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ZOA90-01 W� CITY OF FRIDLEY REZONING REQUEST ZOA * 0431 IJWVERSITY AVE. N.E. FRIDLEY. Ulf 95432 (612)571-3450 VACATION REQUEST SAV PLATTING REQUEST P.S. # REQUEST FEE j VL PARK FEE PIMIPT # SQ mmw PLANNING CDNA'lISSION MEETING DATE J I SCHEDULED CITY COUNCIL MEETING DATE q PROPERTY INFORMATION PROPERTY ADWLESS 6443 East River Rd. , Fridley. Minnesota LEGAL DESCRIPTION: See Attached. LOT Br-= TRACT/ADDITION PRESENT ZONING (2- 1 C—) REQUESTED ZONING C — I REASON FOR REQUEST: A site plan showing the proposed future use is required for all rezoning. FEE OWNER INFORMATION NAME (please grin Murphy 0'1 USk, Inc. PHONE # 612 835-3611 A,DM� 200 P ch . ,_El Dorado, Arkansas 71730 SIGNATUREKDATE 1/31/90 gg Note to roc PETITIONER INFORMATION NAME (please pri Gary Andelin PHONE # 612 835-3611 pDE �g4 0 W. S . , to #304 Minneapolis, Minnesota 55435 SIGNATURE DATE _. 1/31/90 PLANNING CDMMISSION APPRWED DENIED DATE CITY CDUNCIL: APPROVED DENIED DATE STIPULATIONS: MURPHY SUITE 304 7 4600 W. STREET OIL USA, INC. MINNEAPOLIS,MINNESOTA 55435 PROPERTY DESCRIPTION Lot Ten (10) , " Revised Auditor's Subdivision No. 23". And That part of lot Thirty-three (33) . "Revised Auditor's Subdivision No. 23", Anoka County, Minnesota, described as follows to wit: Commencing at the Northeast corner of said Lot thirty-three (33) , thence West along the North line of said Lot thirty-three (33) , One hundered twenty-five and forty-three hundreths (125.43) feet more or less to the East line of the East River Road, as the same is now laid out and constructed, thence Southeasterly along the Northeasterly line of said East River Road fifty-five (55) feet, thence Northeasterly a distance of one hundred fourteen and four tenths (114.4) feet more or less to a point on the east line of said Lot thirty-three (33) said point being distant South twenty- two and one tenth (22.1 ) feet from the Northeast corner thereof, thence Northwesterly along the Northeasterly line of said Lot thirty-three (33) twenty-two one tenth (22.1 ) feet to the point of beginning together with that portion of the Northeasterly one-half (2) of the East River Road included within the extension of the Northerly and Southerly lines of this description, according to the duly recorded plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota. Subject to public streets and highways and to easements, covenants and restrictions of record, if any. AND Lot 33, Revised Auditor's Subdivision No. 23, Anoka County, Minnesota, except that part described as follows: Commencing at the Northeast corner of said Lot 33; thence West along the North line of said Lot 33, 125.43 feet, more or less, to the East line of the East River Road, as the same is now laid out and constructed; thence Southeasterly along the Northeasterly line of said East River Road 55 feet; thence North- easterly a distance of 114.4 feet, more or less, to a point on the East line of said Lot 33, said point being distant South 22.1 feet from the Northeast corner thereof; thence Northwesterly along the Northeasterly line of said Lot 33, 22.1 feet to the point of beginning together with that portion of the Northeasterly one-half of the East River Road in- cluded within the extension of the Northerly and Southerly lines of this description, according to the recorded plat thereof and situate in Anoka County, Minnesota. AND Subject to An easement for Road purposes as described in Doc. No. 332565. SPUR PAGE 1 OF 2 Spur Convenience Store MAILING LIST Planning 2/8/90 Rezoning Special Use Permit Council 3/23/90 Variance CITY COUNCIL MEMBERS Murphy Oil Co. Ronald LaFond and Lewascko Gary Andelin '459 - 96th Avenue Mayor William J. Nee 4600 West 77th Street Blaine, MN 55432 219 Logan Parkway N.E. Suite 304 Fridley, MN 55432 Minneapolis, MN 55435 Ronald LaFond and Lewascko 140 Mississippi Place N.E. Nancy J. Jorgenson Murphy Oil Co. Fridley, MN 55432 5730 Polk Street N.E. 200 Peach Street Fridley, MN 55432 El Dorado, AR 71730Robert Andres 3368 - 8th Avenue North Steven Billings Murphy Oil Co. Anoka, MN 55303 5215 Lincoln Street N.E. 6485 East River Road N.E. Fridley, MN 55421 Fridley, MN 55432 Robert Andres 117 Mississippi Place N.E. Dennis L. Schneider Donna Miller �`" Fridley, MN 55432 6190 Stinson Boulevard N.E. 140 - 64 1/2 Way N.E. Fridley, MN 55432 Fridley, MN 55432 Ch-Ox Properties Inc. 137 Mississippi Place N.E. Edward J. Fitzpatrick Kenneth Raymond Fridley, MN 55432 5273 Horizon Drive N.E. 6420 East River Road N.E. Fridley, MN 55421 Fridley, MN 55432 Ch-Ox Properties Inc. 13562 Highway 65 PLANNING COMMISSION Steven Smuder Anoka, MN 55303 MEMBERS 6414 East River Road N.E. Fridley, MN 55432 William Corcoran Donald Betzold 111 - 64 1/2 Way N.E. 1601 N. Innsbruck Drive N.E. Colin Poynter Fridley, MN 55432 Apt. 201 6408 East River Road N.E. Fridley, MN 55432 Fridley, MN 55432 Randall Olchefske 166 Talmadge Way N.E. David Kondrick June Sakry Fridley, MN 55432 280 Stonybrook Way N.E. 121 - 64 1/2 Way N.E. Fridley, MN 55432 Fridley, MN 55432 Randall Olchefske 6520 East River Road N.E. Susan Sherek Walter Luckow Fridley, MN 55432 1530 - 73 1/2 Way N.E. 161 - 64 1/2 Way N.E. Fridley, MN 55432 Fridley, MN 55432 Dallas Hansen 6502 Hickory Drive N.E. Dean Saba Bernadine Matushak Fridley, MN 55432 6325 Van Buren Street N.E. 141 - 64 1/2 Way N.E. Fridley, MN 55432 Fridley, MN 55432 Arlene Fernandes nn�195 Mississippi Way N.E. Paul Dahlberg Eugene Henriksen �" Fridley, MN 55432 6664 East River Road N.E. 120 Mississippi Street N.E. Fridley, MN 55432 Fridley, MN 55432 Carl Christensen 6501 East River Road N.E. Alex Barna Eugene Henriksen Fridley, MN 55432 560 Hugo Street N.E. 2944 - 37th Avenue South Fridley, MN 55432 Minneapolis, MN 55406 PAGE 2 OF 2 Spur Convenience Store Rezoning Special Use Permit Variance Murphy Oil Co. 6443 East River Road N.E. Fridley, MN 55432 Warren Palm 6421 East River Road N.E. Fridley, MN 55432 Stuart Anderson 6409 East River Road N.E. Fridley, MN 55432 Stuart Anderson 1322 - 42 1/2 Avenue N.E. Columbia Heights, MN 55421 Gregory Maness 6437 East River Road N.E. Fridley, MN 55432 Peter Bernal 6431 East River Road N.E. Fridley, MN 55432 John Kimbler 80 Mississippi Way N.E. Fridley, MN 55432 Ow COMMISSION APPLICATION REVIEW FRX NUMBER Fax Mn uuTm DATE FILE DESCRIPTION zoA #90-01 CIIYOF 5 1/31/90 3/ 14/90 Rezone from R-1 to C-1 , 6443 East River FRIDLEY Road - Sur Station COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. COMMENTS -MICHELE M. I /4D ,7- MARK W. WOPJOHN F.zl O-DARREL C. . 1 I, ❑ CLYDE M. LEON M M H. BOB A.,-�-L3 MURPHY 4617E 304 7 4600 W.77TH STREET OIL USA, INC. MINNEAPOLIS,MINNESOTA 55495 February 9, 1990 Local Property Owner: Murphy Oil USA, Inc. is considering construction of a new Spur convenience market with gasoline sales at the site of its present store (6485 East River Road, Fridley, MN). The informational public meeting to discuss this project will be held on Thursday, February 15, 1990 at 7:00 P.M. at the Fridley City Hall , City Council Chambers. You are invited to attend this meeting, at which time we will address any questions you may have on our requests for rezoning, special use permit, and our variance request. Sincerely, MURPHY OIL USA, INC. Gar K. Andelin Construction Supervisor GKA:mf "SPUR / CIWOF F14DLLY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432• (612)571-34_50• FAX (612)571-1287 February 14, 1990 PW90-46 Mr. Jon Olson Asst. County Engineer-Construction Anoka County Highway Department 1440 Bunker Lake Road Andover, MN 55304 SUBJECT: Proposed Development at the Southeast Corner of County Road 1 (East River Road) and County Road 6 (Mississippi Street) Dear Mr. Olson: Enclosed is a site plan for a new Spur convenience store at East River Road and Mississippi Street in Fridley. Please review and comment on the proposed access points to the site. Thank you for your time. Sincer y7,. M k A. Winson, P.E. A sistant Public Works Director MAW/kn Enclosure City of Fridley PUBLIC.HEARING BEFORE THE r PLANNING COMMISSION Notice.is hereby given that there will .be_a—Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 Uni- versity-Avenue N.E. on Wednesday, March 14,1990 at 7:30 P.M.-for the Purpose of: Consideration of a Rezoning,ZOA a 90.01,by Murphy Oil CO.;to rezone from R-1, Single Family Dwelling, to C-1,Local Business, on Lot 33, Revised Auditor's Subdivision No. 23; Anoka County, Minnesota, ex- cept that part described as follows: Commencing at the Northeast cor- ner-of said Lot 33; thence West along the North line of said Lot 33, 125.43 feet,more or less,to the East line of the East River Road,as'the same is now laid out and con- structed; thence Southeasterly along the Northeasterly line of said East River Road 55 feet;'thence .Northeasterly a distance of 114.4 feet,more or less,to a point on the East line of said Lot 33,said point being distant South 22.1 feet from the Northeast corner thereof; thence Northwesterly along the Northeasterly line of said Lot 33,. 22.1 feet to the point of beginning together with that portion of the Northeasterly one-half of the East River Road included within the ex- tension of the Northerly and South- erly lines of this description, ac- cording to the recorded plat thereof and situate in Anoka County,Min- nesota,and subject to an easement for road purposes as described in Document Number 3325",general- ly located at 6443 East River Road N.E.(Spur Station) Anyand all persons desiring to be heard shall be given an opportunity at the above stated time ai)d place. DONALD BETZOLD CHAIRMAN ' PLANNING COMMISSION Any questions related to this item may be referred to the Fridley Com- munity Development Department, 571.3450. (Published Fridley Focus February 28 and March 7,1990) M %aR — 1 3 — 30 TUE 1 1 : 44 P . 0 1 K L.HS ENGINEERS & ARCHITECTS 4550 West 77th Street • Suite 205 * Edina, Minnesota 55435 • 6121831-8971 • FAX 6121831.0115 FAC8YMYLE TRANSMITTAL DATE: TO: /G FAX NUMBER: ✓�� l�TJ r FROM: PROJECT NO. RE: No. OF PAGES: (including transmittal) This information will also be sent by mail: YES NO if you do not receive all pages or have any problems with receiving, please call 612-831-8971. Ae" - loge Edina, Minnesota Duluth, Minnesota Superior, Wisconsin 33 r Itib t � y 1 �mth az Z° Rt ate 40 OW Rb mm nm o 4 y o q a Z PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, March 14, 1990 at 7: 30 p.m. for the purpose of: Consideration of a Rezoning, ZOA #90-01, by Murphy Oil Co. , to rezone from R-1, Single Family Dwelling, to C-1, Local Business, on Lot 33, Revised Auditor's Subdivision No. 23, Anoka County, Minnesota, except that part described as follows: Commencing at the Northeast corner of said Lot 33; thence West along the North line of said Lot 33, 125.43 feet, more or less, to the East line of the East River Road, as the same is now laid out and constructed; thence Southeasterly along the Northeasterly line of said East River Road 55 feet; thence Northeasterly a distance of 114.4 feet, more or less, to a point on the East line of said Lot 33, said point being distant South 22 . 1 feet from the Northeast corner thereof; thence Northwesterly along the Northeasterly line of said Lot 33, 22. 1 feet to the point of beginning together with that portion of the Northeasterly one-half of the East River Road included within the extension of the Northerly and Southerly lines of this description, according to the recorded plat thereof and situate in Anoka County, Minnesota, and subject to an easement for road purposes as described in Document Number 332565, generally located at 6443 East River Road N.E. (Spur Station) Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: February 28, 1990 March 7, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. � 4C STAFF REPORT APPEALS DATE CIIYOF PLANNING COMMISSION DATE : March 14, 1990 FM DLEY CITY COUINCIL DATE : April 9. 1990 AUTHOR MM/do REQUEST PERMIT NUMBER ZOA #90-01 APPLICANT Murphy Oil Company PROPOSED REQUEST To rezone Lot 33, Aud. Sub. 23 from R-1, Single Family Dwelling to C-1 , Local Business. LOCATION 6443 East River Road N.E. SITE DATA SIZE 15,600 square feet DENSITY PRESENT ZONING R-1 , Single Family Dwelling ADJACENT LAND USES R-1 , Single Family Dwelling to the east and south; & ZONING R-3, General Multiple Dwelling to the west; C-2, UTILITIES General Business to the north. PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONNG ENVIRONMENTAL CONSIDERATIONS --- -- - - ------ ---- STAFF RECOMMENDATION Approval with stipulations APPEALS RECOMMENDATION PLANNING COMMISSION Approval with stipulations RECOMMENDATION 4D Staff Report ZOA #90-01, Murphy Oil Company Page 2 Background The petitioner, Murphy Oil Company, is requesting that Lot 33, Auditor's Subdivision No. 23 be rezoned from R-1, Single Family Dwelling, to C-1, Local Business. This parcel is currently addressed as 6443 East River Road N.E. Site The parcel to be rezoned is currently the site of a single family home and a three car garage. There are mature elm trees and other types of vegetation used for landscaping on the site. Analysis The petitioner is requesting the rezoning in order to combine Lot 33 with Lot 10 which is currently zoned C-1, Local Business, in order to construct a new convenience store/gas station. The petitioner has also applied for a special use permit which is required under the C-1 district to allow a motor vehicle fuel and oil dispensing service as an accessory use to a convenience store. The petitioner proposes to remove the existing structures on both sites in order to build a new convenience store which will be farther away from the adjacent single family dwelling, units to the east and south of the site. This will bring the property into greater conformance with the zoning code (the petitioner has also applied for two variances which the Appeals Commission has recommended approval to the City Council) . Greater area is available to provide adequate screening and buffering from the neighboring residential uses. The rezoning of the parcel would increase the area zoned C-1 to equal those areas currently zoned C-2 , General Busines, which are across Mississippi Street and East River Road (Christensen Auto Body and Riverside Car Wash) . The C-1, Local Business, district allows for neighborhood uses, and the proposed use would be a neighborhood-oriented use. The petitioner has submitted the results of soil testing for potential contamination and there was found to be no contamination on site. These results have been reviewed by the City Engineering staff. Recommendation Staff recommends that the Planning Commission approve the rezoning request, ZOA #90-01, by Murphy Oil Inc. as the rezoning would allow for greater conformance to the City's zoning code for the parcel and would provide greater area for screening and buffering of the residential neighborhood from the commercial use. Staff recommends 4E Staff Report ZOA #90-01, Murphy Oil Company Page 3 the following stipulations: 1. Approval of the special use permit and variance requests. 2. The parcels shall be combined into one tax parcel. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations as recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. ZOA X690-01 Murphy Oil Co. 4F 2 SEC. 15, T. 30, R. 24 CITY OF FR/DL EY conrooMAVAIM/r e SAM La Uj 4* ACS P`�p V5 din z 4 7 r i. _ Q cr � 1 ,, 601 A, VIA 28 µ 9 4TH •WAY ., Sf QD �_- { 9n �'• WAY • �•, la � f�� I/2 WAY `' ; •j 63 WAY �t�., u + r TRW 03RD WAY dl v , 4 � N ,l y29'is 3 : ADEN `� .. , . � •, � --- '� 17'fvr Ise i /0� 62 1/2 W AY .� P .� I e r,•. h _ _ moi- ,ti ' '�:•" " + . Y� qD pIT SqH 4r?5 ! - .• ; 1 kl— I `� l s" p 3 1 ppTASEI'� S „ 31Tf ::. Appl7l� 62ND WAY l: .. ,I• N Sw y a H NN i77 RIVER EDGE F K IT'q o �d 7 X 7 r7 611/2 WAY r ' r RIVER EDGE WAY : 4- Y.C. t 44, R:n�eie Pef I20,. LOCATION MAP toNtv�.� �p.nnttU�. x kt)3 J '-P Gorr Nvgo trormuwi..r.y �J C3 c•)•f.,aW.�..Llaes• J ruwr`M`4' y.i Iw+.we e�'t rtM pn+ 1 — /.n» 1 \ 3 /� l •I U40iYYw,W�tau Y ��I<twP Tq Io„.w,n„u»+uwwt J I I IL c� Is•, �.�, �,oa 0j LEGEND STATISTICS \`OK —_._ PROPERTY LINES EXISTING PAVetl Area: Canelarelal Lot - 17,600 G.f. ———— BUILDING SETBACK LINE Realtlantlal Lot - 3,000 a.f. ------- LANDSCAPE SCREEN FROM PUBLIC R.O.M. Bul ltl lnp Are: Rdeld"tI&C�rolal Lot - 1.S34 a.1. Res ltlant lal Lot - X60 a.f. LANDSCAPE SCREEN PROM RESIDENTIAL Lot Are: CO rClal Lot - 20.600 S.f. to w a --------- EXISTING STRUCTURES REMOVED Reslentlol Lot - 16.600 a.f. 'ac'�� _ PROPOSED ►avatl Are 16,000 a.1. 0 n I' `` EXISTING LANDSCAPING REMDVED 0 1 Bulitl Area Area 3.000 a.f. LOt Are - 36,200 s.f. �- Par klna Spaces Ilse 1U4. 0 PMP8)- 21 Total X , MOOD PENCE - 6' NIGH ZOA 490-01 Murphy Oil Co. 41 o� S S Z_ S d CYC x - v 9 Alt - 9 ° . i CROSS SECTION � 2— ■ s� i i ■ = Murphy Oil Co. ZOA 490-01 4J ,s n T-F —I I � II II I II II I I � II it II I � r-- I I � II I � i C I 'I it I r,n O S I � O �I iS� i� it I i 1 t II I I I A'•7r I ELEVATION ZOA #90-01 Murphy Oil Co. ( c� + lit Rt i3: i 3 R 1 •y. • / �` C !! !! r • of o_ ! •�1 ♦ --- — G i( f ff I ) t 1•y Y• 00y r Y♦ list h s$ H Q 11 \ 1 s \ � 1 1 r REVISED SITE PLAN . YY 1 PLANNING COMMISSION MEETING. MARCH 14, 1990 PAGE 5 1. The day care center shall meet a requirements of the Uniform Building Code and ' e codes. 2. A letter from the a be submitted before the Council meeting waivin a fenced-in play area. UPON A VOICE VO , ALL VOTING AYE, VICE-CHAIRPERSON KONDRICR DECLARED THE ION CARRIED UNANIMOUSLY. Ms. Mc rson stated this item will go to City Council on March 26, 199 . 2. PUBLIC HEARING• CONSIDERATION OF A REZONING. ZOA #90-01. BY MURPHY OIL CO• To rezone from R-1, Single Family Dwelling, to C-1, Local Business, generally located at 6443 East River Road N.E. (Spur Station) MOTION by Mr. Dahlberg, seconded by Mr. Barna, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:00 P.M. Ms. McPherson stated Murphy Oil currently owns the Spur Station. Lot 3 is currently zoned R-1, Single Family Dwelling, and the proposal is to rezone it to C-1, Local Business. There is additional R-1 zoning to the east. The lot to the north is zoned C-1. East River Road and R-3, General Multiple Dwelling, are to the west. The other two corners of that intersection are zoned commercial. Ms. McPherson stated the petitioner is requesting the rezoning of Lot 33 in order to combine Lot 10 and Lot 33 to create a larger buildable parcel in order to remove the existing structures and construct a new convenience store and gas station with a new pump island. By rezoning the residential lot and creating this larger buildable parcel, there will be a greater conformance to the City's zoning code than there is currently on the existing lot 10 with the existing convenience/gas station. Ms. McPherson stated that before the Appeals Commission meeting where the petitioner requested two variances for this proposal, Mr. Barna had asked how many variances would be needed for the existing convenience store if it was rebuilt today. The answer is seven variances. She stated the Appeals Commission recommended approval of the two variances requested by the petitioner. PLANNING COMMISSION MEETING, MARCH 14, 1990 PAGE 6 Ms. McPherson stated the rezoning also allows the petitioner to provide for greater screening and buffering from the south and east sides of the parcel to buffer the residential neighborhood from this commercial use. The petitioner hopes to be able to utilize many of the existing trees on site and the existing cedar and lilac hedges along the south and east property lines. In addition, the petitioner is proposing additional landscaping and the required screening fence between the commercial and residential districts. Ms. McPherson stated the rezoning will increase the amount of commercial zoning at this intersection; however, this parcel would be approximately the same size as the Christensen Auto Body and Riverside Car Wash and small retail center, all currently zoned commercial. Ms. McPherson stated the petitioner has submitted for staff review the results of the soil borings that were conducted on site for potential soil contamination from the existing underground tanks. The soil test results were negative for soil contamination, and the City Engineering Department has reviewed those results. Ms. McPherson stated staff is recommending the Planning Commission recommend to City Council approval of this rezoning request with two stipulations: 1. Approval of the special use permit and variance requests 2. The parcels shall be combined into one tax parcel. Mr. Gary Andelin, Murphy Oil, stated they are trying to comply as much as possible with City requirements. They are trying to take a building that was built in the 50's or 60's and improve it to the look of the 90 's and become a better business in Fridley. Mr. Kondrick asked if Mr. Andelin had any reservations or questions about any restrictions or limitations being put on the property. . Mr. Andelin stated he did not. He stated it is all part of updating the property. MOTION by Mr. Barna, seconded by Mr. Dahlberg, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:07 P.M. Mr. Barna stated that by rezoning Lot 33, he did not think they would be taking anything away from the existing R-1 zoning available in the City. This will be an improvement to the existing PLANNING COMMISSION MEETING. MARCH 14, 1990 PAGE 7 business and will improve the traffic flow and the general look of the whole neighborhood. Mr. Kondrick asked if there has been any neighborhood objection to this proposal. Ms. McPherson stated a neighborhood meeting was held by the petitioner. Two people attended that meeting, and they were basically curious about what was going to happen on the property. However, the property owner to the east has complained about the litter and the practice of snow removal where the snow is pushed to the east into his yard. Mr. Barna stated the existing Spur Station is quite close to that property owner, and the dumpster is located on that side of the building. This new plan should improve that situation. Also, the people directly to the south attended the Appeals Commission meeting with a concern about the sidewalk area in front of their home. Ms. McPherson stated this can be addressed with the special use permit request. MOTION by Mr. Barna, seconded by Mr. Saba, to recommend to City Council approval of Rezoning, ZOA #90-01, by Murphy Oil Company, to rezone from R-1, Single Family Dwelling, to C-1, Local Business, generally located at 6443 East River Road N.E. (Spur Station) , with the following stipulations: 1. Approval of the special use permit and variance requests 2. The parcels shall be combined into one tax parcel. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the City Council will set the public hearing for the rezoning at the March 26, 1990, meeting, and the pubic hearing on the rezoning will be held on April 9, 1990. 3. PUBLIC HEARING• CONSIDERATION OF A SPECIAL US IT SP #90-01. BY MURPHY OIL CO. : Per Section 205. 13 .0l.C.7 of the F ey City Code to allow a motor vehicle fuel and dispensing service as an accessory use to a cony 'ence store, generally located at 6485 and 6443 East ' er Road N.E. (Spur Station) . MOTION by Mr. Sa seconded by Mr. Barna, to waive the reading of the public h ing notice and open the public hearing. W CITY OF FRtDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432•(612)571-3450•FAX(612)571-1287 March 16, 1990 Mr. and Mrs. Franklin 6437 East River Road N.E. Fridley, MN 55432 Dear Mr. and Mrs. Franklin: This is a short note to inform you of the Planning Commission's recommendation regarding the special use permit and rezoning applications by Murphy Oil for the Spur Station site at 6443 and 6485 East River Road N.E. The Planning Commission recommended approval of both requests to the City Council. City staff met with Mr. Gary Andelin of Murphy Oil and Jerry Putnam, the project architect, on-site on Monday, March 5, 1990, and determined that it would be possible to reconstruct the existing asphalt paving with concrete at a width that would allow the City's snow removal equipment to access the sidewalk. Murphy Oil has contacted the power company and will be relocating the existing power pole in order to widen the sidewalk to the minimum width of five feet. Mr. Mark Winson, Assistant Public Works Director, has contacted the maintenance division of the Public Works Department in order to see if snow removal by the City maintenance equipment would be possible if the sidewalk was reconstructed. Once the sidewalk has been reconstructed by Murphy Oil, the City will begin to be responsible for the snow removal on the sidewalk. The public hearing for the City Council meeting will be held on Monday, April 9, 1990. If you have any questions or concerns regarding this matter, please feel free to contact me. Sincerely, Michele McPherson Planning Assistant MM/dn C-90-125 �► PLANNING DIVISION 5x MEMORANDUM CITY OF FMDLEY DATE: March 21, 1990 TO: William Burns, City Manager FROM: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Set Public Hearing for a Rezoning Request, ZOA #90-01, by Murphy Oil Attached is the staff report for the rezoning request, ZOA #90-01. The ordinance requires the City Council to hold a public hearing for all rezoning requests. Staff recommends that the City Council set the public hearing date for April 9, 1990. MM/dn M-90-199 FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 1990 PAGE 8 Ms. Dacy stated the Planning Commission recommended approval o this special use permit with the stipulations that (1) the center meet the requirements of the Uniform Building Code and��'kr"e Codes and (2) that a letter from the State be submit 'before this Council meeting waiving the fenced-in play are She stated the petitioner has satisfied the second stipu ion. However, the first stipulation must be met prior to ration. MOTION by Councilman Fitzpatrick grant Special Use Permit, SP #90-02, with the following st' ations: (1) the day care center shall meet the requirement f the Uniform Building Code and Fire codes; and (2) a lette from the State be submitted waiving the fenced-in play area Seconded by Councilman Schneider. Councilwoman rgenson asked the petitioner if the building was sprinkled which he answered in the affirmative. UPO VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and or Nee declared the motion carried unanimously. B. SET PUBLIC HEARING FOR APRIL 9, 1990, FOR A REZONING ZOA #90-01, TO REZONE FROM R-1, SINGLE FAMILY DWELLING, TO C-1, LOCAL BUSINESS, GENERALLY LOCATED AT 6443 EAST RIVER ROAD N.E. , SPUR STATION) . BY MURPHY OIL COMPANY: MOTION by Councilman Fitzpatrick to set the public hearing on this rezoning request for April 9, 1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of March 14, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEAL OMMISSION MEETING OF MARCH 6, 1990: A. VARIANCE REQUEST, VAR 90-03 TO DUCE THE PARKING LOT SETBACK FROM AN STREET HT-OF-WAY FROM THE REQUIRED 20 FEET TO 18.5 T AND 8 FEET ON LOT 1 BLOCK 4 UNIVERSITY DUSTRIAL PARK THE SAME BEING 8,090 RANCHERS AD N.E. Ms. Dacy, Planning Coo nator, stated this is a request for a variance to reduce t required hard surface setback from twenty feet to 18.5 f and eight feet to correct an existing encroachment a clear the title on Lot 1, Block 4 of the University I ustrial Park. She stated the parcel is zoned M-1 with M-1 z ing to the east and south, M-2 zoning to the west, and C-3 zon' to the north. i z LHB ENGINEERS & ARCHITECTS 96-00" 4550 West 77th Street • Suite 205 • Edina, Minnesota 55435 • 612/831-8971 • FAX 612/831-0115 April 2 , 1990 John Olsen Anoka County Highway Department 1440 N.W. Bunker Lake Road Andover , MN 55304 FRIDLEY SPUR - MURPHY OIL USA, INC. PROJECT NO. 90002 1 have enclosed a proposed plan of curb cuts for the above project for your review. As discussed with Jane P . In your office, we have revised the location of the northern most curb cut onto East River Road from what we originally proposed . The curb cut Is now located an additional 25' south at the location of an existing curb cut . After your review, the City of Fridley would like to receive a letter from your office with your recommendations prior to their public hearing on Monday 4/5/90. If you have any questions, please contact me. J R A. PUTNAM, PROJECT ARCHITECT Enclosure Copy: Barbara Dacy, Planning Coordinator , City of Fridley Gary Andelln, Murphy Oil USA, Inc. smh Edina, Minnesota • Duluth, Minnesota • Superior, Wisconsin n� A. I <� _v JW o <_ �1 11 J j W I W '1 K N Cj t 33 W W s0 ` \ UL I I � .I I QQiRi If QQiQfiis ia 41, / �4�•r- Oy OY •M Oo o i viY ,K �d • �1� �. {'2 3Y L � �i Z� rA COMMUNITY DEVELOPMENT 1 DEPARTMENT GWOF F14DLEY MEMORANDUM noon DATE: April 5, 1990 TO: William Burns, City Manager , Y FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Public Hearing for the Rezoning Request, ZOA #90-01, by Murphy Oil Company Attached is the staff report for the above-referenced request. The City Council set April 9, 1990 as the date for the public hearing for the rezoning request, ZOA #90-01, by Murphy Oil Company. Staff recommends that the City Council hold the public hearing. The special use permit and variance requests will be scheduled for City Council action on April 23, 1990 with the first reading of the ordinance regarding the rezoning. MM/dn M-90-215 City of Fridley PUBLIC HEARING EEORE THE Y COUNCIL Notite,I% ereby given that tt4r8. Will be'd` ublic Heari4ai fhp Fridley City Council at'the Fridley Municipal''Center, 6431 ,Urfivergtfy Avenue-WE:oil Monday,4A 9"1990 at 7:30p.m.for the purport;of: Consideration of'a Rezoning,2;OA W 90-01;by.Mgrphy Oil Co„to'rdzone from R-1,;Single Famiiy;'flWelling, to C-t, Local:.Ousiness.0n.L0 33, Revised.Auditor's Subdiviition R1.0. 23, Anoka 'County, Minnesota,ex- cept that part describect as follows: Commencing at the Norfheasf cor- ner of@aid Lot 33; thence West along the North line Of 4e id'Lot33, 125.43 feet,more or less,to the East line of the East River Road;as the same is now laid out and con- structed; thence Southeasterly along the Northeasterly line of.seld East River Road.55 feet; thence Northeasterly a distance of 114.4 feet,more or less,to al Point on the East line'of said Lot 33;said point being distant South 22.1 feet from the Northeast corner. t6ereof; thence Northwesterly along the Northeasterly line of SW&Lpt:93 22.1 feet to the point Of begiMing togetherwith that portion of the Northeasterly one-half of.the East River Road included within th@ ex- tension of the Northerly and linesofthis description, ac- cording to the recorded plat thereof and situate in Anoka County,Min- nesota,dnd'subject to.an esaeletent for rgad purposes as Qescri.bed in Document Number MS6$,general- ly located at 6443 East River Road N.E.(Spur Station) Any and,all persons desiring to be heard shall tie given an opportunity at the above stated time and place. Any questions related to this item may be referred to the.Fridley Com- munity Development Department, 571.3450. WILL IAM J.NEE MAYOR (Published Fridley Focus March 28,April 4,1990.). PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, April 9, 1990 at 7:30 p.m. for the purpose of: Consideration of a Rezoning, ZOA #90-01, by Murphy Oil Co. , to rezone from R-1, Single Family Dwelling, to C-1, Local Business, on Lot 33, Revised Auditor's Subdivision No. 23, Anoka County, Minnesota, except that part described as follows: Commencing at the Northeast corner of said Lot 33 ; thence West along the North line of said Lot 33 , 125.43 feet, more or less, to the East line of the East River Road, as the same is now laid out and constructed; thence Southeasterly along the Northeasterly line of said East River Road 55 feet; thence Northeasterly a distance of 114.4 feet, more or less, to a point on the East line of said Lot 33 , said point being distant South 22 . 1 feet from the Northeast corner thereof; thence Northwesterly along the Northeasterly line of said Lot 33, 22. 1 feet to the point of beginning together with that portion of the Northeasterly one-half of the East River Road included within the extension of the Northerly and Southerly lines of this description, according to the recorded plat thereof and situate in Anoka County, Minnesota, and subject to an easement for road purposes as described in Document Number 332565, generally located at 6443 East River Road N.E. (Spur Station) Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: March 28, 1990 April 4, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. COMMUNITYE 4 Fro, D VELOPMENT DEPARTMENT 1-1 CITYOF FRIDLLY MEMORANDUM DATE: April 19, 1990 TO: William Burns, City Manage34 FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Rezoning, ZOA #90-01, by Murphy Oil Co. Attached is the ordinance rezoning Lot 33, Revised Auditor's Subdivision No. 23 from R-1, Single Family Dwelling to C-1, Local Business. The Planning Commission reviewed this request at the March 14, 1990 meeting and voted to recommend approval to the City Council. The City Council held the required public hearing at the April 9, 1990 meeting. Staff recommends that the City Council approve the first reading of the ordinance ordering the rezoning, subject to the following stipulations: 1. Approval of the special use permit and variance requests. 2 . The parcels shall be combined into one tax parcel. Attached also is the staff report. MM/dn M-90-248 i t 4 �-' Community Development Department U PLANNING DIVISION City of Fridley DATE: September 26, 1991 qy TO: William Burns, City Manager �+�` FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Approving a Rezoning Request, ZOA #90-01, by Murphy Oil Company, Generally Located at 6443 East River Road N.E. Attached please find an ordinance rezoning Lot 33 , Revised Auditor's Subdivision No. 23 , from R-1, Single Family Dwelling to C-1, Local Business, the same being 6443 East River Road N.E. The City Council approved the first reading of the attached ordinance at their April 23 , 1990 meeting. Staff delayed the second reading of the ordinance to ensure that the project would be completed and that the petitioner would petition for the improvements required to meet stipulations by Anoka County. Construction has begun and the petitioner has met all the stipulations placed on the special use permit and rezoning requests. Staff recommends that the City Council hold the second reading and order publication of the ordinance. MM/dn M-91-599 MURPHY SUITE 304 7 4600 W.77TH STREET OIL USA, INC MINNEAPOLIS,MINNESOTA 55435 September 18, 1991 Mr, John G. Flora Director of Public Works City of Fridley 6431 University Ave., N.E. Fridley, MN. 55432 Dear Mr. Flora: Murphy Oil, being the owner of the property at 6485 East River Road, Fridley, (PIN's 15-30-24-42-0001, 15-30-24-42-0026), request that the City of Fridley construct certain storm sewer improvements to extend the existing storm sewer system in East River Road approximately 200 feet north. Murphy Oil further agrees to waive their right to a public hearing and agrees to pay the assessments for the project. Sincerely, W A, C. Construction Supervisor GKA/mts 1C SPUR FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 1990 PAGE 11 stated he does not have a resume submitted, but wants to become more involved in City activities. MOTION by Councilman Fitzpatrick to nominate Cliffordhnson, Jr. , 5156 Hughes Avenue, for appointment to the Appe,41 `✓Commission. There being no further nominations, ',mayor Nee declared the nominations closed. MOTION by Councilman Schneide ro cast a unanimous ballot for the appointment of. Clifford J son, Jr. , 5156 Hughes Avenue, to the Appeals Commission for a term expiring April 1, 1991. Seconded by Councilwoman Jo nson. Upon a voice vote, all voting aye, Mayor Nee decla the motion carried unanimously. MOTION b Councilman Schneider to table the balance of the appoin nts. Seconded by Councilwoman Jorgenson. Upon a voice vote all voting aye, Mayor Nee declared the motion carried un imously. NEW BUSINESS• 4. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A • CHANGE IN ZONING DISTRICTS• Ms. Dacy, Planning Coordinator, statedthis rezoning is for property in the southeast corner of Mississippi Street and East River Road. She stated the proposal is to rezone from R-1 to C-1 in order to remove the existing Spur Station and reconstruct a new building. She stated the house and garage on the parcel would be removed to allow the new construction. Ms. Dacy stated the Planning Commission has recommended approval of the rezoning subject to two stipulations: (1) approval of the special use permit and variance requests; and (2) the parcels shall be combined into one tax parcel. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading, with the following stipulations: (1) subject to approval of the special use permit and variance requests; and (2) the parcels shall be combined into one tax parcel. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1D FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 1990 PAGE 12 5. VARIANCE REQUEST, VAR #90-02, TO REDUCE THE REOUIRED-SIDE YARD SETBACK ON THE STREET SIDE OF A CORNER LOT FROM-35 FEET TO 30 FEET; TO REDUCE THE REQUIRED PARKING ANDHARDSURFACE SETBACK FROM THE STREET RIGHT-OF-WAY FROM 20—IfEET TO-9 FEET AND 10 FEET GENERALLY LOCATED AT 6443 AN6_6485 EAST RIVER ROAD N.E. , SPUR STATION BY MURPHY COMPANY: Ms. Dacy, Planning Coo nator, stated the petitioner has met the criteria for a ha ip and the Appeals Commission has recommended approval of t e variance requests. MOTION b uncilman Fitzpatrick to grant the variances requested under #90-02. Seconded by Councilman Schneider. Upon a voice vo all voting aye, Mayor Nee declared the motion carried animously. 6. SPECIAL USE PERMIT SP #90-01, TO ALLOW A MOTOR VEHICLE FUEL AND OIL DISPENSING SERVICE AS AN ACCESSORY USE TO A CONVENIENCE STORE GENERALLY LOCATED AT 6443 AND 6485 EAST RIVER ROAD N.E. , (SPUR STATION) , BY MURPHY OIL COMPANY: MOTION by Councilman Fitzpatrick to grant Special Use Permit, SP #90-01 with the following stipulations: (1) Reconstruct the existing sidewalk to a minimum width of five feet from the south property lines around the site to the northeast corner, (2) Drainage calculations shall be submitted to the Engineering Department prior to issuance of a building permit, (3) The driveway issue shall be resolved with Anoka County prior to issuance of a building permit, and (4) Approval of the various request. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 11, 1990• A. SPECIAL USE PERMIT SP #90-04 ,---TO ALLOW GARDEN CENTERS OR NURSERIES WHICH REQUIRE OUTSIDE DISPLAY OR STORAGE OF MERCHANDISE ON LOT 1 BLOCK 1, HOLIDAY_ NORTHi ST ADDITION GENERALLY LOCATED AT 250 57TH AVENUE N.E. (HOLIDAY PLUS STORE) BY HOLIDAY COMPANIES:- Ms. OMPANIES:Ms. Dacy, Planning Coordinator, stated thl-s-is a request by Holiday Plus to relocate the garden storage aha from the northeast corner to the southeast corner of their,ui'lding. She stated access would only be from the inside o':' __C'_1"th tore. Ms. Dacy stated the Plan. ' g Commission recommended approval of the request subject to en stipulations. She stated in regard to Stipulation No./4 for the development of a long-range site improvement pl_ for the rear of the building, a letter was received from the petitioner objecting to this stipulation. She stated/Mf. Dave Hoeschen from Holiday Companies is here this eve g to address this issue. 1E FRIDLEY CITY COUNCIL MEETING OF A 11990 PAGE 3 Councilman Schneider �se�dMs. Porter he would be interested in hearing from he d gais calling card. PUBLIC ING• 1. gUBLIC HEARING ON REZONING REQUEST. ZOA #90-01, TO REZONE FROM R-1. S NGLE FAMILY DWELLING, TO C-1. LOCAL BUSINESS. GENERALLY LOCATED AT 6443 EAST RIVER ROAD N.E. . (SPUR STATION) , BY MURPHY OIL COMPANY: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:54 p.m. Ms. Dacy, Planning Coordinator, stated this parcel is located at Mississippi Street and East River Road. She stated the site is currently zoned R-1 and is adjacent to the south of the existing Spur Station. She stated the proposal is to rezone this parcel to C-1 and demolish the existing structures on the property and construct a new convenience store/gas station. Ms. Dacy stated the advantage of rezoning the existing single family lot is to provide a greater area for adequate screening and a buffer from neighboring residential uses. Ms. Dacy stated the petitioner is also requesting a special use permit and variance in conjunction with the rezoning of this parcel. She stated the public hearing this evening only addresses the rezoning issue. Ms. Dacy stated a neighboring property owner voiced concern about retaining the sidewalk along this intersection. She stated one of the stipulations of the special use permit is that a five foot concrete sidewalk must be maintained. She stated the entrances will also be moved to the south, as far as possible from the intersection, and understands the County has approved this plan. Ms. Dacy stated there would be a six foot fence along the east and south boundaries constructed on the inside of the existing vegetation. She stated the petitioner is submitting a new landscaping plan. Ms. Dacy stated the Planning Commission has recommended approval of the rezoning with the following two stipulations: (1) approval of the special use permit and variance requests; and (2) the parcels shall be combined into one tax parcel. Ms. Dacy stated the ordinance for this rezoning, as well as the special use permit and variance requests, will be presented to the Council at the same meeting, April 23, 1990. 1F FRIDLEY CITY COUNCIL MEETING OF APRIL 9. 1990 _ PAGE 4 No persons in the audience spoke regarding this proposed rezoning. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:58 p.m. OLD BUSINESS• 2. ORDINANCE NO. 946 AMENDING SECTIONS 7.04 7.05 7.0 AND 7. 09 OF THE FRIDLEY CITY CHARTER: MOTION by Councilman Schneider to waive the rea ing and adopt Ordinance No. 946 on the second reading and or er publication. Seconded by Councilman Fitzpatrick. Upon a voic vote, all voting aye, Mayor Nee declared the motion carried una imously. 3 . RECEIVE BIDS AND AWARD CONTRACT FOR PU CHASE OF TWO 2 PARK DIESEL TRACTORS AND BROOMS: MOTION by Councilman Fitzpatrick to rec ve the following bids for the two park diesel tractors and broo Isanti County Equipment $39,863.50 (B se Bid) Optio I - $7,870. 00 (Brooms & Hdw. ) Opti II - $1,892.00 (2 Wing Plows) Option III - $4,462. 00 (Trade-in) TOTAL ID - $45, 163 .50 Scharber & Sons, Inc. $4 ,700.00 (Base Bid) Option, I - $10,824 .00 (Brooms & Hdw. ) Option II - $ 3,800.00 (2 Wing Plows) Option; III - $ 9,400.00 (Trade-in) TOTAL BID - $45,924.00 Seconded by C uncilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor a declared the motion carried unanimously. Mr. Flora, Public Works Director, stated two bids were received for the park diesel tractors and brooms. He stated Isanti Equipment had the low base bid for the tractors, accessory equipment, and trade totaling $45, 163.50. He stated Scharber & Sons Inc. 's bid f r the tractors, optionalaccessory equipment, and trade-in tota d $45,924 . 00. Mr Flora stated $44,000 was budgeted for the two tractors, therefor, both bids including all options are in excess of the FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1991 PAGE 2 OLD BUSINESS: 1. ORDINANCE NO. 977 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #90-01, BY MURPHY OIL COMPANY) : MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 977 and adopt it on the second reading and order publication. Seconded by Councilman Schneider. Councilman Schneider stated that construction has begun on this site and questioned whether this should be allowed before the final reading of the rezoning ordinance. Ms. Dacy, Community Development Director, stated that only a portion of the parcel was rezoned, and the entire site received a special use permit and variance for construction of the facility. She stated that a permit was issued to begin clearing and grading of the site, but the County wanted a storm sewer connection to the proposed pond. She stated that the City has received a letter from Murphy Oil petitioning for these storm sewer improvements, waiving their right to a public hearing, and agreeing to pay the assessments for the project. Councilman Schneider stated that his concern was if the rezoning was denied, what would happen to the construction that has already been completed. Ms. Dacy stated that if this happened a stop work order would have to be issued. She stated that in this case all stipulations were in order, and staff did not foresee this type of problem. Councilman Schneider stated his concern is that a precedent may be set by allowing construction to begin before the second reading of the rezoning ordinance. Ms. Dacy stated that in the future, staff will make sure this does not happen. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RECEIVE PETITION NO. 5-1991 FROM MURPHY OIL DATED SEPTEMBER 18, 1991 REGARDING STORM SEWER IMPROVEMENTS: MOTION by Councilwoman Jorgenson to receive Petition No. 5-1991 from Murphy Oil regarding storm sewer improvements. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Arid CITYOF F14DLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450• FAX (612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE October 1, 1991 Murphy Oil Company Gary Andelin 4600 West 77th Street, #304 Minneapolis, MN 55435 Dear Mr. Andelin: On September 30, 1991, the Fridley City Council officially approved your request for a rezoning, ZOA #90-01, to rezone from R-1, Single Family Dwelling to C-1, Local Business, on Lot 33 , Revised Auditor' s Subdivision No. 23 , Anoka County, Minnesota, except that part described as follows: Commencing at the Northeast corner of said Lot 33 ; thence West along the North line of said Lot 33 , 125. 43 feet, more or less, to the East line of the East River Road, as the same is now laid out and constructed; thence Southeasterly along the Northeasterly line of said East River Road 55 feet; thence Northeasterly a distance of 114 .4 feet, more or less, to a point on the East line of said Lot 33 , said point being distant South 22 . 1 feet from the Northeast corner thereof; thence Northwesterly along the Northeasterly line of said Lot 33 , 22 . 1 feet to the point of beginning together with that portion of the Northeasterly one-half of the East River Road included within the extension of the Northerly and Southerly lines of this description, according to the recorded plat thereof and situated in Anoka County, Minnesota, and subject to an easement for road purposes as described in Document Number 332565, generally located at 6443 East River Road N.E. , with the following stipulations: 1. Approval of the special use permit and variance requests. 2 . The parcels shall be combined into one tax parcel . Murphy Oil Company October 1, 1991 Page 2 If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by October 15, 1991. Concur with action taken �. 9 1294 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a rezoning, ZOA b 0-01 - REZONING Murphy Oil Company , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 30th day of September , 19_21—, on a petition for rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To rezone from R-1 , Single Family Dwelling to C-1 , Local Business (see attached for legal description) , generally located at 6443 East River Road. IT IS ORDERED that rezoning be granted as upon the following conditions or reasons: Two stipulations. See City Council meeting minutes of September 30, 1991 . Stipulations are listed on Action Taken letter. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting rezoning with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Frid ey, Minnesota, in the County of Anoka on the �G ' _ day of C,,JQ.,MA16A AA 19--2z= DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. VAPALA, CITre"OLIERK f.- (SEAL) FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1991 P"E 2 OLD BUSINESS• 1. ORDINANCE NO. 977 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS REZONING REQUEST, BY:= MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 977 and adopt it on the second reading and order publication. Seconded by Councilman Schneider. Councilman Schneider stated that construction has begun on this site and questioned whether this should be allowed before the final reading of the rezoning ordinance. Ms. Dacy, Community Development Director, stated that only a portion of the parcel was rezoned, and the entire site received a special use permit and variance for construction of the facility. She stated that a permit was issued to begin clearing and grading of the site, but the County wanted a storm sewer connection to the proposed pond. She stated that the City has received a letter from Murphy Oil petitioning for these storm sewer improvements, waiving their right to a public hearing, and agreeing to pay the assessments for the project. Councilman Schneider stated that his concern was if the rezoning was denied, what would happen to the construction that has already been completed. Ms. Dacy stated that if this happened a stop work order would have to be issued. She stated that in this case all stipulations were in order, and staff did not foresee this type of problem. Councilman Schneider stated his concern is that a precedent may be set by allowing construction to begin before the second reading of the rezoning ordinance. Ms. Dacy stated that in the future, staff will make sure this does not happen. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RECEIVE PETITION NO. 5-1991 FROM MURPHY OIL DATED SEPTEMBER 18 1991 REGARDING STORM SEWER IMPROVEMENTS: MOTION by Councilwoman Jorgenson to receive Petition No. 5-1991 from Murphy Oil regarding storm sewer improvements. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. f w c. CITY OF FRIDLLY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450• FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE October 1, 1991 Murphy Oil Company Gary Andelin 4600 West 77th Street, #304 Minneapolis, MN 55435 Dear Mr. Andelin: On September 30, 1991, the Fridley City Council officially approved your request for rezoning, ZOA #90-01, to rezone from R-1, Single Family Dwelling to C-1, Local Business, -on Lot 33, Revised Auditor's Subdivision No. 23 , Anoka County, Minnesota, except that part described as follows: Commencing at the Northeast corner of said Lot 33 ; thence West along the North line of said Lot 33 , 125.43 feet, more or less, to the East line of the East River Road, as the same is now laid out and constructed; thence Southeasterly along the Northeasterly line of said East River Road 55 feet; thence Northeasterly a distance of 114.4 feet, more or less, to a point on the East line of said Lot 33, said point -being distant South 22 . 1 feet from the Northeast corner- 'thereof; thence Northwesterly along the Northeasterly line of said Lot 33 , 22 . 1 feet to the point of beginning together with that portion of the Northeasterly one-half of the East River Road included within the extension of the Northerly and Southerly lines of this description, according to the recorded plat thereof and situated in Anoka County, Minnesota, and subject to an easement for road purposes as described in Document Number 332565, generally located at 6443 East River Road N.E. , with the following stipulations: 1. Approval of the special use permit- and variance requests. 2 . The parcels shall be combined into one tax parcel. Murphy Oil Company October 1, 1991 Page 2 If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by October 15, 1991. Concur with action taken + c?!��_�g�. umericai Grantor Grantee Recorded Checked ?; Margin / 3> Tr. lnde C OFMCE OF COUNTY NOORM STATE OF NINNEWTA,COM OF AN M I hereby aff ft Mat Gee within hmu. "wd was feed In Ibis MW for rawrd ( �o'dor9c QhL, and was duly racordad n.oae B City of Fridley 6431 University Ave NE Fridley Mn 55432 Community Development ORDINANCE NO. 977 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 does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to stipulations adopted at the City Council meeting of April 23 , , 1990.. SECTION 2 . The tract or area within the County of Anoka and the City of Fridley and described as: Lot 33 , Revised Auditor's Subdivision No. 23 , Anoka County, Minnesota, except that part described as follows: Commencing at the Northeast corner of said Lot 33 ; thence West along the North line of said Lot 33, 125.43 feet, more or less, to the East line of the East River Road, as the same is now laid out and constructed; thence Southeasterly along the Northeasterly line of said East River Road 55 feet; thence Northeasterly a distance of 114 .4 feet, more or less, to a point on the East line of said Lot 33 , said point being distant South 22 . 1 feet from the Northeast corner thereof; thence Northwesterly along the Northeasterly line of said Lot 33 , 22 . 1 feet to the point of beginning together with that portion of the Northeasterly one-half of the East River Road included within the extension of the Northerly and Southerly lines of this description, according to the recorded plat thereof and situated in Anoka County, Minnesota, and subject to an easement for road purposes as described in Document Number 332565, generally located at 6443 East River Road N.E. (Spur Station) . Is hereby designated to be in the Zoned District C- 1 (Local Business) . SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-1 (Single Family Dwelling) to C-1 (Local Business) . 1A Ordinance No. 977 Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 30TH DAY OF SEPTEMBER 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: April 9, 1990 First Reading: April 23 , 1990 Second Reading: September 30, 1991 Publication: October 9, 1991 1B City ofIrmley DINANCE N0.-97T ORDiN 10 AMEND T*e.C(TY VDE- OFTHE OF FRIDLEY,MINNESOTA 0 KING A CHANGE IN Z ING DISTRICTS The Cott i of the City of Fridley does or- dain ascot $ECTi 1 Appendix D of;,the„City'Code Of amended as WoUiafter,in- d1cated. Be and reby rezoned sub to#Wla- tions` of the City Coultl tlmeeting Of April The tract or arga Within the County of ni ka and the City of;Fridley.and desdirLot{33bkd a ised Auditor's Subdivisioh'tdo. 23,Atloka o ty,Minnesota,except thafi.Aart des ►ibad s follows: Commencing,at the Northoo# o er of said Lot 33;thence.West .aldity The h I[ne of said Lot 33,125.43 feet, mora or I ss to the East line of the East kW*r lloa 4 s the same is now laid out and construct hence Southeasterly along the ,or 1 line of said East River Road SS feet;then ortheasterly a distance of 114.4 feet,more less,to a point on the East line ofseld said point being distant South 22.1 feetthe Northeast cornet-thereof; thence N' sterly along the Northeasterly. line of sal 33,22.1 feet to the point d be- glr,Mng t e her with that portion of the Nara ly one-half of the East,River,Road included w h n the extension of the Northerly and South rl lines of this description, ac- cording to h recorded plat thereof and situ- ated in A a County,Minnesota,and subiect to an ease t for road purposes a5:describ- ed in Doc t Number 332565;generally;lo- cated at East River Road N.E,#put Station). is Trp d signaled to be in"ionedHls- trict(5=F( iBusiness). 5Hi0TJ N.3. That the E'oniny,Ad- ministrat I -directed to change the official zoning me t P show said tract or arra 34:Le rezoned f Dri i Zoned District R-1-'(Single Family Dm PHing)toC-1(Local Business), PASSED A 9D ADOPTED BY THE CITY COUNCIL J=THE CITY OF FRIDLEY THIS 30TH DAY FSEPTEMBER,199L WILLIAM EE-MAYOR ATTEST: SHIRLEY APALA-CITYCLERK Public He fro;:April 9,1990 First Read g Apri123,1990 Second Rei i :September 30,1991 Publicati tober911"1 -. 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