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Misc DocsATTOR N EY AT LAW SUITE 500 BROOKDALE TOWERS 2810 COUNTY ROAD 10 MINNEAPOLIS, MINNESOTA 55430 May 15, 1975 CITY OF FRIDLEY City Hall 6431 University Avenue N. E. Fridley, Minnesota 55432 ATT: Darrel Clark Dear Darrel: Subject: Request by Meridian Corporation for Variances The petitioners, I believe, indicated as follows at the public hearing before the Board of Appeals the evening of May 13, 1975: 1. That they would be agreeable to placement of extensive land- scaping on the site. 2. That they would be agreeable to the construction of a berm along the entire length of the building adjoining Lincoln Street. 3. That the entire building would be brick and that there would be no garbage and refuse containers or storage areas to the rear of the building. Accordingly, if you and the engineering staff can satisfy yourself that the following events will occur, then Five Sands Development will withdraw its objection to these variances: 1. Extensive landscaping plan filed with engineering and performance bond. 2. Berm along rear of building at least 6 feet above present ele- vation of Lincoln. 3. Buffer planting on top of said berm. 4. Building all brick. 5. No variances with respect to sign ordinances. CITY OF FRIDLEY - 2 - May 15, 1975 6. No pole -type lighting to glare at night into the residential property windows. 7. No garbage or refuse containers to the rear of the building. 8. All blacktop adjoining green area to be separated by a concrete curb and gutter. 9. No left turn onto East River Road. I would appreciate it very much if you would advise me as to whether these above elements will be incorporated into your recommendations to the Building and Standard Committee and to the Council, so that I can decide whether or not to appear at these two meetings. I would prefer not to have to attend any additional meetings if I can be assured of your cooperation in exercise of appropriate judgment relative to protection of the adjoining residential and multifamily property from this unique and isolated commercial lot. V Yo urs, Richard H. dali RHF:LQ hz MERIDIAN CORPORATION `paniaaco`aa�6 • ..Uew`o�e� • �,,xo/�cleola 15 SOUTH NINTH STRICT �. Su1Tt 310 MINN[APOUS. MINNESOTA 515402 PHOH[: (612) 339-7287 July 9, 1975 Mr. Warren Caldwell 16015 -9th Ave. North Wayzata, Minn. 55391 Dear Warren: conversation with you, this will confirm that As per my recent conegotiating with relative to the East the parties we have been neg have expressed their River Road site (that is 7-11 and others) disinterest in the site without direct access from East River Road. Their experience, they indicate, dictates avoidance of such a site as it has a tendency to discourage shoppers by indirect access. If the entire highway had limited access to all frontane, the shopper reaction would be different, but where app individual basis, they believe it psychologically detrimental. Based on the above experience of extremely successful national retailers such as 7-11 Food Stores and others, we would be interested in exercising our option to purchase the property. We believe the site is not marketable without access from East River Road, especially with a longfrontage The other conditions and the rezoning imposed by the City of Fridley are acceptable to us. We hope the city will allow access from East River Road with a deceleration and acceleration lane. If you have any questions, please call me. DMN/]r cc: Dave Nordale Sincerely, TION HISTORY OF 7899 EAST RIVER ROAD 6-12-75 1956 Zoned eral Multiple Dwelling when 1st zoning ordinance was adopted. .Jan. 1960 Ordinance 139 changed Lrom Goileral.� Ui1rip1P naval link to• C -2S J2 --April, 1964 Owned by Pearson's as far back as our records go. Sold to Super America by Persons. Mar., 1969 Planning Commission recommended approval - ZOA - Committee of Five Apr.,1969 P.H. before Council on ZOA - Cmte. of Five (Became Five Sands) May 19,1969 1st Reading of Ordinance for rezoning .hely 7,169 Ordinance 424 for Live Sands rezoning, July 21,169 General concept approval Five Sands complex . Aug.21,'69 BSDC approved complex with stipulations Sept.2,169 Council approved complex concept subject to pending court case (conflict of interest) P Sept.16,169 Falkenstein 4 Caldwell purchased corner from Super America Oct.6,169 Bldg. permit on 1st 2 bldgs for Five Sands —Nov.3,169 Recodified zoning code (Ordinance 441) May 18,170 Ordinance 456 SAV for Five Sands Nov.18,170 Planning Commission recommended denial of preliminary plat P.S. 70-04 - Five Sands Dec.7,170 Five Sands withdrew preliminary plat request Feb.1,171 Additional 32 garages for complex approved subject to stipulations Feb.11,171 Five Sands purchased from Pearson's March 10,171 BSDC recommend approval of Five Sands recreational bldg. March 15,171 Council approved recreational bldg. -June 9,171 Planning Commission P.H. - recommend denial of Skelly Oil SP #71-08 July 19,171 P.H. before Council - Skelly Oil SP Aug.2,171 Denied March 13,172Disc. at Council re: Falkenstein vs. City of Fridley - N.A. _Apr.3,172 it it. it u n n n rr N.A. Apr. 10,' 72 n it if n n rr rr n N.A. Oct.16,172 Approved Five Sands Plat #72-05; correction of error in plat Further information re lawsuit in City Attorney's hands = our files stop here June,17S Corner still owned by Falkenstein as per County Still zoned C -2S ?`•y ��� :�y\3o �'�`' � cn �,e ' i•/�-�!.' �,'�' bci v) �� l3 Z (/ / I° - • h' '4� •y 1 "1{{� . T•�/3d 3`�! �~--\�,-cr.�,.` �`\�--•_ ? �c e / s�F l �� - .•JI 3/ �9 .- '; t� S r. u ;FI Ica' Cto el-I �45 F-lz P lip 4c 97 PrA 10 Z�A We 1 't 1, 130 -. _� 4 .2f �.:. C ;y� , a`��'.eSt s dN �" \ �♦ �• { `r h o At Cl 44" .01 63' Jr OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOIM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, May 13, 1975 to consider the following matter: A request for variances of the Fridley City Code as follows; - Section 205.103, 4, A2, to reduce the setback for the main structure from a public right of way, from the required 80 feet to 54 feet along __ -i s 3,5 79th Avenue (north lot line) Section 205.103, 4, A2, to reduce the setback for the main structure from a public right of way, from the required 80 feet to 54 feet along East River Road (south lot line) Section 205.103, 4, A2, to reduce the setback for the main structure from a public right of way, from the required 80 feet to 20 feet along L�-*@ 124- _- —4 (east lot line) 1KGGt-ri T, Section 205.103, 4B, to reduce the side yard setback from the required 15 feet to 10 feet along the south lot line Section 205.104, 1, E2, to allow off street parking to be within 5 feet of the front lot line instead of set back the required 20 feet Section 205.103, 4, C2, to reduce the rear yard setback from the required 25 feet to -20 feet Section 205.103, 6B, to reduce the setback from the boundary line of another zoning district (R-3) from 50 feet to 10 feet (south lot line) ',""""M:�V.-rw.p„,.at►)roer.?"Deis's.i'7NY'?M�+Xv�I=°'epT•'!veA+NeW�"q"4` ORDINANCE NO. 139 / ( AN ORDINANCE TO AN 'ND THE L ZONING ORDINANCE OF THE CITY OF FRIDLEti, 3IIYNE- SOTA BY MAKING A CHANCE IW- THE ZONING DI8TRI(,"I'8. The Council of the City of Fridley do ordain as follows: SP CTION 1. Ordinance No. 70 of the City of Filfiey known as the Zoning Ordinance and adopted on December 29th, 1955, is amended as hereinafter indicated. SECTION 2. The tract or area with- in the County of Anoka and City of Fridley and described as: East 310 of that part of Sl/2.ttf Section 3, T-30, R-24, lying be- tween the Great Northern Rail- way right-of-way and the east line of East River Road and south of 79th Avenue is hereby design- ated to be. in zoned district known as M-1,Light Industrial. SECTION 3. The tract or area with, in the County of Anoka and City of Fridley and described as: that part of S1/2 of Section 3,- T-30, Range 24, lying between the Great Northern railroad. right-of-way and the east line of the East River Road and Soutlr of 79th Avenue, except the ease 310 feet thereof is hereby design - at A to be in the zontrl dis+ttct • known as C-24, General Shopilhig Center. �RU'1 ii)N 4. That the ZoninK Ad- ministrator is directed to change the official zoning map to show said tract or area from zoned district R -L' and: \[-1 to zoned district C-".yy, General Shopping Center and , -1, Light Industrial: PASSED BY THE CITY COUNCIL. CITY OF FRIDI.1•:Y, THIS 11 DAY OB' JANUARY, 1900 F, 11, WAGNER CITY \IANAGP:h FRANK 1.4%. t1RAN4:IS MAYOR First. heading December 31, 1959 -tecond heading January 11, 19641 News: January 14, 1960 ORDINANCE NO. 424 i AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as herein- after indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 1 through 6, Block 2, Pearson's 1st Addition together with that tract described as follows: Beginning at the most southerly corner of Lot 1, Block 1, Pearson's 1st Addition • thence northeasterl and easterly Y along the southerly line of said Pearson's 1st Addition to the southwesterly line of the Great Northern Railroad Company right of way; thence southeasterly along said southwesterly right of way line to a point 606.60 feet northwesterly of the southerly line of --m—.td south half of Section 3, as measured along said southwesterly right of way line; thence westerly, parallel with said south line of the south half of Section 3, to the northeasterly corner of Outlot A, Pearson's 2nd Addition.; thence continuing westerly and southwesterly along the northerly line of said Pearson's 2nd Addition to the northeasterly right of way line of East River Road; thence northwesterly along said northeasterly right of way line to the point of beginning, all lying in Section 3, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota Is hereby designated to be in the Zoned District known as R -3A (multiple dwellings only). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area from Zoned Districts R-3 (general multiple family dwellings), C -2S (general shopping areas) and M-1 (light industrial areas) to R -3A (multiple dwellings only). PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7TH DAY OF JULY, 1969. MAYOR - JACK O. KIRKHAM ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: April 7, 1969 First Reading: May 19, 1969 Second Reading:^ July 7, 1969 Publish.......: July 16, 1969 .f �♦ �r ��, a .. ;, � `��' �l : :. � wf, , 0�4 ,.• oN V � '.rroZ � "t .._ .�'ty- �� .YA+' $S 1'*} 1 • $ ire q ,/� `y Op z• F, �' +,' IN.f; ' rt � +.y • v des ! w a f16 1 N ! 4 eQ� `4� " y a k °t 1 ��e, ra efty;0 J i O • z 4 cC do`t� Frr S 01 cry , � ; •o j`(t ^+ .'r) i 'x' I"� _,. ti wa ,� J :•i •- " �iY •W `'' NU.f. L F-1J1.,.T F r♦;;;1. � Q Z SOA ¢.. Y• 5 , Additional question to find out_ `'. �:' ` , Qaar s ► �, id Super America ': ,., � � .• � �,.,. ��S '� "` � ca e ver apply for a bldg \ i M i•..Y na_q o permit $ if so, when? th �• b hh�� " INJ c a- DH7-,& D ...... � � N 7-0 i4. t i 0,4 4Ll ,�.? 6p �� /,16./ �n i=� �,•4...� -- :p y � � ^ to � ��' '' • �. • ` 1�Tp o /Ao 00f w cc. Richard Sobiek, Dave Noyes Dave Nordale Public Works Director 16015 9th Avenue North Wayzata, Minnesota 55391 July 14, 1975 Mr. Nasim Quershi City Manager City of Fridley Fridley, Minnesota 55432 Dear Mr. Quershi: This letter is to inform you of our desire to cooperate with the City of Fridley Council in our attempt to obtain a building permit for the Meridian Corporation. It is our understanding that additional demands will be made by the Council in order to possibly obtain ingress and egress from E. River Road. This has to do with installation of accelleration and decelleration lanes along E. River Road. We have a working agreement with the Meridian Corporation as to expenses involved with this installation. I believe they have or will have drawings in your hands by Council meeting time on July 21, 1975. We are in agreement to rezoning only if we can obtain direct access from E. River Road, and we would be agreeable to right turn traffic only in exit to E. River Road. It is our understanding that this could possibly be worked out. On the assumption that Meridian Corporation will purchase our site, we are petitioning for rezoning on behalf of Meridian Corporation, based on the previously submitted plot plans, and only if ingress and egress along E. River Road is granted by the Council. This site would have little value with no access along E. River Road. We solicit your help in this matter. Sincerely, Warren N. Caldwell Owner W NC:pmu S t f e� X -1 - ., 560-3450 CitI®rXe ANOKA COUNTY 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55432 Mr. Dave Nordale Meridian Corporation 15 South 9th Street Minneapolis, MN 55403 July 29, 1975 Re: Meridian Development - 79th Way N.E. and East River Road Dear Mr. Nordale: The City of Fridley has discussed the design of the entrance into the referenced development from East River Road with Anoka County. The following list of items are required (see attached map). 1) A 12 foot wide bituminous deceleration lane with a 2 foot gravel shoulder. 2) Deceleration lane to extend southward from the south radius of the driveway entrance for 100 feet and then taper at 15:1 to tie back into the existing roadway. 3) Typical section shall consist of 8" Class V base, 1" asphalt binder course (MHD 2341) and 12" asphalt wearing course (MHD 2341). 4) All construction shall be in accordance with the Minnesota Department of Highways Standard Specifications for Highway Construction,dated January 1, 1972 and as amended by Supple- mental Specification for Highway Construction dated January 1, 1974. 5) Dedication of easements to the City as noted on the attached map. If further information is required, please call our Public Works Department. We will await correspondence from you regarding your intentions to proceed with the development. Yours very truly, Richard N. Sobiech, P.E. RNS/im Public Works Director Enc. Y C 61oka CUIf11rf� ;Vepartfrellt O -t� hW s f 9 � Paul K. Ruud, Highway Engineer Anoka County Court House - Anoka, Minnesota 55303 Telephone: 612-421-4760 July 29, 1975 City of Fridley`` 6431 University Avenue • Fridley, Ifinnesota 55432 A Attention: Richard Sobiech 4 Subject: Intersection: 79th Way & C.S.A.H. Gentlemen: The request from the City of Fridley for the upgrading of 79th Way N.E. and C.S.A.Ii. ;''-'1 has been presented to the IIighway Committee and to the County Board. The County Board directed the County Engineer to undertake a study of this intersection, includin- the items that were included in the Highway Committee Report, a copy of which is attached. In addition to this general action, we have discussed the specific problems raised by the proposed development at the southeast corner of this intersec- tion. To confirm the discussion held in your office on July 28, 1975, we re- (iuest that the following items be included in the improvements to be made by the developer: 1. Provide an additional ten (101) foot aide strip of ri,lit-of- �:ay ":Ion, ;.5. �.'l. `1, :,!us sufficicat r' of-..: for tL?C future free -right turn lane. 2. Construct a deceleration lane with a minimum length of 100 feet, measured from the southerly property line of said par- cel, toy ether with a 15:1 tapered section. 3. Deceleration lane to have a ten (101) foot wide paved sur- face with a two (21) foot wide shoulder. 4. The construction of the deceleration lane to consist of an eight (811) inch thick base of Class 5 gravel and a three City of Fridley July 29, 1975 pace 2 (311) inch thick bituminous paver laid mat. 5. Shoulder to be surfaced with three (311) inches of Class 5 Gravel. Ile will maintain contact with you during our study and will provide you an Opportunity to supply information to be used in the study. Very tr ly yours Paul K. Ruud, P.E. " Anoka County Engineer MR: l ah Enc 1. cc: Commissioner IlLike O'3annon a:- HIGWAYS COMRITTEE REPORT FOR THE JULY 22, 1975 COUNTY BOARD MEETING Committee meeting held on July 14, 1975, at 7:20 P.M. in the Commissioner's Room of the Anoka County Courthouse, Anoka, Minnesota. Committee Members Present: Commissioner's Burman and Fields Other Commissioners Present: Commissioner O'Bannon Staff Present: Paul Ruud, Bud Redepenning and Dale Winch Unless otherwise noted, all action items were approved unanimously. ACTICN IT,—:,IS: 1. The Committee recommends final payment to the Metropolitan Council, in the amount of $1,200.00, for the County share of the Northtown Corridor Study. 2. The Committee recommends award of the bid for the second half of the seasonal requirements for steel sign posts to the low bidder, Gopher Stamp & Die Company, based on their bid of $12,630.00. 3. The Committee recommends authorizing the County Engineer to proceed with the necessary right -of. -way for the construction of S.P. 02-607-10 (Faherty's Bridge over the Run River on C.S.A..H. ;T7). 4. The CoAam4 ttee recommends that the County Engineer be authorized to Advertise for Bids for S.P. 02-607-10 (Faherty's Bridge) upon receipt of notice to proceed from the State Department of Highways. (Tentative bid date October 1, 1975.) 5. The Committee recommends that the County Engineer be authorized to Advertise for Bids for a new notor grader to replace the Galion motor grader, which will be traded in. 6. The Co=, ittee reco-mnends that the revised estimate for the installation of the traffic signal system at the corner of 37th .avenue N.E. and East River Road be accepted, and the County Engineer be authorized to notify the City of Minneapolis to proceed with the installation. INFO'u•IATION II.TI.IS: 1. The Committee referred the request from the City of Fridley for the con- struction of a safety improvement project at the intersection of 79th May N.;. and East River road (C.S.A.H. ;`1) to staff for study. This study to specifically consider design of intersection, additional right-of-way re- quirements, access, pattern of service roads, traffic volumes for signal warrants and the effect of the suggested improvement on the F.A.U. funding pro,iram. INF07d!ATION ITEMS: (Conti d.) 2. The Committee discussed the request from the City of Coon Rapids for a study of the installation of a traffic signal system at the inter- section of Egret Blvd. and Coon Rapids Blvd. (C.S.A.H. YI). The staff was directed to proceed with the study to determine warrants, and the effect of improvement on the F.A.U. funding program. 3. The request from the City of Lexington and a property owner, Mrs. Kirkpatrick, for the installation of driveway access to Lots 8, 9 and 10, Lexington Park, adjacent to C.S.A.H. :;M, be referred back to staff for further study. Study to include legal aspect of access rights pur- chased by Minnesota Highway Department when the road was designated as T•1: �i } E � \ i. I (ZOOP7, WO N47;M Ow-' V S my V ;:::7 1Z 6A 0 0 Ln M to o Lf) N r LO N M It Ln Ln a 0 Uj z z_ r LLJ J 0 CC LL Q W 0 z LU D Z LL Q } Cr LU D M cc LL F - z W U _U U Mr. David Noyes Meridian Corporation 15 South 9th Street Minneapolis, Mn 55403 Dear Mr. Noyes: August 26, 1975 Re: Building Permit for 7899 East River Road The City Council at their August 18, 1975 meeting has approved the construction of your building at 7899 East River Road with the attached 14 stipulations. The building permits for this building will be issued when we receive the necessary easements and a signed zoning request to rezone from C -2S (General Shopping Areas) to C -IS (Local Shopping Areas) as required under stipulations 12 and 13. (see attached material). If you have any questions, please feel free to call me at 571-3450. JLB/de Attach: 2 cc: Dave Nordale Sincerely, R OLD L. BOARDW Planning Assistant 1. 2. 3. 4. S. 6. 7.. 8. CITY COUNCIL RECOMMENDED APPROVAL OF THE DEVELOPMENT AS PROPOSED BY MERIDIAN CORPORATION AT THE INTERSECTION OF 79TH WAY AND EAST RIVER ROAD WITH THE FOLLOWING STIPULATIONS: Extensive landscaping on the site; plan filed with Planning Department. Berming to be of sufficient height to protect the residents from automobile lighting. (as indicated -on the plans) Additional plants (as marked on the plans). Entire building would be brick. Buffer plantings incorporated with berm. Lighting focused down so as not to shine into the residential property owner's windows. All blacktop adjoining green area to be separated by poured concrete curbing. No egress from the development onto East River Road; ingress only. 9. Refuse area should have solid screen, no gate opening onto the service drive, the portion not being used for refuse storage and handling to be used for plantings. 10. Sidewalk connection constructed to Lincoln Street. If an agreement cannot be reached between Meridian and Fudali, the sidewalk connection should be constructed anyway, but only on Meridian's property. This will offer property protection from nearby residents. 11. Parking moved down to 20 feet to pick up additional room to enable cars to face in instead of against each other. 12.. Applicant will petition the City for rezoning -from C -2S to C-1 and there will be no contest on zoning change in future. 13. Easements to be dedicated to City of Fridley as noted on attached map. 14. Applicant will construct a deceleration lane from the driveway abutting East River Road to the south. The decelaration lane is to be a 1.2 foot wide bituminous section with a 2 foot gravel shoulder and is to extend southward from the driveway entrance 100 feet southward fromthe south radius and then taper at 15:1 to tie back into the existing roadway. The typical section shall consist of 8" Class V base, 12" asphalt binder course (M1D 2341) and 12" asphalt wearing course (MHD 2341). All con- struction shall be in accordance with the Minnesota Department of Highways Standard Specifications for Highway Construction dated January 1, 1972, and as amended by Supplemental Specification for Highway Construction dated January 1, 1974. RNS/jm 8-5-75 W HCl R':-� )u Ne-0- w,r��l OFFICE OF THE CITY MANAGER CITY OF FRIDLEY MEMO NO. DS -266 Respond by: 9/18/75 (MEMORANDUM FROM THE CITY MANAGER Cont. to: • TO: PUBLIC WORKS DIRECTOR DATE: AUGUST 28, 1975 RE: PROPER REVIEW ON 711 STORE AT THE SOUTHEAST CORNER OF EAST RIVER ROAD AND 79th Please see that we get a good plan from the applicant for proper landscape berm and traffic flow because of the special concern in the neighborhood. Also see that all stipulations are complied with and we have adequate assurance or bonds before the store starts operation. Thank you for your assistance. NMQ/ms 9/19/75 - Prior to issuance of building permit an application for rezoning and easements must be supplied. We will not issue the building permit until these are in hand. RNS/ j m 0 r J i CHRONOLOGICAL ORDER (1965 to October 1976) OF CORRESPONDENCE ON EAST RIVER ROAD REGARDING SAFETY NEEDS, AND ACTIONS TAKEN 3-15-65 Resolution #51-1965, authorizing improvement of East River Road. 12-16-66 Memo fron City Engineer to City Manager preliminary plans for foot bridges over East River Road. 3-15-67 Minutes of the Safety Committee recommending a safety study of East River Road be started, and an acceleration lane needed for Hartman Circle on to East River Road. 4-19-67 Acceleration lane put in for Hartman Circle. 10-31-67 Letter from City Engineer to County Engineer to acquire Mobile Gas property at Mississippi Street and East River Road to construct a safer intersection. 12-8-67 Public Hearing notice concerning East River Road and Mississippi St. 6-4-68 Letter from County Engineer to City Engineer, did not think that the channelization of East River Road and Mississippi Street would work, ' but something could be worked out. 2-23-68 Letter from City Engineer to County Engineer, recommending the elimination of all left hand turns on East River Road, have signals at all intersections and devise a plan to work torwards a better East River Road in the future. Memo to Chief of Police from City Engineer containing same information as above letter. 4-4-68 Letter from City Engineer to Robert Burman containing a copy of Resolution #45-1968, the improvement of Mississippi Street and East River Road intersection. 6-25-68 Letter from County Engineer to City Manager, plan for channelization of East River Road and Mississippi Street intersection. 11-20-68 Letter from Kenney Realty to County Engineer, showing a different proposal for the improvement of Mississippi Street and East River Road. 1-20-69 Speedy memo from Chief of Police to City Manager and CC. to City Engineer, explained what type of signals would be allowed by the state for school crossings. 5-29-69 Letter and memo from County Administrator to City Manager on views of the improvement of East River Road. 9-23-69 Letter from School District #14 to City Administration, stating the school district will pay for electrical cost of signals at Stevenson Elementary School. Page Two 9-25-69 Letter from City Engineer to LaMaur, Inc. informing them of the East River Road Traffic Study and that their problem of a traffic signal located at their entrance and East River Road is being checked into. 9-24-69 Letter from County Engineer to LaMaur, Inc. stating the same information in the letter of 9-25-69 of City Engineer. 10-8-69 Memo from Chief of Police to City Manager and City Council, reporting of dangerous road grade at East River Road and I-694. 10-15-69 Letter from City Engineer to County Engineer, requesting a temporary traffic signal at the Stevenson School entrance. 10-15-69 Letter from Ma)tr to the District #5 Hwy Department reporting of the hazordous grade -at East River Road and I-694, recommended improvement of the grade along this part of East River Road for better visability. 10-16-69 Letter from County Engineer to City Engineer containing a copy of the letter from School District #14 dated 9-23-69 11-6-69 Letter from Hwy. District #5 to City Engineer, telling of arrangement for signals at East River Road and I-694, telling of the City's financial and maintenance responsibilities. 11-20-69 Letter from City Engineer to Hwy. District #5, acceptance of the financial and maintenance responsibilites for signals mentioned in their letter of 11-6-69. Giving go ahead for installatin of signals. 1-30-69 Letter and agreement copies from District #5 to City Engineer for City to sign on traffic signals at East River Road and I-694. 2-19-70 Letter from City Enginner to District #5, returning of agreement signed by City for signals at East River Road and I-694, and copy of Resolution No. 25 (signed 2-16-70). 3-4-70 Letter from Maurice Filister's lawyer to City Engineer in regards to more traffic, signals needed at East River Road and I-694. 4-6-70 Memo from City Manager to Chief of Police asking for information on the safety of the trees in the medians along East River Road. 4-7-70 Memo from Chief of Police to City Manager replying tonemo of 4-6-70, giving statistics from 1968 - 1970 for the accidents in relation to the trees, concluded that the poor street lighting is the problem. 5-1-70 Letter from Filister's lawyer to axother lawyer of the same firm. Filister's lawyer met with the City and no definite decision will be made on the signal by Georgetown Apartments until the complete study of East River Road is completed. . -6v ...A _. -70 • 6-17-70 Letter from City of Minneapolis to City Engineer, would like to know of the possibility of Minneapolis and Fridley participating in the installation of traffic signals at 37th Avenue and East River Road. 7-3-70 Speedy memo from City Engineer to Chief of Police, requistinggpertinent information on.accidents at 37th Avenue and East River Road. 7-3-70 Lt. Rick reply to City Engineer's memo of same date, (answering for Chief of Police ) gave list of accidents from 7-63 to 12-69. Lt. Rick's observations was failure to yield or improper turning at this intersec- tion. 7-3-70 Letter from City Engineer to County Engineer telling of the new interest by the City of Minneapolis for a signal at 37th and East River Road. (Copy of Minneapolis' letter included) 7-6-70 Res. #134-1970, approving improvement project on E.R.R. 4 adjacent streets between I. 694 & Rice Creek 7-7-70 Letter from Co. Engr. to City of Mpls. proposing an agreement between Mpls, Fridley and the County for installation of traffic signals at 37th 4 E.R.R. 8-5-70 Letter from State of MN to City Mgr., explaining the resupply point at the junction of E.R.R. $ I. 694. 9-2-70 Letter from L. Juster (atty.) to City may., stating the City can lawfully spend money on traffic signals not within the City limits if it is to the benefit of the City. 9-8-70 Res. 173-1970 - Approving Agmt. between City and Anoka Co. Dept. of Hwys. regarding the design on an advance TOPICS project between N. connection to F.A.I. 694 & Rice Creek in Fridley on Co. S.A. Hwy. No. 1 1-18-71 Summary of installations cost of signals on E.R.R. $ all intersections. 2-2-71 Memo from City Engr. to City Mgr. & Council on E.R.R. Safety Improve- ments and related work between I. 694 & Rice Creek. 3-1-71 Res. 22-1971 - Requesting Anoka County Commissioners to reduce the impact of through traffic on E.R.R. in Fridley Res. 23-1971 - Requesting Anoka Co. to proceed with improvements. 3-26-71 Letter from City Engr. to Co. Engr., consideration of the cross streets on E.R.R. for drainage when repaving E.R.R. 4-1-71 Letter from State of MN to Co. Hwy. Engr., the changing of speed limits on E.R.R. 7-21-71 Memo from City Mgr. to C. Liebl, stop sign marking on E.R.R. and intersection of Mississippi Street 1-31-72 Letter from Bather, Ringrose, Wolsfield, Inc. proposed improvement of E.R.R.& Mississippi Street imtersection. 7-18-72 Letter from Darrel Clark to Mrs. Elaine Hartman, telling of the restricted sight distance at NW corner of Craigway $ E.R.R. due to fence. 8-8-72 Letter from Co. Engr. to C. Mgr., agmt. with City of Mpls., City of Fridley, and Anoka County on the traffic Page Four signal at 37th Avenue and East River Road. 9/7/72 Agreement between City of Fridley and Anoka County; Whereas, the County has undertaken a project of an improvement project of a portion of C.S.A.H. #1, from 200 feet North of 622 Way (Sta. 51+00), to Rice Creek (Sta. 80+81). 10/24/72 An agreement between the City of Minneapolis, County of Anoka and City of Fridley, to mutually install a traffic control signal device at the intersection of 37th Avenue NE and East River Road. 11/4/72 Letter from State of Minnesota to Clyde Moravetz, regarding inquiry by Mr. Moravetz on Sarasota Traffic Control Equipment. 2/12/73 Letter from City Engineer to County Assistant Engineer requesting guard rails along East River Road. 2/13/73 Letter from Anoka County in regards to letter of 2/12/73. 2/14/73 Same as above. 2/23/73 Memo from James Hill to City Manager on East River Road Enforcement Program. 3/2/73 Memo from City Engineer to City Manager and City Council on East River Road Safety Improvements, Accomplishments, Future Needs and Plans. J 3/7/73 Newsclipping on East River Road engineering "Who's Fault?" 3/12/73 Letter to County Engineer from City Engineer explaining highlights and copies of the memos dated 2/23/73 (Hill) and 3/2/73 (Engineer). 3/12/73 A letter from City Manager to County Engineer regarding the East River Road Safety Improvement plans and needs. 3/30/73 Memo to City Manager and Council from City Engineer regarding Status Report of Safety Improvements on East River Road. 11/15/73 Improvement Project relating to Anoka County -Fridley Agreement dated 9/7/72 completed. 1/4/74 A letter from Jack Anderson to City Engineer about East River Road - Anoka C.S.A.H. #1 from I-694 to Mississippi Street in Fridley Traffic Safety Study. 1/4/74 Memo to Mayor & Council from City Manager about new traffic safety study on East River Road from I-694 to Mississippi Street. 6/12/74 Petition No. 10-1974 from Harold J. Belgum to departments having to do with bicycle path construction along East River Road from Mississi- ppi Street to Osborne Road. 3-27-75 C. Mgr. Memo DS 183 Re: Traffic Signal on E.R.R. (traffic problem in vicinity of 37th to 43rd Ave.)Att. Letter from Kordiak & memo from Colbert. 6/13/75 A letter from Public Works Director to Mr. Sporre informing him that the safety improvements regarding East River Road and 79th Way will be considered at the Council meeting of June 16th, 1975. Page Five 6-16-75 Res. 83-1975 - Requesting Anoka County Commissioners to approve safety improvement projects for E.R.R. at 79th Way C. Mgr. Memo DS 236 Re: Status report on traffic signal $ safety improve- ments at Georgetown intersection on ERR; inquiry by Mayor Nee 6-20-75 Letter to Anoka Co. Commissioners from C. Mgr. concering the safety Improvement project on E.R.R. at 79th Way 7-7-75 Agmt. between Anoka Co. $ Fridley; Whereas County has undertaken an improvement project for a portion of C.S.A.H. #1 from 700' N. of I.694 to 125' N. of Charles Street. (Includes estimated cost). 7-29-75 Letter from Co. Engr. to Fridley acknowledging receipt of Resolution and improvement plan. 10/25/75 Updated accident survey from 1959 to October 1976 prepared by Clyde Moravetz; type, place, time of fatal accidents, and action taken or needed to correct the situation. 2/10/76. A letter from Anoka County Engineer to City Manager preparing the Project Submittal forms for FAU funding for 1976, 1977, and 1978. 6/9/76 Improvement Project relating to Anoka County -Fridley Agreement dated 7/7/75 completed. 9/16/76 A letter to Anoka County Engineer from Public Works Director and City Manager regarding East River Road improvement; Charles Street to 64th. /0- al. - - G c�JM 10/25/76 E.R.R. Fatal Accident Survey; 1959 to Oct. 22, 1976 3 SGCL®rpora tiOlt 2100 SILVER LAKE RD. SAINT PAUL, MINNESOTA 55112 636-0200 September 8, 1977 Richard N. Sobiech Public Works Director City of Fridley 6431 University Avenue NE Fridley, Mn. 55432 Re: R. C. E. Corporation Development — 7899 E. River Road Dear Mr. Sobiech: We have explored all of the possibilities regarding the question about the entrance from East River Road and find that we must proceed with the application as submitted. Therefore, please place this matter on the September 12th City Council for final determination. Very truly ours, )� R. C. Ernst, President R. C. E. Corporation RCE: mej �"1 9 %6C Corporation 2100 SILVER LAKE RD, SAINT PAUL, MINNESOTA 55112 636.0200 September 12,,1977 To Honorable Mayor City Gouncil From: R. C. E. Corpora,�ion Re: River Road Plaza �s East River Road/ 799 Honorable Mayor and Council: We have expended considerable effort in attempting to develop a plan for the project which would satisfy some of.the concerns expressed by the City Council at the April lith meeting. We have been unable to perfect the Site Plan and therefore we request that the plan be reviewed and approved on its own merits. We offer the following facts upon which the Council can establish positive action: 1. The project when completed will have a value of approx— imately $250,000.00 and will yield an equitable tax return to the City in exchange for services required. 2. The project will provide employment opportunities to residents in the immediate neighborhood. 3. The building will cover only 17o of the land area whereas the Zoning Ordiance allows as much as 40A land coverage. 4. The development will serve as a cc.- �nience to the neighborhood by permitting easy acctz:ss to daily shop— ping and service needs. 5. We believe a hardship was establis-cI when land to the South and East was rezoned frog: moo::. er., to Multiple and therefore the variances arE w,:, -ranted. 6. The plan as proposed is nearly identical to the plan apt roved in 1975. Very trul.;T ,T , R. C. Ernst, President R. C. E. Corporation ATTORNEY AT LAW SUITE 500 BROOKDALE TOWERS 2810 COUNTY ROAD 10 MINNEAPOLIS, MINNESOTA 55430 4. (61.;) 567-78e8 September 12, 1977 To: City of Fridley From: Five Sands Development, a Minnesota Limited Partnership Gentlemen: Five Sands is the Owner of that 295 unit complex in Fridley commonly known as the Meadow Run Apartments. Five Sands is in favor of the development proposed by R.C.E. Corporation regarding the corner of East River Road and 79th. way. That is with the understanding that the development is as per the Site Development Pian and Landscape Plan prepared by Fischer Engineering Inc. on 3/14/77. The ingress/egress to East River Road s shown on that plan is the only feasible fashion of handling the traffic flow to and from the proposed Convenience Center. It is impossible to have Five Sands grant an easement over its property due to the Five Sands financing. (eg, HUD insured mortgages and not possible to obtain Partial Releases). Undoubtedly several variances are in order to accomplish the proposal. It seems resonable to grant the ordinance variances as without variances one could not build much more than a rabbitt hutch. ,/-'"Very truly yours, Richard H. F dale 2U 16015 9th Avenue North Wayzata, Minnesota 55391 November 9, 1977 Mr. Nasim Qureshi City Manager City of Fridley Fridley, Minnesota 5502 Dear Mr. Qureshi: I would like to request time at your November 21, 1977 Council Meeting to discuss the building permit for my property on the SF corner of Fast River Road and 79th Way. It is my understanding, through discussions with Mr. Sobiak, that Fridley would like to rezone the property prior to issuing the permit. I would agree to the rezoning but would like to have the permit issued as soon as possible, subject to the rezoning. This would allow me to consumate my dealings sith my prospective buyer prior to next Spring and also protect you on the rezoning. Approximately one year ago your council agreed to handle the issuance of this permit "subject to" the rezoning. This item should be covered in the ItOld Business" portion of the council meeting. Thank you. Sincerely, Warren N. Caldwell //-/X-7,2 PUBLIC WORKS MAINTENANCE DIVISION CITY OF FRIDLEY MEMO TO: Clyde Moravetz, Engineering Division MEMO FROM: Rusty Silseth, Sewer Section Foreman MEMO DATE: December 13, 1978 SUBJECT: Manhole South of 79th Avenue on East River Road The manhole which the 7 -Eleven store plans to tie into will be in the south end of the driveway. I would like to have it brought to grade. To do so, the cone section would have to be re- moved, and a two foot riser would be installed; also, a cone put on top of the riser. The rest could be adjusted with two inch rings. This should be done before any grading is done. RS: ik ti'April 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 Mr. Dick Ernst R.C.E. Corporation 2100 Silver Lake Road St. Paul, MN 55112 Re: 7899 East River Road N.E. Dear Mr. Ernst: Upon routine inspection of the premises at 7899 East River Road it was noted that the parking lot driveway and right turn lanes are not done according to the plan and are not acceptable; 1. The north driveway is breaking up and an improper tie-in was made to 79th Way. 2. The right turn lane is not long enough and needs more material along the east side. Please contact our Engineering Department for instructions and another joint onsite inspection. Sincerely, DARREL G. CLARK Chief Building Official DGC/mh CC: Dick Sobiech, Public Works Director 7 P 9 9 _ e0 -w" 1' -*, CITY OF FRIDLEY $431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( $12)571-3450 poration lver Lake Road ghton, Minnesota 55112 July 8, 1981 To Whom It I•lay Concern: On October 26, 1978, Building Permit #14985 was issued for the construction of the building located at 7899 East River Road in Fridley, Minnesota, at that time, and on August 5, 1975, the Fridley City Council approved this development with the stipulations enumerated on the enclosed sheet. It is for this reason that I am writing you. On a recent inspection of this property, it was noted that landscaping and parking lot screening that was agreed to be done three years ago, had not been completed. The City of Fridley requests that you complete those itens by October 1, 1981. Please contact me, so that the City Staff can approve this additional landscaping. You can reach me at 571-3450, ext. 166. Thank you for your time and cooperation of this matter. Sincerely, Kent Eugene Hill, Economic Development Assistant KEH/bd CITY OF FRIOLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 RCE CORPORATION 2100 Silver Lake Road New Brighton, MN 55112 TELEPHONE ( 612)571-3450 August 10, 1981 Subject: Non-compliance of the Fridley City Code To Whom It May Concern: A letter from the City of Fridley dated July 8, 1981 informed you of a situation on your property of a non-compliance to the Fridley City Code. I am writing to remind you that this situation has not been corrected as requested in our initial letter. It is desired that the specified non-compliance to the Fridley City Code receive your earliest attention. Your property will be re -inspected after thirty days of the date of this letter, to observe any action you have taken to be in commpliance with the Fridley City Code. If corrective action cannot be initiated during this period, please call me at the Fridley Civic Center, 571-3450, ext. 166, to discuss this matter in further detail. Thank you for your time and consideration of this matter. REH bld Sincerely, Sent Eugene Hill Economic Development Assistant CITY OF FRIOLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 rte,_ Richard Ernst RCE Corporation 2100 Silver Lake Road New Brighton, MN 55112 May 28, 1982 Subject: Non-compliance of the Fridley City Code at 7899 East River Road Dear Mr. Ernst: TELEPHONE ( 612)571-3450 The citizens of Fridley have published a City Code which establishes minimum standards necessary to maintain a pleasant, safe and healthy suburban environment. It is through the compliance of this Code that the City can attain those values so essential for continued growth and development. It is for this reason that I am writing to you. During 19811, I contacted you regarding various items of non-compliance of Chapter 205 of the Fridley City Code. Many of these items are still in need of your attention, and your quick action to correct these deficiencies would be appreciated. I understand that extenuating circumstances may exist, but this situation needs to be resolved. If corrective actions cannot be initiated within the next few weeks, or if you have any questions concerning this matter, please call me at 571-3450, extension 166. Thank you for taking time to consider this matter and for your continued cooperation in making Fridley a safe, healthy and pleasant suburb in which to live and work. Sincerely, Rent Eugene Hill Economic Development Assistant REH/bd 7/3/3 /lif_,�.Q.s��,-�.� �_ - � mos'' �.�-�✓ � , F2 �? r 0� _ e n (� 1 If Z ----p e, -t - Ldr - S- Z t CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 Cutting Room Only 91 7899 East River Road N.E. Fridley, MN 55432 TELEPHONE ( 612)571-3450 Re: Displaying a Wall Sign Without Obtaining a Sign Permit Dear Sirs: It was confirmed by an on-site inspection on May 2.7, 19.82 that you were displaying a sign, advertising your business, on the above listed address. A review of our records has determined that a sign permit was not applied for or issued to erect this sign. The inspection did determine that the exsti ng sign would probably comply with the size requirements of the City Sign Code. Therefore, to make the existing sign a "legal" conforming sign, all that is, needed is to have the enclosed sign permit application completed, signed and returned to the City offices with the appropriate fee. We would appreciate your prompt attention to this matter and would expect that the application will be received on or before June 14, 1982. If there are any questions or problems as a result of this letter, please feel free to call on me at 571-3450. Sincerely, STEVEN J. OLSON, R.S. Environmental Officer SJO/mh ENC: 1 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 Pizza Town 7891 East River Road N.E. Fridley, 124 55432 TELEPHONE ( 612)571-3450 Re: Displaying a Wall Sign ;-Iithout Obtaining a Sign Permit Dear Sirs: It was confirmed by an on-site inspection on June 9, 1982 that you were displaying a wall sign, advertising your business, on the above listed address. A review of our records has determined that a sign permit was not applied for or issued to erect this sign. The inspection did determine that the existing sign would probably comply with the size requirements of the City Sign Code. Therefore, to make the existing sign a "legal" conforming sign, all that is needed is to have the enclosed sign permit application completed, signed and returned to the City offices with the appropriate fee. lie would appreciate your prompt attention to this letter and would expect that the application will be received on or before June 28, 1982. If there are any questions or problems as a result of this letter, please feel free to call on me at 571-3450. Sincerely, STEVEN J. OLSON, R.S. Environmental Officer SJO/mh ENC: 1 r. ,,3 s . `K ,e a June 15, 1982 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 The Print Center 7897 East River Road N.E. Fridley, IAN 55432 TELEPHONE ( 612)571-3450 Re: Failure to Get a Sign Permit Prior to Displaying a wall Sign at 7897 East River Road N.E., Fridley, PRI (SE0011D NOTICE) Dear Sirs: Enclosed please find this department's letter dated May 28, 1982 which brought to your attention the need to apply for and receive a Sign Permit for the wall sign advertising your business. As indicated, a reinspection was conducted on June 2, 1982 to determine compliance. At this time the sign continues to be displayed and the necessary sign permit application has not been received by this department. Therefore, the City would expect that either the sign be removed, or the enclosed application be completed, signed and returned with the appropriate fee. This must be accomplished on or before June 28, 1982, at which time a reinspection will be conducted to determine compliance. Failure to abate this violation will result in this matter being turned over to the City Prosecutor for his legal consideration. Sincerely, STEVEN J. OLSON, R.S. Environmental Officer SJO/mh ENC: 2 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 The Print Center 7897 East River Road N.E. Fridley, MN 55432 TELEPHONE ( 612)571-3450 Re: Displaying a Wall sign Without Obtaining a Sign Permit Dear Sirs: It was confirmed by an on-site inspection on May 27, 1982 that you were - displaying a sign, advertising your business, on the above listed address. A review of our records has determined that a sign permit was not applied for or issued to erect this sign. The inspection did determine that the existing sign would probably comply with the size requirements of the City Sign Code. Therefore, to make the existing sign a "legal" conforming sign, all that is needed is to have the enclosed sign permit application completed, signed and returned to the City offices with the appropriate fee. We would appreciate your prompt attention to this matter and would expect that the application will be received on or before June 14, 1982. If there are any questions or problems as a result of this letter, please feel free to call on me at 571-3450. Sincerely, ST E J. +OISON, R.S. Environmental Officer SJO/mh ENC: 1 ATTORNEY AT LAW 500 BROOKDALE TOWERS 2810 COUNTY ROAD 10 MINNEAPOLIS. MINNESOTA 55430 (6121 561-1888 October 4, 1982 CITY OF FRIDLEY 6431 University Avenue N. E. Fridley, MN 55432 ATT: Bill Nee, Mayor Dear Sir: I am one of the General Partners of Meadow Run Apartments. Next to the Meadow Run Apartments is a shopping center, which I believe is owned by either Dick Ernst, or a corporation controlled by him. When Mr. Ernst went into the City Council to get the variance permit, I believe that he filed certain plans and made various representations with respect to landscaping. A landscaping bond should have been required, but probably was not. Prior to Ernst getting the variances, he requested that I consent to the variances, on behalf of Meadow Run Apartments. I indicated to Ernst I would do that if he would promise to buffer the back of the building with landscaping because the back of the building is the area that my tenants have to drive back and forth next to on a day-by-day basis. Ernst promised that he would do so. Several years have gone by and Ernst has planted nothing. I have made many complaints to the City of Fridley, requesting that your landscaping standards be enforced, particularly to Kent Eugene Hill. Meanwhile, Mr. Hill contacted my managing agent, citing the Fridley Code and requesting us to plant landscaping necessary for district separation. We were requested, for the first time to do that, in October of 1981, and although at that point Meadow Run Apartments was almost 10 years old, I promptly complied with the request in May of 1982, planting screening along the entire perimeter of where our apartments adjoin East River Road. To date, Mr. Ernst has done nothing with respect to my requests and with respect to his promises relative to my requests and with respect to his promises to Mr. Hill. CITY OF FRIDLEY - 2 - October 4, 1982 I had a telephone conversation with Mr. Ernst, on July 20, 1982, wherein he promised to do this planting. The easterly end of the Ernst property is full of these ugly gas meters and the like. We have a situation wherein the City insisted that I do certain planting and I promptly did it. The City was threatening Meadow Run Apartments with violation of City Code. I believe it is reasonable to expect that the City enforce its ordinances equally against all people. I believe that Kent Hill has not been aggressive enough in enforcing the City Ordi- nance against Mr. Ernst. I will expect that if the City expects Meadow Run Apartments to comply with ordinances it must very truly start enforcing those ordinances against other parties such as Mr. Ernst. I will look forward to your response to this matter containing a description of what you intend to do as far as Mr. Ernst is concerned. Very truly yours, Richard H. Fudali RHF:LQ cc: RICHARD ERNST c/o RCE Corporation 2100 Silver Lake Road New Brighton, MN 55112 NASIM QURESHI, City Manager City of Fridley 6431 University Avenue N. E. Fridley, MN 55432 ✓KENT HILL Economic Development Assistant City of Fridley 6431 University Avenue N. E. Fridley, MN 55432 October 8, 1982 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 Richard Ernst c/o RCE Corporation 2100 Silver Lake Road New Brighton, MN 55112 Dear Nr. Ernst: TELEPHONE ( 612)571-3150 On October 26, 1978, building permit #14985 was issued for the construction of a building located at 7899 East River Road in Fridley. The Fridley City Council approved this development with the enclosed enumerated stipulations. Several of these items pertaining to landscaping and screening of the parking lot have not been completed. I have sent you three letters during 1981 and 1982, have talked with you several times on the phone, have left telephone messages for you to contact me, which you have not done, and have arranged two meetings, which you have cancelled, in order to talk with you about this situation. The City has also received several complaints from adjoining property owners regarding your property and the lack of compliance with previous agreements and of the zoning code. The City has given you ample opportunity to either correct the situation or show just cause for the continued delay in the completion of the development. Please be advised that you have until November 15, 1982, to finish the project according to plans on file at the City or show just cause for the non -completion of this project. If the work is not completed, or you have not responsed in writing indicating just cause for non -completion by November 15, 1982, this matter will be turned over to the City Prosecutor for legal action. If I can assist you in this matter, please contact me at 571-3450, ext. 166. Sincerely, Rent E. Rill Economic Development Assistant KEH/bd 2/1/9/1 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPMONE ( 612)571-3450 February 15, 1983 Pizza Town Restaurant 7891 East River Road N.E. Fridley, MN 55432 Flashing Sign at 7891 East River Road N.E., Fridley, MN Dear Sirs: It was confirmed by an on-site inspection on February 10, 1983 that the above listed property had a window sign advertising "Miller Beer" that was flashing. Section 214.031, F, of the Fridley Sign Code, states that a flashing sign is prohibited in all zoning districts of the City. Therefore, the City must require that the flashing sign either be removed or have the lighting adjusted to be on continuously. A reinspection will be conducted on or about February 28, 1983 at which time it would be expected that corrective action will have been completed. We are confident in your cooperation and if any questions or problems arise from this letter, please feel free to contact me at 560-3450. Sincerely, STEVEN J. OLSON, R.S. Envirorimental Officer SJ 0/mh GCW� ATTORNEY AT LAW 500 BROOKDALE TOWERS 2810 COUNTY ROAD 10 MINNEAPOLIS, MINNESOTA 55430 (612) 561-1886 June 21, 1983 CITY OF FRIDLEY 6431 University Avenue N. E. Fridley, MN 55432 ATT: Bill Nee, Mayor Dear Sir: I am enclosing copy of letter which I wrote you on October 4, 1982, regarding the land and building adjacent to the Meadow Run Apartments. I have not as yet had the courtesy of your response to my letter of October 4, 1982. Mr. Ernst has not yet planted anything along the easterly end of his property. As the general partner of 295 apartment units in the City of Fridley, I would think that you would give my inquiries some attention. May I please hear from you. your , 7Richair Fudali RHF:LQ Enclosure From the desk of NASIM QURESHI CITY MANAGER'S OFFICE MEMORANDUM JF -184 DATE: June 24 1983 0 TO ACTION INFO SUBJECT: John Flora � Letter from R.H. Fudali, re Landscaping of Land and Building Adjacent to Meadow Run Apt. Please review the attached letter and take appropriate action. Please advise on why corrective action hasn't been taken on this item. Let's agressively pursue this to get compliance. Thank you for your assistance. NMQ/ms CC: Mayor Nee TO: City Manager DATE: July 1, 1983 We have rnet with the property owner and obtained agreement that he will initiate planting and completion of the original development stipulation by July 15, 1983. If no action is taken we will tag the property for non-compliance with our Zoning Code. We didn't respond to Mr. Fudali's letter of October 4, 1982, nor to his recent letter of June 21, 1983. Within Mr. Fudali's claims there was no agreement with the city to landscape the rear (east) side of his development. We have discussed this item with Mr. Ernst and should get some landscaping in this area when he does the front portion. JGF/mc T0: City Manager DATE: August 8, 1983 The plantings have been made at 7899 East River Raod. We were also able to have them add additional plantings at the rear of the structure. If desired, we can prepare a response to Mr. Fudali JGF/mc MEMO TO: John Flora, Public Works Director MEMO FROM: Steve Olson, Environmental Officer MEMO DATE: June 30, 1983 REGARDING: 7899 East River Road N.E. After reviewing all the available information on this property, it appears to me that of all the stipulations that were placed on the construction of this shopping center, only items 1 and 5 were not complied with. These items called for the planting of trees and shrubs as per the submitted landscape plan. Bill Deblon and myself met with the property owner, Mr. Dick Ernst, on June 30, 1982 at 9:00 a.m. We impressed upon him the need to complete the landscaping of this property in accordance with the approved landscape plan. He is supposed to contact a nursery and bring back a plan to Bill as soon as possible. Although the original landscape plan does not call for anything other than sod in the green area east of the building, we are trying to get some plantings in this area. Mr. Ernst was told that the City does expect that the plantings would be started before July 15, 1983• We also reminded him of the need to care for these plants since the City would require the replacement of any that die. Bill and myself will be watching the proprty to see that the work is accomplished. If there are any questions, please contact me. SJO/mh CITY COUNCIL RECOMMENDED APPROVAL OF THE DEVELOPMENT AS PROPOSED BY MERIDIAN CORPORATION AT THE INTERSECTION OF 79TH WAY AND EAST RIVER ROAD WITH THE FOLLOWING STIPULATIONS: Iv -4' 1. Extensive landscaping on the site; plan filed with Planning Department. Berming to be of sufficient height to,protect the residents from automobile �. lighting. (as indicated on the plans) 3. Additional plants (as marked on the plans). 4. Entire building would be brick. S. Buffer plantings incorporated with berm. 0,e 6. Lighting focused down so as not to shine into the residential property owner's windows. 0/—" 7. All blacktop adjoining green area to be separated by poured concrete curbing. 0,C 8. No egress from the development onto East River Road; ingress only. OK 9. Refuse area should have solid screen, no gate opening onto the service drive, the portion not being used for refuse storage and handling to be used for plantings. 10. Sidewalk connection constructed to Lincoln Street. If an agreement cannot r) ; be reached between Meridian and Fudali, the sidewalk connection should be constructed anyway, but only on Meridian's property. This will offer property protection from nearby residents. 11. Parking moved down to 20 feet to pick up additional room to enable cars to face in instead of against each other. 12. Applicant will petition the City for rezoning from C -2S to C-1 and there will be no contest on zoning change in future. • 1 Easements to be dedicated to City of Fridley as noted on attached map. deceleration lane from the driveway 14. Applicant will construct a Y abuttin 8 East River Road to the south. The decelaration lane is to be a 12 foot wide bituminous section with a 2 foot gravel shoulder and is to extend southward from the driveway entrance 100 feet southward fromthe south radius and then taper at 15:1 to tie back into the existing roadway. ^� The typical section shall consist of 8" Class V base, 111" asphalt binder course (MiD 2341) and 131" asphalt wearing course (M-iD 2341). All con- struction shall be in accordance with the Minnesota Department of Highways Standard Specifications for Highway Construction dated January 1, 1972, and as amended by Supplemental Specification for Highway Construction dated January 1, 1974. RNS/jm a dc7 N 8-5-75 ATTORNEY AT LAW 500 BROOKDALE TOWERS 2810 COUNTY ROAD 10 MINNEAPOLIS, MINNESOTA 55430 ( 612) E�61 -1888 June 21, 1983 CITY OF FRIDLEY 6431 University Avenue N. E. Fridley, MN 55432 ATT: Bill Nee, Mayor Dear Sir: I am enclosing copy of letter which I wrote you on October 4, 1982, regarding the land and building adjacent to the Meadow Run Apartments. I have not as yet had the courtesy of your response to my letter of October 4, 1982. Mr. Ernst has not yet planted anything along the easterly end of his property. As the general partner of 295 apartment units in the City of Fridley, I would think that you would give my inquiries some attention. May I please hear from you. your , Richar Fudali RHF:LQ Enclosure ATTORNEY AT LAW 500 BROOKDALE TOWERS 2810 COUNTY ROAD IO MINNEAPOLIS. MINNESOTA 55430 16121 561.1880 October 4, 1982 CITY OF FRIDLEY 6431 University Avenue N. E. Fridley, MN 55432 ATT: Bill Nee, Mayor Dear Sir: I am one of the General Partners of Meadow Run Apartments. Next to the Meadow Run Apartments is a shopping center, which I believe is owned by either Dick Ernst, or a corporation controlled by him. When Mr. Ernst went into the City Council to get the variance permit, I believe that lie filed certain plans and made various representations with respect to landscaping. A landscaping bond should have been required, but probably was not. Prior to Ernst getting the variances, he requested that I consent to the variances, on behalf of Meadow Run Apartments. I indicated to Ernst I would do that if he would promise to buffer the back of the building with landscaping because the back of the building is the area that my tenants have to drive back and forth next to on a day-by-day basis. Ernst promised that he would do so. Several years have 4gone jby� a�ndu Est -r nhas . planted rothi ng { 0,.,.r i,, :_ �s 4--_4 - I have made many complaints to the City of Fridley, requesting that your landscaping standards be enforced, particularly to Kent Eugene Hill Meanwhile, Mr. Hill contacted my managing agent, citing the Fridley Code and requesting us to plant landscaping necessary for district separation. We were requested, for the first time to do that, in October of 1981, and although at that point Meadow Run Apartments was almost 10 years old, I promptly complied with the request in May of 1982, planting screening along the entire perimeter of where our apartments adjoin East River Road. To date, Mr. Ernst has done nothing with respect to my requests and with respect to his promises relative to my requests and with respect to his promises to Mr. Hill. CITY OF FRIDLEY - 2 - October 4, 1982 I had a telephone conversation with Mr. Ernst, on July 20, 1982, wherein he promised to do this planting. The easterly end of the Ernst property is full of these ugly gas meters and the like. We have a situation wherein the City insisted that I do certain planting and I promptly did it. The City was threatening Meadow Run Apartments with violation of City Code. I believe it is reasonable to expect that the City enforce its ordinances equally against all people. I believe that Kent Hill has not been aggressive enough in enforcing the City Ordi- nance against Mr. Ernst. I will expect that if the City expects Meadow Run Apartments to comply with ordinances it must very truly start enforcing those ordinances against other parties such as Mr. Ernst. <2 .._look forward to your response to this matter containing a description of what you intend to`do"as-far as -,Mr. Ernst is concerned. Very truly yours, Richard H. Fudali RHF:LQ cc: RICHARD ERNST c/o RCE Corporation 2100 Silver Lake Road New Brighton, MN 55112 NASIM QURESHI, City Manager City of Fridley 6431 University Avenue N. E. Fridley, MN 55432 KENT HILL Economic Development Assistant City of Fridley 6431 University Avenue N. E. Fridley, MN 55432 MEMO TO: John Flora, Public Works Director MEMO FROM: Steve Olson, Environmental Officer MEMO DATE: June 30, 1983 REGARDING: 7899 East River Road N.E. After reviewing all the available information on this property, it appears to me that of all the stipulations that were placed on the construction of this shopping center, only items 1 and 5 were not complied with. These items called for the planting of trees and shrubs as per the submitted landscape plan. Bill Deblon and myself met with the property owner, Mr. Dick Ernst, on June 30, 1982 at 9:00 a.m. We impressed upon him the need to complete the landscaping of this property in accordance with the approved landscape plan. He is supposed to contact a nursery and bring back a plan to Bill as soon as possible. Although the original landscape plan does not call for anything other than sod in the green area east of the building, we are trying to get some plantings in this area. Mr. Ernst was told that the City does expect that the plantings would be started before July 15, 1983• We also reminded him of the need to care for these plants since the City would require the replacement of any that die. Bill and myself will be watching the proprty to see that the work is accomplished. If there are any questions, please contact me. SJO/mh 4qv�__7 A ri.,��Q CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 August 12, 1983 Mr. Richard H. Fudali 500 Brookdale Towers 2810 County Road 10 _.. Minneapolis, Minnesota 55430 Subject: Landscaping Complaint, 7899 East River Road N.E. Dear Mr. Fudali: Your letter addressed to Mayor Nee regarding the above subject was forwarded to me for action and for a reply to you. The City staff has been working with Mr. Dick Ernst on satis- fying the zoning code landscaping requirements for some time now. The property has had plantings placed in the front, side and rear of the building in accordance to an approved land- scaping plan. I hope your neighbors's property has been brought up to the standard desired by you. Thank you. NMQ/ms CC: Mayor Nee Yours truly, Nasim M. Qureshi City Manager u �L LK vrn PINE CONE NURSERY _ 1 LANDSCAPING ,ri DATE: ESTIMATE -7 ,49 s(o- PLAN #: PLANT NO SIZE DESCRIPTION � QUAN. PRICE TOTAL LABOR PRICE i�1Z J.iU e:, ,:_� / fQ c 1 od r X �,,yo-,G^,;� �� � `•r' "`" � t � � U Al � � � { �.3 'r � kv l O .f U� NURSERY STOCK MATERIALS SUBTOTAL TAX TOTAL r�. GNOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E , FRIDLEY. MINNESOTA 55432 • PHONE (612) 571-3450 September 20, 1984 Meinke's Grocery Hut 7883 East River Road N.E. Fridley, MN 55432 Re: Banners, Pennants or Temporary Signs Being Displayed at 7883 East River Road N.E., Fridley, MN 55432 Dear Sirs: It was confirmed by an on-site inspection on September 19, 1984 that the above listed property was being maintained in violation of the Fridley City Sign Code Chapter 214. The inspection on that date found a temporary porta panel, advertising your business, being displayed on the property. The displaying of -Lay temporary signs, banners or pennants is permitted only after a fee exempt sign permit has been issued. In addition, the City Sign Code limits the displaying of these types of signs to only three (3), nonconsecutive, ten (10) day time periods per year. At this time, the City must require that either the temporary banner and price sign be removed or permits be applied for and issued that would allow you to continue displaying them. To determine compliance with this letter a reinspection will be conducted on or about September 25, 1984. The City is confident in your cooperation on this matter and if any questions or problems result from this letter, please feel free to call on me at 571-3450. Sincerely, STEVEN J. OLSON, R.S. Environmental Officer SJO/mh CITY OF FRIDLEY SIGN PERMIT APPLICATION OwnsSign Erector: Address: Address: Tet. No: S''2/- Tel. No: C �,p / 7 SIGN LOCATION Street No. ZSfy3&� _ -4,rest:_l"�� Zk,-�y Lot: Block: Addition: DESCRIPTION OF SIGN SIGN TYPE: *Miall **Pylon ***Roof Other: Length: Height: Constructed Of: Effective August 1, 1882 Temporary Sq. Ft. Illuminated: Estimated Cost:$$ / To Be Completed: SIGN MESSAGE: *Length of wall sign is to be placed on: Max. ALLow. Area: "Distance from Prop. Line: Inter./Dwy.: Sign Height: ***Roof Sign in Lieu of Pylon Sign ZONING: PERMIT FEES: Up to 40 sq. ft.= $24.00. More than 40 sq. ft.= $60.00 Add $.50 State Surcharge if sign is not illuminated. TEMPORARY SIGNS: Porte panels, banners, pennants, etc.= NO FEE POLITICAL SIGNS: $15.00 deposit, refunded when signs are removed. /a DI 1h,1x I STIPULATIONS Revolving beacons, zip flashers and similar devices including any sources of light which changes in intensity are prohibited. The undersigned hereby makes application for a permit for the work herein specified, agreeing to do alt work in strict accordance with the City of Fridley Ordinances and rulings of the Department of Buildings and hereby declares that ell the facts and representations �stated in this application are tru_W and correct. DATE •///��/ SIGNATURE: Arm W UlYOF FRlDLEY CIVIC CENTER • 6431 UNIVERSITY AVE N E . FRlDLEY. MINNESOTA 55432 • PHONE (612) 571-3450 January 22, 1985 Video Theater 7899 East River Road N.E. Fridley, MN 55432 Re: Banners, Pennants or Temporary Signs Being Displayed at 7899 East River Road N. E. Dear Sirs: It was confirmed by an on-site inspection on January 22, 1985 that the above listed property was being maintained in violation of the Fridley City Sign Code Chapter 214. The inspection on that date found a temporary porta panel being displayed on the property. The displaying of &y temporary signs, banners or pennants is permitted only after a fee exempt sign permit has been issued. In addition, the City Sign Code limits the displaying of these types of signs to only three (3), nonconsecutive, ten (10) day time periods per year. At this time, the City must require that the temporary porta panel be removed since the allowed usage quota has already been used. To determine compliance with this letter a reinspection will be conducted on or about January 28, 1985. The City is confident in your cooperation on this matter and if any questions or problems result from this letter, please feel free to call on me at 571-3450. Sincerely, otou Q64 DA G. CLARK Chief Building Official DGC/mh AW PLANNING DIVISION MEMORANDUM CITYOf FRIDLEY W. MD TO: Jim Robinson, Planning Coordinator !-EMO MOE,: Daryl Morey, Planning Assistant tEf,O MTE: June 25, 1987 RMPRDING: Comprehensive Sign Plan for the Riverboat Shopping Center at 7899 East River Road N. E. On April 30, 1987, we received a sign permit application from one of the tenants of the Riverboat Shopping Center at 7899 East River Road N.E. During the review process, I discovered that we did not have a comprehensive sign plan for the Riverboat. I talked to the owner of the Riverboat and a sign plan was sutx;.itted on June 22, 1987. The sign plan presented basically puts into words the uniform signage that currently exists on the site. The sign plan will go to the City Council on July 6 for approval. It is primarily a housekeeping matter. DM/ 11nn Yr -87-143 15 '= COMMUNITY DEVELOPMENT DEPARTMENT anroF FMDLEY MEMORANDUM MEMO TO: Jock Robertson, Cammunity Development Director MEMO MCC: Daryl Morey, Planning Assistant METIO DATE: July 16, 1987 RDGARDING: Comprehensive Sign Plan for the Riverboat Shopping Center at 7899 East River Road N.E. The comprehensive sign plan that was submitted for the Riverboat Shopping Center included in the drawings an 8 ft. by 4 ft. yellow readerboard sign. This porta-panel sign is owner by one of the tenants of the shopping center aria is used frequently by the tenants. The City defines this porta-panel sign as a temporary sign requiring a permit for each use. It should not have been included in the comprehensive sign plan. It has come to our attention that the approved landscape plan for this shopping center has not been fully implimented. A number of items on the landscape plan have yet to be installed, including shrubbery, edging, weed terrier anc rock mulch. Staff recommends that any future sign permits be contingent upon implimentation of these outstanding landscaping features. Iri/lrrn M-87-153 00, CITYOE FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 • PHONE 012) 571-3450 Wr_t ter KI us 7899 Fast River Road N. E. Fridley, M 55432 August 4, 1987 On July 22, 1987 the Fridley City Council officially approved your request for a aw.:prehensive sign plan for the Riverboat Shopping Center with the follaiing stipulations: V. The deletion of the words "plus the detached separate reader -board sign" under Item A-1 of the sign specifications and entirely delete Item A-2 of the sign specifications. 2. Aprrrcval of future sign permits are contingent upon implementation of the ..I x ;r; e0 1 ands cape plan for the shopping center; on file at City Hall .�r l� Ifou have any l y y questions regarding the above action, please call the Plaruiing Department at 571-3450. Sincerely, . 'lam '►'►:.�Q. ^ . `', C . `: � Llj - ti-' JaTies L. Robinson Planning Coordinator JI R/an, Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by August 18, 1987. Concur with action taken GTYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 • PHONE (612) 571-3450 October 13, 1987 Mr. Wal to r Y1 us 7899 East River Road Fridley, Mn. 55432 Re: Comprehensive Sign Plan Stipulations Dear Mr. Kl us : An inspection of your property at 7899 East River Raod revealed that you have not complied with one of the two stipulations attached to your Comprehensive Sign Plan. This item states that the approval of future sign permits are contingent upon the implementation of the approved Landscape Plan dated 7-28- As of 10-8-87, only part of the plan has been implemented. It is necessary that you install the following landscape improvements (see attached plan): 1. On the north side of the building plant 7 Viburnum Lentagos. Mulch and edge planting bed where indicated. 2. 3 Prunes Shubert, 10 - 14 Maney Junipers and one Summit Ash should be installed on the northeast side of the property. This planting bed should be mulched and edged. 3. The dead shrubs on the east side of the property need to be replaced. 4. Plant 5 Prunis Cistinia on the south side of the property where indicated in the landscape plan. 5. The planting beds on the west side of the property need to be mulched on edged. 6. 3 shrubs on the northeast corner of the lot are dying. They should be watched closely, and replaced if necessary. 7. In general all of the planting areas need to be weeded. This is necessary in order to maintain healthy shrubs and trees. I realize that extenuating circumstance may have kept you from completing the project, however it must be finished. I am requesting that these improvements be made this fall. If you are unable to do so, please let me know so we can set up a schedule for oompletion in the spring. Remember that Pa ge 2 7899 East River Road Comprehensive Sign Plan Sti pul ati ons the City holds the right to disapprove any future sign permits if this stipulation is not complied with. If you have any questions or concerns, please contact me at 571-3450, ext. 187. Thank you in advance for your cooperation. Sincerely, Kathlyn Castle Planning Assistant cc: Lisa Campbell C-87-515 CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 February 24, 1988 Mr. Walter R1 us 7017 Valley View Drive Edina, Mn. 55435 RE: Signage for the Riverboat Shopping Center, 78.99 East River Road Dear Mr. El us : Enclosed you will find information regarding the City Council's action on the Riverboat Cbmprehensive Sign Plan. It is unfortunate you were not aware of the Council's decision concerning this matter. Reconsideration of the Comprehensive Sign Plan is being scheduled before the City Council on March 7, 1988. At that time, your opinions can be heard. Staff submitted the Comprehensive Sign Plan to City Council for approval on July 6, 1987. This item was tabled do to a discrepancy in the plan. The plan was later submitted and then approved on July 20, 19d7 with two stipulations. These were: I. The deletion of the words "plus the detached separate reader -board sign" under item A-1 if the sign specifications and entirely delete Item A-2 of the sign specifications. 2. Approval of future sign permits are contingent upon implementation of the approved landscape plan for the shopping center; on file at City Hall. Section A-1 and A-2 were revised because of a technical discrepancy in sign definitions. Originally, the plan included the reader -board as a permanent sign which was to be used by tenants on a rotating basis. This was deleted because the reader -board is actually considered a porta-panel which is a temporary sign and should be regulated as one. The second item was attached as a stipulation because the property had never been landscaped as agreed upon. The original Building Permit for the property included a list of 14 stipulations which contained the implementation of the approved landscape plan. Minimal landscaping was installed at that time, but much remained to be completed. For the last lu years, the City has been working with the past owner of the property, R.C.E. Corporation, to install the landscaping. Unfortunatley our attempts have not been successful. This explains stipulation #2 to the Comprehensive Sign Plan. I ho this information will give you a / pe g y good bacKgroud of the situation. If I can be of any further assistance, please call. I can be reached at 571-3450. I hope we can work together in resolving this item soon. Sincerely, Kathlyn Castle Planning Assistant C-88-54 0 '= PLANNING DIVISION MEMORANDUM CINOF FRIDLEY MEND TO: Jim Robinson, Planning Coordinator City Council Members MEMO FROM: Kathlyn Castle, Planning Assistant REGARDING: Riverboat Center Comprehensive Sign Plan, 7899 East River Road MEND DATE: March 1, 1988 The new owner of Riverboat Center, Mr. Walter Klus, would like the Council to reconsider the Plaza'a Comprehensive Sign Plan which was approved on July 20, 1987. At that time Mr. Klus was not properly notified by City Staff of the meeting or the Council's decision. Council approved the Sign Plan for Riverboat Center with the following st ipul ati ons : 1. The deletion of the words "plus the detached separated reader board sign" under item A-1 of the sign specifications and entirely delete item A-2 of the sign specifications. A-2 states the readerboard sign will b used on a rotating basis by all tenants with maximum message time being 21 days. 2. Approval of future sign permits are contingent upon implementation of the approved landscape plan for the shopping center and are on file at City Hall. Sections A-1 and A-2 were revised because Council felt the plan contained a technical discrepancy in sign definitions. Originally the plan included the reader board as part of the freestanding sign and was therefore considered permanent. However, this was deleted because a reader board is actually considered a porta-panel which is a temporary sign and should be regulated as one. Porta -panels are allowed up to three times per year per business for nonconsecutive 10 day period. The second stipulation was attached because the property has never been landscaped as agreed upon. The original building permit was approved with 14 stipulations which contained the implementation of the approved landscape plan. Although minimal landscape improvements were installed, much remains to be completed. For the last 10 years, Staff has worked with previous owners to complete this requirement. Unfortunately, these attempts have been unseccessf ul. Memo to Jim Robinson and City Council Members Re: Riverboat Center Comprehensive Sign Plan, Mar. 1, 1988 Page 2 Staff recommends approval of this plan with the two stipulations previously mentioned plus a $2,000.00 bond to cover landscape improvements. Staff does not object to a modification of these stipulations. Within 30 days, Mr. Klus could resubmit a portion of the plan to include a message board as part of the freestanding sign if it is in compliance to the City Sign Regulations. Even though Mr. Klus is a new owner, he is still obligated td install landscaping as per approved plan. Unexecuted stipulations run with the land and are not removed once the property changes ownership. Staff is willing to work with Mr. flus on a revised plan if he feels the necessary improvements are too extenuating. y ii M r CI7YOF FRIDLEY PLANNING DIVISION MEMORANDUM , MEMD TO: Jim Robinson, Planning Coordinator City Council Members MEMJ FROM: Kathlyn Castle, Planning Assistant MEMO DATE: Mar -'- i 2, 1988 RDGARDING: Riverboat Center Comprehensive Sign Plan, 7899 East River Road The new owner of Riverboat Center, Mr. Walter Klus, would like the Council to appeal the Plaza's Comprehensive Sign Plan which was approved on July 20, 1987. Mr. Klus alleges he was not properly notified of the meeting or the Council's decision (see attached Action Taken letter) . Notification was sent to the Shopping Center's address and not his residence or buisness. Council approved the Sign Plan for Riverboat Center with the following stipulations: L The deletion of the words "plus the detached separated reader board sign" under item A-1 of the sign specifications and entirely delete item A-2 of the sign specifications. A-2 states the readerboard sign will be used on a rotating basis by all tenants with maximum message time being 21 days. 2. Approval of future sign permits are contingent upon completion of the original approved landscape plan for the shopping center which is on file at City Hall. Sections A-1 and A-2 was deleted because a reader board is actually considered a porta-panel which is a temporary sign and should be regulated as one. Porta- panels are allowed up to three times per year per business for nonconsecutive 10 day periods. The second stipulation was attached because the property has never been landscaped as agreed upon. The original building permit was approved with 14 stipulations which included the implementation of the approved landscape pl an. Although minimal 1 ands cape improvements were installed, much remains to be completed. For the last 10 years, staff has worked with previous owners to complete this requirement. Unfortunately, these attempts have been unsuccessful. Mr. Klus could resubmit a portion of the plan to include a message board as part of the freestanding sign which would comply with the City Sign regulations if the total pylon area was kept to 80 square feet or less. Recommend that Council maintain the two stipulations and add the requirement that a bond or letter of credit for $2,000 be submitted by April 1, 1988 and that the approved landscaping be completed by June 30, 1988. M-88-41 s G7YOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 April 14, 1988 Pizza Town 7891 East River Road N. E. Fridley, PMS 55432 Re: Riverboat Shopping Center Comprehensive Sign Plan Dear Sir: Enclosed you will find a copy of a Comprehensive Sign Plan for Riverboat Shopping Center which was approved by the Fridley City Council on March 28, 1988. Please note that the sections regarding the portable readerboard have been deleted. According to the City Sign Code, the readerboard is considered a temporary sign and cannot be used on a permanent basis. The City allows temporary signs to be displayed after a permit is granted three times per year per business for nonconsecutive ten day periods. Council decided to allow temporary sign permits to each Riverboat tenant two more times this year since the readerboard has already been displayed for approximately 90 days. Temporary sign permit applications can be obtained at the Fridley City Hall, 6431 University Avenue N. E. I will be regulating the use of this temporary sign periodically so please comply. If you have any questions regarding this item, please contact me at 571-3450, ext. 168. Thank you in advance for your cooperation by April 12, 1988. Sincerely, Rathlyn Castle Planning Assistant NC:1s cc: Riverboat Shopping Center tenants C-88-119 or G7YOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 April 14, 1988 Grocery Hut 7883 East River Road N. E. Fridley, MN 55432 Re: Riverboat Shopping Center Comprehensive Sign Plan Dear Sir: Enclosed you will find a copy of a Comprehensive Sian Plan for Riverboat Shopping Center which was approved by the Fridley City Council on March 28, 1988. Please note that the sections regarding the portable readerboard have been deleted. According to the City Sign Code, the readerboard is considered a temporary sign and cannot be used on a permanent basis. The City allows temporary signs to be displayed after a permit is granted three times per year per business for nonconsecutive ten day periods. Council decided to allow temporary sign permits to each Riverboat tenant two more times this year since the readerboard has already been displayed for approximately 90 days. Temporary sign permit applications can be obtained at the Fridley City Hall, 6431 University Avenue N. E. I will be regulating the use of this temporary sign periodically so please comply. If you have any questions regarding this item, please contact me at 571-3450, ext. 168. Thank you in advance for your cooperation by April: 12, 1988. Sincerely, Rathlyn Castle Planning Assistant i-:ls cc: Riverboat Shopping Center tenants C-88-119 I CIlYOF FRIDLEY CIVIC CENTER . 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 April 14, 1988 East River Road Chiropractic Center 7887 East River Road N. E. Fridley, M 55432 Re: Riverboat Shopping Center Ccmprehensive Sign Plan Dear Sir: Enclosed you will find a copy of a Comprehensive Sign Plan for Riverboat Shopping Center which was approved by the Fridley City Council on March 28, 1988. Please note that the sections regarding the portable readerboard have been deleted. According to the City Sign Code, the readerboard is considered a temporary sign and cannot be used on a permanent basis. The City allows temporary signs to be displayed after a permit is granted three times per year per business for nonconsecutive ten day periods. Council decided to allow temporary sign permits to each Riverboat tenant two more times this year since the readerboard has already been displayed for approximately 90 days- Temporary sign permit applications can be obtained at the Fridley pity Hall, 6431 University Avenue N. E. I will be regulating the use of this temporary sign periodically so please comply. If you have any questions regarding this item, please contact me at 571-3450, ext. 168. Thank you in advance for your cooperation by April 12, 1988. 1 Sincerely, Rathlyn Castle Planning Assistant KC:ls cc: Riverboat Shopping Center tenants C48-119 r G7YOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 April 14, 1988 Bo Jangles Ice Cream 7893 East River Road N. E. Fridley, NSI 55432 Re: Riverboat Shopping Center Comprehensive Sign Plan Dear Sir: Enclosed you will find a copy of a Comprehensive Sign Plan for Riverboat Shopping Center which was approved by the Fridley City Council on riarch 28, 1986. Please note that the sections regarding the portable readerboard have been deleted. According to the City Sign Code, the readerboard is considered a temporary sign and cannot be used on a permanent basis. The City allows temporary signs to be displayed after a permit is granted three times per year per business for nonconsecutive ten day periods. Council decided to allow temporary sign permits to each Riverboat tenant two more times this year since the readerboard has already been displayed for approximately 90 days. Temporary sign permit applications can be obtained at the Fridley City Hall, 6431 University Avenue N. E. I will be regulating the use of this temporary sign periodically so please comply. If you have any questions regarding this item, please contact me at 571-3450, ext. 168. Thank you in advance for your cooperation by April 12, 1988. Sincerely, Rathlyn Castle Planning Assistant KC:ls cc: Riverboat Shopping Center tenants C-88-119 CINOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 April 14, 1988 Video Theatre 7897 East River Road N. E. Fridley, M 55432 Re: Riverboat Shopping Center Comprehensive Sign Plan Dear Sir: Enclosed you will find a copy of a Comprehensive Sign Plan for Riverboat Shopping Center which was approved by the Fridley City Council on March 28, 1988. Please note that the sections regarding the portable re.=,derboard have been deleted. According to the City Sign Code, the readerboard is considered a temporary sign and cannot be used on a permanent basis. The City allows temporary signs to be displayed after a permit is granted three times per year per business for nonconsecutive ten day periods. Council decided to allow temporary sign permits to each Riverboat tenant two more times this year since the reader board has already been displayed for approximately 90 days. Temporary sign permit applications can be obtained at the Fridley City Hall, 6431 University Avenue N. E. I will be regulating the use of this temporary sign periodically so please comply. If you have any questions regarding this item, please contact me at 571-3450, ext. 168. Thank you in advance for your cooperation by Apr i� 12, 1988. Sincerely, Rathlyn Castle Planning Assistant RC:ls cc: Riverboat Shopping Center tenants C-88-119 Fm CINOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 April 14, 1988 Cutting Room Only 7899 East River Road N. E. Fridley, MJ 55432 Re: Riverboat Shopping Center Comprehensive Sign Plan Dear Sir: Enclosed you will find a copy of a Comprehensive Sign Plan for Riverboat Shopping Center which was approved by the Fridley City Council on March 28, 1988. Please note that the sections regarding the portable readerboard havE been deleted. According to the City Sign Code, the readerboard is considered a temporary sign and cannot be used on a permanent basis. The City allows temporary signs to be displayed after a permit is granted three times per year per business for nonconsecutive ten day periods. Council decided to allow temporary sign permits to each Riverboat tenant two more times this year since the readerboard has al ready been displayed f or approximately 90 days. Temporary sign permit applications can be obtained at the Fridley City Hall, 6431 University Avenue N. E. I will be regulating the use of this temporary sign periodically so please comply. If you have any questions regarding this item, please contact me at 571-3450, ext. 168. Thank you in advance for your cooperation by April 12, 1988. Sincerely, Rathlyn Cast 1 e Planning Assistant I- :l s oc: Riverboat Shopping Center tenants C-88-119 F rA CI7YOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 April 14, 1988 The Cleaners 7885 East River Road N. E. Fridley, NII`] 55432 Re: Riverboat Shopping Center Comprehensive Sign Plan Dear Sir: Enclosed you will find a copy of a Comprehensive Sign Plan for Riverboat Shopping Center which was approved by the Fridley City Council on March 28, 1988. Please note that the sections regarding the portable readerboard have been deleted. According to the City Sign Code, the readerboard is considered a temporary sign and cannot be used on a permanent basis. The City allows temporary signs to be displayed after a permit is granted three times per year per business for nonconsecutive ten day periods. Council decided to allow temporary sign permits to each Riverboat tenant two more times this year since the readerboard has already been displayed for approximately 90 days. Temporary sign permit applications can be obtained at the Fridley City Hall, 6431 University Avenue N.E. I will be regulating the use of this temporary sign periodically so please comply. If you have any questions regarding this item, please contact me at 571-3450, ext. 168. Thank you in advance for your cooperation by April 12, 1988. Sincerely, Rathlyn Castle Planning Assistant RC:ls cc: Riverboat Shopping Center tenants C-88-119 CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 May 17, 1988 Walter Klus 7017 Valley View Drive Edina, MN 55345 RE: Riverboat Plaza Landscaping, 7899 East River Road N.E. Dear Mr. Klus: This past week, I have tried contacting you to discuss the landscape options the City presented you in March for the above referenced property. At that time you stated bids would be taken on each plan to determine which one would be implemented. You have not informed me of your decision. I do realize you have been out of town for the past couple of weeks, however, it is necessary that this project begin before June. If not, I will turn this case over to the City Attorney to seek legal action. Please contact me with your decision. I can be reached at 571-3450. Thank you for your time and consideration in this matter. Sincerely, Kathlyn Castle Planning Assistant KC/dn C-88-195 May 23, 1988 Walter Klus 7017 Valley View Drive Edina, Mn. 55435 RE: Noncompliance of the Fridley City Code at 7899 Esst River Road NE Dear Mr. Klus: This past week I inspected your property at 7899 East River Road and found a temporary sign (pennants) being displayed illegally. This sign is in violation of the City Sign Code, Chapter 214, because a Temporary Sign Permit has not been issued. The Sign Code states that all temporary signs, such as Pennants , can be displayed only after a sign permit has been issued. These permits are granted to businesses three times per year per business for nonconsecutive 10 day periods. I will be reviewing this item on May 31, 1988. By that time, I would like you to either come in a and apply for a permit or remove the sign. If you have any questions regarding signage, please give me a call. I can be reached at 571-3450 ext. 168. Thank you in advance for your cooperation. Sincerely, Kathlyn Castle Planning Assistant KC/kc C-88-209 1.,-,�1t CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 June 22, 1988 Walter Klus 7017 Valley View Drive Edina, MN 55435 RE: Riverboat Plaza Landscaping; 7899 East River Road N.E. Dear Mr. Kl us : This past spring, I met with you to discuss your options regarding the landscaping at 7899 Fast River Road N.E. As you know, the landscaping at that site was never installed according to the City approved landscape plan. During the meeting you were given two options: 1. Install landscaping as per City approved plan dated 7/28/78. 2. Install landscaping as per City revised plan. You stated that you would have bids done cal each plan to determine which one would be implemented. Mr. K1us, three months have passed and you still have not contacted me with your decision. The City has been patient with you, however, your lack of motivation shows that you are unwilling to cooperate. I will be reviewing this item on July 1, 1988 and expect a plan to be chosen. If no action has been taken by that time, I will turn this over to the Code E7iforcement Off icer who will cite you for violation of the City Code. Please call me if you have any questions. I can be reached at 571-3450. Sincerely, Kathlyn Castle Planning Assistant KC/dn C-88-257 CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 July 1, 1988 Walter Klus 7017 Valley View Drive Edina, MSI 55435 RE: Riverboat Plaza Landscaping; 7899 East River Road N.E. Dear Mr. Klus: This past week I have tried contacting you to discuss the landscaping at 7899 East River Road N.E. As you recall, on March 28, 1988 this along with your comprehensive sign plan was discussed before the City Council. The Council decided that as the property owner you are required as per City approved plan to install landscaping even though you did not own the building at the time when it should have been installed. Shortly after Council's decision, we met to discuss your two landscape options. These were: 1. Install landscaping as per City approved plan dated 7/28/88. 2. Install landscaping as per City revised plan. At that time, you stated that bids would be taken on each plan to determine which one would be implemented. During the last three months, I have contacted you by phone and by letter to discuss this matter but my attempts have been unsuccessful. I will be reviewing this item again on July 7, 1988 and expect a plan to be chosen. If no action has been taken by that time, I will schedule this item for review by the City Council on the July 25, 1988 agenda. Please call me at 571-3450. I hope to hear from you. Sincerely, Kathlyn Castle Planning Assistant KC/dn C-88-279 JOHN R. CiARROLL JAMES D. OLSON ARCHIBALD SPENCER ROBERT M. SKARE ROBERT L. GROSBY LEONARD M. ADDINGTON ROBERT R. BARTH N. WALTER GRAFF ALLEN D. BARNARD RICHARD A. PETERSON ROBERT J. CHRISTIANSON, JR. FRANK J. WALZ THOMAS D. GARLSON FRANK VOGL MARINUS W. VAN PUTTEN, JR. JOHN A. BURTON, JR. JAMES G. DIRAGLES ROBERT L. MELLER, JR. SCOTT D. ELLER CHARLES G. BEROUIST FREDERIGE W. MORRIS GEORGE 0. LUDGKE E. JOSEPH LAFAVE III GREGORY D. SOULE GATHY E. GORLIN PATRICK B. HENNESSY GHRISTINE K. SOLSO ERIK W. IBELE TIMOTHY A. SULLIVAN BEST & F LANAGAN ATTORNEYS AT LAw 3500 IDS GENTER MINNEAPOLIS, MINNESOTA 554,02-2113 TELEPHONE 1012) 339 7121 TELEaOPI ER. (43121330-5807 Ms. Kathyln Castle Planning Assistant City of Fridley Civic Center 6431 University Avenue N.E. Fridley, MN 55432 July 6, 1988 Re: Walter W. Klus - Riverboat Plaza Center Dear Ms. Castle: TAMMY L. PUST BRIAN F. RICE TRACY J. VAN STEENBURGH DAVID J. ZUBEE NORMAN J. BAER JAMES P. MICHELS KAREN E. SLETTEN PAUL E. KAMINSKI BLASE SHEPARD, JR. ELIZABETH W. VOBACH CHRISTOPHER J. GHAPUT JOHN P. BOYLE ROSS G. FORMELL CHRISTOPHER G. Foy OF GOUNSEL GHARLES S. BELLOWS WARD B. LEWIS RETIRED GEORGE MALONEY LEONARD W.SIMONET JAMES I. BEST 11902-19601 ROBERT J. FLANAGAN 11898-19741 Your letters dated June 22, 1988 and July 1, 1988 to Walter Klus have been referred to me for response, as his attorney. It is not my understanding that the City Council "decided" that Mr. Klus was "required" to comply with the landscaping conditions of the building permit issued to a prior owner of the Riverboat Center many years earlier. Further, any such "decision", if it did occur, would be legally unsupportable. It is my understanding that Mr. Klus volunteered to attempt to work with city staff to consider whether landscaping work at the Center should be done, and to what extent. We do not consider that Mr. Klus is obligated to elect either of the "options" stated in your letter. Mr. Klus has advised me that he continues to be interested in landscaping at the Center, and would like to cooperate with the City in that regard, but believes that no landscaping work should be done prior to this fall, in light of the current drought conditions, and says that neither of the "options" presented by City staff is acceptable to him. Yours very tru y, Frank J. Wal FJW/sll cc: Walter W. Klus rA ff PLANNING DIVISION MEMORANDUM unoF FRIDLEY ZO: Jock Robertson, Can unity Development Director David Newman, City Attorney FROM: Kathlyn Castle, Planning Assistant DATE: July 7, 1988 RDGARDIW : Riverboat Plaza Center Landscaping I received a letter from Frank Walz, Walter Klus' attorney, regarding Mr. Klus' obligation to landscape his property at 7899 East River Road, Riverboat Plaza. on March 7, 1988 the City Council determined that Mr. Klus was responsible for installing landscaping required by the original building permit which dates back to 1978. At that time, Mr. flus was not the property owner. During the City Council meeting, Mr. Klus stated he would cooperate with the City staff arra install landscaping after bids were taken. Sincc �'--rch, I tried working with Mr. Klus to determine what kind of landscaping would be installed and when. My attempts have been unsuccessful. I sent Mr. Klus letters on June 22, 1988 and July 1, 1988 which state that since he is in violation of the Code, this item will be reviewer by the City Council on July 25, 1988. Mr. Walz states that this decision by the City Council is legally unsupportable. Could you please advise me on this topic. Thank you. KC/dn br-88-173 0 JOHN R CARROLL JAMES D. OLSON A RCHIBALD `PENCER ROBERT �1. SxARE ROBERT L CROSBY I_EOV ARI) N1. A13DI14GTON ROBERT R. BARTH N. HALTER C:RAFF A LLE-, D. BAR%ARD RICHARD A. PETERSON ROBERT J. GHRISTLANSON, JR. FRANK J. WALZ THOMASD. CARLSON FRANK :.00L MART/:L'S W. %'AN PLTTEN, Js. JOHN A BURTON. JR. JAMES G. DIRAGLES ROBERT L MELLER, JR. SCOTT D. ELLER GHARLE1 G BERQL'IST FREDERICK W. MORRIS GEORGE O. LCDGKE E. JOSEPH I.AFAYE III GREGORY D. SOULE CATHY E. GORLIN PATRICK B. HENNESSY CHRISTINE R. SOLSO LRIK W. IBELE TIMOTHY A. SULLIVAN BEST &- FLANAGAN ATTORNEYS AT LAW 35oo IDS GEN"I•ER MINNEAPOLIS, MINNESOTA 66402-2113 TELEPHONE 16121 339 7121 TELE60PIEB 16121 339-6897 Ms. Kathyln Castle Planning Assistant City of Fridley Civic Center 6431 University Avenue N.E. Fridley, MN 55432 July 6, 1988 Re: Walter W. Klus - Riverboat Plaza Center Dear Ms. Castle: TAMMY L FUST BRIAN F. RICE TRACY J. VAN STEENBL'ROH DAVID J. LI-BKE NOR.N1A_N J. BAER JAMES P. I11CHF_LS HARES E. S�LETTEN I. PAL'E. ]KAMINSKI BLARE SHEPARD. JR. ELIZABETH NS'. V OBAGH GHRISTOPIIER J. GRAPL'T JOHN P. BOYLE ROSS G. FORMELL GRRISTOPHER G. Foy OF COUNSEL GHARLES S. BELLOWS WARD B. LEM•IS RETIRED GEORGE MALONEY LEONARD W. SIMONET JAMES 1. BEST 11001'-1080 ROBERT J. FLANAGAN 11096-19741 Your letters dated June 22, 1988 and July 1, 1988 to Walter Klus have been referred to me for response, as his attorney. It is not my understanding that the City Council "decided" that Mr. Klus was "required" to comply with the landscaping conditions of the building permit issued to a prior owner of the Riverboat Center many years earlier. Further, any such "decision", if it did occur, would be legally unsupportable. It is my understanding that Mr. Klus volunteered to attempt to work with city staff to consider whether landscaping work at the Center should be done, and to what extent. We do not consider that Mr. Klus is obligated to elect either of the "options" stated in your letter. Mr. Klus has advised me that he continues to be interested in landscaping at the Center, and would like to cooperate with the City in that regard, but believes that no landscaping work should be done prior to this fall, in light of the current drought conditions, and says that neither of the "options" presented by City staff is acceptable to him. _Yours very � tru y, %,&) W Frank J. Wal FJW/sll , cc: Walter W. Klus CINOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 July 1, 1988 Walter Flus 7017 Valley View Drive Edina, H4 55435 RE: Riverboat Plaza Landscaping; 7899 East River Road N.E. Dear Mr. Klus: This past week I have tried contacting you to discuss the landscaping at 7899 East River Road N.E. As you recall, on March 28, 1988 this along with your carprehensive sign plan was discussed before the City Council. The Council decided that as the property owner you are required as per City approved plan to install landscaping even though you did not can the building at the time when it should have been installed. Shortly after Council's decision, we met to discuss your two landscape options. These were: 1. Install landscaping as per City approved plan dated 7/28/88. 2. Install landscaping as per City revised plan. At that time, you stated that bids would be taken on each plan to determine which one would be implemented. During the last three months, I have contacted you by phone arra by letter to discuss this matter but my attempts have been unsuccessful. I will be reviewing this item again on July 7, 1988 and expect a plan to be chosen. If no action has been taken by that time, I will schedule this item for review by the City Council on the July 25, 1988 agenda. Please call me at 571-3450. I hope to hear Fran you. Sincerely, Kathlyn Castle Planning Assistant KC/dn C-88-279 rr f - T CITY OF FMDLEY CIVIC CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 - PHONE (612) 571-3450 June 22, 1988 Walter Klus 7017 Valley View Drive Edina, NAI 55435 RE: Riverboat Plaza Landscaping; 7899 East River Road N.E. Dear Mr. Flus: This past spring, I met with you to discuss your options regarding the landscaping at 7899 East River Road N.E. As you know, the landscaping at that site was never installed according to the City approved landscape plan. During the meeting you were given two options: 1. Install landscaping as per City approved plan dated 7/28/78. 2. Install landscaping as per City revised plan. You stated that you would have bids done on each plan to determine which one would be implemented. W. Flus, three months have passed and you still have not contacted me with your decision. The City has been patient with you, however, your lack of motivaticn shows that you are unwilling to cooperate. I will be reviewing this item m July 1, 1988 and expect a plan to be chosen. If no acticn has been taken by that time, I will turn this over to the Code Enforcement Officer who will cite you for violation of the City Code. Please call me if you have any questions. I can be reached at 571-3450. Sincerely, Kathlyn Castle Planning Assistant KC/dn C-88-257 GENERAL MULTIPLE 6. I�'SIDERATION OFA REZOI�ZING ? #87 O1 • REZONE FROM — jedELLING. TO (= ENERAL• BUSINESS. ON LOTS 23 AND 24 TOGETHER WITH HALF VACATED Ai t FY BLOCK 6, DLEY PARK. AC`OORDING TO THE PST THBREOF ON FILE t� OF REQORD IN THE OFFICE OF THE O0UNI'Y RDER DID R NOKA NY- MINNESOTA, THE SAME BE50l EAST RIVER ROAD N E it. Robertson, (2)wuiity Development Director, stated a hearifig on this rezoning was held on march 11, 1987 before the Planning Commission and they recommended approval with several stipulations. He stated a public hearing was schecbled before the 0)uncil for April 6, 1987, however, the petitioner requested the item be tabled in order to work out a concern regarding the stipulation for a street easement. He stated this concern has been addressed and the petitioner wishes to proceed with the public hearing before the City Council. ND71ON by Cbuncilman Fitzpatrick to set the public hearing on this proposed rezoning for Mrch 28, 1988. Seconded by Cbuncilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. ClphSIDERATION OF AN EXTENSION OF A LOT SPLIT, L. S #87-03 . BY BERNADETTE BENSON OF MIDWEST SUPER Mr. Robertson, Cbmnuiity Develofinent Director, stated `he petitioner has requested a three month extension frcun this date in order to record a lot split, L S. #87-03, approved by (buncil on June 1, 1987. He stated it is suggested this extension be approved, with the following stipulations: (1) execute and return street easement agreement (17 feet along East River Road) prior to recording lot split; (2) provide dumpster screening prior to recording lot split; (30) provide hedging along Fairmont Street with edging, weed terrier and mulch prior to recording; and (4) subdivide parcel to be added to residential lot to west concurrently with recording. NOTION by Cbunciliran Fitzpatrick to approve a three month e:. -nsion of Lot Split, %S. #87-03, to June 7, 1988 with the following sti, ations: (1) execute and return street easement agreement (17 feet along t _st River Road) prior to recording lot split; (2) provide dumpster scre(-ning proir to recording lot split; (3) provide hedging along Fairmont Street with edging, weed barrier and mulch prior to recording; and (4) subdivide parcel to be acx-ed to residential lot to west concurrently with recording. Seconded by Cbuncilman Schneider. Upon a voice vote, all voting aye, Fayor Vee declared the motion carried unanimously. 8. CQNSIDERATION OF REVISED COMPREHENSIVE SIGN PIAN FOR RIVERBOAT PLAZA, 7$94 .AST RIVER ROAD• Mr. Robertson, Cbmnunity Development Director, stated the petitioner, Mr. Klux is appealing the (buncil's- action on this shopping center's sign plan wIich was approved by Council on July 20, 1987. He stated because the notice that this item would be on the (buncil's agenda went to the shopping center's address and not tr. Klus' residence or business, Mr. nus felt this -11- didn't constitute official notification. it. Robertson stated Mr. Mus has requested that the porta-panel be included as part of the permanent sign plan and this feature of the plan was deleted by the Council at the July 20, 1987 meeting. He stated the original building permit for this shopping center was issued about ten years ago and oontained 14 stipulations, two of which haven't been completed. He stated staff is recommending no changes in the Cbuncil's approval of the, -sign plan and to add the requirement that a bond or letter of credit for '$2,000 be submitted by April 1, 1988 and the landscaping be completed by June 30, 1988. Mr. jaus, owner of the Riverboat Plaza Shopping Center, stated he received a call from Daryl Morey requesting a sign plan be submitted. He stated he complied and was advised this was a housekeeping item. He stated he received no notification and didn't know the sign plan was before the Council. Mr. FQus stated he purchased this center in 1986 and did a title search and found no requirements for a comprehensive landscaping plan. He stated he did not know wly he had to complete landscaping in order to obtain a sign permit. He stated he is not unw it 1 ing to cb some landscaping, but did not want to purchase another sign. Mr. IQus stated the porta-panel sign referred to by the City staff he refers to as a free standing sign. He further stated that this evening was the first he had heard about a $2,000 bond. Mr. Rl us stated he would like the (buncil to reconsider approval of the sign plan as suimitted and he would work out an acceltable landscaping plan with staff. He staged the free standing sign is very important to his terents. Flayor Fee stated the landscaping requirement was Fart of the building permit and there was gross negligence on the part of the previous owner. He stated he dich't know wly. Ns. Klus' search wouldn't have shown that as part of the bu i 1 di ng permit st i pul ati ons. Mayor Fee stated the use of a porta-panel sign is allowed up to three times Fer year per business for nor -consecutive ten day periods. W. )Gus stated he feels this is a free standing sign and not a porta-panel sign. He stated it is anchored and not on wheels. (buncilman Schneider asked the square footage of the pylon sign and the porta-panel sign. Mr. Robertson stated the pylon sign is 64 square feet and the porta-panel sign is 32 square feet. Gouncilnan Schneider stated the code requirement is not over 80 square feet so these two signs combined are over the code requirements. Councilman Fitzpatrick stated he thinks it is only fair that the petitioner and staff know his interpretation is that the sign is a porta-panel sign. Mir. Robertson stated if the petitioner desires a reader board, it could be incorporated with the pylon sign. He stated the code requires a free -12- 1� standing sign be ten feet off the ground. He stated if Mr. Flus considers this a free standing sign, it is also in violation of the code. councilman Fitzpatrick felt the petitioner and staff should diecuso U16 details of the sign plan for the Council's action at the next meeting. Mayor Nee asked Mr. Flus if he is in agreement with the landscaping plan. w. Flus stated he didn't believe it should be included as Fart of the sign plan approval. Mr. Frank Walz, attorney representing Mr. Flus, stated Mr. Flus didn't believe a condition for landscaping should be attached as a stipulation to the sign plan. He stated the landscaping has been ignored for a ten year period and didn't know why the City didn't take action to enforce the stipulation. He stated to impose landscaping as a condition of the sign permit is improper. Mayor Nee stated he has no problem with deleting the landscaping as a condition of the sign plan. Mr. Herrick, City Attorney, felt the two issues should be divided. He stated the fact of the matter is the sign is not in compliance because it is over the square footage allowed and less than ten feet frau the ground. He stated these two issues should be discussed in conjunction with the sign plan. He felt the landscaping should be considered on a separate basic. `✓ MOTION by Councilman Fitzpatrick to table this item to Larch 28, 1988. Seconded by Councilran'Schneider. Upon a voice vote, all voting aye, Mayor Nee declares:; the motion carried unanimously. 9. CONSIDERATION OF REVISED COMPREHENSIVE SIGN PLAN FOR MOON PLAZA, 6201 UNIVERSITY AVENUE: Mr. Fobertson, Community Development Director, stated Mr. Garman, owner of Moon Plaza, has submitted a request to revise the sign plan for this shopping center. He stated Mr. Gearman is proposing to use pre -formed letters, either owed or screwed, to the present steel backing or to install signs with pre -finished backing using pre -formed letters. Mr. 7wen, representing Mr. Garman, stated for every sign installed at the shopping center since 1965, a permit has been issued. Cbuncilman Billings stated information compiled by staff indicates the lacnexy and dry cleaners and A-1 Garment received no sign permit. He stated Ledaein's and the graphics company installed a sign which was different from what was approved. He stated North Star Video was granted a variance for their sign which has since expired. Cbuncilrran Schneider stated the whole concept of the sign plan was to allow the tenants some variety, but within defined guidelines. Fir. Iwen stated in regard to the Ledwein sign, this owner came in for a sign -13- A FRIDLEy CITY Comm MEETING OF MARCH 28, 1988 Mr. Flora, Public Works Director, stated the County proposes to install the bikeway/walkway on the west side of Fast River Road and didn't make an issue of an easement on the east side. Mr. Richard Kemper, 7857 Alden Way, member of the Unitarian Church, stated his only concern is the easement that currently exists on the north side of the green area leading to the cemetery. He asked what impact this rezoning would have on the easement. Mr. Robertson stated a stipulation of the special use permit is that the parking and storage area be constructed in a manner which respects the existing cemetery and saves all existing trees not located in the future paved area. yx. Kemper stated there is a boundary between the cemetery and storage area and asked if there would be changes from what now exists. Mr. Robertson stated he didn't believe there would be any major charge, except the addition of a fence. Dt. Christensen stated in the area between the cemetery fence, there is about six feet they would not touch and leave Lot 29 carrpletely alone so it shouldn't affect the cemetery at all. No other persons in the audience spoke regarding this proposed rezoning. MC'I'ION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:08 p.m. OLD BUSINESS: 3. CONSIDERATION OF REVISED COMPR=SIVE SIGN PLAN FOR RIVERBOAT PLAZA, 7 899 EAST RIVER ROAD N.E. (ODN'r=D FROM 3n188): Mr. Robertson, Community Development Director, stated the owner of the Riverboat Plaza Shopping Center appeared before the Council on March 7, 1988 to appeal the Council's decision on the comprehensive sign plan approved July 20, 1987. He stated the Council approved this sign plan with deletion of the reader board and a stipulation that future sign permit approval be based on the implementation of the landscape plan. He stated Council has decided the landscape stipulation should be deleted as part of the approved sign plan since it has m relevance to signage. Mr. Robertson stated staff has worked with Mr. Klus and is reccrwending the reader board be regulated as a temporary sign per the ordinance. He stated the ordinance states that temporary signs are allowed three times per year per business for nonconsecutive 10 day periods. He stated the portapanel has been used by the stopping center's sever_ businesses for appioxisnately 90 days this year. He stated, as a whole, the shopping center could use a temporary sign for up to 210 days per year, therefore, there are about 120 days left in the year for a permitted temporary sign. Mr. Robertson stated staff is recommending that each tenant be allowed to use a temporary sign WA FRIDLEy CrN MN= M=ING OF MARCH 28, 1988 two more times this year for nonconsecutive 10 day periods. He stated staff feels the sign should be removed ficr its iirplanted state by April 15, 1988 to make it actually portable. W. Robertson stated landscape options were also discussed with Mr. Klus. He stated W. flus can implement the present landscape plan approved in 1978 or another plan designed by the City. Nx. Robertson stated Mr. flus would have bids on each plan and determine which will be irrplemented. Cbuncilman Fitzpatrick stated his concept of a portable sign is a sign that canes and leaves the premises. He stated it never occurred to him that seven businesses in a store front arrangement would each use it for a 10 day period as many as three times a year to bring the total to 210 days of use. Councilman Schneider stated the reader board was to be just a teTporary sign and no one envisioned a shopping center could have several there almost all the time. Mr. Herrick, City Attorney, stated f roar: the enf orcement standpoint, the simplest way is not to permit thein at all. He stated if they are to be permitted, then the question must be addressed how of ten they can be used and if uses are based or the premises or number of tenants. Mx. flus stated he did some research and found he doesn't own the reader board at the shopping center. He stated the sign can be lifted and moved. He stated his tenants have taken out a permit for this sign and he has advised than when this permit expires, they are to remove it. Mr. Klus stated the reason this reader board sign was used was because the power was disconnected from the pylon sign of which he was not aware. Nx. Klus stated the pylon sign conforms to the ordinance and a determination will be made if it is cost effective for the reader board information to be placed on the existing sign as the cost would be about $3,000. Dir. flus stated he is in the process of obtaining bids for the landscaping and will decide which plan to implement when these bids are received. NOTION by Councilman Fitzpatrick to approve the corprehensive sign plan for Riverboat Shopping Center, 7899 East River Road, as shown on Page 3C of the agenda, with the deletion of the words "plus the detached separate reader -board sign" under Sectio A-1 and deletion of Section A-2 pertaining to the use of the reader -board sign. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Fitzpatrick felt staff and the City Attorney should bring back information as to whether or not the reader board or portapanel signs should be permitted. Councilman Schneider stated he would concur, however, he felt the City needs to not Orly address portable signs, but other items used in promotions such as banners, balloons, etc. -10- FRI= CITY CaMM MING OF MARCH 28, 1988 Councilman Billings stated he believed staff has prepared information on portapanel signs for the Planning Commission's review. W. Robertson stated it is an administrative headache to properly enforce this ordinance. He stated part of the problem is that these portable signs are usually rented on a monthly basis and people do not want to only use them for 10 days as is permitted by the ordinance. Councilman Fitzpatrick asked if there would be a problem outlawing these signs. W. Herrick stated he doesn't know how often they are being used and how the business community would respond, but from an enforcement standpoint, it would be easier not to permit then at all. Councilman Fitzpatrick felt the Council should probably wait for a recommendation from. the Planning Cotmission. 4. CONSIDERATION OF REVISED COMPT=NSIVE SIGN PLAN FOR MOON PLAZA SHOPPING CbT*I'ER, 6201 UN-IVER. = AVENUE N.E., (CONTINUED FROM 3/7/86) : Mr. Robertson, Ccmn Tdty Development Director, stated at the March 7, 1988 meeting, the Council denied the request of Ix. Gearman, owner of Moon Plaza Shopping Center, for a revised sign plan. He stated staff contacted Mr. Gearman and discussed options of either resubmitting a new signage remodeling and facade plan or enforcing the present comprehensive sign plan. He stated Mr. Gearman chose to enforce the present sign plan by working with the tenants and City. W. Robertson stated Mr. Gearman should require all businesses with nonconforming signs to come into compliance with the approved sign plan by June 18, 1988. Mr. Robertson stated the City Attorney's office researched the problem of sign amortization and nonconforming uses may be eliminated by municiPalities after a reasonable amortization period. He stated the courts have found that signs have been fully amortized after a period of three to four years. He stated in this case, all nonconforming signs have been amortized and should comply with the sign plan. Mx. Robertson stated Mr. Rim Olsen was also contacted to discuss the status of his nonconforming sign for North Star Video. He stated Mr. Olsen felt he has not been given enough time to resubmit a new sign plan ever_ though his variance expired more than a year ago. He stated staff is recommending Mr. Olson bring his sign into ocmpliance by April 30, 1988. Ms. Carolyn Olsen stated her husband, Rim Olson, is out of town and wouldn't be back for two weeks. She stated she isn't familiar with this situation as her husband handles these issues. Councilman Billings stated he talked with Mr. Olsen and the message Mr. Gearman gave to Mr. Olsen is that he would be doing a facelift on the shopping center and understood he had some bids. He felt Mr. Olsen may be dragging his feet, however, he is getting some mixed signals from Mir. Gea man as to what his plans are for the shopping center. He stated it seems Mx. Olsen doesn't want to put mcney into a new sign if he'll have to -11- A or k CIiYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 July 8, 1988 Best and Flanagan Frank Walz 3500 IDS Center Minneapolis, M 55402-2113 RE: Walter Klus; Riverboat Plaza Center Dear Mr. Walz: I am in receipt of your letter dated July 6, 1988 regarding Walter Klus. Enclosed you will find the City Council minutes which verify that Mr. Klus agreed to install landscaping at the site. Since a landscape plan/installation was attached to the original building permit, he is required to install it. We gave him the choice of options to give him the opportunity to reduce cost. At this time, we do not rend Mr. Klus to install the landscaping because of the weather. Me City would like a definitive answer from Mr. Klus about which plan he has chosen to install. We would also like a timetable pertaining to the corrtpletion of this work since four months have passed and Ix. Flus has not provided me with either of the above. I think a Council review is necessary. I have submitted your letter to the City Attorney for a legal opinion. Sincerely, Kathlyn Cas tl e Planning Assistant KC/dn C-88-293 ill, • MF.FwPTW, •ZOA �ww 6. QDNSIDE #87-01 TO REZONE• i . ETHER WITH HAL TO C-2, GENERAL BUSINESS, •• TO THE • pLAT THEREOFON VACATED ALLEY, BLOCK 6,-ERLD-LEy ,• ACCORDIM PARK, BODY pt. Robertson, Community Development Director, stated a hearifig on this rezoning was held on march 11, 1987 before the Planning Commission and they recommended approval with several stipulations. He stated a public hearing was scheclAed before the Council for April 6, 1987, however, the petitioner requested the item be tabled in order to work out a concern regarding the stipulation for a street easement. He stated this concern has been addressed and the petitioner wishes to proceed with the public hearing before the City Council. NOTION Ly Councilman Fitzpatrick to set the public hearing on this proposed rezoning for torch 28, 1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7• CONSIDERATION OF AN EXTENSION OF A LOT SPLIT, L S. #87-03, BY BERNADETTE BENSON OF MIDWEST SUPER STOP: W. Robertson, Community Development Director, stated -he petitioner has requested a three month extension from this date in order to record a lot split, L. S. #87-03, approved by Council on June 1, 1987. He stated it is suggested this extension be approved, with the following stipulations: (1) execute and return street easement agrecsnent (17 feet along East River Road) prior to recording lot split; (2) provide dumpster screening prior to recording lot split; (30) provide hedging along Fairmont Street with edging, weed terrier and mulch prior to recording; and (4) subdivide parcel to be added to residential lot to west concurrently with recording. NDTION by Cbuncilman Fitzpatrick to apT.,rove a three month e:: -nsion of Lot Split, L. S. #87-03, to June 7, 1988 with the following stiff. ations: (1) execute and return street easement agreement (17 feet along t _�,t River Road) prior to recording lot split; (2) provide dumpster screening proir to recording lot split; (3) provide hedging along Faiimont Street with edging, weed terrier and mulch prior to recording; and (4) subdivide parcel to be acxied to residential lot to west concurrently with recording. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Vayor tree declared the motion carried unanimously. 8. CONSIDERATION OF REVISED COMPREHENSIVE SIGN PLAN FOR RIVERBOAT PLAZA, 789 FAST RIVER ROAD• Mr. Robertson, (Io munity Development Director, stated the petitioner, Mr. nus is appealing the council's- action on this sbopring center's sign plan which was approved by Council on July 20, 1987. Be stated because the notice that this item would be on the council's agencla went to the shopping center's address and not t1r. I(lus' residence or business, NIr. Klus felt this -11- Mrff �► YY •• L. vl 711 �. • _ 7MI-4i' NM 0 `, didn't constitute official notification. Mr. Robertson stated Mr. flus has requested that the porta-panel be included as fart of the permanent sign Flan and this feature of the Plan was deleted by the Council at the July 20, 1987 meeting. He stated the original building permit for this shopping center was issued about ten years ago and contained 14 stipulations, two of which haven't been completed. He stated staff is recommending no changes in the Cbuncil's approval of the sign plan and to add the requirement that a bond or letter of credit for $2,000 be sutmitted by April 1, 1988 and the landscaping be completed by June 30, 1988. Mr. flus, owner of the Riverboat Plaza Shopping Center, stated he received a call frcm Daryl rbrey requesting a sign plan be submitted. He stated he complied and was advised this was a housekeeping item. He stated he received no notification and didn't know the sign plan was before the Cb uncil. Mr. flus stated he purchased this center in 1986 and did a title search and found no requirements for a comprehensive landscaping plan. He stated he did not know why he had to complete landscaping in order to obtain a sign permit. He stated he is not unwilling to do some landscaping, but did not want to purchase another sign. Mr. flus stated the porta-panel sign referred to by the City staff he refers to as a free standing sign. He further stated that this evening was the first he had heard about a $2,000 bond. Mr. KIuG stated he would like the Council to reconsider approval of the sign plan as sulmitted and he would work out an acceptable landscaping plan with staff. He stated the free standing sign is very important to his tenants. Mayor Nee stated the landscaping requirement was fart of the building permit and there was gross negligence on the Fart of the previous owner. He stated he dich't know wty Mr. flus' search wouldn't have shown that as part of the building permit stipulations. Nnyor Nee stated the use of a porta-panel sign is allowed up to three times per year per business for norrconsecutive ten day periods. Mr. flus stated he feels this is a free standing sign and not a porta-Fanel sign. He stated it is anchored and not on wheels. Cbuncilman Schneider asked the square footage of the pylon sign and the porta-panel sign. Mr. Robertson stated the pylon sign is 64 square feet and the porta-panel sign is 32 square feet. Councilman Schneider stated the code requirement is not over 80 square feet so these two signs combined are ever the code requirements. Councilman Fitzpatrick stated he thinks it is only fair that the petitioner and staff know his interpretation is that the sign is a porta-panel sign. Mr. Robertson stated if the petitioner desires a reader board, it could be incorporated with the pylon sign. He stated the code requires a free -12- J IVOIN "Lego) go standing sign be ten feet off the ground. He stated if Mr. Flus considers this a free standing sign, it is also in violation of the code. Cbuncilman Fitzratrick felt the petitioner and staff should diecusa U6 details of the sign plan for the Cbuncil's action at the next meeting. Mayor Nee asked Mr. Klus if he is in agreement with the landscaping plan. Mr. flus stated he didn't believe it should be included as part of the sign plan approval. Mr. Frank Walz, attorney representing Mr. Flus, stated Mr. flus didn't believe a condition for landscaping should be attached as a stipulation to the sign plan. He stated the landscaping has been ignored for a ten year period and didn't know why the City didn't take action to enforce the stipulation. He stated to impose landscaping as a condition of the sign permit is improper. Mayor Nee stated he has no problem with deleting the landscaping as a condition of the sign plan. Mr. Herrick, City Attorney, felt the two issues should be divided. He stated the fact of the matter is the sign is not in compliance because it is over the Square footage allowed and less than ten feet from the ground. He stated these two issues should be discussed in conjunction with the sign plan. He felt the landscaping should be considered on a separate basis. INION by Councilman Fitzpatrick to table this item to Farch 28, 1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declare: the motion carried unanimously. 9. CONSIDERATION OF REVISED COMPREHENSIVE SIGN PLAN FOR MOON PLAZA, 6201 UNIVERSITY AVENUE Mr. Robertson, Cbmmunity Development Director, stated Mr. (-,Barman, owner of Moon Plaza, has submitted a request to revise the sign plan for this shopping center. He stated Mr. Gearman is proposing to use pre -formed letters, either glued or screwed, to the present steel backing or to install sighs with pre -finished backing using pre -formed letters. Nr. Iwen, representing Mr. (Barman, stated for every sign installed at the shopping center since 1965, a permit has been issued. Qbuncilman Billings stated information compiled by staff indicates the laLndry and dry cleaners and A-1 Garment received no sign permit. He stated Ledeein's and the graphics company installed a sign which was different frau what was approved. He stated North Star Video was granted a variance for their sign which has since a xpi red. Councilman Schneider stated the whole concept of the sigh plan was to allow the tenants some variety, but within defined guidelines. Nr. Iwen stated in regard to the Ledwein sign, this owner came in for a sign -13- 4 FRIDLEy CrN Q'xTNCIL Krrnc OF MARCH 28, 1988 W. Flora, Public Works Director, stated the County proposes to install the bikeway/walkway on the west side of East River Road and didn't make an issue of an easement on the east side. Mr. Richard Kemper, 7857 Alden Way, member of the Unitarian Church, stated his only concern is the easement that currently exists on the north side of the green area leading to the cemetery. He asked what ilrpact this rezoning would have on the easement. Mr. Robertson stated a stipulation of the special use permit is that the parking and storage area be constructed in a manner which respects the existing cemetery and saves all existing trees not located in the future paved area. Ntr. Kenper stated there is a boundary between the cemetery and storage area and asked if there would be changes from what now exlcts. Mr. Robertson stated he didn't believe there would be any male the addition of a fence. Christensen stated in the area between the cemetery fence, there is about six feet they would not touch and leave Lot 29 carV-etely alone so it shouldn't affect the cemetery at all. No other persons in the audience spoke regarding this proposed rezoning. MDTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, bbyor Nee declared the motion carried unanimously and the public hearing closed at 9:08 p.m. OLD BUSINESS: 3. ODNSIDERATION OF REVISED Ca,PRII SIVE SICR1 PLAN MR RIVERBOAT PLAZA, 7899 EAcTr RIVER ROAD N.E. (=,IrINUED FROM 3 Mr. Robertson, Community Development Director, stated the owner of the Riverboat Plaza Shopping Center appeared before the Council on M rch 7, 1988 to appeal the Council's decision on the comprehensive sign plan approved July 20, 1987. He stated the Council approved this sign plan with deletion of the reader board and a stipulation that future sign permit approal be based on the implementation of the landscape plan. He stated Councvil has decided the landscape stipulation should be deleted as part of the approved sign plan since it has no relevance to signage. Mr. Robertson stated staff has worked withsign Klus per the d isrecommending sated the reader board be regulated as a temporary are allowed three times per year the ordinance states that temporary signs He stated the portaparel per business for nonconsecutive 10 day pe�-- has beer: used by the shopping center's sever_ businesses for approximately 90 days this year. He stated, as a whole, the shopping ,tcenterre could use a tam:porar}, sign for up to 210 days Per year, therefore, sign. W. Robert days left in the year for a permitted tempo ary son stated staff is recammending that each tenant be allowed to use a temporary sign -9- FRI= CITY O UNCIL MU7rn G OF MRCH 28, 1988 two more times this year for nonconsecutive 10 day periods. He stated staff feels the sign should be removed f ran its implanted state by April 15, 1988 to make it actually portable. W. Robertson stated landscape options were also discussed with Mr. Klus. He stated Yr. This can implement the present landscape plan approved in 1978 or another plan designed by the City. Nx. Robertson stated Mr. Klus would have bids on each plan and determine which will be iirplemented. Cbuncilman Fitzpatrick stated his concept of a portable sign is a sign that canes and leaves the premises. He stated it never occurred to him that seven businesses in a store front arrangement would each use it for a 10 day period as marry as three times a year to bring the total to 210 days of use. Councilman Schneider stated the reader board was to be just a temporary sign and no one errn-isioned a shopping center could have several there almost all the time. A'S. Herrick, City Attorney, stated from the enforcement standpoint, the simplest way is not to permit them at all. He stated if they are to be permitted, then the question must be addressed how of ten they can be used and if uses are based on the premises or number of tenants. Ix. Klus stated he did some research and found he doesn't own the reader board at the shopping center. He stated the sign can be lifted and moved. He stated his tenants have taken out a permit for this sign and he has advised then when this permit expires, they are to remove it. Mr. Rlus stated the reason this reader board sign was used was because the power was disconnected from the pylon sign of which he was not aware. Ix. Klus stated the pylon sign conforms to the ordinance and a determination will be made if it is cost effective for the reader board inf ormat i on to be placed on the existing sign as the cost would be about $3,000. Mx. Mus stated he is in the process of obtaining bids for the landscapir_g and will decide which plan to implement when these bids are received. NDTION by Councilman Fitzpatrick to approve the canprehensive sign plan for Riverboat Shopping Center, 7899 Fast River Road, as shown on Page 3C of the agenda, with the deletion of the words "plus the detached separate reader -board sign" under Section A-1 and deletion of Section A-2 pertaining to the use of the reader -board sign. Seconded by Councilman Schneider. upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman ncilmman Fitzpatrick felt staff and the City Attorney should bring back information as to whether or not the reader board or portapanel signs should be permitted. Cbuncilrran Schneider stated he would concur, however, he felt the City needs to not only address portable signs, but other items used in promotions such as banners, balloons, etc. -10- FRIDLEy CM CI7CTN= Imo' jm OF MARCH 28, 1988 Councilman Billings stated he believed staf f has prepared inf ormation on portapanel signs for the Planning commission's review. Yx. Robertson stated it is an administrative headache to properly enforce this ordinance. He stated part of the problem is that these portable signs are ply rented on a monthly basis and people do not want to only use then for 10 days as is permitted by the ordinance. Councilman Fitzpatrick asked if there would be a problem outlawing these signs. Mr. Herrick stated he doesn't know hew often they are being used and how the business community would respond, but from an enforcement standpoint, it would be easier not to permit them at all. Councilman Fitzpatrick felt the Council should probably wait for a recommendation frau the Planning CaTrdssion. 4. CONSIDERATION OF REVISED CDM-PFEHEENSIVE SIGN PLAN FOR MOON PLAZA SHOPPING CATER, 6201 UNIVERSITY AV TUE N.E., (OJNTINUED FROM 3/7/88): W. Robertson, cmr, * ty Development Director, stated at the March 7, 1988 meeting, the Council denied the request of Mr. Gearman, owner of Moon Plaza Shopping Center, for a revised sign plan. He stated staff contacted Mr. Gearman and discussed options of either resubmitting a new signage remodeling and facade plan or enforcing the present campreh� sivee signgp�ith He stated Mr. Gearman chose to enforce the present sign p by the tenants and City. W. Robertson stated Mr. Gearman should require all businesses with nonconforming signs to come into compliance with the approved sign plan by June 18, 1988. Yx. Robertson stated the City Attorney's office researched the problem of sign amortization and nonconforming uses may be eliminated by municipalities after a reasonable amortization period. He stated the courts have found that signs have been fully amortized after a period of three to four years. He stated in this case, all nonconforming signs have been amortized and should comply with the sign plan. Ms. Robertson stated Mr. Rim Olsen was also contacted to discuss the status of his nonconforming sign for North Star Video. He stated Mx. Olsen felt he has not been given enough time to resubmit a new sign plan ever_ though his variance expired more than a year ago. He stated staff is recommending Mr. Olson bring his sign into compliance by April 30, 1988. Ms. Carolyn Olsen stated her husband, Rim Olson, is out of town and wouldn't be back for two weeks. She stated she isn't familiar with this situation as her husband handles these issues. Cbuncilman Billings stated he talked with Mr. Olsen and the message Mor. Gearman gave to Mr. Olsen is that he would be doing a facelift on the shopping center and understood he had some bids. He felt Mr. Olsen may be dragging his feet, however, he is getting some mixed signals from Mr. Gearman as to what his plans are for the shopping center. He stated it seems MY. Olsen doesn' t want to put money into a new sign if he'll have to -11- r CI7YOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 July 15, 1988 Mr. Walter Flus 7017 Valley View Drive Edina, Minnesota 55435 RE: Noncompliance of the City Sign Cade and Riverboat Comprehensive Sign Plan at 7899 East River Rcad NE Dear Mr. Flus : An inspection of the above referenced site confirmed that two porta-panels are being displayed illegally. These signs are in violation of the City Sign Cbde, Chapter 214 and the Riverboat Ccuprehensive Sign Plan. The Sign Code states that all temporary signs, such as portapanels, can be displayed only after a temporary sign permit is issued. These permits are issued three times per year per business for norrconsecutive ten day periods. A permit has not been issued. As you recall, m March 28, 1988 the City Council deleted a portion of you Clmprehensive Sign Plan which stated "plus the detached separate readerboard sign" under itm A-1 of the sign specification and entirely delete item A-2 (see attached). This sign is considered temporary in nature. Please remove this readerboard from your property inuiediately. . I do realize that it has been anchored by cement but that does not cake it permanent. I will be reviewing this item again on July 28, 1988 and expect both of the porta-panels to be removed. If not, I will seek legal action for violation of both the City Sign Cade and the Riverboat Comprehensive Sign Plan. Thank you in advance for your cooperation. Sincerely, ti Kathlyn Castle Planning Assistant FYI NEWMAN P.A. +I,,,, Ale- ATTORNEYS AT LAW �h4a�s,r Virgil C. Herrick David P. Newman James D. Hoeft Gregg V. Herrick MEMO TO: Jock Robertson, Community Development Director Kathlyn Castle, Planning Assistant FROM: Gregg Herrick, Assistant City Attorney DATE: August 3, 1988 RE: Riverboat Plaza Center Landscaping The question has arisen as to whether or not a landscaping plan required by the original building permit can be enforced against a subsequent owner. It is my understanding that this landscaping plan was never filed with the County against the Riverboat Plaza nor was any express notice received by Mr. Klus regarding the landscaping requirement. The City has the power and the right to enforce building requirements which have some relation to public health, safety, or welfare; however, a building ordinance which is based solely on aesthetic considerations is not enforceable as against a subsequent purchaser without notice. Aesthetic considerations are enforceable with regard to building codes and requirements if they are in some way tied to the public health, safety, or welfare as a part of the overall building plan. At the time the original building permit was issued, there would be an argument that the City can enforce the landscaping requirement as an aesthetical consideration within the overall building code requirements for the project. Once the building has been constructed, the landscaping requirement on its own would not be enforceable. Mr. Walz indicated in his July 6, 1988, letter that Mr. Klus would be willing to cooperate with the City in developing a landscaping plan. I understand that the City's efforts in the past to negotiate with Mr. Klus have not been successful; however, given the fact that enforcement of the landscaping plan would be very difficult, if not impossible, the City should make an effort to reach an agreement with Mr. Klus. GVH: Idb Suite 205, 6401 University Avenue N.E., Fridley, Minnesota 55432, 612-571-3850 ..t CITY OF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 • PHONE (612) 571-3450 August 12, 1988 Guyann Wilson Shamrock Cleaners 7885 est. River Road N.E. Fridley, Iry 55432 RE: Violation of Fridley City Sign Code, Chapter 214, at 7885 Fast River Road N. E. Dear Ds. Wilson: On August 8, 1988 the temporary sign pernst for your porta-panel at the above referenced address expired. I inspected the property on August 9, 1988 and August 1.0, 1986 and fours the sign still being displayed. Please remove the porta-pard as soon as possible since you are in violation of the City Sign Code. The City Sign Code requires that te;,porary signs can only be displayed after a permit is issued. I will be reinspecting the property on August 15, 1988 for compliance. If you have ary questions regarding this item. please contact me at 571-3450 x 168. Thank you in advance for your cooperation. Si ncerely, , Kathlyn Castle Planning Assistant KC/dn C-88-375 N O R D A L E A S S O C 1 A T E S CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N. E. FRIDLEY, MINNESOTA 55432 ATTENTION: MR. RICHARD N. SOBIECH, P.E. PUBLIC WORKS DIRECTOR • A R C H 1 T E C T S AUGUST 13, 1975 RE: MERIDIAN DEVELOPMENT - 79TH WAY N.E. AND EAST RIVER ROAD DEAR MR. SOBIECH: THIS LETTER WILL CONFIRM ON BEHALF OF MERIDIAN CORPORATION THE INTENTION TO PROCEED WITH THE DEVELOPMENT AS SUBMITTED TO THE CITY OF FRIDLEY AND ACCEPTING. ALL THE STIP- ULATIONS REQUIRED AS OUTLINED IN THE ENCLOSED SUMMARY WHICH WAS RECEIVED FROM MR. SOBIECH WITH AN AUGUST 5, 1975 LETTER. WE TRUST THE FINAL CITY COUNCIL APPROVAL CAN BE EXPEDITED UPON RECEIPT OF THIS LETTER. WE ARE LOOKING FORWARD TO PROCEEDING WITH THE CONSTRUCTION AS SOON AS THE FINAL CONSTRUCTION DRAWINGS HAVE BEEN COMPLETED AND APPROVED BY THE CITY. AGAIN, WE EXPRESS THANKS TO THE CITY OF FRIDLEY FOR ITS TIME AND THE CONSIDERATION EXTENDED TO US. SINCERELY DAVID E. NORDALE PRESIDENT NORDALE ASSOCIA*S ARCHITECTS Y r DEN/DNS ENCLOSURE 3 2 5 0 WEST 66TH STR E ET M INN EA POLI S, M INN E SOTA 5 5 4 3 5 (6 1 2 1 9 2 5- 3 6 4 6 CITY COUNCIL RECOMMENDED APPROVAL OF THE DEVELOPMENT AS PROPOSED BY MERIDIAN CORPORATION AT THE INTERSECTION OF 79TH WAY AND EAST RIVER ROAD WITH THE FOLLOWING STIPULATIONS: 1. Extensive landscaping on the site; plan filed with Planning Department. 2. Berming to be of sufficient height to protect the residents from automobile lighting. (as indicated on the plans) 3. Additional plants (as marked on the plans). 4. Entire building would be brick. S. Buffer plantings incorporated with berm. 6. Lighting focused down so as not to shine into the residential property owner's windows. 7. All blacktop adjoining green area to be separated by poured concrete curbing. 8. No egress from the development onto East River Road; ingress only. 9. Refuse area should have solid screen, no gate opening onto the service drive, the portion not being used for refuse storage and handling to be used for plantings. 10. Sidewalk connection constructed to Lincoln Street. If an agreement cannot be reached between Meridian and Fudali, the sidewalk connection should be constructed anyway, but only on Meridian's property. This will offer property protection from nearby residents. 11. Parking moved down to 20 feet to pick up additional room to enable cars to face in instead of against each other. 12. Applicant will petition the City for rezoning from C -2S to C-1 and there will be no contest on zoning change in future. 13. Easements to be dedicated to City of Fridley as noted on attached map. 14. Applicant will construct a deceleration lane from the driveway abutting East River Road to the south. The decelaration lane is to be a 12 foot wide bituminous section with a 2 foot gravel shoulder and is to extend southward from the driveway entrance 100 feet southward fromthe south radius and then taper at 15:1 to tie back into the existing roadway. The typical section shall consist of 8" Class V base, 12" asphalt binder course (MHD 2341) and 1211 asphalt wearing course (MHD 2341). All con- struction shall be in accordance with the Minnesota Department of Highways Standard Specifications for Highway Construction dated January 1, 1972, and as amended by Supplemental Specification for Highway Construction dated January 1, 1974. RNS/jm 8-5-75 0 0 RIVERBOAT CENTER LEASING PLAN JW i `7 8 83 'I88S ']687 � 7897 7899 7883 GROCERY HUT 7885 EXPANSION CONVENIENCE STORE & DRY CLEANER DROP STORE 7887 CHIROPRACTOR 7891 SPACE FOR FOOD USE 7897 VIDEO THEATER 7899 CUTTING ROOM ONLY - HAIR CITY OF FRIDLEY MINNESOTA B U I L D I N G P E R M I T R E V I E W Page 1 of 1 Zone: C-1 FILE NO. / ADDRESS: ppIQ ..-,( (See current Code requireaenta for detailed explanation)uC� �C/� I ITEM REQUIRED ACTUAL 0[ _- COMMENTS Lot Area 20,000 sq. ft.1 I ✓ I Lot Coverage: 1 story 40%-1 -71 Spec. Bldg. 1 2 story 3511 I_I 3 story 3011 1_I Building Setbacks: Rear Lot Line 5 ft.1 I Build M Front Iard Alley Right of Way 35 ft -1 I ✓ I Side Yard 15 ft -1 - With Driveway 30 ft -1 I I Corner Lot 35 ft -1 �f 171 Rear Yard 25 ft.1 1_1 Additional Setback (Adj. Res.) 30 ft.1 W I X I Building Height 3 Storie3/45 ft.1 I Parking Ratio: Retail Service Uses Vav � c�c.ea a�er1 1 a Stall/150 aq. ft -1 I X ✓�„ract Theater, Restaurants, etc. 1 Stall per lo0s1-44.1 Office 1 Stall/250 sq. ft -1 Spec. Bldg. 1 Stall/200 sq. ft.1 1_I Handicap _ 1 Stal1/50 parking stallal I_I Parking Setback From: Public Right of Way 20 ft.l IA. P7 Side Lot Line 5 ft.i I_I Rear Lot Line 5 ft.1 I Build M 5 ft.l 17� Alley Right of Way 15 ft -1 D ivParki Aisles* at�t Sffd'�. �DT" Inti✓ I ew_ ng 2 -way Traffic 25 ft.1 ?fi -,t A.+ i�wkVVV a ,)IJ I,e_ 1 -way Traffic 18 ft.1 f I ✓� - Driveway Width 32 ft.1 y� I Driveway Angle 60 IW►(� �� Intersect. ROY 2/3 Width/75 ft.[ Curb 61 Poured Concrete! I_ I VY • Curb Rad11_ 10' R.1 Parking Stall Size: Regular 101 x 20' (200 sq. ft.) I {OxZp 1 ✓� Handicapped 12, x 20, (240 sq. ft.)l Abutting curb/sidewalk 10, z 18, (180 sq. ft.)I {_ Landscaping: Underground Sprinklingl Interior Parking Lot Improvementl Approved Landscaping Plans! Refuse Location Rear/Side Yard-Screenedl {_I Loading Areas Rear/Side Yard -Screened! Drainage Approved Plan► Screening Of: Parking Facilities Outside Storage Refuse Containers Roof Equipment Loading Docks Res. Dist. 15 Foot Planting Strip! Miscellaneous: Lighting Shaded/Diffused! Bike Racks Motorcycle Parking Signage For Safety Security Sidewalk Easement 3/0/8/28 tilaJ 4D "4 -s,)6,,-4- �-'�e4A;I cwrl�l • olid ��, iv►s�ec�i�. �i I� revic�✓ I — uvJ-lick wA k I c�� - o A' u nwAi aWP✓i m& aipAr-lruc�- -b✓ c�n1 r- GGCCdJg� — -�vvil�w:�r�. ✓e%Zv✓ � �o�' regv�iQi �rcu �a✓► JrOWT,44A,. 1 1� • lazes -6 6w vii ll -}ragc- LA, c t vaAed afwnd -TUV;T Ilbp ? • la,�isc�� v �,.eal 3 to,WeA I ;,�✓; a;o,�.�--lvu�s cine. — b wilt lx r Olred I • �S �� la, -his � wto�- In�w� (v�,e� co��l +�d wri% � ��w� � CINOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 January 8, 1993 Manager Checks Cashed 7881 East River Road Fridley, MN 55432 RE: Display of Temporary Signs Dear Sir/Madam: The City of Fridley's Sign Code, Chapter 214, requires the issuance of a permit for the display of temporary signs including banners, balloons, pennants, porta panels, or any other sign which the City determines is temporary in nature. Each permit allows the display of a temporary sign for a maximum of 14 days. The permit fee (either $24 or $60) is determined by the square footage of the sign, and a $200 deposit is required to be submitted. The deposit is returned to the applicant upon prompt removal of the sign. I observed that you are displaying a porta panel advertising your services. Please complete the enclosed application and return it to me with the appropriate fee and deposit no later than January 13, 1993. You are permitted two permits per year. Failure to comply with the code will result in removal of the sign. Please allow 2-3 weeks for processing after the expiration of the permit for your deposit to be returned. If you have questions or concerns, please contact me at 572-3593. Sincerely, Michele McPherson Planning Assistant MM:ls cc: Walter Klus 7017 Valley View Road Minneapolis, MN 55439 C-93-07 007 18, ' — 15'�9 BF.'CJ01I-,_ F: -j1-' j BROOKS' FOODS, INC. WASHINGTON SQUARE SOUTH 7550 Washington Avenue South Eden Prairie, Minnesota 55344 (612) 943-2991 FAX 943.8086 October 18, 1993 Mr. Wally Klus W.W. Klus Realty, Inc. Suite #112 5100 Eden Avenue Minneapolis, Mn. 55436 Dear Wally; Please accept this letter as a firm commitment that Brooksf Foods, Inc. will be installing gas pumps at the location we lease from you at Riverboat Center, 79th way & East River Road, Fridley,Mn. 55132. We have entered into an agreement with Mobil oil for the servicing of fuel at the above referenced property and will have the final installation bids no later than Wednesday of this week. We fully expect to apply for the permit from the City of Fridley within the next several weeks. If you have any questions, please contact me. cerely; is a user President OCT 1^ ,9_ .1SI.�q "F,'ijr:,{c. F=j:-jLi'= October 18, 1993 Mr. Wally Klus W.W. Klus Realty, Inc. Suite #112 5100 Eden Avenue Minneapolis, Mn. 55436 Dear Wally; P. 1:"1 BROOKS' FOODS, INC. WASHINGTON SQUARE SOUTH 7550 Washington Avenue South Eden Prairie, Minnesota 55344 (612) 943-2991 FAX 943-8086 ?lease accept this letter as a firm commitment that Brooksf Foods, Inc. will be installing gas pumps at the location we lease from you at Riverboat Center, 79th way & East River Road, Fridley,Mn. 55432. We have entered into an agreement with Mobil Oil for the servicing of fuel at the above referenced property and will have the final installation bids no later than Wednesday of this week. We fully expect to apply for the permit from the City of Fridley within the next several weeks. If you have any questions, please contact me. cerely; j l\ 1 f iS auser /V Prsesident IW GTYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 October 20, 1995 The Gym 6525 University Ave N.E. Fridley, MN 55432 Jim Lupient Car Dealer Attn. Carl Huntley 7810 University Ave. N.E. Fridley, MN 55432 Brooks Foods Attn. Store Manager 7899 East River Road Fridley, MN 55432 The Gym Attn. Store Manager 6525 University Ave. N.E. Fridley, MN 55432 Jim Lupient Car Dealer Attn. Store Manager 7810 University Ave. ME Fridley, MN 55432 Points West Attn. Property Manager 715 Florida Ave. Minneapolis, MN 55426 RE: The Improper Display of Portable Signs in the City of Fridley. ATTENTION PROPERTY OWNERS AND MANAGERS, Theisen B. Partnership Attn. Norma Swanson 361 Rice Creek Terrace Fridley, MN 55432 Northtown Nissan Attn. Property Manager 7825 Washington Ave. S. Edina, MN 55439 It has been observed by my office that your organizations are displaying portable signs in violation of the City of Fridley Sign Code. As Code Enforcement Officer it is my duty to inform you of this violation, ask that you correct it immediately, and inform you of the legal ramifications if this situation remains uncorrected. To display a portable sign in the City of Fridley, the responsible party and/or property owner must first apply for a permit. If a permit has been issued it is the duty of the responsible party and/or property owner to abide by all applicable sign code requirements. For information on your specific zoning district regulations regarding portable signs please contact the City of Fridley Planning Department at 572-3593. Should you decide to disregard this violation notice and the sign(s) remain in place after November 4, 1995, I will proceed with legal action. Violation of the sign code in this manner is The Improper Display of Portable Signs in the City of Fridley. October 20, 1995 Page 2 punishable by a misdemeanor charge with each day the violation continues viewed as a separate offense. In addition, should you fail to remove the sign(s) or bring them in to compliance within twenty (20) days of this notification such signs will be removed by the City of Fridley. The cost of this removal, including any City expenses, shall be a special assessment against the property upon which the sign(s) was located. I encourage your cooperation in this matter. Please call me at 572-3595 if you have any questions or concerns. Sincerely, CITY OF FRIDLEY: Kurt Jensen -Schneider Code Administration cc:Michele Mcpherson Scott Hickock KJS:kjs CEM -95-292 a�0 DATE: Community Development Department PLANNING DIVISION TO: Walter Cole, Cashier City of Fridley FROM: Michele McPherson, Planning Assista�`:J SUBJECT: The Release of Deposit for 7899 East River Road N.E. Walter Klus, owner of the above referenced property, has completed the required landscaping to the City's satisfaction. Please refund $241.69 deposited with the City to ensure completion of these improvements. The deposit may be mailed to Walter Klus at W. W. Klus Realty, 5100 Eden Avenue, Edina, MN, 55435. If you have any questions, please contact me at extension 593. MM:Is M-95-578 Arm G7YOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 September 13, 1996 Inkredible Tattoos 7885 East River Road Fridley, MN 55432 Attention: Donna Ruettmann Dear Ms. Ruettmann: The City of Fridley has analyzed the zoning restrictions in the C-3, General Shopping Center District. Although Fridley's City Code is not specific in identifying "tattoo facilities", staff has determined that with the following stipulations understood prior to opening, your operation is consistent with the "retail service" activity portion of the code. Stipulations to be observed include: No photographs of private portions of the human anatomy shall be displayed in areas where they can be viewed by the general public.. 2. All necessary sign permits shall be applied for and approved .prior to installation. 3. All tattoo operations shall comply with the provisions of the Anoka County Tattoo Parlor Licensing requirements. If you have any questions regarding this matter, please call me at 572-3599. 1 will place a copy of this letter in your address file to indicate that you have discussed the zoning issue and a determination has been made that your business is consistent with the zoning requirements, with the observation of the aforementioned stipulations. Sincerely, CITY OF FRIDLEY Scott Hickok Planning Coordinator SH:ls C-96-203 DATE: March 19, 1997 TO: FILE � en, q C.' - MEMORANDUM PLANNING DIVISION FROM: Michele McPherson, Planning Assistant SUBJECT: Nonconforming Properties Adjacent to East River Road As a result of Anoka County acquiring additional right-of-way for expansion of East River Road, this property was rendered nonconforming. Please refer to the attached chart which indicates the extent of the nonconformity. MM:Is M-97-137 EAST RIVER ROAD PROPERTIES AFFECTED BY ANOKA COUNTY RIGHT OF WAY ACQUISITION ADDRESS EXISTING NEW REQUIRED SETBACK CONFORMING USE SETBACK SETBACK SETBACK TYPE 7845 East 97.02 ft 89.1 ft 35 ft front yard yes River Road apartments Apartment 46 ft 38.28 ft 35 ft front yard yes garage 321 791h Ave. 53 ft 36.3 ft 35 ft front yard yes apartment 7948 East 32.34 ft 17.49 ft 17.5 ft side corner yes River Road 132 28.38 ft 27.06 ft 17.5 ft side corner yes Stonybrook 7950 East 34.65 ft 28.7 ft 17.5 ft side corner yes River Road Garage north 24.75 ft 23.76 ft 35 ft front yard no, before and of above after 8051 East 41.91 ft 30.36 ft 35 ft front yard no, after River Road 305 Liberty 93.06 ft 72.93 ft 17.5 ft side corner yes 440 Ely Street 79.2ft 61.38 ft 17.5 ft side corner yes 8161 Fairmont 93.39 ft 65.01 ft 35 ft front yard yes Circle 450 Hugo 73.92 ft 43.89 ft 17.5 ft side corner yes 8191 East 71.28 ft 40.92 ft 35 ft front yard yes River Road 500 Ironton 55.11 ft 31.15 ft 35 ft front yard no, after 97 Craig Way 47.5 ft 23.1 ft 35 ft front yard no, after 7680 East 37.95 ft 13.5 ft 17.5 ft side comer no, after River Road 38.94 ft 23.76 ft 35 ft front 119 Craig Way 63.69 ft 40.92 ft 17.5 ft side corner yes 50.82 36.3 ft 35 ft front 7942 East 49.5 ft 33.3 ft 35 ft front yard no, after River Road 8080 East 58.74 ft 33.9 ft 35 ft front yard no, after River Road 8100 East 50.16 ft 50.16 ft 35 ft front yard yes River Road Laundromat 31.68 ft 1.65 ft 35 ft I front yard no, after 499 Glencoe 38.28 ft 8.58 ft 35 ft front yard no, after ADDRESS EXISTING NEW REQUIRED SETBACK CONFORMING USE SETBACK SETBACK SETBACK TYPE 8164 East 43.56 ft 14.19ft 35 ft front yard no, after River Road 8180 East 37.95 ft 8.58 ft 17.5 ft side corner no, after River Road 8182 East 38.28 ft 14.19 ft 17.5 ft side corner no, after River Road 8184 East 38.28 ft 14.52 ft 35 ft front yard no, after River Road 8200 East 34.98 ft 9.9 ft 17.5 ft side corner no, before and River Road after 510 Janesville 38.61 ft 12.54 ft 17.5 ft side corner no, after 421/432 39.27 ft 8.58 ft 17.5 ft side corner no, after Ironton 461 Hugo 33.66 ft 3.63 ft 17.5 ft side corner no, after Street 8114 Fairmont 36.96 ft 8.58 ft 17.5 ft side corner no, after Circle 8102 Fairmont 33.99 ft 5.61 ft 17.5 ft side corner no, before and Circle 33.99 ft 17.16 ft 35 ft front after 8104 Fairmont 35.31 ft 26.73 ft 35 ft front no, after Circle 8027 Fairmont 21.45 ft 9.9 ft 17.5 ft side corner no, after Circle 46.53 ft 17.16 ft 35 ft front 7899 East 52.8 ft 33 ft 35 ft front no, after River Road Oft 20 ft hardsurface 7663 East 64.35 ft 34.65 ft 35 ft front no, after River Road Fire Station 29.7 ft Oft 35 ft front no, before and after 7701 East 80.19 ft' 62.37 ft 35 ft front yes River Road 8061 East 90.09 ft 78.54 ft 35 ft front yes River Road CINOF FRlDLEY May 21, 2003 FRIDLEY MUNICIPAL CENTER • 6431 liNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (763) 571-3450 • FAX (763) 571-1287 INKREDIBLE TATTOOS 7885 EAST RIVER RD NE FRIDLEY, MN 55432 RE: ILLEGAL SIGNAGE AT 7885 EAST RIVER RD NE Dear Business Owner/Manager: It has been observed that your business has erected a wall sign "Tattoos" in violation of the City of Fridley Sign Code. As the Planner in charge of sign code administration for the City of Fridley, it is my duty to inform you of this violation and the legal ramifications if this situation remains uncorrected. To display any signage in the City of Fridley, the responsible person and/or property owner must first apply for a sign permit. The sign permit application must also be accompanied by the appropriate fee and the property owner's signature. In the case of multi -tenant buildings, the signage must meet all City code requirements as well as any specific criteria required by the buildings individual comprehensive sign plan. Violation of the Sign Code is punishable by a misdemeanor charge, with each day the violation continues viewed as a separate offense. In addition, if you fail to remove the sign or bring it into compliance by obtaining a sign permit and paying the City's investigation fee within twenty (20) days of this notification, your sign will be removed by the City of Fridley. The cost of the removal, including any City expenses, shall be a special assessment against the property upon which the sign is located. Should you decide to disregard this violation notice and the sign remains in place without a permit after Tuesday, June 10, 2003, 1 will proceed with legal action. I encourage your cooperation in this matter. Please call me at 763-572-3595 if you have any questions or concerns. Sincerely, CITY OF FRIDLEY Stacy Stromberg Planner C :Address File SS:ls CE -03-266