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Ordinance No. 0894 09-14-1987 (3)� 0 ... STATE OF MINIVESOTA Q�UNTY OF ANOKA CITY OF FRII�I,EY ) ) ) ) ) ss �'�2�22 I, the undersigned, being the duly qualified City Clerk of the City of Fridley, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract fran the Minutes of THE FRIDLEY CITY OOONCIL MEETIIVG held SEPI�ER 14, 1987 i.n said city, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrcan insofar as the same relates to: 7• ORDINANCE NU. 894 APAtOVING A VACATION SAV. �87-04, 7.0 VACATE EASII�ITS ON LOT 4, BL�C 2, EAST RAN(�I FSTp,TES SEQ�1�ID ADDITION, GE�RALY LOCATEp AT 7710 UNIVERSITY AVII�1[TE N. E. , BY J�S BIIJ90N AND GRDGORY BRAUBURY (apNTINUID FROM 8/24/87): WITNESS MY HAND as City Clerk of the City of Fridley and the seal of the City, this 8ZS day of OCZOBII2, 1987. ,�,�.<,..ti;,. , ��,�,, x � , � , 4,� ; "}°. - .� _, .���: '"° `•,,. �' ,`�, . . � ..r�.�, r ". ° ✓ . ''�. �%T��'�;G;;: �1�:F � K.;. _ � ' m C � . � � � } , . �. i � ' 't�-+„ %"'� . � �V .° - ! .� • � ,� r- �f � . . i y ( ��, � �P} d , ♦� V �^ r.:� , +fk �♦ r� _ .. . � � 0 k � � _ • ^ IY '� '� ^'y .��, J �!/✓(! `/ . /� �_-� \���� `" l � SHIRLEY A. A CITY CGF�2K OF THE CITY OF FRII�EY m COUNCIL MEETINiG OF SEPTBI�IDER 1�{, 1987 patterns shouid be solved as there are large volumes oP traffic coming from the east. Mr. Flora, Public Korks Direetor, stated the entire right-of-t+ay needs to be obtained. He stated possibly widening tYie intersection at 73rd Avenue with another left-turn lane should be reviewed. Couneilman Sehtteider stated if Rapid Oil Ci�ange didn't proeeed with their plans, if staff knew �,rhat may happen With t.his parcel. Mr. Robertson stated he, frankly, didn't know what Would work because of the size of this site. Mr. Gilbertson stated the budget for this projeet has been stretched as far as possible and didn't feel they xere in a position to negotiate with the awner of the mobile home park to aoquire access to extend Yiron Road. He stated in order to pay for the assessment, the size of the building Was decreased by 14 feet. Mr. Flora stated atafP met With the aw�rs of the mobile home park several times last year and asked Por a 15 foot easement and, at that time, they �rere not in favor as it xould involve moving one of their tenants. He stated since there are noW some vacancies in the trailer park, this situation possibly may have changed. MOTION by Couneilman Schneider to table item� 5, 6 and 7 to the next meeting on September 28 and direct stafP to (1 ) reWOrk the plan based on the new building size; (2) eonduet appropriate traffie counta on 73rd Avenue and 73-1/2 Avenue; and (3) revie� possible options tor Viron Road making sure the owner and tenant of the trailer park are involved. Seconded by Couneilman Fitzpatrick. Upon a voice vote, al.l voting aye, Mayor Nee declared the motion carried unanimously. Mr. Gilbertson asked if there Was any Way Rapid Oil eould begin construction prior to the vacation of 73-1/2 Avenu�e, as it appears this will be a lengthy process. Mr. Qureshi stated staff will provide additional information to Couneil �o, hopefully, a decision eouid be made at the next meeting. 7. CONSIDERATION OF A VARIANCE, VAR �8?-26, TO REDUCE THE SIDE YARD SETBACK ON THE STREET SIDE OF A CORNER LOT FROM 35 FEET TO 21 FEET ON THE NORTH, TO ALLUW THE CONSTRUCTION OF AN AUTOMOBILE SERVICE STATION ON LOTS 1 AND 2, BLOCK 2. CENTRAL VIEW MANOR, THE SAI� BEING 7315 HIGHWAY 65 N.E.. BY RAPID This item was tabled to September 28, 1987. See Item 6 for further information. 8. ORDINANCE N0. 89� APPRWING A VACATION SAV #87-04, TO VACATE EASEMENTS ON LOT �4, BLOCK 2, EAST RANCH ESTATES SECOND__ ADDITION, GENERALLY LOCATED AT FROM 8/24/87)• -14- �3� '_� ' �: r,:;�: , �:: Y� : ,,. 1ti ' � � COUNCIL I�ETING OF SEPTEI+�ER 14. 1987 Mr. Robertson, Community Development Director� stated there Was a question raised whether it would be possible to combine the remaining pareels with . Mr. Schroer's other property to make it one tax parcel. He stated a deed �ras recorded in June, 1978 t�hich reserves an ingress and egress aceess from Ranehers Road. He stated the petitioner� s request for the combining of these lots is really independent of the outstanding question iP Mr. Schroer does oWn this property. Mr. Robertson stated he believed the problem could be solved With the follawing stipulations: (1 ) Bob Schroer Will grant an acoess/egress �asement for the south 50 feet of the West 115 feet of Lot 4 (see plat map easement A) to the City of Fridley or its assigned; (2) Bob Schrcer �ill reassign an existing private aecess/egress easement for the south 50 feet of Lot 5 isee plat map easement B) to the City of Fridley or its assigned; and (3) Both easements will be held by the City of Fridley and may be recorded at any time in the future as public or private easements (assigned) at the City�s discretion. Mr. Robertson stated he felt thia settled the question of landloeking any property. Mr. Qureshi, City Manager, stated one of the stipulations of the 1 ot spl it Was all this property and the existing property l9r. Schroer oWns would be combined into one tax parcel so whenever a portion is developed or sold, the City has input into the develop�ment. Hs stated this particular atipulation is not noted in this vacation request. 1�. Qureshi atated he realizes there is a legal question on a portion of the property, however� if it is determined Mr. Schroer is the awner, he ahould eomply with this stipulation. Mr. Robertson stated the provision to combine all the property into one tax parcel Was covered in the lot split approved on July 6, 1987. He stated �hat is now being considered is vaeation of the old utility easement. Mr. Benson, representing Mr. Schroer, atated Mr. Schrcer agreed to combine all the paroels into one tax parc�el and when the arnership of the property in qi.bestion is aettled, he is willing to combine it into one arnership. Mr. Nexman, City Attorney, stated the Council's prior stipulation did not include the property erosshatched in blwe as shoWn on the map. He stated parcel B and the other parcel, When it oomes under the ownership of Mr. Sehroer, xould be combinsd with the property Mr. Sehrcer owns to the south so a].l progerty Would be under one tax paroel. Mr. Robertson stated paroel B contains property which Mr. Schroer owns as well as the property whose awr�ership is being eontested. MOTION by Councilman Goodspeed to waive the seeond reading and adopt Ordinance No. 89u on aecond readittg and order publication, with the following stipulations: (1) developer responsible for all eosts associated With relocation of 8 inch sanitary eeWer line; (2) new utility easements to be provided on north and south oP property to aecommodate reloeation of aexer line; (3) Bob Schroer Will grant an access/egress eassment for the south 50 Peet oP the West 115 feet of Lot 4(see plat map ea�ement A) to the City of Fridley or its assigned; (�) Bob 3chroer Kill reassign an exi$ting private aeoess/egress easement for tbe aouth 50 feet oP Lot 5(aee plat map easement B) to the City of Fridley or its assigned; (5) both easementa t�ill -15- � COIINCIL I�ETING OF SEPTEI�ER 1�4, 1987 be held by the City and may be recorded at any time in the future as publie or private easements (assigned) at the City's diseretion; and (6) in the event Mr. Schrcer is declared the awner of Parael B, it be combined with the property to the south as one tax pareel. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. Mr. Benson stated the plans for this projeet have beett submitted to the City and he requested they be ailowed to apply for the building permit, aPter this vacation is published. Mayor Nee and the Council members indicated no objection if the petitioner is prepared to take the risk of a possible reversal. ORDINANCE N0. 895 APPRW ING A REZ ONING, Z OA #87-03 � TO REZ ONE FROM C 1 SLOCAL BUSINESS) TO C-2 (GENERAL BuSINESS) ON TRACT B. C AND D, REGISTERED LAND SURVEY N0. 19, THE SAI�E BEII�G 6520, 6530 AND 65�6 EAST RNER ROAD N E, BY RANDALL OLCHEFSKE AND KLAI�S FREYIAIGER: Mr. Robertson, Community Development Director, stated a restrictive covenant regarding land uses will be executed for Mr. Freyinger� s property and this covenant is being prepared by Mr. Ideaman, Assistant City Attorn�sy. MOTION by Councilman Fitzpatrick to Waive the seeond reading of Ordinance No. 895 and adopt it on t�he second reading and order publieation, with the follawing stipulations: Rlaus Freyinger's property -(1) petitioner agrees to execute a restrictive convenant agreement stating that land uses under proposed C-2 (General Business) zoning elassificaton for Tract B and C, Registered Land Survey No. 19, is limited to those land uses provided for in the C-2 (Gen�eral Busirless) section of the Fridley Zoning Code exeept the folloWing Will not be considered permitted uses: sutomobile ageneies selling or displaying neW and/or used vehicles, ageneies selling or displaying recreational vehicles, automotive repair or service stations, liquor stores, bars and taverns. Restaurants serving wine and/or beer should be allowed. Complete prior to publication of rezoning ordinane8; (2) petitioner agrees to refurbi� building ineluding trim painting and roof equipment screening prior to oecupaney; (3) petitioner agrees to install a briek dumpster enelosure Wih opaque gate prior to occupancy; (4) petitioner agrees to install a pylon sign similar to the Riverside Carwash sign prior to full oecupancy; (5) petitioner agrees to install landscaping and automatie sprinkling, as per City plan dated 7/1/87, on Tracts B and C (except along west edge) prior to oecupancy; (6) petitioner agrees to install landseape tree wells, plantings, and irrigation along the western edge of Traets B� C and D, as per City plan dated 7/1/87 by October 31, 1989; (7) petitioner agrees to make parking lot/driveWay improvements including curbing, blacktopping, sealcoating and atriping prior to oceupancy; (8) petitioner agrees to provide joint driveway easement (eontent approved by staf'f) from Tract B to Tract C and joint driveWay and parking easements from Tract C to Traet D, prior to publieation of ordinattce. Randall 0lchefske's propertq -(1) petitioner agrees to refurbish Westerly addition to carWash by adding roPf equipment screening and rePinishing facade (roof sereening details by o�ner - approved by staff) . ilork to be -16- I� � � p � �� i � � � � � � � C1 �k� ��a � �.Z� cL v� ... �� � �� � � � � a � _. � _ � � _ .. � ��� w `G � �cn �� � � t� Ci. ;�. 'vi 9 �) ;,�, RS C.�� � ^ � � � y � �Y -_�r„ '� e�'���.' 9f � $ � `"� ;: � ci � � C� X1 G� � � � o � � c��u � �' w °" = cm � c n � � � ° ' � �` � n �� x� Q� co �� `� f�., � � ( � � � t G: G � c � 3 o � n � � W � ��^ lv