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ZOA87-03 CITY OF FRIDLEY REZONING REQUEST ZOA 6431 UNIVERSITY A N.E. FRIDLEY, MN 5543 VACATIOO&EQUEST SAV * 1 (612)571-3450 PLATTING REQUEST P.S. # REQUEST FEE _y� PARK FEE RECEIPT # SCHEDULED PLANNING CDMMISSION MEETING DATE SMEDULED CITY COUNCIL MEETING DATE PROPERTY INFORMATION PROPERTY ADmEss lv5 ✓ n G. W4. C LEGAL DESCRIPTION: LOT BLACK TRACT/ADDITION Tycs�t•'� �G;VR.L� �0 . PRESENT ZONING REQUESTED ZONING �- Z REASON FOR REQUEST: A site plan showing the proposed future use is required for all rezoning. FEE OWNER INFORMATION NAME (please print) BERT - TO,yr"0/1A PHONE # .5-7 y -ys Y/ ADLRESS �� l C� L•t�� L d C1 �5 7/- GG �x-a i � SIGNATURE DATE �//,I J's7 *Note *°r* Contract********* * *** '' �F* " * * ' r*'******** ******** ********* PETITIONER INFORMATION NAME (pleasep int) � C �i G ONE �j 4 �0 — � y� ADERE]SS J C SIGNATUREDATE PLANNING COMi•IISSION APPROVED DENIED DATE CITY 0D UNCIL: APPRC VED DENIED DATE STIPULATIONS: The petitioner hereby understands that: 1. The City will notify all residents and owners of property within 200 feet of said property. 2. This application must be signed by all owners of the property, or an explanation given why this is not the case. 3. Responsibility for any defect in the proceedings resulting from the failure to list the names and address of all residents and property owners of property in question, belongs to the petitioner. 4. A scaled plan of pr opo sed property and structure must be drawn and attached, showing the following: North direction Location of the proposed structure, and front and rear setbacks. Landscaping if applicable Street names Location and use of adjacent existing buildings within 350 feet. CITY OF FRIDLEY REZONING REQUEST ZOA * 0 0 6431 UNIVERSITY M` N.E. 1� FRIDLEY, MN 554;01 VACATIO&EQUEST SAV # (612)571-3450 PLATTING REQUEST P.S. # REQUEST FEE 300 PARK FEE RECEIPT # SMEDULED PLANNING COMMISSION MEETING DATE SCHEDULED CITY COUNCIL fJEETING DATE PROPERTY INFORMATION PROPERTY ADMESS LFI;AL DESCRIPTION: tvrd -61C LOT BLOCK TRACT/ADDITION 7y'2td FRESENI' ZONING "' ' REQUESTED ZONING C• T- REASON FOR REQUEST: A site plan showing the proposed future use is required for all rezoning. ************************************************************************************ FEE OWNER INFORMATION NAME (please print) P 0ZC4;t,10CE PHONE # f- d Dov ADIRESS o2l vert �- SIGNATURE �c�e� �� - DATE ?� Note to Contract Purchase*rs�;**Mk-M �&I* V�*�s*iv* WAX*******� ********�********* ************************* PETITIONER INFORMATION KLAuS C.:Fze y 1 N aE R NAME (Please rint) �GG� PHONE #l(a( fogf)- 0484 ADIRESS Ub -J ST.U' J ti uss�kto SIGNATURE 4A v , y VDATE ********************** ************************************************************* PLANNM COMISSION APPRWED DENIED DATE CITY 0OUNCIL: APPROVED DENIED DATE STIPULATIONS: i The petitioner hereby understands that: 1. The City will notify all residents and owners of property within 200 feet of said property. 2. This application must be sided by all owners of the property, or an explanation given why this is not the case. 3. Responsibility for any defect in the proceedings resulting from the failure to list the tames and address of all residents and property owners of property in question, belongs to the petitioner. 4. A scaled plan of proposed property and structure must be drawn and attached, showing the following: :3 North direction Location of the proposed structure,, and front and rear setbacks. Landscaping if appl ica bl e Street names Location and use of adjacent existing buildings within 350 feet. Arm W CITY OF FRIDLEY REZONING REQUEST ZOA ® 6431 UNIVERSITY AUX-. N.E. 54AP FRIDLEY, MN 5VACATIO&EQUEST SAV # (612)571-3450 PLATTING REQUEST P.S. # REQUEST FEE PARK FEE JAIA, RECEIPT # SCHEDULED PLANNING OX2USSION MEETING DATE SGIEDULED CITY COUNCIL t4EETING DATE PROPERTY INFORMATION PROPERTY j1DDRESS 6530 East River Road, Fridley, Minnesota MEAL DESCRIPTION: LOT N/A BL= N/A TRACT/ADDITION Tract C, RLS No. 19 PRESENT ZONING G I REQUESTED ZONING C Z REASON FOR REQUEST: A site plan showing the proposed future use is required for all rezoning. Restaurant use is proposed for the property, and is not permitted under the C-1 category. Use- of adjncent and nPnrby properties is consistent with C-9 zoning. FEE OWNER INFORMATION NAME (please print) Richard D. Wise and PHONE # Stephan S. Day ADDRESS 23123 Erskine St. Ni, Bethe , M14 550055 SIGNATU X�� -G is ar i:sep an j�W;Waprior to PETITIONER INFORMATION NAME (please print) Klaus C. Freyinger PHONE # 612/690-0784 ADDRESS 132 Bobland flace, St. Paul MN 55116 SIGNATURE DATE June _ , 1987 Kiftus G. FreT91tt *********************************************************** PLANNING 0XVISSION : APPROVED DENIED HATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: Me petitioner hereby understands that: 1. The City will notify all residents and owners of property within 200 feet of said property. 2. This application must be signed by all owners of the property, or an explanation given why this is not the case. 3. Responsibility for any defect in the proceedings resulting frau the failure to list the names and address of all residents and property owners of property in quest3.on, belongs to the pE titioner. 4. A scaled plan of pr opo sed property and structure must be drawn and attached, showing the following: North direction Location of the proposed structure, and front and rear setbacks. Landscaping if appl icabl e Street names Location and use of adj ace nt existing buildings within 350 feet. Ale April 15, 1970 RIVERVIEW COMMERCIAL CENTER WATER MAIN EASEMENT Description of a 20 foot wide Water Main Easement on Tract B, C and D, Registered Land Survey No. 19, Anoka County, Minnesota being 5 feet on the Southwest and 15 feet on the Northeast, side of the following described line: Commencing at the South- west corner of Tract D, Registered Land Survey No. 19, Anoka County, Minnesota; thence northeasterly along the southerly line of said Tract D on an assumed bearing of North 73 ° 23 ' 35" East a distance of 209. 65 feet; thence North 24° 18 ' 26" East a distance of 17 feet to the actual point of beginning of the line to be described; thence North 710 29 ' 42" West a distance of 36 feet; thence Nort- 240 19 ' 59" West a distance of 235.41 feet; thence North 630 54 ' 48" West a distance of 72 feet more or less and there terminating. Farm No.27•M—GUIT CLAIM DEED Minnesota Uniform Conveyencins Weeks(1978) M14.1-D,.—c:, q , Individual(s)to Individual(s) �G- No delinquent taxes and transfer entered;Certi Icate v be" of Real Estate Value ( )filed ( )not required 1 Certificate of Real Estate Value No. reL '19— 19 �f o/ County Auditor Gr _ by Deputy STATE DEED TAX DUE HEREON: $ Date: July 14 '1987 (reserved for recording data) FOR VALUABLE CONSIDERATION, Randall Paul Olchefske and Joan E. Olchefskea his wife (marital ,Grantor(s(marital status) hereby convey(s)and quitclaim(s)to Klaus Freyinger and Evamaria Freyinder, his wife Grantee(S), real property in Anoka County,Minnesota,described as follows: _ A 20.00 foot wide easement for utility purposes over Tract D, Registered Land Survey No. 19, Anoka County, Minnesota, the center line described as follows: Commencing at the y southwest corner of said Tract D; thence on an assumed bearing on N 730 23' 35" E, along the southerly line of said tract, 209.65 feet; thence N 240 18' 26" E, 17.00 feet; thence N 71° 29' 42" W, 20.00 feet to the actual point of beginning; thence N 18° 30' 18" E, 20.00 feet; thence N 240 19' 59" W, 75.00 feet; thence S 650 40' 01" W, 25.00 feet and there terminating. 'f more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto. Affix Deed Tax Stamp Here Ir2 �2 STATE OF MINNESOTA Ss _. COUNTY OF Anoka k�— The foregoing instrument was acknowledged before me this14 day of July ,19 87, by Randall Paul Olchefske and Joan E.Olchefs e, is wi e Grantor(s). NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) ------------------ SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT .. 3.C.SAVELKOUj Ta:Statements for the real property described in this Instrument should NOTARY PUBLIC—MINNEbe sent to(Include name and address of Grantee): - ANOKA COUNTY 9My Commiselon Eupine Oct.t THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS):I i Donald C. Savelkoul 6315 University Ave. N.E. Fridley, Minnesota 55432 i i Form No.116-M Minnesota Uniform Conveyancing Blanks(1978) Miller-Davis Co Minneapolis �odividual State of Minnesota, SS. Affidavit Regarding Seller(s) County of Robert H. Schroer and J. Katherine Schroer being first duly sworn, on oath say(s) that: 1. (They are) the person(s) named as GmanYnr in the document dated July , 198.2, and filed for record , 19_, as Document No. , (or in Book of Page ) in the Office of the 1t1o)mJy mnJ,vd(Registrar of Titles) of Anr)lra County, Minnesota. 2. Said person(s) (is) (are) of legal age and under no legal disability with place of business(es) (respectively) at 7620 University Avenue NE, Fridley MN � E and for the last ten years (has) (have) resided at: i 490 Rice Creek Boulevard Northeast Fridley, MN 3. There have been no: a. Bankruptcy, divorce or dissolution proceedings involving said person(s) during the time said person(s) (have) (has) had any interest in the premises described in the above document ("Premises"); s b. Unsatisfied judgments of record against said person(s) nor any actions pending in any courts,which affect the Premises; C. Tax liens against said person(s); i except as herein stated: 1 i 4. Any bankruptcy, divorce or dissolution proceedings of record against parties with the same or similar names,during the time period in which the above named person(s)(has)(have)had any interest in the Premises, are not against the above named person(s). 5. Any judgments,or tax liens of record against parties with the same or similar names are not against. the above named person(s). 6. There has been no labor or materials furnished to the Premises for which payment has not been made. 7. There are no unrecorded contracts,leases,easements,or other agreements or interests relating to the Premises except as stated herein: f 8. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document except as stated herein: i 9. There are no encroachments or boundary line questions affecting the Premises of which Affiant(s) (has) (have) knowledge. Affiant(s) know(s) the matters herein stated are true and make(s) this Affidavit for the purpose of inducing the passing of title to the Premises. / Obert H. Schroer Subscribed and sworn to before me this �nday of July 19 87 J. Katherine Schroer THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): Fredrikson & Byron, P.A. SIGNATURE 6F NOTARY PUBLId OR OTHER OFFICIAL 1100 Interntional Centre 900 Second Avenue South NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) Minneapolis, MN 55402 _t%SOTA ANOKA COU'4TY 13, 1987 My cornmiss,on expires 3• . i Form No.1-M—WARRANTY DEED Minnesota Uniform Conveyancing Blanks(1978) Miller-Davis.. Minneapolis Individual(s) to Individual(s) % 0 No delinquent taxes and transfer entered;Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ 59.40 Date: July 3 , 1987 (reserved for recording data) FOR VALUABLE CONSIDERATION, Robert H Schroer and T Katherine Schroer, husband and wife , Grantor(s), (marital status) hereby convey(s) and warrant(s) to Klaus C Freyinger , Grantee(s), real property in Anoka County,Minnesota, described as follows: Tract B, Registered Land Survey No. 19, according to the survey on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota, (if more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: t Robert H. Schroer t . Katherine Schroer STATE OF MINNESOTA SS. COUNTY OF AV°K l9 The foregoing instrument was acknowledged before me this LLD day of July by Robert H. Schroer and J. Katherine Schroer, husband and wife_ __ Grantor(S). NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) C� — ��C• o�Jt��<'`. SIGNATURE''OF PERSON TAKING ACKNOWLEDGMENT A L�P1�� L. Lr v " ((( Tax Statements for the realDroDertY described in this Instrument should be sent to(Include name and addrew of Grantee): S` my com ni si,❑ F. , !tea• i3, 1937 i --- Klaus C. Freyinger —.-. _ _. ..—_ ......_�....... .......... .......... 1323 Bohland Place THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS) St. Paul, MN 55116 Fredrikson & Byron, P.A. 1100 International Centre 900 Second Avenue South Minneapolis, MN 55402 City of Fridley ,Official Publication, PUBLIC HEARING BEFORE THE PLANNING COMMISSION NOTICE IS HEREBY GIVEN that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 L ai- Aersity Avenue Northeast on Wednes- day. July 8. 198: in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a Rezonin8 ZOAA . 87.03. by Randali Olenefske and Klaus Frevinger* to rezone from C-1 (Local Busi- ness) to C-2 (General Business) on Tract B.C.and D.Registered Land Survey No. 19. the same being 6520. 6530 and 6536 East River Road X.E. .any and all persons desiring to-be heard shall be given an opportunity at the above stated time and place. STEVE BILLINGS Chairman Planning RID Commission (June 29 19871- • • 1C RJBLIC HEARING BEFORE THE PLANNING CDMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, July 8, 1987 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Rezoning, ZOA #87-03, by Randall Olenef ske and Klaus Frey inger, to rezone from C-1 (Local Business) to C-2 (General Business) on Tract B, C, and D, Registered Land Survey No. 19, the same being 6520, 6530 and 6536 East River Road N.E. Ary and all persons desiring to be heard shall be given an opportunity at the above stated time and place. STNV E B ILLINGS CHAIRMAN PLANNING CDMMISSION Publish: June 22, 1987 June 29, 1987 I ZOA #87=03 VA W. - S1F fske J' -" -rs..... .. ;'4Y o �V ( � Kla ger c4) (eel � / ' ¢� PZ. fe/ Icherei of f�elol' C��i (/�• f PCS` ---i � `�1)� / (y0) FRID SA NO I � rie �•v1� ,5 a t,. ��.'�� S yl to tih� '!r �.s r,sst 'pA t9 fr'a9 1- I 19 ° ii� we A.rjMl✓ \ - '� Y p ly o UNT 4i /A lot 13 %t€t IVA d u Is PL ik 9 �90 I ?`w• N ib ,i 00) (ra) riSA. / 14 nw; RIC } K� v \�a ;4= (5=) ter AQ% (pao)n✓Icnc 1110) IN V poo Jr. (�) ss r ('l) ik it 11 0. I asp go �,,(9+) e•�. ' R if ! q s 1 ! s 1Or P r/ i 1 l �• lips•�f�n 'yr•6� M)T� 1 h lO N r1 w 40, I 35 w w4�v 1 ' f1'11G m (/ eta. 13 117- 19 . � � .. N ti • r ! • 1�1 PlannAp 6/22/87 ZOA #87-03 Council 7/16/87 SP #87-15 MAILING LIST Randall Olehefske Riverside Car Wash Randall Olehefske Riverside Car Wash 6520 East River Road N.E. Fridley, PRI 55432 Denise Smith 6492 Riverview Terrace N.E. Fridley, DIN 55432 Denise Smith 6496 Riverview Terrace N.E. Fridley, MN 55432 Resident 117 Mississippi Place N.E. Fridley, PMI 55432 Robert Andres 3368 - 8th Avenue North Anoka, P*I 55303 Ch-Ox Properties, Inc. 13562 Highway 65 N.E. Anoka, MN 55303 xCh-Ox Properties 137 Mississippi Place N.E. Fridley, MN 55432 Resident 157 Mississippi Place N.E. Fridley, PMI 55432 Paul Kelley 438 Royal Oak Drive Pii.nnetonka, MN 55435 Carl Christensen 6501 East River Road N.E. Fridley, MN 55432 Tycon Management 6540 East River Road N.E. Fridley, MN 55432 Tycon Management 321 University Avenue SE Minneapolis, MN 55414 Klaus Freyinger 1323 Bohland Place St. Paul, MN 55116 L y r 1127 �V �UsKt, �V G• Z �✓ 'R.�� . a'oy.•1 w-. . J eat e4%4A, 6 week . 44,.V4 14 AD U1!"' K"S to/ 1 % . I, jj�c a- 1a t ori w a recd4je da dvlkre 1`t� --ae—Av,�- Vux)=i- Za` civ j a'n ��, &YlrOf 4ya 4 W I - d I fIr i 1f _ � M � I ♦ I I _ — _Y.�Y -_ �� }=1+' 1'• �_ — r `^t^�'� 1�- �F"'+Pi3 +t' - i '�"'s..'�1 _'I 1 1'i 1119n� _- ..I _ _ _ _—_ _ • � + I , ! 11 I � f I � r ,♦ i I I 1 f I , I I , f 1 I I I I I I F T � _ r I I I I 4 l - r I 1+ I �y�—� - - , I I I .a 1 I KLAUS C. FREYINGER 1323 BOHLAND PLACE ST . PAUL, MINNESOTA 55116 Richard D. Wise 23123 Erskine St . NE Bethel , MN 55055 Stephan S . Day RE: Contract for Deed on 6530 East River Road, Fridley, Minnesota Dear Mr . Wise and Mr . Day: This is in regard to the Contract for Deed dated December 15, 1986 between you and I relating to 6530 East River Road, Fridley, Minnesota. In order to broaden the types of uses that are permitted for the property, I propose to apply for a rezoning from C-1 to C-2 . This rezoning will increase the value of the property and of your collateral . Please execute the enclosed- Rezoning `Request as fee owner in the maces n Also, I have determined that renovation and remodeling of the property costing in excess of $30 , 000 will be necessary to attract tenants . ,Please indicate your approval of increaglaa the permitted amount of renovation and -remodeling from $30 , 000 !tom gsn _nnn s igning nd returning— to me the c ose cop -- this letter . If you have any questions or comments, please feel free to contact me. Yours very truly, Klaus C. Freyinger KCF/dms Enclosure Page Two The undersigned hereby consent to the rezoning of the property located at 6530 East River Road, Fridley, Minnesota, from "C-1" to "C-2, " and further consent to the renovation and remodeling of the property at a cost of up to $50 , 000 . Dated: (a 1987 0 " Richard D . Wise Dated: 1987 -/ 'G —� ASthan S . Day l -- r • • 90 MEMO TO: City Council Jock Robertson, Community Developnent Director NEMD FROM: Jim Robinson, Planning CoordinatorJfL . MEMD DATE: July 15, 1987 RIG ARDIDG : Riverside Car Wash/#1 Health Club Rezoning Pro : To r¢one Tracts B, C and D, Registered Land Survey No. 19 f rom C-1 (Local Business) to C-2 (General Business) and to provide a special use permit for expansion of the car wash on Tract D. Background The caner of Riverside Car Wash, Randy Olchefske, is seeking to expand the present building by 1,252 square feet for a total of approximately 4,552 square feet. The extra space is intended for uses ancillary to the car wash business, such as polishing and buffing. The present zoning (C-1) does not allow for auto related businesses. The proposed C-2 zoning allows for auto related operations with a special use permit. We are processing a special use permit for car wash expansion and fuel dispensing ahead of the rezoning to C-2. This will allow the petitioner to commence construction prior to f inal iz ing the more lengthy rezoning application. A provision of the special use permit is that the petitioner agree to comply with all the stipulations of the rezoning. It will be a matter of record that the special use permit is intended to be valid for the C-2 zoning. This procedure has been recommended by the City Attorney's office. The adjacent vacant building lot and vacant lot (parcels C and B respectively) to the north of the car wash are also proposed for rezoning from C-1 to C-2. The petitioner is Klaus Frey Inger contract purchaser of Tract C, owner of Tract B and owner of the adjacent River Road East Apartments. Mr. Freyinger wants to lease the building as a pizza shop and therefore also needs C-2 status. There are no current plans for Tract B, which is undeveloped, however, this will also be rezoned as a comprehensive package. An overall improvement plan has been devised for all three parcels (see attached plan) . This plan provides for joint driveway and parking agreements (the car wash has no parking lot of its awn) . These plans when implemented will provide for a more functional and aesthetic development. ISI . • 9P Riverside Car Wash/#1 Health Club July 15, 1987 Page 2 Recommendation: Staff's biggest concern is the lack of parking for the car wash. At present, typically few customers park at the site, however, the expanded business would appear to involve more auto drop-off business. Mr. Frey Inger has agreed to provide for the use of up to ten stalls on Tract C for the car wash use. Mr. 01chefske should demonstrate and agree as a stipulation of his special use permit that his operation will not require additional parking. A second major concern is future use of the properties under the C-2 classification. Staff recommends that, no automotive related businesses (service or sales) be allowed on Tract B and C. Mese provisions should be incorporated on a rezoning agreement and filed against the properties. Lastly, at the July 8, 1987 Planning Commission a concern was raised regarding the car wash expansion onto an undefined waterline easement. Further research has shown that this easement is private and being handled between the property owners. Stipulation #6 has been modified to reflect this change. JLR/dm M,--87-151 • K.C.S. 9 Property Management Companies, Inc. DD July 24, 1987 City of Fridley Department of City Planning Mr. Jim Robinson City Hall 6431 University Avenue N.E. Fridley, MN 55432 Re: Re-zoning from C-1 to C-2 (local business to general business ) on Tract B, C, D - R.L.S. #19 the same being; 6520, 6530, 6536 East River Road Dear Mr. Robinson: As you know we are in the process of re-zoning the above mentioned lots with the intention of leasing the empty building on Tract C. We have talked to several prospective tenants and have signed a Lease with Checkerboard Pizza. They are not a restuarant, but a pizza delivery operation. They will lease the back one-third of the building (approx. 1 ,000 square feet) . Since it is essential for both us and the tenant to go ahead with the project, (my carrying costs per year are about $20,000 .00) we ask that you grant a building permit after the August 3rd hearing date. We are sure that a delivery operation would not require re-zoning. This means that the re-zoning is essential only for the remaining two-thirds space in the front of the building. Of course we would comply with the stipulations of the re-zoning. Suite#206, 7300 France Ave. So., Edina, Minnesota 55435 — (612) 893-1101 • We would greatly appreciate your coopperation in this matter. Especially since its not easy to find a decent tenant. While I am abroad, my attorney Brian Formella will attend the August 3rd hearing. We ask that you let him know if we have your approval . SWrK cc: Brian Formella FREDRIKSON & BYRON A PROFESSIONAL ASSOCIATION Mr . James Robinson August 5 , 1987 Page 2 I also request your explanation regarding how this stipulation was changed. I was under the assumption that on July 8 the Planning Commission recommended to the City Council that the property be rezoned, pursuant to Mr . Freyinger 's agreeing not use Tract B and C for automotive related businesses . If the Commission desires to change its recommendation, it must do so through the proper administrative procedures . Mr . Freyinger is prepared to abide by the stipulations set forth at the July 8 , 1987 commission meeting . The stipulation regarding land use restriction appearing in the August 3 , 1987 city council agenda would eliminate the need for Mr . Freyinger to pursue his rezoning request and make unnecessary his encumbering Tracts B and C with the various easements and covenants previously described for the benefit of Tract D. I will be in verbal contact with you within a day to discuss this matter further. In the meantime, thank you for your immediate attention to this matter . Sincerely, � n Brian G . Formella BGF/skj cc: Klaus Freyinger 8F K.C.S. Property Management Companies, Inc. August 19, 1987 Mr. James Robinson Assoc. Planner City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Dear Mr. Robinson: Ref. Changing of stipulations; Re: Tract B & C, R.L.S. #19. As you are aware, the stipulations set forth by the Fridley City Council at its August 3, 1987 meeting with respect to the proposed uses for Tract B, C & D, R.L.S . #19, is much narrower than the stipulated uses set by the planning commission on July 8, 1987 . It would be much easier for me to develop the parcels in a meaningful way if the uses were expanded to include a legitimate health spa facility on Tract C. We are talking to a prospective tenant and they would like to have the following business activities : Hair care, nail care, slim down, legitimate massage, tanning & exercise equipment. The tenant we have in mind has a new product that looks very promising, which they are already wholesaling. They would like to demonstrate what could be done with it at our building. I have checked them out thoroughly and have found them to be decent, upstanding business people. The building is not easy to lease, therefore, I would need to have the possibility for the following additional uses: Veterinary clinic, do-it-yourself car wash, limousine service, and in a "worse case scenario" , mini-storage or indoor parking for River Road East Apartments . Suite#206, 7300 France Ave. So., Edina, Minnesota 55435— (612)893-1101 8G It may be of interest to you that the western 1/3 of the building has been leased to Checkerboard Pizza for a pizza delivery service. You can be assured that nothing like in the past will happen under my ownership. It would be self defeating to buy a building for the purpose of eliminating a problem, only to create the same problem again. I would rather bull-doze the building than do that again. Please keep in mind that right now, even with 1/3 leased, it still costs me $20,000 a year to carry the building; you can understand that this can 't go on forever. In the process of re-zoning, I have made great sacrifices and I really need the help of the City of Fridley. I appreciate you cooperation. Sincerely, Klaus Freyinger f < 1 ,,OAF ST.ANTHONY NATIONAL BANK August 24, 1987 IRREVOCABLE LETTER OF CREDIT NO. 2218 City of Fridley 6431 University Avenue NE Minneapolis,MN 55421 AMOUNT: $5,000 EXPIRATION DATE: October 31., 1989 Klaus Freyinger, DBA East River Road Apartments Gentlemen: For the account of Klaus Freyinger, DBA East River Road Apartments, we hereby establish this letter of credit and authorize you to draw on us up to an aggregate amount of U.S. Five thousand dollars and 00/100 ($5,000.00), available by your draft, at sight. Drafts drawn under this credit must specify the number of this letter of credit and be accompanied by this letter of credit and written certification that the above named developer, Klaus Freyinger, DBA East River Road Apartments, has failed to install the following required public improvements: Landscaping and on-site improvement in connection with the rezoning of Tracts B and C, R.L.S. #19 (Reg. Land Survey) Your acceptance of this credit will constitute your agreement to repay to us any funds paid by us to you hereunder and not used by you in satisfaction of or reimbursement of any loss, cost or expense incurred by you on account of such undertaking or agreements of indemnity as aforesaid. Stinson Boulevard & Lowry Avenue N.E. ■ St. Anthony, Minnesota 55418 ■ 612/781-6991 Round Lake & Bunker Lake Boulevards ■ Andover, Minnesota 55304 ■ 612/421-0198 This credit is subject to the "Uniform Customs and Practice for Documentary Credits (1983 Revision), International Chamber of Commerce Brochure No. 400. This credit sets forth in full the terms of our obligation to you. Drafts drawn under and in compliance with the terms of this credit will be duly honored. Sincerely, Bryan✓J. Bo dt Commercial Banking Officer BJB/sb *PLANNING DIVIOON ® MEMORANDUM MEMORAN U CITY OF FMDLEY MEND TD: Jock Robertson, Community Development Director Janes Hill, Assistant City Manager David Newman, City Attorney MEND FROM: Jim Robinson, Planning Coordinator MEND DATE: August 27, 1987 RD3ARDING: Restrictive Covenant for Freyinger Rezoning On September 14, 1987 the City Council reviewed a request to rezone the property at 6540 East River Road from C-1 (Local Business) to C-2 (General Business) . The rezoning is being requested by Mr. Klaus Freyinger in order to promote leasing of the existing 3,000 square foot building. In conjunction with the rezoning, staff processed through Planning Commission a set of stipulations which included a provision which restricted the C-2 land use category by specifically not allowing automotive repair and service-type operations. Planning Commission endorsed this and all other stipulations and recommended approval to the City Council. Prior to City Council review, staff further restricted the covenant stipulation by restricting the use to those uses in C-1 plus restaurant and day care uses. At the time of this re-draft, it was thought that Mr. Freyinger would be leasing to a restaurant and perhaps a day care facility. Since that time, Mr. Freyinger has determined that these uses would not be appropriate and that the lease of the structure would be more difficult than anticipated. Rather than burden the petitioner and the Council with continuing requests for additional allowed uses under C-2, it would be more judicious to specifically spell out the types of uses which would not be appropriate to the site due to traffic concerns and proximity to residential development. These uses which should be excluded are as follows: Automobile agencies selling or displaying new and/or used vehicles, agencies selling or displaying recreational vehicles, automotive repair or service stations, liquor stores, bars and taverns. Restaurants serving wine and/or beer should be allowed. I have spoken to the City Attorney, David Newman, and he concurs that this method of restricting inappropriate uses would be a more fair and appropriate procedure. Mr. Freyinger has also been contacted and he feels that he could live with the above outlined restrictions. With your concurrence I will ask David Newman to prepare the appropriate restrictive covenant for Klaus' review prior to the next City Council meeting. JLR/dm M-87-17 8 r FREDRIKSON & BYRON KARL F.DIESSNER LEO G.STERN A PROFESSIONAL ASSOCIATION TED S.MEIKLE ROBERT C.BOISVERT,JR. JOHN P.BYRON FREDERICK E.FINCH PATRICIA A.BEITHON SIMON C.ROOT BERTIN A.BISBEE,JR. THOMAS W.GARTON MICHAEL A.TRITTIPO SANDRA YAEGER BODEAU JOHN M.PALMER JOHN A.SATORIUS LINDA C.SCHWARTZ MARY E.STRAND RICHARD R.HANSEN MICHABL A.STERN 1100 INTERNATIONAL CENTRE JAMES B.PLATT LYNN M.GARDIN JEROME B.PEDERSON NEIL A.WEIKART 900 SECOND AVENUE SOUTH DAVID P.BUNDE KEVIN D.McCARY ROBERT G.WEBER WILLIAM J.BRODY RAYMOND C.LALLIER JOHN F.WURM ROBERT P.SANDS JOHN H.MERKLE MINNEAPOLIS, MINNESOTA 55402-3397 GREGORY P.KAIHOI BRIAN G.FORMELLA KEITH A.LIBBEY THOMAS S.FRASER SHARON K.FREIER SUSAN J.HARDMAN-CONKLIN RAYMOND M.LAZAR JOHN A.GRIMSTAD TELEX 290569 FREDRIKSON MPS ROBERT K.RANUM NANCY 1.ONKKA THOMAS R.KING ERIC S.ANDERSON TELECOPIER 612 347-7077 HAL B.MORGAN RONDA P.BAYER JOHN H.STOUT DAVID R.BU CH ( THOMAS E.HOFFMAN BRADLEY P.L.SYVERSON JAMES L.BAILLIE DAV[D C.GRORUD TELEPHONE (612 347-7000 MARY S.RANUM STEVEN N.BECK WILLIAM I.KAMPF KONRAD J.FRIEDEMANN LARRY D.HAUSE ANN M.LADD R.BE RTRAM GREENER LARRY J.BERG H.BRUCE—OHLEN NANCY D.ERBE WARREN E.MACK JOHN J.ERHART WRITERS DIRECT DIAL CLINTON E.CUTLER MARY ANNE COLOVIC JOHN L.POWERS JOHN G.KOST RANDY B.EVANS JOAN E.KLEIN CHARLES F.DIESSNER KATHLEEN A.HUGHES SHEVA J.SANDERS CATHERINE A.RUDENICK QUENTIN T.JOHNSON JOHN M.KONECK MARY P.BAUMAN GREGORY G.FREITAG TIMOTHY M.HEANEY ROBERT I.BURNS,JR. GAYLE C.HENDLEY-ZAPPIA VICKI C.KRUEGER JAMES R.HALLER PAUL L.LANDRY 347-7132 PATRICK E.SULLIVAN DAVID R.MARSHALL ROBERT H.ZALK KENT G.HARBISON p WELLS J.WRIGHT(1912 1985 December 16 , 1987 OF COUNSEL HAROLD M.FREDRIKSON EARL F.COLBORN,JR. Mr . James Robinson Associate Planner City of Fridley 6431 University Avenue N.E . Fridley, MN 55432 Re: Klaus Freyinger/Fridley Rezoning Dear Jim: Enclosed you will find a Restrictive Covenant signed by Klaus and Eva Freyinger relating to Tract C , Registered Land Survey #19 . You have the Restrictive Covenant relating to Tract B, I understand. After your review, please direct the City Manager and Mayor to sign the document before a notary public. Then return the document to me for filing and proceed to publish the rezoning ordinance. Thank you for your time in this matter . Feel free to contact me with your comments or questions. Sincerely, Brian G. Formella BGF : jlr Enclosure cc: Klaus Freyinger P' Cf iY OF FMDLLY CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 January 6, 1988 Mr. Randall Olchefske 6520 East River Road Fridley, M. 55432 RE: ZOA 87-03; Restrictive Covenant Dear Mr. Olchefske: After reviewing the Restrictive Covenant agreement, I noticed that your wife, Joan, had not signed it. I consulted with our City Attorney, David Newman and found that it is necessary for Joan to sign the agreement. 9berefore, I am sending you a revision of the Restrictive Covenant agreement. Zhe covenant was revised by inserting Joan's name where necessary. Other than that, no changes have been made. After studying the document, please sign it before a Notary Public. Then, you may proceed with recording the agreement. In order to record this document, you will need the Owner ' s Duplicate Certificate of Title. Please bring an extra copy of the covenant to the county whico snould be stamped with the recording information and returned to the city for our files. Please record the document and finish these items as soon as possible. We are eager to complete this project with you. If you have any questions concerning the covenant, please contact me at 571-3450 x 171. I look forward to hearing f ran you. Sincerely, Jim Robinson Planning Coordinater C-88-07 CIWOF FRIDLLY CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 January 12, 1986 Mr. Brian G. Formel1a Fredrikson and Byron 1100 International Centre 900 Second Ave. S. Minneapolis, Mn. 55402-3397 RE: Klaus Freyinger/Fridley Rezoning Dear Mr. Formella: After reviewing the Restrictive Covenant agreements, I noticed that Eva had signed only the document for Tract C. I consulted with our City Attorney, David Newman, and found that it is necessary for Eva to sign both covenant agreements. Therefore I have sent Klaus and Eva the revised agreement for Tract B. Once the agreement is signed, please proceed with the recording of the two Covenants and the Reciprocal Easements Declaration and Agreement. After I receive the recorded copies, I will proceed with the publishing of the resol ut i cn. Thank you for your time and consideration in this matter. If you nave any questions, please contact me at 571-3450. Sincerely, Jim Robinson Planning Coordinater cc. Klaus Frey Inger C-88-08 FREDRIKSON & BYRON KARL F.DIESSNER LEO G.STERN A PROFESSIONAL ASSOCIATION PATRICIA A.BEITHON SANDRA YAEGER BODEAU JOHN P.BYRON FREDERICK E.FINCH MICHAEL A.TRITTIPO MARY E.STRAND BE RTIN A.BISBEE,JR. THOMAS W.GARTON LINDA C.SCHWARTZ LYNN M.GARDIN JOHN M.PALMER JOHN A.SATORIUS JAMES B.PLATT KEVIN D.McCARY RICHARD R.HANSEN MICHAEL A.STERN 1100 INTERNATIONAL CENTRE DAVID P.BUNDE JOHN F.WURM JEROME B.PEDERSON NEIL A.WEIKART 900 SECOND AVENUE SOUTH RAYMOND C.LALLIER BRIAN G.FORMELLA ROBERT G.WEBER WILLIAM J.BRODY GREGORY P.KAIHOI DANIEL J.MAERTENS ROBERT P.SANDS JOHN H.MERKLE MINNEAPOLIS, MINNESOTA 55402-3397 SHARON K.FREIER SUSAN J.HARDMAN-CONKLIN KEITH A.LIBBEY THOMAS S.FRASER ROBERT K.RANUM NANCY L ONKKA RAYMOND M.LAZAR JOHN A.GRIMSTAD TELEX 290569 FREDRIKSON MPS HAL B.MORGAN RONDA P.BAYER THOMAS R.KING ERIC S.ANDERSON TELECOPIER 612 3477077 MARY S.RANUM BRADLEY P.L.SYVERSON JOHN H.STOUT DAVID R.BUSCH LARRY D.HAUSE STEVEN N.BECK JAMES L.BAILLIE DAVID C.GRORUD TELEPHONE (612) 347-7000 H.BRUCE v NOHLEN ANN M.LADD WILLIAM I.KAMPF KONRAD J.FRIEDEMANN CLINTON E.CUTLER NANCY D.ERBE R.BERTRAM GREENER LARRY J.BERG RANDY B.EVANS MARY ANNE COLOVIC WARREN E.MACK JOHN J.ERHART WRITER'S DIRECT DIAL SHEVA J.SANDERS JOAN E.KLEIN JOHN L.POWERS JOHN G.KO ST MARY P.BAUMAN CATHERINE A.RUDENICK CHARLES F.DIESSNER KATHLEEN A.HUGHES GAYLE C.HENDLEY-ZAPPIA GREGORY G.FREITAG QUENTIN T.JOHNSON JOHN M.KONECK 347-7132 PATRICK E.SULLIVAN VICKI C.KRUEGER TIMOTHY M.HEANEY PAUL L.LANDRY ROBERT C.BOISVERT,JR. DAVID R.MARSHALL JAMES R.HALLER KENT G.HARBISON SIMON C.ROOT ROBERT H.ZALK TED S.MEIKLE (�o p 00 January 14 , 17WELLS J.WRIGHT 1912-1985 OF COUNSEL HAROLD M.FREDRIKSON EARL F.COLBORN,JR. Mr . Jim Robinson Planning Coordinator City of Fridley 6431 University Avenue NE Fridley, MN 55432 Re: Klaus Freyinger/Fridley Rezoning Dear Jim: Thank you for sending the Restrictive Covenants for Tract C . Please have the signatures of the City Manager and Mayor notarized and return the document to me. Thank you. Sincerely, j I Brian G . Formella BGF : jlr Enclosure FREDRIKSON & BYRON KARL F.DIESSNER LEO G.STERN A PROFESSIONAL ASSOCIATION PATRICIA A.BEITHON SANDRA YAEGER BODEAU JOHN P.BYRON FREDERICK E.FINCH MICHAEL A.TRITTIPO MARY E.STRAND BERTIN A.BISBEE,JR. THOMAS W.GARTON LINDA C.SCHWARTZ LYNN M.GARDIN JOHN M.PALMER JOHN A.SATORIUS JAMES B.PLATT KEVIN D.McCARY RICHARD R.HANSEN MICHAEL A.STERN 1100 INTERNATIONAL CENTRE DAVID P.BUNDE JOHN F.WURM JEROME B.PEDERSON NEIL A.WEIKART 900 SECOND AVENUE SOUTH RAYMOND C.LALLIER BRIAN G.FORMELLA ROBERT G.WEBER WILLIAM J.BRODY GREGORY P.KAIHOI DANIEL J.MAERTENS ROBERT P.SANDS JOHN H.MERKLE MINNEAPOLIS, MINNESOTA S54O2-3397 SHARON K.FEELER SUSAN J.HARDMAN-CONKLIN KEITH A.LIBBEY THOMAS S.FRASER ROBERT K.RANUM NANCY 1.ONKKA RAYMOND M.LAZAR JOHN A.GRIMSTAD TELEX 29056)9 FREDRIKSON MPS HAL B.MORGAN RONDA P.BAYER THOMAS R.KING ERIC S.ANDERSON TELECOPIER 612 34770�'I MARY S.RANUM BRADLEY P.L.SYVERSON JOHN H.STOUT DAVID R.BUSCH LARRY D.HAUSE STEVEN N.BECK JAMES L.BAILLIE DAVID C.GRORUD TELEPHONE X612 347-7000 H.BRUCE—OHLEN ANN M.LADD WILLIAM I.KAMPF KONRAD J.FRIEDEMANN CLINTON E.CUTLER NANCY D.ERRE R.BERTRAM GREENER LARRY J.BERG RANDY B.EVANS MARY ANNE COLOVIC WARREN E.MACK JOHN J.ERHART 'py1 SHEVA J.SANDERS JOAN E.KLEIN JOHN L.POWERS JOHN G.KOST WRL'RS VF/C DIAL MARY P.BAUMAN CATHERINE A.RUDENICK CHARLES F.DIESSNER KATHLEEN A.HUGHES 3 / V 7 GAY LE C.HENDLEY-ZAPPIA GREGORY G.FREITAG QUENTIN T.JOHNSON JOHN M.KONECK PATRICK E.SULLIVAN VICKI C.KRUEGER TIMOTHY M.HEANEY PAUL L.LANDRY Q ROBERT C.BOISVERT,JR. DAVID R.MARSHALL JAMES R.H. Z AHARB LER KENT G. ON January 1 8, 1988 SIMON C.ROOT ROBERT H. LK TED S. EIKLE .WELLS J.WRIGHT(1912-1985( OF COUNSEL HAROLD M.FREDRIKSON EARL F.COLBORN,JR. Mr. Jim Robinson City of Fridley Civic Center 6431 University Avenue Northeast Fridley, Minnesota 55432 RE : Klaus Freyinger/Fridley Rezoning Request Dear Mr. Robinson: In response to your letter of January 12 , 1988, Klaus and Eva have both executed the restrictive covenants as to Tract B. Unfortunately, the signatures on behalf of the City of Fridley have not been acknowledged. Therefore I am returning the covenants to you and asking that you have the notary complete the acknowledgment clauses and return it to me as soon as possible so that we can finally get these documents placed of record. If you have any questions, please call. Sincerely, Mrs . Bonnie A. O'Mall Real Estate Assistant BAO/jck Enclosure CRY OF FW DLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612) 571-3450 January 20, 1988 Mr. Brian Fbrmell a 1100 International Centre 900 Second Avenue South Minneapolis, Mn. 55402-3397 RE: Klaus Freyinger/Fridley Rezoning Dear Mr. Fbrmella: Enclosed you will find the Restrictive Covenants for Tract B and C. The signitures of the City Manager and Mayor have been notarized. Please proceed with the recording of these documents. Thank you for your patience and cooperation. Sincerely, Jim Robinson Planning Coordinator C-88-22 6.. .0 FYr FREDRIKSON & BYRON KARL F.DIESSNER ROBERT H.ZALK A PROFESSIONAL ASSOCIATION PAUL L.LANDRY SIMON C.ROOT JOHN P.BYRON LEO G.STERN KENT G.HARBISON SANDRAYAEGER BODEAU BERTIN A.BISBEE,JR. FREDERICK E.FINCH TED S.MEIKLE MARY E.STRAND JOHN M.PALMER THOMAS W.GARTON PATRICIA A.BEITHON LYNN M.GARDIN RICHARD R.HANSEN JOHN A.SATORIUS 1100 INTERNATIONAL CENTRE MICHAEL A.TRITTIPO JOHN F.WURM JERO RT H.PEDERSON MICHAEL A.STERN 900 SECOND AVENUE SOUTH LINDA C.SCHWARTZ BRIAN G.PORMELLA ROBERT G.WEBER NEIL A.WEIKART JAMES B.PLATT DANIEL J.MAERTENS ROBERT P.SANDS WILLIAM J.BRODY MINNEAPOLIS,MINNESOTA 55402-3397 DAVID P.BUNDE SUSAN J.HARDMAN-CONKLIN KEITH A.LIBBEY JOHN H.MERKLE GREGORY P.KAIHOI NANCY L ONKKA RAYMOND M.LAZAR THOMAS S.FRASER TELEX 290569 FREDRIKSON MPS SHARON K.FREIER RONDA P.BAYER THOMAS R.KING JOHN A.GRIMSTAD TE LECOPIER 612 347-7077 ROBERT K.RANUM BRADLEY P.L.SYVERSON JOHN H.STOUT ERIC S.ANDERSON HAL B.MORGAN STEVEN N.BECK JAMES L.BAILLIE DAVID R.BUSCH TELEPHONE (612) 347-7000 MARY S.RANUM ANN M.LADD WILLIAM I.KAMPF DAVID C.GRORUD LARRY D.HAUSE NANCY D.BRBE R.BERTRAM GREENER KONRAD J.FRIEDEMANN H.BRUCE von OHLEN MARY ANNE COLOVIC WARRHN E.MACK LARRY J.BERG WRITER'S DIRECT DIAL CLINTON E.CUTLER JOAN E.KLEIN JOHN L.POWERS JOHN J.ERHART RANDY B.EVAN S CATHERINE A.RUDENICK CHARLES F.DIESSNER JOHN G.KOST SHEVA J.SANDERS GREGORY G.FREITAG QUENTIN T.JOHNSON KATHLEEN A.HUGHES MARY P.BAUMAN VICKI C.KRUEGER TIMOTHY M.HEANEY JOHN M.KONECK PATRICK E.SULLIVAN DAVID R.MARSHALL JAMES R.HALLER THOMAS R.WILHELMY C 61 2 , 347-7093 ROBERT C.BOISVERT,JR. 4 WELLS J.WRIGHT X1912-1985 April 6, 1988 HAROLD M.FREDRIKSON F COUNSEL EARL F.COLBORN,JR. Mr . Jim Robinson Planning Coordinator City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 RE: Klaus Freyinger Dear Mr . Robinson: As Brian Formella of our office has told you, Anoka County rejected for filing the documents involving the rezoning requested by Klaus Freyinger . I enclose a copy of their response to our filing request. Please be advised that we are in the process of complying with their request which may require re-execution of documents by the City. Those documents should be forwarded to your attention shortly. If you have any questions, please call . Sincerely, n Mrs . Bonnie A. O'Malle Real Estate Assistant BAO/jck Enclosure cc: Klaus Freyinger There are several certificates of title involved here, they are as follows: Cert. ;#50561 — hi.chard D. Wise and Sterhan S. Day — Fee Owners. Jeanete Darr has inchoate interest (wife of Sterhan S. Day) � li�II�L�sp�C �'. r�X�YLXID Klaus Freyinger — Contract Purchaser Cert. 4608c,2 Klaus C. Freyinger — Fee Owner Eva Maria Freyinger has inchoate interest) (.-rife of Klaus C. ) Klaus Freyinger dba Riverroad Nast Apartments has the Contract Interest. Cert. #55570/ Eandell Paul Olchefske — Fee Owner Joan E. Olchefske has inchoate ineterest (wife of Kandell Paul) Affidavit filed as Doc. =140 .17 shows True name of Randell Paul id Randall Paul Olchefske Cert. 052457 Klaus C. Freyinger — Fee Owner Eva j,aria Freyinger has inchoate interest (.rife of Klaus C. ) Cert. ;#50667✓ Klaus C. Freyinger — Fee Owner Eva Maria FreyinaaL has inchoate interest wife of MUs C. Klaus C. Freyingerm is the .gray he is shown on some of the certificates. Other Places he is sho..rn as simply Klaus Freyinger. :ova Aaria Freyinger is the way h is .-rife is shown on all certificates that she has an interest in. Your documents do not sho.;, them the xxy same way as the certificates of title de. These must match. L y the Certificate shows Klaus C. your document must show a Klaus C. or we have to have an affidavit of Identity tying them together . If I may make a suggestion, you could show Klaus Freyinger also known as Klaus C. Freyinger and Eva Laria Freyinger, husband and wife on all of your documents and that would tie all of the names together.... ...then make sure it is shown that war throughout the whole document (acknowledgment also). Eake sure they sign the gray their names arrear! ! I have shown by pencil marks (which are light and can be erased) .:here diff_ercnces in signatures and acknowledgments occur. Once again, make sure their names and the way they sign are the same. On the Restrictive Covenants,, the year Ann in the acknowledgment has been changed. Please tint a near acknowledgment on for Freyinger s. i i The legal Description contained in the Declaration of Easement and Restriartive Covenant is very confusing. I am not sure our title examiner drill arrrove this descrifrtion. See my pencil notes. On the Reciprocal Easements Declaration and Agreement, page 2 I have a rencil note that says "jog in this line. The Southeasterly line of Tract C. has a jog in it (25 feet), does your easement jog also? This document contains a consent by the bank. The titles of the officer is abbreviated which is not acce:table. Also, there should be a complete acknowledgment for this consent also. On the one Certificate, Klaus is only a Ccntract Purchaser of the Property. Cur Title Lxamir_er says the Fee Owrner must also join in. man duan rte) 1 CI Y OF FMDLLY CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 Jame 28, 1988 Klaus Freyinger 1323 Bohland Place St. Paul, M 55116 RE: Rezoning, ZQA #87-03, 6520 East River Road N.E. Dear Yx. Frey inger: I reviewed your rezoning permit for the above referenced property. During my review, I found that several stipulations still need to be completed. These are: I. Petitioner agrees to execute a restrictive covenant agreement stating that land uses under the proposed C-2, General Business, zoning classification for Tracts B and C, Registered Land Survey No. 19, is limited to those land uses provided for in C-2, General Business, section of the Fridley Zoning Code, except the following will not be considered permitted uses: autornbile agencies selling or displaying new and/or used vehicles, agencies selling or displaying recreational vehicles, automobile repair and service stations, liquor stores, bars and taverns. Restaurants serving wine or beer should be allowed. Complete prior to publication of rezoning ordinance. 2. Petitioner agrees to install a masonry dumpster with opaque gate. 3. Petitioner agrees to install landscape tree wells, plantings and irrigation along western edge of Tracts B and C, as per City plan dated 7/1/87 by October 31, 1989. 4. Petitioner agrees to provide joint driveway easements from Tract B to Tract C and joint driveway and parking easements from Tract C to Tract D, prior to the publication of the rezoning ordinance. I do realize that you have been working with Jim Robinson, Planning Coordinator, on some of these items. I am trying to determine the status of the covenants because Jim has left the City for eTplayment elsewhere. Please call me at 571-3450 x 168 so we can discuss this matter further. Thank you in advance for your cooperation. Sincerely, Kathlyn Castle Planning Assistant KC/dn r%-PQ-0'7'4 FREDRIKSON & BYRON KARL F.DIESSNER LEO G.STERN A PROFESSIONAL ASSOCIATION TED S.MEIKLE SANDRA YAEGER BODEAU JOHN P.BYRON FREDERICK E.FINCH PATRICIA A.BEITHON MARY E.STRAND BER- N A.BISBEE,JR. THOMAS W.GARTON MICHAEL A.TRITTIPO LYNN M.GARDIN JOHN M.PALMER JOHN A.SATORIUS LINDA C.SCHWARTZ JOHN F.WURM RICHARD R.HANSEN MICHAEL A.STERN 1100 INTERNATIONAL CENTRE JAMES B.PLATT BRIAN G.FORMELLA JEROME B.PEDERSON NEIL A.WEIKART 900 SECOND AVENUE SOUTH DAVID P.RUNDE DANIEL J.MAERTENS ROBERT G.WEBER WILLIAM J.BRODY FAYE KNOWLES SUSAN J.HARDMAN-CONKLIN ROBERT P.SANDS JOHN H.MERKLE MINNEAPOLIS, MINNESOTA 55402-3397 GREGORY P.KAIHOI NANCY 1.ONKKA KEITH A.LIBBEY THOMAS S.PRASER SHARON K.FREIER RONDA P.BAYER RAYMOND M.LAZAR JOHN A.GRIMSTAD TELEX 290569 FREDRIKSON MPS ROBERT K.RANUM BRADLEY P.L.SYNERSON THOMAS R.KING ERIC S.ANDERSON HAL B.MORGAN STEVEN N.BECK JOHN H.STOUT DAVID R.BUSCH TELECOPIER�612� 347-7077 MARY S.RANUM ANN M.LADD JAMES L.BAILLIE DAVID C.GRORUD TELEPHONE (612) 347-7000 LARRY D.HAUSE NANCY D.ERRE WILLIAM 1.KAMPF KONRAD J.FRIEDEMANN CLINTON E.CUTLER MARY ANNE COLOVIC R.BERTRAM GREENER LARRY J.BERG RANDY B.EVANS JOAN E.KLEIN WARREN E.MACK JOHN J.ERHART WRITERS DIRECT DIAL SHEVA J.SANDERS CATHERINE A.RUDBNICK JOHN L.POWERS JOHN G.KOST MARY P.BAUMAN GREGORY G.FREITAG CHARLES F.DIESSNER KATHLEEN A.HUGHES SHEILAH E.FOLEY VICKI C.KRUEGER QUENTIN T.JOHNSON JOHN M.KONECK ROBERT C.BOISVERT,JR. DAVID R.MARSHALL TIMOTHY M.HEANEY THOMAS R.WILHELMY JAMES R.HALLER PAUL L.LANDRY ( 6 1 2/` SIMON C.ROOT 347-7093 ROBERT H.ZALK KENT G.HARBISON p p September 2, 1988 WELLS J.WRIGHT 1912-1985) OF COUNSEL HAROLD M.FREDRIKSON EARL F.COLBORN,JR. Mr. Jim Robinson Planning Coordinator City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 RE: Klaus Freyinger/Fridley Rezoning Dear Mr . Robinson: Anoka County rejected the Restrictive Covenants we submitted for filing due to the omission of Eva Freyinger ' s middle name from the document. We have redone the document and Klaus and Eva have both executed it. I would appreciate it if you would have the same executed on behalf of the City and returned to me as soon as possible. I enclose a copy of the earlier instrument for your information. If you have any questions or require further information, please call me. Sincerely, Mrs. Bonnie A. 01M Real Estate Assist BAO/jck Enclosure t ;► C11YOF HaDLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 September 26, 1988 Klaus Freyinger 1323 Bohland Place St. Paul, MN 55116 RE: Rezoning, ZOA #87-03, 6530 East River Road N.E. Dear Mr. Freyinger: I have reviewed the above referenced property for compliance to the stipulations attached to your rezoning. The following stipulations remain uncompleted: 1. Petitioner agrees to execute a restrictive covenant agreement stating that land uses under proposed C-2 (General Business) zoning classification for Tract B and C, Registered Land Survey No. 19 is limited to those land uses provided for in the C-2 (General Business) section of the Fridley Zoning Code except for the following will not be considered permitted uses: automobile agencies selling or displaying new and/or used vehicles, agencies selling or displaying recreational vehicles, automotive repair or service stations, liquor stores, bars and taverns. Restaurants serving wine and/or beer should be allowed. Complete prior to publication of rezoning ordinance. 2 . A masonry dumpster enclosure with an opaque gate to be installed. This enclosure is constructed, however, a gate is missing. 3 . Landscape three wells, plantings and irrigation along the western edge of Tracts B, C and D to be installed as per City plan by October 31, 1989 . 4 . Petitioner agrees to provide joint driveway easement from Tract B to Tract C and joint driveway and parking easements from Tract C to Tract D. 5. Landscaping to be maintained by weeding planting beds. Klaus Freyinger September 26, 1988 Page 2 Regarding items 1 and 4, I received the easement documents from your lawyer. Signatures are needed from the City Manager and Mayor. Once signed, I will return these documents to your lawyer who can record them at the Anoka County Courthouse. I have yet to receive a restrictive covenant agreement. Items 2 and 5 should be completed as soon as possible since they are in violation of our City Code. If you are unable to do this, please contact me so we can set up a timetable for completion. We do not need to be concerned with item 3 until next year. I will review this item on October 3, 1988 and expect these stipulations to be completed. If you have any questions please feel free to contact me at 571-3450. Thank you for your cooperation. Sincerely, Kathlyn Castle Planning Assistant KC/dn C-88-454 CIZYOF FR[DLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY,MINNESOTA 55432 PHONE(612)571-3450 October 12, 1988 Bonnie O'Malley Real Estate Assistant Fredrickson and Byron 1100 International Center 900 Second Avenue South Minneapolis, MN 55402-3397 RE: Klaus Freyinger/Rezoning, ZOA #87-03 Dear Ms. O'Malley: Enclosed you will find restrictive covenant agreements for the Klaus Freyinger rezoning at 6520-6530 East River Road N.E. I have obtained the notarized signatures of Mayor Nee and Nasim Qureshi as you requested. Please record these documents at your earliest convenience. Once recorded, the City would like you to send the recording information such as certificate number, document number and date. If you have any further concerns, please call me at 571-3450. Thank you for your cooperation. Sincerely, Kathlyn Castle Planning Assistant KC/dn C-88-505 FREDRIKSON & BYRON JOHN P.BYRON LEO G.STERN A PROFESSIONAL ASSOCIATION TED S.MEIKLE SANDRA YAEGER BODEAU BERTIN A.BISBEE,JR. FREDERICK E.FINCH PATRICIA A.BBITHON MARY B.STRAND JOHN M.PALMER THOMAS W.GARTON MICHAEL A.TRI177P0 LYNN M.GARDIN RICHARD R.HANSEN JOHN A.SATORIUS LINDA C.SCHWARTZ JOHN F.WURM JBROME B.PEDBRSON MICHAEL A.STERN 1100 INTERNATIONAL CENTRE JAMES B.PLATT DANIEL J.MAERTENS ROBERT G.WEBER NEIL A.WBIKART 900 SECOND AVENUE SOUTH DAVID P.BUNDB iC SUSAN JHARDMANONKLIN ROBERT P.SANDS WILLIAM J.BRODY PAYE KNOWLES NANCY .ONKKA KEITH A.LIBBEY JOHN H.MERKLE MINNEAPOLIS,MINNESOTA 55402-3397 GREGORY P.KAIHOI RONDA P.BAYER ROBERT B.WHITLOCK THOMAS S.FRASER SHARON K.FREIRR BRADLEY P.L.SYVERSON RAYMOND M.LAZAR JOHN A.GRIMSTAD TELEX 290569 FREDRIKSON MPS ROBERT K.RANUM STEVEN N.BECK THOMAS R.KING ERIC S.ANDERSON TELECOPIER 612 347-7077 HAL B.MORGAN ANN M.LADD JOHN H.STOUT DAVID R.BUSCH MARY S.RANUM NANCY D.ERBF JAMES L.RAILLIE DAVID C.GRORUD TELEPHONE 612 347-7000 LARRY D.RAUSE MARY ANNE COLOVIC WILLIAM I.KAMPP KONRAD J.FRIEDEMANN CLINTON B.CUTLER JOAN E.KLEIN R.BERTRAM GREENER LARRY J.BERG RANDY B.BVANS CATHERINE A.RUDENICK WARREN E.MACK JOHN J.ERHART WRITER'S DIRECT DIAL SHEVA J.SANDERS GREGORY G.FREITAG JOHN L.POWERS JOHN G.ROST MARY P.BAUMAN VICKI C.KRUEGER CHARLES F.DIESSNER RATHLBEN A.HUGHES SHEILAH E.FOLEY DAVID R.MARSHALL QUENTIN T.JOHNSON JOHN M.KONECK ROBERT C.BOISVERT, JR. ROBERT J.STEW ART TIMOTHY M.HEANEY THOMAS R.WILHELMY SIMON C.ROOT JAMES R.HALLER PAUL L.LANDRY ROBERT H.ZALK KENT G.HARBISON (6 12) 347-7093 WELLS J.WRIGHT 11912-1%51 p p p OF COUNSEL December 2 8 19 O O HAROLD M.FREDRIKSON KARL P.DIESSNER / EARL P.COLBORN,JR. BY CERTIFIED MAIL Registrar of Titles Anoka County Courthouse Anoka, Minnesota 55303 ATTN: Suanne Dear Suanne: Enclosed find notes from you with respect to rejection of a number of documents submitted for filing for Klaus Freyinger. I believe each of the requirements that you made in your objection notice have been complied with and we herewith submit the documents for filing again. Also enclosed are owner ' s duplicate certificates of title 50667, 55570, 60892 and 62611. It is my understanding from Burke & Hawkins, the law firm that submitted the documents to you for filing originally, that you have the appropriate Affidavits of Purchaser of Registered Land. Finally, I enclose a check in the amount of $50 . 00 in payment of the filing fee. Once the exact fee has been computed, please give me a call if this check is not sufficient and I will see that additional funds are submitted to you directly. If you have any questions or if you require additional information, please let me know. Sincerely, Mrs . Bonnie A. O'Malley Real Estate Assistant BAO/jck F,1nclosure cc: Kathlyn Castle (w/o encl . ) r f �► 07 COMMISSION APPLICATIO REVIEW Department Number _ File Data Meeting Date C�.iYOF Planning 58 6/18/86 7/8/87 FMDLLY File Address/Description zoA #87-03 COMPLETE REVIEW CHECKLIST Tracts B, C, and D, R.L.S. No. 19. Rezone from C-1 to C-2 RETURN TO PLANNING f@ DARYL COMMENTS ff—DEBBIE IM DEBBIE DJOHN f -d DEBBIE UDIA'R R E L DEBBIE LYDE DEBBIE MARK DEBBIE LEON DEBBIE WIN 1 , , E/•' / �/�► �r� Siam �Oc�OQ ma OEMs �► o : . 4d s I/ji : �. MOO WPLVj y� 30M ■,...A.. nomo �> t1 s .■n iL�t! sal / � � • ��> �► � ' 256 X.,mom AW IvogiaiiIA-.Iiill ORION �:•-' ,. � ►.�,. ��s� sem: ► . ♦� e '� ® rxs�:� r�• /� "/ !/�i�r��►moi' ��' � � '� ooh[ ®m®��► . . ,. Tam �0y0�9o00011 now MONO �aaoao Ak NUT TO 1Ac !1 io e,L,SMrc.E.rA.Xct�o TREE 5AR-9,AS PER, AUT FDWASti PLAN lf�c- 74= \ 1 OE'TJ►J1.. ow Kk- 4 1i 1 - .■c�� s►vN�Yo�w�z t! -- - �Q p� 1T>(MATr_NftuTowA.;ti PATH SLE D&TAIL.A u ' wFUi+� ,4=.L'14A1 T A.ND Cor 4CAF•1E Cu2P-.,RF-+o-G-0.A Llk--o MIN RF�+oVF-Ac i-Gts+E.c,vt !pr-,.A ^S F— RE INS-tptL SIL-CAJITM 12'"N. E.&Ck—GIW. Tt Is u.laE3E !"ZI EFaZor,\ TitLS �s T tE.. ZEA , i�F t�rizis. SA-q)ATiO J CO MC. THI. ROAD t S P-0 NF-;n) (c o0 Nl-ky F� 2f-:Pr. i'�)/ (LI)84 'f- r si��;►^f * afy + '�+• + H � f * � '"�'� 'y � � ^ QTS ��:1�rja� v. F -01 R. �y o` 'dal �'. "'�' '�, -i''•. W •. j� ,. I'�� W... . ,.. a•. "u�`' # ' _„,< > a I „ L V-.O. , ia 3 �•'r,w^� a11117, Vzv ART 14 Alakw-ilk f` Yt r i ( : x 1' )GRAPHY - APRIL, 1985 ZOA#87-03 RIVERSIV AUTOWASH, INC '•,•:�';:�'; JOINT DRIVEWAY CEMENTS & PROPOSED RESTAURANT ++ PARKING EASEMENT C�y�� , � PROPOSED ADDITION GREEN AREAS ..yl;.T� . . � : yr --•`-"--� �t _ .,- � � ; 20 17 fu my IWO 1-1 04 28 r • A - •- j 3 1 5 d • 1 w .�'5' ;�'' � +'tai' � r��. '• •.� 'F }�f ( I _��-'•' . X7-7 3 5 + Y o-N:': 36 r , �y �W ... . . . . . . .;. . OX _ 151 i 5 I =' c�� ' +S. �r�::�I t �:. ►:• ' 0 1 Sto�%j St%jcc-j0 Car Woati p 13 W � - „ p2 x 1�•_ -�_ � . . � .• X69 t T tTq AFS _ - �' �^"�.`� t•`• .M,j4�rid � �' �lI+4S - ii. Sl M I LA 2NO- - K� kV �rt f.... , �«S •1� _ Fsa `4�' F -i•:�� C��J:sI+�T' _�ic ;. t.k.v ��' i' w ��+ `tom'*' ',q "• -Y.-.i - � � �� ` s .. &�M uatto G ZOA#87-03 9C Freyinger and �+ Olchefske I o I d-Z � y. K e s avow VNAIV A$vN 77 tl 0 1 1 O F I O = _ a � _ i W 0 • I Wcc » > t IQ to 0 le Y 6 I I L U 'k T T = 71 if co cc V/ / _A 3 V1 V1 V1 Vl Ql 01 F+ to � I � � � '� G S' .w- •� � C'i � rn m v m -4 1 Z in ny z to - I l j a i co l �• D � 70 N a rn to z � • — z ---- _ i i - EAST RIVER ROAD J �^ rn i z RIVERSIDE AUTOWASH, INC. COMPREHENSIVE LANDSCAPE PLAN DATE 7-1- 6520 EAST RIVER ROAD FRIDLEY; MINNESOTA SCALE:1'-20•-O' DRAWN BY:T.L 1A l " CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 8, 1987 CALL TO ORDER: Chairperson Billings called the July 8, 1987 , Planning Comm' sion meeting to order at 7:35 p.m. ROLL CALL: Members Present : Steve Billings, Dave Kondrick, can Saba, Donald Betzold and Sue Sherek Members Absent: Richard Svanda Others Present : Jim Robinson, Plann' g Coordinator Jock Robertson, C nity Development Director Mike & Susan P ps, 5755 Washington Street Roger Leffle , 5798 Jefferson Street Sandra Car on, 10814 Norway St. N.W. , Coon Rapids Bev & J Workman, 5704 Jefferson Street Joan chefske, 1651 NW 20th Avenue X24a,r1&19K.7 , 01chefske, 1.651 NW 20th Avenue Freyinger, 1323 Bohland Place, St. Paul emper, 3413 33rd Avenue N.E. APPROVAL OFPLANNING COMMISSION MINUTES`: X . SHEREK, SECONDED BY MR. KONDRICK, TO APPROVE THE JUNE 24, 1987 , MISSION, MINUTES AS WRITTEN. VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION IMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A REZO\ING, ZO,% #87-03, BY RANDALL ni.C11EFSKE AND KLAUS FREYINGER: To rezone from C-1 (Local Business) to C-2 (General Business) on Tract B, C, and D, Registered Land Survey No. 19, the same being 6520, 6530 and 6536 East River Road N.E. MOTION BY MR. KONDRICK, SECONDED BY MR. BETZOLD, TO WAIVE THE FORMAL READING OF THE PUBLIC HEARING NOTICE AND OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:37 p.m. Mr. Robinson stated the parcels involved in this rezoning are located north of Mississippi Street and west of East River Road at 6520, 6530 and 6536 East River Road. He stated there is a car wash on Tract D, a vacant building on Tract C, and a vacant lot on Tract B. He stated all parcels are presently zoned C-1 and the request for rezoning is for a C-2 designation. M PLANNING COMMISSION MEETING. JULY 8, 1987 PAGE 2 Mr. Robinson stated both Mr. 01chefske and Mr. Freyinger have petitioned for the rezoning. He stated Mr. Freyinger is the owner of the apartment complex to the north and west, Tract B and Tract C with the vacant building which he plans to lease or sell for a restaurant operation. He stated Mr. Olchefske is the owner of the Riverside Car Wash and wishes to expand his business. Mr. Robinson stated there is also a special use permit associated with the expansion of the car wash facility to allow fuel and oil dispensing in a C-1 zone. He stated the special use permit, if approved, will allow the petitioner to commence construction prior to finalization of the rezoning. He stated the C-1 zone does not allow for auto related businesses, but the C-2 zone permits this type of operation with a special use permit. Mr. Robinson stated there are some problems associated with the site, mainly dealing with access. He stated there is a shared access on the west of Tract D, but Tract C has no other access by itself. He stated there is a private easement between Tracts C and D which has been recorded and they share a common driveway. He stated the owner of Tract C would grant an easement to Tract D for joint parking. Mr. Robinson stated staff has drafted a plan for traffic and visual improvements including landscaping and buffer space between the businesses and the apartment complex. He stated it is recommended the driveway be moved five feetand landscaping be installed with a re- taining wall, and delineation of the driveway. Mr. Robinson stated the petitioners have both agreed to participate in the cost for these improvements. Mr. Robinson stated staff is recommending the following stipulations for Tracts B and C: (1) petitioner agrees to execute a restrictive covenant agreement against Tract B and C, stating that no automotive related businesses (service, fuel dispensing, sales, or leasing) , as outlined in the special use section of the C-2 code, will be per- mitted regardless of C-2 zoning status. Completed prior to publication of rezoning ordinance; (2) petitioner agrees to refurbish building including trim painting and roof equipment screening prior to occu- pancy; (3) petitioner agrees to install a brick dumpster enclosure with opaque gate prior to occupancy; (4) petitioner agrees to install a pylon sign similar to the Riverside Car Wash sign prior to occu- pancy; (5) petitioner agrees to install landscaping and automatic sprinkling, as per City plan dated 7/1/87 , on Tracts B and C (except along west edge) prior to occupancy; (6) petitioner agrees to install landscape tree wells, plantings, and irrigation along the western edge of Tracts B, C and D, as per City plan dated 7/1/87 by October 31, 1989; (7) petitioner agrees to make parking lot/driveway improvements including curbing, blacktopping, sealcoating and striping prior to occupancy; and (8) petitioner agrees to provide joint driveway ease- ments from Tract B to Tract C and joint driveway and parking easements from Tract C to Tract D prior to publication of ordinance. • • iB P,.AN-" J*:C CO`:'ISSION MEETING,_ JULY 8, 1987 PAGE 2 Mr . Robinson stated both Mr. 01chefske and Mr. Freyinger have petitioned for the rezoning. He stated Mr. Freyinger is the owner of the apartment complex to the north and west; Tract B and Tract C with the vacant building which he plans to lease or sell for a restaurant operation. He stated Mr. Olchefske is the owner of the Riverside Car Wash and wishes to- expand his business. Mr. Robinson stated there is also a special use permit associated with the expansion of the car wash facility to allow fuel and oil dispensing in a C-1 zone. He stated the special use permit, if approved, will allow the petitioner to commence construction prior to finalization of the rezoning. He stated the C-1 zone does not allow for auto related businesses, but the C-2 zone permits this type of operation with a special use permit. Mr. Robinson stated there are some problems associated with the site, mainly dealing with access. He stated there is a shared access on the west of Tract D, but Tract C has no other access by itself. He stated there is a private easement between Tracts C and D which has been recorded and they share a common driveway. He stated the owner of Tract C would grant an easement to Tract D for joint parking. Mr. Robinson stated staff has drafted a plan for traffic and visual improvements including landscaping and buffer space between the businesses and the apartment complex. He stated it is recommended the driveway be moved five feetand landscaping be installed with a re- taining wall, and delineation of the driveway. Mr. Robinson stated the petitioners have both agreed to participate in the cost for these improvements. Mr. Robinson stated staff is recommending the following stipulations for Tracts B and C: (1) petitioner agrees to execute a restrictive covenant agreement against Tract B and C, stating that no automotive related businesses (service, fuel dispensing, sales, or leasing), as outlined in the special use section of the C-2 code, will be per- mitted regardless of C-2 zoning status. Completed prior to publication of rezoning ordinance; (2) petitioner agrees to refurbish building including trim painting and roof equipment screening prior to occu- pancy; (3) petitioner agrees to install a brick dumpster enclosure with opaque gate prior to occupancy; (4) petitioner agrees to install a pylon sign similar to the Riverside Car Wash sign prior to occu- pancy; (5) petitioner agrees to install landscaping and automatic sprinkling, as per City plan dated 7/1/87, on Tracts B and C (except along west edge) prior to occupancy; (6) petitioner agrees to install landscape tree webs, plantings, and irrigation along the western edge of Tracts B, C and D, as per City plan dated 7/1/87 by October 31 , 1989; (7) petitioner agrees to make parking lot/driveway im:-,rovements including curbing, blacktopping, sealcoating and striping prior to occupancy; and (8) petitioner agrees to provide joint driveway ease- ments from Tract B to Tract C and joint driveway and parking easerknts from Tract C to Tract D prior to publication of ordinance. ,t 1C PLANNING COMLfISSION MEETING, JULY 8. 1987_ PAGE 3 Mr. Freyinger stated he is the owner of the apartment complex adjacent to Tract B and would like to control development on this corner and is the reason why he is Durchasing the building on Tract C. He stated he plans to lease this parcel and interest has been expressed for a pizza or submarine sandwich establishment. Mr. Freyinger stated he is willing to make all the improvements as he would like to see the area improved. He stated the property as it is now is not a real pride of owner- ship and the situation is also bad for his apartment complex. Mr. Betzold asked Mr. Freyinger if he anticipated any future development for Tract B. Mr. Freyinger stated at one time, he considered constructing 'a tennis court for the apartment complex, however, does not believe this is a good idea. He stated, in the future, this property would probably be used for parking as it is close to the main entrance of the apartments. Mr. Olchefske stated he appreciated the efforts everyone has made to improve this corner and felt it would be a good asset for the community. He stated he has to be careful in making changes that would affect his ability to be successful in this business. Mr. Kondric k stated he wondered if there would be sufficient space if the entrance of the car wash was moved. Mr. Robinson stated there appears to be enough space as it would actually be 36 feet from the end of the building to the new curbing. Mr. Olchefske felt there should be a field test to prove cars could make the turn, if the driveway is relocated. He stated he didn't want to agree to installing the curbs before it is shown that it is physically possible to access it. Mr. Robinson felt this could be tested before the Council meeting to make sure it is workable. Mr. Robinson stated staff is recommending the following stipulations for Tract D: (1) petitioner agrees to refurbish westerly addition to car wash by adding roof equipment screening and refinishing facade (roof screening details by owner, approved by staff) . Work to be completed prior to occupancy of proposed addition; (2) easterly facing overhead doors to be tan colored; (3) petitioner agrees to provide a brick dumpster enclosure with opaque gate prior to occupancy of proposed addition; (4) petitioner agrees to install landscaping and provide automatic sprinkling as per City plan dated 7/1/87 on Tract D (except along west edge) prior to occupancy of proposed addition; (5) petitioner agrees to make parking lot/driveway im- provements including shifting of westerly drive five feet east, and new curbing, blacktopping and retaining wall as indicated on City plan dated 7/1/87 prior to occupancy of proposed addition. Driveway and retaining wall details by owner prior to building per- mits; (6) petitioner agrees to close driveway off of East River Road (remove hardsurfacing and light fixture and provide landscaping) I PLANNING COMMISSION MEETING, JULY 8, 1987 PAGE 4 prior to occupancy of proposed addition; and (7) petitioner agrees to provide joint driveway and planting easements from Tract D to Tract C prior to publication of rezoning ordinance. Mr. Robinson stated the County wishes to reduce the ingress and egress on East River Road, but if this isn't possible, the second preference would be for an entrance only. Mr. Kondrick stated at busy times at the car wash, people. are coming into the wash off Mississippi and if the driveway was closed on East River Road, he questioned -how they would exit. Mr. Robinson stated this is the same concern raised by the petitioner who feels the East River Road driveway is necessary for exiting. Mr. Kondrick stated he would be in favor of leaving the driveway open possibly with signage to direct traffic. Mr. Billings stated if the driveway on East River Road were an entrance only, there would be a lot of congestion on the Mississippi side with persons trying to enter. and exit. . Mr. Betzold asked W. Olchefske what he desired for ingress and egress. Mr. Olchefske stated the car wash has been at this location for approximately 20 years and he has operated it for 10 years and hasn't had any problems with the entrances or exits. He stated there has never been a mishap and it would be a severe hardship for him to change it. PIr. Robinson stated, presently, there may not be a problem, but the proposed expansion will bring the building closer to the driveway and add additional doors. He stated there is a potential problem with children leaving vehicles in the vacuuming area and could cause further problems when the restaurant facility becomes oper- ational. Mr. Phelps, 5755 Washington Street, wondered if the parking for the restaurant could be placed on Tract B to provide additional space -for the car wash. site. Mr. Robinson stated two property owners are involved and two separate tax parcels so it would be up to the owners. He stated Mr. Frevinger is granting parking easements for the car wash there is only a small unimproved area of the car wash site where possibly four cars could park. Mr. Olchefske stated if a driveway is removed, it makes it more difficult to access his business and inconvenient for customers. He stated studies have proved that access should be as simple as possible so as not to create a hardship for his business. 1D • PLANNING CO`iffSSION MEETING, JULY 8, 1987 PAGE 4 prior to occupancy of proposed addition; and (7) petitioner agrees to provide joint driveway and planting easements from Tract D to Tract C prior to publication of rezoning ordinance. Mr. Robinson stated the County wishes to reduce the ingress and egress on East River Road, but if this isn't possible, the second preference would be for an entrance only. Mr . Kondrick stated at busy times at the car wash, people are coming into the wash off Mississippi and if the driveway was closed on East River Road, he questioned -how they would exit. Mr. Robinson stated this is the same concern raised by the petitioner who feels the East River Road driveway is necessary for exiting. Mr. Kondrick stated he would be in favor of leaving the driveway open possibly with signage to direct traffic. Mr. Billings stated if the driveway on East River Road were an entrance only, there would be a lot of congestion on the Mississippi side with persons trying to enter and exit. Mr. Betzold asked Mr. Olchefske what he desired for ingress and egress. Mr. Olchefske stated the car wash has been at this location for approximately 20 years and he has operated it for 10 years and hasn't had any problems with the entrances or exits. He stated there has never been a mishap and it would be a severe hardship for him to change it. Mr. Robinson stated, presently, there may not be a problem, but the proposed expansion will bring the building closer to the driveway and add additional doors. He stated there is a potential problem with children leaving vehicles in the vacuuming area and could cause further problems when the restaurant facility becomes oper- ational. Mr. Phelps, 5755 Washington Street, wondered if the parking for the restaurant could be placed on Tract B to provide additional space .for the car wash site. Mr. Robinson stated two property owners are involved and two separate tax parcels so it would be up to the owners. He stated Mr. Frevinger is granting parking easements for the car wash there is only a small unimproved area of the car wash site where possibly four cars could park. Mr. Olchefske stated if a driveway is removed, it makes it more difficult to access his business and inconvenient for customers. He stated studies have proved that access should be as simple as possible so as not to create a hardship for his business. 1E PLANNING COMMISSION MEETING, JULY 8, 1987 PAGE 5 Mr. Billings stated he didn't want to imply he was necessarily in favor of closing the driveway. He stated, however, he wondered if there was sufficient stacking room for cars exiting the car wash and waiting to enter on East River Road. Mr. Kondrick stated he felt this really isn't a problem as there is no backup of cars leaving the car wash. Mr. Billings asked Mr. Olchefske his plans for the new addition. Mr. Olchefske stated he would be extending the tunnel approximately 22 feet and adding a polishing and buffing center. Mr. Billings asked if customers would make appointments for these services. Mr. Olchefske stated if you were going to have the interior of your car shampooed, an appointment would be necessary. He stated as far as the polishing, this could possibly be done without an appointment, if it was not a busy day. Mr. Kondrick asked if the polishing and buffing center would be a separate room. Mr. Olchefske stated he wanted people to see this area so there would be visual exposure. Mr. Robinson stated while there may be other options such as providing an exit farther north on Tract B he felt if the driveway on East River Road is not closed, it should be an exit only. Mr. Olehefske stated he wanted to continue to be competitive in his business and if this is what the City desires, he could live with it. Mr. Billings stated if the Commission recommended an exit only on East River Road, he questioned if there would be signage to direct the patrons. Mr. Robinson stated it is probably a good idea to mark the one drive on Mississippi as entrance and the exit on East River Road as exit only. Mr. Betzold stated possibly the access situation should be reviewed at a later date to see if it is working both from the petitioner's and the City's standpoint. Mr. Robinson stated if the Commission wished to review the access at a future date, stipulation No. 6 for Riverside Car Wash should be deleted from the rezoning stipulations and included as a stipulation of the special use permitwhich is reviewable. MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE PUBLIC HEARING CLOSED AT 8:35 p.m. PLANNING COMMISSION MEETING, JULY 8, 1987 PAGE 6 MOTION BY MR. KONDRICK, SECONDED BY MS. SHEREK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF REZONING, ZOA #87-03, BY RANDALL QLCHEFSKE AND KLAUS FREYINGER, TO REZONE FROM C-1 (LOCAL BUSINESS) TO C-2 (GENERAL BUSINESS) ON TRACT B, C, AND D, REGISTERED LAND SURVEY NO. 19, THE SAME BEING 6520, 6530, AND 6536 EAST RIVER ROAD N.E., WITH THE FOLLOWING STIPULATIONS APPLYING TO TRACTS B AND C: (1) PETITIONER AGREES TO EXECUTE A RESTRICTIVE COVENANT AGREEMENT AGAINST TRACT B AND C, STATING THAT NO AUTOMOTIVE RELATED BUSI- NESSES (SERVICE, FUEL DISPENSING, SALES, OR LEASING), AS OUTLINED IN THE SPECIAL USE SECTION OF THE C-2 CODE, WILL BE PERMITTED REGARD- LESS OF C-2 ZONING STATUS. COMPLETED PRIOR TO PUBLICATION OF REZONING ORDINANCE; (2) PETITIONER AGREES TO REFURBISH BUILDING INCLUDING TRIM PAINTING AND ROOF EQUIPMENT SCREENING PRIOR TO OCCUPANCY; (3) PETITIONER AGREES TO INSTALL A BRICK DUMPSTER ENCLOSURE WITH OPAQUE GATE PRIOR TO OCCUPANCY; (4) PETITIONER AGREES TO INSTALL A PYLON SIGN, SIMILAR TO THE RIVERSIDE CAR WASH SIGN, PRIOR TO OCCUPANCY; (5) PETITIONER AGREES TO INSTALL LANDSCAPING AND AUTOMATIC SPRINKLING, AS PER CITY PLAN DATED 7/1/87, ON TRACTS B AND C (EXCEPT ALONG WEST EDGE) PRIOR TO OCCUPANCY; (6) PETITIONER AGREES TO INSTALL LANDSCAPE TREE WELLS, PLANTINGS, AND IRRIGATION ALONG THE WESTERN EDGE OF TRACTS B, C AND D, AS PER CITY PLAN DATED 7/1/87 BY OCTOBER 31, 1989; (7) PETITIONER AGREES TO MAKE PARKING LOT/DRIVEWAY IMPROVEMENTS INCLUDING CURBING, BLACKTOPPING, SEALCOATING AND STRIPING PRIOR TO OCCUPANCY; AND (8) PETITIONER AGREES TO PROVIDE JOINT DRIVEWAY EASEMENTS FROM TRACT B TO TRACT C AND JOINT DRIVEWAY AND PARKING EASEMENTS FROM TRACT C TO TRACT D PRIOR TO PUBLICATION OF ORDINANCE. FURTHER, THE FOLLOWING STIPULATIONS SHALL APPLY TO TRACT D: (1) PETITIONER AGREES TO REFURBISH WESTERLY ADDITION TO CAR WASH BY ADDING ROOF EQUIPMENT SCREENING AND REFINISHING FACADE (ROOF SCREEN- ING DETAILS BY OWNER, APPROVED BY STAFF) . WORK TO BE COMPLETED PRIOR TO OCCUPANCY OF PROPOSED ADDITION; (2) EASTERLY FACING OVERHEAD DOORS TO BE TAN COLORED; (3) PETITIONER AGREES TO PROVIDE A BRICK DUMPSTER ENCLOSURE WITH OPAQUE GATE PRIOR TO OCCUPANCY OF PROPOSED ADDITION; (4) PETITIONER AGREES TO INSTALL LANDSCAPING AND PROVIDE AUTOMATIC SPRINKLING AS PER CITY PLAN DATED 7/1/87 ON TRACT D (EXCEPT ALONG WEST EDGE) PRIOR TO OCCUPANCY OF PROPOSED ADDITION; (5) PETITIONER AGREES TO MAKE PARKING LOT/DRIVEWAY IMPROVEMENTS INCLUDING SHIFTING OF WESTERLY DRIVE FIVE FEET EAST, AND NEW CURBING, BLACKTOPPING AND RETAINING WALL AS INDICATED ON CITY PLAN DATED 7/1/87 PRIOR TO OCCU- PANCY OF PROPOSED ADDITION. DRIVEWAY AND RETAINING WALL DETAILS SUB- MITTED BY OWNER PRIOR TO BUILDING PERMITS; AbD (6) PETITIONER AGREES TO PROVIDE JOINT DRIVEWAY AND PLANTING EASEMENTS FROM TRACT D TO TRACT C PRIOR TO PUBLICATION OF REZONING ORDINANCE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE 110TION CARRIED UNANIMOUSLY. Chairperson Billings stated this item would be on the City Council's agenda for August 3, 1987. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #87-15 BY RANDALL OLCHEFSKE OF RIVERSIDE CAR WASH: To allow a motor vehicle fuel ispensing service and a car wash in a C-1 (Loca ess) zone on Tract D. Registered Land Survey No , e same being 6520 East River Road N.E. 1F t PLA1171r;G COM!-, SIGN MEETING JULY 8 1987 PAGE 6 MOTTO'; BY PLR. KONTDRICK, SECONDED BY 11S. SHEREK, TO RECOMLIEND TO CITY COUNCIL APPROVAL OF REZONING, ZOA #87-03, BY RANDALL OLCHEFSKE AND KLAUS FREYINGER, TO REZONE FROM C-1 (LOCAL BUSINESS) TO C-2 (GENERAL BUSINESS) ON TRACT B, C, AND D, REGISTERED LAND SURVEY NO. 19, THE SAME BEING 6520, 6530, AND 6536 EAST RIVER ROAD N.E., WITH THE FOLLOWING STIPULATIONS APPLYING TO TRACTS B AND C: (1) PETITIONER AGREES TO EXECUTE A RESTRICTIVE COVENANT AGREEMENT AGAINST TRACT B AND C, STATING THAT NO AUTOMOTIVE RELATED BUSI- NESSES (SERVICE, FUEL DISPENSING, SALES, OR LEASING), AS OUTLINED IN THE SPECIAL USE SECTION OF THE C-2 CODE, WILL BE PERMITTED REGARD- LESS OF C-2 ZONING STATUS. COMPLETED PRIOR TO PUBLICATION OF REZONING ORDINANCE; (2) PETITIONER AGREES TO REFURBISH BUILDING INCLUDING TRIM PAINTING AND ROOF EQUIPMENT SCREENING PRIOR TO OCCUPANCY; (3) PETITIONER AGREES TO INSTALL A BRICK DUMPSTER ENCLOSURE WITH OPAQUE GATE PRIOR TO OCCUPANCY; (4) PETITIONER AGREES TO INSTALL A PYLON SIGN, SIMILAR TO THE RIVERSIDE CAR WASH SIGN, PRIOR TO OCCUPANCY; (5) PETITIONER AGREES TO INSTALL LANDSCAPING AND AUTOMATIC SPRINKLING, AS PER CITY PLAN DATED 7/1/87 , ON TRACTS B AND C (EXCEPT ALONG WEST EDGE) PRIOR TO OCCUPANCY; (6) PETITIONER AGREES TO INSTALL LANDSCAPE TREE WELLS, PLANTINGS, AND IRRIGATION ALONG THE WESTERN EDGE OF TRACTS B, C AND D, AS PER CITY PLAN DATED 7/1/87 BY OCTOBER 31, 1989; (7) PETITIONER AGREES TO MAKE PARKING LOT/DRIVEWAY IMPROVEMENTS INCLUDING CURBING, BLACKTOPPING, SEALCOATING AND STRIPING PRIOR TO OCCUPANCY; AND (8) PETITIONER AGREES TO PROVIDE JOINT DRIVEWAY EASEMENTS FROM TRACT B TO TRACT C AND JOINT DRIVEWAY AND PARKING EASEMENTS FROM TRACT C TO TRACT D PRIOR TO PUBLICATION OF ORDINANCE. FURTHER, THE FOLLOWING STIPULATIONS SHALL APPLY TO TRACT D: (1) PETITIONER AGREES TO REFURBISH WESTERLY ADDITION TO CAR WASH BY ADDING ROOF EQUIPMENT SCREENING AND REFINISHING FACADE (ROOF SCREEN- ING DETAILS BY OWNER, APPROVED BY STAFF). WORK TO BE COMPLETED PRIOR TO OCCUPANCY OF PROPOSED ADDITION; (2) EASTERLY FACING OVERHEAD DOORS TO BE TAN COLORED; (3) PETITIONER AGREES TO PROVIDE A BRICK DUMPSTER ENCLOSURE WITH OPAQUE GATE PRIOR TO OCCUPANCY OF PROPOSED ADDITION; (4) PETITIONER AGREES TO INSTALL LANDSCAPING AND PROVIDE AUTOMATIC SPRINKLING AS PER CITY PLAN DATED 7/1/87 ON TRACT D (EXCEPT ALONG WEST EDGE) PRIOR TO OCCUPANCY OF PROPOSED ADDITION; (5) PETITIONER AGREES TO MAKE PARKING LOT/DRIVEWAY IMPROVEMENTS INCLUDING SHIFTING OF WESTERLY DRIVE FIVE FEET EAST, AND NEW CURBING, BLACKTOPPING AND RETAINING WALL AS INDICATED ON CITY PLAN DATED 7/1/87 PRIOR TO OCCU- PANCY OF PROPOSED ADDITION. DRIVEWAY AND RETAINING WALL DETAILS SUB- MITTED BY OWNER PRIOR TO BUILDING PERMITS; AlKi (6) PETITIONER AGREES TO PROVIDE JOINT DRIVEWAY AND PLANTING EASEMENTS FROM TRACT D TO TRACT C PRIOR TO PUBLICATION OF REZONING ORDINANCE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Billings stated this item would be on the City Council's agenda for August 3, 1987. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP `87-15 BY RANDALL OLCHEFSKE OF RIVERSIDE CAR WASH: To allow a motor vehicle fuel ispensing service and a car wash in a C-1 (Loca s zone on Tract D, Registered Land Survey No a same being 6520 East River Road N.E. City of Fridley (Official Publication) PUBLIC HEARING BEFORE THE CITY COUNCIL NOTICE IS HEREBY GIVEN that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 UniversityAvAugust 3, nue Northeast on Monday, 1987 in the Council Chamber at 7:30 P.m.for the purpose of: Consideration of a Rezoning, ZOA 087-03,by Randall Olenefske and Klaus Frel"'ger, to rezone from C-1 ( ess Local Business)to C-2 (General Business) on Tract B, C, and D,Registered Land Sur- vey No. 19,the same being 6520, 6530 and 6536 East River Road N.E. Any and all persons desiring b heard shall be given an opportunitty at the above stated time and place WILLIA MNEF ayor (July 20&27,1987)-FRID 1 RBLIC HEARIDG B EFORE 'IHE CITY COU NCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, August 3, 1987 in the Council Chanter at 7:30 p.m. for the purpose of: Consideration of a Rezoning, ZOA #87-03, by Randall Olenef ske and Klaus Frey inger, to rezone f ran C-1 (Local Business) to C-2 (General Business) on Tract B, C, and D, Registered Land Survey No. 19, the same being 6520, 6530 and 6536 East River Road N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM NEE MAYOR Publish: July 20, 1987 July 27, 1987 I TF7 !.fTl`TTTT S OF TIME REGULAR METING OF THE FRIDLEY CITY COUNCIL OF AUG T -15 37 --------- —the Regular Meeting of the Fridley City Council was called to der at 7:30 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledg of Allegiance to the Fl ag. POLL CALL: MurEERS PRESENT: Mayor Nee, Councilm Goodspeed, Councilman Fitzpatrick, Coun lman Schneider and Councilwoman Jorgenson I-EI'SERS ABSENT: None APPRUTAL OF MINUTES: COUNCIL METING JULY 2/1987: MOTION by Counci/thmotion eider to approve the minutes as presented. Seconded by Councrgenson. Upon a voice vote, all voting aye, Mayor Nee declarecarried unanimously. ADOPTION OF AGEND MOTION by Cou ilman Fitzpatrick to adopt the agenda as submitted. Seconded by Counellm Schneider. Upon a voice vote, all voting aye, Mayor Nee declared t e motion carried unanimously. OPEN F ..UM_Y IS?TORS re was no response from the audience under this item of business. PUBLIC HEARINGS• 1 . PUBLIC HEARING ON A REZONING, ZOA #87-03, TO REZONE FROM C-1 ( LOCAL BUSINESS) TO C-2 (GENERAL BUSINESS) ON TRACTS B, C AND D. REGISTERED LAND SURVEY NO. 19, THE SAME BEING 6520, 6530 AND 6536 EAST RIVER ROAD N.E ., BY RANDALL OLCHEFSKE AND KLAUS FREYINGER: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:33 p.m. Mr. Robertson, Community Development Director, stated this rezoning is for Tracts B, C and D at 6520, 6530 and 6536 East River Road. He stated there is a car wash located on Tract D which is a non-conforming use and a vacant -1- ------------ COUNCIL METING OF AUGUST 3, 1987 building and lot on Tracts C and B. He stated all these parcels are presently zoned C-1 and the request is to rezone to C-2. Mr. Robertson stated Mr. .Freyinger owns the vacant building and lot and Mr. Olchefske owns the car wash. He reviewed the eight stipulations for Tracts B and C, Mr. Freyinger's property, and the seven stipulations for Tract D, Mr. Olchefske's property. Mayor Nee asked who has the right to impose the restrictive covenant regarding the land use. Mr. Herrick, City Attorney, stated it can be drafted so the City has the right to impose the covenant and is the proper way it should be handled. No persons in the audience spoke regarding this proposed rezoning. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:40 p.m. 2. PUBLIC HEARING ON A VACATION SAV #87-06, TO VACATE THE 12,,-FOOT ALLEY LOCATED BETWEEN 57TH AVENUE AND 58TH AVENUE AND BETWEEN JEFFU60N STREET AND WASHINGTON STREET, BY ROGER LEFFLER: MOTION by Councilman Goodspeed to waive the reading the public hearing IZ notice and open the public hearing. Seconded by Co 'oilman Schneider. Upon a voice vote, all voting aye, Mayor Nee decl ed the motion carried unanimously and the public hearing opened at 7' 1 p.m. Mr. Robertson, Community Development Direc r, stated in conjunction with this vacation, the Council granted a lot split and variances at their July 20 meeting. He stated if the vacation is approved, additional square footage would be added to the lots �reated by the lot split) and bring them into compliance with the code. Mr. Robertson stated staff cop acted the affected property owners and no objections have been receiv�,d. He stated three owners have not replied and staff would recontact the persons. Mr. Robertson stated o stipulations are recommended in connection with this vacation, as f ows: (1) the alley vacation is subject to concurrence of all abutting pr perty owners; and (2) a drainage and utility easement is to be maintained cross the entire alley. Mayor Nee as d if anyone now uses the alley for access purposes. Mr. Robe r son stated as far as he can determine, the only person using the alley the one requesting the vacation. No .rsons in the audience spoke regarding this proposed vacation. -2- t COUNCIL MEETING OF AUGUST 24, 1987 CENTRAL VIEW MANOR, THE SAME BEING 7315 HIGHWAY 65 N.E . , BY RAPID OIL CHANGE: This item was continued when Council adopted agenda. 7. CONSIDERATION OF APPOINTMENTS T �HEENRGERY AND ENVIRONMENTAL QUALITY COMMISS IONS: MOTION by Councilman hider to table this item. Seconded by Councilwoman Jorgenson. Upon oice vote, all voting aye, Mayor Nee declared the motion carried unan sly. NEW INESS: 8. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A REZONING, ZOA #87-039 TO REZONE FROM C-1 (LOCAL BUSINESS) TO C-2 (GENERAL BUSINESS) ON TRACT B, C AND D, REGISTERED LAND SURVEY NO 19, THE SAME BEING 6520, 6530 AND 6536 EAST RIVER ROAD N E , BY RANDALL OLCHEFSKE AND KLAUS FREYINGER: Mr. Robertson, Community Development Director, stated this proposed rezoning is for the Riverside Car Wash and adjacent property to the north. He stated a stipulation on the use of the building to the north would be covered by a restrictive covenant and limited to all land uses provided for in the C-1 (local business) section of the Zoning Code plus restaurant and day care uses which may be considered as permitted uses. Mr. Robertson stated the petitioner, Mr. Freyinger, has written a letter dated August 19, 1987 asking that the restrictions proposed be eased somewhat to include a health spa facility, veterinarian clinic, limousine service, mini-storage or indoor parking for the River Road East Apartments. He stated all these uses would require special use permits under the C-2 zoning which the Council is considering. He stated the health center and legitimate massage service would only be allowed in a C-3 zone with a special use permit. Councilman Fitzpatrick stated Mr. Freyinger' s request would be a rather significant departure from the items discussed at the public hearing. Mr. Herrick, City Attorney, stated the Council could adopt the restrictive covenant, as proposed, and if the owner feels he must have a use that isn' t contained in the covenant, he could request the Council to amend this covenant. He stated the Council could approve an amendment, if they felt it was a legitimate use of the facility rather than broadening the uses at this time and not knowing exactly what type of business would be located in this building. Mr. Freyinger, the petitioner, asked the Council not to narrow the uses. He stated he was making a significant sacrifice for his neighbor in providing parking and it was his understanding he would get a better use of the building. Mr. Freyinger stated it is difficult to negotiate with prospective tenants if you do not know if a business will be allowed. He stated he didn' t know if he could live with these restrictions. Mr. -5- COUNCIL MEETING OF AUGUST 24, 1987 Freyinger stated a day care center at this location is ruled out because he cannot get insurance. He stated the restrictive covenant would then only allow a restaurant and he felt this would not be a good use because of the access. Mr. Freyinger stated, however, he has leased one-third of the building to a pizza delivery service. Councilman Fitzpatrick stated the rezoning has not been approved and if it is of no benefit to the petitioner, it can be withdrawn. Mr. Freyinger stated Mr. 01chefske is far along with his plans and didn' t know if the rezoning could be withdrawn. He stated the recommendation from the Planning Commission was different than what is before the Council. Mr. Robertson stated the Planning Commission stipulation was that the covenant would restrict the C-2 uses to non-automotive oriented uses. He stated staff felt it was not specific enough and some of the uses contemplated by the petitioner should be mentioned. Ms. Penny Blomquist stated she is considering leasing this building from Mr. Freyinger for a hair and body salon which would offer hair and nail care services, tanning, massage and exercise. She stated she knows the building has a bad name, but would run a strictly legitimate and very upbeat business. Councilman Fitzpatrick stated he would favor the first reading of the rezoning ordinance with the stipulations recommended by staff and if the owner has other possible uses, he could submit a request to the Council to consider an amendment to the restrictive covenant. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading with the following stipulations applying for Mr. Olchefske' s and Mr. Freyinger' s properties : Randall Olchefske, Riverside Car Wash - (1) petitioner agrees to refurbish westerly addition to car wash by adding roof equipment screening and refinishing facade (roof screening details by owner - approved by staff) . Work to be completed prior to occupancy of proposed addition; (2) proposed easterly facing overhead doors to be tan colored; (3) petitioner agrees to provide a masonry dumpster enclosure with opaque gate prior to occupancy of proposed addition; (4) petitioner agrees to install landscaping and provide automatic sprinkling as per City plan dated 7/1/87 on Tract D (except along west edge) prior to occupancy of proposed addition; (5) petitioner agrees to make parking lot driveway improvements including shifting of westerly drive five feet east, and new curbing, blacktopping and retaining wall as indicated on City plan dated 7/1/87 prior to occupancy of proposed addition. Driveway and retaining wall details submitted by owner prior to building permits; (6) petitioner agrees to execute joint driveway and planting easements (content approved by staff) from Tract D to Tract C prior to publication of ordinance; and (7) petitioner agrees to execute a restrictive covenant agreement stating that land uses under proposed C-2 (General Business) zoning classification for Tract D, Registered Land Survey No. 19 is limited to all land uses provided for in the C-1 (Local Business) section of the Fridley Zoning Code plus fuel dispensing and car wash uses will be -6- 0 COUNCIL MEETING OF AUGUST 24, 1987 considered as permitted uses. Klaus Freyinger - ( 1 ) petitioner agrees to execute a restrictive covenant agreement stating that land uses under proposed C-2 (General Business) zoning classification for Tract B and C, Registered Land Survey No. 19 is limited to all land uses provided for in the C-1 (Local Business) section of the Fridley Zoning Code plus restaurant and day care uses will be considered as permitted uses and completed prior to publication of rezoning ordinance ; (2) petitioner agrees to refurbish building including trim painting and roof equipment screening, prior to occupancy; (3) petitioner agrees to install a brick dumpster enclosure with opaque gate prior to occupancy; (4) petitioner agrees to install a pylon sign similar to the Riverside Car Wash sign prior to full occupancy; (5) petitioner agrees to install landscaping and automatic sprinkling, as per City plan dated 7/1/87, on Tracts B and C (except along west edge) prior to occupancy; (6) petitioner agrees to install landscape tree wells, plantings, and irrigation along the western edge of Tracts B, C, and D, as per City plan dated 7/1/87 by October 31 , 1989; (7) petitioner agrees to make parking lot/driveway improvements including curbing, blacktopping, sealcoating and striping prior to occupancy; and (8) petitioner agrees to provide joint driveway easements (content approved by staff) from Tract B to Tract C and joint driveway and parking easements from Tract C to Tract D, prior to publication of ordinance. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION, SAV #87-06, TO VACATE THE 12 FOOT ALLEY LOCATED BETWEEN 57TH AVENUE AND 58TH AVENUE AND BETWEEN JEFFERSON STREET AND WASHINGTON STREET N.E . BY ROGER LE FFLE R: Mr. Robertson, Community Development Director, stated all p sons affected by this vacation are in agreement. He stated letters ve been received from everyone except Mr. Stephen Wallerius, 5703 Wash' gton Avenue, and he has agreed by phone and a letteZCOMMISSInOhNi,,eEnTING rthco MOTION by Councilman Goodspereading and approve the ordinance upon first reading. uncilman Fitzpatrick. Upon a voice vote, all voting aye, clared the motion carried unanimously. 10. RECEIVING THE MINUTES OF THE PLION MEETING OF AUGUST 5 1987 : MOTION by Councilman Sch der to receive the minutes of the Planning Commission MeetiZalloting t 5, 1987 . Seconded by Councilman Goodspeed. Upon a voice votaye, Mayor Nee declared the motion carried unanimously. 11 . ITEM FROM THE APSSION MEETING OF JULY 28 1987 : A-1 . IDERATION OF A VARIANCE VAR #87-27, TO REDUCE THE DISTANCE FROM ANY PROPERTY LINE FROM 10 FEET TO 6 FEET TO ALLOW THE ERECTION OF A FREESTANDING, PROJECT IDENTIFICATION SIGN ON LOT 4. EXCEPT THE NORTHERLY 35 FEET, LOT 5 AND 6, BLOCK 1 , PACO -7- COUNCIL MEETING OF AUGUST 24, 1987 INDUSTRIAL PARK, THE SAME BEING 7110 TO 7190 UNIVERSITY AVENUE N.E. BY WINFIELD DEVELOP T: Mr. Robertson, Community Development Director, state this is a request for a variance to reduce the distance from any propert line or driveway from the required 10 feet to 6 feet to allow the erect n of a freestanding sign and that the dumpster is to be screened as noted in the special use permit. He stated the hardship is existing landscapi g and utility poles in two corners of the property make it impractic 1 to place a sign at these locations. He stated staff has no objectio and the Appeals Commission has recommended approval of this variance. Mr. Robertson stated it should be noted at before the variance is issued, a previous stipulation for the dumpster to be screened, which was approved in conjunction with the special use pe mit, should be complied with. MOTION by Councilman Goodspeed to g nt this variance, VAR 087-27, to reduce the distance from any property li e from 10 feet to 6 feet to allow the erection of a freestanding sign, d that the dumpster is to be screened as noted in the special use permit. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RECEIVING THE MINUTES OF THE CAN ADVISORY COMMISSION OF JULY 30, 1987 : MOTION by Councilma/Fit atrick to receive the minutes of the Cable Television Commissiong of July 30, 1987 . Seconded by Councilman Schneider. Upon a voe, all voting aye, Mayor Nee declared the motion carried unanimously. 13 . CONSIDERATION OF STIP ALTERATION FOR A LOT SPLIT L.S . #87-04, BY JAMES BENSON AND GREG RY BRADBURY: AND 3. CONSIDERATION OF SE OND READING OF AN ORDINANCE APPROVING A VACATION SAV #87-04, TO VACATE VASEMENTS ON LOT 4 BLOCK 2 EAST RANCH ESTATES SECOND ADDITION GENERAWY LOCATED AT 7710 UNIVERSITY AVENUE N.E. BY J. BENSON AND G. BRADBURY: Mr. Robertson, Community Development Director, stated there were some questions of nership raised at the last meeting in regard to lot split, L.S. #87-04. He stated portions of land covered under this lot split were to be combi d with Mr. Schroer' s property with the intent that no land would be la dlocked. Mr. Robertson stated staff has submitted a proposed alteration o the original stipulations, as the definite ownership has not been estab ished at this time, and there is a question whether the original stipulati ns can be implemented. Mr. Robe tson stated the Council has received a memo from Mr. Herrick in which a is, essentially, recommending the Council adopt the original stipul tions, but recognizing that if by some small chance, that land is found of to belong to Mr. Schroer, it be recombined with the land to the west o there would be no landlocked parcels. -8- COUNCIL MEETING OF SEPTEMBER 14, 1987 Mr. Robertson, Community Development Director, stated there was question raised whether it would be possible to combine the remaining reels with Mr. Schroer's other property to make it one tax parcel . He ated a deed was recorded in June, 1978 which reserves an ingress and egre s access from Ranchers Road. He stated the petitioner' s request fort. a combining of these lots is really independent of the outstanding questdn if Mr. Schroer does own this property. Mr. Robertson stated he believe" the problem could be solved with the following stipulations: (1 ) Bob S roer will grant an access/egress easement for the south 50 feet of the st 115 feet of Lot 4 (see plat map easement A) to the City of Fri/dby its assigned; (2) Bob Schroer will reassign an existing private aress easement for the south 50 feet of Lot 5 (see plat map easemenhe City of Fridley or its assigned; and (3) Both easements will bethe City of Fridley and may be recorded at any time in the future aor private easements (assigned) at the City' s discretion. Mr. n stated he felt this settled the question of landlocking any property. Mr. Qureshi, City Manager, stated one o the stipulations of the lot split was all this property and the existing roperty Mr. Schroer owns would be combined into one tax parcel so whe er a portion is developed or sold, the City has input into the development He stated this particular stipulation is not noted in this vacation req st. Mr. Qureshi stated he realizes there is a legal question on a port n of the property, however, if it is determined Mr. Schroer is the er, he should comply with this stipulation. Mr. Robertson stated the pro sion to combine all the property into one tax parcel was covered in the 1 split approved on July 6, 1987 . He stated what is now being considero'd is vacation of the old utility easement. Mr. Benson, representinol/Mr. Schroer, stated Mr. Schroer agreed to combine all the parcels into oie tax parcel and when the ownership of the property in question is settled, he is willing to combine it into one ownership. Mr. Newman, City A orney, stated the Council ' s prior stipulation did not include the prope y crosshatched in blue as shown on the map. He stated parcel B and the other parcel, when it comes under the ownership of Mr. Schroer, would combined with the property Mr. Schroer owns to the south so all propert would be under one tax parcel. Mr. Robertso stated parcel B contains property which Mr. Schroer owns as well as the property whose ownership is being contested. MOTION b Councilman Goodspeed to waive the second reading and adopt Ordina a No. 894 on second reading and order publication, with the follow stipulations: (1) developer responsible for all costs associated with elocation of 8 inch sanitary sewer line; (2) new utility easements to be p ovided on north and south of property to accommodate relocation of sew r line; (3) Bob Schroer will grant an access/egress easement for the so h 50 feet of the west 115 feet of Lot 4 (see plat map easement A) to the C y of Fridley or its assigned; (4) Bob Schroer will reassign an existing ivate access/egress easement for the south 50 feet of Lot 5 (see plat map asement B) to the City of Fridley or its assigned; (5) both easements will -15- COUNCIL MEETING OF SEPTEMBER 14, 1987 be held by the City and may be recorded at any time in the re as public or private easements (assigned) at the City' s discret ; and (6) in the event Mr. Schroer is declared the owner of ParcellBf�t be combined with the property to the south as one tax par cehx-`'Seconded by Councilman Fitzpatrick. Upon a voice vote, all vQting aye, Mayor Nee declared the motion carried unanimously. Mr. Benson stated the pl 'or this project have been submitted to the City and he requested th allowed to apply for the building permit, after this vacation ublished. Mayo ee and the Council members indicated no objection if the petitioner prepared to take the risk of a possible reversal . 9. ORDINANCE NO 895 APPROVING A REZONING, Z OA #87-03, TO REZONE FROM C-1 (LOCAL BUSINESS) TO C-2 (GENERAL BUSINESS) ON TRACT B, C AND D, REGISTERED LAND SURVEY NO 19, THE SAME BEING 6520, 6530 AND 6536 EAST RIVER ROAD N.E., BY RANDALL OLCHEFSKE AND KLAUS FREYINGER: Mr. Robertson, Community Development Director, stated a restrictive covenant regarding land uses will be executed for Mr. Freyinger' s property and this covenant is being prepared by Mr. Newman, Assistant City Attorney. MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 895 and adopt it on the second reading and order publication, with the following stipulations: Klaus Freyinger's property - (1 ) petitioner agrees to execute a restrictive convenant agreement stating that land uses under proposed C-2 (General Business) zoning classificaton for Tract B and C, Registered Land Survey No. 19, is limited to those land uses provided for in the C-2 (General Business) section of the Fridley Zoning Code except the following will not be considered permitted uses: automobile agencies selling or displaying new and/or used vehicles, agencies selling or displaying recreational vehicles, automotive repair or service stations, liquor stores, bars and taverns. Restaurants serving wine and/or beer should be allowed. Complete prior to publication of rezoning ordinance ; (2) petitioner agrees to refurbish building including trim painting and roof equipment screening prior to occupancy; (3) petitioner agrees to install a brick dumpster enclosure wih opaque gate prior to occupancy; (4) petitioner agrees to install a pylon sign similar to the Riverside Carwash sign prior to full occupancy ; (5) petitioner agrees to install landscaping and automatic sprinkling, as per City plan dated 7/1/87, on Tracts B and C (except along west edge ) prior to occupancy; (6) petitioner agrees to install landscape tree wells, plantings, and irrigation along the western edge of Tracts B, C and D, as per City plan dated 7/1/87 by October 31 , 1989 ; (7) petitioner agrees to make parking lot/driveway improvements including curbing, blacktopping, sealcoating and striping prior to occupancy; (8) petitioner agrees to provide joint driveway easement (content approved by staff) from Tract B to Tract C and joint driveway and parking easements from Tract C to Tract D, prior to publication of ordinance . Randall Olchefske's property - (1) petitioner agrees to refurbish westerly addition to carwash by adding roff equipment screening and refinishing facade (roof screening details by owner - approved by staff) . Work to be -16- C •• COUNCIL MEETING OF SEPTEMBER 14, 1987 completed prior to occupancy of proposed addition; (2) proposed easterly facing overhead doors to be tan colored; (3) petitioner agrees to provide a masonry dumpster enclosure with opaque gate prior to occupancy of proposed addition; (4) petitioner agrees to install landscaping and provide automatic sprinkling as per City plan dated 7/1/87 on Tract D (except along west edge) prior to occupancy of proposed adddition; (5) petitioner agrees to make parking lot driveway improvements including shifting of westerly drive five feet east, and new curbing, blacktopping and retaining wall as indicated in City plan dated 7/1/87 prior to occupancy of proposed addition. Driveway and retaining wall details by owner prior to building permits; (6) petitioner agrees to execute joint driveway and planting easements (content approved by staff) from Tract D to Tract C prior to publication of ordinance ; and (7) petitioner agrees to execute a restrictive covenant agreement stating that land uses under proposed C-2 (General Business) zoning classificaton or Tract D, Registered Land Survey No. 19, is limited to all land uses provided for in the C-1 (Local Business) section of the Fridley Zoning Code plus fuel dispensing and car wash uses will be considered as permitted uses. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, stated he assumes publication of the ordinance would be after the restrictive covenant is signed. 10. CONSIDERATION OF APPOINTMENTS TO THE ENERGY AND ENVIRONMENTAL WALITY COMMISSIONS: MOTION by Councilman Schneider to table this item. Seconde y Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Neeclared the motion carried unanimously. 11 . CONSIDERATION OF FIRST READING OF AN ORDINANCE.- PPROV ING A VACATION, SAV #87-07, TO VACATE THE 12 FOOT ALLEY IN BLOC =-5 HYDE PARK LYING NORTH OF THE SOUTH LINE OF LOT 22 EXTENDED EASTERLY ASOUTH OF THE NORTH LINE OF LOT 30 EXTENDED EASTERLY ALL LYING EAST OF AX6 ADJOINING LOTS 22-30, BLOCK 5 HYDE PARK GENERLLY LOCATED BETWEEN 61ST ENUE AND 60TH AVENUE AND BETWEEN 3RD STREET AND UNIVERSITY AVENUE BY YNE JOHNSON: Mr. Robertson, Ztreet,, stated v opment Director, stated the City could install the driveway troperty at 6017 3rd Street and assess all or a portion of the Mrs. Reed, 601stated there isn' t enough property on either side of their ll a two car garage. She stated if a garage was constructed oir front door, a four foot variance would be required. . Reed stated she would like to save as many trees as possible and if th proceed on this basis, four trees would have to be removed. She stated a cost estimates are about $7,000. Mrs. Reed stated there isn' t much centive to install the driveway if they have to pay the entire cost and ose the trees. She stated if the City wanted the vacation, they would a ee with it if they can get some assistance with the driveway installation nd tree removal. -17- COUNCIL MEETING OF SEPTEMBER 14, 1987 Mayor Nee asked Mrs Reed if she had talked to the neighbors about the front yard encroachment of the garage. Mrs. Reed stated she had not, but that is the only location on the property where the garage could be constructed. Mr. Qureshi, City Manager, stated if the alley is vacated, e-half of it reverts to the property to the east, which is the Highw Department' s right-of-way, and the other half would revert to the proper ies to the west. Mr. Qureshi questioned the petitioner' s plans and reason f r requesting this vacation. Mrs. Reed stated she understands the petitioner, Mr.' Johnson, wishes to construct a garage. Mr. Qureshi stated he didn' t believe there would be sufficient space as part of the alley, if vacated, would belong to the Hi ay Department. Councilman Fitzpatrick stated he didn't believe the petitioner was aware a portion would belong to the Highway Department.>`and probably thought he would receive 12 feet not 6 feet. MOTION by Councilman Goodspeed to waive, and reading and approve the ordinance upon first reading with the amendment for vacation of the west one-half of the alley, with the following stipulations: ( 1 ) a utility easement to be retained over theyn 'portion of vacated alley; (2) garage construction contingent upon letom all utility companies allowing a specified distance of encroachnto retained utility easement ; (3) garage construction contingentpassage of a resolution by Council authorizing a specified distanceroachment into retained easement; (4) petitioner to escrow funds withWorks Department sufficient to cover curb work for proposed curb cut;on 3rd Street; and (5) dumpster to be fully screened. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RECEIVING THE MINUTES OF T2t.E PLANNING COMMISSION MEETING OF AUGUST 26, 1987 : d` A. CONSIDERATION OFA PECIAL USE PERMIT SP #87-16 TO ALLOW EXTERIOR STORAGE LF MATERIALS AND EQUIPMENT ON PART OF LOT 1 AUDITOR'S SUBDIVISON NO 79, THE SAME BEING 4500 MAIN STREET N.E., BY RUBBERYHestlated RCH: Mr. Robertsonty Development Director, stated this is a request to allow for outage of materials and equipment for property at 4500 Main Street. the Planning Commission recommended approval of the request witY six stipulations, which he outlined. MOTION b Councilman Fitzpatrick to grant special use permit, SP #87-16, with th following stipulations: (1 ) provide a water main loop at the time of th building expansion; (2) provide landscaping and hard surface parking lot nd driveways with curbing; (3) automatic sprinkling for front lawn to be nstalled with landscaping as per City' s plan; (4) provide crushed rock o asphalt in the relocated storage area ; (5 ) stipulations to be -18- 9D IQ_Pl1S i-RLY I f SitR ST I RIAI 10% 1 . PETITIONER AGREES TO EXECUTE A RESTRICTIVE COVENANT AGREEMENT STATING THAT LAND USES UNDER PROPOSED C—Z GENERAL BUSINESS ) ZONING CLASSIFICATION FOR IRACT B AND C, REGISTERED LAND SURVEY N0. 19 IS LIMITED TO THOSE LAND USES PROV I DED FOR IN THE C-2 ((aENERAL BUS I NESS) SECTION OF THE FRIDLEY ZONING CODE EXCEPT THE FOLLOWING WILL NOT BE CONSIDERED PERMITTED USES; AUTOMOBILE AGENCIES SELLING OR DISPLAYING NEW AND/OR USED VEHICLES, AGENCIES SELLING OR DISPLAYING RECREATIONAL VEHICLES, AUTOMOTIVE REPAIR OR SERVICE STATIONS, LIQUOR STORES, BARS AND TAVERNS. RESTAURANTS SERVING WINE AND/OR BEER SHOULD BE ALLOWED. CCMPLETE PRIOR TO PUBLICATION OF REZONING ORDINANCE. 2. PETITIONER AGREES TO REFURBISH BUILDING INCLUDING TRIM PAINTING AND ROOF EQUIPMENT SCREENING, PRIOR TO OCCUPANCY. j. PETITIONER AGREES TO INSTALL. A BRICK Dl MPSTER ENCLOSURE WITH OPAQUE GATE PRICK TO OCCUPANCY. 4. PETITIONER AGREES TO INSTALL A PYLON SIGN SIMILAR TO THE RIVERSIDE CARWASH SIGN PRIOR TO FLLL OCCUPANCY. 5. PETITIONER AGREES TO INSTALL LANDSCAPING AND AUTOMATIC SPRINKLING, AS PER CITY PLAN DATED (/01/8(, ON IRACTS B AND C (EXCEPT ALONG WEST EDGE) PRIOR TO OCCUPANCY. 6. PETITIONER AGREES TO INSTALL LANDSCAPE TREE WELLS, PLANTINGS, AND IRRIGATION ALONG THE WESTERN EDGE OF IRACTS B, C, AND U, AS PER CITY PLAN DATED (/01/8( BY OCTOBER 51, 1989. (. PETI TI ONER AGREES TO MAKE PARKI NG LOT/DR I VEWAY IMPROVEMENTS I NCLUD I NG CURBING, BLACKTOPPING, SEAL—COATING AND STRIPING PRIOR TO OCCUPANCY. 8. PETITIONER AGREES TO PROVIDE JOINT DRIVEWAY EASEMENTS (CONTENT APPROVED BY STAFF) FROM TRACT B TO IRACT C AND JOINT DRIVEWAY AND PARKING EASEMENTS FRCM TRACT C TO IRACT U, PRIOR TO PUBLICATION OF ORDINANCE. 090187 DECLARATION OF EASEMENT AND RESTRICTIVE COVENANT THIS DECLARATION OF EASEMENT AND RESTRICTIVE COVENANT made this day of September , 1987 , by Klaus Freyinger ( "Freyinger" ) , joined by Eva Freyinger , his wife . RECITALS 1 . Freyinger is the owner of the parcel of land legally described as Tract B, Registered Land Survey No . 19 , ( "Tract B" ) and is vendee under a contract for deed dated December 15 , 1986, relating to the parcel of land legally described as Tract C, Registered Land Survey No . 19 , ( "Tract C" ) according to the survey on file and of record in the office of the Registrar of Titles in and for Anoka County. 2 . Freyinger has petitioned the City of Fridley for a rezoning of Tract B and Tract C from C-1 zoning to C-2 zoning . 3 . In order to induce the City of Fridley to rezone Tract B and Tract C, Freyinger hereby makes the following declarations of easement and restrictive covenant . DECLARATIONS 1 . Freyinger hereby declares a driveway easement for ingress and egress over part of Tract B in favor of and appurtenant to Tract C, legally described as follows : The Southeasterly 10 feet of the Southwesterly 60 feet of Tract B, measured at right angles to the Southeasterly boundary of Tract B; as well as the Southeasterly 20 feet of Tract B; except the Southwesterly 60 feet thereof ; as well as that part of Tract B, except the Southeasterly 20 feet thereof , lying Easterly and Southeasterly of a straight line drawn between a point on the Northeasterly boundary of - 1 - 7609R f Tract B lying 100 feet Northwesterly of the most Easterly corner of Tract B and a point on a line parallel to and 20 feet , measured at right angles , Northwesterly of the Southeasterly line of Tract B lying 180 feet , measured along said parallel line, from the Southwesterly boundary of Tract B. 2 . This declaration shall run with the land and the terms hereof shall be binding on and inure to the benefit of the owners of Tract B and Tract C, their heirs , successors and assigns . It is the intent of Freyinger that the easement not be merged or otherwise affected by ownership by one person of both the burdened and benefitted estates . 3 . Freyinger agrees and covenants for himself , his heirs , executors , and assigns , for the benefit of the City of Fridley, that the use of Tract B and Tract C shall not be put to automobile related business , as outlined in the special use section of the C-2 Code, regardless of C-2 zoning status according to the City of Fridley Zoning Code . Klaus Freyinger Eva Freyinger The foregoing instrument was acknowledged before me this day of 1987 by Klaus Freyinger and Eva Freyinger , his wife . (Notarial Seal ) Notary Public This document was drafted by: Fredrikson & Byron, P .A. 1100 International Center 900 Second Avenue South Minneapolis , MN 55402 2 - 7609R _-.—� • 090187 RECIPROCAL EASEMENTS DECLARATION AND AGREEMENT THIS AGREEMENT made and entered this day of September , 1987 , by and between Klaus Freyinger joined by Eva M. Freyinger , his wife, ( "Freyinger'' ) and Randall P . Olchefske ( "Olchefske" ) joined by Joan E . Olchefske, his wife. RECITALS 1 . Freyinger is the owner of the parcel of land legally described as Tract B, Registered Land Survey No . 19 , ( "Tract B" ) and is the vendee under a contract for deed dated December 15 , 1986 relating to the parcel of land legally described as Tract C, Registered Land Survey No . 19 , ( "Tract C" ) according to the survey on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota . 2 . Freyinger is the owner of the parcel of land as legally described on Exhibit A hereto ( "Riverroad Parcel'' ) . 3 . Olchefske owns a parcel of property adjacent to Tract C legally described as Tract D, Registered Land Survey No . 19 , ( "Tract D" ) according to the survey on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota . 4 . The parties to this Agreement desire to grant and convey the reciprocal easements as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual conveyances contained herein, the parties hereby agree as follows : - 1 - 7608R • 090187 AGREEMENT AND DECLARATIONS 1 . Freyinger hereby grants and conveys to Olchefske for the benefit of Tract D a perpetual , non-exclusive appurten- ant easement for driveway purposes over and across the land lying Southeasterly of a line drawn parallel with, and 8 feet Northwesterly of , the most Southeasterly line of Tract C. Olchefske hereby grants and conveys to Freyinger for the benefit of Tract C a perpetual , non-exclusive appurtenant easement for driveway purposes over and across that portion of Tract D lying Northwesterly of a straight line drawn between a point on the Northeasterly boundary of Tract D lying 7 feet Southeasterly along said Northeasterly boundary from the most Northerly corner of Tract D, and a point on the Southwesterly boundary of Tract D lying 37 feet Southeasterly along said Southwesterly boundary from the most Westerly corner of Tract D, except the Southwesterly 9 feet thereof measured at right angles to the Southwesterly boundary of Tract D. As used in this Paragraph 1 , "driveway purposes'' shall mean an easement for commercial driveway purposes consisting of a one-way driveway running from the East to the West along the common boundary of Tract C and Tract D . The patrons of a certain car wash located on Tract D may use the common driveway described herein for access to a vehicle vacuuming bay on the Northwest line of the autowash building . Vehicles shall not be parked on the easements granted herein; provided, however , that 2 - 7608R • • 082187 to enter the easement area for temporary vacuuming purposes only. Provided further, that patrons to any business on Tract C may utilize the common driveway described herein for food pick-up purposes . 2 . Olchefske hereby grants and conveys to Freyinger for the benefit of Tract B and Tract C a perpetual , non-exclu- sive appurtenant easement for driveway purposes over and across a strip of land 20 feet in width and being the Northeasterly 20 feet of the Southwesterly 29 feet of Tract D, measured at right angles to the Southwesterly boundary of Tract D . Olchefske hereby agrees and covenants promptly to perform and to pay for all costs associated with: a) moving the curb cut at the Southwest corner of Tract D to allow access from Mississippi Way to the easement granted in this paragraph; b) constructing, blacktopping and maintaining an access road upon the entire easement granted in this paragraph; c) constructing and main- taining a retaining wall adjacent to the Northeasterly boundary line of the easement granted in this paragraph; and d) con- structing and maintaining a curb cut along the Southwesterly boundary line of the easement granted in this paragraph, as shown on the Riverside Automotive Inc . , Comprehensive Landscape Plan, dated July 1 , 1987 . 3 . "Driveway purposes" as used in this Agreement , unless elsewhere defined herein, means an easement for commercial driveway purposes and it is agreed that no vehicles shall be parked on the easements granted herein. - 3 - 7608R • • 082187 4 . Freyinger hereby grants and conveys to Olchefske for the benefit of Tract D a perpetual non-exclusive appur- tenant easement for employee parking purposes over the North- easterly 18 feet of the Southwesterly 27 feet of Tract C ( "Parking Space Easement" ) . The parties agree that the Parking Space Easement shall be used for motor vehicle parking spaces , each 8 feet 6 inches in width and 18 feet in depth. Freyinger shall have the non-exclusive right to utilize the parking spaces in the Parking Space Easement when the same are not being utilized by Olchefske, his employees , heirs or assigns . The Parking Space Easement shall be used solely for the employees of Olchefske ' s car wash operation. 5 . Freyinger hereby grants and conveys to Olchefske for the benefit of Tract D a perpetual , non-exclusive appurten- ant easement for access to and from the Parking Space Easement over and across the Northeasterly 25 feet of the Southwesterly 52 feet of Tract C ( ''Parking Space Access Easement" ) . Freyinger shall have sole discretion and right to relocate the Parking Space Easement and the Parking Space Access Easement anywhere on Tract B or Tract C, so long as Freyinger continues to provide a minimum of seven parking spaces for the Parking Space Easement and access thereto . Olchefske agrees to execute, upon demand, the necessary documents reflecting the relocation of the Parking Space Easement and Parking Space Access Easement, if any relocation is made. - 4 - 76088 • i 082187 6 . As consideration for the Parking Space Easement and the Parking Space Access Easement , Olchefske agrees and covenants , for himself and his heirs and assigns of Tract D, to perform snow-plowing and lawn cutting services as necessary to keep Tract C and the parking and driveway areas thereon free of ice, snow and debris and to keep the Easterly landscaped areas of Tract C regularly mowed and in a neat and clean condition; provided, however, that Olchefske agrees , for himself , and his heirs and assigns of Tract D to perform snow-plowing services as herein expressed on Tract B, if the Parking Space Easement is relocated to Tract B; provided further , that in Freyinger ' s sole discretion, Freyinger may instead perform such work and charge Olchefske the cost of providing such services , and Olchefske shall be obligated to pay such costs to Freyinger within 30 days after notice of the amount thereof . 7 . Olchefske hereby agrees and covenants to pay all costs and expenses of relocating the water line serving proper- ties owned by Freyinger and now running through the water ease- ment to which Tract D is subject if , as a result of the expan- sion of Olchefske ' s car wash operation, relocation of the water easement becomes necessary. 8 . Olchefske hereby grants and conveys to Freyinger a perpetual , exclusive appurtenant easement for the benefit of the Riverroad Parcel for landscaping purposes over and across the southwesterly 9 feet of Tract D. ''Landscaping purposes" shall mean adorning or improving the land by planting and 5 - 7608R • • 082187 maintaining sod, shrubs , and/or trees , grading and sloping the land, and installing and maintaining a sprinkler system. 9 . All easements granted and conveyed herein shall run with the respective parcels of land and the terms hereof shall be binding on and inure to the benefit of the parties , their heirs , successors and assigns . Dated the day and year first written above . Klaus Freyinger Eva M. Freyinger Randall P . Olchefske Joan E. Olchefske CONSENT The undersigned hereby consents to the easements granted and conveyed by Randall P . Olchefske as set forth in the above document, pursuant to that Indenture dated August 22 , 1985 and filed as Document No . 149269 in the Registrar of Titles Office for the County of Anoka. NORTHEAST STATE BANK OF MINNEAPOLIS By Its 6 - 7608R • • 090187 STATE OF MINNESOTA) ) ss . COUNTY OF ) The foregoing instrument was acknowledged before me this day of September , 1987 by Klaus Freyinger and Eva M. Freyinger , his wife . (Notarial Seal) Notary Public STATE OF MINNESOTA) ) ss . COUNTY OF ) The foregoing instrument was acknowledged before me this day of September , 1987 by Randall P. Olchefske and Joan E. Olchefske, his wife . (Notarial Seal) Notary Public This Instrument was drafted by: Fredrikson & Byron, P .A. 1100 International Centre 900 Second Avenue South Minneapolis , MN 55402 7 - 76088 EXHIBIT A "Riverroad Parcel" PARCEL 1 : Tract A, Registered Land Survey No . 19 , according to the survey on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota . PARCEL 2 : That part of Lots 7 and 9 , Revised Auditor ' s Subdivision No . 23 , according to the map or plat thereof on file and of record in the office of the Registrar of Deeds in and for Anoka County, Minnesota, lying Southerly of the following described line: Commencing at the Northeasterly or most Northerly corner of said Lot 9 , said corner being marked by a Judicial Landmark; thence Southeasterly along the Northeasterly line of said Lot 9 , a distance of 106 . 51 feet to the actual point of beginning of the line to be described; thence Southwesterly on a line parallel with the Northwesterly line of said Lots 9 and 7 to the shore of the Mississippi River and there terminating; and lying Westerly of the Westerly right-of-way line of County State Aid Highway #1 (also known as East River Road) ; said Westerly right-of-way line is a line which is 50 feet Southwesterly and parallel with following described line: Beginning at a point on the East-West quarter line of said Section 15, Township 30 North, Range 24 West , distant 1 , 612 . 34 feet West of the East Quarter corner of said Section; thence Northwesterly at an angle of 113 degrees 18 minute (when measured from East to North) with said East-West quarter line for 900 feet and there terminating. The boundary lines of said Tract are marked by judicial landmarks set pursuant to Anoka County District Court Case No . 3083 . PARCEL 3 : Tract G, Registered Land Survey No . 19 , according to the survey on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota . 8 - 7608R 091487 RECIPROCAL EASEMENTS DECLARATION AND AGREEMENT THIS AGREEMENT made and entered this day of September, 1987, by and between Klaus Freyinger joined by Eva M. Freyinger, his wife, ( "Freyinger" ) and Randall P . Olchefske ( "Olchefske" ) joined by Joan E. Olchefske, his wife . RECITALS 1 . Freyinger is the owner of the parcel of land legally described as Tract B, Registered Land Survey No . 19 , ( "Tract B" ) and is the vendee under a contract for deed dated December 15 , 1986 relating to the parcel of land legally described as Tract C, Registered Land Survey No . 19 , ( "Tract C" ) according to the survey on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota . 2 . Freyinger is the owner of the parcel of land as legally described on Exhibit A hereto ( "Riverroad Parcel" ) . 3 . Olchefske owns a parcel of property adjacent to Tract C legally described as Tract D, Registered Land Survey No . 19 , ( "Tract D" ) according to the survey on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota . 4 . The parties to this Agreement desire to grant and convey the reciprocal easements as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual conveyances contained herein, the parties hereby agree as follows : - 1 - 7608R 0 ! 091487 AGREEMENT AND DECLARATIONS 1 . Freyinger hereby grants and conveys to Olchefske for the benefit of Tract D a perpetual , non-exclusive appurten- ant easement for driveway purposes over and across the land lying Southeasterly of a line drawn parallel with, and 8 feet Northwesterly of , the most Southeasterly line of Tract C . Olchefske hereby grants and conveys to Freyinger for the benefit of Tract C a perpetual , non-exclusive appurtenant easement for driveway purposes over and across that portion of Tract D lying Northwesterly of a straight line drawn between a point on the Northeasterly boundary of Tract D lying 7 feet Southeasterly along said Northeasterly boundary from the most Northerly corner of Tract D, and a point on the Southwesterly boundary of Tract D lying 37 feet Southeasterly along said Southwesterly boundary from the most Westerly corner of Tract D, except the Southwesterly 9 feet thereof measured at right angles to the Southwesterly boundary of Tract D . As used in this Paragraph 1 , "driveway purposes" shall mean an easement for commercial driveway purposes consisting of a one-way driveway running from the East to the West along the common boundary of Tract C and Tract D . The patrons of a certain car wash located on Tract D may use the common driveway described herein for access to a vehicle vacuuming bay on the Northwest line of the autowash building. Vehicles shall not be parked on the easements granted herein; provided, however , that 2 - 7608R . , 091487 persons operating vehicles utilizing the vacuuming bay may cause vehicular doors to enter the easement area for temporary vacuuming purposes only. Provided further , that patrons to any business on Tract C may utilize the common driveway described herein for food pick-up purposes . 2 . Olchefske hereby grants and conveys to Freyinger for the benefit of Tract B and Tract C a perpetual , non-exclu- sive appurtenant easement for driveway purposes over and across a strip of land 20 feet in width and being the Northeasterly 20 feet of the Southwesterly 29 feet of Tract D, measured at right angles to the Southwesterly boundary of Tract D . Olchefske hereby agrees and covenants promptly to perform and to pay for all costs associated with: a) moving the curb cut at the Southwest corner of Tract D to allow access from Mississippi Way to the easement granted in this paragraph; b) constructing, blacktopping and maintaining an access road upon the entire easement granted in this paragraph; c) constructing and main- taining a retaining wall adjacent to the Northeasterly boundary line of the easement granted in this paragraph; and d) con- structing and maintaining a curb cut along the Southwesterly boundary line of the easement granted in this paragraph, as shown on the Riverside Automotive Inc . , Comprehensive Landscape Plan, dated July 1 , 1987 . 3 . "Driveway purposes" as used in this Agreement , unless elsewhere defined herein, means an easement for commercial driveway purposes and it is agreed that no vehicles shall be parked on the easements granted herein. 3 - 7608R • • 091487 4 . Freyinger hereby grants and conveys to Olchefske for the benefit of Tract D a perpetual non-exclusive appur- tenant easement for employee parking purposes over the North- easterly 18 feet of the Southwesterly 27 feet of Tract C ( "Parking Space Easement" ) . The parties agree that the Parking Space Easement shall be used for motor vehicle parking spaces , each 10 feet, 0 inches in width and 18 feet in depth. Freyinger shall have the non-exclusive right to utilize the parking spaces in the Parking Space Easement when the same are not being utilized by Olchefske, his employees, heirs or assigns . The Parking Space Easement shall be used solely for the employees of Olchefske ' s car wash operation. 5 . Freyinger hereby grants and conveys to Olchefske for the benefit of Tract D a perpetual , non-exclusive appurten- ant easement for access to and from the Parking Space Easement over and across the Northeasterly 25 feet of the Southwesterly 52 feet of Tract C ( ''Parking Space Access Easement'' ) . Freyinger shall have sole discretion and right to relocate the Parking Space Easement and the Parking Space Access Easement anywhere on Tract B or Tract C, so long as Freyinger continues to provide a minimum of seven parking spaces for the Parking Space Easement and access thereto . Olchefske agrees to execute, upon demand, the necessary documents reflecting the relocation of the Parking Space Easement and Parking Space Access Easement, if any relocation is made . - 4 - 7608R • , 091487 6 . As consideration for the Parking Space Easement and the Parking Space Access Easement , Olchefske agrees and covenants, for himself and his heirs and assigns of Tract D, to perform snow-plowing services as necessary to keep Tract C and the parking and driveway areas thereon free of ice, snow and debris and to keep the Easterly landscaped areas of Tract C regularly mowed and in a neat and clean condition; provided, however, that Olchefske agrees , for himself , and his heirs and assigns of Tract D to perform snow-plowing services as herein expressed on Tract B, if the Parking Space Easement is relocated to Tract B; provided further , that if Olchefske, his heirs and assigns fail to perform such work, Freyinger may instead perform such work and charge Olchefske the cost of providing such services , and Olchefske shall be obligated to pay such costs to Freyinger within 30 days after notice of the amount thereof . 7 . Olchefske hereby agrees and covenants to pay all costs and expenses of relocating the water line serving proper- ties owned by Freyinger and now running through the water ease- ment to which Tract D is subject if , as a result of the expan- sion of Olchefske ' s car wash operation, relocation of the water easement becomes necessary. 8 . Olchefske hereby grants and conveys to Freyinger a perpetual , exclusive appurtenant easement for the benefit of the Riverroad Parcel for landscaping purposes over and across the southwesterly 9 feet of Tract D ( "Landscaping Easement" ) . ''Landscaping purposes" shall mean adorning or improving the 5 - 7608R • . 091487 land by planting and maintaining sod, shrubs , and/or trees , grading and sloping the land, and installing and maintaining a sprinkler system. 9 . As consideration for the Landscaping Easement , Freyinger agrees and covenants , for himself and his heirs and assigns of Tract C, to adorn or improve the land by planting and maintaining sod, shrubs , and/or trees , grading and sloping the land, and installing and maintaining a sprinkling system, and regularly mowing the land, if necessary, to keep same in a neat and clean condition; provided further , that if Freyinger , his heirs and assigns fail to perform such work, Olchefske may instead perform such work and charge Freyinger the cost of providing same, and Freyinger shall be obligated to pay such costs to Olchesfske within 30 days after notice of the amount thereof . 10 . All easements granted and conveyed herein shall run with the respective parcels of land and the terms hereof shall be binding on and inure to the benefit of the parties , their heirs , successors and assigns . Dated the day and year first written above . Maus Freyinger Eva M. Freyinger Randall P . Olchefske Joan E . Olchefske 6 - 76088 • • 091487 CONSENT The undersigned hereby consents to the easements granted and conveyed by Randall P . Olchefske as set forth in the above document , pursuant to that Indenture dated August 22, 1985 and filed as Document No . 149269 in the Registrar of Titles Office for the County of Anoka . NORTHEAST STATE BANK OF MINNEAPOLIS By Its STATE OF MINNESOTA) ) ss . COUNTY OF ) The foregoing instrument was acknowledged before me this day of September , 1987 by Klaus Freyinger and Eva M. Freyinger , his wife . (Notarial Seal) Notary Public STATE OF MINNESOTA) ) ss . COUNTY OF ) The foregoing instrument was acknowledged before me this day of September , 1987 by Randall P . Olchefske and Joan E . Olchefske, his wife . (Notarial Seal ) Notary Public This Instrument was drafted by: Fredrikson & Byron, P .A. 1100 International Centre 900 Second Avenue South Minneapolis, MN 55402 7 - 7608R • 091487 EXHIBIT A "Riverroad Parcel" PARCEL 1 : Tract A, Registered Land Survey No . 19 , according to the survey on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota . PARCEL 2 : That part of Lots 7 and 9 , Revised Auditor 's Subdivision No . 23 , according to the map or plat thereof on file and of record in the office of the Registrar of Deeds in and for Anoka County, Minnesota, lying Southerly of the following described line: Commencing at the Northeasterly or most Northerly corner of said Lot 9 , said corner being marked by a Judicial Landmark; thence Southeasterly along the Northeasterly line of said Lot 9 , a distance of 106 . 51 feet to the actual point of beginning of the line to be described; thence Southwesterly on a line parallel with the Northwesterly line of said Lots 9 and 7 to the shore of the Mississippi River and there terminating; and lying Westerly of the Westerly right-of-way line of County State Aid Highway #1 (also known as East River Road) ; said Westerly right-of-way line is a line which is 50 feet Southwesterly and parallel with following described line : Beginning at a point on the East-West quarter line of said Section 15 , Township 30 North, Range 24 West , distant 1 , 612 . 34 feet West of the East Quarter corner of said Section; thence Northwesterly -at an angle of 113 degrees 18 minute (when measured from East to North) with said East-nest quarter lire for 900 feet and there terminating . The boundary lines of said Tract are marked by judicial landmarks set pursuant to Anoka County District Court Case No . 3083 . PARCEL 3 : Tract G, Registered Land Survey No . 19 , according to the survey on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota . - 8 - 7608R 1 Ir � 091487 RECIPROCAL EASEMENTS DECLARATION AND AGREEMENT THIS AGREEMENT made and entered this day of September , 1987 , by and between Klaus Freyinger joined by Eva M. Freyinger , his wife, ( "Freyinger" ) and Randall P . .Olchefske ( "Olchefske" ) joined by Joan E. Olchefske, his wife . RECITALS 1 . Freyinger is the owner of the parcel of land legally described as Tract B, Registered Land Survey No . 19 , ( "Tract B" ) and is the vendee under a contract for deed dated December 15 , 1986 relating to the parcel of land legally described as Tract C, Registered Land Survey No . 19 , ( "Tract C" ) according to the survey on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota . 2 . Freyinger is the owner of the parcel of land as legally described on Exhibit A hereto ( "Riverroad Parcel" ) . 3 . Oichefske owns a parcel of property adjacent to Tract C legally described as Tract D, Registered Land Survey No . 19 , ( "Tract D" ) according to the survey on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota . 4 . The parties to this Agreement desire to grant and convey the reciprocal easements as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual conveyances contained herein, the parties hereby agree as follows : - 1 - 7608R s t . � �" ,. 'l JO 091487 AGREEMENT AND DECLARATIONS 1 . Freyinger hereby grants and conveys to Olchefske for the benefit of Tract D a perpetual , non-exclusive appurten- ant easement for driveway purposes over and across the land lying Southeasterly of a line drawn parallel with, and-8 feet Northwesterly of , the most Southeasterly line of Tract C . Olchefske hereby grants and conveys to Freyinger for the benefit of Tract C a perpetual , non-exclusive appurtenant easement for driveway purposes over and across that portion of Tract D lying Northwesterly of a straight line drawn between a point on the Northeasterly boundary of Tract D lying 7 feet Southeasterly along said Northeasterly boundary from the most Northerly corner of Tract D, and a point on the Southwesterly boundary of Tract D lying 37 feet Southeasterly along said Southwesterly boundary from the most Westerly corner of Tract D, except the Southwesterly 9 feet thereof measured at right angles to the Southwesterly boundary of Tract D . As used in this Paragraph 1 , 'driveway purposes" shall mean an easement for commercial driveway purposes consisting of a one-way driveway running from the East to the West along the common boundary of Tract C and Tract D . The patrons of a certain car wash located on Tract D may use the common driveway described herein for access to a vehicle vacuuming bay on the Northwest line of the autowash building. Vehicles shall not be parked on the easements granted herein; provided, however , that 2 - 7608R r r • � 091487 persons operating vehicles utilizing the vacuuming bay may cause vehicular doors to enter the easement area for temporary vacuuming purposes only. Provided further , that patrons to any business on Tract C may utilize the common driveway described herein for food pick-up purposes . ' 2 . Olchefske hereby grants and conveys to Freyinger for the benefit of Tract B and Tract C a perpetual , non-exclu- sive appurtenant easement for driveway purposes over and across a strip of land 20 feet in width and being the Northeasterly 20 feet of the Southwesterly 29 feet of Tract D, measured at right angles to the Southwesterly boundary of Tract D . Olchefske hereby agrees and covenants promptly to perform and to pay for all costs associated with: a) moving the curb cut at the Southwest corner of Tract D to allow access from Mississippi Way to the easement granted in this paragraph; b) constructing, blacktopping and maintaining an access road upon the entire easement granted in this paragraph; c) constructing and main- taining a retaining wall adjacent to the Northeasterly boundary line of the easement granted in this paragraph; and d) con- structing and maintaining a curb cut along the Southwesterly boundary line of the easement granted in this paragraph, as shown on the Riverside Automotive Inc . , Comprehensive Landscape Plan, dated July 1 , 1987 . 3 . "Driveway purposes" as used in this Agreement , unless elsewhere defined herein, means an easement for commercial driveway purposes and 'it is agreed that no vehicles shall be parked on the easements granted herein. - 3 - 7608R • 0 091487 4 . Freyinger hereby grants and conveys to Olchefske for the benefit of Tract D a perpetual non-exclusive appur- tenant easement for employee parking purposes over the North- easterly 18 feet of the Southwesterly 27 feet of Tract C ( "Parking Space Easement" ) . The parties agree that the Parking Space Easement shall be used for motor vehicle parking spaces , each 10 feet , 0 inches in width and 18 feet in depth. Freyinger shall have the non-exclusive right to utilize the parking spaces in the Parking Space Easement when the same are not being utilized by Olchefske, his employees , heirs or assigns . The Parking Space Easement shall be used solely for the employees of Olchefske ' s car wash operation . 5 . Freyinger hereby grants and conveys to Olchefske for the benefit of Tract D a perpetual , non-exclusive appurten- ant easement for access to and from the Parking Space Easement over and across the Northeasterly 25 feet of the Southwesterly 52 feet of Tract C ( "Parking Space Access Easement" ) . Freyinger shall have sole discretion and right to relocate the Parking Space Easement and the Parking Space Access Easement anywhere on Tract B or Tract C, so long as Freyinger continues to provide a minimum of seven parking spaces for the Parking Space Easement and access thereto . Olchefske agrees to execute, upon demand, the necessary documents reflecting the relocation of the Parking Space Easement and Parking Space Access Easement , if any relocation is made . 4 - 7608R • � 091487 6 . As consideration for the Parking Space Easement and the Parking Space Access Easement , Olchefske agrees and covenants , for himself and his heirs and assigns of Tract D, to perform snow-plowing services as necessary to keep Tract C and the parking and driveway areas thereon free of ice, snow and debris and to keep the Easterly landscaped areas of Tract C regularly mowed and in a neat and clean condition; provided, however , that Olchefske agrees , for himself , and his heirs and assigns of Tract D to perform snow-plowing services as herein expressed on Tract B, if the Parking Space Easement is relocated to Tract B; provided further , that if Olchefske, his heirs and assigns fail to perform such work, Freyinger may instead perform such work and charge Olchefske the cost of providing such services , and Olchefske shall be obligated to pay such costs to Freyinger within 30 days after notice of the amount thereof . 7 . Olchefske hereby agrees and covenants to pay all costs and expenses of relocating the water line serving proper- ties owned by Freyinger and now running through the water ease- ment to which Tract D is subject if , as a result of the expan- sion of Olchefske ' s car wash operation, relocation of the water easement becomes necessary. 8 . Olchefske hereby grants and conveys to Freyinger a perpetual , exclusive appurtenant easement for the benefit of the Riverroad Parcel for landscaping purposes over and across the southwesterly 9 feet of Tract D ( "Landscaping Easement" ) . ''Landscaping purposes'' shall mean adorning or improving the 5 - 7608R 091487 land by planting and maintaining sod, shrubs , and/or trees , grading and sloping the land, and installing and maintaining a sprinkler system. 9 . As consideration for the Landscaping Easement , Freyinger agrees and covenants , for himself and his heirs and assigns of Tract C, to adorn or improve the land by planting and maintaining sod, shrubs , and/or trees , grading and sloping the land, and installing and maintaining a sprinkling system, and regularly mowing the land, if necessary, to keep same in a neat and clean condition; provided further , that if Freyinger , his heirs and assigns fail to perform such work, Olchefske may instead perform such work and charge Freyinger the cost of providing same, and Freyinger shall be obligated to pay such costs to Olchesfske within 30 days after notice of the amount thereof . 10 . A11 easements granted and conveyed herein shall run with the respective parcels of land and the terms hereof shall be binding on and inure to the benefit of the parties , their heirs , successors and assigns . Dated the day and year first written above . I li ill us -F-r' ' f " / LA, Eva M. Fre ,inge� Randall P . Olchefske lec ban E . Olchefske 6 - �508� • � 091487 CONSENT The undersigned hereby consents to the easements granted and conveyed by Randall P . Olchefske as set forth in the above document , pursuant to that Indenture dated August 22 , 1985 and filed as Document No . 149269 in the Registrar of Titles Office for the County of Anoka . NORTHEAST STATE BANK OF , MINNEAPOLIS By . �. Its ✓r - STATE OF MINNESOTA) ) ss . COUNTY OF k1 wJ ) The foregoing instrument was acknowledged before me this -30 day of September , 1987 by Klaus Freyinger and Eva M. Freyinger , his wife. No C�12, j_ _" BRIAN G. FO7MINNESOTA Notary Publi 1► NOTARY PUBLIC—HENNEPIN;:nnission Exp STATE OF MINNESOTA) ) ss . COUNTY OF �A _) The foregoing instrument was acknowledged before me thisday of September , 1987 by Randall P . Olchefske and Joan E . Olchefske, his wife . (Notarial Seal) �`-` - Notary Public x _ � t''� ��•. CATHERINE A. MILLER NOTARY PUBLIC—MINNESOTA ANOKA COUNTY My Commission Expires Nov.8. 1990 x � This Instrument was drafted by: Fredrikson & Byron, P .A. 1100 International Centre 900 Second Avenue South Minneapolis , MN 55402 7 - 76O8R 091487 EXHIBIT A "Riverroad Parcel" PARCEL 1 : Tract A, Registered Land Survey No . 19 , according to the survey on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota . PARCEL 2 : That part of Lots 7 and 9 , Revised Auditor ' s Subdivision No . 23 , according to the map or plat thereof on file and of record in the office of the Registrar of Deeds in and for Anoka County, Minnesota, lying Southerly of the following described line: Commencing at the Northeasterly or most Northerly corner of said Lot 9 , said corner being marked by a Judicial Landmark; thence Southeasterly along the Northeasterly line of said Lot 9 , a distance of 106 . 51 feet to the actual point of beginning of the line to be described; thence Southwesterly on a line parallel with the Northwesterly line of said Lots 9 and 7 to the shore of the Mississippi River and there terminating; and lying Westerly of the Westerly right-of-way line of County State Aid Highway #1 (also known as East River Road) ; said Westerly right-of-way line is a line which is 50 feet Southwesterly and parallel with following described line : Beginning at a point on the East-West quarter line of said Section 15 , Township 30 North, Range 24 West , distant 1 , 612 . 34 feet West of the East Quarter corner of said Section; thence Northwesterly -at an angle of 113 degrees 18 minute (when measured from East to North) with said East-West quarter lire for 900 feet and there terminating . The boundary lines of said Tract are marked by judicial landmarks set pursuant to Anoka County District Court Case No . 3083 . PARCEL 3 : Tract G, Registered Land Survey No . 19 , according to the survey on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota . - 8 - 7608R AGREEMENT The undersigned hereby agrees to the easements granted and conveyed as set forth in the above document, as contract vendors under a contract for deed dated December 15, 1986 relating to the parcel of land legally described as : Tract C, Registered Land Survey No . 19 , according to the survey �on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota. Richard Wise Stephen S . Day STATE OF MINNESOTA ) ss . COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 30th day of September , 1987 by Richard Wise. (Notarial Seal) Notary Public STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 30th day of September , 1987 by Stephen S . Day. (Notarial Seal) Notary Public This instrument was drafted by: Fredrikson & Byron, P.A. 1100 International Center 900 Second Avenue South Minneapolis, Minnesota 55402 8 — FREDRIKSON & BYRON A PROFESSIONAL ASSOCIATION RECEIPT Received this 21st day of October , 1987 , Owner ' s Duplicate Certificate of Title No. from Klaus Freyinger on behalf of Randell Paul Olchefske. _1y T w 40 , RESTRICTIVE COVENANTS This Agreement is entered into this U .11,51day of December , 1987 by and between KLAUS FREYINGER ( "Owner" ) , joined by EVA M. FREYINGER, his wife, and the CITY OF FRIDLEY (the "City) . WHEREAS, the Owner is vendee under a contract for deed dated December 15, 1986 relating to the parcel of land located at 6540 East River Road in the City Fridley, County of Anoka, which is legally described as follows to-wit : Tract C Registered Land Survey #19 according to the survey on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota which property is described as the "Subject Property" herein, and WHEREAS, the Owner has requested the City to rezone the Subject Property from a C-1 District to a C-2 District, and WHEREAS, the City is willing to grant the rezoning subject to the agreement by the Owner not to allow certain uses to occur on the subject property which would normally be permitted under a C-2 District . THEREFORE, IT IS HEREBY AGREED by and between the parties as follows : 1 . That the Owner agrees that the Subject Property will not be used for the selling or displaying of new and/or used motor vehicles including but not limited to motorcycles , snowmobiles, automobiles, trucks recreational vehicles , and all terrain vehicles; automotive repair or service including the dispensing of gasoline products , a liquor store, bar and/or tavern. Notwithstanding these restrictions a restaurant serving wine and/or beer will be permitted. 2 . These restrictive covenants run to the benefit of the City and in the event of a breach of these restrictive covenants the City shall have standing to enforce the terms of this Agreement . 3 . This agreement shall be binding upon the heirs and successors in interest to the Subject Property. 4 . The terms of this agreement shall expire on September 1 , 2027 unless terminated earlier by the mutual agreement of the City and the then current fee owner of the underlying subject real property. - 1 - 8639R a S This agreement is entered into the first day written above between the parties set forth above. r THE CITY OF FRIDLEY Byn ��%�- Its City Manager By s Mayo / Kla e cher Q AL, Eva M. Freyi Vert G STATE OF MINNESOTA) ) ss . COUNTY OF ANOKA ) The foregoir}}g instrument was acknowledged before me this day of 1987 , by Nasim Qureshi , the City Manager of the City of Fridley, Minnesota, a public body and Corporate politic under the laws of Minnesota . XAA 1�n 1/,,%/,vAAMu WALTER J. MULCAHY NOTARY PUPLIC-t;ittRESOTA ; . RAMSEY COUNTY My Commission Expires Oct.07,1988 ` x r•.. STATE OF MINNESOTA ss . COUNTY OF ANOKA ) Toe foregoing instrument was acknowledged before me this W: day of 1987, by William Nee, the Mayor of the City of Fridley, Minnesota, a public body and Corporate politic under the laws of Minnesota. X �nnn tin titiv nnnMn / t. WALTER .1, rr1ULCAHY 1 E NOTARY F.'PUC—MIt!IE4OTA RAMSEY COUNTY MyCommission Expires Oct.07,1988 # VV"Nwvvvwwg 2 _ 8639R STATE OF MINNESOTA) ) ss . COUNTY OF HENNEPIN) p1 The foregoing instrument was acknowledged before me this day of December , 1987 , by Klaus Freyinger and Eva M. Freyinger, husband and wife . THIS INSTRUMENT WAS DRAFTED BY: FREDRIKSON & BYRON, P.A. 1100 International Centre J00VL, MWEN 900 Second Avenue Southwwwac—wnTa Minneapolis , Minnesota 55402 I`MEPINCOUNTY our 4 M�1�Moe awr"Oct ! I — 3 — 8639R RESTRICTIVE COVENANTS This Agreement is entered into this day of , 1987 by and between KLAUS C. FREYINGER and EVA FREYINGER, husband and wife (the "Owner" ) and the CITY OF FRIDLEY ( the "City" ) . WHEREAS, the Owner is the fee owner of certain commerical property located at 6540 East River Road in the City Fridley, County of Anoka, which is legally described as follows to-wit: Tract B Registered Land Survey #19 Certificate Number 51480 which property is described as the "Subject Property" herein, and WHEREAS, the Owner has requested the City to rezone the Sub- ject Property from a C-1 District to a C-2 District, and WHEREAS, the City is willing to grant the rezoning subject to the agreement by the Owner not to allow certain uses to occur on the subject property which would normally be permitted under a C-2 District. THEREFORE, IT IS HEREBY AGREED by and between the parties as follows: 1. That the Owner agrees that the Subject Property will not be used for the selling or displaying of new and/or used motor vehicles including but not limited to motorcycles , snowmobiles, automobiles , trucks, recreational vehicles, and all terrain -v`hicles; automotive repair or service including the dispensing of gasoline products, a liquor store, bar and/or tavern. Notwithstanding these restrictions a restaurant serving wine and/or beer will be permitted. 2 . These restrictive covenants run to the benefit of the City and in the event of a breach of these restrictive cove- nants the City shall have standing to enforce the terms of this agreement. 3 . This agreement shall be binding upon the heirs and suc- cessors in interest to the subject property. 4 . The terms of this agreement shall expire on September 1, 2027 unless terminated earlier by the mutual agreement of the City and the then current fee owner of the underlying subject real property. This agreement is entered into this day of , 1987 between the parties set forth above. THE CITY OF FRIDLEY BY r \ Its City Manager BY M K//lau' C. ger Eva reying r STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 1987 , by Nasim Qureshi , the City Manager of the City of Fridley, Minnesota, a public body and Corporate politic under the laws of Minnesota. WALTER J. Ml1LCF,!1Y RAMSi s CLA, :TY f my Commission ExpiresLct.07, 1tVWWWVWWVVVWVVVVyVVVVVVWVVWX STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoirig instrument was acknowledged before me this day of rcJ`- , 1987 , by William Nee, the Mayor of the City of Fridley, Minnesota, a public body and Corporate politic under the laws of Minnesota. XAAA/VVVIAANN.&'%A&MAAAnMAAlvL1Mi�11 �* WAL-f f_R J. MULCAHY �' v x NGTi,Y RiUe9SEY COUNTY M Y Commission Expires Oct.07,1988 WVVVVVWVVVVVWVWVVVVVVVWVWVVVW4 P STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoin instrument was acknowledged before me this I day of �,, ,. 1 , 19843, by Klaus C. Freyinger and Eva Freyinger, husba{1�t1 and Fife. -r` BONNIE NW. Public-MinnesoN *--. F�ennepin County tiK r My Commission EXOM July 221991 THIS INSTRUMENT WAS DRAFTED BY: HERRICK & NEWMAN, P.A. 6401 University Avenue Northeast Suite 205 Fridley, MN 55432 RESTRICTIVE COVENANTS This Agreement is entered into this ;!/ day of &Utd 1987 by and between KLAUS C. FREYINGER ( the "Owner" ) and the CITY OF FRIDLEY (the "City" ) . WHEREAS, the Owner is the fee owner of certain commerical property located at 6540 East River Road in the City Fridley, County of Anoka, which is legally described as follows to-wit: Tract B Registered Land Survey #19 Certificate Number 51480 which property is described as the "Subject Property" herein, and WHEREAS, the Owner has requested the City to rezone the Sub- ject Property from a C-1 District to a C-2 District, and WHEREAS, the City is willing to grant the rezoning subject to the agreement by the Owner not to allow certain uses to occur on the subject property which would normally be permitted under a C-2 District. THEREFORE, IT IS HEREBY AGREED by and between the parties as follows: 1. That the Owner agrees that the Subject Property will not be used for the selling or displaying of new and/or used motor vehicles including but not limited to motorcycles, snowmobiles, automobiles, trucks, recreational vehicles, and all terrain vehicles; automotive repair or service including the dispensing of gasoline products , a liquor store, bar and/or tavern. Notwithstanding these restrictions a restaurant serving wine and/or beer will be permitted. 2 . These restrictive covenants run to the benefit of the City and in the event of a breach of these restrictive cove- nants the City shall have standing to enforce the terms of this agreement. 3 . This agreement shall be binding upon the heirs and suc- cessors in interest to the subject property. 4 . The terms of this agreement shall expire on September 1, 2027 unless terminated earlier by the mutual agreement of the City and the then current fee owner of the underlying subject real property. This agreement is entered into this day of ► 1987 between the parties set forth above. THE CITY OF FRIDLEY BY *usvC.tyFrtJ; iWevi Manager STATE OF MINNESOTA ) > ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1987, by Nasim Qureshi , the City Manager of the City of Fridley, Minnesota, a public body and Corporate politic under the laws of Minnesota. STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1987 , by William Nee, the Mayor of the City of Fridley, Minnesota, a public body and Corporate politic under the laws of Minnesota. 0 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this r _ day of , 1987, by Klaus C. Freyinger. BRIAN G. FORMELLA J! NOTARY PUBLIC—MINN�^OT: HENNEPIN CC ;;•' MY Commission Expirc�Air , THIS INSTRUMENT WAS DRAFTED BY: HERRICK & NEWMAN, P.A. 6401 University Avenue Northeast Suite 205 Fridley, MN 55432 a YF OM IL >' 4a RESTRICTIVE COVENANTS This Agreement is entered into this /8 day of 1988 by and between KLAUS C. FREYINGER and EVA MARIE FREYINGER, husband and wife (the "Owner" ) and the CITY OF FRIDLEY (the "City" ) . WHEREAS, the Owner is the fee owner of certain commercial property located at 6540 East River Road in the City Fridley, County of Anoka, which is legally described as follows to-wit : Tract B Registered Land Survey #19 Certificate Number 51480 which property is described as the "Subject Property" herein, e and WHEREAS, the Owner has requested the City to rezone the Subject Property from a C-1 District to a C-2 District, and WHEREAS, the City is willing to grant the rezoning subject to the agreement by the Owner not to allow certain uses to occur on the subject property which would normally be permitted under a C-2 District . THEREFORE, IT IS HEREBY AGREED by and between the parties as follows : 1 . That the Owner agrees that the Subject Property will not be used for the selling or displaying of new and/or used motor vehicles including but not limited to motorcycles , snowmobiles, automobiles, trucks , recreational vehicles , and all terrain vehicles; automotive repair or service including the dispensing of gasoline products , 'a liquor store, bar and/or tavern. Notwithstanding these restrictions a restaurant serving wine and/or beer will be permitted. 2 . These restrictive covenants run to the benefit of the City and in the event of a breach of these restrictive covenants the City shall have standing to enforce the terms of this agreement . 3 . This agreement shall be binding upon the heirs and successors in interest to the subject property. 4 . The terms of this agreement shall expire on September 1 , 2027 unless terminated earlier by the mutual agreement of the City and the then current fee owner of the underlying subject real property. Thi agreement is entered into this �� day of i` C>G� 1988 between the parties set forth above . THE CITY OF FRIDLEY BY I Its i y anager BY s May if Klaus C. r Tiger ,- Eva Marie Freyinger STATE OF MINNESOTA) ) ss . COUNTY OF ANOKA ) 7e forego,�g instrument was acknowledged before me this �� T�day of ,' /��G'�'S7- , 1988, by Nasim M. Qureshi , the City Manager of the City of Fridley, Minnesota, a public body and Corporate politic under the laws of Minnesota. Z ,- ••., CLYDE V. MORAVETZ '' iZ i� OTARYPUSL!C �"•"-Tr:OTA ANOKA r.:y Ccr-...,.: v ,o• CLYDE V. MORAVM NOTARY PUBLIC.MINNESOTA ANOKA COUNTY My Canon Up.Jan.24.1984 STATE OF MINNESOTA ) ) ss . COUNTY OF ANOKA ) / T�e forego' g instrument was acknowledged before me this / in day of I-06uS 1988 , by William J. Nee, the Mayor of the City o Fridley, Minnesota, a public body and Corporate DO1. 1tic under the laws of Minnesota. CLYDE V. MORAVETZ ~ NOTARY PUBLIC-MINNESOTA / ANOKA COUNTY MY Comr.L Exp.J��.24.1994 STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The foregoing i strument was acknowledged before me this /Y day of , 1988 , by Klaus C. Freyinger and Eva Marie F eyinger , husband and wife. �5 THIS INSTRUMENT WAS DRAFTED BY: (/G/ FREDRIKSON & BYRON, P .A. S7 ' 1100 International Centre 900 Second Avenue South Minneapolis , Minnesota 55487 0053r RESTRICTIVE COVENANTS This Agreement is entered into this day of , 1987 by and between RICHARD D. WISE and STEPHAN S. DAY (the "Owner" ) and the CITY OF FRIDLEY (the "City" ) . WHEREAS, the Owner is the fee owner of certain commerical property located at 6540 East River Road in the City Fridley, County of Anoka, which is legally described as follows to-wit: Tract C Registered Land Survey #19 Certificate Number 59561 which property is described as the "Subject Property" herein, and WHEREAS, the Owner has requested the City to rezone the Sub- ject Property from a C-1 District to a C-2 District, and WHEREAS, the City is willing to grant the rezoning subject to the agreement by the Owner not to allow certain uses to occur on the subject property which would normally be permitted under a C-2 District. THEREFORE, IT IS HEREBY AGREED by and between the parties as follows: 1 . That the Owner agrees that the Subject Property will not be used for the selling or displaying of new and/or used motor vehicles including but not limited to motorcycles, snowmobiles, automobiles, trucks, recreational vehicles, and all terrain vehicles; automotive repair or service including the dispensing of gasoline products, a liquor store, bar and/or tavern. Notwithstanding these restrictions a restaurant serving wine and/or beer will be permitted. 2. These restrictive covenants run to the benefit of the City and in the event of a breach of these restrictive cove- nants the City shall have standing to enforce the terms of this agreement. 3 . This agreement shall be binding upon the heirs and suc- cessors in interest to the subject property. 4 . The terms of this agreement shall expire on September 1, 2027 unless terminated earlier by the mutual agreement of the City and the then current fee owner of the underlying subject real property. This agreement is entered into this day of , 1987 between the parties set forth above. THE CITY OF FRIDLEY BY Its City Manager BY Its Mayor Richard D. Wise Stephan S. Day STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1987, by Nasim Qureshi , the City Manager of the City of Fridley, Minnesota, a public body and Corporate politic under the laws of Minnesota. STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1987 , by William Nee, the Mayor of the City of Fridley, Minnesota, a public body and Corporate politic under the laws of Minnesota. STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 1987, by Richard D. Wise. STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1987, by Stephan S. Day. THIS INSTRUMENT WAS DRAFTED BY: HERRICK & NEWMAN, P.A. 6401 University Avenue Northeast Suite 205 Fridley, MN 55432 r • 4 . The terms of this agreement shall expire on September 1, 2027 unless terminated earlier by the mutual agreement of the City and the then current fee owner of the underlying subject real property. This agreement is entered into this day of September, 1987 between the parties set forth above. THE CITY OF FRIDLEY BY Its City Manager BY Its Mayor Randall Olchefske STATE OF MINNESOTA ) ss . COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1987, by Nasim Qureshi, the City Manager of the City of Fridley, Minnesota, a public body and Corporate politic under the laws of Minnesota. STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1987 , by William Nee, the Mayor of the City of Fridley, Minnesota, a public body and Corporate politic under the laws of Minnesota. r - • STATE OF MINNESOTA ) ) ss . COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 1987, by Randall Olchefske. THIS INSTRUMENT WAS DRAFTED BY: HERRICK & NEWMAN, P.A. 6401 University Avenue Northeast Suite 205 Fridley, MN 55432 A t'l RESTRICTIVE COVENANTS This Agreement is entered into this day of , 1987 by and between KLAUS C. FREYINGER (the "Owner" ) and the CITY OF FRIDLEY (the "City" ) . WHEREAS, the Owner is the fee owner of certain commerical property located at 6540 East River Road in the City Fridley, County of Anoka, which is legally described as follows to-wit: Tract B Registered Land Survey #19 Certificate Number 51480 which property is described as the "Subject Property" herein, and WHEREAS, the Owner has requested the City to rezone the Sub- ject Property from a C-1 District to a C-2 District, and WHEREAS, the City is willing to grant the rezoning subject to the agreement by the Owner not to allow certain uses to occur on the subject property which would normally be permitted under a C-2 District. THEREFORE, IT IS HEREBY AGREED by and between the parties as follows: 1. That the Owner agrees that the Subject Property will not be used for the selling or displaying of new and/or used motor vehicles including but not limited to motorcycles, snowmobiles, automobiles, trucks, recreational vehicles, and all terrain vehicles; automotive repair or service including the dispensing of gasoline products, a liquor store, bar and/or tavern. Notwithstanding these restrictions a restaurant serving wine and/or beer will be permitted. 2 . These restrictive covenants run to the benefit of the City and in the event of a breach of these restrictive cove- nants the City shall have standing to enforce the terms of this agreement. 3 . This agreement shall be binding upon the heirs and suc- cessors in interest to the subject property. r 4 . The terms of this agreement shall expire on September 1, 2027 unless terminated earlier by the mutual agreement of the City and the then current fee owner of the underlying subject real property. This agreement is entered into this day of 1987 between the parties set forth above. THE CITY OF FRIDLEY BY Its City Manager BY Its Mayor Klaus C. Freyinger STATE OF MINNESOTA ) ss . COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1987 , by Nasim Qureshi , the City Manager of the City of Fridley, Minnesota, a public body and Corporate politic under the laws of Minnesota. STATE OF MINNESOTA ) ) ss . COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1987 , by William Nee, the Mayor of the City of Fridley, Minnesota, a public body and Corporate politic under the laws of Minnesota. STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1987, by Klaus C. Freyinger. THIS INSTRUMENT WAS DRAFTED BY: HERRICK & NEWMAN, P.A. 6401 University Avenue Northeast Suite 205 Fridley, MN 55432 radffiw PW C11YOF FMDLLY CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE{612)571-3450 CITY COUNCIL ACTION TAKEN NOTICE August 4, 1987 Randall O1 chef ske 6520 East River Road N.E. Fridley MQ 554.32 On July 20, 1987 the Fridley City Council officially approved your request for a Special Use Permit, SP #87-15, to allow a motor vehicle fuel and oil dispensing service and a car wash in a C-1 (Local Business) zone on Tract D, Registered Land Survey No. 19, the same being 6520 East River Road N.E. with the following stipulations: 1. Owner agrees to manage the car wash operation in such a way as to not require more parking than is available on site and on joint parking easement on Tract C. In the event of a shortage, parallel parking may be required on the north side of the building. 2. SP #87-15 is contingent upon compliance with all stipulations outlined in the rezoning petition ZOA #87-03. 3. It is understood by the City and the petitioner that SP #87-15 is valid under the proposed C-2 zoning classification. 4. Driveway on East River Road to be designated and signed as an exit only and (most easterly) driveway on Mississippi Street to be signed as an entrance. 5. Special Use Permit, SP #87-15, (especially parking and access situation) to be reviewed by staff in nine months. 6. Petitioner to provide a new private easement for the water line and pay all costs associated with the relocation of this line. If you have any questions regarding the above action, please call the Planning Depertment at 571-3450. Sincerely, James L. Robinson Planning Coordinator JLR/dm � ' - 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 CI1Y OF FRIDLLY CIVIC CENTER • 6431 UNIVERSITY AVE. � V@ ,MINNESOTA 55432 • PHONE(612)571-3450 ACTION TAKEN LNOTICE Randall Olchef ske September 25, 1987 6520 East River Road N.E. Fridley, MV 55432 On September 14, 987 the Fridley City Council officially approved your request for a Rezoning, ZOA #87-03, to rezone from C-1 (Local Business) to C-2 (General Business) on Tract B, C and D, Registered Land Survey No. 19, the same being 6520, 6530 and 6536 East River Road with the following stipulations: 1. Petitioner agrees to refurbish westerly addition to carwash by adding roof equipment screening and refinishing facade (roof screening details by owner-approved by staff) . Work to be completed prior to occupancy of proposed addition. 2. Proposed easterly facing overhead doors to be color clad or painted. 3. Petitioner agrees to provide a masonry dumpster enclosure with opaque gate prior to occupancy of proposed addition. 4. Petitioner agrees to install landscaping and provide automatic sprinkling as per city plan dated 7/01/87 on Tract D (except along west edge) prior to occupancy of proposed addition. 5. Petitioner agrees to make parking lot driveway improvements including shifting of westerly drive five feet east, and new curbing, blacktopping and retaining wall as indicated on City plan dated 7/01/87 prior to occupancy of proposed addition. Driveway and retaining wall details by owner prior to building permits. 6. Petitioner agrees to execute joint driveway and planting easements (content approved by staff) frau Tract D to Tract C prior to publication of ordinance. 7. Petitioner agrees to execute a restrictive covenant agreement stating that land uses under proposed C-2 (General Business) zoning classification for Tract D, Registered Land Survey No. 19 is limited to all land uses provided for in the C-1 (Local Business) section of the Fridley Zoning Code plus fuel dispensing and car wash uses will be considered as permitted uses. t . Randall Olchefske September 25, 1987 Page 2 If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincer y, aures L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by October 8, 1987. Concur with action taken City of Fridley ORDINANCE NO.895 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1.Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Tract B,C and D, Registered Land Survey No. 19,the same being 6520, 6530 and 6536 East River Road N.E. Is hereby designated to be in the Zoned District known as C 2 (Gen- eral Business), subject to stipula tions adopted at City Council meet- ing of September 14,1987. SECTION 3. That the Zoning Ad ministrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned Dis trict C-1 (Local Business) to C-2 (General Business). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF Sep- tember,1987. WILLIAM J.NEE MAYOR ATTEST: SHIRLEY A. HAAPALA-CITY CLERK Public Hearing:August 3,1987 First Reading:August 24,1987 Second Reading:September 14,1987 Publish:June 14,1989 5/7/4/1 (Published in Fridley Focus June 14,1989.) ORDINANCE NO. 895 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CAAIUE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Tract B, C and D, Registered Lana Survey No. 19, the same being 6520, 6530 and 6536 East River Road N.E. Is hereby designated to be in the Zoned District known as C-2 (General Business) , subject to stipulations adopted at City Council meeting of September 14, 1987. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-1 (Local Business) to C-2 (General Business) . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF SEPIUIBER, 1987. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: August 3, 1987 First Reading: AUGUST 24, 1987 Secona Reading: September 14, 1987 Publish: Septarber 23, 1987 5/7/4/1 D-160 9 r %WUNCE NO. 895 ORDINANCE M AMNO THE CITY ODD OF THE QTY OF FRIDLEY, MEME4OTA BY I+AKnG A CEDE IN ZCNIM DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Tract B, C and D, Registered Land Survey No. 19, the same being 6520, 6530 and 6536 East River Road N.E. Is hereby designated to be in the Zoned District known as C-2 (General Business) , subject to stipulations adopted at Citv Council meeting of September 14, 1987 . SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned €roan Zoned District C-1 (Local Business) to C-2 (General Business) . SASSED AMID ArOPrED BY THE CITY CDUNCIL OF THE CITY OF FRIMEY THIS 14TH DAY OF September , 1987. WILLIAM J. NEE - MNYOR QST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: August 3, 1987 First Reading: August 24, 1987 Second Reading: September 14, 1987 pLbl ish: June 14, 1989 5/7/4/1 ;95534 j STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a Rezoning, ZOA #87-03 REZONING Klaus Freyinger/Randall Olchefske Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 14th day of September , 19--8-7 , on a petition for rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: Rezone from C-1 (Local Business) to C-2 (General Business) on Tract B, C and D, Registered Land Survey No. 19, the same being 6520, 6530 and 6536 East River Road N.E. IT IS ORDERED that rezoning be granted as upon the following conditions or reasons: See City Council minutes of September 14, 1987. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting rezoning with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at he City of Fr id ey Minnesota, in tjhjQ County of Anoka on the _ day of 90 C2 19 . DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. AAPALA, CI CLERK (SEAL) 1 COUNCIL MEETING OF SEPTEMBER 14, 1987 be held by the City and may be recorded at any time in the future as pub or private easements (assigned) at the City' s discretion; and n the event Mr. Schroer is declared the owner of Parcel B, it be c Ined with the property to the south as one tax parcel . Sec d by Councilman Fitzpatrick. Upon a voice vote, all voting a , ayor Nee declared the motion carried unanimously. Mr. Benson stated the plans f is project have been submitted to the City and he requested they owed to apply for the building permit, after this vacation is shed. Mayor and the Council members indicated no objection if the petitioner prepared to take the risk of a possible reversal. 9,. ORDINANCE NO 895 APPROVING A REZONING, ZOA #87-03, TO REZONE FROM C-1 (LOCAL BUSINESS) TO C-2 (GENERAL BUSINESS) ON TRACT B. C AND D, REGISTERED LAND SURVEY NO 19, THE SAME BEING 6520, 6530 AND 6536 EAST RIVER ROAD N.E., BY RANDALL OLCHEFSKE AND KLAUS FREYINGER: Mr. Robertson, Community Development Director, stated a restrictive covenant regarding land uses will be executed for Mr. Freyinger' s property and this covenant is being prepared by Mr. Newman, Assistant City Attorney. MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 895 and adopt it on the second reading and order publication, with the following stipulations: Klaus Freyinger's property - (1 ) petitioner agrees to execute a restrictive conversant agreement stating that land uses under proposed C-2 (General Business) zoning elassificaton for Tract B and C, Registered Land Survey No. 19, is limited to those land uses provided for in the C-2 (General Business) section of the Fridley Zoning Code except the following will not be considered permitted uses: automobile agencies selling or displaying new and/or used vehicles, agencies selling or displaying recreational vehicles, automotive repair or service stations, liquor stores, bars and taverns. Restaurants serving wine and/or beer should be allowed. Complete prior to publication of rezoning ordinance ; (2) petitioner agrees to refurbish building including trim painting and roof e ui,ent screening prier to occupancy; (3) petitioner agrees to install a brick dumpster enclosure wih opaque gate prior to occupancy; (4) petitioner agrees to install a pylon sign similar to the Riverside Carwash sign prior to full occupancy; (5) petitioner agrees to install landscaping and automatic sprinkling, as per City plan dated 7/1/87, on Tracts B and C (except along west edge ) prior to occupancy; (6) petitioner agrees to install landscape tree wells, plantings, and irrigation along the western edge of Tracts B, C and D, as per City plan dated 7/1/87 by October 31 , 1989 ; (7) petitioner agrees to make parking lot/driveway improvements including curbing, blacktopping, sealcoating and striping prior to occupancy; (8) petitioner agrees to provide joint driveway easement (content approved by staff) from Tract B to Tract C and joint driveway and parking easements from Tract C to Tract D, prior to publication of ordinance . Randall Olchefske's property - (1) petitioner agrees to refurbish westerly addition to carwash by adding roff equipment screening and refinishing facade (roof screening details by owner - approved by staff) . Work to be -16- i COUNCIL MEETING OF SEPTEMBER 14, 1987 completed prior to occupancy of proposed addition; (2) proposed easterly facing overhead doors to be tan colored; (3) petitioner agrees to provide a masonry dumpster enclosure with opaque gate prior to occupancy of proposed addition; (4) petitioner agrees to install landscaping and provide automatic sprinkling as per City plan dated 7/1/87 on Tract D (except along west edge) prior to occupancy of proposed adddition; (5) petitioner agrees to make parking lot driveway improvements including shifting of westerly drive five feet east, and new curbing, blacktopping and retaining wall as indicated in City plan dated 7/1/87 prior to occupancy of proposed addition. Driveway and retaining wall details by owner prior to building permits; (6) petitioner agrees to execute joint driveway and planting easements (content approved by staff) from Tract D to Tract C prior to publication of ordinance ; and (7) petitioner agrees to execute a restrictive covenant agreement stating that land uses under proposed C-2 (General Business) ,.,± test a Tract- n R t _d d a No. 19, jQ liWitpd ..vri.lb -�, GJJliia:4VVll or u, :.cgiS�..ii`�+11 Laa�1V Survey y . -� to all land uses provided for in the C-1 (Local Business) section of the Fridley Zoning Code plus fuel dispensing and car wash uses will be considered as permitted uses. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, stated he assumes publication of the ordinance would be after the restrictive covenant is signed. 10. CONSIDERATION OF APPOINTMENTS TO THE ENERGY AND ENVIRONMENTA UALITY COMMISSIONS: MOTION by Councilman Schneider to table this item. Seconde -"by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee ,declared the motion carried unanimously. 11 . CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION, SAV _#87-07, TO VACATE THE 12 FOOT ALLEY IN BLOCK 5.' HYDE PARK LYING NORTH OF THE SOUTH LINE OF LOT 22 EXTENDED EASTERLY AND SOUTH OF THE NORTH LINE OF LOT 30 EXTENDED EASTERLY, ALL LYING EAST OF AND ADJOINING LOTS 22-30, BLOCK 5, HYDE PARK, GENERLLY LOCATED BETWEEN 61ST AVENUE AND 60TH AVENUE AND BETWEEN 3RD STREET AND UNIVERSITY AVENUE, BY WAYNE JOHNSON: a Mr. Robertson, Community Develo ent Director, stated the City could install the driveway to the Reed's pr,6perty at 6017 3rd Street and assess all or a portion of the cost. l Xreeedo ed, 6017 3rd S `eet, stated there isn' t enough property on either their home o install a two car garage. She stated if a garage was cted ou from their front door, a four foot variance would be d. Mr Reed stated she would like to save as many trees as possible the roceed on this basis, four trees would have to be removed. She cost estimates are about $7,000. Mrs. Reed stated there isn' t centive to install the driveway if they have to pay the entire cost e the trees. She stated if the City wanted the vacation, they would ith it if they can get some assistance with the driveway installation e removal. -17- '795534 C�XZI(011-'Znlltefeor Recon, Cb M C, arg)" Tc' Tr- index OFRCE OF COUNTY RMORDER STATE OF M!M4F 0- ralg4r,,(Or ANOKA I hereby cultl-w 0,1 Vi- f a�,cr d mens was fl!A ;&I I'j on thp FEB— --LM— IL 0'dc'�A N.M., 21 BY Deputy • City of Fridley 6431 University Ave NE. Fridley, MN 55432 Community Development Dept.