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ZOA68-13 r iL CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA _Rezoning PLANNING 1-1D ZONING FO-,M Special Use Permit Number -Z-OA � 68-- f 3 � Variance OWne�? Lot Splits S IGNATURE� .- �=�'� ��rj+--rs�.�-s�_ p A Address / C�D�/ +�F'O I e! I�Pi��? Approval of Pre- liminary Plat Telephone Number 63'9-111416f Approval of Final f e„z,n b (`� Plat pp p- l" SIGNATURE_ �� // Streets or Alley---.-,. Address �� maZ 6k !�[o, Vacations Telephone Number !S.g,6 Other ' 4- At CA-f W G'ity �t t Street Location of Property in �Dv'f{1. �JG3L� O'� (og "- Legal Description of Property, e e sl Lle) and JDAR e el apo i / O� FRld le y, a�� se4!�Poo 7aw4shL� Present Zoning Classification �- L r � ' Existing Use of the Property Proposed Zoning Classification, Special Use, Variance or other request_E- A� r Describe briefly the Type of Use and the Improvement Proposed M I L--L'/8 Acreage of Property :�Q "/2 "t i�" Has the Present ApplicantPrevously Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Variance or Special Use Permit on the Subject Site or Part of It? )VO When? What was Requested r- Fee Enclosed $ Date Filed 4,93 Date of Hearing . ,. PLANNING AND ZONING FORM PACE 2 Number The undersigned understands that: (a) A list of all residents and owners of pro- perty within 300 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the pro- ceedingB resulting from the failure to list the names and addresses of all residents and property owners of property within 300 feet of the property in question, belongs �t to the undersi-ned. Residents and Owners of property within 300 feet:' . PERSONS ADDRESS (� ' ., a-S/-S �. �•G-vim.-d•� `. �� Atvi DL1'LiL3,; 'C.r. ������/n�,�oss nr,2e§Z� xdip Kzy AloPR6,P sa a- le .4' C4y e,N,�, FA r, i,! nwn6K. nu c..- q NE, s3o - Is-4 Ave, /V, W Alew ,Seri l t .q 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 a buildings (within 300 feet) . The undersigned hereby declares that all the facts and representations stated in. this application are true and correct. HArLUND ENTERPRIA ING, # DATE_ 0,y r t?�T1'tl l g�a SIGNATURE �s z�!�E..rd► !�'� is s4 * oY � � 'ylr �Uc 9c • Approved Denied By the Loard of Appeals• Subject .to the Following Conditions: date 1 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 PC 100 1 CORRECTED 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 N. E . on January 301969 in the Council Chamber at 7 : 30 P.M. for the purpose of : Consideration of a rezoning request (ZOA #65-13) by Hammerlund Enterprises , Inc . to rezone from R-1 (single family dwellings) to R- 3A (apartment and multiple dwellings) the North 903 feet of the East 3/4 of the14E 1/4 of the NE 1/4 of Section 13 , T- 30 , R- 24 , City of Fridley , County of Anoka, State of Minnesota . Generally located on the South side of 69th Avenue at the East City limits . Anyone desiring to be heard with reference to the above matter may be heard at this time . Oliver R. Erickson Chairman Planning Commission PUBLISH: January S , 1969 January 1S , 1969 January 22 , 1969 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 N.E . on March 10 , 1969 in the Council Chamber at 7 : 30 P .M. for the purpose of : Consideration of a rezoning request (ZOA #68-13) by Hammerlund Enterprises , Inc . to rezone from R-1 (single family dwellings) to R-3A (apartment and multiple dwellings) the North 903 feet of the East 3/4 of the NE 1/4 of the NE 1/4 of Section 13 , T-30 , R- 24 , City of Fridley, County of Anoka, State of Minnesota. Generally located on the South side of 69th Avenue at the East City limits . Anyone desiring to be heard with reference to the above matter may be heard at this time . JACK 0 . KIRKHAM MAYOR PUBLISH: February 26 , 1969 March S , 1969 IIS NOT RESPONSIBLE FOR ANL AC•I�Carl Hipp MI 4-7506 CURAC1ES HEREIN CONTA 1964 Selby Ave. St. Paul NE4 of NE 4 Section 13 Discussion of. uses of land. ) IV • In i,o:.... 40 __' - _!"_7z3aZ--T—Tio7a R N. CORMS' } •v', /SfLJ ��i�t� .i ! � `(Imp Al.r 4 9 • 20:; I^� �r9 ;fib+4 a� j�, JJ' , '� i s - Q REVISED W � ~w �vN IT_j ti ' j Z 19.77Ac. U. I .. V U I � c r � F )IT(PS SUc,DI' fS1C;11 °1 T 011 _ 2 RICE/,� �u • I , �. I.• �- C I :�• REEK- 13 / I ' r� f I "Ox xlcr•♦ . F ~ y 1• J] AODI T%OV 7 poi T zc. O1 ij G ! ---•--- I 1r i _'L s 661/2 AVE. N.E. .4�_-__I ^1 / 1:A .�.!'.' •j S • �" 13ti F- 7 1. a j I•s.•, 11 Lj W LL 10 / .w 9 Y .Q 3 :��0 �''a' N.E. /9 ,1 " W lz.o Q 7 H n • I �p�'t n� /B /J /1 0 J Q •. V • yT /7 14 _ 14 � a �1 • 1 • rri • i6 7 a- (1J 6 6 .:s. • ♦ .iso • �� ` �' 5' c r y . r TH . AVENUE i „•q N.E. I. ti 19 1 19 z 1 ♦ ti I '• +•^ ./i:. �.•. p zr Jr Uj • A it 4 9�. V 1, 9 ➢ NIr Lt- /a _`Jr: . 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'v N.E. � C J`y i !t�M ,100 1 / W 'r— / t w-.,_: T att rjG 29 z Z 29 Z , �`/ I X I I za tu W 3 7 Y 24 7 w p a s e •• s 22 9 2 z2 g 5 — .v , 9DI 0 (iJsy , � zi /o zJ /s /o ,.:v : W5 wQ /7 /4 /� ¢ 84/s 4 7 7 8 j 7 -- 1AA t • E/� RNER -1 to R-3A: 0 /7 Rezone from R Parcel # and Parcel #200 : Hammerlund Enterprises ROLAND W, ANDIRSQN Inc. 'Clarence D. Nordstrom, Agent COUNTY SURV5YOV ZOA #68-13 A.NGYA COCUTY, MINNESOTA _ 4 NEC _ 27 Townhou e Develop. E�tsF.aT Roger L rson formerl Hammerlun f-AsemmE Enterpr'ses. 600 Block 69th Ave 96A i -•ti p s,4 `�•-•` { f \�, fy -' .J HO 0 .. ti..Ev,aebwe.r�ri�.•w....vr 661/2 ANE . N. E G loot" -S 1. . Yi LLI uj �ob t -fi" IK T }d ~�3 jet:. . N. E. LJa (Official Publication[ OFFICIAL NOTICE i CITY OF FRIDLEY PUBLIC HEARING BEFORE THE TO WHOM ITANNING MA1 CO. ERN MISSIO' Notice is herebv given that there will be a Public Hearing of the Planning Commis- ssion of the Citv of Fridley in the City Hall at 6431 University Avenue N.F.. on January 30. 1969 in the Council Chamber at 7:30 p.m, f ' pu rpose of Consideration of a rezoning request 'ZOA No. 68-131 by Hammerlund Enter -',. prises. Inc. to rezone from R-1 •single family dwellings)to R-3A apartment and multiple dwellings) the North 903 feet of the Fast °- of the NE ',of the NE � Of Section 13.T-30. R-24.City of Fridley. County of Anoka.State of Minnesota. I Ceneraliv located on the South side of 69th Avenue at the East Citv limits. Anyone desiring to be heard with reference to the above matter may be heard at this time. OLIVER R. ERICKSON Chairman Planning Con mission (Jan.8.15.22.1969l—TC I -57 (Official Publication) CITY OF FRIDLEY PUBLIC HEARING BEFORETHECITY COUNCIL TO WHOM IT MAY CONCERN Notice is hereby given that there will be a Public Hearing of the City Council of the Citv of Fridley in the City Hall at 6431 Universitv Avenue V.E. on''March 10. 1969 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a rezoning request i7.OA No. 68-13) by Hammerlund En- terprises. Inc. to rezone from R-1 sin- gle family dwellings) to R-3A apart- ment and multiple dwellings) the North 903 feet of the East 3, of the NE ' of the NE of Section 13. T-30. f 13-24, Citv of Fridlev. County of Anoka. State of Minnesota. Generallv located on the South side of 69th .Avenue at the East City limits. Anvone desiring to be heard with refer- ence to the above matter may be heard at this time. JACK O.KIRKH.AM 'flavor Feb.26&Mar.5.19691—TC 1 7 , 31 �� 7 Co - v b7o I I i Apr 11 24, 1963 Mr. Carl Hipp 19£4 Selby Avenue St, Paul, Minnesota 55404 Dear Mr. Hipp: The County has asked us to split the special assoss.--nts for a portion of Marcel 10, Section 13, which apparently has been split off or sold. Please be advised that we cannot split any existing or future special assessments on this property until such ti-. a as the lot split has been approved by the City Council. The pro- cedure for obtaining a lot split would be to mke application ('1 through the City Engineer's Office. Very truly yours, Marvin C. Irunsell Finance Director MCB ps cc Mr. Kenneth t4. Campbell l Anotsa County Auditor Engineering Office r � I HOPEWOOD HILLS, INC. v Commercial and Industrial Real Estate 2620 North Major Minneapolis, Minnesota 55422 Phone: 588-4544 588-5363 p .,ovember 27, lyo City of Fridley 6431 University !venue N.E. Fridley, Minnesota A tt; Darryl Clark, Engineers Office Gentlemen; Would you kindly put us on your December agenda for planned development zoning for multiple units covering twenty-nine and two-thirds acres known as parcel 10 and parcel 200, City of Fridley, Ninnesota. Our proposal is to zone approximately twenty acres for the maximum number of units feasible for this part of the property. The remaining part of the property which is primarily creek bottom flood ares and wooded area, we propose to leave as a park and will deed the same to the city if so requested or will use it for a private park for the apartment dwellers. A t the meeting we will present a comprehensive plan for streets, drawings of buildinz.s proposed, building locations, locations of parking areas and general la yovt of the development. Sincerely, 12 Clarence D. Nordstrom, A gent for hammerlund Enterprises, Inc. (3431 UNIVEMOITY ECF I N/ N O V 29 1968 AM 718A10,1i,i2,i, ,�i,�,�►G I I December 17 , 1968 near Mr. Nordstrom: Enclosed are the maps concerning sewer and dater 0 utilities serving the property south of 69th Ave . N.E. During construction of these utilities the soil conditions were as follows : 1 . Nater level varied between 12 ' to 15 ' in depth. Soil consisted of generally all sand., with an occassional pocket of clay. Also included is the search of parcels #10 and # 200- IN 1/2 Sec . 13 T-30-R-24 as requested. If there is any additional information required feel free to call at any time . Sincerely, i Curt Dahlberg; Cil/nf Sr. Engr.. Aide I 560-3450 cacvgrijlc�y J ANOKA COUNTY 6431 UNIVERSITY AVENUE NE January 10, 1969 FRIDLEY, MINNESOTA 55421 Re: Public Hearing ZOA #68-13 TO WHOM IT MAY CONCERN: Enclosed is a corrected public hearing notice which CHANGES the DATE of the HEARING from Thursday January 23 to Thursday January 30, 1969. It is with regret that we are changing this public hearing date, however, it became unavoidable when it was found that only two members of the Planning Commission would be able to attend the meeting scheduled for the 23rd. Two members would not make up a quorum. Ih We hope that this NEW hearing date will not upset .your schedule and that you will still be able to attend the hearing on Thursday, January 30, 1969 in the Council Chamber of the City Hall at 8:00 P.M. i Thank you, OLIVER R. EftICKSON Chairman J Planning Commission t HOPEWOOD HILLS, INC. Commercial and Industrial Real Estate 2620 North Major Minneapolis, Minnesota 55422 Phone: 588-4544 588-5363 January 13, 1969 Honorable Mayor, and Ivembers of the Council Cf the City of Fridley Gentlemen: Please be advised that I am submitting to the planning commission of the City of Fridley a complete architectural layout with plans for the zoning to R-3 Eultiple of 29 and 2/3 acres located at 67th to 69th Avenue 'dorth East, also known as County Road H, commencing at a point 1,000 feet west of Stinson Blvd., thence East along 69th to Stinson '31vd. directly south of the Studebaker Onan plant. Known as parcels 10 and 200. Approximately 20 acres are suitable for sound building; purposes. The bilance of the acreage which is north and south of Rice Creek, we will either deed to the City of "'ridley, or use the property for private park and picnic area . We were scheduled to appear before the planning- Commission January 23, 1969, but due to the 'r,urden of work the planning commission have set the hearing for January 30th, 1969• Use have financing arranged for spring construction, therefore we would like to get on the council agenda as soon as possible after Januvey 30th. we feel confident after preliminary conferences that our plans and layout for 218 apartment units, complete with pool, garages, parking, streets, landscaping, and recreation area will be acceptable to the planning commission. In our opinion this plan for the use of the land is the highest and best use for the benefit of the Village of 'Fridley. We appreciate your consideration in this matter. Sincerely, hopewood hills, Inc. January 29, 1969 Clarence D. Nordstrom Hopewood Mills, Inc. 2620 North Major EAnneapolis, Minn. 55422 Re: IU muerlund Enterprises, Inc. ZOA 068-13 Rezone from R-1 to R-3A Dear Mr. Nordstrom: City Council, at their regular sleeting on January 20, ® 1969,received your letter concerning your pending rezoning request. They did not set a hearing date and will await Planning Cission action before they do so. This means that your hearing before Council will probably be set for sometime in Arch. Yours very truly DARREL CLARK Eugineerinb Assistant DC;cb I 560-3450 1 Cit o ride ANOKA COUNTY 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55421 April 16, 1969 Hammerlund Enterprises, Inc. 1604 St. Croix Circle Golden Valley, Minn. Re: Landscaping the 160 Foot Strip of Land Gentlemen: As you indicated, Carl Hipp, property owner, would dedicate an additional 160 feet as shown on the attached plan marked Plan "A" to the City which City needs for its develop- ment. We agree this strip of property can be landscaped by the property owner or other persons having control of the property North of this strip in conjunction and with the appro- val of the City Officials. Yours very truly aktL4A NASIM M. QURESHI, P.E. City Engineer-Director of Planning NMQ:ob Enc. CC: Carl Hipp 3y CLARENCE D. NORD- STROM, 57, 2620 Major Av. N., Golden Valley, died Thursday. Services at 1:30 p.m. Saturday in the Valley of Peace Lutheran Church. Burial in Crystal Lake Cemetery. He was the president of the Hopewood Hills., real es- tate firm. Survivors: his widow, Fern; three daughters, Mrs. Gayle Lewis, Kay and Kim, all of Mi4neapolis; two sons, John D., Mikhneapolis and Steven, St. Louis, Mo.; two brothers, Sid- ney, and Alden, both of Minne- apolis; two sisters, Mrs. Bernice Thuftdai, Minneapolis and .Mrs. Mildred Carlson, Tonawanda, N.Y;. five grandchildren. October 15, 1969 Rice Creek Developers 470 Rice Creek Boulevard Fridley, Minn. Re: Agreement between Carl Hipp and City of Fridley Gentlemen: Enclosed herewith is an executed copy of the DAgreement covering the Carl Hipp property for your filee. Yo rs very truly NASIM M. QURESHI, P.C. City Engineer-Director of Planning NMQ:ob Enc. October 15, 1969 Mr. Carl Hipp 1964 Selby Avenue St. Paul, Minn. 55104 Re: Agreement between Carl Hipp and City of Fridley Dear Mr. Hipp: Enclosed herewith is an executed copy of the Agreement covering the East Three Quarters of the Northeast Quarter of Section 13, T-30, R-24, City of Fridley, Minnesota for your files. Yours very truly NASIM M. QURESHI, P.E. City Engineer-Director of Planning NMQ:ob Enc. THOMAS VENNUM WILLIAM C.MORTENSEN LINDQUIST & V E N N U_ M LEONARD E.LINDQUIST LEW SCHWARTZ NORMAN L.NEWHALL JOHN H,STROTHMAN LAURESS V,ACKMAN DAVID G. NEWHALL GERALD E.MAGNUSON DENNIS M,MATHISEN 860 NORTHWESTERN BANK BUILDING EDWARD M.GLENNON LEROY A.COLLIGAN ROBERT J. SHERAN KURTIS A.GREENLET . MELVIN I,ORENSTEIN ROBERT V.ATMORE EUGENE H.KEATING DAVID E.KRAUSE • MINNEAPOLIS,MINNESOTA 55402 . JAMES P.MARTINEAU REYNOLDS B.THOMAS,JR. RICHARD J.FITZGERALD JOHN B,WINSTON PHILIP J.ORTHUN EDWARD R.GARVEY MACLAY R.HYDE DANIEL T,LINDSAY • TELEPHONE 6(2) 335-6651 JOHN A.FORREST MICHAEL E.MURPHY WILLIAM E.FOX THOMAS G.DEVINE JERROLD F,BERGFALK THOMAS H.GARRETT]II .WILLIAM T.DOLAN . CABLE ADDRESS: LIN LAW July 2, 1971 Mr. Darrell Clark Engineering Assistant City of Fridley 6431 University Ave . NE Minneapolis , Minnesota 55421 Re : Carl Hipp easements Dear Mr. Clark: ' On April 21 , 1971 , you wrote to Virgil Herrick, Fridley City Attorney, setting forth four proposed legal descriptions three of which relate to easements and the fourth of which descriptions relates to E, conveyance of fee title to certain land to the city. We ha,.-_, reviewed these legal descriptions and have revised them s _;_ htly only as to format. We believe that the legal descriptions contained in the enclosure describe exactly the sar-,.� _>roperty shown in your letter but are simplified. Please rview these descriptions and if they meet with your approval .. 'he representative of the estate of Carl Hipp has indicai:< c that we are ready to deliver the appropriate instruments . Yours very truly, William E. Fox WEF:jk cc: Mr. Virgil Herrick LEGAL DESCRIPTIONS FOR PARCELS AND EASEMENTS TO BE CONVEYED TO THE CITY OF FRIDLEY 1. The South 687 feet of the East 3/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13 , Township 30 , Range 24 , Anoka County , Minnesota. 2. An easement for street purposes over the Easterly 40 feet of the East 3/4 of the Northeast 1/4 of the Northeast 1/4 , excepting the South 687 feet thereof and further excepting that part thereof taken for railroad right-of-way in Section 13 , Township 30 , Range 24 , Anoka County , Minnesota. 3. An easement for street purposes over the Westerly 33 feet of the East 3/4 of the Northeast Quarter of the Northeast Quarter, excepting the South 687 feet and the North 33 feet thereof in Section 13 , Township 30, Range 24 , Anoka County, Minnesota. 4. An easement for street purposes over the following described tract : Commencing at the Northwest corner of the East 3/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13 , Township 30 , Range 24 ; thence East along the North line of said Northeast 1/4 of the Northeast 1/4 of Section 13 a distance of 33 feet; thence South parallel to the West line ofthe said East 3/4 of the Northeast 1/4 of the Northeast 1/4 a distance of 33 feet to the actual point of beginning; thence continue South parallel to said West line a distance of 20 feet; thence deflect to the left 135° along a line to a point that is located on the South line of the North 33 feet of said East 3/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13 ; thence West to the point of beginning , Anoka County , Minnesota. Made this ................... ..............................day of......A6-.zo.-�...4.-z... ......... 192.1.... between ..........PeArl....h......jiipp...................................................................................................................;;................................................... ................................. ............as .............. .......................................................................... of the Etate o�' ....aka Carl ..Hi .. ................................ .......pp.,............................................................. deceased, rt........ of the First art, and.C.i.ty...pf...Fridley.,.....;�....!��4picipal cooperation, orqanized under If ... ­­'*.."i........of Minnesota-­......*...*­­­­­­*­**......­­ ...... the laws of the Sate under ..................................................................I of tile County of.-He-.nM1pifk-- Anoka ... ..... ............I...........................................and State of.....Minnesota .............. ..............................................................I part..Y... of th-e second pari,7 Witne0etij, That whereas ....Carl P. Hipp, a ka Carl Hipp ................... . .............................................................................................................................. ..............I....................I..................I..........9t.........��.l.............................................................................M��.6y..........................................I............ I&& of t7?,e.... ........m....St,. �i.... .!...............................................I in the County of............................................................................... of..Min e s -time, made (Lnd execut d.............. and State ............................................................ deceased in. ......................life e 2nd'"'- 64­ Jr,ast Will and Tes cement, bearing date the..................................................day Of...........OCt.0,Per......................P 19...64.., vhereby among ott. things, ......he constituted and appointed ... �!.n.... ................................................... ............................................... .......... said Last Trill and Testament, and did thereby empower the said execut.rix N sell and dispose f the real estate belonging to the said testat.q.............at the time ofhis.................................death, Which will was du�y admitted to probate on the........31q.t.............day of...................M.arc.h...................... by ... ......... the Probate Court of.......RaVAe.Y............................... County, Minnesota. -00ba, �berefore, The said part..y. .........of the,first part, by virtue of the power and authority to ..............................given �n and by the said Last R'111 and Testament, and in consideration of the 8urfb of ...........................................................One................................................................................................................................................................... DOLL.4RS, do............hereby ra GtY Bargain, Sell, and Convey, unto the said party........of the second part,.................................... ..................and assigns, forever, all the tract............ or parcel........... of land, lying and being in the County of .......lil(ma ...kk7 lKa......................and State of Minnesota, described as follows, ft-wit.- 1. The So th 687 feet of the East 3/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13 , Township 30, Range �4, Anoka County, Minnesota . 2. An eastrent for street purposes over the Easterly 40 fee of the East 3/4 of the Northeast 1/4 of the Northeast 1/4, excepting the South 687 feet thereof and further excepting that part thereof taken for railroad right-of-way in Section 13,Township 30, Range 24, Anoka County, Minnesota . 3 , An eas'em4nt for street purposes over the Westerly 33 feet of the East 3�4 of the North0ast Quarter of the Northeast Quarter , excepting the South 687 feet and the North 33 feet thereof in Sectio 13 , Township 30, Range 24, Anoka County, Minnesota . 4An e n as me t for street purposes over the following described tract : Coramen;ing at the Northwest corner of the East 3/4 of the Northeast 1/4 of the Northeast 1/4 Section 13, Township 30, Range 24; thence East along the North line of said Northeast 1/4 of the Northeast 1/4 of Section 13 a distance of 33 feet; thence South parallel to est st line of the said East 3/4 of the Northeast 1/4 of the Northtst 1/4 a distance of 33 feet to the actual point of beginning; thence continue South parallel to said West line a distante of 20 feet; thence deflect to the left 1350 along a line to aoint that is located on the South line of the North 33 feet of. sai%, East 3/4 of the Northeast 1/4 of the Northeast 1/4 of Sectio thence Te.To-st to the point of beginning, Anoka County, Minnesota No stat deed tax required hereon. To abe ane to �)olb tbC a)MIM Toffether with all the hereditaments and appit.7-tCnances thereunto belondine h or in anywise appertaining, and all the estate, right, title, interest, claim, and de- mand whatsoever, which the said decedent had at the time of death to the said part............of the second part,............ ................................................and assigns, Forever. In T ct;timonj) Ulf)emf, The said part.Y....of the flr8l part ha..q..hereunto set.....bqx........... hand......... the day and year first above written. In Presence of ............ 71 .4s.....Eyoacutxi-x............................................................... of the ... ..................... ....... Carl P. Hipp, aka Carl Hipp Estateof .......................................................................................I............. ........................ ...... ..................... Deceased. 4 PAGE 4S4 tate of County of..... .4......................................... 07tthis................................. Public .....................day of...................................................... .................... 19W..., bef07'e, 11M, sNotary Fe at 3. L..........-................................................................................ within and for said County, personally appeared Hip............ . ...... HiQ . ....................................................................... ��.`Z.Neclatrix ....aij�i�.......;�ik�i....cb:k-i....Ili............................ v.......... ..........................................o the estate of....Ca .........................0.....................0................................ deceased .............Pfdc to Me kizown to he the persons..............described in, and who executed the foreeoi716 instrument, and ec,-Viat...............th eY..............executed the sante as.... their... ...................................17-C& act and deed for the 'P.U7*poscs therein expressed. .PA1CCiP :1. 11,1AGUIRO ........... -W'Ury Public, Ramsey Covnt,, VInn. V a pilr-19-73 C— C'ar'd Pzz1b,L"...................................................................... c---ntzf' .V'F-n. ld I Oly commission expires.................................................................. 19... This deed prepared by Phillip J. Maguire, Attorney at Law, 1521 Selby Ave. St . Paul, Minnesota . 0.) n -Z j-4 U3 CY Lt- Q. O R, O - Z j z 0 -z 8, 'z! Ca C) U 11 t Q- z 13 �4 bo r. 4 b � a .w U lSF O G. ?t 41 S O wr4 41 Q G� w CWQS CQra NRi -F4 "4 U 44 A 03 N 0 d 1 � H u d U .-� U Ai m b C. 'q V -Aa -.4 CC 04 .E W d0 G iJ cow V4 coLn 14 cn 00 "4 w O .-4 M C. G e-1 n't .-4 .-t a g 91 1a ti .0 1 «,0� JJ tg ,4 u rA r-444 44 g a i W N O O c1 .3 tf3 N ina 0 O P; 44 .0 q O r4 cd ,fid V co 0 to tUy 4) to P6 0 r4 Q�l '13 co 0) -.moi M O V4 r 4 Q rq d y, A w �p -A 04 C a � N Pa cn 1�-c tll 41 cq -ri •• 10 0 0 Noveaher G, 197') Rice Creek Developers 1052 Osborne road r-ridley, Yinn. 55432 Attention. Roger Larson Tse,. reeds for Certain rroperties to the f itv of Fridley as e'er Agreement Tv3tecl "eptemher 3'0. 1964 (ZOA W-13) Pear 7`4r• Lc1rsont T 1-me repeatedly ,miked you, over the last year, to sunpIv the city the executed cle'eds for t1}e dedication of the property as per the agreement which was madA in consislera.tiou of the rFzoninC , described as folImTs: 11 /7 ?,e East 3/4 of the NI, 1/4 of the Nr 1/4 of 3ectien 13, T-30, t-24, City of rIrldley, County Of Ana-a, State of MlillnesoM To date we have not received *-be*se e ecute6 d.ocur�m-nts. �3cisalri. you please see that ti-as is ;;tone immiediFtelr. ether—ise, we will have to Aq'., the €"ity Attorney to advise gas o{ t"-le 12�, 1 sterns the C3_ty fan take to either require these dec icatic?n.s or v4T{�i. the agreement betk-me. the two n�yrties anti the action of the rezoning, of the rroperty.. Yours very tru y P.� r E. City rngineer-Plirector of Flanniri ?Q;oh CC: Leonard Jester. City Attorney ,T,--mes Wien sch November 19, 1970 City of Fridley 6431 University Ave. N.E. Fridley, Minnesota, 55421 Attention: Nasim M. Qureshi Re : Deeds for Certain Properties to the City of Fridley as per agreement dated Sept . 1969 (ZOA #6$-1-1Y Dear Mr. Qureshi: Mr. James Wiensch will be in the cities December 7, 1970 and the above matter will be taken care of by December 15, 1970. If there are any further questions please call. Thank you; Rice Creek Developers 1052 Osborne Rd. N.E. Fridley, Minnesota 55432 December 14, 1970 City of Fridley 6431 University Ave. N. E. Fridley, Minnesota 55421 Attention: Nasim M. Qureshi RE: Deeds for certain properties to the city of Fridley as per agreement dated Sept. 1969 (ZOA #6$-13 )-' Dear Mr. Qureshi: Due to the money situatiop, we have not been able to find financing for this project todate, but it does look like after the first of the year it may be possible. We are buying this property on a Contract for Deed and we are not able to give the city a deed to said parcel of land until we start project. We agree to dee the parcel of land to the city, as per agreement, as soon as possible. Thank you; Roger W. Larson. CC : City Countil Virgil derrick, City Attorney January 28, 1 71 6279 Univursity Avenue N.L. Fridley, 'linnesota �i4S2 ijeeds for Cortair, Properties to the City of Fridley as Per Agree�aertt i.ate d 5eptewbar 30 , 1969 (201"1 #68-13) ocur Virg . Tile City executed vie attached agreciiient with the property owner w4ic1i covered that as part of tine rezoniag of ttie proporty, the property owner would deuicate certain properties , right of ways and ease eats to- the pity of Fridlay. T'he City Council lias hold tl,,o first and second readings of tine ordinance . We are witiiflolding the publication of tho ordinance subject to �;ettia4 these executed deeJs . juring tail time i,arl ilipp, the property owner, has diou and tile property, Uil-derstan4j, is now in estate. I have repoatedly contacted J.ice Lreek developers , w.4o are buying this proporty on a coutract for deed , to 4et theso deeds to the iLity so teat we cart get trio publication of vie ordinance con.pletea. I also talked to Williazii L. i�ox, attorney for ice s,reax Dev;Aopers, and indicated to hir-, tRat we do 1rave tkiis executeu agreement and this should help us in getting the deed rolease,i from the estate. Would you please work with tae attorney, William t. FOA , and see ii we can Oct the executed deeds so that we can publisia tae reazoning. ordinance. If you foul tkiat t1l,tese doods cannot e received froru the proper people t4en pl_,ase advise w1riat recom- rendations shoultl be made to the %Aty %.ouncil for furtrier appropriate action. If you have any questions , please contact ne. Yours very truly, cc. Rice ireek Jovel. William L. Fox Jar)'es 4iicasch .,Iarvin zruasell City Lngineer-Director of Planning A PHILLIP J. MAGUIRE ATTORNEY AT LAW 1521 SELBY AVENUE (t BLOCK EAST OF SNELLING) ST. PAUL, MINNESOTA 55104 OFFICE 646-0795 RESIDENCE 699-2286 February 17, 1971 Mr . William Fox Attorney at Law 860 Northwestern Bank Building ` Minneapolis , Minnesota 55402 In re : Your Clients - Wiensch, Larson and Wehlast Dear D.i.i l: With respect to your letter of February 15, 1971, I would suggest the following description of a Quit Claim Deed that could be furnished by the Estate or Carl Hipp along with a certified copy of the Will affording authority to the Ex- ecutor. This Probate Deed would describe the following three parcels : Anoka County, 14i.nn. 1. The South 687 Feet of the East 3/4 of the North- east 1/4 of the Northeast 1/4 of Section 13 , Township 30, .. Range 24. 2. The Easterly 40 Feet of the East 3/4 of the Northeast 1/4 of the Northeast 1/4, excepting the South 687 GC Feet thereof in Section 13 , Township 30, Range 24 to be used for public road purposes . 3 . The Westerly 33 Feet of the East 3/4 of the Northeast Quarter of the Northeast Quarter , excepting the South 687 Feet thereof in Section 1.3 ; Township 30; Range 24 to be used for public road purposes . (The aforesaid conveyance to be subject to any outstanding easements or conveyances of record, if any. ) February 24, 3971 Fe,iobal Roucing, Ac'n:nictr-^tio a 11.r� um—. Ais, 11innm=,a IRS:?: R.iCo Crcok M3v Aororj- Gen v?c=,, n islc ,:;s' is vrittcn in rry capacity as City Attornay for tho City of Fzld2cp, Iiirxz=cta. % Ia:aRv boon ack d by Rico C-rcjIti Dz 3op.:ro _to EtalUe tF:d .r.,00itic'n of the City of rridloy grog a.ding corta.i a within -:.ho City. C:a -0, 1x'39 the City of Fridley cater. d: into an egracl-Ont Tdth C=17 R ;ap f--,e err=or of prop=ty dercribcd as the F' 3/4 of the F1r* Of t :3 =% of 5c:tion 13, Town-chip 39, Range 24. €e C4?t' egreod to aozone this property from RI sin,rle family to R3 P 'Is rTo rcu Clc,n-j.,r'.1 up-m P'r. Pipp's convot?�°rag to tF,9 Cite) a port C:f' 4e prc!7z-r,y for city Park par-posos and eddItion l peri:lc a .for u-,,d right-of-my purposes. The CR::j Council h,5 approved the rown.ing suhlcct to rocci t- of the n=c :q C-,-cd and casc: mt:s rc rdi ag the prop y for park and ��vCP ax.r p:.rg sas. rt is my undo?z tmn",Uny that prior to tlr. Hipp. Is 6=cth t::at: lac convcy3 -r1 this propor y to Rica C.rcck Dovelopcers. Tho C#y io %._..:By to f-Inal.ire this rezoning as scon as it- receives the .S.inccarc 'y, Virgil C. Herr.i do City Actor nc i City of Fridley V H:ct APPROVED CONTRACTORS, INC. 1052 OSBORNE ROAD N. E. FRIDLEY, MINNESOTA 55432 786 - 3680 February 25, 1971 Mr. Virgil C. Herrick, City Attorney City of Fridley Weaver, Talle & Herrick 6279 University Avenue N.E. Fridley, Minnesota 55432 RE: Rice Creek Developers Dear Mr. Herrick: This is in reference to your letter of February 24, 1971 to the Federal Housing Administration regarding the rezoning to R-3 multiple residential of property described as the E. 3/4 of the N.E. 4 of the N.E. 4 of Section 13, Township 30, Range 24. Rice Creek Developers agrees to convey to the City of Fridley the portion of the land and dedicate the easement required to obtain R-3 zoning. A description of the land to be conveyed and the easement is contained in the agreement between the City of Fridley and Carl Hipp dated September 30, 1969. Very truly yours, Roger�W. Larson, Partner Rice Creek Developers sac CC: Gerald B. Pautz Eberhardt Company r r LAW OFFICES WEAVER, TALLE 8, HERRICK 316 EAST MAIN STREET ANOKA, MINNESOTA 55303 CHARLES R.WEAVER 421-5413 HERMAN L.TALLE VIRGIL C.HERRICK 6279 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 ROBERT MUNNS 560-3850 JAMES D.GIBBS FREDERICK W.KEISER,JR. FIRST STATE BANK BUILDING PATRICK J. ROCHE,JR, March 9, 1971 COON RAPIDS,MINN.55433 755-1330 Mr. Nasim Qureshi City Engineer Fridley City Hall 6431 University Avenue Northeast Fridley, Minnesota 55432 Dear Mr. Qureshi: Enclosed please find a letter I received from Approved Contractors, Inc. Would you please put this in the Rice Creek Developers file. Thank you very much. Sincerely, VCH:jjh Virgil C. Herrick Enclosure City Att rney t • THOMAS VENNUM WILLIAM C.MORTENSEN . L I N D Q U I S T & VENN U M LEONARD E.LINDQUIST LEW SCHWARTZ NORMAN L.NEWHALL JOHN H.STROTHMAN LAU RESS V.ACKMAN DAVID G. NEWHALL GERALD E.MAGNUSON DENN15 M.MATHISEN ED W ARD M.GLENNON LERO Y A.COLLIGAN • 860 NORTHWESTERN BANK BUILDING ROBERT J.SHERAN KURTIS A.GREENLEY MELVIN I.ORENSTEIN ROBERT V.ATMORE EUGENE H.KEATINGDAVID E.KRAUSE JAMES R.MARTINEA U REYNOLDS B.THOMAS.JR. MINNEAPOLIS,MINNESOTA 55402 RICHARD J.FITZGERALD JOHN B.WINSTON PHILIP J.ORTHUN EDWARD R.GARVEY MACLAY R.HYDE DANIEL T,LINDSAY • TELEPHONE 612) 335-6651 JOHN A.FORREST MICHAEL E.MURPHY WILLIAM E.FOX THOMAS G,DEVINE JERROLD F. BERGFALK THOMAS H.GARRETT IlC WILLIAM T.DOLAN • CABLE ADDRESS: LINLAW April 16 , 1971 Mr. Virgil Herrick Fridley City Attorney 6279 University Ave. NE Fridley, Minnesota 55432 Re: Conveyance of land adjoining Rice Creek Dear Virg: Enclosed is a xerox copy of the first page of a letter to me from Phillip J. MaGuire setting forth certain legal descriptions in paragraphs 1 2 , and 3. These are the descriptions of the land which we have requested the estate of Carl Hipp to convey directly to the City of Fridley. If the legal descriptions are acceptable to you, please advise and we will secure the deeds as soon as possible. The estate is now in a position to make this conveyance on very short notice. I am sending a copy of this letter and Mr. MaGuire's letter to Mr. Qureshi, Fridley City Engineer. Yours very truly, " A • 2--� William E. Fox WEF:jk encl. cc: N. M. Qureshi 1 r i April 21, 1971 Virgil derrick City Attorney 6279 University Avenue N.E. Fridley, Minn. 55432 Re: Carl Hipp Easements Dear Virg: The three descriptions as written in a letter dated February 17, 1971 to kir. William Fox are correct/ However, there is a fourth one that describes a triangle in the Northwest corner of the parcel which should also be included. The enclosure indicates the proper description and location of this triangle. Yours very, Cnq�ly P.ARREL CLARK Engineering Assistant DC:ob Enc. CC: William Fox CARL HIPP: 1. The South 687 feet of the NE4 of the NEI,- except the W4 of Section 13, T-30, R-24 2. The East 40 feet of the NE4 of the NE,,- except the South 687 feet and except that part taken for railroad right of way of Section 13, T-30, R-24 3. The West 33 feet of the NE4 of the NEI-4 except the V4, except the South 687 feet and except the North 33 feet of Section 13: 4. Together with a triangle described as follows: Commencing at the NW corner of the NEI-4 of the NE-4 except the W4 of Section 132 T-302 R-24; thence East along the North line of said NEI-4 of the NEI-4 of Section 13 a distance of 33 feet as measured at right angles to said West line; thence South parallel to the West line of the said NE4 of the NE-4 except the West 14 a distance of 33 feet as measured at right angles to the North line of Section 13 to the actual point of beginning; thence continue South parallel to said West line a distance of 20 feet; thence deflect to the left 1350 along a line to a point that is located on the South line of the North 33 feet of said NE4 of the NE14 except the W4 of Section 13, thence West along the South line of the North 33 feet of said NE-4 of the NEI-4 except the W14 of Section 13, back to the point of beginning, there terminating. All located in Section 13, T-302 R-24, City of Fridley, County of Anoka, State of Minnesota. V`�L Lam►'✓.,`„�_L�n�� �--N.�`^"�'�-+�-�'�T .a ,...-�sals� 7.{.�f-___ _FJf�..•-..��dT••. .i�»-del r-_._. .y�j�- - - ---- - -- - AOAD - " +�----- .._ __..--- •----_.. - _.__._. - _—. _ i .ct �. .o. ZO 20 Vc JF / � .�- •v../ �� ��JJ C -_ - �L ODI \'` tet.:T '� t'• - =.i.. a J o .• s .�: ..-°, •`��F. ..��,� � �T it • �\ -_ 7C4`C� ',•�G f`° �'+ E�yh 1= .�". ° �;'p ,°)C*f...nl � .. • i9.2 33.7 GO r —. - �• ~. � - -- -- cam, - •1 a -� a J �. ._ y. �. F t July 16, 1971 Lindquist & Vennum 860 Northwestern Bank Building Minneapolis, Minn. 55402 Attention: William E. Fox Re: Carl Hipp Easements Dear Mr. Fox: The legal descriptions contained in the enclosure of your letter of July 2, 1971 are correct and can be executed as described therein. -Yours ve r DARREL CLARK Engineering Assistant DC:ob CC: Virgil Herrick, City Attorney v� w THOMAS VENNUM WILLIAM C.MORTENSEN . L I N D Q U I S T & V E N N U M LEONARD E.UNDO UIST LEW SCHWARTZ NORMAN L.NEWHALL JOHN H.STROTHMAN LAU RESS V.ACKMAN DAVID G. NEWHALL GERALD E.MAGNUSON DENNIS M,MATHISEN EDWARD M.GLENNON LERO Y A.COLLIGAN 860 NORTHWESTERN BANK BUILDING ROBERT J. SHERAN KURTIS A.GREENLEY MELVIN I,ORENSTEIN ROBERT V.ATMORE EUGENE H.KEATING DAVID E.KRAUSE • MINNEAPOLIS MINNESOTA 55402 JAMES R.MARTINEAU REYNOLDS B.THOMAS.JR. RICHARD J.FITZGERALD JOHN S.WINSTON PHILIP J.ORTHUN EDWARD R.GARVEY MACLAY R.HYDE DANIEL T.LINDSAY • TELEPHONE 612) 335-6651 JOHN A.FORREST MICHAEL E.MURPHY WILLIAM E.FOX THOMAS G.DEVINE JERROLD F.BERGFALK THOMAS H.GARRETT III WILLIAM T. DOLAN • CABLE ADDRESS: LINLAW July 2, 1971 Mr. Darrell Clark Engineering Assistant City of Fridley 6431 University Ave . NE Minneapolis , Minnesota 55421 Re: Carl Hipp easements Dear Mr. Clark: On April 21, 1971, you wrote to Virgil Herrick, Fridley City Attorney, setting forth four proposed legal descriptions three of which relate to easements and the fourth of which descriptions relates to a conveyance of fee title to certain land to the city. We have reviewed these legal descriptions and have revised them slightly only as to format. We believe that the legal descriptions contained in the enclosure describe exactly the same property shown in your letter but are simplified. Please review these descriptions and if they meet with your approval, the representative of the estate of Carl Hipp has indicated that we are ready to deliver the appropriate instruments . Yours very truly, NNIiII� . " William E. Fox WEF: jk cc: Mr. Virgil Herrick LEGAL DESCRIPTIONS FOR PARCELS AND EASEMENTS TO BE CONVEYED TO THE CITY OF FRIDLEY 1. The South 687 feet of the East 3/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13 , Township 30 , Range 24 , Anoka County, Minnesota. 2. An easement for street purposes over the Easterly 40 feet of the East 3/4 of the Northeast 1/4 of the Northeast 1/4 , excepting the South 687 feet thereof and further excepting that part thereof taken for railroad right-of-way in Section 13 , Township 30 , Range 24 , Anoka County, Minnesota. 3. An easement for street purposes over the Westerly 33 feet of the East 3/4 of the Northeast Quarter of the Northeast Quarter, excepting the South 687 feet and the North 33 feet thereof in Section 13 , Township 30 , Range 24 , Anoka County, Minnesota. 4. An easement for street purposes over the following described tract: Commencing at the Northwest corner of the East 3/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13 , Township 30 , Range 24 ; thence East along the North line of said Northeast 1/4 of the Northeast 1/4 of Section 13 a distance of 33 feet; thence South parallel to the West line of the said East 3/4 of the Northeast 1/4 of the Northeast 1/4 a distance of 33 feet to the actual point of beginning; thence continue South parallel to said West line a distance of 20 feet; thence deflect to the left 135° along a line to a point that is located on the South line of the North 33 feet of said East 3/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13 ; thence West to the point of beginning, Anoka County, Minnesota. 560-3450 idle ANOKA COUN rY 6431 UNIVERSITY AVENUE NE September 8, 1971 FRIDLEY, MINNESOTA 55421 i Roger Larson 1050 Osborne Road Fridley, Minnesota 55432 Dear Mr. Larson: Your request for Townhouse Development has completed the first step in our procedure, the preliminary plan. The next part of the procedure requests submission of additional information to complete the requirements of the final plan. Accompanying this letter is a copy of the section of our ordinance which includes the necessary information for you. However, at this point, we would like you to be aware of the • following information: 1. Since your. development is under a single ownership and you will be renting the units, no platting is required. 2. However, if at some future date, you would wish to sell individual units, platting would be required not only by us, but by other institutions involved in the sale. Therefore in order to eliminate any unnecessary hardship, a preliminary plat hearing can be held at the same time the Planning Commission reviews your final plan. A Council review of the final plat would then be accomplished much easier at a later date. In order to make things perfectly clear, we are not requesting you to plat, but are noting the advantage of accomplishing it now. If you have any questions please feel free to call our city offices . Yours truly, PETER J. HERLOFSKY Planning Assistant • PJH/DC/de ENC: Townhouse Development Section • PARKS CIN OF FRIDLEY TION 6431 University Avenue N.E. R EC RE A Fridley, Minnesota 55432 PAUL BROWN, 'Ditecxan Phone: 560-3450 X64 MEMORANDUM - --------- TO: Pete Herlofsky DATE: October 7, 1971 SUBJECT: Apartment Complex on 69th. FROM: Paul Brown Pete: Listed below are the recommendations of Ralph Volkman, Park Foreman, and myself as Director of the Parks and Recreation Department, to Roger Larson, Sponsor of the 140 unit town house project which is being erected • on 69th: PROPERTY PROVIDED FOR PARK PURPOSES: 1. Provide an easement for motorized vehicles to gain access to the park property. 2. Provide ample parking space in the park proper. 3. Permission to add onto the existing roads, on both the East and West ends . PLAYGROUND EQUIPMENT CHANGES RECOMMENDED: 1 . Eliminate the teeter-totter. We feel they are too dangerous. We suggest the substitution of four (4) "Gametime" Saddlemates . 2. We recommend the purchase of "Gametime" slides. They have been tested and prove to be more durable. 3. One of the larger slides should be substituted for a Tot Slide, made by "Miracle Company" of Iowa. 4. One of the larger swings should be substituted for a Tot Swing, made by "Miracle Company" of Iowa. • /��f/�tJ� 1 LC1c(�j" ,L� espe tfully submitted, ;."PAUL BROWN, D rector PB:cs Parks $ Recreation Department r 1 MUMO T0: Gerald R. Davis , City Manager ME11O FROM: hasim 4. Qureshi, City Engineer MEMO DATE: November 10 , 1971 _-MLMO NUIMBER: CM #71-19 RE: Federal Programs 221 (d) (4) 207 - Roger Larson Townhouse Development The two programs noted are simply FHA insured loan programs . They are similar to any application for a home loan by any individual. Program 221 (d) (4) is set up for moderate income families . This is reflected in the mortgage limitations for the individual units , but there are no restrictions or rules governing who can rent. This would be controlled only by the ariomt that an individual renter can afford to pay. Program 207 is simply mortgage insurance for rental housing. While discussing these programs uitii the local FIM office, it was pointed out to me that the apartment complexes of Georgetown Court and Five Sands have been financed using these progra=ms . The reason Federal mortgage insurance programs are needed, is th4t in the State of Minnesota the usuary rate is 8o and private developers cannot get conventional loans below this rate at this time. In these two programs the maxinurl interest is 7% with an additional 1/21's for the mortgage insurance premium. Attached to this mer;,o for your review are the following items : r 1. 1970 Census Data showing existing price ranges of owner- occupied and renter-occupied units . 2. 221 (d) (4) inforwation sheets . 3. 207 information sheets . NASIM M. (,URLSHI , F.E. `^ City Engineer-Director of Planning NQ/PJ11/nj f December 2, 1971 Reese/Rova Associates 5350 West 78th Street Minneapolis, Minnesota 55435 Attention: Frank L. Reese Re: Project #7138 141-Townhouse Project Fridley, Minnesota Dear Mr. Reese: I am returning one print showing the house number- ing on the above project. _"Yo rslvery rL; DARREL CLARK Engineering Assistant DC:ob Enc. TRANSMITTAL Date November 22, 1971 To Mr. Darrel Clark, Asst. Engineer City of Fridley 6431 University Avenue N .E . Fridley, Minnesota 55432 Project #7138 141-Townhouse Project Fridley, Minnesota Gentlemen: We are sending you herewith X ; under separate cover No. of Description Sheet Action Copies of Item of Set Dated Requested 2 prints Site Dimension Plan A2 General Remarks: Please return one print to us showing the house numbering. Thank you. Sincerely yours, 6* - REESE/RQf1A ASSOCIATES Frank L. Reese - iy 5350 West 78th Street Minneapolis, Minnesota 55435 Telephone: 941-4313 STATE OF MINNESOTA ) COUNTY OF ANOKA ) PETITION FOR APPROV AL OF PLAT CITY OF FRIDLEY ) i Richard Miller Homes petitions the City of Fridley as fo1ws : 1 That Petitioner HUMUS , Tar. . h officeS­' at — 3t-er ' Minnesota 552 . That the Petition r is the developer and Contract of Deed Holder of Lots 1, 2 , and 3 , Block. 3 and Outlots 1 and 2 , Cochran' s Addition, and now being divided into a proposed plat known as Briardale , approximately 12 . 8 acres of land substantially a5 shown on the attached Exhibit "A", heteinafter called the Development. That the applicant hereby petitions for the approval of the Development Plat. WHEREAS, the Petitioner proposed to develop for residential purposes the Development by either sale of individual lot or lots only or sale of individual lots and homes ; and WHEREAS, the City must approve the Development and is responsible for the design and construction of public utilities and roads within its boundaries ; and r WHEREAS, the City and the Petitioner intend that the development take place in an orderly and predetermined manner ; NOW, THEREFORE., the petitioner agrees as follows , that : 1. The complete roadway grades and lot grades for the entire Development will be submitted to the City Engineer for approval . 2. The sanitary sewer system for the Development will be designed such that the manhole located at Rice Creek Road and Benjamin Street will -determine the exit point for the Development' s sanitary sewer system. 3. The Lots 13 , 14 , 15 , 16 , and 17 , Block 3 of the Development , will be used as a retention basin for storm water until such time as a storm sewer outlet for the Development is built .' 4. f :�-�rsw--a .r 3 . 0�J per ?0 �s ' L;: -- €e f((1�r, tt3e :. . * ~ �, -CIL lot gill be vii (s permit �. _.,' 1 ' to cover, i i.ltIL1,0 lbuilaino � �.��_.,�. poi• log storm sewer iriprovernents , I.,-ith anvllim�roverients ;rale 01 eft �;a fir-:r,:�o..ai+.w.�es;3" .e�'a-�sma.e•�'�..y--�+J,.�n.. '' 'x within the Develo ment� credited�to the d ' s p t S. The Petitioner agrees that the conditions of this petition are to run with the property and be made binding upon all future owners of said Development and pursuant thereto . - urc 1 s - Ric and Miller - w 1 Dated: July 1971 - STATE OF MINNESOTASS � - COUNTY OF ANOKA On this day of 41971 , before me , a Notary Public within and for said County, personally appeared Richard Miller , to- me personally known, who .i_ , by me duly sworn he did say that he is the -si dent _ named in the foregoing instrument , A that the �.�aL i)Q d t n� C+r�"�•�-r----rrr� au and he acknowledged said instrument ti qree act and deed * i • j Notary Public i December 22, 1971 Virgil C. Herrick City Attorney 6279 University Avenue N.E. Fridley, t1inn. 55432 Subject: Filing of the Deed for City Property Dear Virg: When we tried to file the attached deed at Anoka County for land needed by the City from the Carl Kipp property on 69th Avenue near Stinson Boulevard, the County indicated that some back taxes are to be paid on this property and also there is a contract filed at the County for the same property. Would you please contact the present lawyer for the property and ask him to get the taxes paid and also to resolve the contract problem so that these documents can be filed in Anoka County. Please advise when you have the resolution to the problem. If you have any questions, please contact me. Yours very truly_ NASIM M. QURESHI, P.E. City Engineer-Director of Planning? NMQ:ob Enc. 1 rE . L e THOMAS VENNUM WILLIAM C. ENSEN . L J N D Q U I S T & V E N N U M - LEONARD E.LIN DOUIST LEW SCHWARTZ WART2 NORMAN L.NEWHALL JOHN H.STROTHMAN LAURESS V.ACKMAN DAVID G.NEWHALL GERALD E.MAGNUSON DENNIS M.MATHISEN EDWARD M•GLENNON KURTIS A.GREENLEY • 860 NORTHWESTERN BANK BUILDING .. ROBERT J.SHERAN ROBERT V.ATMORE MELVIN I.ORENSTEIN DAVID E.KRAUSE EUGENE H.KEATING REYNOLDS B.THOMAS,JR. • MINNEAPOLIS, MINNESOTA 55402 JAMES P.MARTINEAU JOHN B.WINSTON RICHARD J.FITZGERALD EDWARD R.GARVEY PHILIP J.ORTHUN DANIEL T.LINDSAY MAC LAY R.HYDE MICHAEL E.MURPHY • TELEPHONE (612) 335-6651 JOHN A.FORREST LAURANCE R.WALDOCH WILLIAM E.FOX THOMAS G.DEVINE 9ERROLD F.BERGFALK THOMAS H.GARRETT III WILLIAM T.DOLAN • GABLE ADDRESS: LINLAW February 3, 1972 Mr. James D. Gibbs Weaver, Talle & Herrick 6279 University Avenue N. E. Fridley, Minnesota 55432 RE: Carl Hipp Easements Dear Mr. Gibbs: This is to advise you that a closing; is scheduled for Thursday, February 3, 1972, with reference to financing the proposed townhouse development of the Carl Hipp property. At the time of the closing, moneys will be disbursed to Anoka County to pay in full all current and delinquent real estate taxes presently outstanding against the property. In addition, a Quit Claim Dead will be offered for record to eliminate the interests of the vendees under the recorded Contract for Deed rioted in Mr. Qureshi's letter of December 22, 1971. I would therefore suggest that the city arrange to record its Deed from the Carl Hipp estate sometime during the week of February 7, 1972. Perhaps it would be best to check with Anoka County to make certain that the tax payments and Quit Claim Deed have been properly processed so that the city can record its Deed. Let me know if you have any further questions regarding this matter. Very truly yours, William E. Fox WEF/gs bcc: Mr. Nasim M. Qureshi 1 P A R S CITY OF FRIDLEY 6431 University Avenue N.E. R EC T Fridley, Minnesota 55432 PAUL BROWN, •Ditec tan Phone: 560-3450 X64 MEMORANDUM TO: Roger Larson DATE: April 7, 1972 Julian Johnson SUBJECT: Rice Creek Dev, FROM: Paul Brown., Director Gentlemen, We are requesting your cooperation in respect to wood timbers and branches that have been assembled on the site of the Rice Creek Dev. It has come to our attention that these wood products have been piled in the SW corner of your project. The City oa Fridley Fishes to inform you that it is our desire to see that these timbers and branches are not buried on the site or on the park section of this project. Your cooperation is most appreciated. espec ully requests PB BROY149 're ct cc: Building Inspector Engineering Dept. Planning Commission Meeting - May 11, 1967 Page 5 A young boy said the boys couldn't play ball in their yards because the yards are too close. Mrs. Hapka said he was opposed for the reason that if it would go straight through, it would be hard on the children. Chairman Hughes said it would be unfair to allow a meeting to close without allowing both sides to speak. At the moment, he felt we have additional information concerning the feelings of the people in the area which will help us. We are still lacking some things in relation of the streets to the rest of the City. It is the purpose of this Commission to be respon- sive to the Citizens in a particular area, but also it is the purpose to be responsive to the needs of the City as a whole. Any deliberation will be taking into account both of these responsi- bilities which will be a safe and useful access to the area for the people who live there and do business there. I believe that we have probably heard all of the opinions that are expressed here this evening. Thank you for coming and we do appreciate your interest, as it is our purpose to determine your feelings on the problem. 2. DISCUSSION: PROPERTY BEING THE NEw OF THE NE-14 OF SECTION 13, CARL HIPP: Present with Mr. Hipp was Robert McCready, 552 10th Avenue N.W., New Brighton and Mr. Roman Panek, 510 13th Avenue N.W., New Brighton. Mr. Hipp said that when he purchased the property it was zoned commer- cial but that disappeared. He was told that in 1955, the City was officially zoned and the change could have happened then. Mr. Hipp said they would like the opinion of the Planning Commission on the type of zoning they should ask for and they felt if there would be too much opposition, it would not be feasible for them to develop the land. Chairman Hughes said that 1) rezoning of the area would make it useful for multiple dwellings and 2) platting of the area in lots suitable in size. Member Erickson stated he was going to withdraw from participating in this item because of a personal interest. Mr. Hipp was informed that if he undertakes to use this land for a motel type of purpose, it would be necessary to rezone to one of several types of zoning. Planned Development District offers an opportunity to develop a large tract of land in a manner which would get across the more formal zoning category and the City asks approval of the plan before the construction takes place. It was noted that in the last 12 or 2 years on rezonings from R-1 to multiple, we have not used R-3 only R-3A. Chairman Hughes stated the Planning Commission was not ready to offer a definite opinion. Before coming to a decision, there is the possibility that there is going to be some type of watershed development in that area which could affect his decision, and there might be some major watershed development concerning the whole Rice Creek area. Planning Commission Meeting - May 11,_ 1967 Page Member Myhra asked Mr. Hipp if he were thinking in terms of recreation for the South part of the land by the Creek. Mr. Hipp said they hadn't decided whether it would be private or public. Member Erickson said to Mr. Hipp that he should be sure to have all the property owners involved on the application and also have them sign the request. Mr. Hipp asked for rezoning application. 3. DEDICATION OF ARTHUR STREET WITH REFERENCE TO GARDNER'S PLAT (P.S. #66-01): Mr. S. E. Templin was present and stated the preliminary plat had been approved with an exception of a dedication for road purposes, and now he has the dedication and hopes to be able to go ahead with the plat. Referring to that part of the agreement which states if the City desires to move the present buildings within the projected right of way during the next five years, they will be moved at the City's expense, after that at the petitioners' . Member Erickson said the cost of moving the house could be exorbitant in five years. The rate of growth we have seen in other parts of Fridley, from all expectations, they were very slim, and then suddenly the whole area was built up. He felt three years would be more practical. MOTION by Erickson, seconded by Myhra, that the Planning Commission recommends approval of the proposed subdivision of Gardner's Plat (P.S. #66-01) subject to the following: Lots 7 thru 18 be platted as Outlot 1, and the receipt of an agreement from the fee owners (Ernest Gardner and Willard Gardner) acceptable to the City that when the City wishes to improve the street and remove the buildings prior to July 1, 1970 onto property to S.E. corner of Arthur Street and Mississippi Street, that it will do so at its own expense. It is further understood that the property in the Southeast corner of Arthur Street and Mississippi Street be made part of the proposed subdivision and be given a lot number. Upon a voice vote, all voting aye, with the exception of Member Jensen who abstained in the matter because of an interest in the plat by Suburban Engineering Company, Inc., the motion carried unanimously. 4. REZONING REQUEST: ZOA #67-07, REES, THOMSON, SCROGGINS, INC. : Part of Lots 17 and 18, Auditor's Subdivision #78. Mr. Scroggins, Jr. and Mr. M. Filister were present. Mr. Scroggins explained his company are the agents for Franklin Manu- facturing Company, a subsidiary of Studebaker. They were under the impres- sion the entire property was rezoned for multiple purposes, but there is a strip of land between R-3 and the River which is zoned R-1. The land immediately to the North is zoned R-3 directly through to the river. Stude- baker wishes to sell the land but it is hard to plan as long as part of it is useless as far as R-1 is concerned and makes it kind of awkward zoning as is, and requests a public hearing for the next meeting. r Planning Commission Meeting - December 12, 1968 Page 2 A citizen asked if anyone who continually came to the Planning Commission meetings and signed in, would be notified of the meetings. The public meetings would be published in the Fridley Sun and the notices also would be mailed to the adjacent property owners. Mr. Dumphy said about three years of good work has gone into this PD plan. Basically, the plan developed here is apparently a good job and he could see no real objection. It is a good area for this type of development. He felt the objections could be overcome and worked out with the people. MOTION by Mittelstadt, seconded by Jensen, that the Planning Commission table indefinitely until another public hearing would be called for approval of a plan by Howard Dumphy, for the PD rezoning (ZOA #68-10 and #68-10A). Upon a voice vote, all voting aye, the motion carried unanimously. 2. POSSIBLE PD DEVELOPMENT: PARCEL #10 AND PARCEL #200: HAMMERLUND INTERPRISES, INC., CLARENCE D. NORDSTROM, AGENT: Mr. Clarence D. Nordstrom and Mr. A. T. Hammerlund were present. Mr. Nordstrom asked to present his proposed plan which they hope to call Rice Creek Park. The property is on County Road H, North of Rice Creek and abutting Stinson Boulevard on the East composing 29 2/3 acres. About 14 acres are not true buildable sites and this they will either deed to the City of Fridley for the sum of $1.00 for park or will use it for a private park. Mr. Nordstrom said he would like the Planning Commission to look over the plans, and would not expect a decision, and then they will make an application for rezoning. The Planning Commission thought the plan was of one use, there- fore his petition for rezoning should be for multiple dwellings. Mr. Nordstrom left one set of plans with Darrel Clark and made arrangements with him to begin processing the rezoning. 3. PROPOSED DEVELOPMENT OF W,07 SECTION 24 BY P&iIOM, INC., EDMUND CONTOSKI: Mr. Edmund Contoski, Mr. Robert Engstrom and Mr. James Hill represented Pemtom, Inc. Mr. Engstrom asked if they were in the same category as Mr. Nordstrom as they had wished to present their proposed plan for the development of the SEk of Section 24 and get the reaction of the Planning Commission. A discussion followed concerning the traffic pattern through the area using Silver Lake Road for the main collector street. Mr. Engstrom said he understood another request for PD was requested and asked the opinion of the people to the West. Their proposed plan calls for single family residences abutting the houses on Regis Trail. As part of this plan would go over into New Brighton, the City Engineer asked if they knew if there was a possibility of using some of the facilities of New Brighton for sewer. There was no action, but the petitioners were going to study the PD Ordinance and return with an application. Planning Commission Meeting - January 8, 1969 Page 10 and found the City had pulled it off the market last March. Of course I can see, he said, why you didn't want to release it now, but maybe that is in my favor, too. I own Lots 20 and 29. At the time of buying I have no purpose Outside of cleaning it up, level it down as it is higher than my property and the children play on it. I would keep it clean and control it and add it to my yard. I have only a single garage added onto my house and I would like possibly to put a garage on the lot. The Chairman asked him if, in the light of this, he would object if the Planning Commission tabled his request for a couple of months. Mr. Strand answered that he had no objections but would like to go on record to have the first opportunity to buy it after the study, as he believed he could utilize the land better than anybody. Mr. Strand was informed that by following the progress of the study, he will know when the appropriate time is to open his request, probably when the Planning Commission forwards its recommendation to Council. MOTION by Jensen, seconded by Mittelstadt, that the Planning Commission table the item of a request for the release of Lot 30, Block 11, Hyde Park Addition by Kenneth R. Strand. Upon a voice vote, all voting aye, the motion carried unanimously. 3, REZONING REQUEST: ZOA #68-13, HANMERLUND ENTERPRISES, INC. : Parcel 10 and 200 (North 903 feet of E. 3/4 of NE2 of NE-2 of Section 13). Rezone from R-1 to R-3A. Reaffirm public hearing date of January 23, 1969. Mr. Jensen said that this property adjoins New Brighton and wondered if we should ask the administration to respond with at least some data as to the zoning across the City boundary. (A public hearing notice was mailed to the City Clerk of New Brighton but was not asked for a response.) MOTION by Mittelstadt, seconded by Myhra, that the Planning Commission reschedule the public hearing of the rezoning request ZOA #68-13, Hammerlund Enterprises, Inc. of Parcel 10 and 200 to rezone from R-1 to R-3A to January 30, 1969 due to the inability to get a quorum on January 23, 1969 and direct the administration to re-advertise and send corrected notices to the Fridley Sun and to the general public. Upon a voice vote, all voting aye, the motion carried unanimously. 4. REZONING REQUEST: ZOA #69-01. PEMTOM, INC. : That part of SEk of Section 24 that lies North of State Highway #100 right of way. To rezone from R-1 to P.D. Reaffirm public hearing date of January 23, 1969. MOTION by Mittelstadt, seconded by Myhra, that the Planning Commission reschedule the public hearing of the rezoning request ZOA #69-01, Pemtom, Inc. of that part of the SEk of Section 24 that lies North of State Highway #100 right of way, to rezone from R-1 to PD to January 30, 1969 due to the inability to get a quorum on January 23, 1969 and direct the administration to re-advertise and send corrected notices to the Fridley Sun and to the general public. Upon a voice vote, all voting aye, the motion carried unanimously. REGULAR COUNCIL MEETING OF JANUARY 20, 1969 PAGE 21 MOTION by Councilman Harris to approve payment of the estimates. Seconded by Councilman Liebl . Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl asked if the estimate for Dunkley Surfacing was a final estimate. The City Engineer said no. COMMUNICATIONS• A. INDEPENDENT SCHOOL DISTRICT #14: RESOLUTION REQUESTING SIDEWALKS AND CROSSING SIGNAL MOTION by Councilman Harris to receive the communication from School District #14 dated January 16, 1969. Seconded .by Council- man Liebl . Councilman Liebl said that he would like to have the Administration find out the costs of putting in a sidewalk on the east side of East River Road. The City Engineer said that there was not enough right of way on East River Road for sidewalks and it would make it extremely dangerous for children to walk along this street. He showed an alternate proposal that he said that he would like to propose to the School District #$14 showing the walk-way dawn Riverview Terrace. Councilman suggested condemning some land on 61st Avenue 100 ' further south, then signalize the intersection. The City Engineer said that the signals will have to be complete semephores, rather than flashing signals. The City Engineer pointed out that along Riverview Terrace the City already has most of the necessary right of way, the south portion would be just a walk-way. The City Engineer said that this will have to be discussed with the School Board, and that he did not think that enough right of way could be obtained without condemning some homes on East River Road. Mr. Richard Harris asked if there would be sidewalks put in in the south portion of Riverview Terrace. The City Engineer said no, that easements would have to be obtained, then it would be just a walk-way. He said that he felt that this is the most reasonable and safest way. The Council was in agreement with the City Engineer 's proposal . THE VOTE upon the motion to receive the letter was a voice vote, all voting aye, Mayor Kirkham declared the motion carried sly. B. HOPEWOOD HI , INC. : REGARDING REZONING REQUEST MOTION by Councilman Harris to receive the communication from REGULAR COUNCIL MEETING OF JANUARY 20, 1969 PAGE 22 Hopewood Hills, Inc. dated January 13, 1969. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. C. GREAT NORTHERN RAILWAY: UTILITIES IMPROVEMENT IN TRACTS SOUTH OF I. 694 MOTION by Councilman Liebl to receive the communication from Great Northern Railway Company dated January 9, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. D. CIVIL DEFENSE: CERTIFICATION OF DIRECTOR MOTION by Councilman Harris to receive the communication from the State of Minnesota, Department of Civil Defense dated Janu- ary 3 , 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unamiously. E. LEE WALTER: OPPOSITION TO STORM SEWER PROJECT #80 MOTION by Councilman Liebl to receive the communication from Lee Walter, 6361 Quincy Street N.E. dated January 14, 1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. F. PENNSYLVANIA OIL: OPPOSING IMPROVEMENT OF T.H. #65 WEST SERVICE ROAD MOTION by Councilman Sheridan to receive the communication from Pennsylvania Oil Company dated January 15, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. G. HUMAN. RELATIONS COMMITTEE: RECOGNITION OF HANS P. MEYERHOFF• MOTION by Councilman Harris to receive the communication from the Fridley Human Relations Committee dated January 17, 1969 and authorize preparation of a Certificate of Achievement. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. H. MEMORANDUM FROM CITY ATTORNEY: STORM SEWER DRAINAGE - SPRING LAKE PARK The City Attorney said that he would like some direction from the Council on whether they wish him to try further negotiations REGULAR COUNCIL MEETING OF JANUARY 20, 1969 PAGE 23 or commence with the necessary legal action. Councilman Sheridan said that he felt that they ought to let him get started with the I legal proceedings. I MOTION by Councilman Liebl to follow the recommendation of the City Attorney and start legal proceedings against Spring Lake Park to force them to recognize their obligations, and to receive the memorandum from the City Attorney dated January 20, i 1969. Seconded by Councilman Sheridan. Upon a voice vote, all Ivoting aye, Mayor Kirkham declared the motion carried unanimously. CITY ENGINEER: Councilman Sheridan said that he felt that the City Engineer should be awarded for the outstanding contributions he has made in the many facets of the industrial development of the City; also for his work with the Planning Commission and Chamber of Commerce. He pointed out that many people come to his office to get assistance and he would like to suggest that the Adminis- tration prepare an appropriate award for Nasim Qureshi showing the Council 's appreciation for all the work he has done, especially in the last few years of rapid industrial growth. MOTION by Councilman Harris to concur with Councilman Sheridan' s suggestion. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADJOURNMENT: There being no further business, Mayor Kirkham declared the Regular Council Meeting of January 20, 1969 adjourned at 11:40 P.M. R pectfully submitted, el Mercer Jack O. Kirkham Secretary to the City Council Mayor Plats & Subs.-Str. & Util. Mtg. - January 16, 1969 Page 3 2. STREET STUDY: PROPOSED VACATION OF 732 AVENUE (Project St. 1969-3) The Subcommittee recalled that this was the case where the City wanted additional right of way for 73rd Avenue state aid route and Council won- dered if the could vacate 732 Avenue perhaps the Cit could trade the Y � Y vacated portion of 732 Avenue for the new right of way for 73rd Avenue. The Subcommittee, while looking at a drawing indicating ownership and zoning, discussed the various land trades and possible ways of property development with 732 Avenue vacated and a service drive along Highway #65. It was decided that the City should not initiate the vacation at this time because of the land trading process it would start. A drawing was studied and on it was indicated how the area could develop without the use of 732 Avenue as an access. MOTION by Batterson, seconded by Nagel, that the City not initiate the vacation of 732 Avenue; however, indicated to Planning Commission that if the narrow strip (140 ft. wide) North of Central View were combined with Block 1, Central View Manor, two building sites could be created, one a 5 acre commercial site with access to a service drive along Highway #65, the other a 5 acre industrial site with access to Central Avenue , and that all of Block 2 could develop with frontage along proposed 73rd Avenue; that the Planning Commission, while considering the possible condemnation of 73rd right of way, also consider the possibility of encouraging the dedication for a service drive along the East side of Highway #65 between 73rd Avenue and Fireside Drive. Upon a voice vote, all voting aye, the -� motion carried unanimously. 3/ PROPOSED STREET PATTERN: Section 2, 3, part of 10 and 11. While studying a map of this area, the Subcommittee discussed the development of this area. It was decided that one cannot really predict the size of industrial sites and we should not dictate this by adopting a street pattern for an industrial area. With the Bob's Produce rezoning and development South of 79th Avenue, they reduced the study to this area. MOTION by Nagel, seconded by Batter_son_, that the Subcommittee recommend that the Planning Commission consider the alignment of Main Street from from 79th Avenue South to 77th Avenue, thence defect to the East and connect to Osborne Road oppositc' Commerce Lane. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT: There being no further business, Chairman Jensen adjourned the meeting at 9:15 P.M. Resp ctfu CZ itted U 7 D L CLARK Recording Secretary PLANNING COMMISSION MEETING JANUARY 30, 1969 PAGE 1 The meeting was called to order by Chairman Erickson at 7:35 P.M. ROLL CALL: Members Present: Myhra, Erickson, Mittelstadt, Jensen, Fitzpatrick Others Present: Engineering Assistant Darrel Clark, City Manager Homer R. Ankrum APPROVE PLANNING COMMISSION MINUTES: JANUARY 8, 1969: MOTION by Jensen, seconded by Myhra, that the Planning Commission Minutes of January 8, 1969 be approved. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL MINUTES: JANUARY 15, 1969: MOTION by Myhra, seconded by Mittelstadt, that the Planning Commission receive the Building Standards-Design Control Subcommittee minutes of January 15, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL MINUTES: JANUARY 22, 1969: MOTION by Myhra, seconded by Mittelstadt, that the Planning Commission receive the Building Standards-Design Control Subcommittee minutes of January 22, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOMMITTEE MINUTES: JANUARY 16, 1969: The following typographical correction was suggested by Mr. Jensen: Item 3 on page 3, the last sentence of the motion should read:"---- the alignment of Main Street from 79th Avenue South to 77th Avenue, should deflect to the East ---." MOTION by Mittelstadt, seconded by Jensen, that the Planning Commission receive the Plats & Subdivisions-Streets & Utilities Subcommittee minutes of January 16, 1969 with the above correction. Upon a voice vote, all voting aye, the motion carried unanimously. N 1. PUBLIC HEARING: REZONING REQUEST, ZOA #68-13, HAMMERLUND ENTERPRISES, INC. : Parcel 10 and 200 (North 903 ft. of East 3/4 of NEk of NEk of Section 13). Rezone from R-1 to R-3A. Clarence D. Nordstrom representing Hammerlund Enterprises, Inc. was present. Chairman Erickson read the Public Hearing Notice. Planning Commission Meeting - January 30, 1969 Page 2 Mr. Nordstrom explained that this land is located directly south of the Studebaker-Onan plant. He made a study as to the feasibility of commercial or industrial for this land which showed that this type of property really would not be desirable or feasible for commercial. He checked with Super Valu and Red Owl who informed him it was not in the proper location. Small stores would be strip zoning and he did not believe the City would want that. They were asking R-3A for the use of the land because, under FHA, all the special assessments would have to be paid, and that would amount to approximately $3,500 per residential lot which would mean they would have to pay approxi- mately $7,000 per lot, and this is out of the question. The suggested use of R-3A for this land, approximately 29 2/3 acres, would allow 18 acres for buildable sites. The terrain south of the proposed apartment complex could be used as a park. This would be donated by deed to the City of Fridley if they wished to accept it, or the developers could use it for a private park, or possibly build single family dwellings on the banks of the creek. Mr. Nordstrom said that he can obtain the kind of financing he can live with, and he has the contract to build from Hammerlund Enterprises, Inc. He referred to a letter written to the Council asking to be put on their agenda for a public hearing, but was told they would wait for the Planning Commission to make a recommendation, and the first public hearing date before Council would probably be the second meeting in March. This was satisfactory to him. Chairman Erickson asked who was the owner of the house at 1500 County Road H, and Mr. Nordstrom answered the present owner purchased the property from Mr. Hipp, a tenant lives in the house, and all three have been notified of the public hearing. In answer to the questions regarding utilities, the Engineering Assistant stated that sewer is available on 69th Avenue. There is a 10" line on Central Avenue and an 8" watermain runs down 69th Avenue. Mr. Nordstrom said there would be no problem with the soil. Mr. Myhra felt that at this point, perhaps the Commission would want an opinion from the Engineering Department with reference to the utility capacities. According to the Engineering Assistant, it had not been checked. However, the lines on 69th Avenue are isolated and only serve the people on 69th Avenue. MOTION by Myhra, seconded by Fitzpatrick, that the Planning Commission close the public hearing, ZOA #68-13, Hammerlund Enterprises, Inc. to rezone the North 903 feet of the East 3/4 of the NEk of the NEk of Section 13, (Parcel 10 and 200) from R-1 (single family district) to R-3A (apartments and multiple dwelling districts). Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Myhra, seconded by Fitzpatrick, that the rezoning request, ZOA #68-13, Hammerlund Enterprises, Inc. be continued to February 13, 1969 meeting. Upon a voice vote, all voting aye, the motion carried unanimously. 2. PUBLIC HEARING: REZONING REQUEST, ZOA #69-01 PEMTOM INC. : That part of of SEk of Section 24 that lies North of Hwy. #100 right of way to rezone from R-1 (single family dwelling district) to Planned Development. Chairman Erickson read the public hearing notice. L . - Planning Commission Meeting - February 13, 1969 Page 6 MOTION by Mittelstadt, seconded by Jensen, that the Planning Commission table the discussion on this public hearing, P.S. #69-01, until the school board makes appearance this evening. Upon a voice vote, all voting aye, the motion carried unanimously. 4. CONTINUED REZONING REQUEST: ZOA #68-13 HAMMFRLUND ENTERPRISES INC._, CLARENCE NORDSTROM APPLICANT: r 3 feet of East 3/4 of NE-4 of NE-4 of Section 13 (Parcel 10 and 200). Rezone from R-1 to R-3A. Mr. Myhra said one of the questions to be answered was that of utilities. Darrel Clark said he did check the capacity of both sewer and water and there would be no problem serving a complex of this multitude. Mr. Myhra added that there was some question about part of this land being deeded to the City for park, and asked if the Planning Commission should be taking any kind of official action on this until they had some feeling from the City in this regard as the petitioner is willing to deed it. The Chairman of the Parks & Recreation, Mr. Fitzpatrick, stated there are areas West that are under consideration for parks and some have already been purchased such as the Fontaine and Ing Siverts parcels. Mr. Jensen said it is important from the standpoint of Rice Creek that the creek bottom be maintained in its present form. It should not be filled and no structure should be allowed to be built on that creek bottom where it would impede the flow of water. This channel is required to carry the water. It is really a trench because it has been eroded from time to time. There followed a discussion of the elevations of the creek. Clark said that looking at the topog, Central Avenue is 863 feet above sea level. The Commission discussed allowing the rezoning of the land North of the creek and keeping the creek bottom and bluffs in their existing condition. At this point, Mr. Nordstrom was asked to bring up his plans for dis- cussion and study. The Commission took an informal poll of the members to determine what the feeling was as to the rezoning itself being proper. Mr. Myhra said he was not really pleased with the layout of the suggested apartment complex. He added it does seem we have an area about as ideal for multiples as we are going to find what with Onan's on the north. Chairman Erickson agreed. Mr. Jensen wondered about the road along the New Brighton side. Darrel Clark said a road would not serve any more lots, but would carry traffic from one side of the creek to another. He had not heard of any plans to extend Stinson Boulevard. A discussion of the watershed area of Rice Creek was asked by Mr. Jensen. A dam could be put in to hold the water up and a pond near Central Avenue. The report of the flood plain information survey, which will be done by the Corps of Engineers, will be ready by the first of July. Mr. Ankrum said that last year we were not included, but now we should be the first one this year. Planning Commission Meeting - February 13, 1969 Page 7 Continuing, Mr. Jensen said he thought it is important for the City to acquire creek bottoms when available and without being concerned by usefulness as developed park. In the opinion of the Chairman, the City should acquire bottom land, but not necessarily for park purposes. In answer to the question of the construction schedule, Mr. Nordstrom said he had been to City Hall a number of times and is ready to go ahead -- financial committments have been made. Chairman Erickson said that in order to get something moving, he would suggest that the property south of the 860 contour line be deeded to the City and that no construction of residential buildings be allowed below the 880 line. The City would be provided with access easements needed from the property. One of the objections by Mr. Myhra was the use of automobile parking all the way around the complex for a buffer. Mr. Nordstrom said he would work on that. It was felt that a slope easement should be requested so that the 20 foot vertical bank of the creek would not be disturbed and that the area north of the 860 be the zoning boundary. This would amount to about 109, of the whole area. Darrel Clark wondered if this could be handled by agreement rather than easement. MOTION by Jensen, seconded by Fitzpatrick, that the Planning Commission recommend approval of the rezoning request, ZOA #68-13, Hammerlund Enter- prises, Inc., Clarence Nordstrom, Applicant, of the North 903 feet of the East 3/4 of the NEA of the NEk of Section 13 (Parcel 10 and 200) to rezone from R-1 to R-3A subject to the following conditions: That the petitioner agrees to sell to the City of Fridley the remainder of the total parcel South of the North 813 feet for the sum of one dollar and other considerations as previously offered and that an easement be provided aver the South 160 feet of the North 813 feet for purposes of maintaining slope and that a suitable access easement be provided to the previously mentioned parcel which the City is to acquire, location to be negotiated between the owner and the City. The Planning Commission does not feel that the plan as presented is necessarily a part of this action. It was noted that the petitioner should be granted enough land to accommodate 312 apartment units at 2,500 square feet per unit. Upon a voice vote, all voting aye, the motion carried unanimously. (3. public Hearing: -Froposed Preliminary Plat P S #69-01, Brentwood Estates) Chairman Erickson commented that Mr. Jim Thayer and W. Gordon Sangster, members of the school board were not present. MOTION by Mittlestadt, seconded by Jensen, that the Planning Commission remove from table the proposed preliminary plat, P.S. #69-02. Mr. Thayer said it was very difficult for him and Mr. Sangster to make a decision regarding the giving of an easement for road purposes. The school site of Riverwood School is rather small and the property has to be utilized to the fullest. Any amount they would dedicate to the City would reduce the playground area. They would have to know what the specific request REGULAR COUNCIL MEETING OF FEBRUARY 17, 1969 PAGE 5 AND 2. CONSIDERATION OF A REQUEST TO CONSTRUCT THE MAIN BUILDING OF BOB'S PRODUCE RANCH, LOCATED AT 7620 UNIVERSITY AVENUE N.E. , FRIDLEY, MINNESOTA. (REQUEST BY ROBERT SCHROER, 7886 FIRWOOD WAY N.E. , FRIDLEY, MINNESOTA) : The Engineering Assistant brought the plans to the Council table for the Council- men to review. He said that they found it necessary to move the building 50' to the south because of the soil conditions. He said that this request is for the display area and the garden center. He pointed out that the foundation permit on the garden center expired last Friday, February 14, 1969. They are now requesting a full permit. Councilman Liebl aske& if the members of the subcommittee were aware that this property has to be rezoned first. The Engineering Assistant said that he did not know. Councilman Samuelson explained, while looking at the plans that the display area is basically of post and beam construction, and that there would be no walls or inclosures. Mayor Kirkham asked if the foundation is completed yet. Council- man Samuelson said not yet. Councilman Sheridan asked when the revised plot plan would be completed. Councilman Samuelson said probably by noon the next day. He said that Suburban Engineering has not finalized some of the utility details. Councilman Sheridan suggested laying this over until the second reading of the Ordinance and acting on all at the same time. The Assistant City Attorney pointed out that either the foundation permit would have to be extended, or work stopped. Councilman Samuelson agreed that they would need a continuance of the foundation permit. The Engineering Assistant said that it was only an 11 day permit. When asked why such a short time, he explained that in this way it encourages the contractors to bring in th-ir completed plans sooner and that the second reading of the Ordinance was scheduled to be completed before the permit would have expired. MOTION by Councilman Liebl to table Item #1 and Item #2 of the Building Standards - Design Control Subcommittee Meeting until the rezoning is completed. Seconded by Councilman Sheridan. Upon a voice vote, Liebl, Kirkham, Sheridan voting aye, Samuelson abstaining, Mayor Kirkham declared the motion carried. 3. CONSIDERATION OF A REQUEST TO CONSTRUCT A MASONRY BUILDING 50' X 120' TO BE USED AS A WHOLESALE MEAT PROCESSING AND PACKAGING PLANT, LOCATED AT 7501 COMMERCE LANE, THE SAME BEING LOT 25, BLOCK 2, COMMERCE PARK, ANOKA COUNTY, MINNESOTA. (REQUEST BY MR. RALPH BROTHEN, 420 2ND AVENUE NORTH, MINNEAPOLIS, MINNES0i'A 554")1) : The Engineering Assistant said that Mr. Brothen has submitted his revised plans , and brought them forward to the Council table. He explained that the brick would extend up to the windows. Councilman Liebl asked how much he estimates his in- vestment is. Mr. Brothen said about $125,000 for 131 acres. The Engineering Assistant pointed out that this building also had to be moved north because of the soil conditions. Councilman Samuelson asked if the Building Standards - Design Control considered the fence along the east line. Mr. Brothen said yes, it was brought up, but the Committee did not think it would be necessary. He pointed out that he also had to raise the building several feet. He then showed the landscaping plans. MOTION by Councilman Samuelson to grant the building permit to Mr. Brothen for a meet processing and packaging plant located at 7501 Commerce Lane subject to the i REGULAR COUNCIL MEETING OF FEBRUARY 17, 1969 PAGE 6 stipulations of the Building Standards - Design Control. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 4. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION TO AN EXISTING BUILDING, LOCATED AT 48TH AND EAST RIVER ROAD N.E. , FRIDLEY, MINNESOTA, THE SAME BEING LOT 6, AUDITOR'S SUBDIVISION X179, ANOKA COUNTY, MINN. (REQUEST BY F.M.C. CORP. , 48TH AND EAST RIVER ROAD, FRIDLEY, MINN.) : The Engineering Assistant said that this was for an addition to F.M.C. at the southeast corner of their property. It is for 20,000 square feet, all on one floor. He said that it is to be used as Engineering offices. MOTION by Councilman Sheridan to grant the building permit to F.M.C. for the addition to their building for some Engineering offices, as per plans submitted. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The Engineering Assistant said that there was no Council action necessary on Item #5 as they still have to come in to the Building Standards - Design Control Subcommittee with revised plot plans. MOTION by Councilman Sheridan to receive the Minutes of the Building Standards - Design Control Meeting of February 11, 1969. Seconded by Councilman Samuelson. 1/ Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. J� RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING FEBRUARY 13, 1969: ` The Engineering Assistant said that there were two Public Hearing dates that need to be set by the Council. One is for a Rezoning Request: ZOA #68-11, Louis Momchilovich, and the other a Rezoning Request: ZOA 1168-13, Hammerlund Enter- prises, Inc. , Clarence Nordstrom Applicant. MOTION by Councilman Liebl to set the Public Hearing dates for Louis Momchilovich Rezoning Request and Hammerlund Enterprises, Inc. , Resqning Request for the Meeting of March 10th. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The Engineering Assistant pointed out that in Item 116 of the Planning Commission Minutes, they suggested that the proposed Main Street be extended southerly across the open land and connect up with Commerce Lane and that the service drive constructed along University Avenue be looped hack away from the highway at Osborne Road and 79th Avenue. Councilman Liebl said that he would like a chance to review the planning Commission Minutes before the Council Meetings, as there is not time for study of the correct action the Council should take on some matters. MOTION by Councilman Liebl to have the Planning Commission Minutes of February 13, 1969 available for receipt at the Special, Meeting at 5:15 P.M. the 24th of February. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE INDUSTRIAL DEVELOPMENT COMMISSION, JANUARY 9, 1969: MOTION by Councilman Samuelson to recei-e the Minutes of the Fridley Industrial REGULAR COUNCIL MEETING OF APRIL 21, 1969 PAGE 4 SUPPLEMENTAL PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS FOR UNIVERSITY AVENUE EAST SERVICE ROAD FROM 69TH AVENUE TO 73RD AVENUE INCLUDING THE 69TH AVENUE CROSSOVER ON UNIVERSITY AVENUE: STREET IMPROVEMENT PROJECT ST. 1968-1B: Councilman Liebl asked if the service road could be assessed. Councilman Harris answered that part of it would be paid for by Minnesota Transfer Railway Company, part of the service road is adjacent to the County Arena, and some of it is by the City park. Councilman Sheridan said that the Park property should not be assessed because to levy an assessment, there has to be shown a benefit, and in this case, there would be none. Councilman Harris commented that he could not see the reason for the additional hearing, and that the City Attorney has already been authorized to get the land acquisition. Mayor Kirkham explained that this- was just extra in- surance by the City, as the plans have been changed since the last Public Hearing. He then asked if there was anyone in the audience that wished to be heard, with no response. The City Engineer showed the plan for the loop back which would keep the industrial traffic away from. the residential traffic. If industrial develop- ment goes in north of the 69th Avenue crossover on the west side of Univer- sity Avenue the loop back will be continued north. Councilman Harris said that he had talked to some of the people on the east side of University Avenue near 69th, and they were in agreement with the improvement. The City Engineer agreed and said that letters and maps have been sent out explaining the project, and when the people understood what was being proposed, they were also in favor of it. MOTION by Councilman Sheridan to close the Supplemental Public Hearing for the improvement of the east service road from 69th Avenue to 73rd Avenue, including the 69th Avenue crossover on University Avenue: Street Improve- ment Project St. 1968-1B. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR REZONING FROM R-1 TO R-3A (ZOA #68-13) , HAMMERLUND ENTERPRISES, INC. AND APPROVAL OF AGREEMENT ! WITH PROPERTY OWNERS: The City Engineer pointed out that all the requirements requested by the Council are included in the agreement appearing in the Agenda. The agreement also stipulates that the Council will control the development. Councilman Sheridan asked why there would be a necessity of both easements running north and south. The City Engineer said that this was a request by the Planning Commission so that there would be double access to the City Park, but if Stinson Boulevard is ever improved, the west easement could probably be vacated. Councilman Sheridan asked Mr. Nordstrom if he had any plans. Mr. Nordstrom said that he had some tentative plans, but they are not specific y as yet. He said that he could get the agreement executed the next day. `1 Councilman Sheridan told him that the Council policy has been to see the plans before the second reading .of the Ordinance. The City Engineer said that it was the City Attorney's opinion that the agreement would sufficiently pro- tect the City, so that the second reading could be held. Councilman Sheridan said that the only reason he brought this up, was that he felt that once a Policy is set, it should either be adhered to, or abandoned. The City I REGULAR COUNCIL MEETING OF APRIL 21, 1969 PkGE 3 PUBLIC HEARING ON REAL PLAT (P.S. #69-01) SRE PrWOOD F=ATES EEMTED BY THOMAS R. SWANSON: Generally located west of East River Road amd south of Logan Parkway. The City Engineer showed a map of the area on the screen and explained that this is the area just north of Riverwood Elementary School. The plat is divided up into 10 lots. There will be a need for additional right of way frau Riverview Terrace to the north-south road. The Planning Comission re- oasmended approval of this plat. Councilman Liebl asked if the Lot 34 shown on the screeft as being split up would still be buildable size lots. The City Engineer said that this lot is not part of the plat, and could be split many different ways, but that it is about 270' deep and if 25' are taken for the roadway, there would still be enough land for two large lots. Councilmah Samuelson said that Mr. Sangster (Lot 3, Block 1, Mississippi View) questioned how the assessments would be spread and felt that he would be assessed for a road that he would not need. Mr. Benedict.Novak, 115 71st flay N.E. said that he is the owner of Lot 34, and if the lots were split up into more than two, they would not be salable. Mayor Kirkham told him this was just a suggestion and the splitting. would be . up to him, he would not be forced to split the land up into three lots. Councilman Samuelson said that this land is in need of some platting, as it is nice property, but at the present time, it is land-locked. He said that Mr. Sangster would prefer access from East River Road. Councilman Liebl asked if the people on the corner lots would have access from Riverview Terrace. The City Engineer said yes, that he felt that access from East River Road should be discouraged. The City Engineer said that the right of way is needed for Mr. Novak's lot and the lot to the north of him for access' to Riverview Terrace. Councilman Sheridan said that in that event, the lot to the north would also benefit. He said that he understood that Lot 34 is about 238' from Riverview Terrace. Mayor Kirkham asked Mr. Novak if he is against this proposal and Mr. Novak replied yes. Councilman Sheridan said that the policy has been that the developer has to negotiate for the ease- ments from the property owners. Councilman Liebl agreed, and commented to Mr. Novak that the developer would have to approach him to get the necessary right of way. Councilman Samuelson said that the Council is well aware that this area needs help in -development, and the Council is willing=to -givs assistance; but the property-owners in the area must get together for their mutual benefit, to resolve the right of way problems. MOTION by Councilman Liebl to close the Public Beatiang:-on the ffinal Plat--_ - P.S. (16901, Brentwood Estates requested by Thames R. Swanson. Seconded by Councilman Sheridan. upon a voi- -rote, all voting aye, Mayor Kirkham declared the notion carried unanimously. - MOTION by.Councilman Harris to concur with the plat__contingent-upon. obpaining the necessary-easements and dedication.s .for complete access as outline4 on the map on Page 1157 of the April 21, 1969 Agenda. Seconded by Councilman Samuelson.: Upon a voice vote, all voting aye; Mayar .tirkham declared the motion.-carried unanimously. REGULAR COUNCIL MEETING OF APRIL 21, 1969 itc GE 5 Engineer said that this is something new, and there has never been an agree- ment of this nature before. Councilman Samuelson said that he would have to agree with Councilman Sheridan and pointed out that the Council held up the Bob Schroer rezoning until everything was in order. Mr. Nordstrom said that he has presented preliminary plans to the Council, and that he 4ntended to adhere to the Code and all the City Ordinances. He said that he will have the property owners signature on the agreement and will have it into the City offices by 2:00 P.M. tomorrow. Councilman Liebl asked Mr. Nordstrom if he understood completely that once this agreement is signed between Carl Hipp and the City of Fridley, he must adhere to it and will be bound by it. Mayor Kirkham said that this really is nothing that has not been done before. On previous occasions, the publication has just been held up. Councilman Sheridan felt that this was something different and that the established policy should be adhered to. If the Council should wish to circumvent the policy, and do something new, this would be something else again. Mayor Kirkham asked Councilman Sheridan what else he would want from Mr.- Nordstrom. Councilman Sheridan said that he felt that the regular procedure should be gone through, and that the plans should be submitted to the Building Standards - Design Control, then after the Council receives their recommendations, the Council should act. Mayor Kirkham then called an executive recess from 8:35 to 8:57 P.M. Mayor Kirkham told Mr. Nordstrom that the agreement cannot supercede the Ordinance, and also pointed out that the agreement would need a 4/5 vote of the Council to pass.' He told Mr. Nordstrom that the second reading of the Ordinance must be within 6 months of the first reading, which was March 17, 1969. Councilman Sheridan suggested adding another paragraph stating that items a) , b) , c) , and d) under Section 1 of the agreement must be completed before the second reading of the Ordinance, and that the second reading must be before August 17, 1969. Mr. Nordstrom said that they will be complied with tomorrow. Councilman Sheridan said no, that this would also include the submission of the plans, and the recommendation of the Building Standards - Design Control Committee on these plans. Mr. Nordstrom said that he understood that he could submit the plans to the Building Inspection Department, and if they were all right, he could go ahead. Councilman Harris said no, that the Council also sees the plans after the Building Standards - Design Control Subcommittee, and approves, disapproves, or makes additions or deletions. Mr. Nordstrom said that he could have all these things done by August 17th. Councilman Sheridan asked him if he had no objections then. Mr. Nordstrom said no, that they should be done prior to that time. The Assistant_City'Attorney, Mr. James Gibbs, said that item e) under Section 1 could not be met before August 17th, and that compliance with just a) , b) , c) and d) should be included in the added paragraph. MOTION by Councilman Harris to add Paragraph f) under ,Section 1 of the agree- ment as follows: f) That the prov-aions of a) , b) , c) , and d) must be met prior to the second reading of the Ordinance which must be no later than August 17, 1969. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REGULAR COUNCTL MEETING OF APRIL 21, 1969 PAGE 6 MOTION by Councilman Sheridan to authorize the City Manager and Mayor Kirkham signing the agreement as amended. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ORDINANCE #416 - AN ORDINANCE AMENDING SECTION 45.101 RELATING TO THE. CON- STRUCTION OF OFFICES AND OFFICE BUILDINGS: (Enlarging upon uses allowed under CR-1 zoning) MOTION by Councilman Liebl to adopt Ordinance #416, waive reading and order publication. Seconded by Councilman Sheridan. Upon a roll call vote, Samuel- son, Sheridan, Kirkham, Liebl voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF BUILDING PERMIT AS REQUESTED BY MURPHY OIL CORPORATION: The City tngineer said that Mr. Lundberg had intended to come to the. Meeting, but is not yet in attendance. The Council at the last meeting approved the concept, and he has worked with the County on the traffic pattern and they have reluctantly concurred. There will be still some dedications necessary but his recommendation was for approval of the plan, subject to receiving the dedications. The only differences in this plan is that the building has been turned, and there are now two openings off East River Road also. Councilman Samuelson asked if this had a canopy. The City Engineer said yes. Councilman Samuelson then asked if it would be 35' back. The City Engineer said that the requirement is that the building be set back 35' , but that the islands could be less. Mayor Kirkham suggested laying this over until later in the Meeting in case Mr. Lundberg should be able to get to the Meeting. NOTE: This item was taken up later in the Meeting, but Mr. Lundberg did not arrive. For the sake of clarity, the remainder of the Minutes pertaining to this item follow. Councilman Harris asked how far back the first island is. The City Engineer said that there is 15' between the island and the property line. MOTION by Councilman Harris to approve the plan shown on Page 70 of the April 21, 1969 Agenda, subject to the City of Fridley getting all the necessary easements. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF McCLAIN'S ALLEY BETWEEN 2ND STREET AND MAIN STREET: The City Manager presented the background, recommendations, and conclusions outlined in his Memorandum dated April 2, 1969. He was aided in the pre- sentation by the use of transparencies shown on the screen of the area in- volved. This has been a problem since 1964, and Mr. McClain feels that if others can fence off the alley and use. it, he would also like this. right. The first priority would be that the alley be opened up, proper drainage sewers be installed, alley surfaced and apartment houses be required to abide by the Code and install parking lots as originally agreed. The other alternative would be to allow the front yard parking for the apartment houses on Main Street. The owner of 6021 Main Street, Mr. William Warner has . SPECIAL PUBLIC HEARING MEETING OF MARCH 10, 1969 PAGE 21 voice vote, all voting aye, Mayor Kirkham declared the motion carried unani- mously. It was agreed that the Ordinance for the Rezoning Request by Louis Momchilo- vich should be on the Agenda for first reading at the March 17, 1969 Meeting. PUBLIC HEARING ON THE REZONING REQUEST (ZOA #68-13) FROM R-1 TO R-3A BY HAM- MERLUND ENTERPRISES, INC. Mayor Kirkham read the Public Hearing Notice, and asked if there was anyone present who wished to be heard. Mr. Clarence. Nordstrom came forward with the plans and said that he represented Hammerlund Enterprises, Inc. He said that he has appeared before the Planning Commission on four different occasions and now it is in order to present these plans to the Council. He said that this area is 29 2/3 acres and lies directly south of Onans. He showed the original plan and pointed out what the Planning Commission suggested changing. He then showed the revised plan which incorporated the recommendations of the Planning Commission of the selling of the remainder of the total parcel south of the north 813 feet to the City of Fridley for the sum of $1.00, and the easement for access to the creek and the slope easement. He said that he has agreed that he could live with the new plan which is for 312 units. He said that the Planning Commission felt that the parking should not be around the outside of the conplex and he has been working with the Engineer on this. He said that he is providing a garage for every unit and complying with the City Code in also providing one parking space for every unit for visitors. He said that they could not get away from some parking around the edge, but that some has been moved to the center of the complex. Councilman Harris said in regard to the garages to the west, if they could not be moved east rather than to the west. Mr. Nordstrom asked if he thought there would be much traffic on the easement. Councilman Harris asked if 108 garages would not mean 108 entrances. Mr. Nordstrom said no, that the garages are back to back. The City Engineer said that he is requesting approval subject to dedication of property to the City for $1.00, providing the necessary easements, and with the understanding that the action is on the rezoning request, not- on the plans. He asked Mr. Nordstrom how he figured the land area. Mr. Nordstrom said that the land area requirements for 312 units was figured on the revised plan, not the original. He added that it will be 2� stories, with balconies, and patios at garden level. He commented that the amenities must be provided as the people are demanding the extras. He said that his plans also include a swimming pool, sauna baths, garbage disposal etc. Councilman Liebl asked where ingress and egress are. Mr. Nordstrom showed him on the plan, and said that it would be off of 69th Avenue as no one knew when Stinson Boulevard would be put in. Councilman Samuelson asked if the City has the right of way for Stinson Boulevard. The City Engineer said not to his know- ledge, but pointed out that Hammerlund Enterprises, Inc. will be dedicating 33 feet along Stinson Boulevard. Mr. �'ordstrom said that they would be willing to make this dedication as they would still meet the land requirements. Councilman Sheridan asked why the map in the Agenda indicated that they are requesting zoning to Planned Development. Mr. Nordstrom answered that at first they contemplated requesting this zoning, but through studies, they found that it would not be feasible, and switched the request to R-3A. 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 N.E. on March 10, 1969 in the Council Chamber at 7 : 30 P .M. for the purpose of: Consideration of a rezoning request (ZOA #68-13) by Hammerlund Enterprises , Inc . to rezone from R-1 (single family dwellings) to R-5A (apar men-t-9 4 �> and multiple dwellings) the North et of the East 3/4 of the NE 1/4 of the NE 1 of Section 13, T-30 , R-24 , City of Fridley, County of Anoka, State of Minnesota. Generally located Qn the South side of 69th Avenue at the East City limits . Anyone desiring to be heard with reference to the above matter may be heard at this time . JACK 0 .. K I RKHAM MAYOR PUBLISH; February 26 , 1969 March 5 , 1969 i PAGE 20 THE MINUTES OF THE PUBLIC HEARING AND WORKSHOP MEETING OF MARCH 10; 1969 Mayor Kirkham called the Special Public Hearing and Workshop Meeting to order at 7:35 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham requested the audience to stand and join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Harris, Samuelson, Sheridan, Kirkham, and Liebl MEMBERS ABSENT: None ADOPTION OF AGENDA: Mayor Kirkham said that there was one addition under Old Business. #5A: Resolution Requesting the Minnesota Highway Department's Participation in Revamping of the Crossover at 69th Avenue on T.H. #47. MOTION by Councilman. Liebl to table the Bob Schroer Ordinance, and Consideration of Bob Schroer building permits until a Regular Council Meeting as this Meeting is supposed to be for Public Hearings and Workshop, and an Ordinance should be taken up at a Regular Council Meeting. He said that at this time, until certain conditions are met, he would be unable to vote properly. Mayor Kirkham called for a second. He got none, therefore he declared Council- man Liebl's Motion DIED for lack of a second. MOTION by Councilman Samuelson to adopt the Agenda as amended. Seconded by Councilman Sheridan. Upon a voice vote, Harris, Samuelson, Kirkham and Sheridan voting aye, Liebl voting nay, Mayor Kirkham declared the motion carried. PUBLIC HEARING ON REZONING REQUEST (ZOA #68-11) FROM R-1 TO R-3A BY LOUIS MOM- CHILOVICH: Councilman Sheridan pointed out that this is not the original request, but an additional request brought about by the Council's desire to allow for a 30 foot dedication of road. He said that Mr. Momchilovich has a contract for deed for the additional land. He is asking for this additional rezoning to keep the same number of units in the apartment he is planning. The City Engineer added that the Council has already passed tLe Ordinance for the main parcel. Mr. Momchilovich then came forward to the Council table and presented his plans. The City Engineer said that the Council has authorized a permit, but it was help up until the second rezoning request could be processed. Councilman Liebl asked why the permit was held up in this case. The City Engineer re- plied that it was held up at the direction of the Council. MOTION by Councilman Harris to close the Public Hearing for the Rezoning Request (ZOA #68-11) by Louis Momchilovich. Seconded by Councilman Samuelson. Upon a ` SPECIAL PUBLIC HEARING MEETING OF MARCH 10, 1969 PAGE 22 Mayor Kirkham told Mr. Nordstrom that, as he knows, if the rezoning request is approved, he must still comply with the City's Ordinances. Councilman Samuelson commented that the location is ideal. Mayor Kirkham called for comments from the audience before the Public Hearing is closed. There was no reply. MOTION by Councilman Liebl to close the Public Hearing on the Rezoning Request (ZOA #68-13) requested by Hammerlund Enterprises, Inc. to change zoning from R-1 to R-3A. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ORDINANCE #412 - AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: (Bob Schroer - Produce Ranch at 7620 University Avenue N.E.) Councilman Harris asked to be brought up to date in regard to St. Paul Water- works easement that was needed for the direct line-up of theroad to the south of Osborne Road. Councilman Samuelson said that permission has been received from St. Paul Waterworks so the road can be aligned with the south service road. The City Engineer added that the agreement has just been received, and will be considered at next Monday's Meeting. It will entail removal of the hill at a cost of about $1300 which will be borne by the developer. He said that if Council adopts this Ordinance, he would suggest that it be made sub- ject to the dedications discussed. The City Engineer, while showing the plans, said that the St. Paul Waterworks vent will be re ^oved. He explained that originally the plans showed five entrances, but they have been cut down to two. Councilman Sheridan asked the distance from the north to the south boundaries. The City Engineer said that it was 430 feet north of Section line 2. Council- man Sheridan said that if approved tonight, it would be on that part that Mr. Schroer has plans for. Councilman Samuelson said that the two sites that have plans to be submitted tonight, takes up approximately 40% of the total land area. The City Engineer pointed out that there will be a Public Hearing for the Service Drive soon and that it will have to meet all City standards and will have to have concrete curb and gutter. Councilman Samuelson asked where the storm sewer coming from Spring Lake Park is in relation to this property. The City Engineer said that it will go through Mr. Schroer's property, but to tr.._; north of what is being proposed at this time. Councilman Harris asked if there would be an entrance at 78th Avenue. Councilman Samuelson said that the proposed loopback is at 79th Avenue. Councilman Liebl asked for an executive recess at 8:15 P.M. The Council then adjourned to the Conference room until 8:37 P.M. • der 2 waive reading, and or MOTION by Councilman Harris to adopt .,::dinance #41 , g► publication. Seconded by Councilman Sheriean. Upon a roll call vote, Sheridan, Liebl Kirkham Harris voting aye,e, Samuelson abstaining, Mayor Kirkham declared the motion carried. SPECIAL PUBLIC HEARING MEETING OF MARCH 10, 1969 PAGE 23 CONSIDERATION OF BUILDING PERMIT TO CONSTRUCT EXTERIOR DISPLAY AREA OF BOB'S PRODUCE RANCH AND CONSIDERATION OF BUILDING PERMIT TO CONSTRUCT THE MAIN BUILDING IN BOB'S PRODUCE RANCH: Councilman Samuelson said that this will be coming in as a proposed plat. Councilmam Liebl asked to look at the plans of the display area. The City Engineer showed the building elevations and said that the display area would be columns, with a roof, and the sides will be open. He then showed the garden center and said that this will be in conjunction with the display area. Councilman Harris said that he hoped that there were no plans to close the building temporarily in the winter. Councilman Samuelson said no, it will not be. Mayor Kirkham asked what was on the second story. The City Engineer said that this is on the ranch portion and will face University Avenue N.E. The second story will be office space. He said that there was a 30' sanitary sewer easement between the two buildings. MOTION by Councilman Harris to grant the building permits to Bob Schroer for construction of display area and construction of the main building of Bob's Produce Ranch, subject to conditions imposed by the Building Standards - Design Control Subcommittee and getting the necessary dedications. Seconded by Councilman Sheridan. Upon a voice vote, Sheridan, Kirkham, Liebl, Harris voting aye, Samuelson abstaining, Mayor Kirkham declared the motion carried. Mr. Peter Lindberg, representing Mr. Bob Schroer, said Thank You to the Council for granting approval of their requests. HIGHLAND PARK DEVELOPMENT COMPANY - REQUIREMENT FOR PLAT TO BE SUBMITTED PRIOR TO ISSUANCE OF BUILDING PERMIT: The City Engineer said that this is the area behind the clinic. He said that the applicant came in For a building permit for the apartment complex, but the Council had stated that issuance of the permit would be subject to getting a recorded plat. Mr. Fred Donaldson, representing Highland Park Development Company, said that they would like to start one apartment house now and one in a couple of months. The City Engineer suggested that the Council could approve one permit, so he could get started on the construction, and while he is doing this, he could also be working on getting the plat recorded. Mr. Donaldson agreed, that he would like to get started and said that all the work to get a plat recorded takes some time. The City Engineer said that they are proposing three apart- ment buildings but are planning construction on only two at this time. He pointed out that there is a parcel of commercul land included in this pro- posed plat whi:... is about 1 acre for which the developers have no plans at this time. Councilman Liebl asked if the sewer facilities are adequate. The City Engineer said yes, that there was a sewer line in both Lyric Lane and Madison Avenue. Councilman Sheridan commented that there are going to be some odd shaped lots. He asked how far along with the proposed plat Mr. Donaldson is. Mr. Donaldson said that he had just met with the Plats and Subdivisions - Streets and Utilities Subcommittee. Councilman Sheridan said that he did not think that it would take the estimated 60 to 90 days to get a plat recorded. Mr. Donaldson replied that there are formalities at the City lev that Suburban Engineering had indica- ted that there would be a delay in survey work, and after these things are done, REGULAR COUNCIL MEETING OF MARCH 17, 1969 PAGE 2 waive the reading and order publication. Seconded by Councilman Liebl. Upon a roll call vote, Liebl, Harris, Samuelson, and Sheridan voting aye, Mayor Harris Pro tem declared the motion carried. FT^.';T RE^`)ITIG OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: (Louis Momchilovich - ZOA #68-11, to rezone from R-1 to R-3A) MOTION by Councilman Sheridan to approve this Ordinance on first reading and waive the reading. Seconded by Councilman Samuelson. Upon a roll call vote, Sheridan, Liebl, Harris, and Samuelson voting aye, Mayor Harris Pro tem declared the motion carried. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: (Hammerlund Enterprises, Inc. ZOA #68-13, to rezona from-R-1 to R-3A) Councilman Liebl asked the City Engineer to point, out the area involved. The City Engineer showed the area on the screen and said that it is bounded on the north by 69 .h Avenue, on the ease by Stinson Boulevard and that it extends south for 813 feat. CovQ-ilma-n Liebl asked if Hairnerlund Enterprised is going to deed some park land to the City, if the rezoning is granted. Councilman Samuelson sand that he is dedicatir. some land to the City. The City Engineer added that he is also going to give the City some easements, when the second reading is com- pleted. The City Attorney suggested getting an agreement to this effect signed before the second reading of the Ordinance. MOTION by Councilman Liebl to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Samuelson. Upon a roll call vote, Samuelson, Sheridan, Liebl, and Harris voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MARCH 5, 1969: MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals Meeting of March 5, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF MARCH 6, 1969: MOTION by Councilman Samuelson to receive the Minutes of the Parks and Recreation Commission Meeting of March 6, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL SUBCOMWITTEE MEETING OF MARCH 12, 1969: 1, CONSIDERATION OF A REQUEST TO REFACE A BUILDING LOCATED ON LOT 1, BLOCK 1, WALNUT ADDITION, THE SAME BEING 7365 CENTRAL AVENUE N.E. , FRIDLEY, MINN. (REQUEST BY RICHARD POVLITZKI, 7516 ARTHUR STREET N.E. , FRIDLEY, MINN.) : The City Engineer said that the City ha an agreement for some outside work to be done, but it cannot be executed because he is buying the building under a contract for deed. The City Attorney added that Mr. Povlitzki had agreed to I THE MINUTES OF THE REGULAR COUNCIL MEETING OF MARCH 17, 1969 Mayor Harris Pro tem called the Regular Council Meeting of March 17, 1969 to order at 7:37 F.M. PLEDGE OF ALLEGIANCE: Mayor Harris Pro tem requested that the audience stand and join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Liebl, Harris, Samuelson, Sheridan, Kirkham (Arrived at 8:22 P.M.) MEMBERS ABSENT: None APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF MARCH 3, 1969: MOTION by Councilman Samuelson to adopt the Minutes of the Regular Council Meeting of March 3, 1969 as presented. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. APPROVAL OF MINUTES OF THE SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF MARCH 10, 1969: MOTION by Councilman Liebl to adopt the Minutes of the Public Hearing and Workshop Meeting of March 10, 1969 as presented. Seconded by Councilman Sam- uelson. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. ADOPTION OF AGENDA: MOTION by Councilman Sheridan to table Item #1 under Old Business (Second Reading of the Sign Ordinance) and add: #26A: Resolution to advertise for bids for 3/4 ton wheel drive truck with box & snow plow for the Parks Department; and D. under communications: Fridley Senior High: Request for use of Court Room for play. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. Councilman Harris explained that the Fridley Industrial Development Commission wished to make some comments on the Sign Ordinance. It is to appear on the Agenda when their comments are received. He asked that a copy of the proposed Ordinance be sent to the Commission. VISITORS: Mayor Harris Pro tem asked if there was anyone present who wished to speak on any item not on the Agenda. There was no response. ORDINANCE #413 , AN ORDINANCE AMENDING SECTION 74.03 OF THE CITY CODE: (Bicycle Plates and Registration Cards) MOTION by Councilman Sheridan to adopt Ordinance #413 as amended on second reading, REGULAR COUNCIL MEETING OF APRIL 7, 1969 PAGE 12 Councilman Liebl asked if he would have enough land after giving this dedication. The City Engineer said that the sidewalk easement would be part of the land requirement, but that it should be considered when he places his building. CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR REZONING FROM R-1 TO R-3A (ZOA #68-13)BY HAMMERLUND ENTERPRISES, INC. : The City Engineer showed the area on the screen and commented that there was still the park dedication, the slope easement, and the easement for Stinson Boulevard to be received, however, if the Council wished, they could pass the Ordinance and order publication held up. Councilman Samuelson questioned the wisdom of holding the second reading without ever having seen the plans. The applicant is not ready for a building permit yet, and it has been the Council policy to see the plans before holding the second reading. He brought up the possibility that the plans may not be accept- able. Mayor Kirkham pointed out that there is also a possibility that the plans may fall through, then there would be a new zoning on the land, but no use. The City Engineer said that for purposes of financing, the applicant has to show that the rezoning has been completed. The City Attorney suggested a letter of agree- ment from the applicant be received before the second reading, then the second reading could be held, but publication withheld until all the paper work is completed. This would help satisfy the mortgage companies. MOTION by Councilman Samuelson to table the second reading of the Ordinance for rezoning requested by Hammerlund Enterprises (ZOA #68-13) , and direct the Administration to send a letter to the developer, advising him that the City needs the easement for Stinson Boulevard, the slope easement, 33' access easement to the park land, and the park land dedication, and the Council would like to see the plans. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF PARK DEPARTMENT MEMORANDUM REQUESTING REMOVAL OF TRUCK FROM ACTIVE SERVICE: MOTION by Councilman Samuelson to concur with the recommendation of the Parks and Recreation Director that the 1954 Chevrolet Truck be removed from service and that the vehicle be stripped of all usable parts. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF REQUEST FOR CHANGE IN 1969 BUDGET PROGRAM AS REQUESTED IN PARK DEPARTMENT MEMORANDUM: MOTION by Councilman Liebl to concur with the recommendation of the Parks and Recreation Director, to remove one riding mower at a cost of $1700 from the financed portion of the budget, and replace it with one new � ton pick up truck. Seconded by Councilman Samuelson for discussion. Councilman Samuelson asked if- there would be better mowing of the parks this summer than there was last summer. The inclusion of the riding mower was included in the budget because of the complaints received last summer. The Parks Director said that two additional men have been added to the Department, which should help. The riding mower would have been used for trimming. What is needed most is the tractor and flail, but that was dropped into the needed, but unfinanced portion of the budget. He explained that this truck is needed, as, after the bidding pro- cedure had been started for the truck bid that will be considered later tonight, 1 REGULAR COUNCIL MEETING OF APRIL 7, 1969 PAGE 11 Council Meeting that the well house proposed for Commons Park be build with a warming house in conjunction, and the layout of the plans to be agreeable to both the Commission and the Council. This would more than offset any land the City may have to take. Mr. Fitzpatrick said that he realized that the Council has treated the Commission fairly. The City Engineer said that he had written a memorandum to the Parks and Rec- reation Director advising him of the plans for a well house in Commons Park and that the City hoped to work out a plan for including a park facility also. He said that his Department would like to start work as soon as possible as the peak season of water consumption is fast approaching. He suggested that the Commission make their wishes known to the Director, and he would work with him. RECESS: Mayor Kirkham declared a recess from 9:55 to 10:15 P.M. COUNCILMAN SHERIDAN ARRIVED AT 10:15 P.M. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF MARCH 17, 1969: Mayor Kirkham pointed out that on Page 16 of the Minutes under the heading: "Receiving Bids and Awarding Contract for Sewer, Water and Storm Sewer #90", the Councilman making the motion, and the vote upon the motion was left off. It was pointed out to the Council that Councilman Samuelson made the motion, and the vote was unanimously in favor of the motion for bid award, and that the correction had been made in the Minute Book. MOTION by Councilman Samuelson to adopt the Minutes of the Regular Council Meeting of March 17, 1969 as corrected. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPROVAL OF MINUTES OF THE SPECIAL COUNCIL MEETING OF MARCH 31, 1969: MOTION b Councilman Liebl to adopt the Minutes of the Special Council Meeting Y P P 5 of March 31, 1969 as presented. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ORDINANCE #415 - AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZON-ING DISTRICTS: Louis Momchilovich, to rezone from R-1 to R-3A. Councilman Samuelson asked if the applicant has provided all the necessary documents. The City Engineer said not yet, but the second reading could be held, with publication held up until all the papers are received. Councilman Samuelson wondered if there would be a necessity for requiring an easement for sidewalks to the shopping center to the south if it should become necessary to put one in in the future. He said that he would hate to have to approach Mr. Momchilovich at a later date and ask for the easement, and thought it would be better to include an easement now for possible future --velopment of the sidewalk. MOTION by Councilman Samuelson to adopt Ordinance #415, waive the reading and order the publication held up until all the necessary documents are received, also a signed agreement for dedicated land for future development of street and side- walks, if needed in the future. Seconded by Councilman Sheridan. Upon a roll call vote, Kirkham, Liebl, Samuelson, and Sheridan voting aye, Mayor Kirkham declared the motion carried. L REGULAR COUNCIL MEETING OF OCTOBER 6, 1969 PAGE 3 •PUBLIC HEARING ON 1970 BUDGET; The City Manager reported that there has 'been no settlement with the union as et and that they have been working very hard on the budget, and it is hoped that it will be ready for the next regular Council Meeting. MOTION by Councilman Samuelson to table consideration of the 1970 budget to the next regular Meeting of October 20, 1969. Seconded by Councilman Liebl, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 4L CONSIDERATION O/AGREEMENT BETWEEN CARL HIPP AND CITY OF FRIDLEY REGARDING REZONING ZOA #68-13) ON 69TH AVENUE: The City Manager explained that this is the agreement the Council instructed the City Engineer to prepare. The City Engineer said that this is the piece of property. Hammerlund Enterprise~ started to rezone. The Council had authorized signing the agreement before, but due to the death of the man handling the rezoning, work was stopped. It is now signed by Mr. and Mrs, Carl Hipp and the Corporation, Ricq Creek Developers. Authorization is needed for the Mayor and the City Manager to sign the agreement. The City Attorney said that he had examined the agreement and everything seems to be in order. I MOTION by Councilman Sheridan to authorize the City Manager and Mayor Kirkham I. tQ sign the agreement. Seconded by Councilman Liebl, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. FIRST READING OF ORDINANCE FOR REZONING (ZOO #69-08A) KAYE W. WE$TERLUND: The City Engineer reminded the Council that this is the property that was being held up while waiting to see what the land developers to the east would be doing. Councilman Samuelson apked if this would bring it up to a specific elevation, The City Engineer said yes, He said that there is a different property owner to the south and that the City is not getting as much land from this parcel as from the Rice Creek Developers' parcel. Mr. Westerlund said that he did not know who the owner of the piece of property to the south is, He said that he believed that the owners of the south piece are also thinking of reZon�nq to Multiple dwellings. Councilman Samuel- son said that the Council would like to consider the whole area together, rather than piece-meal, Mr, Westerlund asked if the Council, would like him to try to pick up the additional land, The City Attorney said that this ordinance could be passed on first reading with the condition that theytry to pick up the additional parcel for City use, Councilman Samuelson said that ,he felt that the City should proceed with the rezoning as it would be A benefit to the City to tie all the land together, He would like to have the first reading tonight and the second when the land dedication is made. The City Engineer suggested that an agreement could be drawn up similar to that for the Rice Creek Developers, Mr, Westerlund said that this would be agreeable to them and asked if there would be a , ,month limitation then, Councilman Samuelson said that this has been standard Council, policy, but the ammonths time period could be waived if necessary, Councilman Sheridan added that the Council felt that it shQuld not be left open for a great length of timer brat if some pr9gress is evident and some details being com- ylsted, it could be extended. Mr, Wisterlund gaid that he thought the six l _ REGULAR COUNCIL MEETING OF OCTOBER 6, 1969 PAGE 4 M opth* Would be adequpLte. Councilman Samuelson said that the City Ungineer • and the Assessor will work together on the ownership of the property to the south and that the agreement should be ready for him to pick up by the end of the week. NQT�ON by Councilman sfinuelsgn to approve the Ordinance on first reading and waive the reading, with the underptanding that an aqVqement be formvlatefA and signed before the second reading of the Ordinange, seconded by Councilman Sheridan. Upon a roll call vote, Sheridan, Kii;k,44ra, Leibl and Samuelson voting aye, Mayor Kirkham declared the motion carried. EECgIVING THE N . QUESTIONNAIRE FROM PROPERTY OWNERS AND CONSIDERATION QF REZONING g'NE)- IMPROVEMENTS 'IN HYDE PARK AND CITY VIEW ADDITION: Mayor Kirkham asked it the tabulation represented only those responding. The City Manager said yes. The City gngineer said that there wrc;re About 83 letters sent oVt and 48 were returned. Mr, Schmedeke brought in about 22 by handr MOTION by Councilman Gherjdan to rpceive the vgting tabulation sheets. Seconded by CQancilm4n Lipbl, UpQn 4 voice vote, all votl,ng aye-, 144yor r,.irkham declared the motion carried. Mrs4 Marvin OlDerg, 5947 2� Street, asked for the results to be read from the tabql4tjQn, Councilman Samuelson read them aloud. Mrs. O�Berg asked when this will be considered again, Councilman Samuelson said possibly it will be cin the Agenda for the next regular Meeting. He said that be would like an • opportunity to study the results more. Mrs. OTBerg wondered why the Council chose to count no response as a yes vote. Councilman Ljebl told her that the tabulation does not include the no-response 'votes, only those who returned Q form, Mrs- Q'Berg questioned whqther most of the peoplq who voted f9r it did not live on 2� street. She said that in the previous discussion it was pointQ4 out that the, Ctiy is paying � for the sideways on �Mississippl Strut, but yet the City is not paying in any way fQr this. She said that she under- stood that the rezoning would not -go through unless there is a slip off ramp, She was afraid that the land would be taken 49 by small businesses and no Targe concern would come in, in this case, Vr9bably 2� street would stay the same, She said that she did not see how the Slip off Will do her any goad, and -that she will never benefit from this. Mr. Eldon Schmedeke said that he thought that the Public Hqaringq were over Qn this item, The City AttQrney said that the formal hearings were closed, Mr, Sqhmedckc then asked that the votes 99miP7 from Blocks 10, 23 and. 20 be discounted as they Are Qn the West side of A Street and would not be assessed. Councilman Li4pbj said that there were some of these included in the vote and Mayor Kirkham added that at first glance they seemed to about even out, These Ore the things that he said that he would like to study further, Mr. Sqhmedele said that this Was supposed to answer all the questions and that After receipt of the questionnaire, a decision could be made 500P, CONSIDEEA-TION OF COST PARTICIPATION FOP, TEMPORARY SIGNAL AT ROBERT LOUIS STZVE�SON SCHOOL; • The City Engine4r rQyprted that he did meet with the County and they are prQgeeding with A temporary signal, Thi Arr;ngement was the City would pay and the County Would pay � with tbg JjVh� pill-to be 941by the schQQj, wREGULAR COUNCIL MEETINC OFNOVEMBER 17r 1969 PAGE E 10 Bids for Outdoor Warning System Continued. Bidder Equipment Installation Total Coyer & Akins $19,173.18 $19,173.18 2011 3rd Avenue So. Minneapolis, Minn. Lehn Electric $11,574.00 $11,574.00 214 E. Main St. Anoka, Minnesota NOTE: * Does not meet specifications ** Installation of equipment furnished by Morgan Fire Equipment Co. The Civil Defense Director said that the bids received last Friday were quite favorable. He said that his recommendation is to award the combination bid of Morgan Fire Equipment Co. , Proposal #2 and Electric Service Co. , Proposal #2 amounting to a total of $24,260.00. Proposals #1, #2 and #3 are for different types of sirens, however, Proposal #3 does not meet the specifications. Councilman Harris asked how close this is to the estimate. The Civil Defense Director said that it is about $8000 under the estimate and about $1600 less than the bids received last year. He added that it is all taken care of in the budget, and that $16,200 is supplied by Federal funding. MOTION by Councilman Samuelson to award the bid to Morgan Fire Equipment Co mpany in the amount of $17,160 for the equipment and to Electric Service mpany in the amount of $7,100.00 for the installation. Seconded by Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF CONCEPT APPROVAL FOR RICE CREEK DEVELOPMENT ABUTTING / 68TH AVENUE AND STINSON BOULEVARD: The City Engineer explained that the first reading of the Ordinance for rezoning has been held and the second reading was held up pending receipt of an executed agreement. This completed agreement has now been received by the City. He showed the plans for the development to the Council and said that they are requesting 274 units rather than the original 312, and the plans include 36 town houses. It was his opinion that the town houses will help to make the area take on more of a residential nature. The developer also feels that the town houses will be an asset. There is a 160 foot north-south strip of land that will be used for public recreation and will include a tennis court, sled area, barbeque, playground equipment, basketball court, sand box etc, and the complex will have a swimming pool for the tenants. A public easement will provide access to the open space to the south. He said that the developers have tried to leave the wooded area in it's natural state as much as possible. The plans for the recreational facilities have been supplied to the Director of Parks and Recreation and the agreement is that the developer will put in the facilities for the recreation, but it will be for public use and the City will maintain them. REGULAR COUNCIL MEETING OF NOVEMBER 17, 1969 Councilman Harris suggested the Administration and the City Attorney going through the wording of this supplement and changes in the Master Use Agree- ment to see if the wording is clear and that the City Attorney agrees. Councilman Harris pointed out that #9 and #10 of the agreement have not been completed. The committee is still working on them and will continue to do so until completed. The Master Use Agreement is putting the City in much the same position as with the Supplemental Agreement. Councilman Samuelson asked if the funds that have already been paid in for REC charges and being held by the City will then be refunded to the user. Councilman Harris pointed out that there is a court case pending relative to the REC charges and the District is requesting the City to pay. If the change is made in the Master Use Agreement, it is a forgiveness for all REC charges owing and it would absolve the responsibility. Councilman Samuelson said that in that case would not the funds the City currently has in escrow be refunded back -to the people who made the original payment. Councilman Harris said that he understood that was the Council's intent. He explained that what is being done, to determine a zero balance, the committee has gotten all the funds of the District lined up. In doing so the committee is working to determine a percentage share of each com- munities equite based on paid up capital. He said he would recommend approval after it has been examined by the Council, Administration and the City Attorney. MOTION by Councilman Harris to receive the information from the North Suburban Sanitary Sewer District and ask the Administration and the City Attorney to review and report back to the Council at the next Council Meeting. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. It was agreed by the Council that the Adminstration is to review the Master Use Agreement and draw up a resolution for inclusion in the Agenda for the Meeting of December 1, 1969. RECEIVING THE BIDS AND AWARDING CONTRACT FOR PUBLIC OUTDOOR WARNING SYSTEM: (Opened 12:00 Noon, November 14, 1969) Bidder Equipment Installation Total Morgan Fire Equipment Co.Prop.#1 $18,365.00 $10,665.00 $29,030.00 P.O. Box 4184 Prop.#2 $17,160.00 9,480.00 26,640.00 Madison, Wisc. 53711 *Prop.#3 $17,010.00 10,255.00 27,265.00 Electric Service Co. $20,814.00 $ 81910.00 $29,724.00 1609 Chicage Ave **Prop. #1 7,700.00 7,700.00 Minneapolis, Minn. **Prop. #2 7,100.00 7,100.00 **Prop. #3 6,900.00 6,900.00 Minnesota Fire Inc. $19,897.92 $19,897.92 2476 University Ave. 2% - 10 days St. Paul, Minn. i REGULAR COUNCIL MEETING OF NOVEMBER 17, 1963 PAGE 11 MOTION by Councilman Harris to approve the concept for the Rice Creek Development. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #197-1969 - RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LOT 3, BLOCK 2, RIVERWOOD MANOR, AND COMBINING THE SOUTH 9 FEET OF LOT 3, WITH LOT 4, BLOCK 2, RIVERWOOD MANOR ADDITION: MOTION by Councilman Harris to adopt Resolution #197-1969. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CONSIDERATION OF TRAFFIC IMPROVEMENTS PROGRAM FOR 1970: The City Engineer explained that on Pages 52, 53 and 54 of the Agenda is a letter to Highway District #5 outlining the things the City would like the State to do in the next year. Councilman Harris asked if any consideration had been given to a trip switch type of signal for the intersection of 69th Avenue and T.H. #47. He felt that this is the type of signal that should be installed. Councilman Harris suggested that arrows for the east-west traffic on Mississippi Street for left hand turns are needed and could be included in the outline. There have been complaints from the Red Owl Store and the shopping centers west of the intersection on the traffic being backed up beyond their driveways. Mayor Kirkham read a letter aloud from the Minnesota Highway Department concerning interim measures that have been taken at the south half of East River Road and I. 694 interchange, signed by N.R. Osterby, District Engineer. MOTION by Councilman Samuelson to receive the communication from the Department of Highways, District #5 dated November 13, 1969 and direct the City Engineer to include the east-west turning arrows for left hand turns at the intersection of Mississippi Street and T.H. #47 in the outline to be sent to District #5. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPOINTMENT: PLATS AND SUBDIVISIONS - STREETS AND UTILITIES SUBCOMMITTEE: Mayor Kirkham suggested an engineer named George Meissner, 376 Mississippi Street N.E.to replace Donald Batterson for a term expiring December 31, 1970. MOTION by Councilman Samuelson to appoint George Meissner to the Plats and Subdivisions - Streets and Utilities Subcommittee. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPOINTMENTS: CITY EMPLOYEES: Name Position Replaces Mary J. Hintz Department Secretary Beverly Strand Vicki Chambers Clerk-Typist Mary Hintz 10221 Filmore Place Blaine, Minn. 55433 r REGULAR CJUN:'IL MEETING OF NOVEMBER 17, 1969 PAGE 12 Name Position Replaces Ferne M. Insley Accounting Clerk Betty Johnson 1475 15A St. N.W. Special Assessments New Brighton, Minn. MOTION by Councilman Samuelson to concur with the appointments. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPOINTMENTS: MEMBERS TO COMMITTEES OF THE METROPOLITAN SECTION OF THE LEAGUE OF MINNESOTA MUNICIPALITIES: None of the Council Members wished to make an appointment. CLAIMS: MOTION by Councilman Harris to approve payment of General Claims #19751 through #19919 and Liquor Claims #3867 through #3927. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF CLAIM FOR DAMAGES FOR BRUCE HOCH, 7815 APEX LANE, FRIDLEY, MINNESOTA: MOTION by Councilman Sheridan to pay the claim for $62.75 (the difference between the estimate paid and the actual cost) to Bruce Hoch. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. LICENSES: MOTION by Councilman Harris to approve the following licenses: General Contractor By Approved By Quality Building Supply Ron Lybeck NEW Building Inspector Route 5, Box 202 Excelsior, Minnesota Willard Weikle NEW Building Inspector Earl Weikle 4533 Snelling Ave. S. Minneapolis, Minnesota Christmas Tree Lot Dairy Queen Ernest L. Fitch Fire Inspector 280 Mississippi St. Fridley, Minnesota Frost Top Sherman Hanson Fire Inspector 7699 Viron Road Fridley, Minnesota Target Floyd Newcomb Fire Inspector 755 53rd Avenue NE Don E. Newcomb Fridley, Minnesota REGULAR COUNCIL MEETING OF DECEMBER 15, 1969 PAGE 6 for a long time, and he wanted to be sure that it was something the people could live with. Mayor Kirkham said that the solution was no closer than when they started. He advised Mr. Dumphy that to put it to a vote now would mean failure, so it would be better for his interests to try one more time. ORDINANCE #443 - AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: (Hammerlund - ZOA #68-13) MOTION by Councilman Sheridan to adopt Ordinance #443, waive the reading and order publication. Seconded by Councilman Sameulson. Upon a roll call vote, Kirkham, Liebl, Samuelson, and Sheridan voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF AN ORDINANCE UNDER SECTION 12.07 OF THE FRIDLEY CITY CHARTER TO VACATE STREETS AND ALLEYS AND AMEND APPENDIX C OF THE CITY CODE: (Five Sands - SAV #69-07) MOTION by Councilman Liebl to table this Ordinance to the Meeting of 'January 5, 1970. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF AN ORDINANCE UNDER SECTION 12.07 OF THE FRIDLEY CITY CHARTER TO VACATE STREETS AND ALLEYS AND AMEND APPENDIX C OF THE CITY CODE: (Thomas Albers SAV #69-10) MOTION by Councilman Sheridan to table this Ordinance to allow for the description to be corrected. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. REAFFIRMATION OF REVISED REGISTERED LAND SURVEY, CAR WASH, N WQUADRANT OF MISSISSIPPI STREET AND EAST RIVER ROAD: The City Engineer said that this registered land survey was approved by the Council subject to revision at the last meeting. It has now been revised and brought back as instructed. Councilman Liebl said that Mr. Kubow had expressed concern about the storm sewer and wondered if it had been corrected. The City Engineer said that he knew nothing of any problems and that Mr. Kubow had not come into his office. The City Attorney said that approving the registered land survey would not in any way affect the liability of the developer on any storm sewer problems. MOTION by Councilman Liebl to receive and reaffirm the registered land survey for the northwest quadrant of Mississippi Street and East River Road. Seconded by Councilman Sheridan. Upon a voice vote, Sheridan, Kirkham, Liebl voting aye, Samuelson abstaining, Mayor Kirkham declared the motion carried. FIRST READING OF AN ORDINANCE AMENDING FRIDLEY ORDINANCE #78: (Snowmobiles) Councilman Samuelson said that he has received a number of calls regarding snowmobiles. Mayor Kirkham said that he had also, but less since the Resolution was published. The City Attorney said that the word "Court" should be stricken from the heading. REGULAR COUNCIL MEETING OF DECEMBER 15, 1969 PAGE 5 mission approved the complex with 108 units and if it were to be reduced, the recommendation should have come from that body. Councilman Samuelson pointed out the 10% factor and the City Attorney read from the Planned Development Ordinance that part which pertains to the leaway allowed. Mr. Solverson pointed out that he could have said 104 units and with the final plan have had 108 and still have been within the 10% leaway. He said that he felt that they have followed the Code to date. Councilman Liebl said that they were not following the Code or they would have had 104 units. Mr. Solverson said that to redraw the plans would mean a delay of another six months. Councilman Liebl said that his biggest concern would be that another apartment house may be pushed in there. The City Attorney said that PD does not permit industry or single family residences, and requires approval of the Council. The construction can proceed in stages but each stage must be ap- proved by the majority of the Council. Mayor Kirkham commented that it would be permissible to redraw the line between the commercial and residential to come up with enough land area in the multiple portion for the 108 units. The City Engineer said that this would then reduce the size of the commercial structures. The City Attorney pointed out that the applicant can still vary 10% after the plan is approved. Mr. Solverson commented that he would think that the Council would want to see the best building possible in there and it is their feeling that the building utilizing the plan for 108 units is the best. Councilman Samuelson said that there has to be some degree of flexi- bility for the architect to work within. Mr. Solverson said that they could not come back in with anything, such as 110 units, without redrawing their plans again. The City Engineer pointed out that if these plans should fall through, the Ordinance has already been passed, but a new set of plans would still have to be approved. Mr. Dumphy said that if he were to take meaningful square footage and add to the residential site, it would mean taking the house off. He said that they might then run into trouble with the commercial portion. He said that there may be trouble with the legal descriptions if this were done. The City Attorney asked if there would be any advantage in taking the house off and Councilman Liebl said that the house was to act as a buffer. Councilman Liebl asked Mr. Potts if he had any comments as a resident of the area. Mr. Potts answered that there is another house bet- ween his and the one in question. He said that he thought that it was too many units and that he still had reservations concerning the traffic problem as was brought out at the Public Hearing. The original plan sold to the people was for town houses, and he said that he could not help wondering how much further Mr. Dumphy will deviate from the original proposal. He asked Councilman Samuelson if he had ever taken a poll of the feeling of the people in the area and Councilman Samuelson answered that he had not. The City Attorney said that the Council must operate within the law and this is a matter of what can and cannot be allowed within the Ordinances. There is a point beyond which the Council cannot go. There should be an attempt made to come to•a satisfactory agreement between the land owner and the Council. Mr. Dumphy said that he has already agreed to give a strip of land along East River Road. He said that he has tried to take a piece of land that has laid dormant many years and make it a money making, tax paying operation. He said that for the length of time he has tried to move, he felt that there should be some action under the Ordinance. It is not his fault that there has not been a full Council. Councilman Liebl said that he did not feel that his request for time to go over the plans with the City Engineer was an un- reasonable one. He said that he was not ready to vote as yet. When this plan originally started, it was for town houses. This project will be in the area li Division #1690 �; I Made this.........................19t11........day of........,Amguit......................................., 19.6.7....., f f ibetween...................Carl..Hipp..an&.Pearl..Hupp,...ausbaad.,a.nd..wife................................................................................................... of the County of..................R.amaey.............................................and State of........Minneanta,.......................................................... , part.ies... of the first part, and.. .V111age..af..New.Bxightan.. ................................................................................................ a corporation.under the laws of the State of.....................Minnesota.....................................'......party of the second part, ` WitneVICI'lj, That the said part.des.• of the first part, in consideration of the sum of I � +v- - 4►fie. 'hptisa�l4�.. X..�lu1?S�'ed.a d.no(100.-.-.--.-.-.-.-.-.-.-.-.-.(.1..5...4....00)-.- 7=7..n.-.:7...DOLL.4RS, I v to., .them,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,in hand paid by the said party of the second part, the receipt whereof is - hereby acknowledfed, do............ hereby Grant, Bar6ain, Quitclaim, and Convey unto the said party of the second part, its successors and assigns, Forever, all the tract...... or parcel...... of land lying and being in the County of.............................Anoka ”,;....,,,..,,,..,,.....,............and State of .Minnesota, described as follores, to-MU' The fee simple in the land hereinafter described in the 80 foot wide tract to be taken for Rice Creek Channel change purposes, the owners to retain the right to use said land for any purpose not inconsistent with the purposes for which this land is acquired, the centerline of which is ,0 described as follows: Beginning at a point on the East line of said Northeast 1/4 of Northeast I 1/4 distant 250 feet North of the Southeast corner thereof; thence West at right angles a distant of 300 feet and there terminating. j . • f A permanent sewer easement over the Northerly 40 ft. adjacent to and lying Southerly of Minne- sota Transfer Railway right-of-way of the East 3/4 of the ;Northeast 1/4 of the No ` 1/4 of j Section 13, Town 30 North, Range 24 West, Anoka County, Minnesota., �M j i UDIT02 l DATE PROC. j DEED TAX DEED TAr., ,r rr,.. \,-� �[[L ;{� r(� a`r cC a 1c�7 j ASSESSOR j913-10 Add to description: 1 .39 acres left Also add to description: Sub,l. o ease. to pill. of New Brighton q.c.d. 12/5/67) NPN 53913 � . 450 Assess. name: Village of New Brig:'Iton Taxpayer: NO Taxpayer as this property is _vufor 1967 assess, Taxes payable School District: 11+ in 1968 Acreage: 0.55 acres Description as above I P �l o t ''fjr,'/ "���^�e �.;1 Vii;�r� ` - I State :tied lac Dve hereon X2.20 rI iI To �r)abe Ttlb to �[)olb tije .Zt1ZC, 'To,%ether with cell the-heredi,ta-ments a71d appurtenances there- j uItto J/cjon Ii,i or in anytuise,, apper•taininn, to tor, said party of the second part, its successors and assigns, Forcucr• I 1Y "cOt'111011p ZJT,fjercof, The said part. !as. of the f rst part ha...ve... h.ercunto set........their............... � 111 .7 -4 a _7-- vnv;.Hr7L. TO: Ai;0NA CULiMAIa It�SL��O i 1;t0;r: lli;G;u1 CQu'PA AUDi'10;t j /l Quit Claim Deed ' drtcll August 10, 1967 lege�, 111:.'Gi'ULic11'i; � L1L1CJ b�,c�t YJr�?aCU'�Cc3 t0 t:h'LS 4A. ti'�:1�iL^.i' il� w,�1C Ori • �1 y,,.,, _ __ Plug; ;J, if ocatcd in the :-C-V of City of Fridley C. (unplatted 53913 Scc. 1 � ;, ,!'C',T 1t 10 rd�x'anoferl)1- Cb Bart or: PI-NT a. � 7�'...r_ description attached D::acA ibed as TO Village of New Brighton _ cu: Iz rlCC.Sc cdVI.;;C tI'AI.G 0:UICC'. (1;; to i;'Lc xat-u o Gtatu3 Gi proms cr ty, if it iti t0 )c Tax �N;Cii'11V kkliJ. 7.1 GO NJlIAv CILI'tc ci- CC,-.L C OR if S.i: iG .'�O 7'ca:U.iTi O.^^• tc�l►c:b1C i):.'VJCl'v;�r. xf ro final. deter,�I.nataon CCu be iiae-o at thiL; 1ifAc p1CaGe C1�+�isc; tllii; Oia 1.0 ..Ll ►1J:d to i`:.ti7C1).o thiG until 'trio nCXv COCCG C;1t Ci1'Vc Cv:uC:i. oy�� Auditur December 20, 1967 Per information from the Fridley City Assessor, we would advise that the above described property be '1C=i•.d'`1' for the 1967 assessment, taxes payable in 1968. „\Crib CCU:e—Y OFFICE ego r .. �. ...—__ w_...•.: j �� .�i L 111 — Z f n< <. ...•- 1r.3 r �t)r'. �fy- -'—_fj7--pff E f 9 1 .57 Z7 V V ` a ^ %�'�f �� �� N LZ y �— srT - �, � Z •. J .. £l ,� rte%' -- — c__ __ ��� �, 6�. :. 'of ZT --.•.�E 1' ZTCe ZT P° „�.4 - ��i.to - e, 'T� / .,,�. ^4.' 'l YeE:y,�t.�(� '..✓fb--i S.v d• 7T -" .i.cjsr D ill l ' +• S•Z hi On r n r1 ti � ' tOc U ftil t s f i f . . 1f u i STATE - OF MINNESOTA COUNTY OF ANOVA MUTUAL AGREEMENT THIS AGREEMENT made and entered into this day of April 1969 , by and between Carl Hipp and Pearl L. Hipp , hereinafter referred to as the "property owners", ,and the City of Fridley, a municip-: corporation, hereinafter referred to as the "City" . WHEREAS, the property owners have petitioned the City to rezone the following property from the present R-1 zoning classifi- cation to R-3A zoning classification. The East 3/4 of the NE 1/4 of the NE 1/4 of Section 13, T-30, R- 24 , City of Fridley, County of Anoka , State of Minnesota. WHEREAS, the City Council finds that the rezoning of this area to a R-3A zoning use district will be in the public interest , welfare , and convenience to the people of the City of Fridley provided that certain dedications are made to .the City of Fridley -and provided further that the owners agree to day out , develop , and maintain said property according to standards agreed to in advance by the parties hereto. Consideration for this agreement shall be the rezoning of the property described .above from a R-1 zoning to a R- 3A zoning use district , owner to be able to build a 312 unit apartment complex on the property left after the dedication of the portion of the property to the City of Fridley, and the mutual benefits to each of the parties hereto . The parties , their successors and assigns do hereby covenant and agree as follows : i 1) That the property owners agree to : a) Dedicate the South 687 feet of said property to the City for public use . b) Dedicate a 40 foot strip of land along East boundary line of the property for the purpose of road right of way. c) Dedicate easement of 33 feet wide running along the Westerly boundary line of the property for the purpose of road access to the South 687 feet of property. d) Property owners agree that the development of said property including plans and landscaping , building design, material , setbacks , off street parking, and screening for exterior storage shall be subject to the approval of the City Council at the time the building permit is requested. e) Property owners or their tenants shall not occupy said property or building until receipt of a certificate of occupancy which shall be issued only upon compliance with the Fridley City Ordinances and the terms of this agreement . £) Property owners agree that items a) , b) , c) , and d) under Section 1 of the agreement will be completed before the second reading of the Ordinance , and that the second reading must be before March 15 , 1970 . It is mutually agreed that the provisions ' of this agreement shall be binding upon and enforcible against the parties hereto , their successors and assigns and all subsequent owners of the property here described . An executed copy of this agreement shall be filed with the Anoka County Register of Deeds and made a part of and be binding upon the above described property . J. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this -�� day of -G.f=G 19� In Presence Of A�4 (Property Owner) -- Carl Hipp - CPrope_rty__Owner) -_ Pe. r . L . Hipp. STATE OF MINNESOTA ) -- - - ) ss . COUNTY OF On this day of19before me , a Notary Public within and for said County, personally appeared and to me known to be the persons described in, and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed . G. H. BLOMGRi=N ' Notary Public,Hennepin County,mmw, My Commission Expires Dec.is,.19f.9, IN WITNESS WHEREOF, the parties hereto have set their hands this. day of 19 In Presence Of CITY OF FRIDLEY A Municipal Corporation By MAYOR - Jack 0. Kirkham By CITY MANAGER - Homer R. Ankrum STATE OF MINNESOTA ) ss . "COUNTY OF ANOKA ) On this day of 19 before me , a Notary Public within and for said County, personally appeared and to me known to be ' the persons described in, and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. r The undersigned officers of the corporation have read the agreement between the property owners Carl Hipp, Pearl L . 'Hipp, and the City of Fridley, concerned with the rezoning of the property yand as this corporation is the contract of deed purchaser, we agree and accept all conditions of the said agreement. IN WITNESS WHEREOF, the parties hereto have set their hands this C-1 day of._ i In Presence Of RICE C1RFEK I'iEi/ LOpI S Corporation Name t " esi - nation)` Designation i STATE OF MINNESOTA ) -- COUNTY OF } _ On this day of 19 , before me," a Notary Public f within and for said County, personally appeared andti �� ,�, P ;,lCit.e :U to me personally known, who , being each j , by me duly sworn did say that they are respectively the fand they'/ �; , /i �; &6_414, of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporatee seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of and said and acknowledged said instrument to be the free act and deed of said corporation. ) //G] ��...=iiTr' ��`�.�.•��v�a.�.=...moi��.I( /� f ����,�fn.�� v4otary F P: A•iok-j County, Mini My torr.«risJ3n Expaes Sept. 27, 19,714- o/ Form JPR !S w>i wr STATE OF MINNESOTA PROBATE COURT 127043 COUNTY OF RAMSEY ...... File No... ............................. APR 8 - 1970 L. P.1cKENZ1E, Clerk Re Estate of By I H. A. Carl P. F-lipp aka Carl_ Hipp Letters Testamentary Decedent. Said decedent having died— �`�' • �-� ,19 70 Pearl L. Hipp is hereby appointed execut r'i X _ herein. IN TESTIMONY whereof the Judge of the above named Court has set his hand and affixeO the seal of said C �t this )1 day of .y 19-z:::� (Court Seal) robate Judge. 1 1,7777 "F777 FT J 1.7 I !, TITY, ' r 't� LAST W-11,1- AND TESTAMENT_____._ OF i CARL P. HIPP I , Carl P. Hipp, of the City of St. Paul, County of Ramsey, State of Minnesota, being of sound mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all former Wills made by me. First: I direct the payment by my Executor out of my Estate all of the expenses of administration, funeral expenses , expenses of my last illness, all of my debts allowed in the course of admini- stration, and all inheritance, estate and legacy taxes . Second: I give, devise and bequeath the balance of my Estate, real, personal and mixed property, wheresoever situated, to my Wife Pearl L. Hipp, if she survives me. Third: In the event my Wife, Pearl L. Hipp, does not survive me, I give, devise and bequeath the balance of my Estate, real, per- sonal and mixed property, wheresoever situated to my following children, equally: Ann Hipp, Charles Hipp, Michael Hipp, Rosemary i Hipp, and any other children born after the date of the execution of ithis my last Will and Testament. I have in mind my children, Kathryn Hipp and Robert Hipp at this the time of my last Will and Testament, but it is my desire that they take no part of my estate. Fourth: I hereby nominate and appoint my Wife, Pearl L. Hipp, to be gxdctitor. - : of this my Last Will and Testament . I hereby I give my ExO_cuttor:•).,: full power to sell, convey, lease, or mortgage any. and .all the real estate that I may own at the time of my death without license or leave of Court. in ' - 1 - c r IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament day of this � - ff� �CV�-'1� SIGNED: Carl P. Hipp The foregoing instrument, consisting of two (2) typewritten pages, including this page, each bearing the signature of the above- named, was by him on the day hereof signed, published and declared by him as and for his Last Will and Testament, in our presence, who at his request and in his presence have hereunto subscribed our names as witnesses, we believing him to be of sound mind and memory. . Cv residing at �1 residing at 22 ti LECERTIFICATE OF PRO IT � CVNFr that this Instrument hes been proved an adrrift,A r) n►.,l . rrrtchhl- MAR 4 — 1970 1e law in �� n•��,F. C'�„,� of Ra�nsw C 6 Min cote, et' s VI►A •..... ........ ul the lestawr ne ; JGNN L McKENZIE, Cle Deccd..,.�p.0c �19 Z B E.C.M. (Court Sal) Probate Judy 2 - CERTIFICATE WW2- 888 STATE OF MINNESOTA COUNTY OF RAMSEY PROBATE COURT I, JOHN L. McKENZIE, Clerk of Probate Court of said County,do hereby certify that I have compared the annexed copy of LETTERS TESTAMENTARY LAST WILL AND TESTAMENT AND CERTIFICATE OF PROBATE IN FE : Estate of CARL P. HIPP. , Decedent. with the original records and files preserved in said Probate Court, and that the same is a true and correct transcript therefrom, and the whole of said original records and files. And t furtbor cert;ty tb t t ,. above Italic r'' �n liivi��d Of dt IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the seal of the Probate Court of said county, at St. Paul, in said County, this 28th. day of October. A. D. 19—Ll- of 971of P bate coidt, Rams unty, Minn. me I . CERTIFIED COPY I I , I I ANDREW A. GLENN Probate Judge Ramsey County, Minnesota Made. this ................ day of-It ........ _1071.... between ..........PWIX-1....h......M.Pp ................................................................................................................as .............. of the Estate a*k*a***'*C*a'r"1­*Hipp deceased, part.......-. of the First part and City Of ... a municipal cooperation organized Under the iaws*'*"*of'-**'t-"heSt"ate of ............................................. ......................................................................................................................................................................................................................................................... of the County of..H9XIX.I9PjKk...................................................and State, of.....N;L;jpqs-0Ia................................. part.- Y.-..-of the second part, WWICOWD, That whereas ....Carl P. Hipp, aka Carl Hipp .............................. ................................................................................................................................................. 1---,...--*_-*****9t'-*...*P�6ii*l **'*"*"*"**',**" ****"",*****"**'I............M�0-6y....................................................... lateof the....CMY...........fft�§.........!..............................................I in the County of............................................................... and State of.....Inne s ............... ..............................................:.........., deceased in ......................life-time, made and executed...........-... ...... Last Will and Testament, bearing date the...........2.n.d"­..........................day of.........October ................ ....h-6-1-1111*1-1-11 -1-111-1 19............. whereby among other things, ......he constituted and appointed ...PP�qKl....L......... ................................................... ..................................................................................................................................................... execut...K4W.............................sail Last Will and Testament, and did***t`hereby**e`mpo`wer the said execut.rix to sell and dispose of the real estate belonging to the said testat.e..............at the time oKh.i.s......................death, which. will rvas duly admitted to probate on the........31st.............day of...................Marc........................ 19:72., by the Probate Court of.......R Mgg�y....... ............. ........ ........................ County, Minnesota. Poln, Zberiefore, The said part.y. .........of the first part, by virtue of the power and authority to . ..........:..................liven in and by the said Last RIZI and Testament, and in consideration of the sum, of ...................................................One .............4.................................................................................................................. DOLLIBS, • do............hereby Grant, Bargain, Sell, and Convey, unto the said party........of the second part,.................................... ..................and assigns, forever, all the tract............ or parcel............ of land, lying and being in the County of -_Hennepin,........................................and State of Jrinnesota, described as follows, ft-wit: 1. The South 687 feet of the East 3/4 of the Northeast 1/4 Of the Northeast 1/4 of Section 13 , Township 30, Range 24, Anoka County, Minnesota . 2. An easement for street purposes over the Easterly 40 feet of the East 3/4 of the Northeast 1/4 of the Northeast 1/4, excepting the South 687 feet thereof and further excepting that part thereof taken for railroad right-of-way in Section 13 ,Township 30, Range 24, Anoka County, Minnesota . 3 . An easement for street purposes over the Westerly 33 feet of the East 3/4 of the Northeast Quarter of the Northeast Quarter, excepting the South 687 feet and the North 33 feet thereof in Section 13 , TbT,,,nship 30, Range 24, Anoka County, Minnesota . 4. An casement for street purposes over the following described tract : Commencing at the North-vast corner of the East 3/4 of the' Northeastl 1/4 of the Northeast 1/4 Section 13, Township 30, Range 24; thence 'East along the North line Of said Northeast 1/4 of the Northeast 1/4 of Section 13 a distance of 33 feet ; thence South parallel to the V,!3st line of the said East 3/4 of the Northeast 1/4 of the Northeast 1/4 a distance of 33 feet to the actual point of beginning; thence, continue South parallel to said line a distance of 20 feet; thence deflect to the left 1350 along a line to a point that is located on the south line of the North 33 feet of said F'ast 3/4 of the Northeast 1/4 of the Northoast 1/4- of Section 13 ; thence V:�st to the point- of baginni.ng, Anoka Count Minnesota Memo To Gerald R. Davis 1 Page 2 Re: Ordinances Date: November 22, 1971 0 C�` � Ordinance #443 7 � `` Z ���"� '�.%�•G,�G'-t-s f)� �GX•O�.t'vL.rL•Gn K � L1�•Pif��Z� -./j%� / This ordinance was a Rezoning Request ZOA #68-13 to rezone from R-1 to R-3A by Hammerlund Enterprises Inc. and is located south of 69tH�� Avenue and just west of Stinson Boulevard. (This is the area RogerAt Larson is putting in his townhouses) The second reading was December -`� - 15, 1969 and received a Code Section Number of Appendix D-89. The publication was withheld pending receipt of some P g p park dedication, a slo��� easement and an easement for Stinson Boulevard. These have just been received. This particular situation points up my contention that it serves no useful purpose to pass an ordinance cnsecond reading with the publication held. These is always the chance that a developer's plans may change, as in this case. \ lOrdinance #460� �/✓f��� This ordinance is for Rezoning Request ZOA #70-04 to rezone from C-1 and M-1 to C-2 by Cpt. James L. Robinson for an area on the south- west corner of Central Avenue and 73rd Avenue. The purpose was to Put- in a Skelly Oil Station. The second reading was held July 20, 1970 and publication was withheld pending receipt of deeds for turning lanes. The ordinance has received the Code Section Number of Appendix D-92, Mr. Robinson has vacated Brooks Street by ordinance, has had his plans approved and was granted a lot split. The easements have been received but this ordinance has not been published as yet. Ordinance #477 This ordinance was for the Rezoning Request ZOA #71-01 by Viking Chevrolet for an area west of University Avenue and north of proposed 83rd Avenue. The request was to rezone from M-2 to C-2. The second reading was held April 19, 1971 and held upon receipt of deeds, ease- ments and rights of way. It received a Code Section Number of Appendix D-96. Viking Chevrolet did not get site approval from Detroit, so they are now locating where Edison Homes is. This situation should be - cleared up as I understand the owners of the property are advertising it for sale on the premise it has already been rezoned when in fact it hasn't. The Engineering Assistant has informed me these deeds have now been received. Ordinance #482 � r���j7�-�=rc-�--'`% c-�,��-��; �C�^uec�r�y�•>��c-u�� � 4 This is a Rezoning Request ZOA #71-04 �y Bryant Investment Co. (William Barbush) to rezone from M-2 to C-2 an area along University Avenue south of 83rd Avenue. The second reading was held July 19, 1971 and received a Code Section :vumber of Appendix D-98. The publi- cation was 'withheld until the dea3s have-- been submitted and the details for the transfer of park property have been completed. The Engineering Assistant has informed me these easements have been received. ORDINANCE NO. 443 AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: The North 813 feet of the East three quarters (E 3/4) of the Northeast Quarter (NE-1-4) of the Northeast Quarter (NE-I4) of Section 13, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota Is hereby designated to be in the Zoned District known as R-3A (apartment and multiple dwellings) SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area from zoned district R-1 (single family dwellings) to R-3A (apartment and multiple dwellings district) . PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 15TH DAY OF DECEMBER, 1969. MAYOR - JACK 0. KIRKHAM ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: March 10, 1969 First Reading: March 17, 1969 Second Reading: December 15, 1969 Publish. . . . . . . : March 29, 1972 BUILDING STANDARDS-DESIGN CONTROL MEETING OF APRIL 22, 1971 The meeting was called to order by Chairman Zeglen at 8:05 P.M. MEMBERS PRESENT: Zeglen, Lindblad, White, Tonco, Gnerre MEMBERS ABSENT: None OTHERS PRESENT: Hank Muhich - Chief Building Inspector MOTION by Tonco to approve the minutes of the April 6, 1971 meeting as written. Seconded by White. Upon a voice vote, all voting aye, the motion carried unanimously. 1 . CONSIDERATION OF A REQUEST TO APPROVE THE CONCEPT OF A PRELIMINARY PLAN FOR A TOWNHOUSE DEVELOPMENT TO BE LOCATED ON THE NORTH 813 FEET OF THE EAST 3/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, FRIDLEY, MINNESOTA, THE SAME BEING THE 1600 BLOCK OF 69TH AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY ROGER LARSON, 1050 OSBORNE ROAD, FRIDLEY, MINNESOTA.) Mr. Roger Larson was present to present the request. Mr. Larson stated that this would be a townhouse complex with 141 units. Each unit will be two stories above grade and will have a full basement . Each unit will have 1300 square feet. Mr. Larson stated that there will be a 33' easement along his property to be used as an access to the park land. He also said that he will be dedicating land to the City for park property. He will be supplying the equipment for the park but the City will maintain it . Mr. Muhich stated that it had been suggested by the City Engineer that a recreation building would be desired. Mr. Larson stated that beside the recreation area in the park, behind each unit there would be a private fenced-in area for family recreation. Mr. Gnerre stated that he did not feel that this type of development would require a recreation building. The rest of the Board concurred with this . In checking with the City Ordinance the Board agreed that a recreation building for a townhouse development would not be required. The Board suggested to Mr. Larson that perhaps he should discuss this with the City Engineer. MOTION by n�to recommend approval of the general concept of the townhouse development. Seconded by Lindblad. Upon a voice vote, all voting aye, the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO CONSTRUCT A T01MOUSS DEVELOPMENT TO BE LOCATED ON LOTS 3 AND 4, M=K 2, HAYES RIVER LOTS, THE SAFE BEING 5950 ANNA STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY NEW CONCEPTS RESEARCH CORPORATION, 1811 UNIVERSITY AVENUE N.E., NnOMAPOLIS, MINNESOTA.) Mr. Hoffineyer was present to present the request. f� f Planning Commission Meeting - May 5, 1971 Page 2 that the vacation would not affect that area. There are no utility problems. He felt there should be a turn around on 78th Avenue near the railroad tracks as 78th Avenue probably would never be vacated. Mr. Schmedeke did not see any reason to deny the request being that the owner is asking for it and there are no problems in connection with utilities. The Engineering Assistant felt a cul de sac should be provided with a 60 foot radius as that is the required size for an industrial area. Fifty foot radius is standard in residential areas. MOTION by Fitzpatrick, seconded by Minish, that the Planning Commission recommend approval to the Council of the vacation request, SAV #71-02, Juster Enterpri ces, Inc., Leonard Juster, President, to vacate the alley in Block 3 and Hickory Street between Blocks 3 and 4, Onaway Addition, and provision be made for a 60 foot cul de sac at the West end of 78th Street. Upon a voice vote, all voting aye, the motion carried unanimously. 2. CONFIRM PUBLIC HEARING DATE FOR SPECIAL USE PERMIT, SP #71-04, THOMAS ANNETT: 5949 Fourth Street - to build a second garage per Section 45.051, 2A. MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission confirm the public hearing date of May 19, 1971 for the Special Use Permit request, SP #71-04, by Thomas Annett to construct a second garage at 5949 Fourth Street Northeast under Section 45.051, 2A of the City Code. Upon a voice vote, all voting aye, the motion carried unanimously. 3. REQUEST TO APPROVE CONCEPT OF PRELIMINARY PLAN FOR TOWNHOUSE DEVELOPMENT, ROGER LARSON: North 813 feet of the East three quarters of the NEA of the NFh of Section 13. Chairman Erickson recalled that this property was rezoned R-3 about two or three years ago. At that time an apartment could be built for every 2,500 square feet. Townhouses require 3,000 square feet. Ordinance No. 443 was adopted on December 15, 1969 but tke publication was to be held up until certain agreements were signed. These agreements referred to the Southern most part of the property which was to be deeded to the City except 160 feet which could be used as density. Darrel Clark said he understood the probate court would be able to release the portion to the City prior to settling of the entire estate. He did not believe the petitioner was the fee owner yet. In discussing the rough drawing of the townhouse development planned for this area, the first impression was the area was full of buildings and parking lots. Chairman Erickson said the townhouse section of the ordinance is a new one. It was not studied by the Planning Commission, but was added after the Commis- sion finished their study. The ordinance permits townhouses in Fridley. If a preliminary plan is up for approval, the landscaping, etc. has to be shown. This plan does not show it. He felt the Commission would be within their rights to acknowledge the fact that the townhouse concept is all right in this area, but did not approve this one because the information furnished was not adequate. t Planning Commission Meeting: May 5, 1971 Page 3 He would prefer to see the garages combined with the structures so that one can see more green space. Peter Herlofsky added that either rental or owner townhouses are allowed in R-3. In R-1, the owner has to be the occupant. MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission table the request by Roger Larson to approve the. concept of the preliminary plan for a townhouse development on the North 813 feet of the East Three Quarters of the NE;4of the NE14 of Section 13, until the petitioner appears. Upon a voice vote, all voting aye, the motion carried unanimously. 4. REQUEST TO CONSTRUCT TOWNHOUSE DEVELOPMENT BY NEW CONCEPTS RESEARCH CORP. ON LOTS 3AND 4, BLOCK 2, HAYES RIVER LOTS: Mr. Elmer Hoffineyer from New Concepts Research Corporation was present. Chairman Erickson reported the action of the Subcommittee was to approve the concept and asked if all the requirements of the ordinance had been met. Mr. Hoffineyer explained what information he had ready and said he had ordered a topog of the area but hadn't seen it yet. The lots are fairly flat and slope down to the river. The development will be 56 townhouse units, nine of which will be along Anna Avenue, the balance will be in blocks of nine and five. There will be a swimming pool in the middle and green area throughout. There will be a two car tuck under garage in the basement, and the laundry and workroom will also be there. There will be a split entry, living room, deck looking over the back towards the river and dining area. The second floor will have a half bath and two bedrooms. The units will be staggered to get as much light and shadow as possible. Materials will be brick with wood infill. Under the present program, they will be rental with the possibility of conversion and then they would convert to a condominium. They meet the requirements of the land coverage, in fact, they were a few units under. Darrel Clark volunteered that there is sewer and water in Anna Street, but if it will be deep ej- gh_ for the apartments next to the river, they would not know until Mr. Hoffineyer presented his topog. Mr. Hoffman said that there would be no parking lot. They felt that a two car garage and room on the apron for two more, would be adequate. The street is a normal residential street and goes through the center of the concept. This street could be used for excess parking. They plan to use Linden and Sunburst Locust trees for the area. Darrel Clark told Mr. Hoffineyer that if the land dropped 12 feet from the front to the back, he would have a problem with the sewer. MOTION by Minish, seconded by Fitzpatrick, that the Planning Commission approve the concept of the Townhouse Development on Lots 3 and 4, Block 2, Hayes River Lots by New Concepts Research Corporation with the understanding that this does not constitute approval of the preliminary plans, and that the procedure must be followed as contained in the Ordinance 45.14 Townhouse Develop- ment. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Hoffineyer said he will get the working drawings done and the rest of the information needed. He did not believe the request should go to Council at this time. 01 Planning, Commission Meating - May S, 1971 Page 7 Referring to advertising, the main purpose is to get the people into the house and one that they can afford. There will be no electric sign used for advertising, but they will use a subtle identification. They figure about 50% of the people come to the display because they are in the area. MOTION by Minish,' seconded by Fitzpatrick,that the Planning Commission recommend to Council approval of the Special Use Permit, SP #71--05, Shelter Homes Corp. for a six months trial basis of a Model Home Center on Target property subject to the proper waiver of the public hearing, subject to the Health Department waiving the connection to City water and sewer for the six months duration of the temporary special use periait. If the petitioner wishes to extend the permit beyond this six months period, he will have to cane back to the Planning Commission and he will have to connect to City sewer and water if the extension is to be granted. Upon a voice vote, all voting aye, the motion carried unanimously. 3. REOPENED: REqUKST TO APPROVE CONCEPT OF PRELIMINARY PLAN FOR TOWNHOUSE DEVELOPMENT, ROGER LARSON: North 813 feet of East 3/4 of RK of of Section 13. MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission reopen the request to approve the concept of a preliminary plan for a Townhouse Development by Roger Larson. Upon a voice vote, all voting aye, the motion carried unanimously. Chairman Erickson asked Mr. Larson to get a copy of the Townhouse Ordinance which spells out the requirements for a hearing on the approval of a townhouse concept. He explained that the Commission felt there was not enough green space. If the garages could be attached, it would help solve that problem. Mr. Fitz- patrick said that the proposed plan gave the impression there was too much building and blacktop. The elevations were not ready and the plans should be drawn to show maximum space so the layout is not crowded. Mr. Larson said that he would comply with all the requirements and that he had plenty of time to do so. MOTION by Zeglen, seconded by Fitzpatrick, that the request to approve the concept of a preliminary plan for a townhouse development by Roger Larson of the North 813 feet of the East 3/4 of NES of NEI- , Section 13, be returned to the Building Standards-Design Control Subcommittee. Upon a voice vote, all voting aye, the motion carried unanimously. 8. CONTINUED: POLICY REGARDING FUTURE DEVELOPMENT OF GAS STATIONS: Peter Herlofsky said that he met with the Minnesota Petroleum Council last week and the material he submitted to the Planning Commission is a result of that meeting. He continued that the zoning required for gp$ stations in Fridley is C-2, C-2S and that very little of this is left. The suggestions submitted are minimum requirements similar iA character to the conditions noted in our sign ordinance for billboards. The Chairman felt the Planning Commission should look these recommenda- tions over more carefully and would put this first on the agenda at the next Commission meeting. BUILDING STANDARDS-DESIGN CONTROL MEETING OF AUGUST 5, 1971 The meeting was called to order by Chairman Zeglen at 8: 05 P.M. MEMBERS PRESENT: Zeglen, Tonco, White MEMBERS ABSENT: Lindblad, Gnerre OTHERS PRESENT: Hank Muhich-Chief Building Inspector MOTION by White to approve the minutes of the July 8, 1971 meeting as written. Seconded by Tonco. Upon a voice vote, all voting aye, the motion carried unanimously. 1 . CONSIDERATION OF A REQUEST TO APPROVE THE PRELIMINARY PLAN FOR A TOWNHOUSE ' DEVELOPMENT TO BE LOCATED ON THE NORTH 813 FEET OF THE EAST 3/4 OF THE NORTHRAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, FRIDLEY, MUM-F.SOTA, THE SAME BEING Tm 1600 BLOCK OF 69TH AVENUE N.E,m FRIDL.EY. M11WESOTA. (REQUEST BY ROGER LARSON, 85 WEST ROAD, CIRCLE PINES, MIrITESOTA.) r Mr. Roger Larson, Mr. Jim Wiensch, and Mr. Bill Rova were present to present the request. Mr. Muhich gave each of the Board members a copy of the Townhouse Ordinance to follow in checking that all requirements were met . Mr. Wiensch stated that this would be a 141 unit rental project. He said the rent will be about $270 a month plus utilities . He said they will be deeding some of the land to the City for a park. He said that they will be furnishing some of the park equipment but that the City will maintain the park. He said they would also be putting in some tot lots within the complex. He also said that all roads within the complex will be maintained by them. Mr. Wiensch said that there would be 288 parking spaces including the garages within the complex. The Board asked if this was sufficient parking for a complex of this size. Mr.. Muhich stated that he had just been checking through the Townhouse Ordinance and parking was not mentioned there so he assumed it would be the same as for multiple dwellit�gs . As these would all be three bedroom units, they would be required to have 2k parking spaces per unit and, therefore, they did not have enough according to the code. Mr. Wiensch stated that it would be impossible to add another 70 spaces . He said that this would take away too much of the green area and that is one of the ways a townhouse differs from apartments in that there is more green area . He said that if they were required to add another 70 spaces, they would have to abandon the toimhouse project and put in either apartments or else just leave the land vacant until some future time. , t The Board stated that they also felt that adding more blacktop area would spoil the image of the complex but they did not have the authority to approve the parking as it was because it did not conform to the code . They said it � would have to be checked before a final decision could be made. Mr. Rova said he would also check with Mr. Reese, another gentleman in the firm who had had previous discussions with the Engineering Department, to see if parkin; had been discussed or if some arrangement- had been made regarding parking. Mr. Rova said that this is usually one of the thinks Mzr. Reese checks on first. Building Standards-Design Control Meeting of August 5, 1971 Page 2 _ In discussion of the landscaping it was mentioned that poured concrete curb was required on all blacktop areas . They were also told that a 10' radius would be required on all entries and also suggested that they should try for a 10' radius on all roads within the complex. Mr. Wiensch said that all the green areas were shown on the plans . They will have either gas lights or electric lights throughout the parking lot. They are getting a rating so there will not be any dark areas and this will be shown on the final plan. He stated that all the outside utilities will be under- ground. As far as refuse areas were concerned, they would all be covered so no garbage containers would be visible . He also stated that the water and sewer were in in this area. The townhouses will have shake siding and asphalt roof shingles. Each unit will be 1214 square feet not including the basement. The buildings will be 22 to 24 feet in heighth. They will be all carpeted, have central air conditioning, built-in appliances, and a full basement with a � bath. The basement will be completely block. The walls will be a one hour firewall. They will have staggered studs with insulating sound board to get a 52 decibal soundproof rating. Mr. Muhich said that when the final plans are ready, he will need 3 complete sets . Also, they would need a performance bond for the exterior work. Mr. Wiensch asked if they r-ould have a letter of credit from the bank instead of the performance bond . Mr. Muhich said he would have to check on that. MOTION by Tonco to recommend approval of the preliminary plans subject to the notations marked in red on the plans including the following stipulations: 1 . That all entries to the complex have a 10' radius . 2. There must be poured concrete curbing around all blacktop areas . 3. That parking must be checked since it doesn't conform to the ordinance. Seconded by White. Upon a voice vote, all voting aye, the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO MOVE IN A TE21I10`1ARY STORAGE SHED AND ALSO CONSTRUCT A LOADING DUCK AND REFUSE STORAGE AREA LOCATED ON LOT 6, AUDITOR'S SUBDIVISION #78, THE SAIM BEING 5960 14AIII STREET N.E. , FRIDLEY, MINNESOTA. (R.EQUEST BY S21ER PUYX CO. , 5960 hA IN STREET N.E. , FRIDLEY, MIURESOTA, Mr. Loren Simer was present to present the request. Mr. Simar stated that they had moved to Fridley because they needed more room. Their business had tripled in the last three years and they expect to need an addition to the building in about three years . They would like some additional inside storage, however, and would, therefore, like to move in this building from their old location. Mr. Muhich stated that the structure was well built. He said it was 16" centers on all structural meAers with double wall construction. REGULAR COUNCIL MEETING OF AUGUST 16, 1971 PAGE 4 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 4, 1971: The City Engineer reported that Item 7 is the only item that requires action by the Council. All the other items are continued by the Planning Commission. REALIGNMENT OF MATTERHORN DRIVE BY GRACE HIGH SCHOOL: The City Engineer explained that the request is to realign Matterhorn Drive through the Grace High School property. At present there is a water main and an easement running through their property, and the roadway would be moved to the westerly side of the property so the existing right of way could be vacated. There would have to be a 20' easement for the water line at the present right of way alignment. MOTION by Councilman Harris to set the Public Hearing for September 20, 1971 for the vacation of the existing right of way for Matterhorn Drive. Seconded by Councilman Li.ebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING . OF AUGUST 5, 1971: 1 ' 1. CONSIDERATION OF A REQUEST TO APPROVE THE PRELIMINARY PLAN FOR A TOWN- HOUSE DEVELOPMENT TO BE LOCATED ON THE NORTH 813 FEET OF THE EAST 3/4 OF THE NORTHEAST 1% OF THE NORTHEAST 1z OF SECTION 13, FRIDLEY, MINNESOTA, THE SAME BEING THE 1600 BLOCK OF 69TH AVENUE N.E. , FRIDLEY, MINNESOTA. (REQUEST BY ROGER LARSON, 85 WEST ROAD, CIRCLE PINES, MINNESOTA) : ` The City Engineer reported Mr. Larson has submitted his preliminary plans for his townhouse development, and they will be going before the Planning Commission on August 18th for their review and recommendation, and will be coming back before Council on August 30th. 2. CONSIDERATION OF A REQUEST TO MOVE IN A TEMPORARY STORAGE SHED AND ALSO CONSTRUCT A LOADING DOCK AND REFUSE STORAGE AREA LOCATED ON IAT 6, AUDITOR'S SUBDIVISION #78, THE SAME BEING 5960 MAIN STREET N.E, , FRIDLEY, MINNESOTA. (REQUEST BY SIMER PUMP CO. 5960 MAIN STREET N.E. , FRIDLEY, MINNESOTA) : The City Engineer said this request is to move in a temporary storage shed and showed pictures of the building. The Building Standards - Design Control approved the request subject to a three year time limit. After that time they would have to come back before the City for a renewal. This is property along Main Street where Sumgait Gear Co. used to be. It is not a commercial looking building, it is more of a residential nature. It is a 6 stall garage and is in reasonably good shape. He showed on the plot plan where this temporary building would be and said it would be west of the existing building. It is a wood frame building and would be used for storage. Councilman Harris asked what would be stored in the building. Mr. Loren J. Simer said it would be used for storage of steel and excess parts of conveyor systems that they want to store outside their building rather than inside. The City Engineer asked Mr. Simer if he agreed to the stipulation of the REGULAR COUNCIL MEETING OF AUGUST 16, 1971 PAGE 3 CONSIDERATION OF AN ORDINANCE REGULATING THE LICENSING AND MANNIR OF CONDUCTING DANCES: The City Attorney said this Ordinance was prepared at the request of the Police Department and is quite similar to those other communities have. It is built around the State Statutes and gives municipalities the authority to regulate dances. He said he would suggest the following changes: On Page 3, Section III, the last sentence could read: "An officer, or officers, the number to be approved by Council, of the law must be present --- On Page 4, the first paragraph could be changed to read: "--- and upon conviction thereof shall be punished by a fine of not more than $300.00, or imprisonment for not more than 90 days, or both". He said this Ordinance was designed to regulate public dances. There has been some discussion on whether an Ordinance is necessary to regulate rock festivals, but this Ordinance was not designed for that purpose, and another one would be necessary to cover them. Councilman Liebl questioned the paragraph in Section II where it states the fees for one day is $10, for one week $20, for one month $50 and for one year $100. He asked what about the businesses, or what if a person wanted to have a dance. The City Attorney said that for businesses such as Casino Royale, they would pay the $100 fee, and this Ordinance is meant for public dances as defined by the State Statutes and would apply where a tee is charged. The figures for fees used are those used in other communities. Councilman Liebl questioned whether the stipulation that there must be an officer of the law present was not in conflict with the rules set out in the Police Manual. The City Attorney said he did not recall the stipulations in the Police Manual, and asked the City Manager to check it out to see if there was a conflict. He added that this Ordinance would cover such dances as the Knights of Columbus put on, the V.F.W. , etc. , where there is admission charged. It is not meant for neighborhood dances, school dances, etc. Councilman Liebl asked if the KCs would have to pay the $10 fee every time they have a dance. The City Attorney said that if an organization such as the KCs have many dances a year, they would be better off to get the year's license for $100. Mayor Kirkham suggested that to have an officer of the law present, they could perhaps use a private agency. The City Manager said this was discussed at the staff meeting. There are reserve officers that are sworn in and have police powers under the State, that are not City employees. MOTION by Councilman Harris to table this item and instruct the Administration to research the Police Manual in regard to off-duty work, such as patrolling dances. Councilman Breider said the City Attorney spoke of public dances, and asked how a public dance is determined. The City Attorney said it is defined in the State Statutes, but it could be spelled out again in this Ordinance to save going from one reference to another. Mayor Kirkham said that he would like to see some preliminary work done on an Ordinance to control rock festivals. The City Manager said he would start work on one and added that some of the communities do have this type of Ordinance. THE MOTION was seconded and upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. r Planning Commission Meeting - August 18, 1971 Page 6 4. PUBLIC HEARING: REQUEST FOR SPECIAL USE PERMIT, SP #71-10, VIKING_ CHEVROLET: For New and Used Car Sales on Parcels 2850, 4350 and 4360, Section 12, per City Code, 45.101, 3, B in a C-2S District. The representatives for the Viking Special Use Permit application were Wyman Smith, Jerry Brady and Kenneth Isaacson. Chairman Fitzpatrick read the public hearing notice. Mr. Wyman Smith explained that he was before the Planning Commission on behalf of Viking Chevrolet. The Commission was kind enough to rezone the property on University Avenue last spring. Since then they found out the Com- mittee from General Motors would not approve the location. In order to stay in Fridley, this was the one thing he encouraged them to do. The Viking people have signed an agreement for the purchase of this property where the Edison Homes are. Mr. Toberman, who owned the Edison Homes, has sold the company. They are going to vacate the land and the lease will be terminated. Viking will be able to make use of the existing building. Jerry Brady and Ken Isaacson have met with the City Engineering staff. There will have to be some upgrading of the site requirements. Mr. Brady said the recommendations of the City Engineer for the black- topped area on the South would be some curb cuts for service areas and closing in present blacktop. There would be no structural changes on the outside of the building, but there would be some internally. MOTION by Minish, seconded by Zeglen, that the Planning Commission close the Public Hearing for a Special Use Permit, SP #71-10, Viking Chevrolet, for a New and Used Car Sales on Parcels 2850, 4350 and 4360, Section 12, per City Code 45.101, 3, B in a C-2S District. Upon a voice vote, all voting aye, the motion carried unanimously. Chairman Fitzpatrick asked about such details as screening and land- scaping -- how they should be handled at this time. Mr. Clark said the Com- mission could recommend to Council that the Building Standards-Design Control Subcommittee check the plans as long as there is going to be internal structural work. MOTION by Minish, seconded by Zeglen, that the Planning Commission recom- mend approval to the Council of the request for a Special Use Permit, SP #71-10, by Viking Chevrolet for New and Used Car Sales on Parcels 2850, 4350 and 4360 in Section 12, as per City Code, 45.101, 3, B in a C-2S District with the stipulation that Council refer the request for review by the Building- Standards-Design Control Subcommittee. Upon a voice vote, all voting aye, the motion carried unanimously. 5. APPROVE PRELIMINARY PLAN FOR TOWNHOUSE DEVELOPMENT BY ROGER LARSON: The North 813 feet of the East 3/4 of NES of Section 13. (69th Avenue at East City Limits.) Chairman Fitzpatrick commented that this request has been discussed for some time. Not long ago the Commission had a proposal before them which they asked some attempt be made to increase the green areas and decrease the pro- portion of building and blacktop within the whole area. f Planning Commission Meeting - August 18, 1971 Page 7 Roger Larson, James Wiensch and Frank Reese were present for the townhouse development. The improvements in the green areas were noted. Mr. Reese said that attached garages or tuck under garages are better adapted to sloping land-- this land is level so that it would be no improvement in this instance. They now have 60 feet between structures. The sidewalks and doors are basically the same circulation system. Dumpsters will be inside of the building and refuse will be hauled away. There is a forty foot right of way along the East side, which will be deeded over at the time of the building. They are allowing for a future right of way along the West side. Chairman Fitzpatrick explained that the City will have a slope easement of 160 feet North on Rice Creek and the developers cannot build on it, but can use it for density and the City would retain ownership. Mr. Reese continued that there will be trees around the homes. The homes will be three bedrooms, full bath, full basement, no walkout, have individual furnace and central air conditioning. Darrel Clark explained that the preliminary plan before the Planning Com- mission becomes the basis for the final plan after Council approves it. The Commission now is to approve the arrangement of buildings, density and the units for every 3,000 square feet and accept the layout. Mr. Zeglen had some doubts about the parking. MOTION by Zeglen, seconded by Minish, that the Planning Commission recom- mend approval of the preliminary plan of the Townhouse Development as submitted and presented to the Planning Commission, dated August 18, 1971. Upon a voice vote, all voting aye, the motion carried unanimously. 6. CONFIRM PUBLIC HEARING DATE: REQUEST FOR SPECIAL USE PERMIT, SP #71-12, HARLAND E. BERRY: To construct a double bungalow on Lots 3 and 4, Block 4, Ostman's Third Addition per City Code, 45.051, 3, D, on September 1, 1971. MOTION by Minish, seconded by Zeglen, that the Planning Commission confirm the public hearing date of September 1, 1971 of a request for a Special Use Permit, SP #71-12, by Harland E. Berry to construct a double bungalow on Lots 3 and 4, Block 4, Ostman's Third Addition per City Code 45.051, 3, D. Upon a voice vote, all voting aye, the motion carried unanimously. 7. LOT SPLIT REQUEST: L.S. 471-09, ING SIVERTS, JR. : Part of Lot C, Registered Land Survey No. 3 - for building site. Mr. Siverts' request is to split Lot C. His home is on the North end. The area of Lot C is approximately 34,450 square feet. The Southern portion would be split in such a fashion so as to give the proposed buyer about 20,000 or more square feet. The County Surveyor, Roland W. Anderson, submitted a statement addressed to Mr. Siverts and the Planning Commission. to inform the:.' that the Mortgage REGULAR COUNCIL MEETING OF AUGUST 30, 1971 PAGE 11 the Building Standards-Design Control Subcommittee. Edison Mobile Homes had been the former owner of the building and had been in the area before a Special Use Permit was required, so, now that ownership was changing hands, Viking Chevrolet required the permit. Councilman Harris asked if there was any possibility that Edison could move their operation to the back of the lot and continue selling. Mr. Smith answered that they made the provision when they bought the property that if all the mobile homes were not sold, they would have to be moved. The latest information they had was that the hardware had been sold. The City Attorney commented that if the area had been used in the past it could be grandfathered in. Mr. Smith replied that it had only been used for storage, not for selling. Councilman Harris asked if Viking Chevrolet has purchased the building and the land and was told that they had. He continued that he felt this was a good use for this area and will improve it . Councilman Kelshaw asked if they had not rezoned a piece of property on University Avenue for this same purpose. Mr. Smith explained that they had, but General Motors would not approve building in that area. MOTION by Councilman Harris to approve the request for a Special Use Permit, SP #71-10, by Viking Chevrolet, with the stipulation that the request be referred to the Building Standards-Design Control Subcommittee. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 4. APPROVE PRELIMINARY PLAN FOR TOWNHOUSE DEVELOPMENT BY ROGER LARSON: THE NORTH 813 FEET OF THE EAST 3/4 OF NE 1/4 OF SECTION 13 (69TH AVENUE AT EAST CITY LIMITS) . The City Engineer reported that the Planning Commission had recommended approval of this request. This area had been approved for apartments by the City Council, but their survey had shown that apartments would not be a good idea in this -area so- they had decided to go with townhouses. His only recommendation would be that they provide more adequate recreational facilities in the complex. Mr. Frank Reese was present for the development. Mr. Reese explained that none of the grades in the area would be changed more than 2 feet. There would be intensive landscaping done on the property. Each home would have trees and shrubs. The townhouses would be 55 feet from back to back. The homes were built in clusters with not more than six townhouses to a cluster. Each had three bedrooms, with 1200 square feet of living space upstairs and 600 square feet in the lower level. Councilman Harris asked what the densityl. of the project was. Mr. Reese answered that there were 10 homes per acre but, if you included the land which the developers had deeded to the City for parkp, it came out to six homes per acre. This does meet the density requirements. 1. They had originally planned 260 apartments. There will only be 141 townhouses. Councilman Kelshaw asked what the value of the units was. Mr. Reese answered that they rented for $275 a month plus utilities and they were strictly rental units, none would be sold. The City Engineer commented that they had given the City 15 acres of land for development into recreatonal facilities. Generally their requirements are satisfactory and our only concern is with these recrea- tional facilities. We don't have any in the area now. Mr. Reese explained that their lender is very strict about recreational facilities. He said they are planning one tot lot, but there are green areas where another could be added. There will be tennis courts, which the City will actually own and REGULAR COUNCIL MEETING OF AUGUST 30, 1971 PAGE 12 bar-b-que pits with clustered picnic tables. They do not have a swimming pool because they cause too much trouble in a development of this type. He added that they had to rent these buildings and if any additional facilities were needed to rent them, they would be put in. MOTION by Councilman Liebl to concur with the Planning Commission and approve the preliminary plan for the Townhouse Development as submitted. Seconded by Councilman Harris with the stipulations that the green area to the north be set up as a park and play area and the area along the railroad right of way be screened and fenced. With the approval of the amendment by Councilman Liebl , there was a voice vote, all voting any, Mayor Kirkham declared the motion carried. 5. LOT SPLIT REQUEST: L.S. #71-09, ING SIVERTS, JR: PART OF LOT C REGISTERED LAND SURVEY NO. 3 - FOR BUILDING SITE: MOTION by Councilman Kelshaw to concur with the Planning Commission and approve the Lot Split request, LS #71-09, Seconded by Councilman Breider. Upon a voice vote, all voting ay, Mayor Kirkham declared the motion carried. 6. DISCUSSION OF LOW SWAMP LAND NORTH OF 79TH BETWEEN UNIVERSITY AND BURLINGTON NORTHERN RAILROAD TRACKS: The City Engineer said that he wished to advise the City Council that there have already been quite a few actions taken by their body for putting in water, sewer, and roads in this area and the owners have been told that they can fill. If the Council has any reservations they should act now because they have already gone too far. Councilman Harris commented that they would have a problem if they did not allow the owners to develop. This would be confiscation without compensation. The City would either have to allow development or buy the property. Mayor Kirkham added that he felt they should go ahead with the development. Councilman Kelshaw asked the City Attorney if there were any ordinances which stated that you could not fill in swamp land? The City Attorney replied that you could not impede the flow of lakes, rivers or drainage ditches. If there were any drainage ditches in this area they would have to be careful not to fill them. Councilman Kelshaw added that he felt the developers should be made mindful of the fact that any traffic coming from the area after it was developed should not be channeled to East River Road. MOTION by Councilman Breider to proceed with the plans and improvements previously authorized by the City Council. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPROVAL OF AGREEMENT BETWEEN THE FRIDLEY FIRE RELIEF ASSOCIATION AND THE CONTRACTOR FOR THE CITY GARAGE EXPANSION AND CONCURRENCE OF THE AWARDING OF THE BID TO LOEFFLER-ENGSTRAND. HARRIS_, BROS. &_BACON_'_S ELEC_T_RIC (BIDS LISTED IN MINUTES OF AUGUST 16, 1971) : Mr. Dick Harris said that he wanted it known that the Harris Bros. mentioned in connection with the bid on the City Garage did not have anything to do with his company, they did not even bid. He went on to • ? Planning Commission Meeting - October 20, 1971 Page 2 2. CONFIRM PUBLIC HEARING DATE OF NOVEMBER 3, 1971: REZONING REQUEST, ZOA #71-09, BY CASTLE MOBILE HOMES, INC. : To rezone the Westerly 600 feet of the Northerly 750 feet of the NES of the N04 of Section 12 from M-1 (light industrial areas) to C-2S (general shopping areas) . Darrel Clark explained that this item includes the Frostop Drive In on Osborne Avenue and Highway #65. The owner is not one of the petitioners. His land will be included in the publication. MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission confirm the public hearing date of November 3, 1971 for the rezoning request, ZOA #71-09, by Castle Mobile Homes, Inc. , to rezone the Westerly 600 feet of the Northerly 750 feet of the NE14 of the NW;4 of Section 12, from M-1 (light industrial areas) to C-2S (general shopping areas) . Upon a voice vote, all voting aye, the motion carried unanimously. 3. CONFIRM PUBLIC HEARING DATE OF NOVEMBER 3, 1971: REQUEST FOR A SPECIAL USE PERMIT, SP #71-14, CASTLE MOBILE HOMES, INC. : For the location of Mobile Home Sales on the Westerly 600 feet of the Southerly 320 feet of the Northerly 750 feet of the NE'k of the NW4 of Section 12, per Section 45.101 - 3N of the Fridley City Code. MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission confirm the public hearing date of November 3, 1971 for the special use permit, SP #71-14, requested by Castle Mobile Homes, Inc. , to locate a Mobile Homes Sales on the Westerly 600 feet of the Southerly 320 feet of the Northerly 750 feet of the NE14 of the NA of Section 12, per Section 45.101 - 3N of the Fridley City Code. Upon a voice vote, all voting aye, the motion carried unanimously. 4. CONFIRM PUBLIC HEARING DATE OF NOVEMBER 3, 1971: PROPOSED PLAT FOR PHASE I & II OF THE TOWNHOUSE AREA BY VIEWCON, INC. : Outlot F located ti mile East of Matterhorn Drive and ;4 mile North of I. #694. MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission confirm the public hearing date of November 3, 1971 for the proposed plc4-fear Pbase;I and II of the Townhouse area by Viewcon, Inc. being Outlot F located ;4 mile East of Matterhorn Drive and a ;4 mile North of I. #694. Upon a voice vote, all voting aye, the motion carried unanimously. 5. FINAL REVIEW: TOWNHOUSE DEVELOPMENT, ROGER LARSON: North 813 feet of the East 3/4 of NES of NE's of Section 13. Mr. Frank L. Reese, Architect for the Project, and Roger Larson, the petitioner, were present. Mr. Reese stated that nothing had been changed from the preliminary approval and he understood that now this meeting is for the matter of detail. The final plans for the development were studied page by page, and Mr. Reese showed a colored drawing of the townhouse apartment. The 28 units will house 140 families. The homes will be in clusters of four. They are attempting to provide individuality by the use of several stain colors and different types of woods for the exterior. Two homes were designed with one color and the other groups of two homes with different colors. They were not using fireplaces. Planning Commission Meeting - October 20, 1971 Page 3 There is a large amount of green area and the park area above the creek will be dedicated to the City. In addition tennis courts, family barbecue area and play- ground area is provided. There will be a Tot Lot in the middle of the playground with modern equipment. They were providing more than FHA asked for. Referring to grading, the South 2/3 of the property drains naturally into the creek. The landscaping will be in terms of trees, shrubbery, sidewalks and curbs. In front of each home there will be a tree and ash trees were recommended for the backyards. They will not introduce fences as they prefer the natural and open look of trees and bushes to break up the backyards. Easements are provided on the West side of the property for future road-- the road has been dedicated along the East side. Street lighting will be pro- vided. They have typical plumbing, electrical heating and ventilation plans drawn within the units. Bids have been taken and they feel they are within the estimates and could have the project going this fall. In answer to Mr. Fitzpatrick's question of why there were no windows in the end walls on the second floor, Mr. Reese said that, basically, these units have to be designed to have most of the windows in the front and back. All the ventilation and light requirements are set up so that the windows in the front and back meet the requirements. The lower window shown on the drawing is in the dining room. Upstairs there has to be room for closets and bathroom along the side walls. There will be a full basement, Mr. Reese continued, and partitioned to break up utility and storage space. It will be unfinished -- no paneling or painting. There will be nine detached garage buildings. They do not show a concrete patio as FHA frowns upon it. The three bedroom units will have 600 square feet for each floor. The windows are five feet high, 33 inches wide and the bottom of the window is 18" above the floor. Mr. Zeglen said that when the request was before the Building Standards- Design Control Subcommittee, the Subcommittee felt changes should be made in the windows. Mr. Fitzpatrick didn't think it would bother the people to have more windows and he felt it would be more desirable. Mr. Reese said it would cost about $100 per opening to add more windows. If they hoped to change the effect of the end of the wall, the best thing to do would be to use different types of wood rather than adding more windows. Mr. Minish asked how many structures were in the Development. Mr. Reese said there were 28 townhouse units, 9 garage buildings, and they were using 8 different stains. Mr. Minish thought,, that because they were dealing with a special piece of property, a model home would help in understanding how the whole concept would look. Mr. Reese said they hadn't built a model, although one of their concerns was how the garage area would relate to the homes around it. Mr. Zeglen read the minutes of the Building Standards-Design Control Sub- committee meeting of August 5, 1971 for review. Planning Commission Meeting - October 20, 1971 Page 4 J Comment was made that there would be small lights at each front door which will serve a functional purpose as well as decorative. The street lights would be 150 Watt Mercury Vapor and installed on 20 foot poles. Chairman Erickson said that he could not accept some of the architecture that is really odd. This plan is basic architecture, but with very little interest -- he did not know what the answer was. Mr. Reese explained that FHA is using the same type of cost as they did six years ago. Building costs have risen, and they have to try to build within that price. Chairman Erickson said he wasn't criticizing the design as they were doing the best they could under FHA, but he wondered if they couldn't do better. He asked if the rental goal was medium or low income. Mr. Roger Larson said they would not call it low income. They would be asking about $270 per month. Chairman Erickson said in that rental range, he did not feel the units looked it. The Commission recognizes these units are large and spacious. It is a tremendous layout and deserves something individual. He believed a much better job could be done. The general layout is fine, and he was not knocking the low cost units. The comment was made that the structures looked like barracks. Mr. Zeglen said the rest of the plans are good. Mr. Schmedeke said the location was ideal for this type of development. However, the exteriors should be dressed up, perhaps block or stone. There should be at least one more window on the end wall. Chairman Erickson said the bigger objection is the blank wall, but he was not prepared to say whether or not a window or brick was the answer. Mr. Minish said that the real feeling related to the total design was, when you visualize 28 of these units scattered around, the result would be a lot of sameness. A better design would give improvement to the area as it is a desirable large tract of land. MOTION by Minish, seconded by Schmedeke, that the Planning Commission table until November 3, 1971 the Final Review of the Townhouse Development by Roger Larson of the North 813 feet of the East 3/4 of the Northeast Quarter of the Northeast Quarter of Section 13. Upon a voice vote, all voting aye, the motion carried unanimously. Chairman Erickson repeated that there was general approval of the proposal. ADJOURNMENT: Chairman Erickson adjourned the Planning Commission meeting at 9:45 P.M. there being no further business. Respectfully submitted Hazel O'Brian Recording Secretary CITY OF FRIDLEY SPECIAL PLANNING COMMISSION MEETING OCTOBER 27, 1971 PAGE 1 The meeting was called to order by Chairman Erickson at 7:00 P.M. ROLL CALL: Members Present: Fitzpatrick, Schmedeke, Erickson, Zeglen Member Absent: Minish Others Present: Darrel Clark, Engineering Assistant 1. FINAL REVIEW: TOWNHOUSE DEVELOPMENT, ROGER LARSON: North 813 feet of East 3/4 of NE-4 of the NE4 of Section 13. Mr. Roger Larson and Mr. Frank L. Reese were present. Chairman Erickson explained that the purpose of the Special Meeting was to give the petitioner, Roger Larson; an opportunity to present some further pro- posals for the Townhouse Complex so that the request can get to Council at an earlier time. They have come up with some additional exterior designs. • Mr. Reese said the plan for the entire complex would be using vertical grooved panels with a new trim. Now the thinking was to give more character. On the ends of the buildings they will be using rough sawn vertical grooved panels, two ply boards and a wide groove instead of the narrower one. The location of the bedroom window will be above the dining room window with panels between and extending to the roof. The panels will be flat, no tex- ture like the other surfaces. They will contrast nicely with the rough tex- tures. In the front of the buildings, there will be bolder grooves. Along 69th Avenue, they will be adding masonry fireplaces in addition to the extra windows. The townhouses in the back of the development will have just the textured window treatment. They will use the same rough sawn boards as shown in the previous plan. There will be a permanent plastic coating on the wood to prevent warping. Mr. Reese had some on his own home for five years now. Mr. Zeglen asked how many units were on 69th Avenue, and the answer was 25 living units. The windows will be double hung anodized aluminum of a dark amber color with welded glass. The shingles will be asphalt shingles. Front doors will have accent colors to go with the wall panel. It will not have a regimented look. The garages will be the same character with rough sawn boards and over- hangs. There will be flat paint used on the. rough sawn boards on 69th Avenue, each unit with a different stain. There will be a small berm to screen the automobiles from the street. A C Y Special Planning Commission Meeting - October 27, 1971 Page 2 The landscaping was discussed and the members felt it was good. Mr. Schmedeke commented that the new plans were quite an improvement over the plans presented at the last meeting. Mr. Fitzpatrick noted that the overhang was different and a decided improve- ment. Mr. Reese said that the overhang is 24 inches on the front and sides and is rough sawn wood. Mr. Zeglen commented that the fireplaces and windows look very good. He thought an all brick structure looks better than wood. Chairman Erickson said that he would be the last one to say all brick is necessary. A combination of wood and brick may be better, and sometimes all wood can look better. In our climate, how it will stand up is of some concern. Darrel Clark said that the plans for the playground area have been reviewed with Paul Brown, Parks Director. Mr. Brown recommended some changes and Roger Larson agreed with them. The location of the equipment is satisfactory. The suggestion was made that there be no teeter totters because of accidents, and to install small. swings and small slides for the same reason. The Development will be using the same type Qf equipment that is installed in Fridley City Parks. Mr. Clark continued that the sewer is a short distance from where it con- nects to North Suburban Sanitary Sewer District and hooks up on Central Avenue South of the railroad tracks. Sewer and water are both in. Chairman Erickson asked if the dedication of the park area had been made. Mr. Clark said not yet, but Mr. Larson's attorney will have papers ready for Council at their meeting. Mr. Clark said that the land is still in estate, and Mr. Fox, attorney for Mr. Larson, has been given power to deed it to the City. Chairman Erickson said the recommendation of the Commission should have that condition attached to it. Mr. Clark said that for a new9plat, the City has to have a certificate of survey. This townhouse development will be all rental units. Mr. Larson has been advised that if he sells any of the structures, he will have to plat. The original agreement by Hammerlund, Inc. was dated September 30, 1969 and showed the dedication of park land. Chairman Erickson commented that the park land on the South is not of any value to the property owner. Special Planning Commission Meeting - October 27, 1971 Page 3 MOTION by Zeglen, seconded by Schmedeke, that the Planning Commission recommend to the City Council approval of the Final Plans of the Townhouse Development, incorporating the dedication of the Park with a suitable agree- ment by Roger Larson and the City, and also including all the modifications of the Townhouse Plans as submitted at this Special Meeting of the Planning Commission on October 27, 1971. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT• There being no further business, Chairman Erickson adjourned the meeting at 7:45 P.M. Respectfully submitted HazerO'Brian Recording Secretary I 1 f' REGULAR COUNCIL MEETING OF NOVEMBER 1, 1971 PAGE 9 RESOLUTION #138-1971 - A RESOLUTION CERTIFYING TAX LEVY REQUIREMENTS FOR 1972 TO THE COUNTY OF ANOKA FOR COLLECTION: MOTION by Councilman Kelshaw to adopt Resolution #138-1971. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF ISSUING LIQUOR LICENSE, EAST RIVER ROAD TO GEORGE D. NICKLOW: AND CONSIDERATION OF ISSUING LIQUOR LICENSE, SHOREWOOD LOUNGE, TO WILLIAM A. NICKLOW, GEORGE P. KANAVOS AND JAMES A. NICKLOW: Councilman Breider asked what is the approximate time they will be ready for business. Mr. Rallis said they have had some trouble with the weather and came forward to show the Council pictures of the progress on the East River Road Lounge. They still plan on being ready for business by the holiday season. He said it will shortly be necessary to break through the wall at the East River Road Lounge. The work on the Shorewood Lounge has not progressed as far, but they still plan on a holiday opening there too. He said he did not want to break into the wall until he had a key to the establishment. The City Manager said they have reached an agreement that they will buy the open stock. The City Attorney said a strict interpretation of the law would be that they must be ready to serve food before they could get a liquor license, but if it was slightly before due to circumstances, he thought it could be defended in court. He would not recommend issuing a liquor license to Shorewood in the stage of progress they are in now. He suggested putting this item on the Agenda again the 6th of December and if satisfied with the progress, the Council could take action on both licenses. MOTION by Councilman Harris to authorize issuing the liquor licenses for the East River Road Lounge and Shorewood Lounge to be effective December 6th, subject to review by the Council at the Meeting of December 6th to see if construction is at such a point it is substantially completed. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 20, 1971: MOTION by Councilman Liebl to receive the Minutes of the Planning Commission Meeting of October 20, 1971. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE SPECIAL PLANNING COMMISSION MEETING OF OCTOBER 27, 1971: TOWNHOUSE DEVELOPMENT: ROGER LARSON: North 813 feet of east 3/4 of NVx of the NEMC of Section 13. The City Engineer said this townhouse development is on 69th Avenue and Stinson Boulevard. The Council has reviewed the preliminary plans before. The Planning Commission recommended approval of the revised plans they considered at the October 27th Meeting. They required'some additional work on the outside through I REGULAR COUNCIL MEETING OF NOVEMBER 1, 1971 PAGE 10 some fireplaces on the units facing 69th Avenue and some treatment in the fronts. The density is still the same, 141 units planned. He added they have just submitted the deeds for the park land. MOTION by Councilman Liebl to receive the deeds submitted this date to the City Engineer for the park land. The motion was seconded and upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. Mr. Frank Reese came forward and introduced himself as the architect for the project, and presented the plans at the Council table. There have been brick fireplaces added on those units along 69th Avenue and they plan to use a variety of six different stains and two shingle colors plus the accent colors on the doors and trim to make the units attractive. Councilman Harris asked how they propose to keep the doors from weathering. Mr. Reese said they plan on using rough sawn redwood which does not weather as much. They will be bonded and will stay flat. The plywood will be 12" grooves on center. The trim will be impregnated with plastic so it will not feather. Councilman Harris asked how much brick will be used. Mr. Reese said on the end units along 69th Avenue there will be 8' wide fireplaces 2� stories high. Councilman Harris asked why they did not use brick on the other buildings for accent. Mr. Reese said they would not mind, but the F.H.A. does have stipulations on how much can be spent in the 221 D4 program. This is for low to moderate income rental housing. He said they have to agree to take a certain amount of the rent through Federal subsidizing. The difference between the amount the renters can pay and the rent is made up by the Federal government. Councilman Harris asked if this has any aff(fct on taxes and Mr. Reese said he did not know. Councilman Breider asked the cost per unit. Mr. Reese said $11.50 per square foot, for 1200 square feet, would be about $24,000 per unit for a three bedroom unit. They will all be rental units with the rent being $270 per month. He said this program has not been exercised in the suburbs, usually the 235 and 236 programs are used. The 221 D4 program has been used more extensively in the center cities. Their units will have full basements, air conditioning, the usual ranges with fans and refrigerators and hook ups for washers and driers. The rooms are quite spacious. Councilman Breider said that multiplying the square footage times the cost does not come out to anything like $24,000, it is more like $13,000. This is not much in the way of construction costs when considering $270 a month rent. Mr. Reese said that actual costs would run about 10% - 15% higher. Councilman Liebl said, referring to the Planning Commission minutes, there were some comments made that these plans were an improvement over the last plans submitted. They felt there should be more brick on the buildings. Mr. Reese said at the suggestion of the Planning Commission the brick fireplaces were added to the units on 69th Avenue. They seemed to be concerned about the appearance from 69th. They plan to use great emphasis on landscaping and plan on using 3" - 4" trees. They would like to use shade trees and foundation plantings. Each unit would have a tree in the front and back. Councilman Liebl said this Council has always been an advocate of quality construction. He pointed out in the case just before the Council, Viking Chevrolet, they were faced with making do with an existing building and some adjustments had to be made, but in this case, these woL.ld Ue nea buildings and this is a very sub- ♦ � REGULAR COUNCIL MEETING OF NOVEMBER 1, 1971 PAGE 11 r stantial piece of land. When the Council was considering rezoning for Mr. Hammerlund for this piece of propertyw, Mr. Hammerlund made the Council feel it was a substantial proposal for quality multiple units. Now the average cost of construction is only $13,000 and the buildings are all new. Somehow the plans got away from what the original developer wanted to do, and now it seems we are moving backwards. He said he voted against an apartment house building in his ward at a cost per unit of $12,000 per unit. Most units approved in the past run about $16,000 - $17,000 tp $18,000 per unit. When talking about this amount of money, you are talking about quality construction. The Council will have to take a good look at this, there may be a future slum area created. This Council has to be cautious with the little bit of land left available for development. The Council has in the past waived some of the requirements on existing structures, but for new construction, the Council must insist on quality construction, and it must be an attractive complex 10 years from now. The construction should be such that it will withstand the weather in Minnesota, this is the point in the suggestions for brick. Brick is durable and a developer would then have a right to charge such rentals, but he did not see how a developer could charge $270 per month with this type of construction. Mr. Roger Larson said they are now bidding out the project and the costs of this development will be running aroung $16,000 to $17,000 for the building itself and does not include landscaping, roads, garages etc. They estimate $20,000 t0 $22,000 per unit including water and sewer. He said he has built several town- houses similar in construction and all these structures ran about $18,000 per unit three years ago. Councilman Liebl asked why they are determined to put in this type of siding when they have been asked to consider brick. Brick maintenance is cheaper. Mr. Larson said that the side along 69th Avenue could be all brick if the Council wants, but there is only so much money committed to this project. Councilman Breider asked where the other townhouse complexes he has built are located. Mr. Larson said one is on West River Road behind Lynbrook Bowling Alley and behind the Fire Station, which is 92 units. Another is on 82nd in Bloomington and there is a third on Hillsdale and McKnight below 3M. Councilman Breider asked if he used brick on the others. The developers replied they used some, the units in Brooklyn Center have aluminum siding. Mr. Reese added that they looked at other townhouse developments to see what materials held up the best. They found that rough sawn siding with impregnated stain is lasting a long time, much better than painted boards. This is what they took into consideration when thinking in terms of future appearance. They met with the Planning Commission in a special meeting, and he was sorry the Council did not agree with them. Councilman Harris said Fridley does not have a specific townhouse ordinance requiring outside finishes, but when considering townhouses, you are talking about multiple units and for multiple units there is required that some of the construction be done in brick or some alternate surface materials. This plan seems to be circumventing the intent to follow through with this sort of plan on all multiple units. Another consideration is whether a renter would have a conversion right to go under one of the other programs, such as the 235. He asked that the Administration check this out. He agreed rough sawn siding is durable, but maybe the trim would not stand up. He said he has seen some structures with plywood used on them and that is the shabbiest part of the building. I REGULAR COUNCIL MEETING OF NOVEMBER 1, 1971 PAGE 12 r MOTION by Councilman Breider to table this item to the Meeting of November 15th, and in the meantime, the Council will review the other buildings built by Mr. Larson and the Administration will check on the 221 D4 program, what affect it would have on taxes, and if there are conversion privileges. Seconded by Councilman Kelshaw. The City Engineer said he wanted to point out the parking ratio is very low. For a three bedroom unit there are two parking spaces. For apartment buildings, with three bedrooms, 211 spaces are required. Viewcon is providing four parking spaces per unit. He questioned if 2 parking spaces would be adequate, and suggested perhaps Vx should be required. Besides two cars, you have to con- sider that some people may have trailers, snowmobiles etc. As to the recreational facilities, he would like to see them extend the` road and provide a parking lot to the south towards the park. Councilman Harris asked under the R-3 ordinance, what percentage of the structure has to be brick. The City Engineer replied 50%. Councilman Breider said.he understood there would be garages. The City Engineer said they would be in the center area, one stall per family. THE VOTE upon the motion, being a voice vote,all ayes, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Special Planning Commission Meeting of October 27, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanim- ously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF OCTOBER 21, 1971: CONSIDERATION OF A REQUEST TO CONSTRUCT A STORAGE AND ASPHALT BATCHING PLANT TO BE LOCATED ON PART OF LOIS 18, 19, 20, 23, 37 AND 38, AUDITOR'S SUB- DIVISION #39, THE SAME BEING 3737 EAST RIVER ROAD, FRIDLEY, MINNESOTA, 55421. (REQUEST BY DUNKLEY SURFACING COMPANY, INC. , 3756 GRAND STREET N.E. , FRIDLEY, MINNESOTA 55421) : MOTION by Councilman Kelshaw to concur with the Building Standards - Design Control Subcommittee and grant the request. Seconded by Councilman Harris. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unani- mously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF OCTOBER 26, 1971: 1. A REQUEST FOR A VARIANCE OF SECTION 45.053, SUBDIVISION 4, PARAGRAPH B, 5A, TO REDUCE THE SETBACK REQUIREMENT FOR A GARAGE OPENING ON A SIDE STREET FROM 25 FEET TO 23 FEET TO ALLOW THE CONSTRUCTION OF A DETACHED GARAGE ON LOT 4, BLOCK 1, SHOREWOOD ADDITION, THE SAME BEING 6260 ABLE STREET NE. , FRIDLEY, MINNESOTA. (REQUEST BY MR. DONALD C. BAILEY, 6260 ABLE STREET N.E. , FRIDLEY, MINNESOTA) : A'REQUEST FOR VARIANCES OF: SECTION 45.053, SUBDIVISION 4, PARAGRAPH B, 5A, TO REDUCE THE SIDEYARD SETBACK REQUIREMENT FROM 1712 FEET TO 13.2 FEET IN FROM THE SOUTH SIDE OF THE EXISTING DWELLING TO PERMIT THE CONSTRUCTION OF A PATIO, AND SECTION 45.151, PARAGRAPH 8, TO CONVERT AN EXISTING NON- CONFORMING GARAGE INTO LIVING AREA ON LOT 4, BLOCK 1, SHOREWOOD ADDITION, THE SAME BEING 6260 ABLE STREET NE. , FRIDLEY, MINN. (REQUEST BY DONALD C. BAILEY, 6260 ABLE STREET NE. , FRIDLEY, MINNESOTA) : a `I REGULAR COUNCIL MEETING OF NOVEMBER 15, 1971 PAGE 6 ORDINANCE #495 - AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR 1972: MOTION by Councilman Harris to adopt Ordinance #495 on second reading, waive the reading and order publication. Seconded by Councilman Breider. Upon a roll call vote, Kirkham, Liebl, Harris, Breider and Kelshaw voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF ISSUING LIQUOR LICENSES, SHOREWOOD LOUNGE AND EAST RIVER ROAD LOUNGE: Mr. Connie Rallis said he comes before the Council tonight as a complainer, not as a pleader. He has over $100,000 tied up in the remodeling, and has not collected �L dime. The contract for deed has been signed by the Mayor and City Manager, but he had not received it. The roof is on and he would like to start moving his equipment in, but he badly needs these licenses to do that. The City Manager called the Council's attention to the progress report the Building Inspection Department made this day at both locations. They state the contractor estimates the construction to be approximately 50% completed. This is more substantial than at the, last meeting. Mr. Rallis said they wanted to start work and this is holding them up. The City Manager said that even if the licenses are authorized now, there would be at least a 10 day lag because of the details involved in the actual transfer of the property. There would have to be an inventory taken of the stock on hand. - The employees have already been given their notice in compliance with the union agreement. Councilman Liebl said the Nicklows have invested a considerable amount of money and now need their licenses to proceed further. Mr. Rallis explained that they have equipment worth thousands of dollars and before they put it in, they have to be the owners and someone has to be there. MOTION by Councilman Kelshaw to grant the liquor licenses for Shorewood Lounge and the East River Road Lounge based on the report received this date, to be effective November 29, 1971. Seconded by Councilman Harris. The City Attorney asked when they would be ready to serve food and Mr. Rallis replied he thought the latter part of December. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF FINAL REVIEW: TOWNHOUSE DEVELOPMENT, ROGER LARSON: NORTH 813 FEET OF NE's OF THE NES OF SECTION 13: (Tabled 11-1-71) The City Engineer said that the report on the two types of FHA programs can be found in the Council Agenda. Mr. Frank Reese, Architect for the De-4elopment, came forward and showed an elevation and the plans on the easel. Each building will have six three bed- room units. There will be brick facing up to the second floor level. The distance from the front door to the garage is about 75 feet and the distance from the back of one building to another would be between 55' to 65' . The units along 69th Avenue have brick fireplaces. The sides of the garages along 69th Avenue will be brick. The other material used is prefinished paneling which has a 15 year guarantee and seems to be very permanent. The center units in each building protrude 8 feet in front of the other units on REGULAR COUNCIL MEETING OF NOVEMBER 15, 1971 PAGE 5 , MOTION by Councilman Liebl to instruct the Building Inspector to inspect both interior and exterior of the homes in Fridley involved next to the construction project. Seconded by Councilman Kelshaw. Mrs. Pikus asked if they were going to continue blasting, and added that their living room ceiling was already cracked. Mr. Cornelius said this was like a cancer - you cannot see damage done in the ground to the footings and foundations. Mr. Henry Zimmer, 4021 California Street, said that if the Council would revoke the permit to blast until a full inspection is made, the company would come around and state the damage would be taken care of. He said he had a stucco house that is cracked, and there is an apartment house near him that is cracked also. Mr, Dick Smith (Barton Construction) has checked the houses and he is telling people that their houses are poorly constructed and the cracks were there before. He said they were caused by the cold weather. Mr. Smith has said they would buy the paint to paint over for the inside, but Mr. Zimmer said he did not know what could be done with the stucco. If Park's permit was revoked, it would force them to come before the Council to get it rein- stated. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Mrs. Pikus said then until this is checked out, they will continue blasting. Councilman Harris said that the Council expects Mr. McDonald to attend the meeting later this evening and then Fridley will have a report on what has been done in Columbia Heights. This will have an impact on Fridley's decision. Fridley will be moving on this the first thing in the morning. Mrs. Pikus said that her bathroom ceiling is tiled, which is unusual, and the grouting is falling out. She had Mr. McDonald come to her house and she was told by Mr. McDonald that he regrouts every year. Councilman Breider asked the Fire Prevention Bureau Chief about Park's burning violation. Mr. Aldrich said that he had informed Mr. McDonald when he received the complaint about leaving the burning unattended, that his permit was in jeopardy, and that it had to be attended. Friday night they bulldozed the site and piled dirt on it, and obviously thought it was out, but it was not. Saturday night he went up there and it was still burning. He said he knew of no special method of burning. Councilman Kelshaw asked if the permit was granted by the PCA on the basis that there was some new method of burning. Mr. Jacobson said that is what he was told. Councilman Kelshaw asked if Fridley granted the permit on the basis that the PCA authorized it. The Fire Prevention Bureau Chief said that if anyone wants to burn, he makes application to the PCA through his office and he forwards it on. If the PCA approves the permit, then Fridley has to approve it. Councilman Liebl wondered if Fridley could not revoke the permit if there was a violation. The City Attorney asked if the permit was from the PCA or the City. The Fire Prevention Bureau Chief said it is from both. The City cannot give a permit without PCA approval. Councilman Breider said that Park Construction has been notified and if they are in violation once more, the permit will be revoked. The Fire Prevention Bureau Chief said yes, this is what he told them this morning. REGULAR COUNCIL MEETING OF NOVEMBER 15, 1971 PAGE 7 ` r II each side to give an interesting shadow effect. Councilman Harris asked how the backs of the buildings are treated. Mr. Reese said they are using dif- ferent color stains along with the large sliding patio doors. There is no brick in the back of the buildings. Councilman Harris asked if it was correct there were five fireplaces for 141 units and Mr. Reese said yes. Councilman Harris said that using the multiple units concept and applying it to town- houses, there is a requirement that 50% of the construction materials be some- thing other than wood. Mr. Jim Wiensch, Partner, commented that in that case, Fridley could not accept Frank Lloyd Wright. He continued that originally the plans were for 200 apartments to be rented at about $150 - $190 and this has been cut down to 141 units with a rent of $270. Councilman Breider asked if the brick colors would be staggered and Mr. Reese said yes. He then asked how many units total would have brick fronts and Mr. Reese replied 72. Councilman Breider asked what they would use to treat the plywood panels in 15 years when the guarantee runs out. Mr. Reese said some type of acrylic paint rather than a lead or oil paint. He added that there are guarantees being given on this type of paint now too. Councilman Harris said he noticed on the buildings behind Lynwood Bowl, there was some problems with the paint peeling. Mr. Wiensch said the problem stemmed from the fact the paint was put on the gutters and down-spouts right away and it should have waited a year. If not properly prepared the paint will not stay on. They were painted in November, which is not a good time to paint. Mr. Wiensch said he was not too happy with the use of the prefinished panels either, because of the maintenance and suggested they could be stucco. Mr. Reese showed a sample of the paneling at the Council table and said he had it on his home for 13 years and there has been no pro- blems with fading. A lot of research went into what materials were used on other townhouses that were most durable. Mr. Wiensch said there may be a problem of water catching in that area and there could be paint peeling, therefore, he would favor stucco. Councilman Harris agreed he would like to see something other than the panels. He asked if there was a single door, or if there was some sort of storm or screen door. Mr. Wiensch said there would be a single door guaranteed for 20 years with no storm or screen door. He added the units would be centrally air conditioned, so there would be no need for a screen door. Councilman Harris asked what type of windows would be used. Mr. Reese said they would be aluminum with an anodized coating put on at the factory. There would be concrete steps in front. Councilman Harris asked if there would be window wells and if they would be covered. Mr. Wiensch said the window wells are about � in and � out of the ground,so they would not be covered. Councilman Liebl asked Mr. Larson with the additional brick, stucco and fire- places on 69th, what is the cost per unit. Mr. Larson said about $22,000 in construction costs before adding the brick and fireplaces. Councilman Liebl asked if they were all three bedroom units with full basements and the full compliment of appliances and Mr. Larson said yes. Councilman Harris asked if the garage is included in the price of the rent and Mr. Larson said yes, a garage is assigned to each tenant. Councilman Liebl commented that they have come a long way from what they originally proposed. Councilman Harris asked how many different types of brick they would be using. Mr.' Reese said probably four. Mr. Wiensch added that they have hired an artist to coordinate the colors. I REGULAR COUNCIL MEETING OF NOVEMBER 15, 1971 PAGE 8 r The City Engineer said he would like to point out that if the Council approves this plan, there are still things required in the Code they will have to do, such as curbing on 69th Avenue. At the last meeting, he mentioned that the developer should provide access to the park along with six parking spaces. His department also feels there should be additional parking space provided. There are two parking spaces provided for each three bedroom unit, but the ordinance for R-3 requires 2� parking spaces. Perhaps a compromise would be to provide 214 parking spaces for each unit. There is room for this. Mr. Wiensch said they would provide the park access and the six parking spaces by the park. They feel there would probably be 50% of the tenants with 2 cars and 50% with 1 car. The ordinance is for apartments, not townhouses. He would like to point out that with the addition. of every new parking space, some green area is lost. They would be willing to sign a letter that they will put in the additional parking if it proves necessary, but they would hate to put in unused blacktop at the expense of losing some green area. He added that as a rule you do not get individuals renting townhouses, you get families. The City Attorney suggested the City Engineer and the Architect might delineate on the plans where the additional 35 parking spaces would be located if they should be needed. MOTION by Councilman Breider to approve the plans with the following stipu- lations: #1. The wood panels are to be removed and replaced with stucco. #2. There are to be five fireplaces on 69th Avenue. #3. The sides of the garages facing 69th Avenue are to be bricked. #4. The colors of the brick are to be staggered to achieve a pleasing effect. #5. Receipt of a letter from the developers they will agree to put in an additional 35 parking spaces if it proves necessary after review 18 months after completion of the project. A map is to be included deli- neating the location of the parking spaces. #6. They will provide access to the park and six additional parking spaces by the park. The motion was seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUT;ON #147-1971 - ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1972-1 & ST. 1972-2 (MSAS) : The Council noted that the petition against the improvement of Clover Place has been withdrawn as the people have changed their minds. MOTION by Councilman Kelshaw to adopt Resolution #147-1971. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #71-07 WAY DAR LAND CORPORATION BY WAYNE PETERSON TO REZONE FROM R-3 TO C-2 THAT AREA GENERALLY LOCATED ON THE EAST SERVICE DRIVE OF T.H. #47 NORTH OF 53RD AVENUE: MOTION by Councilman Liebl to approve the ordinance on first reading and waive the reading. Seconded by Councilman Kelshaw. IL. REGULAR COUNCIL MEETING OF SEPTEMBER 25, 1972 PAGE 2 There followed a discussion at the table while looking at the survey. The City Engineer said that he had informed Mr. Templin of the proper procedure for applying for a variance. In this case there is City park property to the north of the lot. Mr. Templin added that there is some hurry as the party buying the house would like to be in by Christmas. MOTION by Councilman Mittelstadt to approve the variance requested by Mr. sam Templin for Lot 1, Block 1, Edgewater Gardens Plat 2, as shown the Council this date and marked as "Exhibit A" . Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Brelder declared the motion carried. ORDINANCE #520 - AN ORDINANCE ESTABLISHING AN ENVIRONMENTAL QUALITY COM- MISSION FOR THE CITY OF FRIDLEY: MOTION by Councilman Mittelstadt to adopt Ordinance #520 on second reading, waive the reading and order publication. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #72-09 BY CHARLES JORDAN (CHUCK'S GULF STATION) TO REZONE FROM C-1 TO C-2, THE AREA GENERALLY LOCATED AT 7250 CENTRAL AVENUE: MOTION by Councilman Mittelstadt to table this ordinance due to the fact that there are not sufficient votes to approve a rezoning. Seconded by Council- man Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. SETTING PUBLIC HEARING DATE FOR CATV ORDINANCE AMENDMENTS: Mayor Pro tem Breider said that this would be a hearing to consider the amendments that have been suggested to the CATV Franchise Ordinance #496. At this hearing, the Ordinance amendments are to be the only order of business. MOTION by Councilman Mittelstadt to set the public hearing date for October 17, 1972 at 7:30 P.M. (Tuesday), in the Council Chambers to consider the CATV Ordinance amendments. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Braider declared the motion carried. CONSIDERATION OF APPROVAL OF FINAL PLAT P.S. #72-03, TIMBER RIDGE BY ROBERT McGREGOR, AND FINAL TOWNHOUSE DEVELOPMENT PLAN, AREA LOCATED SOUTH OF 69TH AVENUE AND 1,000 FEET WEST OF CITY LIM The City Engineer said that the public hearing was last Monday night and there were no objections. The Planning Commission recommended approval of their requests with some stipulations. The plat could be approved subject to the drainage and utility plans being approved by the Engineering Depart- ment, $500 to be placed in parks escrow and a dedication of park property along the south property line. MOTION by Councilman Mittelstadt too approve the Final Plat Timber Ridge P.S. #72-03 subject to the stipulations outlined by" City Engineer and the Planning Commission. Seconded by Council`m'an Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. - - 1 THE MINUTES OF THE REGULAR COUNCIL MEETING OF SEPTEMBER 25, 1972 The Regular Council Meeting of the Fridley City Council was convened at 7:30 P.M. , September 25, 1972. The Meeting was called to order by Mayor Pro tem Breider in Mayor Liebl's absence. PLEDGE OF ALLEGIANCE: Mayor Pro tem Breider led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: Councilman Mittelstadt offered the Invocation. ROLL CALL: MEMBERS PRESENT: Mittelstadt, Breider, Utter MEMBERS ABSENT: Liebl ADOPTION OF AGENDA: Mayor Pro tem Breider said there were some items to add to the Agenda as follows: #2A Setting Public Hearing Date for CATV Ordinance Amendments for October 17, 1972. #23 ' Receiving the Resignation of Mrs. Jacqueline Johnson from the Fridley Industrial Development Commission. #24 Receiving Suggested Names From Winston Jacobson for the Environmental Quality Commission. #25 Receiving Petition #17-1972, Complaint of Speeding on 7th Street from 57th Avenue to 63rd Avenue. MOTION by Councilman Mittelstadt to adopt the Agenda as amended. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. VISITORS: Mr. Sam Templin - Request for a Front Yard Variance for Lot 1, Block 1, Edgewater Gardens Plat 2. Mr. Templin said that he has a front yard setback variance he would like approved. He said the reason he needs this variance is because of the irregularly shaped lot and so the house will line up with the rest of the houses in the block. Councilman Mittelstadt said that Mr. Templin called him last week and he told Mr. Templin that he could appear before the Council tonight under the Visitors section. This variance seems logical so that the house would be more in line with the rest of the buildings. Mayor Pro tem Breider asked Mr. Templin VQ bring his certificate of survey forward to the Council table. ORDINANCE NO. 443 AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: The North 813 feet of the East three quarters (E 3/4) of the Northeast Quarter (NE;) of the Northeast Quarter (NE-I4) of Section 13, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota Is hereby designated to be in the Zoned District known as R-3A (apartment and multiple dwellings) SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area from zoned district R-1 (single family dwellings) to R-3A (apartment and multiple dwellings district) . PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 15TH DAY OF DECEMBER, 1969. MAYOR - JACK 0. KIRKHAM ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: March 10, 1969 First Reading: March 17, 1969 Second Reading: December 15, 1969 Publish. . . . . . . : March 29, 1972 x