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ZOA67-04 `w CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA ~" Rezoning PLANNING AND ZONING FORM Number Special Use Permit ?G TQ �� - a QQ Variance APPLICANT'S SIGNATURE ;, Lot Splits Address 1 �_l � ��i � ,� i Approval of Pre- liminary Plat Telephone Number_ 2e! -Zk2j 'R2✓ L� ,1/ ti„d A,, Approval of Final PROPERTY OWNER'S SIGNATU Plat Streets or Alley- Address :-nVacations r Telephone Number '� `�7 Other Street Location of Property 1 - Legal Description of Property �,/�i Present Zoning Classification / Existing Use of the Property �,R Proposed Zoning Classification, Special Use, Variance or other request Describe briefly the Type of Use and the Improvement Proposed Acreage of Property, 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? y, When? What was Requested Fee Enclosed $ Date Filed Date of Hearing 4. PLANNING AND ZONING, FORM PACE 2 Number U The undersigned understands that: (a) A list of all residents and owners of pro- perty within 300 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the pro- ceedings resulting from the failure to list the names and :addresses of all residents and property o0trers of property within 300 feet of the property in question, belongs to the undersi-ned. Residents and Owners of Property within 300 feet: PERSONS ADDRESS A sketch of proposed property and structure must be drawn on the back of this form or attached, showing the following: 1. North Direction 2. Location of Proposed Structure on lot. 3. Dimensions of property, proposed structure, and front and side set-backs. 4. Street Names 5. Location snd use of adjacent existing buildings (within 300 feet) . The undersigned hereby declares that all the facts and representations stated in this application are true and correct. / / DATE SIGNATURE % /;� (APPLICANT) Approved Denied By the 3o6rd of Appekta 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 AP -d 0 I + , i w y5-&`>- � -- AN h ---------— ___ k �ts777 . r_. ,pr j f x C I }y 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 June 8, 1967 at 8:30 P.M.—In— the Council Chamber for the purpose of: ---- Consideration of a request by S. & S. Investment Company (ZOA #67-04) to rezone the following described parcel: Lots 1, 210 3, 4, 5 and 6, Block 1, Carlson's Summit Manor Annex 2nd Addition to rezone from R-1 (single family dwellings) to R-3 (general multiple family dwellings) being in the Northwest Quarter (NW-14) of Section 26, T-30, R-24, County of Anoka, State of Minnesota. Being generally located between 3rd Street and University Avenue and North of 51st Avenue Northeast. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. ROBERT J. HUGHES ACTING CHAIRMAN PLANNING COMMISSION Publish: May 12, 1967 May 19, 1967 • I //RE ,N v ZOA #67-04 '13 S & S INVESTMENT CO. �1 BY William Shaw Rezone from R-1 to R-3 r ® (general multiple family dwellings, ♦J Q• VX 2 IMCOR/d£R ' SEC. 6 -AV-- p, �. r ' - ��•�_per^^--- _�l- C .. r M F9'.4 C 11V —AVG' /i i 7 G ale.'•l'J , 1 1( ,<F ; 13 3 rnr ps Jf .z`i� +�i •e}+r' .y.,,. �- I R Flo �/ A Ja / w J_s :a�g i is r 2), I it � a, s,n t+v .'n',r,"� L r 9 r' •� �I rf I tf f _r tiJ ^ t t $ W rc f u f rs i ./;ti' 1 � 1, � •_ � ra � c k. >r „ ,< . rlt•J�Y' (� �:� � w = Ze' / zs s 1f -ru. re.a•nti z // lQ � 5 1 �' � S ri f � 21 is e u ! •y arxi j$ u 'H ;LL LL hr ` ��} '�. 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L .3i Yr /�� s!J w ` �� rc z< S �_....r-'L• :rte _..... )81.11 • OR-ALS'-ER' ff0 `d a ti idley Ap -2o '1VERSITY AVENUE �� /� Ql;A COUNTY JULJC!25'67 MiNNESOTA,5.5421 "1%Tni -,Q 5 N ' M N. r'pMETR 1 f� s el5.ili' Irl r1i.5353EE2� �< s^ .I P1_ -Carl Reed 5213 Horizon Drive Fridley Minnesota ! ,Trd e ,o0!: -^�, < ------ ,(YERSI Y-._AVENUE ��;. /�IU.S.P0STAGE;� 1 A -`COUNTY JUL25'fi7 h11NNESOTA_.55421 +Z .0 5 <` y 1 �P.B.M E 1 ER�( �i .J4 L Robert J . Christen 5201 Horizon Drive Fridley Minnesota 55421 f(yE1tS1T7._AVENUE .JArECtUNTIf- JUL ML2TG7 u'jl � INNESOTA-55421 ►rtN R l 'E Le l� H.W. Ortell Jr. 5090 3rd Street N.E. Fridley Minnesota 55421 Ari4ley lVEIfs IT.Y AVENUE a C<� / �.S.r+3SA6f AiCOUNYY Jai X5'67 4''� �. •� �' NNESC►T,A_ .5421 ZLiZ � 5 II ' a _.� I+ MIN .5�53i��__J= f G.hT. 51: 9 ..—riz�n Drive Fridley 11121Ti?v o:1 ljr• 4tey C--- 4 EAPOL" QIVERSITY AVENUE �t <``_., U.S.P0SiAGE« pKA'tCOUNTY JUL25'67 "i'-.� << NNESOTA__55421Vs y� 05 METER �S .,� �-f��,� M►NN. N�.s3s3iz George Hingels 5139 Horizon Drive Fridley Minnesota 55421 ri e� _ 0 3 ill E A,o 11VERSITY AVENUE �� C`�ti.. rr `< AKA COUNTY= ,� �o��a�E;� � JULJl:l ZS'6T U' INNESOTA_55421 t; .0 5 $3 .� p F. Warren E. Nelson 5129 Horizon Drive Fridley Minnesota 55421 Iw r 4IVEPS TY AVENUE �� \.= ../�jU.S.PUS A',�/ Iridleffft CKA COUNTY' v MINNESOTA-55421 t c J L 4" N lJ./ n ES E N 1..�.._�< Com^ l : Florian W. Novak 5130 3rd Street N.E. Fridley Minnesota 55421 lri4 ey VIVERSIYAVENUE h , u'! U.J.�OSIAGf - iKA-COUNTY- JCL25'67 MINNESOTA-5.5421 - is •''` '� .0 5 r - r L Chester Brozak 5110 3rd. Street N.E. Fridley Minnesota 55421 4lWidlqf 0 . i , %%� 4(VERSIT,Y AVENUE �' /.;!tJ•J•POSi UL;� 2KA' COUNTY- JUL 25'67 (J Nt •; : 'INNESOTA�-5 .05 .� 5421 ,�,z,•� taslu a T Rudolph E. Anderson 5189 Horizon Drive Fridley Minnesota 55421 r .�� -- idley IVER.SITY AVENUE OKA COUNTY <\ ' „I�IU.J. OSih�i;< 'MlNNESOTA__5.5421 JUL25-67u' PP�' .E,Ek t T4 j 5115 01 3ridley EA 1IVERSITY AVENUE .� ^^ �` :KA COUNTY � .� / I��•�USIa�E,� JUL 25'67 MINNESOTA 515421 r, . Pi j `• Johh P. Velin 5105 Horizon Drive Fridley Minnesota 55421 iIVER_$1_TY _AVENUE STA ^Ei )KA COUNTY ;.,25'67 u''i=i R• �< MINNESOTA 55421 6 jw MZ.0 5 �< INN 5, 15,11 12 x Arvid Carlson & Sons r 3200 France Ave. S. Minneapolis Minnesota idle ,t1'lE_ SIYY._AVENUE �� S.POSir « OKA=-''C0UNt1F JUL25-67 U" MkNNESOT.A_4.5421 -•O CJ IR ZZs'? r07 - �- MINN � � y r `II E Trevor Kyle 51?9 Horizon Drive Fridley Minnesota 1 ., 1 �� O��M - / IU.�.POSTAUfI- li E��51 t~Y _AV E N U E . AnCOUNTY- JC125'67 o NNESOTA_-55421 z.0 J i< �'�" M►Np M E i R' i.5353: p ,_u wf Harle'y W. Persons 5169 Horizon Drive Fridley Minnesota 55421 1 ",, lri4ley �E' I _ �:X4A "^5.'2��A IYE SIT,Y__AVENUE O - A.'COUNTY= JCL 25'67 NNESO.TA_45421 �� • �< .� M 5 ' M1NN. GQ.SsHE ERS Robert Murz 5159 Horizon Drive Fridley Minnesota 55421 7,ridleu lot 11fECt51lYNUE �� U.J.�OS!AuC:- kA'fC6U1�1rtY JUL 25'67 NIINNESO5421r �� .0 5ME I ` P6.55353'-2 - ltom.\T`�V�_'_ S & S Investment Company 1202 Pike Lake Drive New Brighton Minnesota ention William Shaw ti'9 -t511;,Y _AVENUE ,�� ,_� /,�U.S.POS!AGUS 3 AI'COUNtY RL25'67 ' '< 114NESOTA_55421 i; _ �< ix�1i -z.0 5 I< MtN�B.mET iR ^� r P 53 B2 �< J EMT C {G. - , Ii Nels Bjugan 5097 Topper Lane Fridley Minnesota 55421 ZOA #67-04, SO Invest. Co. Lots 1-6 Carlson's Summit Manor Annex 2nd Addition i wwwo / U �. � O 21 2,1 6 0 Page 3 �- IL ' aJ ZOA #67-04 S&S INVESTMENT CO. Lots 1-6 Carlson's Summit Manor Annex 2nd Addition J -41 y Page 2 ZOA #67-04, SO Invest. Co. L. 1-6 Carlson's Summit Manor Annex 2 Add. all y 117 io — �-7/_ z-1.2 117 Page 1 CITY OF FRIDLEY ^ PETITION COVER SHEET Petition No. 23-1967 Date Received June 15, 1967 Object Opposed to rezoning from single family residences to apartment buildings. (Carlson's Sunnit Manor South Addition Petition Checked By Date Percent Signing Referred to City Council Disposition We, the undersigned , are opposed to the rezoning of this area 17 from single fainily residences to apartment buildings. Our homes were built here because the ar&a was properly zoned for private homes, and we feel it would be unfair to us to change it now, as it would adversely affect the value and liveability of our homes. Name Address _ L-3 . 51 75 /fir-�-�� .��ln ,5 0� � � J�,,,��:�'L-%• /�� Z v (-2 0 z ` ) c C✓ '�-`'v�L cam(/ J7 J l • Vle, the undersigned, are opposed to the rezoning of this area from single family residences to apartment buildings. Our homes were built here because the area was properly zoned for private homes, and vie feel it would be unfair to us to now change it, as it would adversely affect the value and liveability of our homes. Name Address c9 7' 1,�eee� % ;� � �� _ � C) "1. sic, t/ c 112 ©� ZOA #67-04 $y ViLLi&u, Skawl gym.I-i (geraral Axdtipla� fismAy 4w&Ui AC-s SEC. 16 rrl,• M -h— '=,`_ 3 aJ`_ y:•r ,� �w._f__ Ir'.1y.!r V& AVE �r�J,Tll i V&aVF '• ..`7 C i ,f < / •li •to-. 7 S k a �� , pJ r r s // 'i `, ww �I >. t ria— ,x..s r, A. .�ox e ^ r• "�—r JJ r�r1}.,,r »•• '..i./' '. �,ryr I / .Z oe�:' ZI 7 rr ! i' r,rrpu rM;ti��r� c rn4 ! � 1 LP aC j i ♦ LLJ /= L 4S a ,r L'r',;j r•Jj 1+r� r•o-� .' r. '�`r J _L j i t )r ro r/ r� !f_ /3 I a � I •. 7 PO a rI _�ryI Zo aR 11•, . 17 53- I fi±'a \,! /f ti✓. .'�� -`; -, ,.a \ /!��^ _i� Ir... //' �J1 1 ` e f /.I , i.Jnr ISy+R_i/, a`, �7 �., .r� /'trt%*IRL i v I i=cy Itx: at �. r Ate r ` +T i jY Jt1„1 1 I 'r< �'; �e�, ,r n•, .�.a '� --�. „ v. •I Imo' !c •r �!e -.. a 2 r,'1 1r:..N°,a: .� ,� /� `C O t! z e /t.,.ia�'r �fp3/ a s,(a `rr..rl/ �l ,. a'•.n-`.�t Q '� i 27 } N 17 L - w'i^x+ f P \ an 2 12 ZIPa t! !r � NIr \ � wrh_ ��' 1�M y/ ]�1 •,r'M•rP` �� )) 9 It 1 __ Its At l�J 3 ,R„t a, \ 3` !7 r -i ` <�• �`.., ��11 i to rr re /i �/ 1 ; T li a 1 t! � a .. �. i �t •t.r�'. ��/; � ,i K /T K . � /r � '•a,••�� +' .d i I ,p it rc :T - I ` � L� Fx T t•! '' S .0 �r�' f 1i r” 4 ..<,-_- I `I $ .,� _v.s`2 r n �• j , l� _ a. js � { �r-Qt T r,l'' i F . a '-•).Ti. '__ Is \ (f.^ �• C:•!• ijc, / X10 Y:, w I t9 r i 1f f a t tc o f 11J �„r, ” I ri Zf 107 •ss�tf!i 'rr1.r.r-[x1.-,�'1�Ir1 Ivt/J� J ?/'•{u,�-j,'\rCeeI :y � —_„N�.sst__L�_�_.f/-__.vt..?J iA- U)RA} A u ` J �•�( F a I „ Ar or I N v?1 N �I•/e � ,Sy_�,` a�fi' r. v,.e t i` �•F w ' y .` �Ol`H• r .vr E MORALl•C—Ht= _s''`�, � xr •' � �. Oi i Y O: Fi"DILEY DIR A (qA E C E I V ® JUN N 0 1967 Pry _,1,2, 314,516 June 20, 19467 .r. R. J. riughes, Actino Chairre.n P1aiming Conmmission City of Fridley 6431 University Avenue 14. 4. Ildnneapolis, Minnesota 55121 Re: Rezoning the area on Third Street N. E. near 51st Dear 'r. Hughes and Commission xLembers : ':4enbl ers of our coira-i.ttee Trish to g• on record urging you and your com;rnittee to request the City Council to reject the proposal to rezone from RI, to R3 the area on Third Street near 51st for the f®2�.wring reasons: • 1. Pesidents -who have built their homes on Third Street were assu°ed the area wOuld not. be rezoned. 2. We oppose, generally, spot rezoning. 3. I e feel strongly that the traffic problem is severe now! Speed is not controlled on Third Street, nor in the alley- way behind present apartmerrus. Also, there is generally more than one car per apart- ment and often they are left standing in the field. We are definitely in favor of early property on both sides of Third Street being developed but not with more twelve-unit apartments.' Very truly yours, Summit Manor Corr,mittee Edgard Fitzpatrick, Chairman Secretary • C;TY OF rP.IDLEY 0437 UN1VE7,,SITY o,VE.N.M EcEIVED JUN " 0 1967 PM 71�j.. . 1112131415i6 June 20, 1967 1z, R. J. Hughes, Acting Chairman Planning Commission City of Fridley 6431 University Avenue N. E. 1,1inneapolis, bannesota 55421 Re; Rezoning the area on Third Street N. E. near 51st Dear Per. Hughes and Commission P,embers : :embers of our committee wish to go on record urging you and your committee to request the City Council to reject the proposal to rezone from RI to R3 the area on Third Street near 51st for the following reasons: 1. Residents who have built their homes on Third Street were assured the area would not be rezoned. 2. Vie oppose, generally, spot rezoning. 3. 14lie feel strongly that the traffic problem is severe now! Speed is not controlled on Third Street, nor in the alley- way behind present apartments. Also, there is generally more than one car per apart- ment and often they are left standing in the field. We are definitely in favor of empty property on both sides of Third Street being developed but not with mare twelve unit apartments: Very truly yours, Summit I'l nor Committee -I'dward Fitzpatrick, Chairman ?-ecetary Ail, 1 JCROa • _ D // _ 1.... 2/26 S+ATS R[--] L '2 � I cr 1 52ND AVE n ' C-J In r' Z c, -L 12 O 51ST AV. W o C-1 _ JJ rZC R c1 AN ti W Q 1 ` 1 SQTH A'J� V c Z GI AR� R _a10-7 l R IR2 CL po a r S 4�7Et LA- f 49 TH. AVE 49TH AvE ". �—i Lu --- LLI r` — > t i ,f 43TH AVENUE N.F_. 48TH ,AVE N R-4 :R-2 r4' u AVENUE N.E. cr- ter' o_ � R-3` <rf f Planning Commission Meeting —April 27, 1967 Page 6 The City Attorney thought perhaps we should do both, but the question is how. It would take three or four months with help. The Planning Com- mission was given an Outline of Proposed Zoning Code worked up by the City Attorney for reference. Suggestions were discussed relating to the outline. No decisions were made, but Mr. Herrick suggested that he would work on it and come back at the next meeting with what he has, and will work on Sections 1 to 4. The Commission referred to the request for a veterinary clinic and asked if the City Attorney could come up with something by the next meet- ing for a Special Use Permit and criteria. The Engineering Assistant was asked to get specifications from the requestors to incorporate in the criteria. Chairman Hughes told the City Attorney the Planning Commission thinks ,highly of the outline he presented this evening, and asked if it would be desirable for us to make some recommendation to Council that they should hire an assistant for you to do some of this work. The City Attorney said he had been given funds for this purpose. He asked that the members look over some of the other related chapters, consider the general approach and give me what suggestions you might have either as to changing the out- line and bring in other suggestions that we haven't talked about yet. Also, request they look over the "Declaration of Policy". 6. REZONING REQUEST: ZOA #67-04, S & S INVESTMENT COMPANY REPRESENTED BY WILLIAM SHAW: Lots 1 thru 6, Block 1, Carlson's Summit Manor Annex 2nd Addition. Rezone from R-1 to R-3-A (general multiple family dwellings) . MOTION by Erickson, seconded by Myhra, that the Planning Commission set a public hearing date of June 8, 1967 at 8:30 P.M. for the rezoning request, ZOA #67-04, S & S Investment Company for Lots 1 thru 6, Block 1, Carlson's Summit Manor Annex 2nd Addition from R-1 (single family dwellings;: to R-3-A (general multiple family dwellings). Upon_a voice vote, all voting aye, the motion carried unanimously. 7. REZONING REQUEST: ZOA #67-06, WYMAN SMITH REPRESENTING MARIAN HILLS DEVELOPMENT COMPANY: Lots 1 thru 11, Block 2 and Lots 1 thru 6, Block 1, Marian Hills 2nd Addition -- rezone from R-1 to R-3 (general multiple family dwellings) and Special Use Permit. It was noted that only one owner was listed on the application sheet. The Commission decided that they would not discuss the item until all of the signatures are on the application and that the Engineering Depart- ment should check into this. MOTION by Erickson, seconded by Ylinen, that the Planning Commission set a public hearing date of June 8, 1967 at 9:00 o'clock for the rezon- ing request (ZOA #67-06) Wyman Smith representing Marian Hills Develop- ment Company of Lots 1 thru 11, Block 2 and Lots 1 thru 6, Block 1, Marian Hills 2nd Addition from R-1 (single family dwellings) to R-3 (general multiple family dwellings) and Special Use Permit. Upon a voice vote, all voting aye, the motion carried unanimously. The Planning Commission used the following schedule for the time of the public hearings in order to stagger the time: 1) #67-05 at 7:30; 2_ #67-04 at 8:30; 3) #67-06 at 9:00. ' Planning Commission Meeting - June 8, 1967 Page 6 Chairman Hughes said it is fair for the Commission to declare that the request is ,for a rezoning of a narrow strip adjacent to a large piece of land which is already zoned R-3. The appearance on the map is strange. It may solve the correction of zoning in another part of the City where a small strip was zoned in a category different from the basic tract. One of the reasons is the correction of an error in a previous rezoning and it is my opinion this is an example of it and not what a thinking body would do if it were zoned for the first time. Member Myhra stated I am in favor of the rezoning, but I would like to point out that whether we rezone or not, it will not change the neighborhood, and in view of that, I will make the following motion. MOTION by Myhra, seconded by Erickson, that the rezoning request, ZOA #67-0Y, by Rees, Thomson, Scroggins, Inc. for part of Lots 17 and 18, Auditor's Subdivision ,y'78 to rezone from R-1 (single family dwelling) to R-3 (general multiple family dwelling) be approved and sent on to the Council. Upon a voice vote, Jensen abstaining because of conflict of interest, all voting aye, the motion carried unanimously. PUBLIC HEARING 8.00 P.M. REZONING REQUEST 3• , Sr ZOA {67-04, 5 lc S INVESI'M ;NI_ CO. , REPRESENTED BY WILLIAM SHAW: Lots 1-6, Block l,'C'ar on' s Summit Manor Annex 2nd Addition. Rezone from R-1 to R-3-A. Kenneth Benson of Arvid Carlson & Sons, Inc. stated we are -the owners. Originally this property was zoned multiple through an error on the part of the original drawing and then rezoned R-1. This was carried through registration procedures, and we are now back, at this time, to request this be rezoned multiple, this being the best use for the property. a 4 It was noticed that Arvid Carlson owns the land immediately to the South, immediately to the North and on the West side. Jack Velin, 5101 Horizon Drive: Are you going to build a three story building? I live on the corner, and the neighbor, who recently purchased his lot is to the North. We have taken up a petition in the neighborhood. It is zoned for single family now and we were assured when we bought, that it would be single family and we just can't see that it should be changed. Chairman Hughes read the petition stating there were 25 signatures. MOTION by Ylinen, seconded by Myhra, that the Planning Commission receive the petition of the people opposed to the rezoning ZOA #67-07. Upon a voice vote, all voting aye, the motion carried. Helen Truenfels, 5248 Horizon Drive: In our neighborhood the people who received the letter were spotted everywhere. How do you pick them out? Phyllis Brozak, 5110 3rd Street N.E. : Why don't they clean up their ,property? Another neighbor said that another 24 units and there will be another 24 automobiles. A .young group lives in apartments for the most part 'but they are thoughtless. They do not take an active interest in the neighborhood and are not concerned with it. .t Planning Commission Meeting - June -8, 1967 Page 7 MOTION by Jensen, seconded by Ylinen., that the Public Hearing be closed for ZOA #67-04, S & S Investment Company, Represented by William Shaw, Lots 1 thru 6, Block 1, Carlson's Summit Manor Annex 2nd Addition, rezoning from R-1 to R-3-A. ` Member Erickson stated that we are faced with property abutting University Avenue that has R-3 use on each side of it, and for that reason, he would like .to study the rezoning request further. The explanation given that evening was, up until 1963, the R-2 in our zoning ordinance was called limited multiple dwelling and the only difference between R-2 and R-3 was that for each unit over 4, 1500 square feet were required for R-2, and 1,000 square feet for R-3. In 1964 the Council changed it. That is why there are R-2 zones with multiples. R-3-A is a new category in the last four years and that has the same area requirements as R-2 . MOTION by Erickson, seconded by Jensen, that the decision of the Planning Commission for the rezoning ZOA #67-04, S & S Investment Company, represented by William Shaw for Lots 1 thru 6, Block 1, Carlson's Summit Manor 2nd Addition from R-1 to R=3A be postponed until June 22, 1967. Upon a voice vote, two voting aye, two voting nay, the Chairman voting aye, the motion carried. 4. PUBLIC HEARING, 9:OO P.M. : REZONING REQUEST, ZOA #67-06, WOMAN SMITH REPRESEN'T'ING MARIAN HILLS DEVELOPMENT CO. : Lots 1-11, Block 2 and Lots 1-6, Block 1, Marian Hills 2nd Addition. Rezone from R-1 to R-3 and Special Use Permit. Wyman Smith explained the purpose of rezoning saying, basically the proposal is that the lots be rezoned for apartments and then across the street, which would be to the North side of 52nd Avenue and sort of into the hill, Special Use Permit, possibly doubles, maybe something less concentrated. The reason is this land was developed quite early in Fridley's history. It had a grid plat called Horizon Heights, and then Marian Hills Subdivisions were sort of a replat of the undeveloped. part. It was slow in developing, but developed very well. But this one street in the lower part has not had buyers and there has been a variety of builders and none have seemed interested. in it. Apartment houses were built along 52nd Avenue between the West edge of Marian Hills 2nd Addition towards Central Avenue and Robert Hall. The covenants that were originally put on Plat 1 and 2 had ten years duration. Now that the ten years have run out and the developer has reached a point where the cost is substantial, assessments and taxes and it becomes almost an economic requirement that some use be made of the land to get the money out.* Most of the dwellings are on the high level so that they would be above the apartment houses. The Development Company is not in the building business. There have been some possibility of sales if it were rezoned. Chairman Hughes read the letter from Columbia Heights stating Frank Clayton would be present and he was called on. Mr. Clayton said it is interesting to sit on this side of the table and listen to 'the hearings. There have been storm drainage problems between Columbia Heights and Marian Hills. Part of the pond was in Columbia Heights and he doesn't see how this property could develop until this pond is taken care of. As stated, developing Mathaire as soon as the ponding problem was eliminated began. Four houses were built this spring from $25,000 Past $40,000: I live behind apartments that already existed and there is not any problem because I have a deep lot and the apartments have deep lots. P k • PLANNING COMMISSION MEETING —JUNE 22, 1967 AGE 1 The meeting was called to order by Acting Chairman Hughes at 7:30 P.M. ROLL CALL: Members present: Myhra, Hughes, Ylinen Members absent: Jensen, Erickson Others present: City Manager Wagner, Engineering Assistant Clark, City Attorney Herrick APPROVE MINUTES OF PLANNING COMMISSION MEETING: JUNE 8 1967 : Member Myhra called attention to a correction to be made on Page 7 of the minutes. The omission was a motion by Ylinen, seconded by Myhra, that the rezoning, ZOA #67-04, S & S Investment Company for Lots 1 thru 6, Block 1, Carlson's Summit Manor 2nd Addition from R-1 to R-3A be denied which failed. This should be inserted between the first and second paragraph on Page 7 of the minutes. MOTION by Myhra, seconded by Ylinen, that the Planning Commission minutes of June 8, 1967 be approved as corrected. Upon a voice vote, all voting aye, the motion carried. APPROVE MINUTES OF PLANNING COMMISSION MEETING: JUNE 15 1967: MOTION by Ylinen, seconded by Myhra, that the Planning Commission minutes of June 15, 1967 be approved. Upon a voice vote, all voting aye,. the motion carried. RECEIVE MINUTES OF BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE: JUNE 6, 1967: MOTION by Myhra, seconded by Ylinen, that the minutes of the Building Standards-Design Control Subcommittee meeting of June 6, 1967 be received. Upon a voice vote, all voting aye, the motion carried. 1. CONTINUED: REZONING REQUEST: ZOA #67-04, S & S INVESTMENT COMPANY, REPRE- SENTED BY WILLIAM SHAW: Lots 1-6, Block 1, Carlson's Summit Manor Annex 2nd Addition. Rezone from R-1 to R-3A. t MOTION by Ylinen, seconded by Myhra, that- the Planning Commission receive the letter from the Summit Manor Committee, Edward Fitzpatrick, Chairman opposing rezoning the area on Third Street N.E. near 51st, dated June 20, 1967. Upon a voice vote, all voting aye, the motion carried. Mr. Wilbur Holm, attorney, said although there are some things you may be familiar with, I would like to review the situation. We have six lots in Block 1, Carlson's Sun-nit Manor Annex 2nd Ad'di.tion. I am representing S & S Investment Company owned by Bill Shaw and Bob `Spawn. They will purchase this property if the rezoning is granted, and if it is not granted, they are under no obligation to buy it. Planning Commission Meeting - June 22, 1967. Page 2 What I would like to point out is the advantages. You would have a buffer area between University and the rest of the property and an increase in the tax base. It is the intention to have a condition of rezoning that there would be only one bedroom apartments. Generally speaking, there will not be children. The petitioners are the owners of 5475 and 5495 Main Street. They built that building and would like to do about the same type of job here. I think this would enhance this area. The property-ats it existd h6w could not be sold for residential. FHA will not approve a loan from the standpoint of finance, so it will lie vacant if it remains residential. This is an apartment area all the way from 53rd to 49th. It is not a spot zoning situation as it exists at the present time. Only the proposed apartments would be better now because, when the existing apartments were built in 1960 in this area, 44 units were the maximum, now there can be only 24 units. In addition, the building code, as you now have it, would make apartments substantially better than back in 1960. It will not block the street because of ample parking, and we will provide 40 parking spaces for 24 apartment units. You would not have an on street parking situation. As I understand, there is the possibility double bungalows would be allowed here. You would have to build two bedrooms at a fairly substantial cost and rental would not carry the burden. There would be children and you would have to provide other services. This property has had some difficulty. I understand three zonings, com mercial, multiple and then residential and now you would just be going back to what it was at one time. It seems to me the only logical, reasonable and economical use of this property is multiple. We do not want commercial or industrial and residential is not saleable so you have to go to multiple. This property needs to be developed. I think Carlson's should be considered as it is a hardship if it is left the way it is now. Member Ylinen asked Mr. Holm if they had some information from FHA that they do not approve, and was told that Bill Shaw tried to sell the property for residential and he indicated it is not acceptable. Kenneth Benson of Arvid Carlson & Son said that one of the parties opposing the rezoning the other night made the same statement. Ylinen stated there are single family dwellings further South on 3rd Street which also back up to University Avenue and are not new construction. Chairman Hughes said that previously it was mentioned that this property has held different zoning classifications. It was zoned for multiple at one time and rezoned to single family residential at the request of Carlson's. Could you give us some indication as to what the line of reasoning was at that time? Mr. Benson stated I believe we submitted this plat in 1962 and the reason for this was that, due to an error at the time the restrictive coven- ants were drawn and that the first platting north of this particular property was platted as an outlot. It would not permit the building of multiple buildings on that site. We did go through extensive registration procedure in order to lift this covenant on this particular parcel. Mr. Holm added that in registration proceedings, generally the executor '. Planning Commission Meeting - June 22 1967 Page 3 4 of title will require that the people in the area be made parties and they be served with a notice of the proceedings, and can make an appearance objecting to the removal of registrations if they want to. Myhra, addressing Mr. Holm, said regarding the letter from the Summit Manor Committee and referring to the last paragraph "but not more than 12 units", I wonder if you cannot arrive at some sort of comprgmise with the; residents. You mentioned double bungalows. Mr. Holm replied that my clients are interested only in multiple, and now double bungalows. I do not think it is practical here. Mr. Charles Root, President of Arvid Carlson & Son, gave the following resume of the area: There were two Outlots, No. 9 and No. 10. Outlot No. 9 is where the eight 11 unit apartments are now. When we put restrictions in the subdivision that they were to be excepted from the covenants, Outlot No. 10 was inadvertently omitted. Subsequently, Evert Carlson came in and requested it be rezoned to residential because of the restrictions in the covenants we put in. Registration proceedings were brought for the purpose of correct- ing that omission about 22 years ago. That registration, limiting Outlot No. 10 to residential use has been removed from the title. Now we are con- fronted with a zoning situation. For some period of time we thought about developing it and building houses but ran into a road block because we could not get FHA or GI financing nor much consideration on the part backed up against the Highway. We can't get financing at all where they abut the Highway. I don't know what residents on 3rd Street are opposing it, but all the lots have been sold directly across the street in my time. I have never said to anyone that there would not be any rezoning. In two or three of the apartment buildings are some tanants that have more than one car. Most parking space is 14. I don't believe there are over three people in one complex that have over one car. Chairman Hughes, referring to the letter received from the Summit Manor Committee, said the second reason (opposing spot rezoning) is not at all valid. We have a situation of apartment usage both North and South and it does not seem to me that it is proper definition of spot rezoning. The sort' of thing we are considering here would not fall into that category, if any- thing, the present zoning of R-1 is spot zoning. Chairman Hughes continued, referring to Item 1 (residents on Third Street were assured the area would not be rezoned), perhaps we are more aware of this than the average citizen. It is. an assurance no one can make. There are a couple of things that occur to me relavent for consideration of this request. 1. It would be desirable to know how many of the present home owners and residents on Third Street acquired their property during the time when this land was previously zoned multiple. 2. How many acquired their homes after the present apartments to the North and South were built. 3. Which of the residents along Third Street were property owners and were served with notice of registration proceedings which lifted this covenant. Member Ylinen asked Mr. Root when the three homes south of the apartment f Planning Commission Meeting - June 22, 1967 Pane 4 building on Horizon Drive were built. Mr. Root answered 1964 and the other two followed that. In answer to the question "When were the apartments built?", Mr. Root said I think the eight 11 units in 1961 and completed within a year; 305 53rd Avenue, a seven unit building,was built about 1958; seven units on. ; Horizon were built in 1960; and the multiple dwelling on Horizon Drive in 1959 or 1960. Chairman Hughes commented that it appears all apartments were constructed before the first home was built. It is likely that the future condition of the highway will be a major inter-city thoroughfare, and points in the direction of this tract being used properly for some type of multiple dwelling. It seems to me that with the direction the neighborhood has taken, multiple units, apartments, it would make sense to continue that type of development rather than changing this type. Mr. Root stated that land costs are prohibitive for double bungalows and Mr. Benson added that building costs considered, the amount of rent you would have to get is $200 a month, and he can't see getting that amount. Member Ylinen stated there are at least three single family homes built within the last three years on Third Street. People go in there and invest their money. Somewhere along the line they must have been told the zoning would be R-1. Mr. Chester Brozak, 5110 Third Street and Mr. Florian Novak, 5130 Third Street entered. Mr. Brozak said if you can't build houses on that land, why are there houses in the neighborhood? When we built, we were told this would always be residential. Chairman Hughes said there is no person that can give any assurance that zoning once set will remain as such. People who own property have the right to request a rezoning and people who live in the neighborhood can object. Public hearings are for the people to give their opinions, but it is up to the Planning Commission and Council to decide yes or no. Mr. Holm said this is not spot rezoning as there are already multiples down the street on the East side. Chairman Hughes asked the members if they wished to continue the item for further consideration or to vote on it this. evening. Member Ylinen said that due to the fact that two members of the Planning• Commission are absent, I am in favor of tabling this matter and also I concur with remarks about getting additional information about the various changes in the zoning in that particular area. It would be helpful before making a decision. MOTION by Ylinen, seconded by Myhra, that the Planning Commission table the continued rezoning request, ZOA #67-042 S & S Investment Co. , of Lots 1-6, Block 1, Carlson's Summit Manor Annex 2nd Addition to rezone from R-1 to R-3A, to the July 13, 1967 meeting and request Darrel Clark, Engineering Assistant, to get the following information: How many of the present home PlanninCommission Meeting - June 22, 1967 Page 5 owners and residents on Third Street acquired their property during the time when this land was previously zoned multiple; how many acquired their homes after the present apartments to the North and South were built; which of the _ residents along Third Street were property owners and were served with notice of registration proceedings which lifted this covenant. Upon a voice vote, all voting aye, the motion carried unanimously. Chairman Hughes said it seems the objection of these people in the neighborhood is that having apartments build in the remaining space would have an adverse effect on their area. The Commission has never really had access to an appraiser. My thinking is that the average person in the loan department could look at the area and say that it is just a matter of time, in his consideration, that the area on the West side of Third Street, would be strong on multiple. It would be well to find out if a loan were indeed impossible to get under the circumstances of this rezoning. It was decided that the members of the Planning Commission would meet with a person familiar with loans on real estate on Tuesday, June 27th, at 6:00 o'clock P.M. 2. CONTINUED: PROPOSED ZONING CODE: Continued from June 8th meeting. The first item to be considered was Section 2. Definitions, Item 26, and the balance of the Section was reviewed. ADJOURNMENT: There being no further business, the meeting was adjourned by Chairman Hughes at 10:55 P.M. Respectfully submitted, Hazel O'Brian Recording Secretary Planning Conunission Meetin& - July 13, 1967 Page 4 Paul Blegen, 280 Ironton: If I had to live in an apartment, I would want to be in an area convenient to shopping centers, etc., and if Mrs. Swanson were to build here, I don't believe she could get a good monthly rent for the type of building people would rent. I am opposed to the rezoning. Mr. Seeger asked if it would be possible to put this request aside. MOTION by Ylinen, seconded by Jensen, that the Planning Commission close the public hearing of the rezoning request, ZOA #63-02, Mrs. Florence Swanson and Bernard Julkowski of the easterly end of Ironton and adjacent to Ashton Street, Auditor's Subdivision 3103. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Jensen, seconded by Ylinen, to amend the above motion and refer the rezoning request, ZOA #63-02, Mrs. Florence Swanson and Bernard Julkowski to rezone from R-1. to R-3A to the Plats & Subdivisions-Streets & Utilities Subcommittee for review, and to refer to the Parks and Recreation Conunission for study, and table until the next meeting of July 27, 1967. Upon a voice vote, all voting aye, the motion carried unanimously. Acting Chairman Erickson said the only thing the Planning Commission can do as far as the road which has not been dedicated, is to ask the City to try to get the dedication. This particular Commission is composed of four new members. We would like to get this problem settled before the year is out. Anyone in the community can ask for a rezoning. I hope you will be patient with us as we have complete opposing views concerning the rezoning. There will be a Parks and Recreation Con-mission meeting on July 24, 1907 and this item will be turned over to them to consider purchasing the property. 2. PUBLIC HEARING: PROPOSED PRELIMINARY PLAT P.S. #67-04, BATTERSON ADDITION, DONALD BATTERSON: All that part of Lot 25, Auditor's Subdivision #23 Revised that lies West of the westerly right of way line of Riverview Terrace. The preliminary plat was examined and discussed. Mr. Batterson wondered if it would be possible to leave the blacktop on the cul de sac which was vacated and lay dirt over the top. Member Jensen thought it would be to the owner's advantage to 'break up the mat before putting fill on it. Mr. Segner, whose property is to' the south of the proposed plat, looked at the map just as a matter of information. MOTION by Jensen, seconded by Ylinen, that the Planning Commission rec.ommerid to Council the approval of the Preliminary Plat, P.S. #67-04, Batterson Addition, Donald Batterson, being all that part of Lot 25, Auditor's Subdivision #23 Revised that lies West of the westerly right of way line of Riverview Terrace. Upon a voice vote, all voting aye, the motion carried unanimously. i 3. CONTINUED REZONING REQUEST: ZOA #67-04, S & S INVESTNIENT CO. REPRESENTED BY WILLIAM SlIA14: Lots 1-6, Carlson's Summit Manor Annex 2nd Addition to be rezoned from R-1 to R-3A. Planning Commission Meeting - July 13, 1967 Page 5 Acting Chairman Erickson asked for the report request at the last meet- ing regarding the home owners and residents on Third Street. Engineering Assistant Clark explained the information sheet showing the owners, legal description of their property and date purchased, the vacant land and apartment buildings. The first change of zoning in that area was Ordinance No. 98 published on July 10, 1958 from C-IS to R-2, and Ordinance No. 231 published April 4, 1963 rezoning from R-2 to R-1. Mr. Charles Root explained that the examiner of titles of Anoka designated the people who were to be served notice of registration and the three gentlemen present, Lyndale Builders who sold to Clemron, Inc. were the only ones who received notices. Mr. Chester Brozak, 5110 3rd Street N.E. : Opposed the rezoning as he built his home here because he expected the neighborhood to remain residential. The petitioners were asked exactly what they were planning to build. As far as the number of buildings, they did not know until they went through the Building Standards-Design Control Subcommittee, but it probably would be a 21-2 story building, total 24 units. Mr. Root said the remaining lots across the street would remain residen- tial. Mr. Brozak said he did not believe people will buy homes for residential across from apartment buildings. MOTION by Ylinen, to close the public hearing, ZOA #67-04, S & S Invest- ment Co., represented by William Shaw of Lots 1-6, Carlson's Summit Manor Annex 2nd Addition to be rezoned from R-1 to R-3A. The motion was out of order inasmuch as the hearing was closed at the Planning Commission meeting of June 8, 1967. Acting Chairman commented that the property on the East side of Third Street between 49th Avenue and 53rd Avenue is all multiple zoning. It seems rather sensible to continue it and finish up multiple. I understand the problem of the people living across the street. The structure need not be unattractive and the Building Standards-Design Control Committee will have to approve it. Member Jensen said he concurred with Acting Chairman Erickson's opinions. MOTION by Jensen, seconded by Ylinen, that the Planning Commission recom- mend approval of the rezoning request, ZOA #67-04, S & S Investment Company represented by William Shaw of Lots 1 thru 6, Carlson's Summit Manor Annex 2nd Addition to be rezoned from R-1 to R-3A to the Council for the reason that a more or less continuous strip of multiple dwellings presently abuts University Avenue in this area from 53rd Avenue to 49th Avenue and that reasonable and proper access to a major thoroughfare is available and that the character of the neighborhood is suitable for multiple dwellings. Seconded by Ylinen. Upon a voice vote, all voting aye, the motion carried unanimously. Member Ylinen concurred with the above remarks. I did not make the motion because of the two homes on 4th and 5th lots, and finally we should Planning Commission Meeting - July 13, 1967 Page 6 realize whatever control we do have and .see that the structure is suitably faced, adequate parking and other special requirements. Acting Chairman Erickson told the audience this will come up to the Council on Monday, July 17th. The Council will make the final decision. All the Planning Commission can do is to recommend. 4. VACATION REQUEST: SAV #67-03, ROBERT MINDER: Vacation of Charles Street between Anna Street and Mississippi River. Mr. Minder was present and an informal discussion took place. The prob- lem of access to Chase Island was discussed. It would be necessary to get parking lot area from the School. It was suggested a report in writing regarding access from the Engineering Department concerning road access to the Island and an agreement with them for parking to be requested. The Vacation Request (SAV #67-03) was continued until July 27, 1967 and the Parks and Recreation Commission should be contacted to give their opinion by July 27th. The Planning Commission suggested advertising. 5. DISCUSSION OF ZONING FOR VETERINARIAN CLINIC: Dr. Leonard Fogelson was present to inquire the status of the zoning for veterinian clinic. The Engineering Assistant reported that he talked with the City Attorney who said he could draft an ordinance so that it could be discussed and have it up for your approval probably at the August meeting and then go to Council in September. Dr. Fogelson said they plan to start building, if the zoning can be resolved, in September. In the spring they will be ready to open their clinic. This item will come up again at the August 10, 1967 meeting. RECEIVE MINUTES OF BOARD OF APPEALS: JULY 5 1967 MOTION by Ylinen, seconded by Jensen, that the Planning Commission receive the minutes of the Board of Appeals meeting of July 5, 1967. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT• MOTION by Jensen, seconded by Ylinen, that the Planning Commission meeting of July 13, 1967 adjourn at 9:30 P.M. Upon a voice vote, all voting aye, the motion carried. Respectfully submitted, Hazel O'Brian Recording Secretary OFFICIAL NOTICE { OFFICIAL NOTICE CIT4V OF FRIDLEY I CITY OF FRIDLEY PUBLIC HEARING PUBLIC HEARING BEFORE THE 1 BEFORE THE CITY COUNCIL I CITY COUNCIL �TO WHOM IT MAY CONCERN: �TO WHOM IT MAY CONCERN: Notice is hereby given brat there' Notice is hereby given.that there i twill be a Public Hearing of the:( will be a Public Hearing of the City Council of the City of Fridley ,City Council of the City of Fridley in the City Hall at 6431 University in the City Hall at 6431 University Avenue N.E. on August 14, 1967 at I Avenue N.E. on August 14, 1967 at 18:00 P.M. in the Council Chamber 18:00 P.M. in the Council Chamber for the purpose of: for the purpose of Consideration of a request by Consideration of a request by & S. Investment Investment Company o. MAWo rezone tne (ZOA following described parcel: following described parcel: j. Lots 1, 2, 3, 4, 5 and 6, Block 1, Lots 1, 2, 3, 4, 5 and 6, Block 1, Carlson's Summit Manor An- Carlson's Summit Manor An- I nex 2nd Addition to rezone nex 2nd Addition to rezone 1 froin R-1 (single family dwell- from R-1 (single family dwell- ings) to R-3 (general multiple ings) to R-3 (general multiple family dwellings) being in the family dwellings) being in the Northwest Quarter (NW'fs) of Northwest Quarter (NW?4) of Section 26, T-30, R-24, City o2 Section 26, T-30, R-24, City of Fridley, County of Anoka, State, Fridley,County of Anoka, State of Minnesota. of Minnesota. Being generally located between Being generally located between f 3rd Street and University Ave- 3rd Street and University Ave- nue and North of 51st Avenue nue and North of 51st Avenue i Northeast. Northeast. Anyone desiring to be heard with Anyone desiring to be heard with reference to the above matter will I reference to the above matter will be heard at this meeting. be heard at this meeting. JACK O. KIRKHAM JACK O. KIRKHAM Mayor Mayor Publish: July 28, 1967 Publish: July 28, 1967 August 4, 1967 August 4, 1967 (Published in the Anoka Union (Published in the Anoka Union &Fridley Free Press &Fridley Free Press + July 28&Aug.4,1967) i July 28&Aug.4, 1967) OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC FEARING 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 August 14, 1967 at 8:00 P.M. in the Council Chamber for the purpose of: Consideration of a request by S. & S. Investment Company (ZOA #67-04) to rezone the following described parcel: Lots 1, 2, 3, 4, 5 and 6, Block 1, Carlson's Summit Manor Annex 2nd Addition to rezone from R-1 (single family dwellings) to R-3 (general multiple family dwellings) being in the Northwest Quarter (NGS) of Section 26, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. Being generally located between 3rd Street and University Avenue and North of 51st Avenue Northeast. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. JACK 0. KIRKHAM MAYOR Publish: July 28, 1967 August 4, 1967 REGULAR COUNCIL MEETING, JUNK 19, 1967 PAGE 9 PLANNING COMMISSION MEETING MINUTES, JUNE So 1967: 1. PUBLIC IIliA_RING, REZONING RE UI'sST, ZOA #67-0.5, LOWRY PEAL TY CO3-11? LOT 8, 2ND REVISED AUDI1.'Oi.' S SUBDIVISION #21. REZONE 4Fi1-V! TO R-2,-• R 3 z AND OPEN SPACE: �_. The .Ci.ty Manager read the motion by the Planning Commission recommending { denial of the rezoning request. MOTION by Councilman Samuelson to concur with the Planning Commission and deny Rezoning Request #67-05 as requested by the Lowry Realty Company. Seconded by Councilman Sheridan. upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 2. PUBLIC HEARING, REZONTNG RE''UEST, ZOA #67-06, WYMAN SMITH REPRESENTING MARIAN HILLS DEVELOPMENT CO. LOTS 1-11., BLOCK 2 AND LOTS 1-6 BLOCK 1, MAP,I.AN HILLS 2ND ADDITION - R.EZONE FROM 71 TO R-3 AND SPECIAL USE PERMIT: The. City Manager read the motion by the Planning Comt-Assion recommending denial of the rezoning request. MOTION by Councilman Harris to concur with the Planning Commission and deny Rezoning Request #67•-06 as requested by the Marian Hills Development Company. �•VVv� Seconded by Councilman Li_eb1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ` MOTION by Councilman Samuelson to receive the remainder of the Planning Commission Minutes of June 8, 1967. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ACCEPT CITY MANAGER'S RESIGNATION: MOTION by Councilman Harris to accept the resignation of the City Manager as per his letter received on January 3, 1967. Seconded by Councilman Samuelson. Councilman Sheridan said he thought the Council knew what his vote would be on the motion. He said he was concerned with the development of the budget for 1968, which should be in the Council's hands no later than 5 weeks from this meeting, and he vD uld move to amend the motion, that the Council ask the present City Manager to stay on and work on the budget until such time as there is a replacement for him or until he has relocated himself in another position, and during this period, he can pull together the budget figures from the different department heads to at least have a rough draft for the Council on its due date. The amendment failed for lack of: a second. UPON a roll call vote, Kirkham, Li_ebl, Harris, Samuelson voting aye; Sheridan nay, Mayor Kirkham declared the motion carried. APPOINTMENT OF TEMPOI:ARY CITY MANAGER: Mayor Kirkham said he would entertain a motion to appoint Mr. . Marvin Brunsell to act as tempory City Manager. MOTION by Councilman Liebl to appoint Mr. Marvin Brunsell as temporary City Manager of the City of Fridley, effective at 5:00 P.M. , June 30, 1967, until a full time City Manager has been hired. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. A ' REGULAR COUNCIL MEETING, JULY 5T1I, 1967 Page 6 or rejected with this statement on it. If you added 3% on his entire bid, he still would be less than the second bidder. However, the 3% would not be on labor costs or material purchased prior to August 1st. Councilman Harris, addressing Mr. Comstock, in regard .to the fact that this is going to be a prevalent situation in all construction, will you police the material costs. Mr. Comstock answered that this will be the only job, as by August lst, it will be settled. Presently it is impos- sible to get a positive answer from the tax department. Mr. Comstock thought the matter of the 3% sales tax could be handled either by change order or supplemental agreement at the time of the award directing what items would be covered and also directing what purchases could be made prior to August lst, if at all possible. Mr. Comstock agreed to police this. Councilman Sheridan entered at 9:15 P.M. MOTION by Councilman Harris that the awarding of the bid for Storm Sewer Improvement Project #87 be tabled until July 10th. Seconded by Council- man Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PETITION FOR FENCE ALONG TaUNK HIGWAY #47: Councilman Liebl, on behalf of the petitioners for a fence on Highway #47 between 49th and 53rd Avenues, presented the petition to the Council and asked if a resolution could be drawn immediately and send it along with the proposed 51st Street footbridge. They felt it is definitely a traffic hazard to the homeowners and the people living in the apartments. MOTION by Councilman Harris that the Council receive the petition• for a fence along T.H. #47 between 49th and 53rd .Avenues. Councilman Harris said I think this is not the only area on Highway #47 that could and should have a fence, and a request to the Engineering Department was made to come up with a fence recommendation for the balance of the area that should be included. Also, to come up with a Resolution regarding the fence. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Samuelson said that he was meeting with the Highway Department regarding a bridge for the Columbia Heights School and it is included in the Barton Contract. PLANNING COMMISSION MINUTES - JUNE 22, 1967 : Councilman Liebl asked to consider for a moment the rezoning request (ZOA 167-04) by thog S Investment Company concerning Lots 1 through 6, Block 1, Carlson's Summit Manor Annex, 2nd Addition, to be rezoned from R-1 to R-3A. This concerns Third Street, too. He was opposed to a 24- unit apartment building because it would be a terrific hazard and there are no parking facilities, but if they were meaning to put up a si_> unit, one story apartment building, it was his feeling the people would not object to this. They will come to the Council with a petition, as they feel there is so much traffic on Third Street now, and with the new street, it could not stand any more. , ~ REGULAR COUNCIL MEETING, JULY 5, 1967 Page 7 MOTION by Councilman Samuelson to receive the Minutes of the Planning Commission Meeting of June 22, 1967. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. BOARD OF APPEALS MEETING, JUNE 21, 1967 : MOTION by Councilman Liebl that the Council receive the Minutes of the Board of Appeals Meeting of June 21, 1967. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. BOARD OF APPEALS MEETING, JUNE 28, 1967: 1. THE CONTINUED PUBLIC HEARING ON A REQUEST FOR A VARIANCE FROM SECTION 45.24, CITY CODE OF FRIDLEY, MINNESOTA 1963, REVISED DECEMBER 31, 1964 BY WAIVER OF SIDE YARD REQUIREMENT FROM 172 FEET TO 10 FEET ON CORNER SIDE OF LOT 17, BLOCK 2, SYLVAN HILLS, ANOKA COUNTY, MT_T,NESOTA, SAME BEING 6101 RAINBOW DRIVE NORTHEAST, FRIDLEY, MINNESOTA, TO PERMIT CONSTRUCTION OF_A DETACHED GARAGE. REQUEST BY ALBERT F. MARSNIK, 6101 RAINBOW DRIVE NORTHEAST, FRIDLEY. MINNESOTA: MOTION by Councilman Harris to concur with the Board of. Appeals and grant. the variance by waiver of side yard requirement from 172 feet to 10 feet on -the corner side of Lot 17, Block 2, .Sylvan Hills, Anoka County (6101 Rainbow Drive N. E.) to permit construction of a, detached garage to Albert F. Marsnik. Seconded by Councilman Liebl. Upon a voice vote, all. voting aye, except Councilmen Samuelson and Sheridan voting nay, Mayor Kirkham declared the motion carried. 2. PUBLIC HEARING ON A REQUEST FOR A VARIANCE FROM SECTION 45.26, CITY CODE OF FRIDLEY, MINNESOTA 1963, REVISED DECEMBER 31, 1964, BY WAIVER OF FRONT YARD SETBACK REQUIREMENT OF 35 FEET TO 28 FEET TO PERMIT CONSTRUCTION OF AN ATTACHED GARAGE WITH LIVING AREA ABOVE ON LOT 10, BLOCK 6, RICE CREEK TERRACE, PLAT 4, ANOKA COUNTY, MINNESOTA, SA*IE BEING 6777 - 7TH .STREET NORTHEAST, FRIDLEY, MINNESOTA. (REQUEST BY GERALD G. INGALDSON, 6777 - 7TH STREET NORTHEAST, FRIDLEY, MINNESOTA) : It was noted that Mr. Ingaldson was not present. MOTION by Councilman Samuelson that the Council concur with the Board of Appeals and grant the waiver of the front yard setback requirement of 35 feet to 28 feet to permit construction of an attached garage with living area above on Lot 10, Block 6, Rice Creek Terrace, Plat 4, Anoka County, (6777 - 7th St. N. E.) to Gerald G. Ingaldson. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION .by Councilman Sheridan that the Council receive the balance of the Minutes of the Board of. Appeals Meeting of June 28, 1967 inasmuch as no action is necessary. Seconded by Councilman. Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING, JULY :17, 1967 Page 12 r and the Council has been very stringent on this and would be remiss if they did not require sufficient storage. He said the City has found that when they did not have this type of ordinance in the code, they received a number of complaints about the lack of storage. MOTION by Councilman Harris that additional information necessary to make a determination on these items be available for a meeting on July 24, 1967. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. The Council requested. that Mr. Filister leave his plans. Later in the meeting, Mr. Filister invited the Council to visit his apart- ment buildings in Golden Valley. The Acting City Manager was to inform him when the majority of the Council would be able to get together to view them. 5. CONSIDERATION OF ALTERATIONS AND ADDITIONS FOR THE SERVICE STATION AT 6301 T. H. #65 NORTHEAST, FRIDLEY, MINNESOTA. LOT 9 AND PART OF LOT 10, BLOCK 1, MOORE LAKE HIGHLANDS, 3RD ADDITION. REQUEST BY RICHARD W. STEINER, 1589 ROSELAWN, ST, PAUL, MINNESOTA: The Acting City Manager said that the alterations and additions they propose are similar to the improvements to the Texaco Station on University Avenue. He said there is a fence on the east side put up by the neighboring residents. Councilman Samuelson questioned requesting site preparation. The Council discussed a possible planting strip and decided they would like an opportunity to look at this property. MOTION by Councilman Samuelson to table consideration of alterations for the service station until the Special Meeting of July 24, 1967. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PLANNING COMMISSION MEETING MINUTES, JULY 111_1967: 1. CONTINUED REZONING REQUEST: YP67-04 S & S INVESTMNT COMPANY REPRESENTED BY WILLIAM SHAW; Lots 1-6, Car son s Summit Manor Annex 2nd Addition to be rezoned from R-l 'to R-3A. Councilman Liebl said he would like to see this property on a tax-income base and at present they are empty lots that the City is trying to clean up to .improve the image of the City. He said that the people have indicated they are opposed to a 24-unit apartment building, but would favor 6-unit apartment buildings, and three could be built with sufficient parking spaces. Councilman Liebl said he would recommend that a compromise be worked out between the people in the area and the builders. Councilman Liebl asked Councilman-at-large Harris and Mayor Kirkham their opinions. on this matter. Councilman Harris said that Mr. Shaw had requested a Public Hearing be set and this was his prerogative. MOTION by Councilman Harris to set a public hearing on rezoning request ZOA #67-04 as requested by S & S Investment Company, represented by William Shaw, for August 14, 1967. Seconded by Councilman Samuelson. Upon a voice vote, Councilman Liebl abstaining, Mayor Kirkham declared the motion carried. Mr. Jack Velin, a visitor to the Council Meeting, said he did not like to see this item postponed. Councilman Harris said that it was Mr. Shaw's determination to ask for the Public Hearing and he was willing to spend R]?GULAR COUNCIL NEETI.NG, JULY 17, 1967 Page 13 the money for the hearing, and the Council could not deny this. Mayor Kirkham said that he was 'inclined to agree with Councilman Liebl from the knowledge that he had so far. i 2. VACATION REQUEST: SAV #67-03, ROBERT MINDER - VACATION OF CHARLES STREET BETIffiEN ANNA STREE4T AND MISSISSIPPI RIVER: Councilman Harris said that this request should be studied along with the proposed street pattern off East River Road, which had been discussed earlier in the meeting. The Acting City Manager asked if a Public Hearing should be set. . The Council said that it should not be set yet. MOTION by Councilman Samuelson to receive the Minutes of the Planning Commission Meeting of July 13, 1967. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. SIGN PERMIT - VERN DONNAY HOMES: It was explained that this permit was for a sign to replace one blown down in a wind storm. Mayor Kirkham asked if the sign had been totally destroyed. Councilman Samuelson said it had been. Mayor Kirkham said that in that case, it is a new sign and must meet the sign ordinance. Councilman Harris said he had discussed this with them and originally the sign had been 16 x 40, but now it will be 14` off the ground and not over 400' . MOTION by Councilman Harris to approve the sign permit as requested by Vern Donnay Homes. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION #133-1967 - PROVIDING FOR RESETTING SALE OF $1,830,000 SPECIAL ASSESSMENT FUND BONDS: MOTION by Councilman Samuelson to adopt Resolution #133-1967. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Harris requested that the Finance Director forward any correspondence the City has regarding the building permit for D.W. Onan to Ehlers and Associates, Inc. for their presentation so the bond people will know that D. W. Onan has made a committment. CHANGE ORDER #1 - SS#87 - ELY STREET AREA: MOTION by Councilman. Liebl to concur with the recommendation of the Consulting Engineer and approve Change Order NF1 - SSYr87. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CHANGE ORDER #3 - Sly'&SS#79 - ADDITION OF STORM SEWER ON 64-1, AVENUE NOR'T'HEAST: MOTION by Councilman Harris to concur and approve Change Order #3 - SW&SS#79. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 4% PAGE 26 THE MINUTES OF THE SPECIAL PUBLIC HEARING MEETING OF AUGUST 14, 1967 The Special Public Hearing Meeting of the City Council of the City of Fridley was called to order by Mayor Kirkham at 8:06 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham asked the audience to stand and join in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Kirkham, Liebl, Samuelson_, Harris (Arrived at 8:10 P.M.) MEMBERS ABSENT: Sheridan •ADOPTION OF AGENDA: MOTION by Councilman Samuelson to adopt the Agenda as presented. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. i PUBLIC HEARING ON REZOl3ING - LOTS 1 - 6, BLOCK CARLSON'S SUMMIT MANOR ANNEX 2ND ADl)TTION: QUEST BY S & S INVESTMENT COMPANY) The Acting City Manager read the Notice of Hearing. The City Engineer explained that this area was north•of Horizon Drive at 3rd Street Northeast. He pointed the area out on an aerial. map. The City Engineer said that there have been meetings held before the Planning Commission and the people are aware of the request. He handed out the minutes of the last Planning Commis- sion Meeting and pointed out that the Planning Commission had approved the rezoning, (COUNC ILMIAN HARRIS ARRIVED AT 8:10 P.M.) Mr. Wilbur J. Holm, Attorney for the S&S Investment Company, was present at the Council Meeting and explained that the S&S Investment Company has entered into a purchase agreement with Arvid E. Carlson & Sons, Inc. to purchase these six lots if they can be rezoned from R-1 to R-3. He said that they are under no obligation to buy the lots if they are not rezoned. He said that there would be some advantages to this area in that the apartment building they propose would act as a buffer between the residents and T.H. #47, would increase the tax base, and if the rezoning is granted, the vacant lots will be used. If it is not granted the lots may never be used as financing is very hard to get for these residential lots. He said that they will build only 1 bedroom apartments. Mr. Holm said that presently there are apartments on both sides of the street from 49th to 53rd Avenue so this wili not be spot zoning, but will be making the lots consistent with what already exists. He said that Chairman Erickson of the Planning Commission is also on the Building Standards - Design .Control Sub-Committee who controls the type of building put up, and Mr. Erickson has indicated that he will watch this very carefully. f SPECIAL COUNCIL KEETING, AUGUST 14, 1967 PAGE 27 Mr. Jack Velin, 5105 Horizon Drive Northeast, said this was the fourth meeting he had attended on this rezoning. He said that he was sorry Mr. Shaw of S & S Investments was not present as he had been the one w that sold the property owners present at the Council fleeting their lots, and everyone had asked about the possibility of apartments being built, but they had been assured by Mr. Shaw that they would not be built in this area. He said that if he had known this would be rezoned he would not have bought his lot. He said he could have gotten the lot next door to an apartment house cheaper if he had wanted to. Mr. Velin said that the people are opposed to a 3 story apartment building. He said that they would have been agreeable with double bungalows if Mr. Shaw was stuck with the property, but Mr. Shaw has not been truthful with the people about owning the property. Mayor Kirkham asked how many people at the Council Meeting were opposed to this rezor:ing. Five people raised their hands. Mr. Florin Novak, 5130-3rd Street Northeast_, said that his $25,000 home would be worth about $15,000 if the apartment goes up across the street from him, and he will still have to pay the same taxes. He said that he had checked that this was zoned residential before he bought his lot. Mr. C. W. Root, 3200 France Avenue South, representing Arvid E. Carlson & Sons, Inc. , said that it was he and not Mr. Shaw that had sold there lots to Clemron and to Lyndal.e Builders who had built homes on them, and he had made no promise that the lots would not be used for some other purpose. Mr. Root said that originally there were two outlots in Summit Manor North Addition, Outlot 9 and Outlot 10 and both were zoned commercial, although he and Mr. Carlson were soon convinced they should be mutliple. He said that when Summit Manor North was platted, Outlot 10 was not included in the use restrictions that are filed on anything they develop, and so multiples were not allowed. He said that they requested it changed from commercial to .residential as they thought houses could be built on it. Mr. Root said that proceedings in court corrected the Outlot 10 omission and the restric- tions limiting Outlot 10 to residential were removed. He said the lots are lying vacant because no one can get FHA or GI financing where the lots abut the highway and he would like to see the land zoned as originally intended which was multiple zoning. Mrs. Bjugan, 5097 Topper Lane, asked how the property below 49th Avenue had gotten financing. Mr. Root said that there had not been such strict regu- lations on GI and FHA financing in earlier .years, and there has been some 2 lots abutting the highway in this area, that the Minnesota Highway Department had just taken in the last two years. Mr. Chester Brozak, 5110-3rd Street Northeast, said there had been 5 new houses along University Avenue since he had moved there and they had gotten financing. He said that if apartments are put up, people will never build on the empty lots and they will end up being rezoned for more apartments. He said that the traffic is very dangerous already for children and there will be more cars if it is rezoned. He said a lot of the people have two cars and the Police have to get the cars out of the way so the streets can be plowed in the winter. Mr. Root said that it was not true that there were two cars for every apartment. lie said that there were only 3 families out of the 8 11-unit buildings that have two cars, there is adequate parking, PAGE 28 SPECIAL COUNCIL MEETING, AUGUST 14, 1.967 X , and it has been his personal experience that the police do a good job patrolling this area. Mr. Root said that almost all the land from 49th Avenue north had initially been built by them until after the tornado, and even then people had trouble getting financing. He said the new homes may have gotten conventional mortgages. Mr. Holm said that 40 parking spaces will be provided for the 24 or 25 unit apartment so cars will not be parking on the street. He said that S & S Investment owns the apartments at 5475 and 5495 Main Street which are an example of the excellent care and maintenance they recaive. Mr. Velin said the people could probably agree with a one story apartment building, but if they are proposing a 2z story flat-top apartment, they would definitely be opposed. Mayor Kirkham asked Mr. Holm to describe the size of building they were prt7posing. Mr. Holm said that he was not able to tell the Council this, as they are not spending any money until they know if the rezoning goes through. He said that they would work with the Building Standards Design Control Sub-Committee on the design, and it will. be either one or two buildings with a total of 24 or 25 units, with 40 parking spaces. He said he did not know the height. Councilman Liebl said that as Councilman of the 3rd Ward and representative of this area, he has studied the proposal thoroughly. He said he has considered the property owner requesting the rezoning and he has talked to the people that live in this area. Councilman Liebl said his personal opinion was that this property should be put on an income basis, but he is also interested in the people that live there and also the traffic that would be caused by two 25-unit apartment buildings, which would overload 3rd Street. He said he would oippose two or three 25-•unit apartment buildings but he would concur with three 6-unit apartment buildings. He said that these would blend in with the other lots. Councilman Liebl said that if the land is rezoned to R-3, the City will have no jurisdiction in telling the builder what he can build. Councilman Samuelson said that the City could control the number of units. Mr. Holm said there will only be 1 or 2 buildings, and the total units will not be in excess of 25. Mr. Holm said that if three 6-unit buildings or double bungalows were required, there would be no deal, as his client wa , interested only in multiples. Council- man Harris asked if the apartments to the north and south were in before the present property owners built. Mr. Velin said that they were, but the people had asked and been told they would not come down any further. Mrs. Bjugan said that when they bought on Poplar Lane in 1966 from Mr. Carlson, they understood that Horizon Drive was as far as they were going to go with apartments on 3rd Street . She said that the builder cannot decide what he is going to.build, the felt he should make a decision and then come to the Council Meeting with his plans. Mr. Root said that Lots 9 and 10 were already zoned multiple when Mrs. Bjugan bought so she should have no interest in this,' but the people in Summit Manor North would have an interest. Councilman Liebl said that 53rd Avenue eventually will have traffic from the Target store and will be very busy, but he would like to see the land developed on an income basis and thinks that the City could afford 18 units (three 6-unit apartment buildings) that would blend in with the area. He advised the Council that 'if the City does not have a proposal from the builder that is acceptable to the people, he would have to vote against it. SPECIAh COUNCIL MEETING, AUGUST 14, 1967 PAGE 29 Mr. Root said that by closing Horizon Drive, the Minnesota Highway r<a Department has doubled the traffic on 3rd Street and it cannot all be attributed to the apartment buildings . Mayor Kirkham asked the Council if they felt they had heard all the evidence on both sides. They agreed to close the hearing. MOTION by CouncilmaniHarris to close the Public. Hearing on rezoning Lots 1 - 6, Block 1, Carlson's Summit Manor Annex 2nd Addition. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the hearing closed at 8:48 P.M. Mayor Kirkham explained to the people that it was the Council's policy to table their decision until a subsequent meeting to weigh the facts and • evidence, and that this will. be brought back for action at a future Council Meeting. ICouncilman Liebl said he would like to state that if the Council gives S&S Investment Company the rezoning from R-1 to R-3, they will have no control whatsoever, and they can put up any building they want. He asked Mr. Root why they feel that 3 6-unit or 3 7-unit buildings would not be feasible. Mr. Root said that it has been their experience that 7-unit buildings, such as they have at 53rd and Horizon Drive, were not economically sound. He said the land costs and assessments were too high. Councilman Liebl asked Mr. Root if lie lived where these people lived, if he would be in favor of the rezoning. Mr. Root said that he would want to be accurate 1 about it, and that he had never promised at any time that this would not be rezoned. He said that he would like a nice apartment rather than shacks across the street, which could be .,the case if they cannot get financing. PUBLIC HEARING ON 1967 SERVICE CONNECTIONS: The Acting City Manager read the Notice of Hearing. The Acting City Manager said that these were not laterals in the normal sense of the word, but were for property that has not paid a proportionate share of the water and sewer connection charges as provided for in the City Ordinances. He explained that the ordinance requires these charges to be paid in cash or by assessment, and in most cases the City has signed agreements from the property owners, but there are a few who have not signed agreements. He said that in some cases the services have been used for some years, and the City is just picking them up. Mayor Kirkham said that the Council has rece.ived a written objection from Mr. Floyd J. Ordemann representing Mr, and Mrs. Clem Coverston. MOTION by Councilman Harris to receive the communication from F. J. Ordemann, dated August 12, 1967, regarding the south 90 feet of Lot 17, Cloverleaf Drive Northeast. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mr. Ordemann addressed the Council on behalf of Mr. and Mrs. Coverston and explained that they had purchased the property under ah agreement that the seller would pay all assessments. He said they had discovered the service charge before the closing and had agreed to split the charges. He PF"P REGULAR COUNCIL MEETING, AUGUST 21, 1967 PAGE 5 suggested there may be the possibility of riegotiating with someone for it, now that it has been advertised. The City Attorney said that this .would be all right if the City could find someone who was intere:sted in it. MOTION by Councilman Samuelson to instruct the Administration to make an attempt at negotiation for the Bennett Building. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. FIRST READING OF ORDINANCE VACATING 572 AVENUE The City Manager read the ordinance. Councilman Liebl asked if the corner that had been discussed at the last Regular Council. Meeting.had been included in the description. The City Engineer said that it was included. The City Engineer said that Mr. Joseph Zizak, 5791 - 22 Street Northeast, requested that this street be vacated. He said that Mr. Zizak has two lots, but they are not both buildable lots, and if he can get this addi- tional footage he will have two buildable lots. The City Engineer said that 21-2 Street ends in a low area and there is no storm sewer at this time, so this area is acting as a drainage sump. The City Engineer suggested the Council let Mr. Zizak buy the property at a nominal price, make an alley, and retain a full easement for drainage and utility. Councilman Samuelson said he did not think a full utility easement would be necessary, as they could take the standard utility easement and require a drainage plan from the developer of the two lots. The City Engineer pointed out that there is no storm sewer to drain the area into, and the water would then be on private property. The City Attorney said he would feel that the question of .what happened to the property after it was vacated would be between the two property owners, and the City should not get involved in this. The Council discussed changing the wording of the ordinance to retain a,full utility easement and then a portion could be vacated when a storm sewer is put in. The wording of the ordinance was changed so that after the legal descripton of the vacation it reads; "be and is .hereby vacated, excepted that the City of Fridley retain the easement from drainage and utility purposes." MOTION by Councilman Samuelson toadoptthe ordinance vaca.ting .57z Avenue as corrected upon first reading. Seconded by Councilman Sheridan. Upon a ��Lfoll call. vote, 'Kirkham, Liebl, Samuelson, Sheridan voting aye, Mayor Kirkham . �d declared the motion carried. ORDINANCE - REZONING OF LOTS 1-6, BLOCK 1, CARLSON'S_SUMMIT MANOR ANNEX 2ND_ ADDITION, (REQUEST BY S & S INVESTMENT CO,IPANY) : Mayor Kirkham asked if this company had come back with any proposal on the type of building they planned on building. The City Engineer said that there is no provision to require then to do this when rezoning property. He said that even if they came in with plans this would be no guarantee once it was. rezoned. Councilman Sheridan questioned the. possibility of going to a Special Use Permit. The City Engineer said that there was no Special Use Permit to give under this zoniy!g classification. Councilman Liebl said that he was not opposed to three six-unit apartments, but was opposed to a 25-unit apartment, and once it was rezoned the 'City would have no control.. r � REGULAR COUNCIL MEETING, AUGUST 21, 1967 PAGE 6 J s MOTION by Councilman Samuelson to table this rezoning ordinance. Seconded by r-a Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. } FIRST READING OF FOOD ORDINANCE: The City Attorney said that he and the Health Inspector have worked out the details of this ordinance, but it has not been retyped. He said that the Council could pass the ordinance at first reading and he would submit the amended version with the corrections and additions for the second reading, or they could table it until the next meeting. Councilman Samuelson asked the Health Inspector if he had gone over the ordinance. Mr. Hensely said that he had, and that it was an excellent ordinance now. Councilman Liebl asked Mr. Hensley if the ordinance included lavatoYy facilities for the public or if it just covered employees. Mr. Hensley said that it has been corrected - to include public facilities. MOTION by Councilman Samuelson to adopt the Food Ordinance upon first reading, waiving the reading. Seconded by Councilman Liebl. Upon a roll call vote, Kirkham, Liebl, Samuelson and Shetidan voting aye, Mayor Kirkham declared the motion carried. EVERETT COLLINS - RE: FENCE & 'TRAILER PERMIT: The Acting .City Manager said that Mr. Collins has the property at '37th and East River Road, and when he applied for a trailer permit he was turned -down until something was done about an old fence. He had asked to be on the agenda to discuss this with the Council, but had since agreed to go with the Building Inspector and try to reach an agreement on what could be done, so there would be no Council action necessary on this item. Councilman Sheridan said that this property belongs to the NSSSD, and their attorney has advised Mr. Collins that he must get along with the City. MOTION by Councilman Samuelson to table the trailer permit for Mr. Everett Collins. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CONSIDERATION OF A REGISTERED LAND SURVEY - RE: BERRY - OSTMAN'S THIRD ADDITION: The City Engineer explained that these are two lots that Mr. Berry is trying to split by a registered land survey rather than platting them. He asked the City Attorney to comment on whether this can be done. The City Attorney said that he had checked the code and the State Statutes, and there is no specific requirement that a Public Hearing be held, but before it can be approved by the County, it must be approved by the City. He said that if the Council felt a Public Hearing would be beneficial, it was his feeling that this would be reasonable, or the Council could approve it without a Public Hearing. Councilman Sheridan asked if Mr. Berry was making three lots out oftwo. The City Engineer answered that he was. Councilman Liebl asked if he had enough land to do this. The City Engineer said that he did. Mr. John Petersen from C. E. Coultor & Associates and Mr. Berry were present at the Council Meeting. Mr. Berry presented- the Council with letters from the abutting property owners stating that they had no objections. REGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 PAGE 9 The City Attorney said he could check the tract index. Mayor Kirkham said that the City Attorney could check this out and report back to the Council at the next regular Council Meeting of October 2, 1967. t fV Y FIRST READING OF AN ORDINANCE REZONING LOTS 1 - 6, BLOCK 1, CARLSON'S SUMMIT V�► ' MANOR ANNEX 2ND ADDITION: The City Engineer showed the Council the model of the planned apartment building and the plans. Mr. Wilbur J. Holm, Attorney for S&S Investment Company explained the size of the 25 units, and the location on the 6 lots. Mr. Jack Velin, 5105 Horizon Drive, said that before they had discussed the possibility of having two 12-unit buildings. Mr. Holm said that there had been the possibility, but that now this present model complies with the ordinance. Mr. Velin said they were willing to go along with the rezoning, but that they were opposed to this type of building. Councilman Liebl said there was no question that the requirements are met, but they will still overload the street. There was a discussion of traffic flow in the area. Councilman Harris said he could see why they objected to the long building, but he could not see objecting on the basis of traffic, as the street has been assessed and they are entitled to use it. He said he would like to see an agreement to resolve this problem. A 'visitor asked why building double bungalows would not be possible . Mr. Holm said they were not economically feasible. Mayor Kirkham said that double bungalows may have been feasible 10 years ago, but times change . There was a long discussion on how an apartment building would effect the property across the street, and whether the empty lots there would sell. The possibility of a park was mentioned. Councilman Harris said that every time an apartment is put in, it increases -the people and decreases the park area. Mr. C. W. Root, representing Arvid E. Carlson & Sons, Inc. said he would have to think about a park. The City Attorney suggested the possibility of putting the three lots across the street in a package sale to S & S Investment Company if it could be approved by the Court. Councilman Liebl asked Mr. Holm if they would be willing to build double bungalows on these three lots. Mr. Holm said they would if they were able to build the 25-unit apartment house where proposed. Mr. Root asked if the City would pay for the Special Assessments on the three lots as park land. He said they were pretty high, but he did not know the figure . Councilman Harris asked the value of the lots. It was estimated they would cost about $3400 each with approximately $700 worth of assessments in addition. Mayor.Kirkham said he would be willing to agree to the 25-unit building, if there are double bungalows on the three lots. Councilman Harris said he thought the park concept was the best. The Council laid this item over until later as there were many people waiting to be heard. The people were told they could come back later to discuss this if they wanted to wait. This is continued later in the minutes. BIDS - SHRUBS, CIVIC CENTER (OPENED NOON, SEPTEMBER 18, 1.967) : The City Manager drew the Council's attention to the memorandum from the City Engineer, and said that the bids had not been opened. Mayor Kirkham said that it seemed the nurseries are pressuring the City to pay $400 to $500 for a landscape architect, and he felt they were involved in professional jealousy. f . REGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 PAGE 14 of the building, and said he had not changed .the building interior. Councilman Liebl asked if he had changed the width or length, or the amount a of brick exterior. Mr. Filister said that the foundation and footings would be the same, and he said there would be a better percentage of brick than the original 50/70%. He said he would like to have a carriage house design on the garages to go along with this design. He presented the Council with a detailed dimensional drawing which the Building Inspector had requested. There was a discussion of roads and traffic. The City Engineer said that a road will have to go through somewhere. Mayor Kirkham said that the .City tries to limit access to East River Road and stacking room is needed. Mr. Filister said that somehow or other they will come out on the service road, but he was not sure at present how it would be done. He said that at present he was asking for approval of the entire layout. Councilman. Harris said that the garages could be approved when the Council sees the plans, as they have to go to the Building Standards-Design Control Sub- committee, but this will not hold him up from starting on the other buildings. The City Engineer named the other plans Mr. Filister must submit. Mr. Filister said that it would take him about 3 weeks to get the drainage plan, and he asked that the Council give him more than a foundation permit. MOTION by Councilman Harris to issue .a Foundation Permit to Mr. Maurice Filister for an apartment complex, to be followed by the complete Building Permit upon his submitting a plot plan, drainage plan, landscaping plan, electrical and mechanical plans. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PLANNING COMMISSION MEETING, SEPTEMBER 7,- 1967: 1. PUBLIC BEARING - REZONING REQUEST ZOA #67-09, FEDERAI. LUMBER COMPANY BY SAM ROSENBAUM TREASURER: LOTS 5 THRU 8, LOTS 25 AND 26, BLOCK 2, COMMERCE PARK ADDITION. REZONE TO CR-2 OR M-1: The City Manager said that the Federal Lumber Company had requested a public hearing before the Council. The date of November 13, 1967'was agreed upon. MOTION by Councilman Harris to set the date of November 13, 1967 for a Public Hearing as requested by the Federal Lumber Company. Seconded by � (� Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham ! ` 1 declared the motion carried. CONTINUED DISCUSSION - FIRST READING OF ORDINANCE REZONING LOTS 1 -� 6, N ✓ BLOCK 1, CARLSON`S SUI fIT MANOR ANNEX 2ND ADDITION: i Mr. Wilbur Holm, Attorney for S & S Investment Company, said they would be willing to buy the property discussed across the street from the proposed rezoning, if they could build the planned 25-unit apartment building. He said that Mr. Root would promise to put in the contract for deed that the property was restricted to no more than double bungalows. Mr. Holm said that Mr. Root is willing to let the three lots go to the City for $10,000, but as far as S & S Investment Company was concerned, this was their proposal, and the people would not have to worry about another apartment building being built across the street on these three lots. He said the K * REGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 PAGE 15 41 purchase agreement would require the proper zoning. Mr. Root said he would restrict the lots for 15 or 20 years, and nothing larger than double bungalows could be built there whether S & S Investment bought them or someone else. Mayor Kirkham said he would like to see the development, because the next time someone wanted to develop it, it may take a 4 or 5 story apartment to make it feasible, and he recommended the Council accept the proposal. Mr. Root said that Arvid E'. Carlson & Sons, Inc. will enter into a Contract for Deed, with restrictions on the 3 lots, but no restrictions on the 6 originally discussed lots. The City Attorney asked who would have the authority to enforce the restrictions. Would they be done as protective covenants, because the City cannot enforce protective covenants. Mr. Root said it could be put in the deed. He said that they will only be asking for the ,rezoning of the 6 lots, not the other three. The City Attorney said that even if the deed is restrictive, it would still have to come before the Council again. MOTION by Councilman Harris to adopt the ordinance upon first reading, with the provision that the lots across the street have a restrictive deed so that nothing more than R-2 zoning .will be used for a period of 20 years. Councilman Sheridan said he had told the people he had talked to that he did not think the Council would act on this tonight, so he could not vote. jt He said he was not against the proposal, but had told the people they would be contacted. Councilman Liebl said he felt the people were owed an explanation of this discussion, although they had been told it would be taken up again if the people wanted to wait until later in the Council Meeting. Mr. Root said he would draw up the restrictive deed and show it to the City Attorney. The Council decided that this item should be back on the agenda of the Regular Council Meeting of October 2, 1967. PLANNING COMMISSION MEETING MINUTES, SEPTEMBER 14, 1967: 1. PUBLIC HEARING: REZONING REQUEST (ZOA #67-08) DALBERG REALTY FOR THOMAS BRICKNER: PART OF LOT 6, REVISED AUDITOR'S SUBDIVISION #10 - REZONING FROM R-2 (LIMITED MULTIPLE FAMILY DWELLINGS) TO R-3A (LIMITED MULTIPLE DWELLINGS) : MOTION by Councilman Liebl to concur with the Planning Commission's recommendation that the rezoning request be denied. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. BUS ROUTE: Mayor Kirkham suggested that this item be tabled. MOTION by Councilman Sheridan to table discussion of the bus route. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING OF OCTOBER ,2, 1967 PAGE 11 Y mSeconded by Councilman Sheridan. Upon a voice vote, there being no 4 nays, Mayor Kirkham declared the motion carried.. J� 4 d �3 FIRST READING OF ORDINANCE REZONING LOTS 11,1 CARLSON'S SUMMIT MANOR ANNEX: The City Attorney said he had received a draft of the proposed declarations of restrictions and protective covenants applying to Lots 1, 2, _3, Block 2, Carlson's Summit Manor Annex, 2nd Addition. He said the intent of the declaration is to limit the use of these lots by means of protective covenants to R-1 or double bungalow sites. He said the draft is presented by Arvid E. Carlson and Sons, Inc. , by its officers, and lie has examined it and found the covenants do what they propose to do and are proper. Mr. Root, representing Arvid E. Carlson & Sons, Inc. , had a petition executed by the proper officers of Arvid E. Carlson, Inc. , and the S & S Investment Company, but lie did not want to put the restrictions on the property if the petition is only in behalf of S & S Investment Company in case they did not fulfill their obligations. He said he did not want this limited to the 25-unit building proposal submitted by S & S Investment. He said his understanding was that the building permit is not part of the rezoning. Councilman Liebl asked the City Attorney to explain this matter and what the covenants say. The City Attorney explained that the protective covenants are limitations filed on the permissable use of property and act as a legal limit on the owner and future owners of the use made of the property. He said that tine discussed property will be limited to R-1 zoning or double bungalows, and will remain on the property, and cannot be changed except by court action or after every lot owner in Block 2 of Carlson's Summit Manor Annex, 2nd Addition have agreed or been notified and given an opportunity to appear and be heard. Mr. Carl .Paulson, a visitor to the Council Meeting, asked why the City was involved in an agreement between two private parties , Mayor Kirkham said that the Council was making an honest effort to bring two parties together in the best interest of the City. The City Attorney explained that this is being offered as an additional safeguard to assure the property owners in the neighborhood that another multiple building will not be built. Mr. Jack Velin, a visitor to the Council Meeting, said he felt they would come back in a year and ask for a rezoning. Mayor Kirkham explained that the covenants will not allow this. Mr. Velin asked if the property owners had any other recourse to tine apartment building. He said the same person who sold them their lots wants to develop the apartment building, after assuring the people apartment buildings would riot be built there, but the people had nothing in writing. Councilman Liebl. said lie had fought hard to give the property owners assurance and he felt this document would do this. Mrs. Truenfels said that the developer had acted in bad faith if he had sold the lots and then asked for the rezoning, and she felt the # Council should back up the homeowners in the area. Mr. Root said he had never made sucli a promise and he was the one who had signed the deeds. Councilman Samu lson said he felt the apartment unit was an asset to Fridley' s overall tax base and it, lends itself to tine area as it is developed. MOTTONT by Councilman Samuelson to adopt an ordinance to amend the City REGULAR COUNCIL MEETING OF OCTOBER 2, 1.967 PAGE 12. Code of the City of Fridley, Minnesota t"y making a change in zoning districts upon first reading, waiving the reading rezoning Lots 1, 2, 3, 4, S and 6, Block 1, Car-lson's Summit Manor.Annex, 2nd Addition R--3A. Councilman Liebl said that this property was in his Ward and he knows both sides of the story. He said he is sworn to do what he feels is right for the people of Fridley, and he honestly feels he should vote yes. Councilman Sheridan said he would like the people to know that late at the last regular Council Meeting this item had come up again and it was discussed more thoroughly. He said the Council had been about to act-on the rezoning at that time, but he made the comment that he had told the people it would be laid over until this meeting, and the Council had acted accordingly. The vote upon the motion to adopt the ordinance upon first reading was a roll call vote. Kirkham, Liebl, Harris, Samuelson, Sheridan voting aye; no one voting nay, Mayor Kirkham declared the motion carried. MOTION by Councilman Samuelson to receive the signed protective covenants regarding Lots 1, 2, 3, Block 2, Carlson's Summit Manor Annex, 2nd Addition and refer them to the City Attorney to be duly recorded. Seconded r _ by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CITY ENGINEER'S REPORT ON SUPER-CHLORINATION OF WATER LINES The City Engineer said that the water line that had been discussed at a previous Council Meeting had been super-chlorinated on September 12th. He said that, as the Council is aware, the treatment plant is completed now, and several months ago, standards were set up in the Water Depart- ment to :seep track of this problem. He was asked if the Department had checked with the property owners to see if the problem was solved. He said he had received no complaints and the people had been given notice when it was done as the water had to be off for 12 hours . Councilman Harris suggested he call the two parties that had appeared at the Council Meeting as they seemed to be speaking for the neighborhood. Councilman Sheridan asked if any of the chlorine reached such things as the wager heaters within the homes, or could this be a continual problem in the home after the municipal lines are clear and clean. The City Engineer said that this was possible, but that the people had been asked to run the water in their homes also, so some of: it should have gone through the whole system. REPORT FROM CITY ENGIN-EER AND CITY ATTORNEY - RE': F. D. CHAPifAN Y COMPAN - PROJECT #87: The City Attorney said he has spoken to the Attorney for the F. D. Chapman Company on two or three occasions, and apparently the contractor is continuing to work and has completed his work where he had anticipated there would be difficulty. tie said the F. D. Chapman Company attorney has requested an extension of time for the completion of the project, i _ i THE MINUTES OF THE REGULAR COUNCIL MEETING OF OCTOBER 16, 1967 3 { The Regular Council Meeting of the City of Fridley was called to order by r Mayor Kirkham at 8:13 P.M. i OPENING CEREMONY: Mayor Kirkham asked the audience to stand and join in saying the Pledge of i Allegiance to the Flag. ROLL CALL MEMBERS PRESENT: Kirkham, Liebl, Harris, Samuelson, Sheridan MEMBERS ABSENT: None i i APPROVAL OF MINUTES, REGULAR COUNCIL MEETING, OCTOBER 2, 1967: MOTION by Councilman Harris to adopt the Minutes of the Regular Council Meeting of October 2, 1967 as presented. Seconded by Councilman Samuelson. Upon a Xoice vote, there being no nays, Mayor Kirkham declared the motion carried. APPROVAL OF MINUTES, SPECIAL COUNCIL MEETING, OCTOBER 9, 1967: MOTION by Councilman Samuelson to adopt the Minutes of the Special Council Meeting of October 9, 1967 as submitted, Seconded by Councilman Harris. Upon 1 a voice �:ote, there being no nays, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA: The Agenda was amended to add Item 18A, "United States Day", and under COMMUNICATIONS, "(D) Greater Fridley Association" and (E) Elmer F. Olson, RE: Recreation Department $udget". Item #2 was deleted from the agenda, MOTION by Councilman Harris to adopt the agenda as am=nded, making note that this is the last Council Meeting to be held in this building, and that the Council is looking forward to using the new Council Chambers at the next regular Council Meeting of November 6, 1967. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PUBLIC HEARING ON 1968 BUDGET (CONTINUED FROM OCTOBER 2, 1967) : MOTION by Councilman Sheridan to continue the Public Hearing to the Regular Council Meeting of November 6, 1967, at which time the Council will have the Budget in such order as to be presented to the Citizens. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ORDINANCE #375 - AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY BY MAKING A CHANGE IN ZONING DISTRICTS - REZONING LOTS IN CARLSON'S SUMMIT MANOR " k ANNEX: MOTION by Councilman Samuelson to adopt Ordinance #375 upon Second Reading, ' witving the reading, and publish. Seconded by Councilman Liebl. Councilman Harris asked if the other agreement that has been discussed with this rezoning { REGULAR COUNCIL MEETING, OCTOBER 16, 1967 PAGE 2 will be executed at the same time. The City Attorney said that the other agreement has been executed already. Upon a roll call vote, Kirkham, Liebl, Harris, Samuelson and Sheridan voting aye, there being no nays, Mayor Kirkham ideclared the motion carried. CHANGE ORDER #2 - STORM SEWER IMPROVEMENT PROTECT #87 - F. D. CHAPMAN: Councilman Harris asked if the Change Order is basically the same as was discussed at the last Council Meeting. The Consulting Engineer said that this Change Order would in effect extend the contract time to November 15, 1967 for putting in the catch basins, etc. , and would extend to May 1, 1968 the completion of seeding, sodding and blacktop replacement. Councilman Harris asked if this would involve any road repair and, if so, would it be completed this year. Mr. Comstock said only a very small amount of work on Ruth Street, and whether it could be completed would depend upon the weather, but they are moving in a new machine and if the weather is satisfactory, it will be done this year. MOTION by Councilman Harris to approve Change Order #2 for Storm Sewer Improvement Project #87. Seconded by Councilman Samuelson. Councilman Liebl asked the Consulting Engineer if the work this company has done for the City up to date is satisfactory. Mr. Comstock said that the work on this project has been satisfactory. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PUBLIC UTILITIES SEWER RATES: Councilman Harris said he has discussed this with the Finance Director and with Councilman Sheridan and there seems to be some realm for adjustment, however, he did not feel the present wording should be used, as the benefits should pertain to multiples under one roof or enclosure. He suggested also that the 1 to 24 units should be changed to 1 to 50 units, or 1 to 36 units as a compromise, Councilman Sheridan felt also that the number of units should be increased. Mayor Kirkham suggested from 1 to 40 units at $7. Councilman Liebl said that from a City standpoint, he felt it should be from 1 to 50, and that it has to be $1.25 over what is paid to NSSSD. Councilman Sheridan suggested the Administration be asked to give a rundown on how many units would be involved and whether they are residential, commercial or industrial. He said the Council may be getting into such a thing as a laundry which uses sanitary sewer. Council- man Sheridan pointed out that if there is more than one outlet, the building will not qualify. Councilman Samuelson said he would be inclined to agree with from 1 to 50 units at the $7 rate . Councilman Liebl said he felt this would be the fairest as the average homeowner pays $7 and the Council will have to show justification to give special consideration, and he did not want to see the revenue cut either. Councilman Sheridan said he did not think the Council had sufficient information to make a change. MOTION by Councilman Harris to refer this matter to the Administration for more complete data on how many units in Fridley this will effect. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. GERTZEN PROPERTY: The City Engineer oulined on the map the minimum space needed for the intersection in the southeast quadrant of Mississippi Street and East River Road. Mr. Robert REGULAR COUNCIL MEETING, DECEMBER 4, 1967 PAGE 5 Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PARKS AND RECREATION COMMISSION MEETING MINUTES NOVEMBER 27, 1967: MOTION by Councilman Sheridan to concur with the naming of the park located at 54th and 7th Street, "Oak Hill Park". Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman. Liebl to receive and file the Minutes of the Park and �iRecreation Commission Meeting of November 27, 1967. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. / BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING MINUTES NOVEMBER 28, 1967: 1. CONSIDERATION OF A PERMIT FOR THE CONSTRUCTION OF A 25 UNIT APARTMENT BUILDING AT 5149 - 3RD STREET NORTHEAST (LOTS 1,2,3,4,5,6, BLOCK 1, CARLSON'S SUMMIT MANOR ANNEX SECOND ADDITION) . REQUEST BY S&S INVESTMENT, 1202 PIKE LAKE DRIVE, NEW BRIGHTON, MINNESOTA 55112: Mr. Bill Shaw was present at the Council Meeting representing S&S Investment . Councilman Liebl asked Mr. Shaw if he agreed to si.pulations A, B, and C, as listed in the Building Standards - Design Control Subcommittee Minutes. Mr. Shaw said he concurred with these items. Councilman Harris asked if he planned to include garages in his plans. Mr. Shaw said there will be 25 units and 25 garages. There was a discussion at the Council table regarding the looks of the block garages, the drainage and the landscaping. The City Engineer said there would be no problem wish the drainage, they would just have to get together and discuss it. MOTION by Councilman Liebl to concur with the recommendation of the Building Standards - Design Control Subcommittee and approve the permit for a 25 unit apartment building with the stipulations A, B, and C as listed in their minutes , and with the additional stipulations that the walls of the garage be rough sawn cedar, that the drainage be coordinated with ,the Engineering Department, and curbing within the property line. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 2. REQUESTED RECOMMENDATION FROM THE COMMITTEE CONCERNING A PROPOSED MORTUARY TO BE LOCATED AT 6210 HIGHWAY 65 N.E. (LOTS 3, HERWALS SECOND ADDITION) : Mr. Wahlquist and Mr. Gearhart were present at the Council Meeting. The City Engineer said that they have eliminated the entrances close to the intersection, and have an agreement with the Church for overflow parking. Councilman Samuelson asked if there is any provision for screen planting. The City Engineer said there is a public right-of-way which is a planting strip and drainage ditch, so there could be some kind of planting on this side of the ditch. Mr. Gearhart said he could see no probl:.m with doing this , if this is what the Council wanted. Mr. Gearhart said he has brought in plans showing the minimum planting, and he is sure there will be more. Councilman Harris asked if all the stipulations in the Minutes are being met. The City Engineer said that the permit will not be issued until they get all the documents and all requirements are met . Mr. Gearhart said they will be giving a 20 foot easement for utilities, and a 20 foot easement for driveway privileges also. Councilman Samuelson questioned if there would be an advantage in vacating the- right-of-way ditch because of THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE MEETING NOVEMBER 28, 1967 The Meeting was called to order by Acting Chairman Dittes at 7:50 P.M. ROLL CALL MEMBERS PRESENT: Dittes, Hauge, Tonco MEMBERS ABSENT: Biermann, Erickson OTHERS PRESENT: Jan Gasterland, Don Gearhart, George Walquist, Bill Shaw, John Breher CONSIDERATION OF A PERMIT FOR THE CONSTRUCTION OF A 25 UNIT APARTMENT BUILDING AT 51-49 - 3RD STREET NORTHEAST (LOTS 1, 2,3,4,5,6, BLOCK 1, CARLSON'S SUMMIT MANOR ANNEX SECOND ADDITION) . REqUUEST BY S&S INVESTMENT 1202 PIKE LAKE DRIVE NEW BRIGHTON, MINNESOTA 55112: Mr. Bill Shaw was present representing S&S Investment. Mr. John Breher was representing the architect. Mr. Shaw brought with him 3 complete sets of working drawings and a scale model of the building and site. There was a discussion concerning the structure of the building and garages. Mr. Shaw stated that the garages would probably be revised to have individual stalls for each apartment. It was pointed out that the storage under the stair- way would have to be eliminated and it was suggested that it could be included on the first floor. The building apparently would have adequate sound control facilities provided that all the party walls be of staggered stud construction and that all the bedrooms, living and dining rooms be carpeted. MOTION by Hauge to recommend approval of plans subject to the following: (A) Storage lockers to be removed from under the stairways and included on the first floor. (B) Drawing #2 of 5 to read staggered'wall of 2"W' studs to be 8" O.C. on a 6" plate. (C) All living rooms, Dining Rooms, and Bedrooms to be carpeted. The motion was seconded by Tonco, and upon a voice vote , there being no nays, the motion carried. 2. REQUESTED REC011,1ENDATION FROM THE COMMITTEE CONCERNING A PROPOSED MORTUARY TO BE LOCATED AT 6210 HIGFIWAY 65 N.E. (LOT 3, HERWALS SECOND ADDITION Mr. Wahlquist and Mr. Gearhart were present at the meeting to request a recommenda- tion. Mr. Erickson looked at this proposal before the meeting and asked Mr. Gasterland to see that the parking lot and connecting driveway be included in the legal. description for a building permit . All the members, Mr. Wahlquist, and Mr. Gearhart concurred. 1 ORD114ANCE NO. 375 AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within. the County of Anoka and the • City of Fridley and described as: All of Lots 1, 2, 3, 4, 5 and 6, Block 1,Carlson's Summit Manor Annex 2nd Addition lying in the North- west Quarter (NW-14) of Section 26, T-30, R-24, County of Anoka, State of Minnesota Is hereby designated to be in the Zoned District known as R-3A (general multiple family dwellings only) . SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area from zoned district R-1 (single family dwellings) to MR-3A (general multiple gamily dwellings only) . PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 16't_ DAY OF OCTOBER 1967. Mayor - Jack 0. Kirkham ATTEST: CITY CLERK - Marvin C. Brunsell Public Hearing: Au�gn.zst 14, 1967 First Reading: October 2. 1"1 v_ J Second Reading: October 1<, 1967 Publish. . . . . . . October 27. 1967 U� � b UP. ORDINANCE NO.375 ORDINANCE NO.375 / AN ORDINANCE TO AMEND THE AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAK- FRIDLEY, MINNESOTA BY MAK- ING A CHANGE IN ZONING DIS- ING A CHANGE IN ZONING DIS- TRICTS TRICTS The Council of the City of Frid- The Council of the City of Frid- ley do ordain as follows: iley do ordain as follows: SECTION 1. Appendix D of the SECTION 1. Appendix D of the City Code of Fridley is amended as City Code of Fridley is amended as hereinafter indicated. !hereinafter indicated. SECTION 2. The tract ar area SECTION 2. The tract ar area within the County of Anoka and within the County of Anoka and the City of Fridley and described jthe City of Fridley and described as: as: All of Lots 1, 2, 3, 4, 5 and 6, All of Lots 1, 2, 3, 4, 5 and 6, Block 1, Carlson's Summit Man- Block 1, Carlson's Summit Man- or Annex 2nd Addition lying in or Annex 2nd Addition lying in the Northwest Quarter (NW Via) the Northwest Quarter (NW I,a) of Section 26, T-30, R-24, Coun- of Section 26, T-30, R-24, Coun- ty of Anoka, State of Mihne- ty of Anoka, State of Minne- sota sots Is hereby designated to be in Is hereby designated to be in the Zoned District known as ! the Zoned District known as R-3A (general multiple family R-3A (general multiple family dwellings only). ! dwellings only). SECTION 3. That the Zoning Ad-, SECTION 3. That the Zoning Ad- i ministrator is directed to change i ministrator is directed to change 'the official zoning map to show ,the official zoning map to show ,said tract or area from zoned dis- 'said tract or area from zoned dis- trict R-1 (single family dwellings) trict R-1 (single family dA- !to R-3A (general multiple family ito R-3A (general multiple family dwellings only). I dwellings only), �. PASSED BY THE CITY COUN- , PASSED BY THE CITY COUN- CIL OF THE CITY OF FRIDLEY CIL OF THE CITY OF FRIDLEY THIS 16th DAY OF OCTOBER,1967,I THIS 16th DAY OF OCTOBER,1967. l JACK O. KIRKHAM ` JACK O. KIRKHAM Mayor I Mayor ATTEST: ATTEST: 4CARVIN C:,BRUNSELL MARVIN C:BRUNSELL City Clerk pity Clerk Public Hearing: August 14 1967 !Public Hearing: August 14, 1967 (First Reading: October 2, 1967 First Reading: October 2, 1967 Second Reading: October 16,1967 (Second Reading: October 16,1967 Publish: October 27, 1967 Publish: October 27, 1967 (Published in the Anoka Union (Published in the Anoka Union &Fridley Free Press I &Fridley Free Press Oct. 27, 1967) Oct. 27, 1967)