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ZOA69-03 CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA X Rezoning PLANNING AND ZONING FORM Committee of Five: Number #69-03 Paul G. Roberts Special Use Permit Clarence A. Lowe George Halvorson Variance APPLICANT'S SIGNATURE See Exhibit "A" William R. Dolan N. Johns&R Lot Splits Address Attached Approval of Pre- Telephone Number N. Craig Johnson - 545-3795 liminary Plat Approval of Final Plat PROPERTY OWNER'S SIGNATURE See Exhibit "A" S. G. Pearson Co. , Inc. Streets or Address Attached 801 2nd Ave N... - Mpls. Vacations Telephone Number 784-7980 or Fr. 7-5520 Other Street Location of Property SEC 799th Way and East River Road Legal Description of Property See attached Present Zoning Classification R-3; C-2-S; and M-1 Existing Use of the Property_ unimproved , Proposed Zoning Classification, Special Use, Variance or other request R - 3 Describe briefly the Type of Use and the Improvement Proposed 300 units; garden- type multifamily buildings Acreage of Property, 15 .9 (+ or_� Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Variance or Special Use Permit on the Subject Site or Part of It? No When? What was Requested Fee Enclosed $ 40.00 Date Filed 2/3/69 Date of Hearing_ 2/27/69 'PLANNING AND ZONING FORM PACE 2 Number #69-03 The undersigned understands that: (a) A list of all residents and owners of pro- perty within 300 feet must be attached to this application. see attached (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the pro- ceedingS resulting 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 to the undersigned. Residents and Owners of property within 300 feet PERS014S ADDRESS A sketch of proposed property and structure must be draorn 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. Will be forwarded 4. Street Names 5. Location and use of adjacent existing buildings (within 300 feet) . The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE 2/3/69 SIGNATURE See attached (APPLICANT) Approved Denied By the 3oasd of sppeals Subject .to the Following Conditions: date Approved Denied by the Planning Commission on Subject to the following Conditions: date Approved Denied by the Council on Subject to the Following Conditions: date Form PC 100 Al C E V E F 1969 '1819il0illil2jli2,3A5i6 A ZOA #69-03 EXHIBIT A Supplement to zoning request 1. PROPERTY OWNER: Owner's Signature: - . Owner's Address: e?ox Owner's Telephone Number: 7/L;t/o osz f/Z 7 5'SZ2) 2 . APPLICANTS; Paul G. Roberts, Old Cedar Road, Route 1 , Rosemount, Minn. 432-7023 Clarence A. Lowe, 1580 E. Constance Dr. , Golden Valley, Minn. 545-5456 eorg vorson, 940 Angelo Dr. , Golden Valley, Minn. 588-7250 William R. Dolan,5318 Upton Avenue S. , Minneapolis, Minn. 926-0368 I N. Craigohns 517 Oxford Avenue Edina Minnesota J � 929-2720 Qadt Claim Dead. Form No. 31—M. Killer-Davis Co., Minneapolis. Ul"a Aff"I'laea U Tbis; 3nbenture, Made this......................................................day of...........NQv.g.mb..e .................. 190...... between a corporation under the laws of the State of...............Rinneg.Q.t.a. . ..........................I..........I party of the first part, and ..........S.....ca....ZEARSOK...Go.^.#....Tz.C.,% a corporation under the laws of the State of......Miaues.o.ta............................................................................................................. party of the second part, Witnefigetb, That the said party of the first part, in consideration of the sum, of ..................... VALUABLE CONSIDERATION— ...... ...... DOLLJR3, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledied, does hereby Grant, Bargains, Quitclaim, and Convey unto the said party of the second part, its successors and assigns, Foy-ever, all the tract...........or parcel...... ... of land lying and beinj to the County of.................. ......................AUQ.ka.......... ......................and State of Jflnne8ota, described as follows, to-wit: That part of Oltc Southwtst Quarter of the SOUtheaSt QUal ter r, i ion 3, Township 30, Range 24, Anoka County, Minnesota described as beginning at the Southeast corner of Pearson's lst Addition; thence South 89058'40" West along the South line of said Pearson's 1st Addition 120 feet; thence South 18010'35" East 120 feet; thence North 89058'40" East 120 feet more or less to the South- westerly right of way line of the Great Northern Railway Co. ; thence North- westerly along said right of way line to the point of beginning. It is the intention of the party of the first part to release to the party of the second part the easement for turnaround purposes in and over the above described property created by a certain easement grant dated September 23, 1963, filed In the office of the Registrar of Titles of Anoka County, as Document No. 46268 on Certificate of Title No. 32140, on the 3rd day of February, 1964. First p7., ; the Deed T ,, State of P01 i n r:e 'r cciweyanco tc 6.1); irb Iln belt +r &,irtir Ina i ;t - ,t i i� �4 --OFFICIAL NOTICE !; CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: i NOTICE IS HEREBY GIVEN THAT the Board of'Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, February 19, 1972 to consider the following matter: A request for a variance of Section 45.073, 1A, a to reduce the lot area required for 295 living units in five separate buildings, from 737,500 square feet (29.500 square feet x 295) to 700,564 square feet to allow the construction of the 5th building of the apartment complex, to be ,j located on Lots 1,2,3,4,5 and 6, Block 2, Pearson's ! lst Addition and on part-of U.S. Lot #2, the same ' being 7805 East River Road N.E., Fridley, Minnesota. a (Request by Five Sands Development Company, 7845 East River Road N.E., Fridley, Minnesota.) 9 7 Anyone who desires to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS 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 February 27 , 1,969 in the Council Chamber at 7 : 30 P.M. for the purpose of: Consideration of a rezoning request by N. Craig Johnson (ZOA #69-03) to rezone from C-2S (general shopping areas) and M-1 (light industrial areas) to R-3 (general multiple family dwellings) , the following described parcel which is that part of the S 1/2 of Section 3, T-30 , R-24 , Anoka County, Minnesota described as follows : Beginning at the most Southerly corner of Lot 1 , Block 1 , Pearson' s 1st Addition ; thence Northeasterly and Easterly along the Southerly line of said Pearson' s 1st Addition to the Southwesterly line of the Great Northern Railroad Company right of way; thence Southeasterly along said Southwesterly . right of way line to a point 606 . 60 feet Northwesterly of the Southerly line of said S 1/2 of Section 3 , as measured along said Southwesterly right of way line ; thence Westerly, parallel with said South line of the S 1/2 of Section 3 , to the Northeasterly corner of Outlot A, Pearson' s 2nd Addition; thence continuing Westerly and Southwesterly along the Northerly line of said Pearson' s 2nd Addition to the North- easterly right of way line of East River Road; thence North- westerly along said Northeasterly right of way line to the point of beginning. Generally located South of 79th Way between East River Road and the railroad tracks . Anyone desiring to be heard with reference to the above matter may be heard at this time . OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION PUBLISH: February 12 , 1969 • February 19 , 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 April 7 , 1969 in the Council Chamber at 7 : 30 P .M. for the purpose of : Consideration of a rezoning request by N. Craig Johnson (ZOA #69-03) to rezone from C-2S (general shopping areas) and M-1 (light industrial areas) to R-3 (general multiple family dwellings) , the following described parcel which is that part oi: the S 1/2 of Section 3, T-30 , R-24, Anoka County, Minnesota described as follows : Beginning at the most Southerly corner of Lot 1 , Block 1 , Pearson' s 1st Addition ; thence Northeasterly and Easterly along the Southerly line of said Pearson' s 1st Addition to the Southwesterly line of the Great Northern Railroad Company right of way; thence Southeaster'y along said Southwesterly right of way line to a point 606 .60 feet Northwesterly of the Southerly line of said. S 1/2 of Section 3 , as measured along said Southwesterly right of way line; thence Westerly, parallel with said South line of the S 1/2 of Section 3 , to the Northeasterly corner of Outlot A, Pearson's 2nd Addition; thence continuing Westerly and Southwesterly along the Northerly line of said Pearson's 2nd Addition to the North- easterly right of way line of East River Road; thence North- westerly along said Northeasterly right of way line to the point of beginning . Generally located South of 79th Way between East River Road and the railroad tracks . Anyone desiring to be heard with reference to the above matter may be heard at this time . JACK 0 . KIRKHAM MAYOR PUBLISH: March 19 , 1969 March 26 , 1969 ZOA #69-03 1 PROPERTY OWNERS WITHIN 300' OF THE SUBJECT SITE 1 . Barry Blower - 99 77th Way 2 . Richard J. Parish - 5830 Admiral Lane, Minneapolis Wyman Smith - 211 N. E. Logan Parkway, Minneapolis 3 . Richard Rush - 3619 Janssen Avenue N. , Chicago, Ill. 60613 4. Dr. Irving Herman - 2605 Natchez Avenue S. , Minneapolis 5 . Charles Floer - 161 79th Way N. E. 6. Peter Platakis - 862 22nd Avenue S. E. , Minneapolis 7. J. T. Kelly, 3801 Crystal Lake Blvd. , Robbinsdale 8 . Cyril Paulson - 131 79th Way N. E. , Fridley 9 . Hugh Churchill - 121 79th Way N. E. , Fridley 10. John Hayes - 136 Liberty Street N. E. , Fridley 11 . Agnes Ekola, c/o Hulstand & Abate, Hibbing, Minn. 12 . Glenn Stack - 821 Washington St. , Anoka, Minn. 13. Gertrude A. Podlasek and Joan M. Weiber - 154 Longfellow St. , Fridley 14. C. H. Miller - 176 Longfellow St. N. E. , Fridley r.z�5. Grady Finance Co. , Inc. 190 Longfellow 16. Maynard E. Schommer, 7905 E. River Road, Fridley 17 . Paul Burkholder - 7860 Alden Way N. E. , Fridley 18 . Chester Maciaszek - 6380 Quincy St. N. E. , Fridley 9 . George Johnson - 211 79th Way N. E. , Fridley 20. M. A. Biddle, - 4800 Cedar Lake Road, Minneapolis 21 . Arthur B. Hoyt - 3558 McKinley Street N. E. , Minneapolis -1- • ZOA #69-03 22. N. P. Hayes - 6132 Elm Street, Morton Grove, Ill. 60053 23. Walter Schultz - 260 Longfellow N. E. , Fridley 24. Francis Anderson - 7760 Pine Street, Minneapolis, 55421 25. Juster Enterprises - 311 Produce Bank Bldg. , Minneapolis 26. Edward V. Ahrens - 160 Craigbrook Way N. E. , Fridley 27. M.A.C. Methodist Church - 170 Craigbrook Way N. E. , Fridley 28. John Dumphy, 155 Stonybrook Way N. E. , Fridley 29. Charles Martin - 133 Stonybrook Way N. E. , Fridley 30. Douglas Lindquist - 194 Pearson Way N. E. , Fridley 31. Willis Lockrem and J. I. Carlson - 184 Pearson Way N. E. , Fridley & 2 . Andrew Donnay - 174 Pearson Way N. E. , Fridley 33. Kenneth Gere - 165 Craigbrook Way N. E. , Fridley 34. Elden Metaxas - 175 Craigbrook Way N. E. , Fridley 35. Roger Jones - 185 Craigbrook Way N. E. , Fridley 36. Margaret J. Gaines - 140 Craigway N. E. , Fridley 37. Marcel Froneyberger - 7883 Firwood Way, Fridley 38. Kirylo Czichray - 147 Craigway N. E. Fridley 39. Garden City Construction - 801 Second Avenue N. , Minneapolis, 55405 40. Marvin Goedel - 7861 Firwood Way, Fridley 41 . Marilyn E. Johnson - 7833 Firwood Way, Fridley 55432 42 . Superamerica Stations, Box 9 , St. Paul Parr Minn. 55071 c/o H. Hanson 43. Hennepin Trading Co. (LeRoy Miller, d/ba) c/o 425 Merchandise Building, 6th & Hennepin, Minneapolis z�- -2- L � _ ZOA 469-03 ,, = Committee of Five SE corner 79th Way & R. Rd., Rezone from R-3, C-2S & 1 to to R-3 .1�. - --/tis.�:.... JID - t ELYtit. -I." f,J.41./O Ms 16!/ �\Q '3t .I7�3:13/�J tJ�•t:; •1 • i,• ;`~ N'' �q�J•I�/. !,U...,�,IIt�/+r,l/J f•):�t7-6 .`�. = J• r Ali '1- +." /.I• •• !t� !.. .'; '1,1 �V` I9 1! =1 �.{ `L;{�ltil.,l, / •�J" ' ,� ! 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'A`�J• _C`t.f �'.,.I..I�t•�� L_ (Official Publication) OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORETHE - - PLANNING COMMISSION TO WHOM IT MAY CONCERN Notice is hereby given that there will be a Public Hearing of the Planning Commis- sion of the City of Fridley in the City Hall at 6431 University Avenue N.E.on February 27, 1969 in the Council Chamber at 7:30 p.m.for the purpose of Consideration of a rezoning request by N.Craig Johnson ZOA No. 69-03) to re- zone from C-2S general shopping areas) and M-1 slight industrial areas) to R-3 ¢ general multiple family dwellings), the 'following described parcel which is that a part of the S 'z of Section 3,T-30. R-24, Anoka County, Minnesota described as follows: Beginning at the most Southerly corker of Lot 1, Block 1. Pearson's 1st Addition; thence Northeasterly and East- erly along the Southerly line of said .Pearson's 1st Addition to the Southwest- erly line of the Great Northern Railroad Company right of way; thence South- easterly along said Southwesterly right of way line to a point 606.60 feet North- - 'westerly of the Southerly line of said S 'z of Section 3, as measured along said Southwesterly right of way line; thence Westerly,parallel with said South line of the S 'z of Section 3, to the Northeasterly corner of Outlot A. Pear- , ,son's 2nd Addition; thence continuing I Westerly and Southwesterly along the Northerly line of said Pearson's 2nd i Addition to the Northeasterly right of way line of East River Road; thence Northwesterly along said Northeasterly right of way line to the point of begin- ning. Generally located South of 79th Way between East River Road and the railroad tracks. Anyone desiring to be heard with refer- ence to the above matter may be heard I at this time. OLIVER R. ERICKSON Chairman Planning Commission i Feb.12&19,1969)—TC (Official Publication) OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONC ERN: 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 April 7, 1969 in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a rezoning request by N.Craig Johnson(ZOA No.69-03)to rezone from C-2S (general shopping areas) and M-1(light industrial areas)to R-3(general multiple family dwellings), the following described parcel which is that part of the S Vi of Section 3, T-30, R-24, Anoka County.Minnesota described as follows: Beginning at the most Southerly corner of Lot 1,Block 1,Pearson's 1st Addition; thence Northeasterly and Easterly along the Southeriv line of said Pearson's 1st Addition to the Southwesterly line of the Great Northern Railroad Company right of way: thence Southeasterly along said Southwesterly right of way line to a point 606.60 feet Northwesterly of the Southerlv line of said S 1,2 of Section 3,as measured along said Southwesterly right of way fine; thence Westerly, parallel with said South line of the S 'h of Section 3, to the Northeasterly corner of Outlot A. Pearson's 2nd Addition;thence continuing Westerly and Southwesterly along the Northerly line of said Pearson's 2nd Addi- tion.to the Northeasterly right of way line of East River Road:thence Northwesterly along said Northeasterly right of way line to the point of beginning. Generally located South of 79th Way be- tween East River Road and the railroad tracks. Anyone desiring to be heard with reference to the above matter may be heard at this time. JACK O.KI RKH A M Mayor i Ma r.19&26.1969)—TC ZOA #69-0 COMSTOCK & DAVIS INC. Com ittee3 Committee of Five 1446 COUNTY ROAD "J" N. Craig Johnson MINNEAPOLIS 21, MINNESOTA TEL.: Sunset 4-9346 CONSULTING ENGINEERS November 13, 1962 L 1 Mr. Calvin Brown, City Engineer City of Fridley ' 6431 University Avenue N.E. Minneapolis 21, Minnesota REFERENCE: Your Memorandum No. 215-1962, Dated 11/9/62 SUBJECT: EAST RIVER ROAD TRUNK SANITARY SEWER CAPACITY Dear Mr. Brown: In 1959, under the authorization of the City Council Resolution #82-1959, we conducted a comprehensive study of the existing sanitary sewer connection system of the City of Fridley in accordance with conditions as existed on April 1, 1959. Your attention is called to this report entitled "Comprehensive Study and Report on Existing Sanitary Sewer Collection System. " You will note on Page 27 a compilation of figures entitled "Flow Tabulations" , and in particular, Line "F" , which is the East River Road Trunk Sanitary Sewer. The check point entitled "F-2" is representative of the conditions which you and the Planning Commission are concerned with at this time. You will note the pipe capacity at this check point is 1. 65 efs and the future ultimate peak flow is estimated to be 2 . 034 cfs. You will note in reviewi.n4 the above referenced report that the system was analyzed on a connection basis . For purposes of reviewing check point "F-211, a figure of 800 gallons per connection per day was used as the rate determining factor for peak flow calculations. You will also see that the report recorrimends,. for purposes of future design of facilities, that a higher rate be used to determine peak flow calculations . Since the submission of the 1959 report , Fridley Sanitary Sewer System flows have been analyzed for submission to the North Suburban Sanitary Sevier District on a basis of zoning and applicable flow rates for various zoning classifications . It should be noted that the C2S zoning flow rate is approximately 1250 of the R-1 zoning, and the R-3 zoning is approximately 210% of the R-1 zoning. Should the North Suburban Sanitary Securer District proposal for the construction of interceptors located along the Easterly railroad right-of-dray become a reality, provisions can be made in the future to alleviate any overloading of the East River Road Trunk Sewer by constructing relief sewers from the East River Road Trunk. Sewer to the North Suburban Sanitary Sewer District interceptor. N, C��i iG �Jo��nso�v Citizens consider conflict charge BY JOHN GREENWALD Minneapolis Star Staff Writer I A possible conflict of in- cutor if the estate, and his terest involving Fridley Coun- wife is an heir. cilman Leonard Samuelson is the basis of In addition, he said, his action being_k children own 240 shares of considered by ,non-voting stock in the com- a group of pany. He said the remaining Fridley resi- stock includes 60 voting dents against shares owned by the estate. a recently a Eight Fridley residents met passed rezon "64`f yesterday with lawyer James ing ordinance. 1, Casserly to consider conflict Samuelson of interest action against the I cast deciding ordinance, which enables the' vote in favor Samuelson buyer to build a 294-unit of the c h a n g e Monday, apartment complex on the d e s p i t e a city attorney's site. Most of the acreage had warning that by voting he been zoned for commercial was risking a "substantial and light industrial use. possibility that the court Legal action would find a conflict" if con- flict-of-interest charges are Mrs. Eugene Pett, a mem- made. ber of the group, said she and other persons who were The possibility of such a at the meeting will attempt test is raised by Samuelson's to "get people involved" in relationship to the S. G. Pear- some form of legal a c t i o n son Company, Inc., whose against the ordinance. sale of about 16 acres in the area of NE, 79th Way and Samuelson said yesterday East River Road was depend- that he has "no feeling of ent on city council approval conflict of interest" over his of the rezoning ordinance. vote. He said he receives "no ,femuneration" from his po- lice-president sition as vice-president of S. G. Pearson, and owns no Samuelson is vice-presi- stock in the company. dent of the Pearson Company, which he said yesterday is He said the ordinance has part of the estate of his de- the effect•of "down-zoning" ceased father-in-law, the late the land°from a higher to a S. G. Pearson. lower classification and de- creasing the value of the He said he is also co-exe—property. TO: Mr. Ankrum, City Manager FROM: Mr. Herrmann, City Assessor SUBJECT: Valuation on Property Under Different Zonings Property being Parcel #8400 in Section 3 being East of East River Road between 77th and 79th (S. G. Pearson Company) . If the 198,000 square feet of property zoned M-1 were to have a structure on it as Barry Blower with the same density of structure value per square foot, the building value would be: $ 465,300 The area (359,800 square feet) zoned C-2S under the same value density as Holly Shopping Center would produce a building value of: $ 640,444 With a total improvement value for both M-1 & C-2S being: $ 1 ,105,744 If the M-1 area were built as above but the other area (C-2S) were built to 35% as presently zoned with structures averaging $8.50 per square foot, this would then produce a value of: $ 1 ,070,405 Add in M-1 structure: $ 465,300 With a total improvement value for M-1 & C-2S: $ 1 ,535,705 If all areas, except that which is now zoned R-3, were rezoned R-3 as figured above, it would be large enough for 223 units at 2500 square feet of land per unit. This would produce a structure value at $9,250 per unit of $ 2,062,750 The above figures do not include the area platted as Pearson's lst Addition as this is already zoned R-3. i� AS Jcorporation 9 american mortgage e R am, n� suite . 211 tyro[ west building • 1500 south lilac drive . minneapolis minn. 55416 P ^ (612) 545-3795 9'Es rnc� February 4, 1969 ZOA #69-03 Mr. Darrel Clark Engineering Department City of Fridley 6431 University Avenue N. E. Fridley, Minnesota Dear Mr. Clark: Enclosed is a rezoning request and the accompanying exhibits. As we discussed, I would appreciate a place on the agenda (Planning Commission) for February 27th. Prior to that time I will forward a preliminary site plan to your office. If you should need additional information, please do not hesitate to call me. Sincerely, N. Craig�,onsAon - � President NCJ/ld Encs. mortgage brokers, appraisers, realtors i I II I i G4 '1 UNIVERSITY\AVVC.N.C.�"' rIG0.. 969 AM PM 71819110111112111213141516 A M E M O R A N D U M .June 16, 1969 MEMO TO: Fridley City Council MEMO FROM : Mr. Virgil C. Herrick City Attorney SUBJECT : Duty of councilman to abstain from vot ;ng on re-zoning if councilman has interest in effected real estate. At the request of the City Council , I have researched the law applicable to the question of whether a councilman must abstain from voting if he has indirect interest in property effected by the proposed re-zoning. In doing this research, 1 have checked the Fridley City Charter, Minnesota Statutes, Dunnell 's Minnesota Digest, McQuillan on Municipal a Corporations, and the Law of Zoning and Planning by Rathkopf. In consulting all of these publications, I find very little case law on the subject. My understanding of the fact situation is limited to the statement made by Councilman Samuelson at the June 2, 1969, meeting . From this statement, I conclude that Councilman Samuelson does not personally own the real estate in question but that he does have a relationship to the property through his connection with S. G. Pearson Company, Inc . , and that his wife and minor children have an interest in the property . have been specifically asked whether the following relationships of Councilman Samuelson constitute a conflict which would make him ineligible to vote on the re-zoning : I . The fact that Councilman Samuelson 's position as officer of S. G . Pearson Company, Inc. 2 . The fact that Councilman Samuelson's position as a co- executor of the estate of S . G . Pearson . 3 . The fact that Mrs. Samuelson 's position as an heir of S. G . Pearson. - 4. The fact that Councilman Samuelson's minor children own voting stock in the S . G . Pearson Company, Inc. -2- In checking the Fridley City Charter, I find that it is silent on the question of whether a councilman must or should abstain if he owns property that is being considered for zoning or re-zoning . Likewise, do not find any Minnesota Statute that pertains to this situation . There is, however, a Minnesota Statute that prohibits a councilman from entering into a contract with a municipality except for certain enumerated circumstances that are not material to this discussion. While this Statute is not applicable to the present situation, interpretations of that section, M .S . 471 .87, may be helpful in arriving at an opinion in the present case. It appears to be uniformly held by the Minnesota Attorney General that the fact that a wife of a public official has an interest in a contract or in the company contracting with the public body does not prevent the husband from voting to authorize the contract with the wife or with the company that has some association with the councilman' s wife . In the annotations following 4.71 .87, there are approximately 12- 15 opinions that express this point . Interpretation of 471 .87 has held that a minor child living at home could not be employed or enter into a contract with a public body if the minor's father was on the council . In the present case, S . G . Pearson gave nonvoting shares of stock to Councilman Samue I son's minor children . I understand that this was made under the Uniform Gift to Minors Act which is an irrevocable gift. However, Councilman Samuelson serves as custodian and may under the terms of the Uniform Gift To Minors Act receive expenses from the minors account with court approval . Applying the analogy of not permitting a public body to employ a minor child of an elected officer the relationship between the Samuelson children and the property subject to re-zoning could be considered sufficiently direct so as to require Councilman Samuelson to abstain in the vote. Councilman Samuelson 's relations to the S. G . Pearson Company, Inc. , is that of an officer but not a shareholder . The general rule applied to individuals who have a relationship with a corporation is that a municipality cannot deal with the corporation if the individual councilman stands to profit from the contract . It would be my opinion that if Councilman Samuelson is not a shareholder and is not receiving compensation from the corporation for serving as an officer, that this relationship would not constitute a conflict . Likewise, I do not feel that the fact that Councilman Samuelson is a co-executor of the S . G . Pearson estate would constitute a conflict . have not been able to find any Minnesota Supreme Court cases that are in point on this subject . I have found two cases from other courts that are related. These cases are Schauer vs. City of Miami Beach (Florida ) and Low et al vs. Town of Madison (Conneticut) . Unfortunately, the cases go in opposite directions. Rathkopf commenting on motives of a legislative body states: that the legislative body as such or the individual members of it may have been prompted by unworthly motives in enacting a zoning ordinance or an amendment thereto is a matter of which the courts will not take cognizance . The court can only consider the legislation itself; if the legislation itself meets the test of reasonableness, the courts will not inquire into the question of what may have prompted it. In Schauer vs. City of Miami Beach, the court reiterated the general rule referred to. In the case before it, the ordinance affected a change in the zoning of a large area, permitting its use for multiple family buidings and hotels, and to pass the ordinance required the affirmative vote of $ of the 7 members of the City Council . One of the 5 approving votes was cast by a councilman who would personally gain about $600,000.00 by reason of the increase in the value of the property owned by him in the re-zoning district . The court held that the enactment of the amendment was a legislative function (disagreeing with the New Jersey court in Aldom vs. Borrough of Roseland), and that therefore there could be no general inquiry into the motives of the legislators. The court stated that there was no evidence of fraud or over-reaching, no attempt at concealment of the legislators interest, but on the contrary a public statement of the benefit that would accrue to him by reason of the enactment of the ordinance . In Low et al vs. Town of Madison, the wife of a member of the town 's zoning commission made an application to change the area of land in which her land was located from a residential to a business use . The husband voted in facor. The court held this vote invalid. Ilk CONCLUSIONS am of the opinion that the question of whether a conflict of i nterust exists that would require Councilman Samuelson to abstain from voting on the re-zoing must in i-he first instance be determined by Councilman Samuelson . As a Councilman, he is entitled to ,vote on ',all matters and I do not feel that the opinions of other Councilmen or ,the City Attorney should be susbtituted for his own determination as to whether there is a sufficient persomlinvolverREnt that would,...require him to abstain . cannot give an absolute answer as to how a court would decide the facts of this case . As I indicated above I have not found any Minnesota cases directly in point and therefore this might be the first time that the matter has been determined in Minnesota . 1 feel that if Councilman Samuelson participates in the decision and if the matter is challenged in court, that there is a substantial possibility that the court would find a conflict . r August 27, 1969 g'r. Jake Lumdheim 7 Etta County Engineer Anoka County Court House 16 East Pain Street o1ca. Minnesota 55303 RE: 294 Apartment Comply; Development In The Southeast Corker Of 79th d East River Road I"r Jake: Erwlosed herewith you will find a copy of the plot plan for the above mentioned complex. We are requesting that they dedicate 12 feet along the Westerly property ine of their complex for road purposes and that (mly right turns are to be emitted at the East River Road entrance and all left turns auto Fast River Road are to be made at 79th Way. P,� Please review the attached plan and forward your corments to me. Thank you for your consideration. Sincerely, MSU4 M. QURESHI' P.E. City Engineer-,Director of Planning CC: Harvey Peterson hosier R. Ankrum MI viE w.� 331: ;��» t•k.c. $1S r ♦�r,�y ,r.'ht ,>•`v: y. ; ,r`N 7 La } { y R �.v r t thea asSS * �R� a � rJi1 i t�. 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', ii ry��c*7y kYss x • w na, n sw ', x y �a K Z"'a',L � Y xM `Q it,Pd2 _�•!"a r-'� �a"i t'»`'�k"�4 r. .ar .1'r '•�a +�A +�'.•-9r,' �,' w ;r� t >F �� 'i y4{. „ '`.- °«!+ ^:� x,t, Y ��,, +� � �`..F�' '� Fi ;. t v .� s l v�'�• a ��i�."'� E �• s i }4 ANOKA COUNTY DEPARTMENT OF HIGHWAYS ANOKA, MINNESOTA 55303 E. J. LUNDHEIM, Highway Engineer OFFICE PHONE COUNTY SHOP 421-4765 421-5920 September 17, 1969 Mr. Nasim M. Qureshi, P.E. City Engineer-Director of Planning 6431 University Avenue N.E. Fridley, Minnesota Re: 294 Apartment Complex Development in the Southeast corner of 79th and East River Road. Dear Sir: With reference to your communication of August 27th and the plat on Site Plan of apartment complex at 79th and C.S.A.H. #1 (East River Road) the additional width of course will be a help in providing roadway or traffic lanes. In this site development, any obstacles, etc., should not be permitted in the throat of the entrance to the complex off of C.S.A.H. #1. Yours very truly, 17 Gi- E. J. Lundheim, P.E. County Engineer EJL/lc CITY OF FRIDLE`/ 64$1 UNIVERSITYAVE.N.E. E C v r r � � �� 1969 vim; �M Pr��► �',5,9,10,11,12,1,2,3,4,51f' FRANK M. FUDALI Phone 789-3583 JOHN J. REMES RICHARD H. FUDALI LAW OFFICES WILLIAM J. KEEFER 2408 CENTRAL AVENUE N. E. MINNEAPOLIS, MINNESOTA 55418 November 16, 1970 TO WHOM IT MAY CONCERN: SUBJECT: 7875 East River Road - Phase II This letter is to indicate that there are no off-site improvements presently anticipated in connection with Phase II, other than off- site improvements to service Phase II which run through Phase I (7845 East River Road) . With respect to the off-site improvements contained on Phase I (7845 East River Road) Five Sands Development has filed a performance bond with the City of Fridley for the completion of same. Very truly yours, Nasim Quresthi City of Fridley Engineer and Director of Planning Q +V )� J -- _ s5� 5 FRANK M. FUDALI Phone 789-3583 JOHN J. REMES RICHARD H. FUDALI LAW OFFICES WILLIAM J. KEEFER 2408 CENTRAL AVENUE N. E. MINNEAPOLIS, MINNESOTA 55418 November 17, 1970 NASIM QUERESTHI City of Fridley Engineer and Director of Planning Fridley, Minnesota Dear Nasim: SUBJECT: Five Sands Development - 79th and East River Road I would appreciate it very much if you would prepare and sign on Fridley letterhead two copies of the following proposed letter: TO: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Federal Housing Administration Office of the Director Federal Office Building Minneapolis, Minnesota 55401 Attention: Joseph F. Gabler Dear Sir: SUBJECT: Five Sands Development - Phase I, 7845 East River Road (FHA No. 092-00098) and Five Sands Development - Phase II, 7875 East River Road (FHA No. 092-00125) Please be advised that the proposed construction of a 59-unit apartment building and 32 garages and on-site improvements in connection therewith on the above described Phase I together with proposed construction of a 59-unit apartment building together with 32 garages together with on-site improvements in connec- tion therewith on the above described Phase II are both developments which are proper permitted uses under the zoning ordinances of the City of Fridley. Very truly yours, Nasim Queresthi Chief Engineer, City of Fridley and Director of Planning Very truly yours f RicMrd H. Fudali RHF:kp Noveriler 17 , 1370 iseparvite at Of NioiisinE And UrDan oevelo pent reJe rd1zousil: Aiiliis tratiari i f fico of the ijirector Fe;ieral office uuiiding 1"imicaPolis , Aimesota 55401 Joseph F. Gabler i ear Sir: Suis,iLt T., five Sanas .)4v :lopment - Phase 1 , 7845 Last liver iWa4 (FkA o. 092-00098) and Five Sandsi;�evelop ent - Phase 11 ,,, 7875 . ga DPltiase Ld advised t:2at tAe proposed constructiou of a J9-ujiit aparv.�ent, bulldiai5 and Vic' garages and on- site iaAprovet eiits in connection therewith oli tae above escr i eel Phase T togetiier witii proposed coristrUCtl011 of a 39 unit a.partj,?i elit buildini; tog they witii 32 I;aragcs together with on-site improve i.cias in connection t erewitri on the above described Phase it are roti► developments whic=i ars: pro ger Permitted rases ur ier the Loninl'- ordin,�tices of t to iAty of FritiIcy. 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ST x?110T STTrT II aSVIIJ - ppoN xanTU JSV7 SLRL ' ?D7rgr3 I I I .: _. ;: r KEN NORDLING 211 TYROL WEST BUILDING MINNEAPOLIS, MINN. 55416 • TELFPHONES- Office 544-9159 R.,:d.nc. - 935.9441 November 18, 197 J Honorable Council City of Fridley 6431 University Avenue N. E. Fridley , Minnrota re: 79th & E. River Road Gentlemen: We ask for a waiver from the old Minneapolis Plumbing Code, Section 132, to the new Minnesota State Plumbing Code, Section 123, in regard to materials. The Cit of Minneapolis adopted the new Minnesota Y State Plumbing Code, the week of October 1, 1970. We are building two 59-unit apartment buildings at 79th & E. River Road. We would like to use the new plastic on waste and vent as written in the new Minnesota State Code as adopted by the City of Minneapolis. Sincerely, 14ID-AMERICAN HOMES , INC.. --,_(ry-\�\T7h(eVn; Nordling i KN/ld b } 7 ovet-;ver 27 , 197 Departrient of i ousing acid Urban i c°velop?-tent Federal itciiisirIg Ath inistratioii Office of tiie director Federal �.,fficc buiiuiii" Mlil2Pit'apolis , i'-.inncsuta 15401 Five "ands iiiv lc)p .Lnt - 11hasp: I, - 7845 Al river i-.oad (ffiA iso. 09&2-00098) aiW Five ;:;ands Jovelopment 1'i.asc 11 - 7375 last v.iver i oad (NiA No. 0�41-0012yj Please be advised ttlat ti2€,".' proposed construction of a certaiii 59 miit apartment building on Phase 1 . D 4escribeu above , rias available for iiookup in order to serve, saiu building, sai-iitary sewer fro_n adjo nin ; hast ;diver Road and water frot�i a.ujoininj 79th flay Furt1her, t i .t f' iaso 11 , 7375 Last iver Road , ;as available for iiookup to serve said builc in, , water and Sanitary sewer from aujoinin 7 itix stay N.E. Laid utilities as above mentioned are at the present tiNie locatek inn Said pUblie roads asiu are available for fiookup by cach builuinL in order to servo each buildini;. Very truly yours , ,# �i.ilii IZ i S r , Lity i:n aineer-ilire:ctor of Planning cc: liraper rarer , Inc. �i"a • •,;' -'• :. �" • r,,. � '�.+ - ,. p t�Fr ,,,,, �.'$ 1�'f` '�r .t'�g\y�,.�1Ys„���,��11F .� wD S��' '^�4'f' ';..+ n"' '� ., '':.. �..' pj fix-°yiy � R' � ..' ':t- 'S r'• 'S} tnF-� _. �1,i �'"-'� r ���,�4s :}r a � rt�`�'-y � t,� L� b�t .,,�r 'dC } �`ueu�i�7x 4k. .. Ir•„s�, K.mr - r � �"-'� � •`h ,�4. t -^ yrs X y-'R'`'1{�^" ,�'`i : `Yy rti'�k .a'�.r µ, �r �+,Le". :T ��}'i'u�yi5� � {'t:. Sf'F 1��x 1 -Y•�� �';d »�.�1[�� �!' 3 5��� ;t,�{��r��'� 5 �.1f ����. ' , ''.g ad � +.fit g�.r�}y'i'k.,ye .,�93t���#•' � '���_ ,�,1,�,�y ?'^'moi 'd''71'_� 3 -rtYPf a�,g "` J• 4 -} t�rt. 'C5�S Ry }.1 '�' �q,F 't yi, ' tX �$,�" _ 4 e-�� •, �E... c:. a � ,ik ,'. 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'r.s Y,}� ,�, ''"�kik 'a'{t`F : �'` t4 r �5¢ .xw�l" v •'ns' , An 4-" t_ "t4i a •a 'Y"t 1 �` t i >E ��fi K o to 3 d' .y� � a :+b a �_ .5 s.a 3.a•' `'r.s'+,� r >\ y, 'rR i. r- .ir''�'3t`Ti�, ��•k. _+•` �' e v .: i ' ,N i�s. ;t .•e,'�"+ r E',;r 'F'b -g ��'*, 5 a '.%5 ••� t�.Y'_� 1« f. � t,r s.' t.. ,� � yt y ,. x ter .4,><.. p- a x '' tet. - t t ,� ltd _'. • .;. �''rg' d z;yyg A' i'T-' "]` r ?,�4^' .jt ,Y YI `F 9.". K'S.-�+ .fid :'fq bi✓SS. � `7''- r WAW zt � "��, �' ���. wm•� a� ''�� ±�`��a �^y f�P r•- �° ,•i` c� �"'� � K ,� 4`vc` � a i, z t �=�� ��� ,,,'T' �''� `� '�N �?; 5� �� -r\f,���a�� i� _. ���' 'S ���ST�. rK"� .'i` vq ,. � �., j f';. t '.r •�r 'i. �s�..r'x�`,f� y�•6 v $,t�„t�, .. =„�L•.. L"�.`2.r? „i' s,�'.:.-_.��.:.M�!,�-:,mow-,...t,,. . :.ha1"r...-:,::. c`. .. `:.-4_ ..._: ._ .'�'.' t � <,.- :•f+*. _. ._._ 3r+dM: CCK:.+rtrka'..i.,t'�T'-"�,.._"rv. FRANK �1. FUDALI Phone 789-3583 JOHN J. REMES RICHARD H.,FUDALI LAW OFFICES WILLIA J. KEEFER Xyl w4ir cr4' 2408 CENTRAL AVENUE N. E. MINNEAPOLIS, MINNESOTA 55418 November 27, 1970 NASIM QUERESHI City of Fridley Engineer � Director of Planning Fridley, Minnesota Dear Nasim: Subject: Five Sands Development - 79th & East River Road I would appreciate it very much if you would prepare and sign on Fridley letterhead, two copies of the following proposed letter: "To Department of Housing and Urban Developement, Federal Housing Administration, Office of the Director, Federal Office Building, Minneapolis, Minnesota, 55401, and to; Draper & Kramer, Inc. , 400 First National Bank Concourse Building, Minneapolis, Minnesota. Gentlemen: Subject: Five Sands Development - Phase I - 7845 East River Road (FHA No. 092-00098) and Five Sands Development Pase II - 7875 East River Road (FHA No. 092-00125) Please be advised that the proposed construction of a certain 59 unit apartment building on Phase I, described above, has available for hookup in order to serve said building, sanitary sewer from adjoining East River Road and water from adjoining 79th Way Northeast. Further, that Phase II, 7875 East River Road, has available for hookup to serve said building, water and sanitary sewer from adjoining 79th Way Northeast. Said utilities as above mentioned are at the present time located in said public roads and are available for hookup by each building in order to serve each building. Very truly yours, Nasim Quereshi, Chief Engineer City of Fridley $ Director of Planning rt� FRANK M. FUDALI Phone 789-3583 JOHN J. REMES RICHARD H. FUDALI LAW OFFICES WILLIAM J. KEEFER ��lnld; 9?emej FJ`rrorle,(I 2408 CENTRAL AVENUE N. E. MINNEAPOLIS, MINNESOTA 55418 February 9, 1971 NASIM QUERESHI City of Fridley Engineer & Director of Planning Fridley City Hall 6431 University Ave. N. E. Fridley, Minnesota Dear Sir: On the 13th day of November, 1970, Fridley issued its Building Permit No. 10894 to Five Sands Development for the 59 unit structure which we are building at 7875 East River Road. ions contained in this building One of the stipulations g Permit is as follows: P "Exit and entry for Phase II on 79th at Lincoln Street only". Therefore, this building permit is forbidding us to use over 500 feet of frontage road adjoining this property for ingress and egress. You will find absolutely nothing of an official action in any of the Minutes of any of the Municipal Boards concerning this matter. It is my contention that the City of Fridley is completely without any legal right whatsoever to restrict our use of this public road. This is, of course, why I appeared at the recent Council Meeting and objected to the improvement of 79th. It would indeed be paradoxical if Five Sands would have to pay to improve 79th, with such language in the building permits. I was unaware of the language in the permit until recently when it was pointed out to me by the FHA lawyers from Chicago, when we were closing the mortgage on this building. I am sure you can realize the inconvenience, confusion, and legal red tape which has resulted from a situation where we are trying to build apartment buildings under Federal Housing Authority financing and we have to show the FHA officials stipulations in building permits forbidding us to use public roads. Indeed, this matter was difficult to explain. At any rate, I would appreciate it very much if you would review this situation and then either issue an amended building permit eliminating this stipulation from the building permit or, in the alternative, send me written correspondence specifically referring to this building permit and specifically eliminating this language. 71 NASIM QUERESHI - 2 - February 9, 1971 Initially, and from a practical point of view, we will probably be using Lincoln Street as the only ingress and egress, for an undetermined length of time. We, however, recognize that 79th is a state aid road and in the future, 79th will be cut through to University. We, therefore, obviously do not want to preclude our ability to use 79th at other areas than Lincoln Street. Very truly yours, Richard H. Fudali RHF:lq cc: KENNETH V. NORDLING 211 Tyrol West Building Minneapolis, Minnesota 55416 VIRGIL C. HERRICK Attorney at Law 6279 University Ave. N. E. Fridley, Minnesota ANOKA COUNTY DEPARTMENT OF HIGHWAYS ANOKA, MINNESOTA 55303 E. J. LUNDHEIM, Highway Engineer OFFICE PHONE February 16, 1971 COUNTY SHOP 421-4765 421-5920 Mr. Nassim Qureshi, P.E. City Engineer City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55421 Dear Sir: Attached herewith please find copy of a Report from Bather, Ringrose, Wolsfeld, Inc. relative to that portion of County State Aid Highway No.1 (East River Road) just South of 79th Way N.E. in Fridley. Yours very truly, lxi/j//�e I E J. Lundheim, P.E. EJL:lp County Engineer cc: Darrel Clark s LJ J o n ' � VY00 ed,n,ard e. bather , jr. president suite 201 roseville professional center 2233 north hamline avenue roseville , minnesota 35113 phone 612 636-4900 February 10 , 1971 Mr. E .J . Lundheim Anoka County Engineer Anoka County Court House Anoka , Minnesota 55303 Dear Jake : Enclosed please find our Technical Memo on the Fridley Apartment Development at 79th Way N . E . and East River Road . We recommend that immediate upgrading is not needed and that future improve- ments be a part of the county priority list under TOPICS . This will allow federal participation of the funding of any future improvements . From a traffic:-.operations standpoint we feel that two entrances on 79th Way N . E . at Lincoln St . and James St . with no direct en - trance to East River Road Voul d be the best . This would provide access to East River Road at one established intersection which could be adequately controlled as volumes warranted . However , this is not stated as a recommendation in the memo because we are not familiar with the history of the project or the feelings of the neighboring property owners . If you have any questions , please calla *Sincerely yours , BATHE R-R �G-R'5_SE-WOLSFELD , INC . E . C.Ir Bather, Jr. ECB :aw Enclosure • transportation planninger1c;lrl�: erlrac� S3 TRAFFIC ANALYSIS of FRIDLEY APARTMENTS at EAST RIVER ROAD & 79TH WAY N . E . Introduction A 2.95-unit apartment complex is being developed in Fridley , Minnesota , between East River Road ( Anoka CSAH 1) and the Bur- lington Northern Railroad tracks immediately south of 79th Way N . E . This report is an analysis of the impact of this develop - ment on the existing traffic patterns on East River Road and the access to the development . The basic questions addressed by this analysis are : What effect will traffic generated by the development have on peak hour operations on East River Road? What special provisions are necessary in terms of turning lanes to provide adequate ingress and egress to the develop- ment? Existing Conditions A general description of existing operating conditions on East River Road and the characteristics of the development are listed in Table 1 . TABLE 1 EXISTING CONDITIONS TRAFFIC CHARACTERISTICS - 1969 TOPICS Inventory 24-Hour A. M . Peak Hour (S . B . ) P . M . Peak Hour ( N . B . ) East River Road at : Volume Volume Capacity. Sneed Volume Capacity Speed County Road 132 6 ,624 464 2 ,500 48 484 2 ,500 47 79th Way N . E . 10 ,038 703 2 , 500 45 733 2 ,500 45 Osborne 11 ,644 815 1 , 300 30 850 2 ,500 25 E {.E Development Characteristics Acreage - 3 .41 Units 295 Parking 576 to East River Road 277* to 79th Way N . E . 299* Entrances 2 to East River Road 1 to 79th Way N . E . 1 *number of parking spaces oriented toward each entrance Trip Generation Many studies have been done on apartment developments whereby traffic accessing apartments has been related to the number of units . Typically , 5 . to 7 trips per dwelling unit per day enter and leave a development . Using the mean value of 6 trips per unit per day , the Fridley apartments would generate 1770 trips per day if all . of the 295-units were occupied . An occupancy rate of 95% would be more realistic which would result in approxi - mately 1600 trips per day . Trip Distribution The 1600 trips per day are made up of 800 inbound trips and 800 outbound trips . The outside destinations of these trips are im- portant in determining the volumes using each entrance and the direction of travel to and from the development . Because East -River Road is a major north -south facility and because most of the - metropolitan trip attractors lie to the south , the predomi - nant trip making from the development will be southward . The expected north-south distribution is 25% northbound and 75% south - bound . This will result on 400 trips to the north (200 out - 200 i,n ) and 1200 trips to the south (600 out - 600 in ) . However , the orientation of the parking- areas with respect to the two entrances is such that about. half of the parking spaces are directly access - ed by the 79th Way entrance . Therefore , the 79th Way entrance can be expected to service more trips to and from the development than the 400 northbound trips might indicate . A reasonable split of the 1600 trips per day appears to be 600 trips using the 79th Way entrance and 1000 trips using the East River Road entrance . tr'' Traffic Assignment The added traffic to East River Road due to the devel.opment is tabulated below by entrance and direction . The .table shows that 150 of the 400 northbound trips use the 79th Way entrance while 250 northbound trips use the East River Road entrance . Of the 79TH ERR TOTAL N .B . 150 250 400 S .B . 450 750 1200 TOTAL 600 1000 1600 1200 southbound trips 450 use the 79th Way entrance and 750 trips use the East River Road entrance . Total traffic at each entrance is thu5 shown as 600 at 79th Way and 1000 at East River Road . How- ever, these are 2-way , 24-hour volumes which must be converted to peak hour volumes in order to evaluate the amount of roadway capa- city used . A low volume road which functions as a feeder to East River Road is 79th Way N . E . No capacity problems will occur on this facility . East River Road is the primary roadway facility and will be the critical capacity area . Reference is made to Table 1 which gives the peak hour volumes and the hourly capacities for the A. M. and P . M. peak periods . Peak period volumes to and from the development are associated with the work trip and can be expected to equal approximately 60% of the dwelling units in the development . This is a result of several fac- tors such as unoccupied dwelling units , different working hours , and tenants on vacation or -sick leave from work . The peak traffic flow as a result of the development , therefore , is 180 trips outbound and 180 trips inbound . This will result in 135 ( 75%) trips destined to the south and 45 (25%) trips destined to the north . The peak hour volumes at 79th Way N . E . will be increased , therefore, by a maximum of 135 trips which will yield an a .m. peak volume of 838 vehicles and a p .m. peak volume of 868 vehicles . The capacity of East River Road in this area is 2 ,500 vehicles per hour which means that about 35% of the existing capacity will be used. Recommendations The 135 additional vehicles in the peak hour destined to the south means that 135 left turns must be made from the development in the morning peak and 135 right turns into the development in the evening L i 1 . s t peak . While no immediate capacity problems will occur due to this development, the turning movements •that will result at the East River Road entrance and at 79th Way N . E . will cause addi - tional conflicts due to slow moving- turning vehicles entering and leaving the traffic stream. The extent of these conflicts is not determinable with any degree of accuracy . Factors such as sight distance , turning radii , and shoulder areas will great- ly affect the traffic operations . It is our conclusion , however, that no additional roadway width is needed at this time for sev- eral reasons . 1 . The turning movements will be split between the East River Road entrance and 79th Way N . E . which will allow driver choice if one entrance becomes overloaded. 2 . Vehicles waiting to turn onto East River Road will be stored on 79th 'Way N . E . or within the development . Both locations are adequate in this respect and will not cause conflicts . 3 . Vehicles turning right off of East River Road will be free flowing . Left turns will have to yield , but will be the minor movement . 4 . East River Road has 2 driving lanes in both directions which will allow passage for non -turning vehicles . Be- cause roadway capacity is 650/1. unused , adequate capacity is available to provide an escape lane . 5 . Good interior circulation is provided which will facili - tate clearance of the entrances . The development as proposed should not cause any critical traffic operations problems in the immediate future . Ultimately , East River Road will be upgraded; and improvements at the intersection of 79th Way N . E . and East River Road as well as the entrance from East River Road may be needed . However, the scheduling of such improvements will have to be staged with respect to County-wide priorities and available funds . Improvements to East River Road in this area will become eligible for federal participation in the future under the TOPICS program. E, t t .FRANK M. FUDALI I Phone 789.353 �� J00N J. REMES II RICHARD H. FUDALI LAW OFFICES WILLIAM J. KEEFER 2408 CENTRAL AVENUE N. E. MINNEAPOLIS, MINNESOTA 55418 February 22, 1971 VIRGIL C. HERRICK Attorney at Law 6279 University Avenue N. E. Fridley, Minnesota Dear Virgil: Subject: 79th Way N. E. - Five Sands Development I did not hear any response from Nasim, relative to my correspondence to him of February 9, 1971, of which I sent you a copy and so I called him the morning of February 22, 1971. Nasim then indicated that he would present the matter to the Council on the hearing of March 1, 1971. I will be out of town on that date, so no representative of Five Sands Development will be appearing. However, Nasim indicated that he would provide the Council with a copy of my letter under date of February 9, 1971 . I indicated surprise to Mr. Nasim that this matter would be directed to the Council, because them is no official Council action whatsoever at the moment that would restrict our use of 79th Way and, therefore, it seems to me to be purely a mistake in issuing the building permit. I have previously discussed the matter with Mr. Darrel Clark of the Engineering Department and Mr. Clark confirmed with me that he had ex- amined all of the Planning Commission Meeting Minutes and all of the Council Minutes in connection with the rezoning of this property, and could find no official action which would restrict our use of 79th. As 79th is a state aid road and is proposed to cut through, in the future, to University Avenue we, as the developers, cannot tolerate a situation whereby the City of Fridley would restrict our use of this public road. Further, it is our position that there is no legal authority for the City Council to restrict our use of a state aid road. I belive my letter of February 9, 1971 is fairly self-explanatory but I am also sending you this letter because I assume that you will be at the Council and the Council will request your legal opinion in connection with this matter. i _ • 73 VIRGIL HERRICK - 2 - February 22, 1971 I know you are familiar with this matter because you and I have met and discussed the matter personally. I am indeed sorry that I cannot be at the March 1, 1971 meeting, but I believe that these letters and the background material sufficiently ex- plains the matter so that my presence is unnecessary. However, I will be very pleased to meet with yourself and the Engineering Department and the members of the Council, either formally or informally at any time whatsoever, to discuss this matter. We are finding it very difficult to carry on with the financing of this project under FHA insured mortgages when our use of state aid roads is restricted. The whole thing is turning into a mountain out of a molehill, because I believe it all started out with a mistake in issuing the building per- mit for the second building, which mistake we must now correct. If you have any questions about this correspondence or if you would like to meet on the matter prior to March 1, 1971, I will be available for any meetings all, of this week. yours, Richar- Fudali RHF:lq cc: NASIM QUERESHI City of Fridley Engineer & Director of Planning Fridley City Hall 6431 University Avenue N. E. Fridley, Minnesota ;r , .FRANK M. FUDALI Phone 789.358 74! JOHN J. REMES I! i RICHARD H. FUDALI LAW OFFICES WILLIAM J. KEEFER 2408 CENTRAL AVENUE N. E. MINNEAPOLIS, MINNESOTA 55418 February 22, 1971 VIRGIL HERRICK Attorney at Law 6279 University Avenue N. E. Minneapolis, Minnesota THE HONORABLE CITY COUNCIL Gentlemen: Supplementing the attached correspondence relative to the problem that Five Sands Development has now encountered with respect to the use of 79th Avenue, our position from a legal point of view is outlined as follows: That 79th Way is a state aid public highway set up under Article 16 of the Minnesota Constitution. That Minnesota Statute 160.18 reads as follows: (Subdivision 3) "The owner or occupant of property abutting upon a public highway, having a right ofdirectprivate ac- cess thereto, may provide such other or additional means of ingress fiom and egress to the highway as will facilitate the efficient use of the property for a particular lawful purpose, subject to reasonable regulation by and permit from the road authority as is necessary to prevent interference with the construction, maintenance and safe use of the highway and its appurtenances and the public use thereof". The "road authority" mentioned in this Section, is the Anoka County Board as defined in Minnesota Statute 160.02, Subdivision 9. The Five Sands Development premises adjoining 79th Way Northeast was re- zoned to multiple dwelling by the City Council on July 7, 1969 (Ordinance No. 424, published July 16, 1969) . Therefore, the permitted use on this property is apartment complexes. The above stated statute specifically says that the owner has a right to direct private access to a public street. If there is to be any reasonable regulation, it is to be by a County Board on a state aid road and not a City Council. 75 VIRGIL HERRICK - 2 - February 22, 1971 Accordingly, it is our position that under State Statute, the City Governing Body has no authority to restrict our use of a state aid public road. I trust, therefore, that the building permit for building no. 2 will be properly amended and that no further building permits will have this re- strictive language in them so that we can proceed with our anticipated use of the premises without further difficulty or proceedings. Therefore, thanking the City Council for its cooperation and attention to this matter, I am, _la-r-y—r-espe`cctfully yours, Richard H. udali, President Five Sands, Inc. ; General Partner of Five Sands Development RHF:lq w �� f City of Fridley, line n 10 7G IST _ BUILDING PMI' �- Date: November 13, 1970 Owner: _.._Five.---Sands-_Development. _ _..-_ Builder _..__Mid American Homes ...•._2408..._Central..Avenue...__...._...._....._...------.._..... Address ---.—ill _Tyrol--_[fest.-._Building..._.__.._....__...._. LOCATION OF BUILDING No. .......7.8.75........... Street .._..._East..._River...Road.._....__................ _..... Part of Lot ............ __... -- - ................. Lot _.Lot.---2.....-..-.--- Block ......1................_.-.......................... Addition or Sub-Division ...Five---Sands_..(.Prn-pas.e.d).._...._....__...�._ CornerLot ..................... Inside Lot .-----.........X.................... Setback ...................................... Sideyard ...........--..._.._..--------............... --- __ Sewer Elevation ..........._...........................-- .............................................. Foundation Elevation .............-....................... —--- DESCRIPTION OF BUILDING To be Used as: 59---_Unit Apt.•o-_ Front -_190•.___ Depth _151.8 _.. Height .....29....._.. Sq. Ft. 28 842 590 630 -----..~--...- Cu. Ft _..._.._.._'--.. __.___...._..-........._.----------......_ Front Depth . Height . Cu. Ft Type of Construction _..............Frame-----_............. Est. Cost ........$590,_000 _....... To be Completed ---•--.....year. .._........._._ Stipulations: 1. Exit & entry for Phase II on 79th at Lincoln Street Only. 2. Water loop to be completed with Phase II- Certificate of Occupancy not to be issued until loop back is completed. 3. Submit storm sewer plan before completion of Phase II. Surface Drain only not permitted. 4. Any hydrants necessary for Phase II must be installed. 5. Provide air change in corridors & Halls according to state board of health and City Codes. 6. Poured concrete curbing around all blacktop parking areas and driveways. 7. Traffic directional control to be provided for East River Road. Out traffic to turn North Only. 8. Unit coverage of area to be recomputed prior to issuing permit for Phase III. 9. Performance Bond of $14,000 haA PoS9,, eMS9Vq9d issuance to me of a permit to constr t the building described above, I agree to do the proposed work in accordance with the description above set orth and in compliance with all provisions of ordinances of the city of Fridley. In consideration of the payment of a fee of$ .......... permit is hereby granted to....._ ._._._ Mid American Homes to construct the building or addition as described above. This permit is granted upon the express condition that the person to whom it is granted and his agents, employees and workmen, in all work done in, around and upon said building, or any part thereof, shall conform in all respects to the ordinances of Fridley, Minnesota regarding location, construction, alteration, maintenance, repair and moving of buildings within the city limits and this permit may be revoked at any time upon violation of any of the provisions of said ordinances. Building Inspector NOTICE: This pormit does not cover the constru;tion, installation for wiring, plumbing, gas hoatir g, sewer or wrtar. 8.0 sura to soe the Building Inapactor for separate pormits for theso items. .F March 120 1971 Mr. Richard Fudali Fudali, Rams & Fudali 2408 Central Avenue N.E. Minneapolis, Minnesota 55418 Re: Removal of Stipulation #1 from Building Permit #14,894 regarding the restricted use of 79th Way 3i.E. Dear Sirs: On Marek 1, 1971, the City Comcil of Fridley considered your request for removal of Stipulation 01 (Exit & entry for Phase II on 79th Way at Lincoln Street Only.) which restricted the use of 79th Way N.E. for Phase II building of Five Sande Deevealopleeent sept at Lincoln Strut. They authorized the deletion of this stipulation from the Building Permit #10,894 for Phase II building of ]dive SamW Development. A copy of the aumdod building Permit is attached herewith for your files. I hope you trill fin# this N isfactM. If you nod any additional information Plewa feel tM tO WQt1Wt NO. Sincerely, HASIM M. QURESHI, P.F. City Engineer-Director of Planning PSM/mh S •�' ? � si J r"w-ya t .p .x xw.cs•�� " y � F.� Y � ,sk�,"' ���,�w��_r�' " d7 wt'. ar }, � xb .y,�,� ark` �� ? -.- �„"�-•'-�. y,. r+ 3r ;�K ix` .a * .,sy 3,r - •� ,F. R's•x$ .fi _kb t.' lS.. �. Yom' ,' a,.•`"^- ¢ `jy ,x4u, s• ,p, �r '�' r_. ���(�•C f � qty 14 •'r�,y'� ���+.- -'U9 `Y^, ", � ro y #,.y ��:X"�•�.�`+'�' y. �y et y, S r: -�'� �,� •'se.F �� �,4 + d 3 w•s tL��'�Nc tid 7x"'�y' -.Y PSI"` .»y X . s,. r °'�yµ•,wt. 3'�# � a' �.:` � *'a7` � 4'�%�' x *lk� rer*,,.• M} x '� � Z4 ,v+. _ �"`�`<,.{}�`,F f�'" 't�. �,:. 1`20 4Z �• '"° ;. .#�a�f'& '.,`.�,�y� 4i�, ,q� s .1 fa t ."�,x ^.'F `� 4r $ ? qu �:�y,�.,, Y ""�_* "' �. •'i"F{N'-� y W�� 44 u � .�• r •_�� ��� �� � r�� ,e y� t � �' ".. ��}�,'�` 7"..p'ir r c +�R.0 E�'°�'a �'rf„ i� *^ ���,�, .w; �rY Lf� i r .. ;-« t �a F •. ,. .,y, "dam"* ,. x + � �, � ' ..•tib` �$,Y .' _:' ,+ � 7 ,�.,p r*` fit,`� '. aVt ��� b'"� ,,{ �+�� � �* ""�,k.•�' ;tiy �'ri`�#�r 3�, �. ,�r�`,.. Z_`; vm 31 I Y n1 -� •� ''� 'Wcu x F as y ^r "A• A+-'.;e a., f'g� .i y�i � '6` � rn ,s i_ � c,l•d'f � T ' �'R �, ,fw 3 � '` wT�"� ,.r S � 7vy g,.. '`r`i� -'t len:F d�% .s +r��,,,. � �� �� g .�f#s :Z y.,��� :s• � 4�,.- � e�+'"`� � Y y�• r ^g4"�j +'&�3r i p� � ��`.'Yt �'�i�n�" k :.� _ ,�s.. �.:-¢'�+".�' ��:i;.t" a•:':-,L...�,� a.�g,''Y� City of Frie ey, roLnu— �, Q � ��. _ 489 . FE1i0-1 MOT Date: November. 13, 1.970 Owner: ----Five..._Sands•_Development Builder rlid..Amercan.._Homes.....................-.__....._............ Address ....._2408_.Centxal Avenue•-•__••.•_.-,-_...._...._......:_.._. Address _..__211 _Tyrol �_;est.-_Bui,lding.-._..__:...._..___..._. LOCAp90"3 OF P-111J NG No. ........ ........... Street ..........Eas t.._R v er.._Ho 1 -.._._...................................... Part of Lot .............._..._.._.._--------------_........... _..._....__._. Lot _..Lot~..-.2•--------- Plock ._..L................_............._.............. Addition or Sub-Division ...Five:_.Sand_s._...�Yrn.p.os.ed).._...._•-•----.--._ CornerI.,ot ........................... Inside Lot ---.._......_.X.--.--..._.......... Setback _---.._..._...._.------_---.--.._ Sideyard ......__ ..._.._.._....._.._....._.._.._...--•--.__ SewerElevation ............_........................................................................__ Foundation Elevation ....._............._.....__..._....--••-.__---.._._ Cal SCRIP111,o 076: To be Used as: 59 Unit Apt-o- Font _.190 _ Depth 1518 29' 28 842 5.9. 016 30 .... Height ....... . .. Sq. Ft. _- -.. _..._. Cu. Ft _... .........__ Front __.___........._.. Depth ....... Height _.................... Sq. Ft. _----_..._...._ Cu. Ft Frame . Est. Cost ._...._$59.0 000. ......... year.To be Completed ....._......._'._....... ' ` Stipulations: ��.-.v-Exit,-& cntry'`zfor- P'rtsse 79th at:•Lincoln-Street-0nlyk, 2. Water loop to be completed with Phase II- Certificate of Occupancy not to be issued until loop back is completed. 3. Submit storm sewer plan before completion of Phase II. Surface Drain only .not permitted. 4. Any hydrants necessary for Phase II must be installed. 5. Provide air change in corridors & Halls according to state board of health and City Codes. 6. Poured concrete curbing around all blacktop parking areas and driveways. 7. Traffic directional control to be provided for East River Road. Out traffic to turn North Only. 8. Unit coverage of area to be recomputed prior to issuing permit for Phase III. 9. Performance Bond of $14,000 h1tr ' arn C"oPSMeJ.i o6YUid issuance to me of a permit to cons t the building described above, I agree to do the proposed work in accordance with the description above set/ orth and in compliance with all provisions of ordinances of the city of Fridley. .� �' , In consideration of the payment of'a fee ofn...•._.., permit is hereby granted Mid American Homes......_........... to construct the building or addition as described above. This permit is granted upon the express condition that the prson to whom it is granted and his agents, employees and workmen, in all work done in, around and upon said bullOdng, or any part thereof, shall conform in all respects to the ordinances of Fridley, Minnesota regarding location, construction, alteration, maintenance, repair and moving of buildings within the city limits and this permit may b-- revoked at any time upon violation of any of the provisions of said ordinances. //— Building Inspector HAi�,K_r1ITHTCIt e3DriC:.•: ihi: pori-zit door not eov.r 63 construction, 1n;1A.-:Cion for wirinu, plum5in�-, fla finzin.-, so•,vor or watar. to SUN to s,a 63 Building iampovor for sop::rato parents for 1!.—n i,:rnm Phone 789-3583 FRANK M. FUDALI JOHN J. REMES , RICHARD H. FUDALI LAW OFFICES WILLIAM J. KEEFER 2408 CENTRAL AVENUE N. E. MINNEAPOLIS, MINNESOTA 55418 April 8, 1971 FRIDLEY CITY OFFICES City Hall 6431 University Avenue N. E. Fridley, Minnesota ATT: Hank Dear Hank: Subject: Street and Utility Easement over Part of Lot 1, Block 2, Pearson's 1st Addition in Connection with Building of Lincoln Street Please excuse this late response to the Quit Claim Deed and the diagram which you sent me. Ken Nordling was out of town and I wanted to discuss the matter with him first. We have no objection whatsoever to granting the City of Fridley the ease- went as prepared. However, we do not want to execute officially any easement grants until after the permanent mortgages are closed on the property. Doing otherwise would mix up the title because the mortgage companies have already approved the title and we would then have to go through a lot of explaining, etc. , and diagrams, etc. , in connection with any new easements that we create. The permanent mortgages will be completed sometime in the year 1971 and we will sign the Deed in 1972 and mail it to you for recording. In the interim, please consider this correspondence authority to proceed to construct Lincoln Street as set forth in the diagram which you sent us. if you have any questions, please call me. ery tr ly yours, Richard H. Fudali RHF:lq cc: KENNETH V. NORDLING 211 Tyrol. West Building Minneapolis, Minnesota SS416 Phone 783 358, M. FUUAL.I - JOHN J. REMES RICHARD H. FUDALI LAW OFFICES WILLIAM J. KEEFER 2408 CENTRAL AVENUE N. E. MINNEAPOLIS, MINNESOTA 55418 June 7, 1971 TO: OLIVER R. ERICKSON ROBERT MINISH 6056 Woody Lane Northeast 331 Pearson Way Fridley, Minnesota 55432 Fridley, Minnesota 55432 ELDON SCHMEDEKE EDWARD FITZPATRICK 5900 University Avenue Northeast 5273 Horizon Drive Fridley, Minnesota 55432 Fridley, Minnesota 55421 GEORGE ZEGLEN MAYOR JACK 0. KIRKHAM 841 Rice Creek Terrace 430 - 67th Avenue Northeast Fridley, Minnesota 55432 Fridley, Minnesota 55432 ITY MANAGER Fridley City Hall 6431 University Avenue Northeast Fridley, Minnesota 55432 Gentlemen: Subject: Request by Skelly Oil Company for Special Use Permit 1 (SP #71-08) C The undersigned and my associate are the owners of the adjoining 17 acres of property which abut the subject of this special use permit. Our property is zoned multiple dwelling and at the present time we have constructed on the property, 120 apartment units and anticipate the construction of an additional 180 units as 'soon as possible. As neither myself nor my associate will be able to attend the June 9, 1971 Planning Commission Meeting, we are writing this letter to sum- marize our thoughts in this regard. We object very strenuously to the use of the corner of 79th and East River Road as a service station. In making this objection, we are also attempting to anticipate what the feelings and objections would be to the possibly over 300 adults which will be living in our apartment complex. We do not feel that a 'finding can be rade under Section 13.02 of your ordinance which would be favorable to a gasoline station. Page Two June 7, 1971 We feel that the construction of a gasoline station on this corner would undoubtedly be detrimental to public health, safety and the general wel- fare in the following specifics: 1. We believe that good community zoning planning dictates that with regard to "spot" type comriercial lots, that it is in the best interest of the community that the commercial development thereon be of a "neighborhood" character rather than a community character. We do not feel that it is desir- able to construct a heavy commercial use such as an oil and gasoline service station on a piece of property which is completely surrounded by residential properties of various densities. . 2. We feel that regardless of how closely the lighting is regu- lated on the proposed commercial venture, that the lighting _will interfere with not only the use and enjoyment of our apartments, but also of the residential homes lying directly sour of the site and the apartments lying north of the site. 3. We feel that however closely the buffering is regulated, an examination shows that the present filling stations in Fridley, do not adequately buffer from adjoining land; the wooden fences, etc. , deteriorate and the whole matter becomes rather unsightly. .4. A filling station at this particular corner, which is in other ways entirely residential in various densities, will consider- ably coriiribute to the present traffic flow and will create a safety hazard at the intersection of 79th and East River Road. S. That from a planning point of view, it is obvious to all con- cerned that there are a good number of service stations on East River Road already and if more service stations are per- mitted, we may very well end up with a situation such as Central Avenue Northeast in Columbia Heights from 43rd to 52nd Avenue Northeast, where there are continuous vacancies in filling stations and in which the Shell Station at the corner of 51st and Central Avenue Northeast has been vacant for over two years. Such vacancy creates nothing but problems as far as the municipality is concerned. 6. The Skelly Stations are no more than metal prefab buildings and irrespective of the amount of promises with respect to buffering that will be made by the Skelly officials at time of appearance before the Planning Commission and the Council, the end result will be that filling station will be no better maintained than any other filling station and filling stations are historically not well maintained from an esthetic point of view. Page Three June 7, 1971 All you need do is drive into the St. Williams Catholic Church parking lot on Sunday and note the engines and trans-missions laying on the sod directly behind the filling station. This is more typical than not. We believe that the Council must protect our property and the surrounding residential properties by permitting only a cor;nmercial development to go on the corner of 79th and East River Road, which would be a neighborhood type service center for the surrounding residential community such as a small neighborhood grocery store. This letter is only intended to be a very brief summary of our strong feelings in this respect and we find .it rather unfortunate that we are not able to attend the meeting on June 9, 1971 and make our feelings more express. Would appreciate very much a copy of the Planning Commission Minutes of June 9, 1971 and thank you very much for your attention and consideration in this regard. ' ry tru yours, , Richa d�H. Fudali RHF:lq i Planning Commission Meeting - February 13, 1969 Page 8 is, what the amount of the assessments would be, and on the basis of that, if it is what we want to do in that area. If you were talking of aligning it with a portion of 72nd Avenue, it will be an additional 22 feet, the Engineering Assistant said. In answer to the question of the size of the cul de sac, he said that it has a 50 foot radius. There could be flexibility where turn around would be located to allow maximum use for school purposes. Mr. Thayer said the easement to the north of the school was used for delivery trucks. If the deliveries came to the front door, they would have to be carted to the back. The Chairman said he did not see how the Planning Commission could allow a plat of this type to go in if there were no way to get to it. The members of the school board requested a topog map for their study. They requested the matter be held up until March 11th, the next meeting of the school board when Mr. Hansen will be back in town. They asked that the Engineering Department make an approximation as to how the property will be assessed. It was explained by Darrel Clark that there would be more work involved in determining assessments than the topog map. It would be very difficult to make an assessment figure. There was a discussion elaborating on this problem. Mr. Jensen believed that Council should require that the School be treated as they would any other property owner. The School has already put in water and sewer services. MOTION by Jensen, seconded by Mittelstadt, that the Planning Commission continue the public hearing, P.S. #69-01, Brentwood Estates, Thomas R. Swanson of the rear 431.6 feet of Lot 35 and rear 401.9 feet of Lot 33, Revised Auditor's Subdivision #77, to the meeting of March 13, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. 5. REZONING REQUEST: ZOA #69-03, COMMITTEE OF FIVE, N. CRAIG JOHNSON: South of 79th Way between East River Road and railroad tracks. Confirm public hearing date of February 27, 1969. MOTION by Mittelstadt, seconded by Myhra, that the Planning Commission confirm the public hearing date of February 27, 1969 for the rezoning request, ZOA #69-03, Committee of Five, N. Craig Johnson, to rezone from C-2S and M-1 to R-3, the area south of 79th Way between East River Road and the railroad tracks. Upon a voice vote, all voting aye, the motion carried unanimously. 6. STREET STUDY: PROPOSED STREET PATTERN NORTH OF OSBORNE ROAD BETWEEN RAILROAD TRACKS AND T.H. #47. The Commission were given eight maps to study for a street pattern. The . _ 11 PLANNING COMMISSION MEETING FEBRUARY 27, 1969 PAGE 1 The meeting was called to order at 7 :35 P.M. by Chairman Erickson. ROLL CALL: Members Present: Myhra, Mittelstadt, Erickson, Jensen, Fitzpatrick Members Absent: None Others Present: Engineering Assistant Darrel Clark APPROVE PLANNING COMMISSION MINUTES : FEBRUARY 13, 1969: Member Jensen called attention to a correction to be made on Page 6 of the minutes in the last paragraph as follows : "The report of the flood plain------- will be started by the first of July." Mr. Mittelstadt called attention to the error in the motion on Page 9 as follows : "---the alignment of Main Street -------thence deflect to the East--- ." MOTION by Jensen, seconded by Myhra, that the Planning Commission minutes of February 13, 1969 be approved as corrected. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES: FEBRUARY 19, 1969: MOTION by Mittelstadt, seconded by Myhra, that the Planning Commission receive the Board of Appeals minutes of February 19, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: FEBRUARY 26, 1969 : MOTION by Myhra, seconded by Jensen, that the Planning Commission receive the Building Standards-Design Control Subcommittee minutes of February 26, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. 1. PUBLIC HEARING: REZONING REQUEST, ZOA #69-03, N. CRAIG JOHNSON AND COMMITTEE OF FIVE: Southeast corner of 79th Way and East River Road. Rezone from C-2S and M-1 to R-3. Chairman Erickson read the notice of Public Hearing. Mr. N. Craig Johnson and Mr. Bill Dolan represented the petitioners. According to the site plan, the actual land area is 17 acres which would allow 296 units, but the actual units on the plans are 294. The total required parking is 441, and their actual parking is open parking 324, garage parking 182, making a total of 506. A rental level of $145.00 to $185.00 is contemplated. Planning Commission Meeting - February 27, 1969 ^P��2 As far as the utilities are concerned, the Engineering Assistant said that sewer and water are on 79th Avenue and sewer on East River Road. The sewer lines are on the East side of East River Road. This portion of the sewer system does not run into the Riverview Heights Lift Station, but goes direct into a gravity line on East River Road. In answer to the question of the use of the property North and South, he said 79th Avenue has apartment houses with probably three or four single family dwellings. The zoning on the North is multiple and as you work towards the tracks, light industrial. Orginally the zoning of this entire tract from 77th Avenue to 79th Avenue was multiple dwelling except for a 200 foot strip of M-1 along the tracks. A part of it was changed to commercial and industrial. Mr. Myhra said that normally the Commission gets rezoning requests the other way around -- from residential to commercial. He wondered, in this instance, why we are moving from commercial to multiple. To the South we have commercial and industrial. Is it because right now commercial types of things are not moving? If this were put into multiple, this would tend to landlock the zoning. Mr. Dolan said he felt that the uses to the South are somewhat disconnected because of the creek. With the uses on the other two sides being residential, they felt this use of the land would fit in with the neighborhood. They had not looked into a commercial shopping center because they felt the area would be a little too small. Mr. Myhra said one of the things he, personally, would find objections to, and probably also the people across the street, is putting the garages facing the highway. Mr. Dolan said they thought of that, also, and had considered a brick wall. The Chairman had asked if there was anyone present in the audience who was interested in this rezoning request, and,until Mr. Paul Burkholder came in, there was none. He was asked his opinion and he said he thought it was a good project. It was probably the best use of the land and much better than a warehouse. MOTION by Mittelstadt, seconded by Jensen, that the Planning Commission close the public hearing of the rezoning request, ZOA #69-03, N. Craig Johnson and Committee of Five to rezone the southeast corner of 79th Way and East River Road from C-2S and M-1 to R-3. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Myhra said he felt a little uneasy about this rezoning, probably because in the past, for this type , dealing with multiples, he felt that getting the opinions of the people within the 300 feet required in the appli- cation helped the Commission to make up their minds. Going from commercial to multiple, he wondered if the matter of revenue for the owner should not be considered, also. Are we creating a hardship on the owner? He found it was a difficult answer to give in that he was not certain commercial was suitable, but also, at the present time, he was not too enthusiastic about the proposal. Mr. Mittelstadt said this was his precinct and that in the past the people objected to commercial, as they didn't want warehouses or that type of structures, but would like this better. This area will never go R-1 because of the railroad tracks. Planning Commission Meeting - February 27, 1969 Page 3 The Chairman admitted that he, too did not feel he was ready to make up his mind this evening. Further, he would like to see the Commission supplied with the past history on the rezoning in this area. Mr. Jensen agreed that a little research would be in order. The Engineering Assistant volunteered that the delay at the Planning Com- mission level will not delay the hearing before Council. MOTION by Jensen, seconded by Myhra, that the Planning Commission table for further consideration the rezoning request, ZOA #69-033, N. Craig Johnson and Committee of Five the rezoning of the Southeast corner of 79th Way and East River Road to be rezoned from C-2S and M-1 to R-3, to the meeting of March 13, 1969 to allow the Commission additional time to study the request and to allow Darrel Clark to search some of the past history of the area. Upon a voice vote, all voting aye, the motion carried unanimously. 2. CONTINUED REZONING REQUEST: ZOA #69-01, PEMTOM, INC. : That part of SEk of Section 24 that lies North of Highway #100 right of way. Rezone from R-1 to Planned Development. The audience was informed by Chairman Erickson that the public hearing had been closed but the floor would be open for discussion by members of the Commission. Also, if the members of the audience had any questions, they would be answered. A petition had been received circulated by Mr. Aho on February 22, 1969. It was agreed that no action was necessary by the Planning Commission, but the petition should be passed onto the Council. Chairman Erickson, referring to the letter on Page 20 of the Agenda, written at his suggestion asking the County Auditor for the status of certain lots, said this was the land lying north of the proposed Planned Development and east of Grace High School. The West Half of Lot 49 was single family residence, Lot 39 a private owner, Lot 44 two homes, and the East Half of Lot 49, Lots 40, 45, 50, 51, 46 were listed to Arvid E. Carlson, but were probably sold in 1967 to Rodney Billman. Lots 41, 47, 48 and 52 are presently tax forfeit to the State of Minnesota. Inasmuch as Mr. Fitzpatrick would presently arrive, and the fact that he is the Chairman of the Parks and Recrea- tion Commission, it was decided to wait until he arrived to see if the City might be interested in these lots. MOTION by Myhra, seconded by Mittelstadt, that the Planning Commission table Item #2 until later in the meeting and consider confirmation of the Public Hearings (Items 3, 4 and 5). Upon a voice vote, all voting aye, the motion carried unanimously. (Continued on Page 4) 3. PROPOSED PRELIMINARY PLAT: P.S. #69-02, AMBER OAKS, DAVID HUBERS: Lot 4, Auditor's Subdivision #92. Set public hearing date. Mr. Jensen explained that he had talked to Darrel Clark relative to this request last week. This land is adjacent to a proposed plat which was passed to the Plats & Subdivisions-Streets & Utilities Subcommittee last year (South- hampton Second Addition) and is still in an inconclusive stage. The petitioner had been asked and agreed to gather some additional information in the neighbor- ' Plannin ._gommission Meeting - March 13 1969 Page 2 1. CONTINUED REZONING REQUEST: ZOA #69-03, N. CRAIG JOHNSON: S.E. corner of 79th Way and East River Road. Rezone from C-2S and M-1 to R-3. Public hearing closed. Mr. James Thayer, Chairman of the School Board, asked if he could make a statement in general regarding zoning property, especially multiple t dwellings. Speaking to the Planning Commission, he said they really have the future of Fridley in their hands, and their decisions concern him as Chairman of the School Board as much as it does the Commission. One of the problems that the school district has always done in planning future needs, is studying zoning areas and layout of the community in regard to I zoning, whether or not there is an over balance with single family or multiples. Their concern now is whether the requests for rezoning that the Planning Commission is getting for multiple dwellings are on the increase, and if this would be a long term trend, it would force them at some future date to revise their plans significantly. It would be of great assistant to them to know just what the impact of the structure is. For instance, Stevenson School had planned for the structures on Charles Street. If each unit had one child going to school, it would completely fill Stevenson School at the present time. He said he could see where more and more people will be forced to stay in an apartment, as it would be the only place where they could find a roof over their heads. This will be a problem for the community and the school. Again referring to Stevenson School, Mr. Thayer continued that they felt there would be some multiples, but not in the entire area. They felt f they could handle a few more multiples if it were not any greater than what they presently see. He asked if there was a trend for multiples that would have to be compensated at some later time? The Chairman answered that he did believe anyone of the Commission was qualified to answer. Mr. Mittlestadt said that he was not taking into account major construc- tion that would bring more people in the area. He was thinking about the Ham Lake situation and the Onan Plant. People would like to build near Onan and contractors would like to build apartments for the people. This metro- politan airport will bring a fantastic amount of people. Fridley is a real good City to live in. The schools will be overcrowded and we will be looking for new lands to build schools. It will be a race between the schools and multiple contractors as to who gets the land. Mr. Thayer said that one of the big problems of the core cities is they have rental units that have deteriorated and reclaiming them through renewal projects. Instead of letting the problem happen, we should try to plan around and avoid this sort of tbi-. . The Planning Commission holds the future of this community in their wands. Chairman Erickson replied that Mr. Thayer had a good point. It might be proper for the Commission to have a study made of vacant land available, what property is already improperly zoned and perhaps a study of apartmento and single family residences. The Engineering Assistant said there are records of the number of single family residences and apartments available. Planning Commission Meeting - March 13, 1969 _ Page 3 Regarding utilities, the Engineering Assistant referred to a report made by the Consulting Engineers regarding the East River Road trunk sanitary sewer capacity. He said that it points out that the interceptor line along East River Road probably would become insufficient to take care of multiple dwellings. The North Suburban line has been installed along the railroad track and could be used. It should be brought to Council's attention when any rezoning takes place up there. Mr. Myhra said that, because of his position in the school system, he would not take any further part in the discussion. Mr. Fitzpatrick said that the question raised by the Chairman of the School Board certainly is something all of them should be thinking about. Mr. Mittelstadt stated two weeks ago tonight that the municipal taxes, the money accrued per unit per child in multiples units averages $164.00 versus $57.00 which he thought was the cost of a child in the school district. Multiple dwellings do pay for themselves. There are several positive points in these proposals. The people to the left definitely want to see this type of construction in here. They are worried about aesthetics. He didn't think it would go R-1 because of the proximity to the railroad tracks. It is a good package, it does pay for itself, and it is in a district that needs taxes. What happens to this area when it begins to degrade,lower and lower income families take over, say 20, 30 or 35 years from now? Then it becomes a ghetto. Could tl-,t investment pay for itself then? Would the owner continue to maintain the present standard of living level? He was afraid the :tendency would be to let it go down. Chairman Erickson said he did not think, for at least five or ten years, the apartment would outstrip its cost. One of the problems facing that area is traffic. He was convinced that this larger type of develop- ment is much better than the smaller type, R-3. He thought they could do a much finer job and bp a better effect to the community in the long run. As far as the traffic is concerned, he did not know. He felt the Planning Commission should begin to study the problem of rezoning impact on the schools. However, he did think there was always room for a few more apart- ments in the area. MOTION by Jensen, seconded by Fitzpatrick, that the Planning Commission recommend to the Council the approval of the rezoning request, ZOA #69-030 N. Craig Johnson of the Southeast corner of 79th Way and East River Road to be rezoned from C-2S and M-1 to R-3. Upon a voice vote, all voting aye, except Myhra who abstained, the motion carried. Mr. Jensen wished to make a few comments relative to the reason behind motion. Once again this was a very difficult question to make a decision the on There are many factors involved. We have the same three major factors; the owner of the property, the neighborhood and the community as a whole. Obviously property of the ro i in favor. The indication that we have the owner p p y $ from the neighborhood is that they are in favor of this proposal, The one t becomes that 1ti s our efforts to determine the needs of t difficult he most d ole He thought Mr. Thayer brought u the community as a whole. g Y 8 P an excellent point, He thought, however, it gets to be a sort of philosophical point as well, s h it affects us as individuals in the community. We gat into the ques- tion ow 1 o to d 1 o ical s of reasons f is an i for all kind r tion of rezoning and rezoningg $ 8 market,, then this s to If there is a ma hhas if there is not a market. I , carry Planning Commission Meeting - March 13, 1969 Page 4 considerable weight with the community. We look at the metropolitan area as a whole, and if there is a market for multiple dwellings, this means there are people who need homes and the community has to contribute the space for multiple dwellings. Our big factor is this. In this case, we are not trying to solve the whole problem, but we can logically make a motion of this sort. Then we have to start examining what sort of impact this will have upon the fschools. 2, CONTINUED PUBLIC HEARING: PROPOSED PREL7I�fI.NARY PLAT. P.S. #69-01, BRENTWOOD ESTATES. THOMAS R. SWANSON: The rear 431.6 feet of Lot 35, rear 401.9 feet of Lot 33, Revised Auditor's Subdivision #77. Public hearing open. Chairman Erickson said that you may recall our last meeting got to the point where the Board of Education once again had a conflict of interest. Because of conflict of interest, Mr. Myhra removed himself from the discussion. The Engineering Assistant said he had stalked to Jim Hedren. The school- board's consideration of the dedication of additional right of way was divided into three parts. 1) Give right of way to make a total 40 foot width from Riverview Terrace to north-south road to Brentwood Bstates. 2) Continue the 40 foot right of way to East River Road or turn around and stop, 3) . Cul de sac be located somewhere just West of East Rlver Road. As he understood it, the 40 foot right of way was not too detrimental to the playground area, but the cul de sac definitely would be. The petitioner said that he gathered from the meeting that if the road went all the way through it might be a one way road between East River Road and the north-south road to Brentwood Estates. Mr. Thayer said the Schoolboard was willing to give enough footage for a 40 foot right of way from Riverview Terrace to the proposed north-south access road to Brentwood Estates. Mr. Thayer said the Schoolboard also considered a one way road going west. Mr. Jensen said he would be opposed to a one way street. It seemed to him it would be somewhat difficult to police a street like that with just one little isolated back up in a residential area. He thought he would favor a short street from Riverview Terrace to this proposed north-south street and waive requirements on length of cul de sac and hopefully put a sign up on Riverview Terrace noting it was a dead end road. He wondered if the people living back in there wouldn't find it very difficult using it as a one way street. The Planning Commission would like to eliminate access to East River Road. Mr. Thayer said the school property was not very large and they would lose the whole front end of that property as far as playground was concerned, if you use a cul de sac. Mr. Jensen said the thought was the 18 foot right of way would provide 0 drive for the individual homes. Riverview Terrace is being paved back of the school. Lot 32 has water from East River Road, but no sewer, and LQt 31 REGULAR COUNCIL MEETING OF MARCH 17, 1969 PAGE 4 �I N1, in Onaway Addition. It will face toward Beech Street. He said that they were advised that the City is going to be putting in water and sewer in this area, so there will not be a necessity for them to put in a well or cess pool. Councilman Liebl asked what stipulations the Building Board recommended. The City Engineer replied that they noted on the plan that concrete curbing was to be put in and that it was to be brick veneer part way up and the rest painted block. MOTION by Councilman Liebl to grant the building permit to Mr. Arnold Peterson for construction of a building on Lots 10 & 11, Block 6, Onaway Addition, sub- ject to the stipulations noted on the plan. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. P.90T'TOt by Cat;ncil. ^a^ c "i� xa. o .~eceive he Minz�tFs of the ?1u _?ding Standards - Design Control ;:Meeting of March 12, 1969. Seconded by Councilman Samuelson. Upon a vc i.-P 'a', to. F.11 vo'Lin T ay'ti r y'a'w+''- P—ro a' em C ecla:Cci the moti©-?. RECEIVING THE FfI`!UTES OF THE P"IAtVNYNG COlgAISSION MEETING OF Ml.RCH ..+.3, The City Fnqineez sa .e, tillat l g t ,fie:. �� r..-+ i"fir; i �o�:�s n he s la-2nin�, o a. ° it ':_1 �...�c _�si.,n to see ^-=^ rizht could be arranges. for -o:h.el.r Meet4_ngs, to allow time for the Minutes to be prepared an- included in the Agenda. 1. REZO.�_J7'G REQUEST p:y N. CRAIG JOHNSON (ZOA #69-03) : S.E. Corner of 79th Way and East River Road. Rezone from C-2S and M-1 to 7?-3. The City said tint there was - c. obi ac tions from_ t!l.e surroundlr.? -Dro- j perty o °^.ens at the Public ? Daring before the Plann:+_^g CcsP�� �s however, the Schocl. B ^w c. did show some -^-kern over the ever-increasin^ n'llil'ber of epa:ct- ment ho,ases, and the effect t-his would have or t,-;,, schools. .-.r, explained as the -Public Hearing Meeting Agenda is already very fu1.1., he would suggest that the Public Healri-'S held 7, 1-069. A^A ov �, e `av Public Hoa d^ for A,e Rezoning MOT.. ar. Ja.:�l• n to set t a.t�ti 7 Request by N.Craig Johnson for April 7, 1969. Secor_ by Coh,,ncil.:man Sheridan. Upon a VO4 Ce vote, al_! voting a;re, Mayor Parris Pro *31P. declared h. mot.ior. carrie(_', 2. PROPOSED PRE1'IMINARY PLAT (P.S. #69-01) BRENTW9 V'D ti;ST.",TES, T'!07,f`C.:3 R. SWAN- SON: ."_he z'va:7, J*_`.. -_et- Of Lot .35, .rear 401.9 meet of Lot .', , Rsvr _Sed A„di*=t s Subc ivision #77) MOTION by Councilman Samuelson to set the Public Hea.l:ing :la.-:. for the Proposed Preliminary Plat firer' -roocl Esta.-Les for April 21, 1969. Seconded by Councilman Sheridan.. Upon a. voice vote, all voting aye, Mayor Harris Pro tem declared the mousey carried. 3. REZONING REQUEST BY GORDON G. SWENSON (ZOA #69-04) : Outlot 1., Block 1, Na.ge'.'s Wooe,.#.ands together with that part of the N I of the NW-4 of Section 12, 1-4_ng East of Nagel's Woodlands, West of Lampert's Addition, north of West extension of South line of Lampert's Addition and South of Osborne Road. Rezone from M-1 to C-2. i MOTION by Councilman Samuelson to set the Public Hearing date for the Rezoning Request by Gordon E. Swenson for April 7, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion '� carried. REGULAR COUNCIL MEETING OF MARCH 17, 1969 PAGE 3 tear down the building behind the Frontier Club. MOTION by Councilman Sheridan to instruct the Administration to ask the Sub- committees of the Planning Commission to spell out the notations made on the plot plans so they will be clear in the Minutes. The City Engineer explained that the applicant is requesting a permit to reface his building and fix it up. He said that originally there were four tenants in the building, but now there are only two; the Frontier Club and the Hardware and Feed Store. He said that the Building Inspection Department had a plan all drawn up for him for parking and landscaping in the front and back, but the Hardware Store has a lease on part of the buildings and this includes the building behind the store. This means that Mr. Povlitzki cannot tear the building down to obtain more parking area. Councilman Sheridan asked if this building in back extends the whole distance of the Frontier Club. The City Engineer said no. Councilman Sheridan felt that the removal of the shed would be harmful to the Hardward Store°s business. Councilman Harris agreed that something should be done with the front of the building. The City Engineer suggested, if the shed cannot be removed, maybe some additional parking could be arranged along the side. Councilman Lieb). commented that the Council has ad- vocated adequate parking facilities for other businesses, Councilman Samuelson asked who is to bear the burden of preparing these plans, the Engineering Department or the applicant. He felt that this should be done by the applicant. THE MOTION by Councilman Sheridan was seconde4 by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. MOTION by Councilman Samuelson to concur with the building Standards - Design Control in granting the permit, subject to the stipulations imposed, and subject to the applicant submitting plans showing adequate parking and landscaping, and approval of other lessee in the building. The Motion ws_-, secor..ded3 and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion. carried. 2. CONSIDERATION OF A REQUEST TO REMODEL AND INSTALL ADDITIONAL BAY AND STORAGE ROOM TO PRESENT SERVICE STATION AT 7650 HIGHWAY #65, THE SAME BEING LOT 1, BLOCK 2, LAMPERTS ADDITION, FRIDLEY, MINNESOTA. (REQUEST BY AMERICAN 01L COMPANY, 1405 MELROSE .AVENUE, MINNEAPOLIS, MMINNESOTA) : The City Engineer said that the Building Standards - Design Control had approved of this request subject to some stipulations. He said that this request is for the expansion of the gas station located on the southwest corner of Osborne Road and T.H. #65. They want to add one bay and blacktop the south area, and they are to put in concrete curbing to separate direct traffic flow from the lumber yard. MOTION by Councilman Samuelson to table this request, as this station has very poor maintenance. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. 3. CONSIDERATION OF A REQUEST TO CONSTRUCT A COMMERCIAL BUILDING ON LOTS 10, & 11, BLOCK 6, ONAWAY ADDITION, THE SAME BEING 7714 BEECH STREET N.E. , FRIDLEY MINNESOTA (REQUEST BY ARNOLD PETERSON, 2211 FILLMORE STREET N.E. , MINNEAP- OLIS, MINNESOTA): The City Engineer said that this request is for a 40' X 60' building to be located REGULAR COUNCIL MEETING OF APRIL 7, 1969 PAGE 2 Mrs. Agnes Mihalow, 5411 Madison Street N.E. , said that she wished to register a complaint against the Target Store in regard to excessive smoke and strong odors. She said that she has called the Fire Prevention Chief many times. This is a nuisance to the people living in the area, and she asked that something please be done about it. She said that she believed that their incinerator is not working properly. She said that she has had to put up with this for three years. Mrs. Carol Novitsky, 5421 Madison Street N.E. , said that she had talked to Councilman Sheridan about this a few weeks ago, and he talked to the Target people at that time. They say that they have never heard of this complaint. She said that Councilman Sheridan can vouch for the amount of smoke, as he saw it when he was down to check it out. Mrs. Mihalow explained that the store is down in a hollow, this means that the smoke stacks are only about 3 feet above the ground level of the homes on the hill. Councilman Samuelson asked the City Manager if any letters have been sent to Target. The City Manager said no, that he had not known it was this bad, but that it would be done. He added that if they are complying with our Ordinances as far as incineration is concerned, it may be that the Nuisance Ordinance can be used. Mrs. Mahilow said that she would be willing to sign a complaint, if necessary. Mayor Kirkham asked if anyone else wished to speak on any item not on the Agenda. There was no response. f PUBLIC HEARING ON THE REZONING REQUESTZOA #69-03) TO REZONE FROM C-2S AND M-1 TO R-3, THE SE CORNER OF 79TH WAY AND EAST RIVER ROAD, BY N. CRAIG JOHNSON AND COMMITTEE OF FIVE: The City Engineer showed a map of the area on the screen for the benefit of the audience. Councilman Samuelson pointed out that there is a small portion already zoned R-3, the rest is M-1 and C-2S. The City Engineer added that the Ordinance will say R-3A, as that category is exclusively for apartment houses, whereas R-3 does permit other uses. Mayor Kirkham then called for comments from the audience. Mr. Charles Floer, 161 79th Way, said that he is across 79th Way from the property in question. He asked what was to be gained, and he felt that a shopping center would be a better use. He said that he was in opposition to the proposed zoning. Mrs. E.L. Pett, 176 Longfellow Street agreed and said that she would rather have a shopping center, as the nearest center is either Holly Shopping Certer, or Coon Rapids Shopping Center. Mrs. Curtis, 161 Longfellow Street N.E. said that j she was also in opposition to the rezoning. Mrs. J.O. McCollow, 290 Longfellow Street, said that she lives next door to an apartment house, and did now want any more apartment houses. She said that a person cannot drive down the street, and the apartment house is not kept up. Mr. Johnson, applicant, said that the project proposal is for a total of 290 units, divided up into four buildings, three stories high, with garages provided. They will face Atoward the center and access will be from East River Road, with two entrances off of 79th Way. Councilman Samuelson asked if he had any plans for the proposal. Mr. Johnson said that they are being prepared for the Building Standards - Design Control now. Councilman Samuelson asked if there were any plains for improving the creek. Mr. Johnson replied, not unless it proves necessary. He said that they are planning an artificial creek through the center of the com- plex. Councilman Liebl asked how much acreage they have. Mr. Johnson said about 17 acres. He then asked how the units were divided up. Mr. Johnson said that THE MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 7, 1969 Mayor Kirkham called the Regular Council Meeting of April 7, 1969 to order at 7:45 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham requested the audience stand and join the Council in saying the \ Pledge of Allegiance to the Flag. INVOCATION: The Invocation was given by Reverend Gary Noyes of the Roslyn Park Wesleyan Methodist Church. ROLL CALL: MEMBERS PRESENT: Liebl, Samuelson, Kirkham, Sheridan (Arrived at 10:15 P.M.) MEMBERS ABSENT: Harris Mayor Kirkham said that Councilman Harris absence should be an excused absence as he is attending a Legislative session tonight. PRESENTATION OF Ak_'KRDS: Mayor Kirkham read the following Certificates and made the presentations: Certificate of Achievement to Nasim M. Qureshi, City Engineer - Director Planning Certificate of Appreciation to Harry Crowder, Human Relations Committee Certificate of Youth Achievement to Kevin Benson, David Larson, and Dean Reiners. Mayor Kirkham commented that in order to qualify for the Eagle Scouts, it takes twenty one merit badges. Mayor Kirkham suggested that the approval of the Council Minutes wait until Councilman Sheridan arrives. ADOPTION OF AGENDA: Mayor Kirkham said that there were some items to add, which were: #41. Resolution - Fridley Request for Permanent Flood Control for Portion of Riverview ,Heights. #42. Letter from Flood. Plain Residents Regarding Policy on Moving Their Homes. #43. Petition #11-1969 From Carl Paulson Opposing Rezoning (Variance) on Lot 5, Block 5, City View Addition. MOTION by Councilman Samuelson to adopt the Agenda as amended. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. VISITORS: Mayor Kirkham called for any comments the audience may wish on items not on the Agenda and explained the Council's policy in allowing visitors 15 minutes at the beginning of each Council Meeting. 'REGULAR COUNCIL MEETING OF APRIL 7, 1969 PAGE 3 they are planning one, two and three bedroom apartments, with approximately 50% to be three bedroom, 25% to be two bedroom, and 25% to be one bedroom apartments. Councilman Liebl asked how much the rental would be, and commented that Fridley has been trying to get in nice apartment houses. Mr. Johnson said that the one bedroom units would rent for $150 to $165, the two bedroom units would rent from $180 to $200, and the three bedroom units would rent from $225 to $250. The City Engineer elaborated on their plan by saying that the four buildings would be placed in a circular fashion, with a recreational building in the center. The access for one of the south apartment buildings would be off East River Road, and for the other three,access would be off 79th Way. Councilman Liebl asked if there were adequate facilities. The City Engineer said that the utilities Would have to be extended into the project. The only thing they do not have is a storm sewer system and either the creek would have to be up-graded or drainage would have to be piped through the property. Councilman Samuelson commented that it seemed that it would not require any additional work by the City, that these things would have to be taken care of by the developer. Councilman Liebl asked if this project would be completed in five years. Mr. Johnson said that some of the work would be done this summer and it would be completed next summer. Council- man Liebl asked what the Committee of Five represented. Mr. Johnson said that this represented the five owners of the property. Mrs. Pett said that if this plan is approved, it will mean that she will be looking at garbage cans. Mayor Kirkham told her that the City Ordinances would control this. Councilman Liebl asked what is the estimated cost of the project. Mr. Johnson said about $3,800,000. Councilman Liebl pointed out that the School Board was concerned about the number of apartments and the effect they would have on the schools, and that 50% of the units would be 3 bedroom units, which could mean a large percentage of children. MOTION by Councilman Samuelson to close the Public Hearing on the Rezoning Request ZOA #69-03 to rezone from C-2S and M-1 to R-3 by N. Craig Johnson. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Mayor Kirkham informed the audience that action will probably be taken on this item on April 21, 1969. PUBLIC HEARING ON THE REZONING REQUEST (ZOA #69-04) TO REZONE FROM M-1 TO C-2 BY GORDON SWENSON: Outlot 1, Block 1, Nagel's Woodlands together with that part of the NWS of the NWS of Section 12, lying East of Nagel's Woodlands, West of Lampert's Addition, North of West extension of South line of Lampert's Addition and South of Osborne Road. . The City Engineer showed a map on the screen for the benefit of the audience. He explained that this proposal is for the area where the antique shop is now. He said that Lampert's Lumber is to the south and on the west is a telephone building. Mayor Kirkham askec if there was anyone present who wished to speak on this item. Mr. Swenson was present and explained that the property was originally zoned M-1, but you could build commercial in an industrial area. In 1964 the Council changed the uses, and the uses now would be nonconforming, and he could not build under the present zoning. The City Attorney added that he would suggest that, r � , REGULAR COUNCIL MEETING OF APRIL 7, 1969 PAGE A as there are a number of cases such as this where there are nonconforming uses, the zoning be changed so the structure within the category would be a confor,cing use. Mayor Kirkham asked if there was anyone present who wished to speak in opposition. There was no response. MOTION by Councilman Liebl to close the Public Hearing on the Rezoning Request ZOA #69-04, by Gordon Swenson to rezone from M-1 to C-2. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. PUBLIC HEARING ON THE REZONING REQUEST ZOA #69-05 BY COMMERCE PARK INVESTMENTS, ROBERT GUZY, TO REZONE FROM C-1 TO CR-2: Lots 26 & 27, Block 2, Commerce Park Mayor Kirkham read the Public Hearing Notice and the City Engineer showed the area on the screen. Mr. Robert Guzy was present to explain that when Commerce Industrial Park was developed, Lots 26 to 29 were to front on Commerce Lane and Lots 1, 2, 3, 4, 5, & 6 were to front on the service road. Lots 1, 2, 3, 28, & 29 were sold to parties to develop the Food Bonanza Store. Therefore, it would appear that Lots 26 & 27 would not be properly used as commercial, based on the fact that Commerce Lane is an interior road serving mostly light industrial buildings, and in effect the Food Bonanza Store has cut off these lots. He said that Mogul Corporation has been interested in Lots 26 & 27, ,however, they had some soil tests taken and they showed that the soil in Lot 27 to be poor. He pointed out that there was a letter presented to the Planning Commission from Larsen Manufacturing Company indicating that they were in favor of this proposal. Councilman Liebl asked Mr. Guzy if he was the owner of the property. He replied that he was. Councilman Liebl asked why he is requesting this particular re- zoning. Mr. Guzy replied that if it is sold to the Mogul Corporation they would need the zoning as CR-2. Mayor Kirkham agreed this would seem to be a good zoning category, as these lots are not usable as commercial lots. The City Engineer explained that when this area was zoned, it was hoped to get a large commercial business center in there, but Food Bonanza went in, and he felt that the CR-2 would be a good buffer between the Food Bonanza and the area to the south. Councilman Samuelson agreed also that this is a good zoning request. He asked about outside storage. Mr. Guzy replied that CR-2 prohibits all outside storage, and he assumed Mogul Corporation is aware of this. He said that he is not sure if the Mogul Corp. is going to buy this land because of the soil conditions, but this 'would still be a good zoning category for these particular lots. Mayor Kirkham agreed that the lots would have a better chance of development if zoned right. The City Engineer said that sanitary sewer is not provided to these lots as originally it was thought that these two lots would go with the rest of the lots to the north for a large commerca=' center. Councilman Liebl asked What Mogul Corporation is. The City Engineer. said that it is a water testing laboratory. MOTION by Councilman Liebl to close the Public Hearing on the rezoning request ZOA X169-05, Commerce Park Investments, Robert Guzy, to rezone from C-1 to CR-2. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING OF APRIL 21, 1969 PAGE 9 kept distinct. He pointed to the problems with the Hulk)-4loo Club. The Council was assured that it would be kept a clean club, then it changed hands, and now it has changed hands again. He said that this is in no way a reflection upon Mr. Rostberg, but rather a matter of personal discretion. Mr. Phleger said that he wanted to make clear that this would be in no way a joint operation with some kind of partition, but would be separated by the calendar, and would be an completely different nights. Councilman Harris asked what kind of control the City would have if this club was sold again. Mr. Gibbs said that the license would not be trans- ferrable. The new owners would have to come in and apply for a license. Councilman Sheridan asked if there would be any entertainment on the adult nights. Mr. Rostberg said that there would be just live music seven days a week. Councilman Harris asked if this would be the same type license as for the Frontier Club and Canterbury Pub. Mr. Gibbs said yes, except that their licenses are not split by the days of the week. He added that he could fore- see the problem of an adult coming in on a week night, then trying to come back on a week and, not knowing the arrangement. Councilman Liebl said that he has checked Mr. Rostberg's reputation and he feels that these two operations would be compatible. He said that he under- stood Mayor Kirkham's and Councilman Samuelson's stand, but he felt that the teen agers in Fridley need a place to go to dance, and Casino Royale would provide a place with police protection. He said that he would have no hesi- tation in letting his children go .there. He said that in a progressive and competitive world, consideration must be given to private enterprise. Councilman Harris asked, because of this unique situation if it would be possible .to grant a provisional license_ Mr. Gibbs said that .he did not know, but that he would check the State Statutes. Councilman Sheridan said that this could be compared to the temporary ligL r licenses granted to the Jaycees and other organizations to augment their income. Mr. Ed Thayer, 132 Stonybrook Way, said that he has a 16 year old daughter, and he is satisfied with the controls provided by Mr. Rostberg. Fridley needs a place for teen agers to dance and he would prefer to have his daugh- ter here in Fridley than over in Robbinsdale or down in Minneapolis.. MOTION TO AMEND THE MOTION by Councilman Samuelson made by Councilman Harris that it be a provisional license subject to Council renewal on November 1,. 1969. Seconded by Councilman Sheridan. Upon a voice vote, Sheridan, Harris, Liebl .voting aye, Kirkham and Samuelson voting nay, Mayor Kirkham declared the motion carried. THE AMENDED MOTION was seconded by Councilman Sheridan, and upon a voice vote, Liebl, Harris, and Sheridan voting aye, Kirkham and Samuelson voting nay, Mayor Kirkham declared the motion carried. - ! CONSWMATION OF AN ORDINANCE FOR REZONING REQUEST (ZOA #69-03) TO REZONE FROM C-29 AND M-1 TO R-3A, N. CRAIG JOHNSON: SE corner of 79th _Way and East River Road. - The City Engineer said that- this is a proposal to rezone a portion of R-3 to R-3A, the rest of the Und is C-�p and M-1 and would be rezoned to A-U, He showed on a map those portions of the land zoned M-1 and C-2S, and ex- plained that the M-1 is along the railroad tracks and the C-2S is along REGULAR COUNCIL. MEETING OF APRIL 21, 1969 PAGE 10 East River Road. Councilman Liebl said that he had received many calls on this and was told that there would be a: petition to be presented to the Council. Mr. Charles Floer, 161 79th Way then came forward with a petition and said that there were 244 names on it. MOTION by Councilman Liebl to receive Petition #12-1969. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to ask. the Council's courtesy in granting a three week delay before any decision is made to allow more time for the Council to study this request. He would also like to request the_ Adminis- tration to make a study of the traffic pattern in this area and a comparison of tax potential with the present zoning as opposed to the proposed zoning. Seconded by Councilman Sheridan. Mr. Ed Thayer, 182 Stonybnook Way N.E. , said that he would like to know what kind of a development is to go in this area. Councilman Samuelson said that it would be an apartment complex with about 290 units. Mr. William Dolan, of Dolan Engineering Inc. , Engineer. for- the complex, brought the plans forward for the Council and audience to see. Mr. Thayer asked what kind of taxes this type of 'complex would bring into the City of Fridley. The Finance Director said that he did not have this ., information but would estimate that for a 3.5 million dollar project, it should bring in about $170,000 to $190,000 per year. Mr. Dolan said that the plan is for 5 u-shaped buildings centering around a pool and recreational building in the center. Access to the site would be off 79th Way and there would be one access off East River Road. Most of the parking and the access would be to the rear. The north part of the property is zoned for multiples already. He felt that this plan allows good use of the land, as there would be a tremendous amount of green area. Mrs. Pett, 176 Longfellow, said that it appeared then- the people north of the complex would be looking at t'-^ backs of the garages and garbage cans. Mr. Dolan said that the garbage cans will be screened and placed near the garages. The garages will have two doors, rather than a string of doors, and the cars will drive in and park. A member of the audience asked how they plan to drain the land, and that the creek goes right by their property. Mayor Kirkham answered that no matter what kind of development were to go in there, the land would have to be drained. The City Engineer said that the only possible drainage would be into the creek. Mr. Leonard Brandt, 190 Craigbrook Way N.E. said that the water goes ..down the creek so fast now there are erosion problems. Council- man Samuelson said that there is a Public Hearing coming up soon on the drainage of the area to the east and there will have to be some kind of improvements made to the creek also. Mayor Kirkham said that the creek will be protected, probably by the use of riprap. Councilman Samuelson said that this will be part of the cost of the total improvement. He also pointed out that if it were to be developed into commercial use, there would be more blacktop required, which would cause a greater amount of runoff. f � REGULAR COUNCIL MEETING OF APRIL 21, 1969 PAGE 11. Mr. Thayer asked how the tax potential would compare between the present zoning and the proposed zoning. Councilman Samuelson said that there were no concrete figures available, but he would guess the apartment would bring about $200,000 per acre and a shopping center would bring about $150,000 to $175,000 per acre. Mr. Thayer asked if this complex would not generate about 100 to 200 children. Councilman Samuelson said that he believed gene- ral surveys figure out to be about .4 children per unit. Mr. Thayer said that when thinking about apartment houses, it brings to his mind those on Charles Street and these are a disgrace to the City. Councilman Samuelson said that he must agree, however, this would depend on the management-. Mayor Kirkham said that this proposal would be comparable to the Georgetown apartment com- plex. Mr. Thayer said that with the Georgetown apartments, there are a limited amount of children allowed, but with this complex there did not Naeem to be any limits set. Mr. Dolan said that as far as maintenance goes, he would assume that the complex would have to be kept up, or the owners would be losing money. Most apartments are run by a manager, and a full time caretaker. Mr. Jerry Roberts said that he is part of the partnership, and the management would be his problem. He said that as such, he would have a great deal at stake, and if the apartments are not kept up, they will go broke. He pointed out that the rental is quite high and as such would act somewhat as a screen. A member of the audience asked how long they would own the project before selling it. Mr. Roberts said that he is not one of the owners, but the mana- ger, but that there would be no benefit it selling it soon. A visitor asked how they would calculate the longevity of the buildings, in other words, how long before it will become run down. Mr. Roberts said that there are some projects in this country that are 100 years old, and are still of high quality because of good maintenance. He said that his money is going into this, and he will try to make it as good as he- can. Mr. Roberts was asked what other projects his company manages. He replied that the largest is Meadowbrook Manor, and they also manage an F.H.A. project in Roseville, to mention a few. Councilman Samuelson asked how many units he is speaking of. Mr. Roberts said that they range from 2500 units down to 15 units. Mr. Thayer asked Councilman Samuelson what he would prefer to see go in there. Councilman Samuelson said aesthetically speaking, that he would pre- fer this project. Another Representative for this project said that with the present zoning, there would be open spaces, which quite possibly would not be kept up. A member of the audience asked where the parking is to be. Mr. Dolan said most of it would be along the railroad tracks and some would be near 79th Way. The visitor then said that they live on 79th Way now, and there is parking avail- able in the back of the apartments, but the tenants do not use them, they park in the street, and hot-rod up and down 79th Way. Councilman Samuelson pointed out that Pearson's First Addition is already zoned for multiples, so their view would be the same regardless of what went in south of there. Mr. Floer asked when the remoning took place on 79th Way. Councilman Samuelson said in about 1963. Mr. Floer said that he lived there then and did not know about it. Mayor Kirkham told him that the City must abide by the law in sending out Notices, and if he did not get one, it may have gone someplace else, such as a contract •_ar deed holder. REGULAR COUNCIL MEETING OF APRIL 21, 1969 PAGE 12 A visitor to the Meeting said that there would be a big traffic problem at about 8:00 A.M. when everyone is trying to get onto East River Road going to work. Right now it is sometimes hard to get onto East River. Road. He asked about the possibility of opening up 79th all the way to University Avenue. - Mr. Richard Harris asked about how many acres are presently zoned M-1. The City Engineer said about 7 acres. Mr. Harris said that this would allow things such as a steel fabricating plant, and probably several types of industrial uses- such as -this. Councilman Samuelson said yes, or businesses like Barry Blower. Mr. Brandt asked what kind of guide lines can the Council put upon the apartments. Councilman Sheridan answered that there is a requirement for an annual license renewal, and if there are problems, at that time the Council can take steps for correction. If they are not corrected the Certificate of Occupancy can be withdrawn. Mayor Kirkham added that in recent years the Council has been much more insistant on high quality and have been including adequate landscaping etc. and has resulted in nicer looking apartment houses. Councilman Sheridan, in referring to the Petition received by the Council from Mr. Floer, said that- there were no addresses"on the Petition and asked how it can be evaluated without the addresses. Mr. Floer said that most of the people live on 79th Way, and on north, and about two blocks across East River Road. Councilman Harris asked how the cars are to get from 79th Way to the back_ area along the railroad tracks. Councilman Samuelson said it would be on a dedicated street. He said that to answer some questions raised earlier, the City is pursuing the 79th Avenue crossing across the railroad tracks, and that signals are programmed for the intersection of 79th Way and East River Road. . A visitor to the Meeting asked abouta crossing at 78th. Councilman Samuelson said that the railroad companies are very restrictive about the crossings and there is no possibility of having one there. THE VOTE UPON THE MOTION for a delay before the determination is made was a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECESS: Mayor Kirkham declared a- 10 minute recess at 10:00 P.M. FIRST READING OF AN ORDINANCE FOR REZONING REQUEST (ZOA #69-04) TO, REZONE FROM M-1 TO C-2, GORDON SWENSON: MOTION by Councilman Liebl to adopt the Ordinance on first reading and -waive the reading. Seconded by Councilman• Harris. Councilman Harris asked about cleaning up the property- where the antique shop. is, and said that he thought that it was a violation of the Ordinance for permanent outside storage without some type of canopy or covering. He- said that this does not refer to this particular item under considerations but he would like to see if something can be done to clean up this area. Mr. Swenson agreed and said that it was not on his property, but would also like to have it cleaned up. Councilma-+ Harris asked Mr. Swenson to come in to see REGULAR COUNCIL MEETING OF MAY 19, 1969 PAGE 11 Sheridan said that it would seem that as these are public lands, the City would have to go through the same channels as for the vacation of a street. Mr. Gibbs said that it would not be illegal to hold Public Hearings, but they would not be required by Charter. Councilman Samuelson asked if the street vacation would have to be by Public Hearing. Mr. Gibbs said that he was only speaking of the 6.97 acres, If 60th Avenue were vacated, this would have to go through the regular vacation procedure. Councilman Sheridan said that this might be a way to put some emphasis on the YMCA facility, by holding Public Hearings. Councilman Liebl said that he noticed that there was a member of the Parks and Recreation Commission present, and asked if they were aware of this. Mr. Ed Fitzpatrick said that the Commission just became aware of this last Friday. He said that the Commission has not had a meeting yet to discuss this, but the first impression gained from talking with the other members is that they were enthusiastic. Mr. Gibbs said that if the Council desired, before the week is over, a memo- randum could be sent to the Administration relative to the legality of selling the property, so the City would have something in writing. He added that he could see Councilman Sheridan's point in holding Public Hearings to make the people aware and that this might get things moving faster. Councilman Samuelson said that if a letter of intent is satisfactory for the YMCA, the Ordinance would not be necessary at this time, and could be prepared after the Public Hearings. Councilman Sheridan pointed out that the Parks and Recreation Commission would want to meet and discuss this, and they may have some questions of the YMCA about the joint use of the facilities. He would prefer to have no action on an Ordinance before the Commission has a chance to look at this proposal, since a letter of intent will serve the same purpose. Councilman Samuelson commented that then in the meantime the YMCA can get started with their fund drive committees etc. , and the Administration can keep things moving at this end. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: (S.E. corner of 79th Way and East River Road, requested by N. Craig Johnson. To rezone from C-2S and M-1 to R-3A) The City Engineer said that the Public Hearing was held April 7, 1969. The area is presently zoned in three different districts. He said that they showed an overall plan previously, but understood that there are some additional plans available now. Mr. Johnson came forward with the plans and said that the turn off, off of East River Road has been eliminated because of the traffic problems existing on East River Road and the only access in and out will be on 79th Way, with an internal traffic pattern within the complex. He showed a rendering of one of the buildings, and said that the three bedroom units have been eliminated and there will only be one and two bedroom apartments. Councilman Harris said that the buildings will be facing a center court yard, so hots far back from the road are the buildings. Mr. Johnson said that they were about 1501 , there would- be no buildings on the R-3 area. This will just be used for turn-arounds etc. He said that they were planning on a berm along the north side with mixed plantings. on it, the height to be about 4' to 61 . Mayor Kirkham commented that this i would screen the cars quite nicely. Mr. Johnson said that they were also i I __ 1 REGULAR COU.N3�` L MEETING OF MAY 19, 1969 PAGE 12 planning to shield the area along the railroad tracks, along East River Road and south of the property between them and Barry Blower with plantings. He showed on the plans where the garages were to be located and said that there were 441 parking places required by City Code and they are providing 506. Councilman Harris asked if the garage rent would be included with the apartment rent. Mr. -Johnson said that he did not know. Councilman Harris said that on occasion in the past there has been trouble if the rent was charged separate from the rent for the unit. The garage would sit empty and the car would be using up the parking space that is provided for visitors, or in the street. Mr. Johnson said that it is anticipated that they will draw people who have one or I two cars or a boat, so they would need the garage. Councilman Harris said that with A project of this nature, he would like to see the charge for the apartment linked with the charge for the garage, so that the rent would actually cover both. I Mrs. L. Pett, 176 Longfellow Street N.E. said that if the access is closed off f om East River Road, this will mean that all the traffic will be on 79th � Way and there is already a problem with speeders.eders. C ouncilman Samuelson Pointed out that there is a signal scheduled for 1970 for 79th Way and East River Road. Mrs. Pett said that there are already so many people trying to get onto East i RiverlRoad now, and with all these added people the problem will be greatly compounded. Councilman Harris said that it would be easier to get out with a signal. Mrs. Pett said that then maybe people will use Longfellow to go around the light. Councilman Harris said that it has been the City's experience that people would prefer to use a light than to try to get onto a highway without i one. A member of the audience asked how many acres were involved. Mr. Johnson said about 17 acres and that there would be 294 units. Councilman Harris said that he felt that the development as proposed would be an improvement over an M-1district, which could include manufacturing plants. This would mean heavy semi trucks would be using 79th Way, which would be worse. This plan would reduce the area to residential, and he felt that the developer has tried to come up with a good plan. He explained that obviously this land will not lay vacant, and that something eventually would be built there. With the present zoning, there could be apartment units along 79th Way and an industrial building just south of there. MOTION by Councilman Harris to approve the Ordinance on first reading and waive the reading, also to request the Administration to take a careful look at the traffic going out onto 79th Way so that people facing 79th Way will be able to get out. Seconded by Councilman Sheridan. MOTION AMENDED by Councilman Sheridan with agreement of Councilman Harris to add Lots 1 through 6, Block 2, Pearson's First Addition also be rezoned from R-3 to R-3A on the second reading. The motion was seconded and upon a voice vote, Kirkham, Harris, Sheridan and Samuelson voting aye, Liebl voting nay, Mayor Kirkham declared the motiow carried. THE VOTE UPON THE MOTION, being a roll call vote, Harris, Sheridan, Kirkham, and Samuelson voting aye, Liebl voting nay, Mayor Kirkham declared the motion carried. Mr. Charles Ploer, 161 79th Way, asked if this was now law. Mayor Kirkham told him that this wap ?a first E�tgi�q of %bf is a REGULAR COUNCIL MEETING OF MAY 19, 1969 PAGE 13 second reading required, then publication, and 15 days after publication, it becomes law. Mr. Floer stated that there is a conflict of interest and he intended to get a lawyer. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF MAY 6, 1969: MOTION by Councilman Harris to receive the Minutes of the Parks and Recreation Commission Meeting of May 6, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 7, 1969; MOTION by Councilman Sheridan to receive the Minutes of the Board of Appeals Meeting of May 7, 1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 1, 1969: MOTION by Councilman Harris to receive the Minutes of the Planning Commission' Meeting of May 1, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 8, 1969: 1. PROPOSED PRELIMINARY PLAT P.S. #69-06, VEIT'S ADDITION, LONDA ENGLUND: That part of Lot 15, Revised Auditor's Subdivision #23 lying Westerly of Westerly right of way line of Riverview Terrace as now laid out and traveled and as described in Book 702 of Deeds, Page 197. MOTION by Councilman Harris to set the Public Hearing for the Final Plat P.S. #69-06, Veit's Addition as requested by Londa Englund for June 9, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 2. LOT SPLIT REQUEST: L.S. #69-12, NORBERT J. LIESEN: Lots 27 through 29, Block 4, Oak Grove Addition. The City Engineer explained that this request is so that he can make two buildable sites of 60' each. He pointed out that there is a 40' corner lot owned by Mr. Dumphy which he understood Mr. Liesen tried to purchase, but he felt that Mr. Dumphy was asking an unreasonable price. By granting this lot split, there will be a 40' lot that nothing can be done with. Councilman Sheridan asked if the corner lot -had a building on it., Mr. Liesen said there was one, but it has been removed. Councilman Harris asked if the corner lot is maintained at all. Mr. Liesen said no. He said• that his.-,house is on Lot 29. Councilman Harris asked what the depth was. The City Engineer said 1281 . Councilman Samuelson asked if these lots would meet the minimum standards. The City Engineer did some figuring and said that they do not, however, the other lots in the area are the same. If he could get the corner lot, he would meet the land requirements. Councilman Harris pointed out that the 40' lot will nOt do Mr. Dumphy any good, he cannot build on it. REGULAR COUNCIL MEETING OF MAY 19, 1969 PAGE 14 MOTION by Councilman Harris to approve the Lot Split Request L.S. #69-12 by Norbert J. Liesen for Lots 27 through 29, Block 4, Oak Grove Addition. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimsoulsy. 3. LOT SPLIT REQUEST: L.S. #69-13, GEORGE L. WALQUIST: West 150 feet of Lot 18, Block 1, Spring Valley Addition Councilman Harris asked if this was a rear-front split. The City Engineer said yes, and added that the City will need some easements from him. Council- man Sheridan asked if this was not the same type of split he requested behind the mortuary. The City Engineer said no, because there is access in the back of this lot. There is a 16' dedicated alley along the back of the lot so the City will need some additional right of way for a future road. He explained that the split is between the two zoning categories. The back portion is zoned residential. These lots are 300 feet deep so they will not be double frontage lots, they are plenty big enough to split. MOTION by Councilman Sheridan to grant the Lot Split L.S. #69-13 requested by George L. Walquist on the west 150' of Lot 18, Block 1, Spring Valley Addition, subject to his dedicating the easterly 34' for the purpose of a road in the future. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Harris to receive the Minutes of the Planning Commission Meeting of May 8, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE FRIDLEY INDUSTRIAL DEVELOPMENT COMMISSION MEETING OF APRIL 4, 1969: MOTION by Councilman Harris to receive the Minutes of the Fridley Industrial Development Commission Meeting of April 4, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ORDINANCE #420 - AN EMERGENCY ORDINANCE AUTHORIZING THE PURCHASE OF A POLICE SQUAD CAR: The City Manager explained that the Police Department advertised for bids, but received none. He said that it seems the manufacturers have stopped making the special cars sooner than anticipated. He explained that they would be going to several dealers to get quotations_ on cars that would meet the specifications as closely as possible. MOTION by Councilman Harris to adopt Emergency Ordinance #420 on first reading, waive the reading and order publication. Seconded by Councilman Sheridan. Upon a roll call vote, Sheridan, Kirkham, Liebl, and Harris voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE ANNUAL POLICE AUCTION REPORT: MOTION by Councilman Liebl to receive the annual Police auction report, the auction being held May 10, 1969. Seconded by Councilman Harris. Upon a voice Yote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REGULAR COUNCIL MEETING OF MAY 19, 1969 PAGE 2 of their company in Bloomington. Councilman Harris said that he felt that the new exterior plans were a definite improvement over those shown at the last Meeting. He said thank you to Plywood Minnesota for their patience, and commented that he felt that this plan had much more character and was more in line with the image Fridley is trying to project. MOTION by Councilman Harris to approve the exterior drawings for Plywood Minnesota as submitted May 19, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ORDINANCE #k419 - AN ORDINE RELATING TO CON3TRUCTION OF GASOLINE SERVICE *--- STATIONS AND DRIVE-IN RESPAMMNTS REQUIRING A SPECIAL USE PERMIT, THEREFORE, AMENDING SECTION 45.10 SUWrVISION 4 AND 5 AND AMENDI14G SECTION 45.19 BY ADDING SUBDIVISIONS 15 AND 16: MOTION.by Councilman Liebl to adopt Ordinance #419, waive the reading and order publication. Seconded by Councilman Harris. Upon a roll call vote, Samuelson, Kirkham, Liebl, and Harris voting aye, Mayor Kirkham declared the motion carried. FIRST READING 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: (Lots 1 through 4, Block 1, Spring Brook Park. William J. Keefer) MOTION by Councilman Harris to approve the Ordinance on first reading and waive the reading, subject to acquiring a slope easement. Seconded by Council- man Samuelson. Upon a roll call vote, Liebl, Harris, Samuelson, and Kirkham voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF AN ORDINANCE FOR REZONING REQUEST (ZQA #69-03) TO REZONE FROM C-2S AND M-1 TO R-3A, S.E. CORNER OF 79TH WAY AND EAST RIVER ROAD: (N. Craig Johnson) Mayor Kirkham asked that this item be tabled until Councilman Sheridan arrives, as he had indicated that he would be late for the Meeting. CONSIDERATION OF ALLEY PROBLEM BETWEEN 2ND STREET AND MAIN STREET: (McClain) Councilman Liebl said that he understood that there was a petition to be received by the Council from Mr. Harvey C. Olsen, 6060 2nd Street N.E. Mr. Olsen came forward and presented the petition, and said that there was about 85% signing the petition against opening up the alley. He said that there were some that he had been unable to reach. MOTION by Councilman Harris to receive Petition #14-1969. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Liebl asked Mr. Olsen if this was not the third time a petition was circulated. Mr. Olsen said that this was true. He said that they have requested closing the alley many times Mayor Kirkham informed the audiewa that legally there must be 100% sicm atr--m. Mr. Olsen said that it is hard to contact some of these 4$}a wdbpon Ceivinq the THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 19, 1969 The Regular Council Meeting of May 19, 1969 was called to order by Mayor Kirkham at 7:37 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham requested the audience rise and join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Liebl, Harris, Samuelson, Kirkham, Sheridan (Arrived at 9:15 P.M.) MEMBERS ABSENT: None APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 5, 1969: MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of May 5, 1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPROVAL OF MINUTES OF THE SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF MAY 12, 1969: MOTION by Councilman Harris to adopt the Minutes of the Special Public Hearing and Workshop Meeting of May 12, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA: Mayor Kirkham stated that there were some items to add to the Agenda as follows: Side Yard Variance Request by Bernard Becker, 7664 Arthur Street Change Item #17 (Receiving Bids for Police Car) to read Emergency Ordinance for Purchase of Police Car. Integrated Mechanical Systems, Incorporated. Itmap- F under Communications, frouNaegele Outdoor Advertising Company. Y.M.C.A. Delegation at 9:00 P.M. MOTION by Councilman Samuelson to adopt the Agenda as amended. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the Motion carried. VISITORS: Mayor Kirkham explained the policy of the Council in allowing 15 minutes for items not on the Agenda. There was no one present to speak on items not on the Agenda. CONSIDERATION OF PLYWOOD MINNESOTA EXTERIOR BUILDING PIAN: A Representative from Plywood Minnesota came forward and said that the plans have been studied since the Meeting last Monday night and the revised plans were submitted-to the City phis A.Mr He thea showed the pians and photographs THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 2, 1969 Mayor Kirkham called the Regular Council Meeting of June 2, 1969 to order at 7:43 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham lead the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Liebl, Harris, Sheridan, Kirkham, Samuelson. (Left the Meeting at 9:10 P.M. ) MEMBERS ABSENT: None INVOCATION: Pastor Norman Eitrheim of the St. Philip's Lutheran Church lead the Council and audience in the Invocation. PRESENTATION OF YOUTH ACHIEVEMENT AWARDS: Mayor Kirkham presented Kathleen Benson, Valedictorian and Bonita Luhman, Salutatorian with their Youth Achievement Awards and congratulated them on their outstanding scholastic achievement. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 19, 1969: MOTION by Councilman Harris to adopt the Minutes of the Regular Council Meeting of May 19, 1969 as presented. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimoulsy. APPROVAL OF MINUTES OF THE SPECIAL WORKSHOP MEETING OF MAY 26, 1969: MOTION by Councilman Samuelson to adopt the Minutes of the Special Workshop Meeting of May 26, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Kirkham said that there was one item that he would like to add: Item "F" under Communications, from Mr. John Hurajt, 1101 Lynde Drive: A request for a temporary sign to welcome his son home from Vietnam. MOTION by Councilman Liebl to adopt the Agenda as amended. Seconded by Council- man Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. VISITORS: Mayor Kirkham explained the Council policy in allowing members of the audience to speak on items not orithe Agend4 and asked �f there was anyone REGULAR COUNCIL MEETING OF JUNE 2, 1969 PAGE 2 present who wished to speak. RONALD McCLAIN: ALLEY BETWEEN 2ND STREET AND MAIN STREET: Mr. McClain said that he had received the letter sent out by the Administration for the signatures. At the last Council Meeting, it was his understanding that only the fee owners were required to sign, but there was a place for the contract buyer to sign also. Councilman Liebl told Mr. McClain that the Administration was instructed to write these letters and they did so, after consulting with the City Attorney. The City Attorney added that the contract purchaser must be notified also. Mayor Kirkham said that they wanted to eliminate the renters from signing the letter. Mr. McClain asked about these other people, and what if it is not signed 100%. Councilman Sheridan told him that then the Council cannot simply vacate the land. Mr. McClain asked if then, quite possibly, it could be thrown out again. Mayor Kirkham said that this was correct. The letter was worded in such a way that protection is open to both parties. If anyone objects, they must be heard. Mr. McClain said that he did not think that this was justice. He asked if his Councilman had seen the letter. Councilman Liebl said that he had not. Mr. McClain then gave him a copy of the letter to see. ORDINANCE #421 - AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (Lots 1-4, Block 1, Spring Brook Park requested by William J. Keefer) MOTION by Councilman Samuelson to adopt Ordinance #421 on second reading, waive the reading and order publication held until acquisition of the necessary slope easement. Seconded by Councilman Sheridan. Upon a roll call vote, Liebl, Harris, Samuelson, Sheridan, and Kirkham voting aye, Mayor Kirkham declared the motion carried unanimously. / CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR REZONING REQUEST (ZOA #69-03) TO REZONE FROM R-3, C-2S, AND M-1 TO R-3A: (S.E. corner of 79th Way and East River Road requested by N. Craig Johnson) The City Engineer explained to the Council that the R-3 area has been included in the Ordinance also, and can be used only for multiples. He said that he would recommend that the Council acquire an 18' strip of land along the westerly portion of the property along East River Road for an additional lane. Councilman Harris reported that he had received a call from someone along 79th Way who felt that a small manufacturing plant would not be detrimental. He said that there seems to be some confusion in the minds of the people on what is allowed in an M-1 district, and they are thinking in terms of an electronics plant or something comparable to this. He then read from the Code Book for the benefit of the audience just what would be allowed in an M-1 district. He said that he wanted to clarify this point, and that it is pre- sently zoned for any of these uses, and anv one of them could go in. Noting these uses as permissible, and the fact -Litat some of the area is already zoned for apartments, he would be in favor of the rezoning. MOTION by Councilman Harris to adopt the Ordinance on second reading. Seconded by Councilman Sheridan. J REGULAR COUNCIL MEETING OF JUNE 2, 1969 PAGE 3 Mr, Charles Floer, 161 79th Way, said that he had 240 signatures against this rezoning, and he would like to introduce Mr. Joe Connors to speak for the people. Councilman Liebl asked if Mr. Connors was speaking as a friend or legal con- sultant. Mr. Connors said he was speaking as a friend. Mr. Joe Connors said that these people are not trouble makers or protesters. When the first Public Hearing was held, the people did not know the procedure, and did not offer very much objection. Since then there have been 240 people signing a petition against this rezoning. He pointed to the Planning Commission Meeting Minutes of February 27, 1969 which states that there would be 294 units, and it was the feeling of the Planning Commission that further studies should be made, and that some research would be in order on the past history of the land. In the March 13, 1969 Planning Commission Minutes, the Chairman ex- pressed some concern about the increased number of multiple dwellings. He then read Mr. Thayer's statement from the Minutes concerning the impact of multiple dwellings on the school district. Mr. Connors said that there were many points to be stressed and that perhaps this is the time to make this study. He said that the Planning Commission had recommended a course of action, but the history or studies were not mentioned at the next Planning Commission Meeting. He presented a graph showing the rise in the number of apartment units, He questioned what the impact to the community would be. He pointed out that there were other unresolved questions, such as, that it was pointed out at the Plan- ning Commission Meeting that the sanitary sewer is not adequate for the multiple dwellings. He questioned the history of the zoning on this land, and said that it was not clear just what had happened on the land, but that it had moved from R-1 in 1959 through different zonings until it arrives at this R-3A now under consideration. He said that he did not know the reasons for this, that he had gotten his information in a second hand manner, and that he felt that the Planning Commission should have made the study that they had talked of doing. There are 2000 pending multiple family units which will all be built on R-3 land. The whole matter of multiple dwellings is changing the complexion of the City, and the Council must consider the entire community. Councilman Liebl asked the City Engineer if the inteceptor on 79th Way would not be adequate to handle the 294 apartment units, as the Planning Commission Minutes state. The City Engineer answered that this was true, but no matter how the land develops, the same would be true. Perhaps, if it were to develop under the present zoning, and an industry using a lot of water located there, there would be even more sewer capacity needed than for the proposed multiple dwellings. Regardless of the zoning, if the land were to be developed, eventually some lines would have to be connected to the N.S.S.S.D. lines. Mr. James Thayer, Chairman of School District #14 School Board, said that as he had questioned the Planning Commission, he would again question the Council, on just how the total impact of the increase in multiple dwellings can be assessed within the City of Fridley. They do add to the tax base but do not add children appreciably to the school district, but he would question what happens in 15-20 years if the trend of the economy continues as it has been. As costs skyrocket, fewer people will be able to afford to buy homes, so they will be living in apartments. This would mean more children in apartment houses. He said that he felt that the problem of multiple dwellings in the City has not been explored as it should be. He questioned what the impact on the school district would be. What should be the ratio of multiple units to single family dwellings, and what kind of balance should you attempt to achieve, r REGULAR COUNCIL MEETING OF JUNE 2, 1969 PAGE 4 Councilman Liebl said that he had been the nay vote on the first reading, and he would like to try for the last time to sent this back to the Planning Commission for a study of the economic factors. MOTION by Councilman Liebl that the rezoning request #69-03 be tabled and returned to the Planning Commission for further hearings, at the completion of which, they re-submit their recommendations and the reasons for their recommendations. Mayor Kirkham called for a second on the Motion on the floor, he received none, therefore he declared the Motion DIED for lack of a second. Councilman Liebl said that before he would be ready to vote on this rezoning again, he would like to ask Councilman Samuelson why the name L.W. Samuelson, Vice President, appears on the application, and does he or his wife own any of this land. Councilman Samuelson answered that his name appears on the application, as the petitioner did not fully understand the question, and he would like to make the following statement: "The vote that I made on this proposal may possibly appear as a conflict of interest to people not fully informed of my involvement, interests, and reasons. The other Council members and members of the Planning Commission have known of my interests but not in detail. The corporation involved in the land sale to the group of 5 investors is the S.G. Pearson Co. , Inc. The corporation was formed in 1959, by the late S.G. Pearson to develop Pearson's Craigway Estates. At the time of incorporation, Mr. Pearson gave to my children 120 shares of stock as a gift'under the Minnesota Uniform gifts to minors act. As per his wish, I was appointed at that time, custodian for these shares. I am also an officer of the corporation in name only, and have no shares of ownership. I am also an executor of the estate of the late S.G. Pearson, along with Mr. James E. Pearson and Midland National Bank. There are 60 shares held by the estate of which there is a possibility that upon disburse- ment, my wife may receive 30 shares. There are no direct renumerations to me by my action as a Councilman. The proposal for rezoning as submitted by the group of 5 investors, has many good attributes. The area in question is presently zoned in a con- glomerate of 3 different categories: apartments, industrial, and com- mercial. The possibility under it's present zoning of what could be developed to what is proposed is a tremendous improvement. The Planning Commission under their study felt the request was reasonable, sensible, and in the best interest of the City and recommended approval. My action as a Councilman, as with the Planning Commission, and a majority of the Council, was done in the best interests of the City. The rezoning request is a lesser or downgrading category from what is presently zoned and more compatible with a residential area. If the request was to increase or step up the rezoning to a higher level, this would be an entirely different problem. t REGULAR COUNCIL MEETING OF JUNE 2, 1969 PAGE 5 (Councilman Samuelson's statement continued) If the land were developed under it's present zoning classification, or the proposed, the land is still an asset that will ultimately be trans- mitted to the shareholders. The sale of the land under this proposed rezoning is not of the highest land use nor the greatest amount of return that could be expected. In other words, the proposed rezoning is no great windfall of money to the corporation because of my action. My action, therefore, was taken in the best interest of the City. /s/ L.W. Samuelson June 2, 1969" Councilman Liebl asked the City Attorney if the circumstances described place Councilman Samuelson in a position in which his personal interest may come into conflict with the duty he owes to the citizens of Fridley. MOTION by Councilman Liebl that the rezoning request #69-03 be tabled for reconsideration until after the City Attorney has submitted his opinion on the disqualification of Councilman Samuelson in the transaction due to a private pecuniary interest which tends to conflict with the discharge of his duty to the City of Fridley. The City.Attorney said that if the Council wishes this in writing, he would do so. He said that he has already talked to the attorney for S.G. Pearson, Inc. He said that this would be a very close question, and could not be determined by him, and that anything that he may say would be subject to a court of law, if this is where it would end up. THE MOTION by Councilman Liebl to refer this question to the legal staff, and table the Ordinance to the next Regular Council Meeting was seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Mrs. Eugene Pett, 176 Longfellow St. said that she is a resident of the area and she would like to see homes built in there. Mayor Kirkham told her that her comments are already a matter of record. The land is not zoned for R-1 and the petitioner did not wish to try to rezone to R-1. A member of the audience asked if 78th Avenue is platted. Mayor Kirkham said not on that side of the railroad tracks. Mayor Kirkham was then asked, what about the speed limit on East River Road, it has already been reduced to 40 MPH. With these additional units, will not this compound the problem. Mayor Kirkham said that possibly the speed limit would then be reduced to 30 MPH. Councilman Samuelson then submitted his statement to Mayor Kirkham. MOTION by Councilman Liebl to receive the statement signed by Councilman Samuelson dated June 2, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF FINAL PLAT (P.S. #69-05) EAST RANCH ESTATES SECOND ADDITION, ROBERT A. SCHROER: (Generally located north of Osborne Road and west of University Avenue) Councilman Liebl said that he hgd requested that �R F4tter be tabled at the last Meeting to allow time to contab£_"th6 owners of the property pg;th of 79th REGULAR COUNCIL MEETING OF JUNE 2, 1969 PAGE 6 Avenue of the pending Council action. He noted in the Planning Commission Minutes there is a rezoning request to rezone part of the land from M-2 to R-3 and he felt that these people should be informed. Mr. Schroer has provided an internal traffic pattern within the plat, but what about the people north of 79th Avenue. He said that he felt that there should be a letter of concurrence from them. Councilman Harris said that his understanding is that the Council would follow the same policy as with Commerce Park for traffic control, and that the traffic pattern would be set up, then the owners of the land would follow it. He pointed out that the Plats and Subdivisions - Streets and Utilities Subcommittee recommends street configurations, so that the City is not obligated to go back sometime in the future to clear up traffic difficulties, such as the case with the Shell Oil intersection at 61st Avenue and University Avenue. Councilman Liebl said that he did not like the temporary drainage easement along the ditch, as suggested by the City Engineer. He asked when the storm sewer would be going in.. Councilman Samuelson said that the ditch is there now, and will have to stay until the storm sewer does go in. He pointed out that the City is trying to get it installed, and that Harris Erection would certainly like to get it installed also. The City Attorney added that he would be meeting shortly with Spring Lake Park to try to get the storm sewer problems resolved. Councilman Liebl said that he felt that this is an abuse to the property owners and would like an end to the stalling. Mayor Kirkham pointed out that getting this plat filed will speed up the development of the area and increase pressure to get the storm sewer in. Councilman Sheridan asked if the east-west line was a permanent easement. The City Engineer said yes. As soon as the storm sewer goes in, the temporary easement could be abandoned. The City Attorney suggested a quit claim deed for the temporary easement that would terminate at the completion of the in- stallation of the storm sewer. This would not be filed, but would be held in the office. Councilman Harris commented that he felt that some good thought was given to the development of this plat, and agreed that the land would not develop until the plat is filed. MOTION by Councilman Harris to approve the plan with the permanent easements as shown, with a temporary drainage easement to be accomplished by a quit claim deed, not filed, but held in the City offices and released upon completion of the storm sewer. Mr. Richard Harris, 6200 Riverview Terrace said that he would have no objection to the plat, but would object to the temporary easement as he felt that this would just perpetuate the problem, and would force them to live with it just that much longer. He felt that this would just be putting the developer through a lot of extra paper work, He said that Spring Lake Park should be pushed to get the permanent resolvement. Something has got to be done about the ditch, the ditch is a hinderance to the development of the plat. Councilman Sheridan said that he did not think that a deed would be necessary as long as the ditch has been a waterway for so long. He added that he did not think that the owners of the property would have the right to close off the ditch until an alternate solution is provided. He felt that this would just cloud the title for thq d�velope � r REGULAR COUNCIL MEETING OF JUNE 16, 1969 PAGE 7 of Adams Street Addition to be drawn to include the street off-set within the right of way. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #69-03 TO REZONE FROM R-3, C-2S, AND M-1 TO R-3A: S.E. Corner of 79th Way and East River Road, request by N. Craig Johnson Councilman Samuelson said that inasmuch as the requested legal opinion was only received tonight, he would suggest tabling this Ordinance consideration to the Meeting of July 7th. MOTION by Councilman Samuelson to table the consideration of the second reading of the rezoning Ordinance requested by N.Craig Johnson to July 7, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CITY HOSPITALIZATION INSURANCE INFORMATION: Councilman Harris asked if these cost figures for life insurance were based on $10,000 across the board. The Finance Director said that they were based on an employee's base salary, with a maximum of $10,000. It would cost about $60 more for the other plan. Councilman Sheridan asked if the $10,000 would be the maximum. The Finance Director said yes, and added that with the minimum of $5,000, it would cost the City about $60 more and that the committee did not feel strongly one way or the other, the reason they recommended the life insurance equal to the base salary was that it would be cheaper. Councilman Harris felt that the City did have some responsibility to the employees, and the employees earning under $5,000 would not be getting sufficient coverage. Seasonal workers and those in the lower brackets would be no better off than they were with the old policy. The Finance Director said that he was sure that the committee would be happy with the $5,000 - $10,000 split, and the only reason they recommended the other plan was to keep the costs down. Councilman Harris said that it would be unfair to eliminate people at the lower end of the scale. Councilman Sheridan suggested a $5,000 minimum and a $10,000 maximum could be used. The Finance Director asked if the rest of the Council felt that the insurance should be at $5,000 minimum and $10,000 maximum, with the insurance based on the base salary between the two extremes. Councilman Harris felt that this would not cost too much more, when considering the cost of the total package. MOTION by Councilman Harris to initiate the plan for the life insurance with a $5,000 minimum and a $10,000 maximum with the insurance based on an em- ployee's base salary between the two figures. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl asked if it were certain that the City did not have to go out for open bids. The City Attorney said that it is not required. Councilman Liebl commented that the reason the City went out for open bids last year was to obtain the lowest premiums possible, with the best coverage. The City Manager pointed out that the committee recommended a continued two year plan. Mayor Kirkham added that the City never went out for bids before last year. The City Manager said that if a one year extention was agreed upon, there would then be no necessity to go out for bids. The Finance Director said that one REGULAR COUNCIL MEETING OF JUNE 16, 1969 PAGE 8 reason the committee recommended the extention of the present plan is that it does cost money to go out for open bids, when you include the Administrative costs and the advertisement etc. He said that he was sure that if the Council chose to continue the plan for one year rather than two, the committee would not be too unhappy. They would rather do that than have to start over again with bidding. The City Attorney explained in answer to Councilman Liebl's questions about going out for bids, that it was not a requirement to go out for bids, but if the City did, they would have to accept the lowest bidder which meets the specifications. Councilman Liebl said that Mr. John F. Brask, Consultant has said that there would be a 50-50% probability that if the bidding were open to many companies, the bids may come in from 5% to 15% lower. He added that he thought that this is a better plan than last year. MOTION by Councilman Harris to adopt the one year plan for the City employee's insurance with the present carrier. Seconded by Councilman Liebl. Upon a ' voice vote, all voting aye, Mayor Kirkham declared the motion carried unani- mously. The Finance Director asked if that included the committee's recommendation for a lowered deductible from $100 to $50, and the major medical raised from $10,000 to $25,000. The Council agreed this was their intention. CONSIDERATION OF 61ST AVENUE AND UNIVERSITY AVENUE SERVICE LANE, SHELL OIL AND CHURCH OF ST. WILLIAM: Councilman Sheridan reported that he had met with St. William's Church about a week ago and this was discussed and as a result Reverend Keefe was authorized- to write this letter to the. Council. He said that he believed that it was within the structure of what was discussed. Councilman Harris question #4 of the letter concerning reimbursement by the State of Minnesota for the taking of their land. Councilman Sheridan said that Bob Kurpius, District #5 Traffic Engineer had indicated. in their discussion that the State of Minnesota has at different times made a reimbursement for the taking of land, such as in this case. They are requesting the City of Fridley to request reimbursement from the State of Minnesota for them. Councilman Samuelson asked what if the State of Minnesota refuses. Councilman Sheridan said that they may, but the Church understands this. MOTION by Councilman Sheridan to receive the communication from the Church of St. William dated June 9, 1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. The City Engineer asked if it was the Council's feeling to also concur with Shell Oil's proposal. Councilman Harris felt that the Council should not be bound be the estimated figure of $23,250. The City Engineer said that he would be coming back with final costs anyhow,,.-and if the Council wishes, these could be gathered before the next Council Meeting. Councilman Harris asked that the. figures they are projecting be broken down. The City Engineer said that they have submitted a complete break down of the figure. Councilman Samuelson asked if the City would be paying in any way for the remodeling. The City Engineer said no, just the difference between the remodeling and the relocation. REGULAR COUNCIL MEETING OF JULY 7, 1969 PAGE 2 purchase Lots 9 and 10, Block 13, Fridley Park Addition, 6435 Ashton Avenue, but first he would like to know if this move would be approved. The City of Minneapolis Waterworks has taken his land. He explained that his home is eight years old, and in good condition. He said that the Building Official had inspected it and found that it met the building codes. He then presented a picture of his home to the Council for them to see. The City Engineer said that he had not seen the house, but is familiar with it, as he had talked to the Building Official, and since this man is in a hurry and the house is in good shape, he felt that the Council could, if they wished, approve this request. Councilman Sheridan said that he felt that this request should go to the Building Standards - Design Control Subcommittee first. They will be meeting July 16, 1969, so this would not make too much difference in time. That way the Building Board would not be bypassed, and the Council would have their recommendation. Councilman Samuelson agreed that the procedure should be followed as there would not be too much time saved anyhow. He commented that there should be no problem, it is a nice looking house. Mayor Kirkham advised Mr. Zroka to get written concurrence by the neighbors to present to the Building Board's Meeting of the 16th, and then it will come back to the Council on the 21st of July. Councilman Sheridan added that his feeling that it should go to the Building Board first was no reflection on the appearance of the house, he felt that it would make a nice addition, but rather that this is the proper procedure. The Council advised Mr. Zroka to contact the City Engineer to start the necessary action to get on the Building Standards - Design Control Subcommittee Meeting Agenda. ORDINANCE #424 - AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: (N. Craig Johnson, ZOA #69-03) MOTION by Councilman Harris to adopt Ordinance #424, waive the reading and order publication. Seconded by Councilman Sheridan for discussion. Councilman Harris commented that he had alreadymade his reasons known for ,III being in favor of this Ordinance. Councilman Sheridan reported that he had had a number of calls from people in this area and there seems to be some misinformation that if this rezoning Ordinance does not go through, the land will become R-1. This is not the case, it will remain as it is, M-1, C-2S, and R-3* He said that be felt that by this zoning, it would be an upgrading of the land. Councilman Liebl asked the City Attorney why he did not sign his name to the opinion rendered on this case. The City Attorney said that he was in a rush to get it out of the office, and would be willing to do so, if Councilman Liebl desires. THE VOTE, upon the motion, being a roll call vote, Sheridan, Kirkham, Harris, and Samuelson voting aye, Liebl voting nay, Mayor Kirkham declared the motion carried. Mr. Charles Floer, 161 79th Way N.E. said that as a citizen of the first ward, he would like to challenge the vote of Councilman Samuelson because of the conflict of interest, and request the Council to ask for a ruling from the Attorney General of Minnesota on his vote. THE MINUTES OF THE REGULAR COUNCIL MEETING OF JULY 7, 1969 Mayor Kirkham called the Regular Council Meeting of July 7, 1969 to order at 7:40 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham lead the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Liebl, Harris, Samuelson, Sheridan, Kirkham MEMBERS ABSENT: None APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 16, 1969: MOTION by Councilman Harris to adopt the Minutes of the Regular Council Meeting of June 16, 1969 as presented. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Kirkham said that there were a number of items to add to the Agenda which were: 5A. Discussion Regarding Chies Construction Company. 5B. Consideration of an Emergency Ordinance for the Modification of Flood Dike and Repair of Sewers. 10A. Foundation Permit for Max Saliterman in Shorewood Shopping Center. 46. Authorization of Certificates of Achievement for the Members of the Police Department Pistol Team. 47. Receiving the Minutes of the Split Liquor Study Committee. Under Communications: D. Mr. & Mrs. Edward Wilbert, Request to Build Garage over Sewer Easement. E. City of Minneapolis, Regarding their Payment of Special Assessments on on Lot 30, Auditor's Subdivision #39 in the amount of $1,464.43. MOTION by Councilman Samuelson to adopt the Agenda as amended. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. VISITORS: Mayor Kirkham explained the procedure of the Council in allowing 15 minutes to the audience for items not on the Agenda, and asked if anyone wished to speak. Mr. Nick Zroka was present to explain that he must move his home from 3614 Marshall Street N.E. , Minneapolis by September 1, 1969 and he would like to I REGULAR COUNCIL MEETING OF JULY 7, 1969 PAGE 3 The City Attorney said that it is hard to guess what the Attorney General would say, but that once an action is accomplished, he would not render an opinion. He would only answer a pending question. ORDINANCE #425 - AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (Harold Harris - SAV #67-04) MOTION by Councilman Sheridan to adopt Ordinance #425, waive the reading and order publication. Seconded by Councilman Liebl. Upon a roll call vote, Liebl, Harris, Samuelson, Sheridan, and Kirkham voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF ALLEY PROBLEM BETWEEN MAIN STREET AND SECOND STREET BETWEEN 60TH AVENUE AND 61ST AVENUE: (Ronald McClain) The City Manager reported that there was only one outstanding letter yet to be received. That was from a Mr. William Warner, owner of 6021 Main Street. All those received are in favor of vacating the alley. Mayor Kirkham asked if Mr. Warner was in the audience. Mr. McClain said that he had said that he would be here tonight, however he is not here as yet. It was agreed to take this item up later in the Meeting when Mr. Warner arrives. For the sake of clarity the remainder of the discussion pertaining to this item discussed when Mr. Warner arrived will follow. Mr. William Warner said that he bought the building in 1968 and that he deals in real estate. He said that there are three buildings in a line which were designed for walk-outs to the back parking lot. This would mean that the alley would have to be paved. He said that he had talked to a few of the people in the neighborhood, and they feel that they do not need the alley. It was pointed out to him that the children use the back for a play area, but it has been shown that hard surfaced areas for play are safer than soft surfaces. He also would question the increase in valuation, if any, if there was a vacation. He said that he could not afford any increase in valuation. He would also question how the off street parking in front could be arranged. This type of off-street parking would be in violation of the Code. Mr. Warner said that he did not feel that the vacation of the alley would be a progressive thing. He reported that they had a terrible time with garbage collection last winter. If the alley was in there, it would be a simple matter to collect the garbage. He said that he understood that Main Street will be a State Aid Road one day, and with the restrictions imposed, would not the alley have to be opened up again. Mayor Kirkham answered that the point is, that the alley has never been open although it is platted. Since it is not used, most people feel that it should be vacated. If it is not vacated, it still would not be improved, but would remain as it is. The improvement of the alley would be very costly because of the drainage problems in the area and the people are not in favor of this. He said that in his opinion this alley would never be improved, unless it was petitioned for. Mr. Warner asked what is the State would require that it be opened. Mayor Kirkham said that he could not imagine why the State would require this. Councilman Harris added that this is not a controlled access street. Mr. Warner asked about the garbage collection problem. Councilman Liebl said that this was a problem throughout the City last winter because of the amount of snow. The Council did gragt a Waiver of the Qrdinance REGULAR COUNCIL MEETING OF JULY. 7, 1969 PAGE 4 to allow the cans to be placed beside the garages, rather than in the back yards. He explained that the question of improving the alley came up in 1965. Now there is a double garage that would have to be removed, many fences are in the way etc. The City Manager has spent a great many hours on this problem. The mistakes were made many years ago, and cannot be totally rectified, but he would like to ask Mr. Warner to sign the agreement as a favor to all the neighbors in the block. Mr. Warner asked why not leave it as it is. The City Manager explained that Mr. McClain has done a lot of work to get this alley closed off, and he would like the privilege of using the alley legally as those others are doing illegally. The great amount of patience and work of Mr. McClain has been done so as not to compound the error. Mayor Kirkham commented that it seems about once a year the Council gets a request to either close it or open it. This is as close as the City has ever come to a resolvement, and he would like to see the cooperation of Mr. Warner. Councilman Liebl explained to Mr. Warner that he did not feel that it would be in the best interest of all his neighbors to improve the alley and levy this very high assessment. It would possibly involve condemnation proceedings to remove the garage and this would also be very costly, and possibly could not be done, as a previous Council had given the permit to build the garage. Councilman Sheridan said that this is a public right of way and he would have the right to go from one end of the alley to the other. Mr. Warner asked if that meant that he could require that the fences and the garage be taken down. The City Attorney said that would probably have to be done by a court order. Mr. Warner wondered about the maintenance of the alley. Mayor Kirkham said that the few alleys that are plowed in the City have. last priority. Councilman Sheridan added that only the older plats provide alleys, the newer ones do not. Mayor Kirkham said that he wanted to impress upon Mr. Warner that he personally doubted that the alley would ever be improved. He felt that getting 51% signatures to improve the alley at the high cost would be extremely remote. The vacation will put those people in violation in legal standing and allow those waiting to use the alley to do so legally. Mr. Warner said that he had called the fee owner and he said that he did not care, but would be concerned about the affect this would have on the taxes. The Finance Director informed him that the valuation would not change. The depth is not involved, only the front footage. There is no valuation based on square footage. Councilman Harris said that as there is still some indecision on his part, he advised him to come into the City offices and get any tax information he may wish, consult his attorney if he wished, then report back to the City Manager. Mr. Warner said that he would do this. CONSIDERATION OF COST FIGURES - 61ST AVENUE AND UNIVERSITY AVENUE N.E. SERVICE LOOP: The City Engineer explained while referring to the letter from Shell Oil Co. that their break-down shows that the total cost of the project to them would be $66,885. After subtracting the $36,000 for the cost of modernization plans and REGULF,P, COUNCIL 14EETING OF JULY 21, 1969 PAGE 12 proposed signals. Councilman Samuelson asked if there would be land- scaping between the north-south road and East'River Road. Mr. Schulze said yes, they plan on landscaping. Mayor Kirkham asked if the material in the tanks was flammable. Mr. Schulze said yes. Mayor Kirkham said that in that case, they would have to be diked. Mr. Schulze agreed and said that they had planned to do so. Councilman Samuelson asked what is the anticipated investment. Mr. Schulze replied that there would be 200,000 square feet, at $7.00 to $10.00 per square foot , would. mai.e it about a 32,000,000.00 project. MOTION by Councilman Liebl to adopt the general concept as proposed and request detailed plans, and to grant• a 'foundation permit. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 8. CONSIDERATION OF A REQUEST FOR GENERAL CONCEPT APPROVAL OF A 294 UNIT APARTMENT COMPLEX TO BE LOCATED ON LOTS 1, 2, 3, 4, 5, AND 6, BLOCK 2, PEARSON'S 1ST ADDITION, AND PARCEL 8400, SOUTH � OF SECTION 3, T. 30, R. 24, ANOKA COUNTY, MINNESOTA, THE SAME BEING 7805, 7825, 7845, 7855, 78.75, 7895 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY N.CRAIG JOHNSON, 4517 OXFORD AVENUE, MINNEAPOLIS, MINN.) : The City Engineer explained that the Building Standards - Design Control had approved the general concept, but had requested more detail, and plans showing the individual units. He suggested that the City should acquire 12' along East River Road for a future turning lane. MOTION by Councilman Samuelson to concur with the general concept and to request more detailed plans. Seconded by Councilman Sheridan. Upon a voice vote, Samuelson, Sheridan, and Kirkham voting aye, Liebl abstaining, Mayor Kirkham declared the motion carried. 9. CONSIDERATION OF A REPUEST TO CONSTRUCT A COMMERCIAL_ BUILDING ON LOT 2, BLOCK 1, NAGEL'S WOODLANDS ADDITION, THE SAME BEING 960 OSB0R13E ROAD N.E. , FRIDLEY, MINNESOTA. (REQUEST BY FRIDLEY AUTO BODY, 6041 UNIVERSITY AVENUE N.E. , FRIDLEY, MINNESOTA) : The City Engineer explained that this building will go in next to the Telephone building. There will be provided a 60' setback, also there is enough land for sidewalks and parking for their needs. He recommended ap- proval with the charge that the sidewalks should be put in now. MOTION by Councilman Samuelson to concur with the Building Board except for the change in the stipulation regarding sidewalks, and that the Council does not want an agreement for future sidewalks, but that they should be put in now. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION b Councilman Liebl to receive the Minutes of the Building Standards - Y g Design Control Subcomanittee Meeting of July 16, 1969. Seconded by Council- man Sheridan. Upon •a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman L,iebl asked the Char to move Itun ` 7 up, as there were a great many people waiting for this item. __ 'jd.. -%GE 11 REGULtR ' �C_:I. MEETING OF JULY 21, 1969 COUNCILMAN LIEBL WITHDREW MOTION. MOTION by Councilman Samuelson to grant the request for a restaurant to be located at 1200 Rice Creek Road subject to the stipulations imposed by the Building Board and that they provide a landscaping plan and sidewalks along the road to the north. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 5. CONSIDERATION OF A RE UEST TO CONSTRUCT A BUILDING FOR COMMERCIAL OR INDUSTRIAL LEASING LOCATED ON LOTS 22 AND 23, BLOCK 2, ONAWAY ADDITION, THE SAME BEING 7855 BEECH STREET N.E. , FRIDLEY, MINNESOTA. (REQUEST BY D.W. HARSTAD COMPANY, 7101 HIGHWAY #65 N.E. , FRIDLEY, MINNESOTA) : 6. CONSIDERATION OF A REQUEST TO CONSTRUCT A BUILDING FOR COMMERCIAL OR INDUSTRIAL LEASING LOCATED ON LOTS 20 AND 21, BLOCK 2, ONAWAY ADDITION, THE SAME BEING 7865 BEECH STREET N.E. , FRIDLEY, MINNESOTA. (REQUEST BY D.W. IIARSTAD COMPANY, 7101 HIGHWAY #65, FRIDLEY, MINNESOTA) : The City Engineer explained that they are following the same plan as for their previous buildings. There are two buildings to be 63' X 70' with n. The Cit Engineer explained the stipulations the same basic construction. Y , and showed the plan at the Council table. He said that the reason the 5 strip is to be blacktopped rather than sodded is for ease in maintenance. They understand that water and sewer will be available next spring. Councilman Sheridan asked if the applicant has agreed with all the stipu- lations. Mr. Dick Johnson of the D.W. Harstad Company replied that they did agree. man Sheridan to grant the building permits for 7855 MOTION b Council ,� Y imposed Beech Street and 7865 Beech Street subject to the stipulations p by the Building Board . ted by D.W. Harstad. Seconded by Councilman q rezes Liebl. Upon a voice vote all voting aye, Mayor Kirkham declared the motion carried. 7. CONSIDERATION OF A REQUEST FOR GENERAL CONCEPT APPROVAL OF AN OFFICE AND MANUFACTURING BUILDING TO BE LOCATED ON LOT 14, AUDITOR'S SUB- DIVISION #78, THE SAME BEING 5601 EAST RIVER ROAD, FRIDLEY, MINN. (REQUEST BY LA MAUR INCORPORATED, 110 NORTH 5TH STREET, MINNEAPOLIS, MINNESOTA) : The City Engineer explained that the Building Board approved the general concept, but wanted more detailed plans. Mr. Hugo Schulze of LaMaur Inc. presented some preliminary plans and an elevation at the Council table. Councilman Samuelson asked what kind of screening would be used on the freeway side of the building. Mr. Schulze said that he did not know yet. The tanks will be 10' high and 30' long and they will be depressed, so they will not be seen from the freeway. The building will be screened from the tank farm site. Councilman Liebl commented that at a height of only 10' , it will be easy to screen. Mr. Schulze, while showing the elevation to the Council said that there would be black brick, off-set with white vertical accent strips. He said that there would be 300 employees on a one shift basis. Councilman Sheridan said that the ingress and egress is shown south of Downing Box. The City Engineer said that there will 44Y9 to be a drive to bring the cars up to the BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES OF AUGUST 21, 1969 ' The meeting was called to order by Chairman Erickson at 8:03 P.M. MEMBERS PRESENT: Erickson, Biermann, Tormoen, Tonco MEMBERS ABS1`;.a'T: Sornsen OTHERS PRESENT: Hank Muhich-Building Official 1 . CONSIDERATION OF_-A REQUEST TO REMODEL EXISTING BUILDING LOCATED AT 6041 UNIVTSRSITY AVENUE N.E., THE SAME BEING LOTS 20, 21 22 AND THE S1 23, BLOC�� 4, 11+IDE PAR4: —�---- __ ADDITION. ( EQUEST BY c1ELS VAN-0-LITE, 3035 CEITERAL AVENUE N.E., MI N EAPULIS. MIN-JESOTA 55418.) Mr. Don McLellen and Mr. Melvin Jacobson were present to present the request . MOTION by Tonco to recommend approval of the request subject to the following stipulations and notations marked in red on the plans: 1. Paint all exterior elevation. 2. Cedar shingle mansord roof. 3. Landscape to be as scheduled detail noted in red on plans . 4. Precast concrete curbing as noted on plans . Seconded by Tormoen. Upon a voice vote, there being no nays, the motion carried unanimously. 2. CONSIDERATION OF A RESUEST TO CONSTRUCT AN ADDITION TO EXISTING SERVICE STATION LOCATED ON PART OF LOT 1, AUDITOR'S SUBDIVISION 140 25, THE SAME BEING 5696 HA.C13W-ui AVE TUE N.E., FRIDLEY, MINNESOTA (REQUEST BY PURE OIL COMPAx1Y, 4940 VIY.I12.!v DRIVE, MIN?JEAPOLIS, MINiIESOTA 55435 .) Mr. Don Egerer was present to present the request. MOTION by Biermann to recommend approval of the request with provisions that an agreement to' reached between the City and Pure Oil Company, regarding the loop back design to minimize a congestion problem at the intersection of Highway V'65, Hillwind Drive and Hackman Avenue and Central Avenue. Also, blacktop area around station to extend a minimum distance of 50 feet South of the proposed addition and extend the full width (EasE and West) of the property. Landscaping to be added when loop back changes are in progress . Seconded by Tormoen. Upon a voice vote, there being no nays, the motion carried unanimously. 3. CONSIDERATION OF A REQUEST TO CONSTRUCT A 294 UNIT APARD'ENT COTELEX TO BE LOCATED ON LOTS 11 2, 3, 4, 5 ARID 6, BLOCK 22 PEARSON'S 1ST ADDITIC3 AND PARCEL 8400, S; _OF SECTION 3, T-30, R-24, AO.A COUNTY MI21NESOTA, THE SAT--"7 BEING7805, 7825, 7845, 7855 7875 ArM 7895 EAST RIVER RCAD RIDLEI2 MINIIESOTA. (REQUEST BY N CRAIG JOHNiS0:1, 4517 OXFORD AVENUE, rill gEAFOLIS, MIT'.MSOTA.) Mr. Bill Dolan, Mr. Jerry Roberts and Mr. Clarence Lowe were present to present the request . They brought with them new plans incorporating some of the changes as suggested by the Board during the last subcommittee meting . i Building Standards-Design Control Subcouncnittee minutes of Aultlst 21, 1969 Pa3e 2 Mr. Dolan expinintd that in a recent meeting with the City Engineer, it was explained to him that the traffic problem could not be resolved without the County's approval as East River Road is a County road. HOTIONN by Tonco to recommend approval of the request subject to rzsolving the traffic problem with the County and City E-hgineers, as well as the 12 foot property dedication providing room for improvements and means of access. "evised detailed recreation area and landscaping plays should be submitted prier to final approval of prat plain. It was also recount-end-ed that building permits be s-it bald on the two Vestern apartment buildings until resolution of the traffic access with the County. Secouded by Biermann. Upon a voice vote, all voting aye, the motion carried unanimously. 4. COUSITISRATIONN OF A REQUT.,ST FOR THE APPROVAL OF TPUE GE17PLA, 1 A'A'UU Ov. A TRAILOR LIONF, ASALESSFLES OPERATION AS V`ELL AS TET' AE.STHETICS OF THE FLOT PE.,VI AM T�ITV TR TLOR TO BE USED AS THE S.-,,LES Oi lFICE AT 7151 HIGHWAY #65 . (REQUEST BY CAS'.ME NOWLE HMeA )EWMWAY ##52� OSSZO, kg1r-,?ESOTA.) f For. Bernard Ro+tter was present to present the request. NOTION by Biermann to recommend approval of the request, subject to the following stipulations and the notations marked in red on the plans: 1 . Dismount wheels of the office trailor.. 2. Block Lip on concroto blocks . f3. Skirt the base w4th aluminum. 4. Connect utilities (eate_s, sewer, gas, electricity) . 5 . Should occupancy be extendsd beyond the three year period as proposed, a revises plot plan must be submitted. I Seconded by Tormoen. Upon a voice vote, Tonco abstaining, the motion carried. AUJOU-3LIUT. The mooting was adjourned by Chairman Erickson at 10:40 P.M. Respectfully submitted, � � RICH Buildiz;3 Official r REGULAR COUNCIL MEETING OF SEPTEMBER 2, 1969 PAGE 13 has met with the City Engineer to accomplish this. MOTION by Councilman Liebl to approve the request subject to the conditions imposed by the Subcommittee and the acquisition of the agreement for the loop back. Seconded by Councilman Harris. Upon a voice vote, all voting aye, nl Mayor Kirkham declared the motion carried unanimously. 3. CONSIDERATION OF A REQUEST TO CONSTRUCT A 294 APARTMENT COMPLEX TO BE i LOCATED ON LOTS 1, 2, 3, 4, 5, AND 6, BLOCK 2, PEARSON'S 1ST ADDITION AND PARCEL 8400, S' OF SECTION 3 , T-30, R-24, ANOKA COUNTY, MINNESOTA, THE SAME BEING 7805, 7825, 7845, 7855, 7875, AND 7895 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY SI. rRATC, , OHNSON, 4517 OXFORD AVENUE, MINNEAPOLIS, MINNESOTA) : The City Attorney reported that last Friday there was a preliminary motion. The Court permitted these people to intervene and advance the schedule as much as is possible. i The City Engineer said that there were only small changes made since the j Council last saw the plans. As before, there will be right turns off East River Road and right turns onto East River Road going north, but no left turns. All left turns must be made at 79th Way. There will be an additional 'i lane provided. Mr. N. Craig Johnson said that he would like to get the plans approved, although obviously he could not get a building permit until after the court case is settled. He asked if it was possible to get a building permit subject to the outcome of the court case. The City Attorney said that it would not make any difference. The City Engineer said that he thought it best for Mr. Johnson i to come back with his plans after the case is settled and request a building permit for the first building. MOTION by Councilman Harris to approve the general concept of the plans, subject to the pending court case. Seconded by Councilman Sheridan. Upon a voice vote, Kirkham, Harris and Sheridan voting aye, Liebl voting nay and Samuelson abstaining, Mayor Kirkham declared the motion carried. 4. CONSIDERATION OF A REQUEST FOR THE APPROVAL OF THE GENERAL LAYOUT OF A TRAILER HOME SALES OPERATION AS WELL AS THE AESTHETICS OF THE PLOT PLAN AND THE TRAILER TO BE USED AS THE SALES OFFICE AT 7151 HIGHWAY #65. (REQUEST BY CASTLE MOBILE HOMES, HIGHWAY #52, OSSEO, MINNESOTA) : The City Engineer refreshed the Council's memory by reporting that Castle Mobile Homes received their special use permit and sign permit July 7, 1969. Now they are requesting approval of the plot plan. They are already in operation, however, there is some minimal work that they must do. MOTION by Councilman Harris to grant the request subject to the Subcommittee's stipulations. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF AUGUST 27, 1969: MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals Meeting of August 27, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all ayes, MayQV Xjr�h4M declared the motion carried unanimously. REGULAR COUNCIL MEETING OF SEPTEMBER 2, 1969 PAGE 14 " RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF AUGUST 25, 1969: Councilman Harris stated that about 2 years ago this Council decided unanimously that they should start to look into the possibility of open space acquisition. The land was appraised, then the Administration was asked to prepare an application for a Federal grant to see if the City of Fridley could meet the requirements for a grant. The City Manager prepared the application, made a trip to the Metropolitan Council to gain their approval and also to the people handling the funds for Federal dispersement. There was much time and work involved. The Metropolitan Council approved of the request although there were only about 8 out of 60 approved. Fridley has had the three approved, the North Park area, the Spring Lake Park area, and the Rice Creek area. The Federal Government has agreed to pay �, although first the City has to provide the money, then they get reimbursed by the Government. The State will also pay approximately 25%. The City Manager added that the State grant will fluctuate more than the Federal grant and may be up to, or less than 25%. Councilman Harris said that he had appeared before the Parks and Recreation Commission to explain these grants as there are some new Members of the Commission. There is a motion asking to have the three parcels appraised. He was very elated with the grants, considering the volume of applications the Government receives. MOTION by Councilman Harris to concur with the Parks and Recreation Commission and ask that the three parcels be appraised. Seconded by Councilman Sheridan. Councilman Sheridan asked if the Rice Creek area referred to is not the area where the City has already obtained some land, such as the Fontaine and Siverts property. Councilman Harris said yes. The City Manager added that the reason for the grants was that the sites will enhance the overall Metro- politan area. The large parcels are their concern. The smaller ones are considered to be a local responsibility. Councilman Liebl asked what the procedure was. The City Manager said that first the land has to be purchased, then the Federal Government reimburses the City with � of the cost. The State grant will probably be after the Federal money is received. He said that the people responsible for the State dispersements cautioned him not to figure on the whole 25%. Councilman Liebl asked how much was allowed in the 1970 budget for the land acquisition. The City Manager said that the budget is not that far along and it will depend on where the money comes from. Councilman Samuelson pointed out that the City Manager needs the concurrence of the Council to program the expenditure into the 1970 budget. The City Manager stated that the Government will mail the exact procedure to be used for the appraisals. THE VOTE UPON THE MOTION being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Harris told Mr. Barbush that there may be some action taken on the land he is interested in before too long. Mr. Barbush said that if this plan can be implemented, he was sure it would be an asset to the City of Fridley. He was glad to see something being done with the land. He com- mended the City Manager for the job he has done, because getting things through Washington ig not easy. REGULAR COUNCIL MEETING OF OCTOBER 6, 1969 PAGE 5 This would cost the City about $3,000. The County is proceeding on an • emergency basis, MOTION by Councilman Samuelson to authorize the City Administration not to exceed $3,000 on an emergency basis, for the installation of a temporary signal for Robert Louis Stevenson School and to enter into an agreement with the County and School if necessary. Seconded. by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried, Councilman Sheridan asked if any of the $3000 would be recoverable on the permanent installation. The City Engineer said that he did not think so. The County does not have any plans as yet. Councilman Sheridan said that on T,H. #65 both north and south of 49th Avenue there is a flashing amber light warning of a school crossing ahead and wondered if this could not be included in this area also, as it is located on a curve. The City Engineer said that he would check this out. He pointed out that both hand signals and flashing signals are illegal and are used only on an emergency basis, RECESS.- mayor ECESS:Mayor Kirkham declared a recess from 8:30 to 8:54 P.M. APPROVAL OF REQUEST FOR BUILDING PERMIT FOR TWO BUILDINGS ON 79TH WAY AND EAST RIVER ROAD; (FIVE SANDS, INC.) -r-- Mr, N, Craig Johnson said that the Council has already approved the concept and the plans are now completed. Approval of the plans as to the traffic has been received from the County. He said that they are now ready to start the two northwest buildings, Councilman Liebl asked if there was some sort of an agreement reached with the property owners. Mr. Johnson said that the major concern was traffic. There will be one opening on 79th Way and they have agreed to have the opening as far as possible to the west. The people were also concerned about parking on 79th Way and he said that there is thought being given to putting up no parking signs can the south side of 79th Way, then no one in the complex would be parking there. The people in the area were concerned about snow removal, with the cars parked on the street. He said that he did not believe the people realized how far back the complex will be from 79th Way and when they under- stood that it would be over 100 feet from 79th Way they seemed pleased. There will be right turns off East River Road, but no lett turns onto East R}vex Road, other than at the 79th intersection. Mr. Johnson said that there will be a road parallel to East River Road through the project. The City Engineer showed the plans to the Council and said that all left turns will be made at 79th Way were there is a signal proposed, This Will be the only exit for the complex. He said that there were a few changes in the complex since originally looked at, There was originally a cover provided over the swimming pool, now it is an uncovered outdoor pogl. He said that the City would like to keep the complex of high quality and these facilities tend to keep rent higher and the buildings well maintained, There is also a need for some easements which they have agreed to provide. • Councilman Samuelson asked if there is to be a registered land survey or platting done. The City Engineer said that it is all under one ownership and is described by metas and bounds now. Councilman, Samuelson asked if it would REGULAR COUNCIL MEETING OF OCTOBER 6, 1969 PAGE 6 not be better if platted, Mr. Johnson said that it is torrens title now and • the deed is clear, the mortgage company is satisfied with the metes and bounds da wription, as it is under one ownership, Councilman Sheridan asked in answer to the question raised by the City Engineer, if he meant to infer that the quality is not whit the City has been striving for, The City Engineer said that it is of average quality, but of course Jacks the river frontage like those located on East River Road, and the covered pool.. Councilman Sheridan said that he did not see that it would be unreasonable to request a covered pool with this amount of units. Mr. Johnson said this is true, however, they have tried to provide more living space rather than the covering over the pool. He said that they have found that people really do not use a pool that much, as much as they would other facilities they have tried to make nicer. They felt that' it would be better to use the additional funds for additional living space. There are tennis courts, party rooms, ping pong, places for children, and a sauna. He said that it was their feeling that a covered pool would look very nice, but would not really be used that much. The City Engineer said that they have so many other recreational facilities, it seems that the pool should be covered. Councilman Sheridan said that the Council does want them to be competitive with other communities. Mr. Johnson said that they will try very hard to keep up to date and that perhaps in the future, the pool will be covered. Mayor Kirkham said that he would like to see the pool covered, but would have to agree with Mr, Johnson that he would not like to see any of the more important facilities sacrificed. MOTION by Councilman Sheridan to authprize the Administration to grant a • building permit for the first two buildings for Five Sands Inc, in the vicinity of 79th Way and East River Road subject to easements required by the Adminis- tration, Seconded, by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE; MINUTES OF THE PARKS AND RECREATION MEETING OF SEPTEMBER 22, 1969: MOTION by Councilman Liebl to receive the Minutes of the Parks and Recreation Commission Meeting of September 22, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Sheridan to instruct the Administration to prepare a Certificate of Appreciation for Richard M. Donlin. Seconded by Councilman Samuelson, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The City Attorney pointed out that the Commission is again requesting an ordinance change prohibiting the use of motorized, vehicles in the park areas, and asked just what they meant, The City Manager believed that what was meant was all vehicles, except within posted areas. The City Attorney said that he would draw one up. Councilman Biebl pointed out that there was some discussion concerning having a representative from the Student Council, attend the Commission Meetings. He • Paid that he understood that this was being done in Bloomington sucessfully. Mayor Kirkham agreed that it was an item to consider, but that he was not ready to act. Councilman Samuelson agreed with the Mayor and pointed out that the City ,is comprised of four school districts, SPECIAL PUBLIC BEARING MEETING OF NOVEMBER 10, 1969 PAGE 29 by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried and the hearing closed at 7:55 P.M. PUBLIC HEARING ON VACATION SAV #69-07 BY FIVE SANDS: Mayor Kirkham read the Public Hearing Notice aloud and asked if any member of the audience wished to be heard. A member of the audience asked what streets there were. The City Engineer showed the area on the screen and pointed out the streets to be vacated, and explained that -these are stub streets and are not necessary to the plat as the development has their own internal traffic pattern. He pointed out that the City will need some easements at the easterly end for a turn-around until the City is successful in getting the crossing over the railroad tracks. MOTION by Councilman Harris to close the PublictIe vacation requested by Five Sands. Seconded by Councilman _ ,.Tole .Sole, Upon a voice vote, all voting aye, Mayor Kirkham declared the ilearing closed at 7.59 P.M. Mr. Dolan, representing Five Sands then arrive and Co:incillnan Samuelson explained the proceedings thus far. MOTION by Councilman Samuelson to re-open the Public: Hearing. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Mr. Dolan formally withdrew his request for vacation of thy= westerly street, as they plan to include the street into their LA--n.s. Tis is the street between Block 1 and Block 2 of Pearson's lst A.`ditic;n.. The City Engineer explained to Mr. Dolan that the easement is still necessary for the easterly turn-around, and Mr. Dolan agreed to make this dedicat _on. MOTION by Councilman Harris to close the Pubiic Hearing for the vacation SAV #69-07 requested by Five Sands. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. PUBLIC HEARING ON THE VACATION REQUEST SAV #69-10 BY THOMAS ALBERS: Mayor Kirkham read the Public Hearinc. Notice. Mr. J.B. Pollard, 1376 Highway #100 N.E. , said that he lives on Lot 1, Subdivision of Lot 10 and is adjacent to Johnson Street. He said that Johnson Street was abandoned by Rodney Billman during the development of the area. The City has made no attempt to maintain the street. There was a petition at one time for something to be done about it, and the City did put down black dirt and cultured sod and he said that he has taken care of it since. He also had his yard landscaped. Johnson Street is now used as a play ground which helps keep the children out of his yard. He said that he would like to go on record as not wanting the land back. lie wondered why the City is suddenly thinking of vacating the street when it has sat as it is for so many years. The City Engineer explained that this vacation was not initiated by the City but by a petitioner. The owner of some land would like to build a garage and he did not have enough room. The petitioner was Thomas Albers, Lot 1, Block 2, Swanstrom's Court. He explained that if it was vacated, the City would have to have an easement as there �S a 14" water main running in Johnson Street. SPECIAL PUBLIC HEARING MEETING OF NOVEMBER 10, 1969 PAGE 29 Mr. Thomas Albers, 1390 Skywood Lane, explained that he made the request for the vacation of that part of .Johnson Street adjacent to his property. There is not enough room to build a double car attached garage. If he put his garage in the back yard, then his children would not have much room for play. He said that he only needed an additional 10 feet, so with the easement, he would still have enough room if the vacation was granted. His request was only for that portion adjacent to him, but the Planning Commission at their Public Hearing decided to include all of Johnson Street as it is not travelled. He said that he found that the taxes on the additional footage is a nominal amount. He commented that he had not meant to create any turmoil in trying to upgrade his home, and that he hoped that the Council would honor his request. Mr. Raymond C. Prestemon, 1391 53-rd Avenue N.E. , said that he has Lot 18, Block 2, Swanstrom's Court (south of Mr: 111>a_ s) , t4 w_i.s!-iaJ tc go cm record as stating that he did not want the prope :t,Y bac': '.n-.de 'c:c ',""ether he would have to pay taxes on only that pari:, he could a Lt,_ n!_-ire amount including the easement. Mayor Kirkham tvl.C' him, chat the taxes would be on whatever portion reverted to him. Councilman Sheridan said that he thought tncre may b< a problem. As he recalled, prior to the filing of the plat, Johnson >' zeet _n exi_.;tance. If this is the case, then the property will revert back to :,r. : hielCts as original owner of the land, rather than to the plat. If th_�, Ci'-.y c111>sc '_o vacate , ohnson Street, then Mr. Albers would have to n&y(O_-ate with Mj� . Shieids fer the land. Mr. Pollard read from a statement he had ;aging that i,`r. Shields did dedicate roads and streets as shown in the plat, a .d Jchnson >tr,_': ': is one of them. Mayor Kirkham asked Mr. Albers how much _d `her: is prom t' c hot;cu to the lot line. Mr. Albers said about 20' to 2":=,' . Tnu... } would have to meet the side yard requirements. Mayor Kirkham sucg< st__i ':i,a _ , _, ha,, s a variance could be obtained from the Board of Appeals. There ,:-ould be no problem with any adjacent property owner as the easem.-nt: 1.6 ne.At- to him. Mr. Albers pointed out that he also planned a 6' to 8' breezeway between the house and garage. He said that he had not had the land surveyed as yet, until he finds out the results of the Public Hearing. The City Attorney suggested as there is a question whether the land was ever a part of the plat, that the City Engineer and himself check it out and report on the findings. This will determine who the land reverts to. It was agreed by the Council to move on to other items and come back to this when the City Attorney and City Engineer have the information. ORDINANCE #442 - AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR 1970: MOTION by Councilman Harris to adopt Ordinance #442, waive the reading and order publication. Seconded by Councilman Samuelson. Upon a roll call vote, Harris, Samuelson, Sheridan and Kirkham voting aye, Mayor Kirkham declared the motion carried. APPOINTMENTS: Cathryn J. Stordahl Accounting Machine $340 Replaces 10110 Dogwood Street N.W. Operator Per Florence Coon Rapids, Minnesota Month Engelbrecht 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. Mayou 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 #69-07J — 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 C _ PLATS & SUBDIVISIONS- STREETS & UTILITIES SUBCOMMITTEE NOVEMBER 4, 1970 7:00 P.M. PAGE 1 Chairman Schmedeke called the meeting to order at 7 :04 P.M. ROLL CALL: Members Present: Crowder, Schmedeke, Zeglen, Kelshaw, Meissner Members Absent: None Others Present: Darrel Clark, Engineering Assistant 1. PROPOSED PRELIMINARY PLAT, P.S. #70-04, FIVE SANDS, BY FIVE SANDS, INC. : Generally located South of 79th Way, East of East River Road, West of the railroad tracks and North of 78th Way. (Continued from Oct. 21, 1970) Eldon Schmedeke said he met with the City Engineer today. The reason for the platting could be said to have been asked by the City inasmuch as it is much easier to refer to the descriptions for the individual buildings and dedi- cating easements. Mr. Fudali explained there are seven lots. There are 295 units planned for this area. Lot 7 is the recreational lot which will serve all the apart- ments. An easement will be given for the entire lot. The reason for the zig- zag lot lines is to conform to the parking requirements of the zoning ordinance. Outlot B consists of a 60 foot wide strip along the West edge of the property primarily for ingress and egress for Lot 6. It is easier to describe an easement as an outlot instead of metes and bounds description. Lots 4, 5, 6 and 7 do not front on a public road. This was one of the items which was discussed quite thoroughly by the Engineering Assistant and the City Attorney. There will be easements over Lots 1, 2, 3 and 4 for ingress and egress to Lincoln Street and East River Road. Lot 6 has an easement over Outlot B which goes into Lincoln Street. Lot 5 has a 30 foot easement hooking up with 79th Way going into East River Road. The reason for the division between Lots 3 and 4 as shown on the proposed plat is that at the present time Five Sands , Incorporated is the fee owner of the North portion being Lots 1, 2, 3, Outlots A, B and C, and the S. G. Pearson Co. is owner of Lots 4, 5, 6. Outlots p and B and Lot 1 are encumbered with FHA mortgages, and the chances of any of these lots going tax title are extremely remote. The entire property is torrens title and is described by metes and bounds. The assessments are $22,000 and Five Sands Inc. expect to pay them off in the spring. The buildings are being financed individually and will be built individually. Chairman Schmedeke asked if Mr. Fudali would object to having the easement south of Stonybrook Creek wider as the 15 feet shown on the proposed plat does not seem adequate. Darrel Clark said that that was an additional easement dedicated off the alignment plat. Mr. Fudali said they would hesitate to enlarge Plats & Subs.-Str. & Util. Subcom. MtR. - Nov. 4 1970 Page 2 the easement as it would involve moving one of the proposed buildings. The Engineering Assistant said that there would be some sort of blanket easement prepared to show exactly where the utilities are. Mr. James Kurth, Surveyer for Five Sands, Inc. , said that the Northern States Power Co. will pick up the easements as they go, as they are putting in underground lines. Mr. Fudali added '-hat they have just signed an -greement with Northern States Power Co. so that the underground line can be installed at any time. Referring again to Lot 7, the common recreational area, Mr. Fudali said the taxes would be on a separate statement. The lot will be in the form of another restrictive corporation. An easement will be filed on Lot 7 drawn in favor of all the rest of the lots. The rest of the lots will contribute 20% of the cost `for upkeep and maintenance to the owner of Lot 7. They are trying to accomplish several things. Each building will be precisely the same -- the building, finances, etc. If one building is sold, the occupants still can retain the use of the recreational facilities, with the new owner being subject to the same arrangements. The Engineering Assistant stated that the individual lots would not be large enough for the structure being built, but the entire tract is large enough for the entire complex. The status of Lincoln Street was brought up. Outlot B connects with Lincoln Street which is 150 feet long and intersects with 79th Way. Mr. Fudali felt that, as Lincoln Street is not much of a street, they could maintain it, but would like to have the City plow it. Darrel Clark said that the City has 100 miles to plow in the winter. It was problematical whether or not this area could be plowed in time for the people to get to work, and then there was the problem of having the plow back up on 79th Way. In answer to the question of drainage, the Engineering Assistant said there is a drainage easement on the Southwest corner of the proposed plat, the higher land up in the Northeast corner drains towards East River Road. Water and sewer will be installed by the developer. There is no problem with sewer and water. The water system that will be put in by the developer has been approved by the Fire Department. On the North there will be a 15 foot wide berm between the garages and 79th Way. The landscaping plan has been approved by the Building Standards-Design Control Subcommittee and the Council. Mr. Schmedeke suggested evergreens be considered. The interior streets will not be as wide as the City streets. He continued, that after meeting with Mr. Juster, they felt there were more benefits to the City with regard to the concept than detriments. If this were a residential. area, it would be different, but this land is worth thousands of dollars per acre and therefore, is not anything someone would want to go tax forfeit. It is hoped that some day 79th Way will continue across the railroad tracks. The area south of the proposed plat is developed. They did not feel it was necessary for access to the other side of the tracks for the people in the con- cept and in this case, there is no reason to want to get from East River Road to the tracks. The problems of the interior easements should be approved by the City Attorney, the utilities be approved by the Administration and the City. They 1 Plata & Subs -Str. & Uti_l. Subcom. Mtg. - Nov. 4, 1970 Page 3 are pretty well set on driveway easements. Utilities have been discussed. MOTION by Meissner, seconded by Kelshaw, that the Plats & Subdivisions- Streets & Utilities Subcommittee recommend approval of the proposed preliminary plat, P.S. #70-04, Five Sands, by the Five Sands,Incorporated being a replat of Block 2, Pearson's 1st Addition and Parcel 8400, as described in the application request and p-,blic hearing notice to be hea-d before the Planning Commission tonight with the stipulations that the interior easement for utilities, sewer, streets and water, be considered for approval by the City Administration. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT: There being no further business, Chairman Schmedeke adjourned the meeting at 7:55 P.M. Respectfully submitted Hazel O'Brian Recording Secretary I REGULAR gOUN IL MEETING OF JANUARY 5, 1970 Page 4 MOTION by Councilman Sheridan to adopt the Planned Development Plan requested by Howard Dumphy for Block 1 and 2, Bordeaux Spring Brook Park Addition to be used for commercial, and the residential to be Lots 1 through 17, Block 1, Spring Brook Park 2nd Addition. It was agreed through further discussion that the 9 parking spaces were to be relocated. The plan adopted at this time is to be identified by the Engineering Department by date of approval. The City Engineer recommended that the property be resurveyed and replatted as there will be of necessity splitting of land and vacations. Mr Dumphy said that they plan to do this. Council- man Sheridan said that he would prefer a plat rather than a registered land survey. THE MOTION was seconded by Councilman Harris. Upon a voice vote, Sheridan, Kirkham, and Harris voting aye, Liebl voting nay, and Samuelson abstaining, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris that before the developer starts construction, he is to present a plat to the Council showing Phase A and Phase B. Seconded by Councilman Sheridan. Upon a voice vote, Sheridan, Kir%h'=; Liebl, Harris voting aye, Samuelson abstaining, Mayor Kirkham declared the \/ motion carried. - 7` FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE FRID_LE_Y_CITY CHARTER TO VACATE STREETS AND ALLEYS AND AMEND APPENDIX C OF THE CITY �CODE- (SAV. #69-07) Five Sands MOTION by Councilman Harris to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Sheridan. Upon a roll call vote, Sheridan, Kirkham, Liebl and Harris voting aye, Samuelson abstaining, Mayor Kirkham declared the motion carried. The City Engineer pointed out that there was a deed for a turn around which needed execution by the City Manager and the Mayor. MOTION by Councilman Sheridan to authorize the City Manager and the Mayor signing the deed. Seconded by Councilman Harris. Upon a voice vote, Sheridan, Kirkham, Liebl and Harris voting ave, Samuelson abstaining, Mayor Kirkham declared the motion carried. AWARDING CONTRACT FOR WORKMEN'S COMPENSATION INSURANCE: (Bids Opened December 15, 1969 at 11:00 A.M. , Received December 15, 1969 at Council meeting) AGENT COMPANY BEST RATING PER SPECIFICATIONS TERM + ~ 1) Endsley Western Casualty A AAAA ' no 3 Years 2) Endsley* Firemans Fund A+AAAA no 3 years 3) Zn Sentry A+AAAA yes g Y 1ear y 4) Rice Creek Agy. Mutual Creamery A+AAAA yes 1 year 5) Pearson Liberty Ins. A+AAAA no 3 years 6) Pearson Liberty Ins. A+AA.11A no 3 years 7) Carr Preuss Agricultural A+AAAA yes -- * Joint Agencies - Endsley - Anderson Agency L f PLANNING COMMISSION MEETING NOVEMBER 4, 1970 8:00 P.M. PAGE 1 The meeting was called to order by Chairman Erickson at 8:10 P.M. ROLL CALL: Members Present: Schmedeke, Fitzpatrick, Erickson, Harris Members Absent: Minish Others Present: Darrel Clark, Engineering Assistant APPROVE PLANNING COMMISSION MINUTES: OCTOBER 21, 1970 MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission minutes of October 21, 1970 be approved. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOMMITTEE MINUTES : OCTOBER 21, 1970 MOTION by Schmedeke, seconded by Fitzpatrick,that the Planning Commission receive the minutes of the Plats & Subdivisions-Streets & Utilities Subcommittee meeting of October 21, 1970. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE PARKS & RECREATION COMMISSION MINUTES: OCTOBER 26, 1970 MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission receive the minutes of the Parks & Recreation Commission meeting of October 26, 1970. Upon a voice vote, all voting aye, the motion carried unanimously. 1. PUBLIC HEARING: PROPOSED PRELIMINARY PLAT, P.S. #70-04, FIVE SANDS BY FIVE -� SANDS, INC. : Replat of Block 2, Pearson's 1st Addition and Parcel 8400. The Public Hearing Notice was read by Chairman Erickson. Mr. Richard Fudali and Mr. James Kurth represented the Five Sands, Inc. Mr. Fudali explained the reason for platting was, that under the Minnesota Statutes, torrens property would have to be either platted or registered land survey, as the torrens examiner at the County would not accept a description by metes and bounds. They decided to plat in order to have easements recorded on the plat. Lot 1 is under construction, and the public streets to be used are Lincoln and East River Road. Lot 2 could use 79th Way, and there is an easement dedicated over Lot 1 to get to the garages. Lot 3 has an easement over Lot 1 and then onto Lincoln Street. Lots 2, 4 and 5 are serviced by easements pro- viding for ingress and egress to Lincoln Street also. t Planning Commission Meeting - November 4, 1970 Page 2 On Lot 7, there is going to be a Recreation building constructed. This build- ing will have a separate owner and be a separate corporation with Ken Nordling and himself. The other six lots will pay their share of the real estate taxes and maintenance. Outlots A, B and Lot 1 are under one mortgage at the present time. They cannot develop this property without a plat. They found they cannot construct 295 units all at the same time. As far as timing, they will be renting out the first building in the spring of 1971, the second in the summer of 1971, and the 3rd phase will start construction in the spring of 1971 with the 4th and 5th phase in the summer and fall of that year. The complete project should be finished in 1972. Chairman Erickson asked Mr. Fudali who Craig Johnson was and what his interests were in this project. Mr. Fudali explained that Craig Johnson was in the original organization of "The Committee of Five" and that he (Mr. Fudali) was an original member of the group and has purchased the interests of the other three individuals and now he and Ken Nordling are the present owners. The Chairman asked what types of guarantees could Mr. Fudali give to the City that the project would be completed. In the rezoning application, this was pre- sented as one project, and now what is being presented is that these buildings can be owned by different people. Mr. Fudali answered that was correct, but he did not feel if the City had a situation where 295 units were built under one mortgage, and all State require- ments were followed from construction and legal point of view, it would be diffi- cult for the City, ten years from today, to say they would not permit the owner to Bell off •a building. He did not believe that anybody could stand before this body or any other body and say what could happen in the future. The FHA will mortgage the buildings and they plan to complete the project. Chairman Erickson stated thete were outlots shown on the plat, and asked what guaranty was given to the community that these parcels would not go tax forfeit. Mr. Fudali explained that in respect to being able to continue the work, they have a $684,000 mortgage of record on Lot 1 together with Outlots A and B. With respect to Lots 3, 4 and Outlot C, they will be under one mortgage. They discussed that point at some length with Mr. Juster. He said, as far as Outlot B was concerned, if it ever did go tax delinquent, the City of Fridley would prob- ably buy it and levy the entire assessments against Lot 1. The tax statements would include Outlot B and Lot 1. The reason certain parcels are designated as Outlots is to call attention to the fact they are something other than building lots and also makes it easier to describe them as they are, in fact, easements over these Outlots. Regarding ownership, Mr. Fudali said they own Outlots A, B and C and Lots 1, 2 and 3 of the proposed preliminary plat. The Southerly tract is being pur- chased by contract. In respect to Lot 7, an agreement is provided whereby all of Lot 7 is subject to an easement for recreational purposes in favor of all the rest of the lots. Prior to issuing three building permits, they are going to build the recreational unit and they intend to do so. When they build the third unit, they will pick up their contract for deed from Pearson, Inc. They do not feel this size of project should have an outdoor pool, so they have decided to provide an indoor one and saunas, etc. Planning Commission Meeting - November 4, 1970 Page 4 ment„s are met. One way the City could protect themselves would be to issue all the permits at one time on the entire tract. The Chairman wondered what would happen if, when a structure was built on Lo-t 1 and Lot 2 was sold. Mr. Fud-ali said they would end up with a bigger signi- ficant risk than the City would if the plat were approved. There was the possi- bility of a building permit being denied. Chairman Erickson said that he never heard of this type of mortgaging before and he checked with Bloomington Planning Commission. He understood one mortgage company would issue a mortgage for the entire concept, but do so one at a time as the buildings are completed. Mr. Fudali answered that ordinarily you do not get involved with mortgages in a plat, but this is not the situation here. His concern is what would happen if Five Sands, Inc. goes bankrupt, but if something should go wrong, the City would have a platted piece of ground. The Engineering Assistant said the entire tract will hold 295 units. Taking out Lot 7, the recreational area, the complex would have to be decreased. Chairman Erickson asked why they did not continue to file under metes and bounds. Mr. Fudali said they could, but they could not file the deed on the Pearson property then. They would like to have five separate tax statements, as everything else is separate. The Engineering Assistant was asked to find out from the County if they would re-combine the two parcels, compute the area on the individual lots, and find out the terms of the agreements at the time of rezoning. Mr. Fitzpatrick said that he was somewhat disturbed about the "what if" questions, as they could apply to anything. He continued that we do have to take the intent on some things, and although Mr. Harris says we are hooked sometimes, I feel usually not. Mr. Schmedeke said the Subcommittee discussed this same project previously this evening. They approved the plat. They did not take a pessimistic view of it. They felt the potential intent was to finish this project. Although Mr. Clark and the City Attorney met, he would like to look further at the request, but he surely would not object to it. Chairman Erickson did not believe the attorney had submitted any opinion and he would like to have the benefit of his counsel. The Engineering Assistant said the City Attorney agreed there was risk involved. He could not think of any way to post a bond to run for "X" number of years stating that this would always remain in one ownership. He gave the impres- sion that there would be reasons involved for the problem of simplifying all the descriptions and platting would be the proper method. Chairman Erickson said it was his understanding that if the City does not accept the plat, the County will not accept the separate deeds. There will not be separate tax statements. It appears that this would not be one complex if five separate buildings had five separate owners. He felt the Commission should have more time to study the loose ends, and would request that the City Attorney attend the November 18th meeting. MOTION by Harris, seconded by Fitzpatrick, that the public hearing of the i r Planning Commission Meeting - November 4, 1970 Page 5 proposed preliminary plat, P.S. #70-04, Five Sands, by Five Sands, Inc. be con- tinued until the next Planning Commission meeting of November 18, 1970. Upon a voice vote, all voting aye, the motion carried unanimously. One of the items of. concern is the recreational lot. If there is a separate owner for the recreational lot and five owners for the other buildings, who will be paying 20% of the operation costs of the recreational building and how will this be handled legally if one of the five buildings should change ownership. 2. PLANTING BOULEVARD (40FEET) IN MOORE LAKE HIGHLANDS 4TH ADDITION: The suggestion was again discussed for using the 40 foot strip for a nursery. The City could plant seedlings and then later transplant them to other areas in the City. Or the school could use the land for a classroom project. Mr. Fitzpatrick said that the Park Board is now cognizant of this problem, and if the Planning Commission wished to take it off the agenda and refer it to Parks, they would work on it. Mr. Schmedeke said he did not want it to be lost in the shuffle. He thought it would be a wonderful opportunity to plant a variety of evergreens and see which type grows best in Fridley. Another factor the Commission felt that should be checked was the comparison of the cost of transplanting a tree which had been growing with that of a tree purchased with a one year guarantee. Then should they over-plant and then transplant, or use it for a pleasant place to walk. MOTION by Schmedeke, seconded by Harris, that the Planning Commission refer the problem of the 40 foot Planting Boulevard in Moore Lake Highlands 4th Addi- tion to the Parks and Recreation Commission for their study and solution. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT: There being no further business, Chairman Erickson adjourned the meeting at 9:45 P.M. Respectfully submitted Hazel O'Brian Recording Secretary "s REGULAR COUNCIL MEETING OF DECEMBER 7, 1970 PAGE 25 3 B. ACTING CITY MANAZER: PROPOSED EXPLOSIVE ORDINANCE: MOTION by Councilman Liebl to receive the memorandum from the Acting City Manager dated DE :ember 1, 1970, and the lette., from the City Attorney dated November 23, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. C. PLANNING ASSISTANT: REPORT ON ANOKA _COUNTY C(X1PREHF—NSIVE HEALTH MEETING, NOVEMBER 1B, 1970: MOTION by Councilrrzn Harris to receive the communication from the Planning Assistant dated November 19, 1970. The motion was secondad and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. D. KEN NORDLIr,G: REQUEST FOR 14AIVER OF PLUMBING CODE: MOTION by Councilman Harris to receive the communication from Kean Nordling dated November 18, 1970 and approve the request for a waiver fi : the old Minneapolis Plumbing Code to allow use of plastic pipes as written in the new Minneapolis Code. Seconded by _Councilm=n IiebZ. Upon a voice vote, all ! voting aye, Mayor Kirkham declared the motion ca rind unanimcu5ly. E. SOCIAL ACTION C0,1 ,11TTEE: ST. WILLIAMS CHURCH: " MOTION by Councilman Liebl to receive the communication from .the Social Action Committee of the St. Williams Church. ' Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the � motion carried unanimously. APPOINTPTENT OF ASSISTFutT CITY MnNAGER: i MOTION by Councilman Harris to appoint Marvin C. Brunsell as Assistant City 3 Manager. Mr. Harris stated that by previous action he is authorized to act as assistant only when the City Manager is out of town. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADJOURNMENT: i There being no further business, Mayor Kirkham declared the Regular Council Meeting" of December 7, 1970 adjourned at 1:40 A.M. Reqpectfully submitted, uel Mercer Jack 0. Kirkham Secretary to the City Council. Mayor f k` P L� f l BuijdL'Tlg Standards-Design Control Meeting of January 19, 1971 Page 2 3. There must be concrete curbing around all blacktop areas . Seconded by Tonco. Upon a voice vote, all voting aye, the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO CONSTRUCT ADDITIONAL GARAGES FOR AN APARTMENT ` COMPLEX IN LIEU OF PARKING LOCATED ON LOTS 1, 2, 3, 4, 5, AND 6, BLOCK 2, PEARSON'S IST ADDITION AND PARCEL 8400, S2 OF SECTION 3, T-30, R-24, ANOKA t' COUNTY, MINNESOTA, THE SAME BEING 7805, 7825, 7845, 7855, 7875, AND 7895 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY FIVE SANDS DEVELOPMENT, 2408 CENTRAL AVENUE, MINNEAPOLIS, MINNESOTA.) Mr. Ken Nordling and Mr. Dick Fudali were present to present the request. Mr. Nordling stated that they would like to convert the outside parking along 79th Way N.E. into garages . They would be putting in either two 16 stall garages or a 24 stall garage and an 8 stall garage depending on where the sewer line would come in. These additional garages will conform to the garages all ready built and the rest of the apartment complex. MOTION by Tonco to recommend approval of the request for additional garages as shown on the drawings and specifications . Seconded by Lindblad. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT: The meeting was adjourned by Chairman Zeglen at 9:20 P.M. Respectfully submitted, CAROL CHUDEK Secretary ZOA #69-03 N. Craig Johnson Committee of Five Ord. #139 First reading December 21 , 1959 Ord. #232 First reading March 18 , 1963 Ord. #248 First reading October 7 , 1963 1955 to December 1959 200 feet to 300 feet along R.R. tracks zoned M-1 . The remaining zoned R-3 . First reading of Ord. #139 , 12/21/59 , rezoned to the East 310 feet along tracks to M-1 , the rest to C-2S . This request met with little objection at the Public Hearing . Ord. #232 , March of 1963 The East 362 feet of the South 551 feet rezoned from M-1 & C- 2S to M-25, Heavy Industrial . The hearings indicated no public interest in the rezoning . Ord. #248 , October 7 , 1963 Lots 1-6 , Block 2 , Pearson' s From C- 2S $ M-1 to R-3A, first reading October 7 , 1963 . There was no public interest voiced at either Public Hearing . ORDINANCE NO. 424 t 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 herein- after indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 1 through 6, Block 2, Pearson's 1st Addition together with that tract described as follows: Beginning at the most southerly corner of Lot 1, Block 1, Pearson's 1st Addition; thence northeasterly and easterly along the southerly line of said Pearson's 1st Addition to the southwesterly line of the Great Northern Railroad Company right 6f way; thence southeasterly along said southwesterly right of way line to a point 606.60 feet northwesterly of the southerly line of said south half of Section 3, as measured along said southwesterly right of way line; thence westerly, parallel with said south line of the south half of Section 3, �_. to the northeasterly corner of Outlot A, Pearson's 2nd Addition; thence continuing westerly and southwesterly along the northerly line of said Pearson's 2nd Addition to the northeasterly right of way line of East River Road; thence northwesterly along said northeasterly right of way line to the point of beginning, all lying in Section 3, 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 (multiple dwellings only) . SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area from Zoned Districts R-3 (general multiple family .dwellings) , C-2S (general shopping areas) and M-1 (light industrial_ areas) to R-3A (multiple dwellings only) . PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7TH DAY OF JULY, 1969. MAYOR - JACK O. KIRKHAM ATTEST: CITY CLERK - MARVIN C. BRUNSELL _ Public Hearing: April 7, 1969 First Reading:^ May 19, 1969 Second Reading: July 7, 1969 Publish. . . . . . . July 16, 1969