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. )
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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
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(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
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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
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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 .
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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
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,...-�sals� 7.{.�f-___ _FJf�..•-..��dT••. .i�»-del r-_._. .y�j�- - - ---- - -- - AOAD - " +�----- .._ __..--- •----_.. - _.__._. - _—. _ i .ct �.
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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.,
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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�
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State :tied lac Dve hereon X2.20
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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; �
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Plug; ;J, if ocatcd in the :-C-V of City of Fridley
C.
(unplatted
53913 Scc. 1 � ;, ,!'C',T 1t 10
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a. � 7�'...r_
description attached
D::acA ibed as
TO
Village of New Brighton _
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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
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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
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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
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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
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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.
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REGULAR COUNCIL MEETING OF NOVEMBER 1, 1971 PAGE 12
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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) :
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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 `
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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.
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REGULAR COUNCIL MEETING OF NOVEMBER 15, 1971 PAGE 8
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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
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