PS67-04 BATTERSON ADDITION CITY OF FRIDLEY TYPE OF REQUEST
MINNESOTA
Rezoning
PLANNING AND ZONING FORM
Number
Special Use Permit
�,S. � G7'
Variance
APPLICANT'S SIGNATURE /7tuLL; �Jl• �ElC;1.�x� Lot Splits
Address (P te- 0 Approval of Pre-
_ liminary Plat
Telephone Number J — /6 0
proval of Final
774 PROPERTY OWNERS StGNATU � , � PPlat
P Streets or Alley--..
Address fro �,, �� -rr�-e� Vacations
Telephone Number5-6 p l4 3 C? Other
Street Location of Property. 6 '-f If
T
Legal Description of Property,
Present Zoning Classification �C
Existing Use of the Property N' r _
Proposed Zoning Classification, Special Use, Variance or other request
Describe briefly the Type of Use and the Improvement Proposed
Acreage of Property. j) , / $ S OL j-j
Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split,
Obtain a Variance or Special Use Permit on the Subject Site or Part of It? A/C
When?
What was Requested Fee Enclosed $
Date Filed Date of Hearing
i
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------------
19 1,7-C If G-Lk c /c-o LAJ 6
�'(Zst �'an�A Es �fes
' PLANNING AND ZONING FORM PACE 2
Number -0
The undersigned understands that: (a) A list of ail residents and owners of pro-
perty within 300 feet must be attached to
this application.
(b) This application must be signed by all
owners of the property, or an explanation
given why this is not the case,
(c) Responsibility for any defect in the pro-
ceedings resulting fi6m the failure to list
the names and addresses of ail residents
and property owners of property within 300
feet of the property in question, belongs
to the undersigned.
Residents and Owners of Property within 300 feet:
PERSONS ADDRESS
to-dul NJ Cr Ni t 6 Y• 7o X1Vr-o Vik'&J
C� -�'Yli•dw 4 s`f f�e i-- 5/�u/nr�s g �o� fJsS/� /
cz}e n : C N 2 t, uJN�D,En! S S• 8 s'T2,cS,Ml �f.
(s� �, �/n/y �. �!'o c� �f i 1 ?3 � c N�m pl A> oSs 'D, M/,/^f,
0 4LkZV M A 'TS 6 liel APT.# D.1 FrtpjjgX
M/,gin/,
A sketch of proposed property and structure must be drawn on the back of this
form or attached, showing the following: 1. North Direction
2. Location of Proposed Structure on lot.
3. Dimensions of property, proposed
structure, and front and side set-backs.
4. Street Names
5. Location and use of adjacent existing
buildings (within 300 feet) .
The undersigned hereby declares that all the facts and representations stated in
this application are true and correct.
DATE SIGNATURE
(APPLICANT)
Approved Denied By the 3osrd of App+ea&s
Subject to the Following Conditions: date
Approved Denied by the Planning Commission on
Subject to the Following Conditions: date
Approved Denied by the Council on
Subject to the Following Conditions: date
Form PVC 100
OFFICIAL NOTICE -OFFICIAL I NOTICE
C
CITY OF FRIDLEY
ITV`OF FRIDLEY
I PUBLIC HEARING
PUBEFORE THE BLIC G ! BEFORE THE
PLANNING COMMISSION
PLANNING COMMISSION
TO WHOM IT MAY CONCERN: TO WHOM IT MAY CONCERN:
r
Notice is hereby given that there
Notice is hereby given that there will be a Public Hearing of the
will be a Public Hearing of the Planning Commission of the City of
Planning Commission of the City of i Fridley in the City Hall at 6431
Fridley in the City Hall at 6431 University Avenue Northeast on
University Avenue Northeast on July 13, 1967 in the Council Cham-
July 13, 1967 in the Council Cham- her at 7:30 P.M.for the purpose of:
ber at 7:30 P.M.for the purpose of:
Consideration of a proposed pre-
Consideratign of a proposed pre- I liminary plat, P.S. No. 67-04,
liminary plat, P.S. No. 67-04, Batterson _Addition, being all
Batterson Addition, being all I a par o o Auditor's
that part of Lot 25, Auditor's Subdivision No. 23 Revised that
Subdivision No. 23 Revised that f lies West of the Westerly right
lies West of the Westerly right I of way line of Riverview Ter-
of way line of Riverview Ter- I race, located in the South Half
race, located in the South Half (S1/Z) of Section 15, T-30. R-24,
(S%)' of Section 15, T-301 R-24, City of Fridley, County of Ano-
City of Fridley, County of Ano ka, State of Minnesota.
ka, State of Minnesota.
Generally located West of River-
Generally located West of River- i view Terrace at Mississippi j
view Terrace at Mississippi { Place.
Place.
{ Anyone desiring to be heard with
Anyone desiring to be heard with reference.to the above matter will
reference to the above
be heard at this meeting.matter will'i j be heard at this meeting.
j
! ROBERT J. HUGHES ROBERT J. HUGHES
Acting Chairman
j Acting Chairman i Planning Commission
I Planning Commission
Publish: June 23, 1967 j Publish: June 23, 1967
June 30, 1967 i June 30, 1967
j (Published in the Anoka Union
(Published in the Anoka Union &Fridley Free Press
j JunFride 23& 30Fre�967)s June 23 & 3Q 1967)
I
ATTENTION OF:
11cTO - __ _- __ _ _ �0• Misc. #67-41
�- — = lot. _._.
229 iambs= f.
L__...._-
--------------- _.___._._... _ ..._..__ ------------
S U B J E C T
_...-.---SUBJECT PabliC DATE Jose 21, 1967
Pleaft VAUAS_-.Govaideratiou of a P464 07-1*
11
3attersan Addition _ .. .._ . ... . _._.
tis following dates: June 23, 1967
June 30, 1967
SIGNATURE Assistant
REPLY:
----------_._...... .. .._._ .. __...._. ......
_ DATE �' 3 "� SIGNATURE-
RETURN
IGNATURE RETURN THIS COPY TO ORIGINATOR
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 July 13, 1967 in the Council
Chamber at 7:30 P.M. for the purpose of:
Consideration of a proposed preliminary plat,
P.S. #67-04, Batterson Addition, being all
that part of Lot 25, Auditor's Subdivision
#23 Revised that lies West of the Westerly
right of way line of Riverview Terrace, located
in the South Half (S�) of Section 15, T-30,
R-24, City of Fridley, County of Anoka, State
of Minnesota.
Generally located West of Riverview Terrace
at Mississippi Place.
Anyone desiring to be heard with reference to the above
matter will be heard at this meeting.
ROBERT J. HUGHES
ACTING CHAIRMAN
PLANNING COMMISSION
Publish: June 23, 1967
June 30, 1967
PUBLIC HEARING NOTICES: P.S. #67-04
BATTER.SON ADDITION
MAILED: JUNE 22, 1967
PUBLIC HEARING BEFORE PLANNING
COMMISSION: JULY 13, 1967
idle
NiVER51i:Y.._AVENUE
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Midwest Federal Savings & Loan Assn.
85 South 8'U' Street
Minneapolis
Minnesota -
Attention: Carl Walden
Robert Lecy
4721 Nicollet Avenue
` Minneapolis
Minnesota
INIVERSITY AVENUE <\. J\;U.J.?OS-SiA�F1`
OKA COUNTY � J0422'67
MINNESOTA 55421
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:. Benny B. Brown
11732 Champlain
Osseo
Minnesota
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East Ranch Estates
6520 East River Road
Fridley
Minnesota
55432
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Virgil Herrick
6231 University Avenue N.E.
Fridley
Minnesota
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Donald M. Batterson
- 6490 Riverview Terrace
Fridley
Minnesota
55421
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6470 Riverview Terrace
Fridley
Minnesota
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Grace Breyley
6454 Riverview Terrace
Fridley
Minnesota
55421
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', INNESOTA 55421 JUN 22.67 ! y ;
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- Allen Matson
120 Mississippi Place
Apartment #2
Fridley
Minnesota
NWERSITY AVENUE t �«
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6460 East River Road
Fridley
Minnesota
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Angeline Waldrop
6428 East River Road
Fridley
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CHECK LIST FOR
...
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(Name of Plat) 77
Date
Legend Checked By
V - Item Correct
X - Item Incorrect No. of Lots
—. Item Not Checked Political ubd. _
ITEMS REMARKS
1. CLOSURES
2. DISTANCES ON ALL SIDES OF LOTS
3. OVERALL DISTANCES
4. CURVE DATA & INTERMEDIATE TANGENTS
5. LOT AND BLOCK NUMBERS
6. LOT DIMENSIONS (OVER MINIMUM)
7. STREET NAMES
8. STREET WIDTHS
9. CHECK WITH COUNTY HWY. DEPT.
10. CHECK PLAT FOR SCALE
_11. ADJACENT AREAS
12. MONUMENTS
13. TITLE (FOR DUPLICATION)
14. DEDICATION (COMPARE PLAT AND TITLE)
15. COMPARE WITH 1¢2 SECTION PLAT V.
16. TOPOGRAPHY
17. EASEMENTS, TURNAROUNDS, DEADENDS
18. TIES TO SUBDIVISION LINES
19. SCALE AND NORTH ARROW
20. NOTES ON ALL BOUND.rRY LINES
21. SCHOOL DISTRICT MAP
22. COON CREEK WATERSHED DISTRICT
23.
24.
Plat acceptable to me when the above items, if any, have been corrected.
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Elmer 1S, Johnson — Sl!V `6 02
ki ((yrs o _ __. (r, 7- �,. BATTERSON ADDITION P.S. #67-04
64,0 E2st River Road That part of L. 25, Aud. Sub. #23 Ret-.
that lies W. of Westerly R/W line of
Riverview Terrace - Don Batterson
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Planning Commission Meeting - July 13, 1967 Page 4
Paul Blegen, 280 Ironton: If I had to live in an apartment, I would
want to be in an area convenient to shopping centers, etc., and if Mrs.
Swanson were to build here, I don't believe she could get a good monthly
rent for the type of building people would rent. I am opposed to the
rezoning.
Mr. Seeger asked if it would be possible to put this request aside.
MOTION by Ylinen, seconded by Jensen, that the Planning Commission
close the public hearing of the rezoning request, ZOA ,M3-02, Mrs. Florence
Swanson and Bernard Julkowski of the easterly end of Ironton and adjacent
to Ashton Street, Auditor's Subdivision #103. Upon a voice vote, all.
voting aye, the motion carried unanimously.
MOTION by Jensen, seconded by Ylinen, to amend the above motion and
refer the rezoning request, ZOA #63-02, Mrs. Florence Swanson and Bernard
Julkowski to rezone from R-1 to R-3A to the Plats & Subdivisions-Streets &
Utilities Subcommittee for review, and to refer to the Parks and Recreation
Commission for study, and table until the next meeting of July 27, 1967.
Upon a voice vote, all voting aye, the motion carried unanimously.
Acting Chairman Erickson said the only thing the Planning Commission
can do as far as the road which has not been dedicated, is to ask the City
to try to get the dedication. This particular Commission is composedof
four new members. We would like to get this problem settled before the year
is out. Anyone in the community can ask for a rezoning. I hope ;you will be
patient with us as we have complete opposing views concerning the rezoning.
There will be a Parks and Recreation Commission meeting on July 24, 1967
and this item will be turned over to them to consider purchasing the property.
2. PUBLIC HEARING: PROPOSED PRELIMINARY PLAT P.S. #67-04` BATTERSON ADDITION,
DONALD BATTERSON: All that part of Lot 25, Audito'r's Subdivision #23 Revised
Al that lies West of the westerly right of way line of Riverview Terrace.
The preliminary plat was examined and discussed. Mr. Batterson wondered
if it would be possible to leave the blacktop on the cul de sac which was
vacated and lay dirt over the top. Member Jensen thought it would be to the
owner's advantage to break up the mat before putting fill on it.
Mr. Segner, whose property is to' the south of the proposed plat, looked
at the map just as a matter of information.
MOTION by Jensen, seconded by Ylinen, that the Planning Commission
recommend to Council the approval of the Preliminary Plat, P.S. #67-04,
Batterson Addition, Donald Batterson, being all that part of Lot 25, Auditor' s
Subdivision #23 Revised that lies West of the westerly right of way line of
Riverview Terrace. Upon a voice vote, all voting aye, the motion carried
unanimously.
3. CONTINUED REZONIvTG REQUEST: ZOA #�67-04, S & S INVES'li,'I ' iT CO. REPRESEN 'ED LY
WILLIAM SHAW: Lots 1-6, Carlson's Summit Manor Annex 2nd Addition to be
rezoned from R-1 to R-3A.
'..INNING COM7IISSION MEETING DECEMBER 14, 1967 PAGE 1
The meeting was called to order by Vice Chairman Erickson.
ROLL CALL:
Members Present: Myhra, Erickson, Jensen
Members Absent-: Ylinen, Hughes
Others Present: Engineering Assistant Clark
APPROVE PLANNING COMMISSION MINUTES: NOVEMBER 30 1967:
MOTION by Jensen, seconded by Myhra, that the Planning Commission minutes
of November 30, 1967 be approved. Upon a voice vote, all voting aye, the motion
carried unanimously.
RECEIVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOMMITTEE MINUTES: DECEMBER
7 1967:
MOTION by Myhra, seconded by Jensen, that the Planning Commission receive
the minutes of the Plats & Subdivisions-Streets & Utilities Subcommittee for
December 7, 1967. Upon a voice vote, all voting aye, the motion carried
unanimously.
RECEIVE BUILDING STANDARDS-DESIGN CONTROL MINUTES: NOVEMBER 28 1967:
MOTION by Jensen, seconded by Myhra, that the Planning Commission receive
the minutes of the Building Standards-Design Control for November 28, 1967. Upon
a voice vote, all voting aye, the motion carried unanimously.
RECEIVE BOARD OF APPEALS MINUTES: NOVEMBER 29 1967:
MOTION by Myhra, seconded by Jensen, that the Planning Commission receive
the minutes of the Board of Appeals for November 29, 1967. Upon a voice vote,
all voting aye, the motion carried unanimously.
ORDER OF AGENDA:
The Vice Chairman stated the Commission would proceed as the items are
listed,
1. PUBLIC MEETING: RESIDENTS ON JOHNSON'S RIVER LANE:
INTERSECTION PATTERN: MISSISSIPPI STREET & EAST RIVER ROAD, BOB'S PRODUCE
RANCH:
Present to discuss this item were Elmer Johnson, Don Batterson and Benson
Investment Company represented by D. C. Chandler and J. R. Levine.
Member Jensen said he would like to talk in general about the history of
the present plan. Sometime ago, something like 6 or 8 months ago, a plan was
generated by the Streets & Utilities-Plats & Subdivisions Subcommittee which
Planning Commission Meeting - tuber 14, 1967 Page 2
differed to some extent from the plan we are looking at tonight. That plan
was similar in that the intersection of Mississippi Street and East River
road was to be a full four way intersection. The differences essentially
were that Mississippi Street was connected with Mississippi Place and a
service road was provided North along the West side of East River Road. The
plan was recommended for adoption to the City Council and it was his under-
standing that they received the plan but did not take a specific action
relative to it. Instead they passed it on to the County Engineer for review
at that level. At that point there was no activity on the proposal. In the
meantime, Mr. Schroer changed his basic plan for the proposed building and
display area with the result that there was no more need for a service drive.
This alternate plan was drawn, went to Council, back to the Subcommittee and
it took action recommending approval with a few features which we wished to
have incorporated in the plan. This will be found in the Subcommittee minutes
on page 15 in tonight's Agenda.
Mr. D. C. Chandler said they were surprised that the Planning Commission
would even consider taking access frontage away from a commercialized lot.
Who do you expect to pay for this? We have been paying on this street now for
seven years. We are not about to stand still for this. The plan we saw a year
ago had Mississippi Way connected to Mississippi Street through the Mobil
Station. This plan tonight is a custom plan for Bob's Produce. We are com-
pletely opposed to this set up. Why was the other plan dropped?
Jensen stated that all he meant to indicate by his comments was that the
plan presented this evening was an alternate plan.
Mr. R. J. Levine said the statement was the fact that Bob came up with an
alternate plan whereby he did not need a service road and his only question is
�'why��
Jensen explained that the only consideration in the Subcommittee meeting
relative to the benefits of this plan over the previously adopted or accepted
plan, was that Mississippi Place essentially residential, was going to serve
a very high commercial type of traffic, and this is not good planning. The
other plan arranged for the commercial traffic to filter back out onto Missis-
sippi Place in order to make many of the exits that would be required.
Mr. Chandler said that should this plan go into effect, it would mean that
their particular piece of property, instead of being a corner commercial,
would then become a landlocked piece with no exit or entrance. The property
would be devaluated.
Member Jensen said he believed they could get in by way of Mississippi
place and be able to pull out and go South.
Judge Johnson said, now to Bob's Produce Plan, taking off the gas station
and running a street East-West right on Bob`s property, would they pay for
the street improvement?
Erickson answered that if the County designated this as a County road, they
would pay for the whole thing.
Judge Johnson then asked "Would those of us who are adjacent have to pay
for another road? We are still paying for Mississippi Place, now have River-
Planning Commission Meeting - December 14, 1967 Page 3
view Terrace going North-South and paying for that also. I am paying for
Riverview Terrace, Mississippi Place and now we are getting a third road.
Erickson asked Judge Johnson what he would think if Bob's Produce were to
pay for all of the Mississippi Place and are your objections to the assess-
ments or pattern?
In reply Judge Johnson said the pattern and assessments. When this was
put in and the County Engineer put signal lights there, I had asked him to
have the signals about ten feet further South. Your first responsibility
is to make safe roads. If the signal light would be a little to the South,
widen the driveway of the Mobil Gas Station, widen Mississippi Place, I
believe that would do what you want to do.
Mr. Chandler said the plan was designed specifically for Bob's Produce.
Jensen stated that there was one thing he wanted to make clear and to make
certain. The original plan presented about eight or nine months ago was not
adopted, but progressed through the Planning Commission up to Council. If
you will notice, this plan provides for a service road approximately up to
66th. There are arrows on it. One way traffic to the North beyond that two
way street. Now the thinking that went into this plan was we could not have
two way traffic coming together. Traffic which wanted to move South on East
River Road and move North could go back to the South or move back through
here down to Riverview Terrace. Essentially, probably 75% of traffic leaving
this commercial development would end up by leaving Mississippi Place behind
your house and on out.
Mr. Levine asked if there was much traffic on Mississippi Street just now.
He was told the traffic is heavy going North-South on East River Road, but
not on Mississippi Place.
Jensen said to Judge Johnson that it is his situation, along with the
apartment houses, that we took into consideration. If we are not serving you
by that consideration, we must be off on the wrong track. I wonder how the
apartment would like looking at the heavy commercial traffic behind the
building but have a very quiet front view.
Mr. Levine said he congratulated the Planning Commission on one thing.
They received better treatment, a lot better treatment, than the last time
they appeared before a Committee. It seemed the protesters were not present
so the hearing was continued.
Judge Johnson repeated that his main objection was the assessments because
this would make a third road they would be paying for.
It seems the problem is how to get the traffic in and out, and Erickson
said that perhaps they should go back to the original plan and modify it.
MOTION by Myhra, seconded by Jensen, that the Intersection Pattern for
Mississippi Street and East River Road be continued until the next scheduled
meeting of the Planning Commission (December 28, 1967). Upon a voice vote,
all voting aye, the motion carried unanimously.
2. LOT SPLIT REQUEST: L.S. #67-01, MYLO PARKS, PARCELS 2000, 2010, 2020, AUDITOR'S
Planning Commission Meeting - January 11, 1968 Page 3
Jensen explained that at the Subcommittee level, the lot split was
approved, subject to receipt of legal description so that the Planning Com-
mission could review the legal description to see that it would not be too
awkward as the description should be brief. The actual written description
would be reviewed by the Planning Commission before sending to the Council.
Mr. Bogucki agreed that the description would be ready for the meeting
on January 25, 1968.
MOTION by Jensen, seconded by Ylinen, that the Planning Commission table
the Lot Split request, L.S. #68-01, by Rodney Billman, Inc. for Lot 29;
Block 1, Innsbruck 5th Addition until January 25, 1968. Upon a voice vote,
all voting aye, the motion carried unanimously.
3. INTERSECTION PATTERN: MISSISSIPPI STREET AND EAST RIVER ROAD: Bob's Produce
Ranch.
The people present, Mr. Chandler, Judge Johnson, and Mr. Batterson
were told that the Planning Commission did not feel they could come to a
conclusion this evening, but would participate in further discussion. Acting
Chairman Erickson said that, in all fairness to the people concerned, he
did not want to see them come back time after time when the Planning Commis-
sion did not feel they were ready for a decision.
Mr. Chandler expressed his opinion against coming to the meetings without
progress being made towards a decision.
Judge Johnson asked if Mr. Chandler's position was known and understood
as he wants two open ends for his commercial property - 642 Way as well
as Mississippi Place. He said that they have property with two corners which
they would like to maintain.
Vice Chairman Erickson said that the Planning Commission understands how
they feel, and they are not attempting to just cut anybody off. Traffic is
the Planning Commission problem.
Mr. Chandler said that this proposal is at his expense and he did not
see how the Planning Commission could consider it. Presently the Benson
Investment Co. has access to East River Road from 642 Way and Mississippi
Place. He asked if the Commission didn't have other proposals also.
The Vice Chairman said that they have not yet changed what they original!--
endorsed.
Member Jensen said "we should clarify the fact that Bob's Produce was
held up for a building permit subject to a solution of the traffic problem.
He had a building permit application in and the request was granted subject
to a solution to the traffic problem. He then came in asking what the Plan-
ning Commission could do. At that point a plan was generated, passed to the
Planning Commission, passed up to Council level. This plan is still in
existance. Bob Schroer studied this plan and decided it was not a plan he
favored. He came in with an alternate plan. It is a simple process, but not
simple to the individuals involved. His proposal showed commercial on the
front part of his property and a continuation of the same type of business
now there.
.r' Planning Commission Meeting - January 11, 1968 Page 4
Chairman Hughes entered at 8:15 P.M.
Vice Chairman Erickson turned the meeting over to Chairman Hughes saying
the Commission tried to explain to these gentlemen that in the past the Plan-
ning Commission actually approved a plan, and would suggest that perhaps the
Commission is not ready to solve the problem yet, that maybe this is not the
solution and to consider the problem for another three or four meetings.
The interested parties could then be notified when we were ready to make a
decision and have them come in at that time.
Mr. Chandler said, "I am sure you are aware that you would be definitely
damaging our property if you agree to Bob's latest proposal and if it is done,
we will go to court."
Judge Johnson said that we do see Bob has a real problem, but I would
like to think he could handle his own development costs. I have paid for
Mississippi Place, Riverview Terrace and East River Road, and now I dread to
think I am going to pay for another road which would make it the fourth road.
I recognize the fact that Bob needs it, he has got to have it, but I wonder
if he could not handle his own road development.
The problem of apartment buildings, which could be built on property
owned by Bob Schroer, and the type of business that might be put on the com-
mercial land owned by Benson Investment Company could also attract a large
volume of traffic, was brought up. Erickson said "what are we going to do
about that?"
Mr. Chandler wondered if another cross street could be put in. Chairman
Hughes said that one of the biggest problems was to avoid cross streets which
would not have signals.
In answer to Chairman Hughes ' question if the Subcommittee had made a
decision, Jensen said Bob's Produce plan was adopted by the Subcommittee as
a favorable plan and it was passed on to the Planning Commission with a request
that the property owners involved be asked to come in for the meeting. We
could endorse the plan from a purely street functional end, but we did feel it
would be unfair to proceed without the Planning Commission having some indica-
tion of the feelings of the property owners. The property owners were given
a written invitation and the three parties here tonight were the only ones
who attended.
Chairman Hughes said that he found himself agreeing with Mr. Erickson
that the Commission is not ready to act on this problem at this time.
Judge Johnson stated that Bob has to have a road, but he just wants to
protect himself from paying for a fourth street.
MOTION by Jensen, seconded by Erickson, that the Planning Commission con-
tinue the study of the Intersection of Mississippi Street and East River Road,
setting a projected date of March 14, 1968 for final action, and include the
fact that the interested parties be notified prior to the meeting when we
anticipate taking action. Upon a voice vote, all voting aye, the motion carrier
unanimously.
RECEIVE BOARD OF APPEALS MINUTES: JANUARY 10, 1968:
MOTION by Ylinen, seconded by Erickson, that the Planning Commission
receive the minutes of the Board of Appeals dated January 10, 1868. Upon a
voice vote, all voting aye, the motion carried unanimously.
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 July 17, 1967 in the Council
Chamber at 8:00 P.M. for the purpose of:
Consideration of a final plat, P.S. #67-04,
Batterson Addition, being all that part of
Lot 25, Auditor's Subdivision #23 Revised
that lies West of the Westerly right of way
line of Riverview Terrace, located in the
South Half (SZ) of Section 15, T-30, R-24,
City of Fridley, County of Anoka, State of
Minnesota.
Generally located West of Riverview Terrace at
Mississippi Place.
Anyone desiring to be heard with reference to the above
matter will be heard at this meeting.
JACK 0. KIRKHAM
MAYOR
PUBLISH: June 30, 1967
July 7, 1967
ATS 9JTION OF:
Anaka County Union & Shopper, Inc. � Memo Pio. Mise. �6?-43
TO __229 Sackaft St.
Anakal, Him. 55303
------------
SUBJECT
.__.SUBJECT AEblic Morin _ PlZsl Plat " City CouWi7 DATE 6/28/67
k ' PlmM r"Alas Coal 1. 08 a >f uml time P.S. #67-0* sattamm,Aldi UM Wfam
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7, 2967
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SIGNATURE AAWLetmt
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RETURN THIS COPY TO ORIGINATOR
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OFFICIAL NOTICE
OFFICIAL NOTICE
CITY OF FRIDLEYCITY OF FRIDLEY 1
PUBLIC RE RING PEfBLIC HEARING
BEFORE THE
CITY COUNCIL CITY COUNCIL
TO WHOM IT MAY CONCERN: TO WHOM IT MAY CONCERN:
Notice is hereby giventhat there Notice is hereby given that there
will be a Public Hearing of the will be a Public Hearing of the
City Council of the City of Fridley, City Council of the City of Fridley
in the City Hall at 6431 University in the City Hall at 6431 University
Avenue Northeast on July 17, 1967! Avenue Ndrtheast on July 17, 1967
in the Council Chamber at 8:00` in the Council Chamber at 8:00
P.M. for the purpose of: C P.M. for the purpose of;
Consideration of a final ddition, f Consideration of a final plat,P.S.
A
No. 67-04, Batterson I No. 67-04, Batterson Addition,
being all that part of Lot 25, being all that part of Lot 25,
Auditor's Subdivision No.23 Re- I Auditor's Subdivision No.23 Re-
vised that lies West of the West- 1 vised that lies West of the West-
erly right of way line of River- erly right of way line of River-
view Terrace, located in the view Terrace, located in the
South Half (Si/
f) of Section 15, South Half (S1/) of Section 15,
T-30, R-24, Cty of Fridley, T-30, R-24, C ty of Fridley,
County of Anoka, State of Min- County of Anoka, State of Min-
nesota. ! nesota.
,I
Generally located West of River- Generally located West of River-
view Terrace at Mississippi ` view Terrace at Mississippi
Place. tl Place.
Anyone desiring to be heard with! Anyone desiring to be heard with
reference to the above matter will! reference to the above matter will
be heard at this meeting. be heard at this meeting,
JACK O.KIRKHAM JACK O.KIRKHAM
Mayor ( Mayor
Publish: June 30, 1967 I Publish: June 30, 1967
July 7, 1967 July 7, 1967
(Published in the Anoka Union (Published in the Anoka Union
&Fridley Free Press I &Fridley Free Press
June 30&July 7,1967) June 300&&July 7,1967)
I
A
PUBLIC HEARING NOTICES : P.S. #67-04
BATTERSON ADDITION
MAILED: JUNE 28, 1967
PUBLIC HEARING BEFORE THE CITY COUNCIL:
JULY 17, 1967
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REGULAR COUNCIL MEETING, JUNE 19, 1967 PAGE 1.9
(E) LITTLE IEAGUE: NO PARKING SIGNS
Councilman Samuelson said he had a communication from the Little
League requesting that the west side of Jefferson Street from 58th Avenue
to 59th Avenue be posted "DIo Parking", and he understands that the. City is
taking care of this. The City Manager said that it was ordered la.,�t week.
Councilman Samuelson said he would like to point out what the Fridley Little
League has done to this area. He said that they have taken tax delinquent,
derelict land and made a recreational area everyone can be proud of. He
said that the Council should commend them on what they have done to improve
the City.
F PAINTING FIRE HYDRANTS AND SEMAPHORES
Councilman Samuelson said that he has talked previously to the City Engineer
and Chief Aldrich, and notices that the fire hydrants are being painted.
Ile asked the City Engineer the situation on painting the semaphores and
stop signs. The City Engineer said that they are on the schedule and all
signals that the City tri_.intains will be painted.
VISITORS
MR. WILBIIR WIIIr(:MORE, INSUT_'ANCE FOR FIREH-%N AND POLICEMEN:
Mr. Whitmore said that there had been a meeting a week ago which the Policemen
attended, and they concurred partly with the letter from the Insurance
Conmlittee, which had been on the agenda at the last meeting. He said that
a year ago it was recommended there be $10,000 life insurance on the policemen,
and the present proposal is for $7,000 additional. He said the policemen
were asked, and they would prefer to have $7,000 double indemnity than
$10,000 straight life.
Mr. Whitmore said that a year ago, one proposal had a rider to insure
dependents for $1,000 and the policemen indicated they would be willing to
pay this portion of the cost to add the rider to the insurance. He
recommended to the Council that they take action on a $7,000 double indemnity
policy. Councilman Harris asked if Mr. Whitmore had any figures on this.
Mr. Whitmore said that he did not. Councilman Harris suggested that he get
the figures and bring this back at the next Council Meeting. Councilman.
Sheridan suggested that Mr. Whitmore make a report to the Administration.,
and they will put together the figures to have back on the agenda for the
July 5, 1967 meeting. Councilman Sheridan said that the City has no insurance
committee as such, so if Mr. Whitmore will give the Administration his
findings and recommendation, the Administration will get the figures.
Mr. Whitmore said he would do this,
BATT'ERSON: PROPOSED LOT SPLIT
Mr. Batterson said that he had requested a proposed lot split be brought
before the Council. The City Manager said that this has been turned over to
the Plats and Sub-Divisions Committee, and he was not sure when they would
be meeting, but possibly this could come before the Council at the July 5th
g g
meeting. The Council discussed reviewing this and making subject bject to
J
the Committees approval to save time, but they did not have a survey so they
could not act before the July 5th meeting.
fi Plats & Subdivisions
Streets & Utilities Subcommittee June 29, 1967 Page 2
2. PROPOSED IRELIMINARY PLAT: P.S. #67-04 BATThRSON ADDITION DONALD BATTIMSON:
All that part of Lot 25, Auditor's Subdivision #23 Revised that lies West
of the Westerly right of way line of Riverview Terrace.
Mr. Batterson explained that fxom the circle (cul de sac) the p roposed
house would be about 200 feet. Chairman Jensen asked Mr. Batterson if what lie
is proposing is that a single lot be platted, and the answer was "yes".
Mr. Batterson was asked how access was obtained to the present home
and he said by a double driveway, horseshoe shaped. Chairman Jensen commented
the normal requirements are not pertinent to this proposed subdivision. He
presumed it would be Mr. Batterson's intent to remove that portion of the
vacated cul de sac which now exists. Mr. Batterson said he did not intend to
remove it as the cost would be too high. Jensen said that people will trespass
and there will be no way to stop them. Mr. Batterson answered that the only
traffic are the people who live there, and it is a one way road.
Member Nagel asked if some other owner had it and wanted to do some-
thing with the property toward the River, would you have trouble with
access. Mr. Batterson felt there would be enough land for a street.
It was mentioned that this- is another unusual situation of a division
of two lots into three with a provision of easement for a reasonable
driveway between the two lots. Also, it is unusual to have a house facing
the backyard of another property. Albrecht said there were quite a few
instancesof this along the River.
Mr. Batterson was asked about the availability of sewer and water
utilities, and he said he had been told there were in and stubbed in by
the property owners to the South. Engineering Assistant Clark said that
sewer and water was in the street but he was not certain about it being
stubbed in.
The Subcommittee discussed the property to the North and South of the
proposed plat, noting the size and possible street access.
Schmedeke suggested a cul de sac coming in from the North. Chairman
Jensen agreed and said it would require cooperation from the owners to the
North, and when it would be contemplated, a hearing would be held for the
proposal and Mr. Johnson would be asked to indicate his desire. The only
qualms he had was leaving the street in the front yard.
Clark said there was a difference in elevation between the houses--
one would face the River and one face the street. The difference is about
12 feet of so.
Chairman Jensen recalled that the motion of the Planning Commission
included the wording that the work of removing that portion of the vacated
street could be done by the City and be assessed as a street improvement,
and this seems to be a relatively logical way to get this work accomplished.
Member Yiyhra suggested that when Mr. Betterson builds his house,
and has the basement excavated, the contractor could take out the paving.
The Engineering Assistant said a bituminous berm type curb would be
adequate to hold the water.
Plats & Subdivisions -
Streets & Utilities Subcommittee June 29, 1967 Page 3
r
Chairman Jensen read from the Council minutes of June 5, 1967 the
disposition of this vacation.
MOTION by Nagel, seconded by Albrecht, that the Plats & Subdivisions,
Streets & Utilities Subcommittee approve the preliminary plat, P.S. #67-04,
Batterson Addition, Donald Batterson, being all that part of Lot 25, Auditor's
Subdivision #23 Revised that lies West of the Westerly right of way line .
of Riverview Terrace. Upon a voice vote, all voting aye, the motion
carried unanimously.
3. LOT SPLIT REQUEST: L.S. #67-03, EMMY H. RIEDEL ESTATE BY DONALD LAMM2 ATTORNEY:
Parcel 4850 sold to Dr.. Trezona to be split off for special assessment purposes.
Mr. Lamm gave a resume of the situation as follows: This concerns a large
tract of land East of City Hall, approximately 15 acres. A number of easements
have been given to the City of Fridley and a couple by condemnation. In recent
years a great many improvements have been made and all special improvements
assessed against the property.
In January 1965 Riedel's sold off a tract about 1.37 acres which includes
a portion of the easement. The portion sold was to Dr. Trezona. The property
was sold and transferred January 1965, but his share of the special assessments
are not being added to Dr. Trezona's statement because the lot split has not
been approved. The total tax is $4,560 on the whole estate. None of the
special assessments have been assessed against the Trezona parcel, and the reason
I am here tonight is to request you gentlemen to approve the lot split so
that the special assessments will be charged to the right place. Dr. Trezona
had a survey on it and later a deed was drawn. At the present time I have had
a survey of the tract by Suburban Engineering because we discovered the
dimensions were off on Dr. Trezona's survey and we are not certain whether or
not it is the top of bottom line.
I don't think that splitting this off will affect the property. I
understand the lot split ordinance states the area is not to be less than one
acre. We do hope within the next year to rezone this parcel. I think,
from the favorable location of this property in Fridley, the land has tremendous
opportunity. We do have in mind bringing in some large development corporation
to develop it. I don't think granting the lot split, in order to cut the special
assessments, will in any way cause any harm to the adjacent land owners.
Chairman Jensen said that now state law is five acres as the maximum
for lot splits. As far as descriptions are concerned, we have favored lot
splits where they can be done in extremely simple fashion such as a single
sentence type division. Some very simple description such as East 100 feet of
the North 200 feet has been the policy of the subcommittee to allow this sort
of a division without demanding the property owner to go to the further extent
of a plat. In the short time I have been on the committee we have not seen
fit to approve one as complex as this.
Mr. Lamm said the Trezona parcel was bought for a specific purpose. The
North-South line goes almost to the house lot line, then goes back further
West and then along the West side of that house and three feet West of the
garage-type building. Those dimensions are figured out for a medical clinic
and off-street parking.
Reference was made to Page 106 in the code book, 52.043.
REGULAR COUNCIL MEETING, JULY 51, 1.967 Page 12
of the proposals last June as being available for about 40(,, per month per
dependent. One hun:1red percent of the patrolmen and firemen said they
would pay the additional expense at no extra cost to the City. It will
be strictly up to the Council. It is not available to those whose salary
is less than $5,000.
MOTION by Councilman Harris that the Council approve. the rider covering
dependents and policy cost to be borne by the employees getting the
hazardous insurance.
Councilman Sheridan said if this insurance is not going to be available
to all employees, then it should not be for any of them.
MOTION by Harris that the Administration be asked to check with the Insurance
Company to see if this rider could be made available for all employees.
Seconded by Councilman Samuelson. Upon a voice vote, there being no nays,
Mayor Kirkham declared the motion carried.
4�r PROPOSED PRELIMINARY PLAT P.S. #67-04, _B__ ERSON AD_ D�=ON, DONALD BATTERSON:
_AuL THAT PART OF LOT 25 AUDITOR'S SUB D _Vl"SION #23 REVISED THAT LIES WEST OF
THE WESTERLY RIGHT OF WAY LINE OF RIVERVIEW TERRACE:
It was explained that the original request for a lot split is being changed
to a plat.
MOTION by Councilman Samuelson that the Council accept the Preliminary
Plat (P.S. #67-04) of Donald Batterson and advertise for a public hearing
on the final plat. Seconded by Councilman Harris. Upon a voicevote,
there being no nays, Mayor Kirkham declared the motion carried.
SALARY OF ACTING CITY MANAGER -
Councilman Sheridan said he had neglected to consider the salary for the
Acting City Manager at the last meeting. I don't think any of us intended
that. It came to my attention a couple of days later and I asked that it
be put on the Agenda. If it is agreeable with the Council, it will pro-
bably be a couple of months anyway, before we have a permanent City Manager,
and inasmuch as Marvin will be handling two jobs, I would like to propose
to the Council that his salary for that time be the same as the former City
Manager.
MOTION by Councilman Sheridan that the Council change the salary of the
Acting City Manager to a temprorary salary equal to that of the former City
Manager beginning July 1, 1967 until the new manager -is appointed. Seconded
by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham
declared the motion carried.
NOTICES OF HEARING - RAILROAD CROSSINGS:
It was. noted that there will be a hearing on railroad crossings at 61st
Avenue, 73rd Avenue, 79th Avenue, and 83rd Avenue to be held Tuesday,
1 August 1967 at 1.0:00 o'clock in the Council Chambers at 6431. University
Avenue NE, Fridley on the Order of the Public Service Commission of the
State of Minnesota.
REGULAR COUNCIL MEETING, JULY 17, 1967 Page 2
should go in front of their property when there is a utility easement in
the back of the property, and he would like to have this item on the agenda
as SA, TARGET STORE, STORM SEWER CONSTRUCTION, so the people can receive
explicit information from the Engineering Department.
Councilman Samuelson said he had an item to submit under Communications
Item J, STREET RENAMING.
MOTION by Councilman Liebl to adopt the Agenda as amended. Seconded by
Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham
declared the motion carried.
FINAL PLAT - BATTERSON ADDITION:
The Acting City Manager read the Notice of Hearing. Mayor Kirkham explained
that for all practical purposes this amounted to splitting off of a lot. He
asked if there was anyone in the audience that cared to be heard. There was
no answer. The City Engineer showed the Council the- plat map. The Council
questioned the temporary curb. Mr. Batterson explained that when the street
to the north goes in, regular curb and gutter will be put in. The City
Engineer asked him why he chose to plat one lot. Mr. Batterson said that
it had been the County's choice. Councilman Liebl asked him who owned the
adjoining lots, and if they had any objections. Mr. Batterson named the
owners and said they did not object.
MOTION by Councilman Sheridan that the Public Hearing on the Final Plat for
Batterson Addition be closed. Seconded by Councilman Samuelson. Upon a
voice vote there being no nays, Mayor Kirkham declared the motion carried.
~
MOTION by Councilman Sheridan that Final Plat, P.S. #67-04, Batterson
Addition, be accepted as the final plat after final checking by the
Administration and signing by the Mayor. Seconded by Councilman Liebl.
Upon a voice vote, there being no nays, Mayor Kirkham declared the motion
carried.
INTERPRETATION OF LAND USE - COMMERCE PARK:
The City Attorney drew the attention of the Council to the memo in which
he had set forth his interpretation of the land use in Commerce Park. He
said that his feelings are that in the CIS portion of Commerce Park, the
proposed use is not permitted, and that in CR2 this specific use is neither
permitted nor prohibited. He said it would be a matter for the Council to
review the CR2 zoning district and the requirements and determine whether
a lumber yard would be permitted in that classification. He said that in
the M-2 district a lumber yard is specifically permitted.
The City Attorney said he had met with the representatives of the business
that is applying for the permit and he felt they were good businessmen and
their business would be an asset to our community. He said he hoped that
if this zoning is not satisfactory as far as the Council is concerned, some
other location or district would be. He asked Mr. Rosenbaum to comment on
what they have in mind.
Mr. Rosenbaum said that they had looked at several locations, and the problem
with this location, as they understand it, is that a portion as zoned is too
restrictive. He said they would like a favorable interpretation on the
zoning classification by the Council so they could locate in this area.
REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 19
the best way to handle the hookup charge. Councilman Sheridan suggested
it be turned over to the Administration to have all the facts put
together and brought- back to the Council. Councilman Harris said
that the Ordinance could be back on the agenda for review and any
discussion recalling the Council's decision on why it was done the
way it was.
Mayor Kirkham told Mr. Gnerre that the ordinance will be reviewed at
the next meeting.
PUBLIC UTILITIES SEWER RATES:
MOTIOn by Councilman Harris to table this item until the next regular
Council Meeting. Seconded by Councilman Liebl. Upon a voice vote,
• there being no nays, Mayor Kirkham declared the motion carried.
�C ABATEMENT OF ASSESSMENT - LOT 1, BLOCK 1, BATTERSON ADDITION:
The City Manager recommended that this abatement be made. He explained
r
that the extra costs exceeded the amount of the assessment.
y
MOTION by Councilman Harris to concur with the recommendation of the
City Manager and abate the assessment for sewer lateral in the amount
- -of $564.16 for Lot 1, Block 1, Batterson's Addition. Seconded by
Councilman Samuelson. Upon a voice vote, there being no nays, Mayor
Kirkham declared the motion carried.
RESOLUTION #177-1967 CERTIFYING CERTAIN DE_LIN UENT WATER_AND SEIER
CHARGES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 1968 TAOXES:
MOTION by Councilman Samuelson to adopt Resolution #177-1967. Seconded
by Councilman Liebl. Upon a voice vote, there being no nays, Mayor
Kirkham declared the motion carried.
RESOLUTION #178-1967 APPOINTING JUDGES FOR ELECTION:
MOTION by Councilman Samuelson to adopt Resolution 2,r'178-1967. Seconded
by Councilman Liebl. The City Manager was asked if the people have
been notified of the new polling place in Ward 2, Precinct 3. The
City Manager said they were informed that it would be the North Park
School., 5575 Fillmore Street North-east, when the ,chan.ge-over was made.
The vote upon the motion was a voice vote, there being no nays,
Mayor Kirkham declared the motion carried.
CLAIMS:
MOTION by Councilman Harris to approve for payment General and Public
Utilities Claims #12864 through #12941 and Liquor. Claims , 1507 through
#1543. Seconded by Councilman Liebl. Upon a voice vote, there being
no nays, Mayor Kirkham declared' the motion carried.
LICENSES:
The City Manager had one additional reqL!est for' an Auctioneer's License
to be added to the list. Councilman Harris said that the general_
contractor requesting a license is the one that has not paid the NSSSD
ORDINANCE NO. 36-6
AN ORDINANCE UNDER SECTION 12.07 OF THE CITY
CHARTER TO VACATE STREETS AND ALLEYS AND TO
AMEND APPENDIX C OF THE CITY CODE
The Council of the City of Fridley do ordain as follows:
SECTION 1. For the. vacation of the street described as
follows:
All that part of the Riverview Terrace cul de sac
that lies West of the following described line:
Commencing on the North line of Lot 13, Auditor's
Subdivision No. 23 Revised that is 104.19 feet
West of the Northeast corner of said Lot 13;
thence in a Northerly direction to a point in the
West line of the plat of Johnson's River Lane
Addition located 107.26 feet Southerly of the North-
west corner of said Johnson's River Lane Addition,
thence terminating.
All lying in the South Half (*) of Section 15,
T-30, R-24, City of Fridley, County of Anoka, State
of Minnesota
be and is hereby vacated.
SECTION 2. The said vacation has been made in conformance with
Minnesota Statutes and pursuant to Section 12.07
of the City Charter and Appendix C of City Code
shall be so amended.
PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, THIS
DAY OFJU"�3 1967-
MAYOR
967.MAYOR Jack 0. Kirkham
ATTEST:
CITY CLEC-LK Marvin C. Brunsell
First P�s�cl;': �t._ Fj mo 5. 1967
Second Reading:_ kT�'•n= 1.9 p .co7
Publish. . . . . , ;w IMMI I;.
. r
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• September 27, 1967
M E M 0
TO: City .Council
FROM: Marvin C. Brunsell, Finance Director
SUBJECT: Sewer Lateral Assessment
Lot 1, Block 1., Batterson's Addition
On August 21, 1967 the City Council. adopted a sewer lateral
charge for. Lot 1, Block 1, Batterson's Addition in the
amount of $564. 16. This assessment was adopted under: the
1967 Service Connections.
The standard procedure has been on as.gessments of this
type to deduct the extra costs to the property owner from
the amount of the assessment levied. At the time the
assessment was levied, the property owner had not furnished
the City with any proof of any extra costs and therefore
the full assessment was levied.
This property owner has now brought into the City proof of
extra costs in the amount of $900.00 which exceed the amount
of the assessment. I would therefore recommend that the
City Council abate the assessment for sewer lateral in the
amount of $564.16 under the 1967 Service Connections Roll
for Lot 1, Block 1., Batterson's Addition.