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ZOA82-02 CITY OF FRIOLLr-Y, SUBJrc'T ZONING ACTION ZOA # — �� 6431 UNIVERSITY AVE. NE. VACATION SAV # 8 FRioLEY, MN. 55432 (6121.571-3450 PLAT PS #_ ORDINANCE NO PUBLISHED ADDRESS G S D -yy DATE PLANNING COMMISSION: APPROVED DISAPPROVED DATE -7 17 NO CITY COUNCIL: PUBLIC HEARING DATE 1ST READ- 2ND READ CITY COUNCIL: APPROVED DISAPPROVED DATE NO PARK FEE REQUIRED: AMOUNT PAID STIPULATIONS: NAME '/;i- I� �' � v� �C FEE / RECEIPT NO.�,P/ STREET LOCATION OF PROPERTY 6-S 3 v r h lvi i D . LEGAL DESCRIPTION OF PROPERTY f,(ae,r PRESENT ZONING CLASSIFICATION i ' IS EXISTING USE OF PROPERTY ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED ZONING CLASSIFICATION OR TYPE OF USE AND IMPROVEMENT PROPOSED_ S t --a Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? ____yes no. What was requested and when? The undersigned understands that: (a) A list of all residents and owners of proper- ty within 350 feet must be attached to this application. (b) This application must be signed by all owners of tide property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of all residents and property owners of pro•- perty in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North direction. 2. Location of proposed structure on the lot. 3. ' Dimensions of property, proposed structure, and front and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 350 feet). The undersigned hereby. declares that all the facts and representations stated in this application are true and correct. J DATE - $-Y� SIGNATURE -- PPLICANT ADDRESS -7o/�a %�y1t TELEPHONE 7 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 University Avenue Northeast on Wednesday, April 7, 1982 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a Rezoning Request, ZOA #82-02 by Robert Schroer, to rezone from C-1S (local shopping areas) to C-2S (general shopping areas) Tracts B, C and D, Registered Land Survey # 19, to make zoning consistent with use, located in the North Half of Section 15, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 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. VIRGINIA SCHNABEL CHAIRWOMAN PLANNING COMMISSION Publish: March 24, 1982 March 31 , 1982 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 University Avenue Northeast on Monday, May 17, 1982 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Rezoning Request, ZOA #80-02, by Robert Schroer, to rezone from C 1 (local shopping area) to C-2S (general shopping areas) , Tracts B, C and D, Reg- istered Land Survey #19, to make zoning consistent with use, located in the North Half of Section 15, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 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 J. NEE MAYOR Publish: April 28, 1982 May 5, 1982 // 6 uq Vol 2 fly Ns-i:r S �W ijr i 1 l,{1J l VO• �pI � � L 1 � µti \ �� POP ZI (J5001 it' bp to so) �o �1�4 eta/ /.: fi \II b 1 `• `bans Fla ``fin �. / •': � ! � b S li' is 4p 1 (p } 10 � t •• Z ? t /Is '" SAD • j Aer f i tvir ��L, "lr° I Ids C> tl� '6 '6� aY.4, S t t� � � ,ri►� iS� '/ � 'i Mat i NO. fJ , ,58 ,� � • 3 g. x � . r M I ITH IN i 0 vy 0 lot 14- S 56 41 RIC 6 P K3 �, gyp►• `y b b t. 'Y` a �� O10 ' ISO a' +G�� ' ► '; _ �.• f ® � OHO 1f y ter. �-� M p g •,� L 1 M f � TA SS � � f apo �O Q lows`` �1 ,rvs � � • �+ = ��, _� �'� �p' \ Wit: . ° s _ 000 ID Li - _ ,�-�-- -'��. r � �� f" � ', � "moi �O •�('� Om v4 y1� u 74 ro ` w .luJiclo 1 1 LondmcirL o D ' Scale : D � r� Beorin - L k� y`'.�. `�f1CJK/n r�rf�. C7•->,-�la`Ylr>,� .. 1500 a '�-C' V t. . G .. p 2- OPt"�`� 177' G '' I�` 3 j rcc�� C T1s TI'aC w�a.V�...r.m.nra.,..o-+ a...rM.us�w yr .,u r�nat rn.ay✓YTr�ll'ie�P• bisY.aAn ®��Awa:eS.'w-..:�R!s.:l'r L L....Ky.r _:•C::.i�f r.r .. F,_ LAND SURVEY NO . '0 RA COUNTY , MINNESOTA Planning Commission March 23, 1982 City Council April 27, 1982 9 MAILING LIST ZOA #82-02, Robert Schroer Robert H. Schroer Mr. & Mrs. Dennis Dittmer Mr. & Mrs. Walter Luckow 7620 University Avenue N.E. 95 Mississippi Way N. E. 161 64 1/2 Way N. E. Fridley, Mn 55432 Fridley, Mn 55432 Fridley, Mn 55432 Donald Wescom Carl Christensen Bernadine M, & Linda 117 Mississippi Place N.E. 6503 East River Road N.E. Matusak Fridley, Mn 55432 Fridley, Mn 55432 141 64 1/2 Way N. E. Fridley, Mn 55432 Allan C. Mattson Mr. & Mrs. Louis Nash 6270 Riverview Terrace N. E. 6509 East River Road N. E. Fridley, Mn 55432 Fridley, Mn 55432 William Corcoran Otto Westenfield 111 64 1/2 Way N.E. 81 Rice Creek Way N. E. Fridley, Mn 55432 Fridley, Mn 55432 Chris Jelevarov Mr. & Mrs. David Sina 160 Mississippi Street N.E. 6601 East River Road N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Donald Johnson Mr. & Mrs. Jeffrey Rhall 6600 Hickory Street N. E. 6631 East River Road N.E. Fridley, Mn 55432 Fridley, Mn 55432 Richard A. Larson Mr. & Mrs. Edward Fragale 6580 Hickory Street N.E. 6480 Riverview Terrace N.E. Fridley, Mn 55432 Fridley, Mn 55432 Charles E. Johanson Denise Smith 424 N. E. Rice Creek Blvd. 6492 Riverview Terrace N. E. Fridley, Mn 55432 Fridley, Mn 55432 Gary Irene Tycon Corp. 71 66th Way N. E. 321 University Avenue S.E. Fridley, Mn 55432 Minneapolis , Mn 55414 Mr. & Mrs. Alfred Klous Robert Schleeter 6544 Hickory Street N. E. Riverside Car Wash Fridley, Mn 55432 6520 East River Road N. E. Fridley, Mn 55432 Mr. & Mrs. Charles Langer 6530 Hickory Street N. E. Suzanne Koprowski Fridley, Mn 55432 6472 Riverview Terrace N.E. Fridley, Mn 55432 Mr. & Mrs. Donald Patterson 6502 Hickory Street N.E. Murphy Oil Company Fridley, Mn 554432 6485 East River Road N. E. Fridley, Mn 55432 Mr. & Mrs. Edward Brooks 6505 Hickory Street N. E. June M Sakry Fridley, Mn 55432 121 64 1/2 Way N. E. Fridley, Mn 55432 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 University Avenue Northeast on Monday,May 17,1982 in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a Rezoning Request, ZOA 880-02, by Robert Schroer,to rezone from C-IS(lo- cal shopping area) to C-2S (gen- eral shopping areas),Tracts B,C and D, Registered Land Survey #19, to make zoning consistent with use, located in the North Half of Section 15, T-30, R-24, City of Fridley,County of Anoka, Minnesota. Generally located at 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 J.NEE Mayor (April 28&May 5,1982)-FRID 1 c ' s 1 F { i l DIRECTORATE o0 OF °o o° MEMORANDUM PUBLIC WORKS Y May 11, 1982 John G. Flora, Public Works Dir. TO ACTION INFO. Nasim M. Qureshi , City Manager, #1 Health Club Robert Schroer has submitted a rezoning request, ZOA #82-02, to rezone three lots along East River Road from C-1S to C-2S. This action is a result of the #1 Health Club being located in the middle lot. When the original Building Permit was issued to the #1 Health Club, it was staff's determination that this was an allowed C-IS use. As the renovation became completed, it came to the staff's attention that the #1 Health Club was to be operated as a massage parlor. Accordingly, we advised the operator that this use was not allowed in C-IS and would be required to rezone to C-2S. Subsequently due to this, the City Council passed a Sauna Ordinance which established massage parlors within a C-2S zone. The existing gas station and car wash are legal non-conforming use. This should be appropriately located in C-2S zone. The third parcel is currently vacant and it is staff's position that if properties adjacent to it are to be rezoned, this vacant lot should be similarly rezoned. The action presented to City Council is to rezone all three parcels to C-2S in order to make the existing uses legal and conforming. The Planning Commission has recommended denial of the rezoning request, primarily because the existing property users were not present at the Public Hearing and underlying thought for the location of a massage par- lor adjacent to a residential area. JGF:ijk 7 lA 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 University Avenue Northeast on Monday, May 17, 1982 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Rezoning Request, ZOA #80-02, by Robert Schroer, to rezone from C-1S (local shopping area) to C-2S (general shopping areas) , Tracts B, C and D, Reg- istered Land Survey #19, to make zoning consistent with use, located in the North Half of Section 15, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 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 J. NEE MAYOR Publish: April 28, 1982 May 5, 1982 1B CITY OF FRIDLEY PLANNING COMMISSION MEETING, APRIL 7, 1982 CALL TO ORDER: Chairwoman Schnabel called the April 7, 1982, Planning Commission meeting to order at 7:31 p.m. ROLL CALL: Members Present: Ms. Schnabel , Mr. Oquist, Ms. Gabel , Mr. Kondrick, Ms. van Dan, Mr. Svanda, Mr. Saba Members Absent: None Others Present: Jerrold Boardman, City Planner Bob Schroer, 490 Rice Creek Blvd. Mark Haggerty, 6441 University Ave. N.E. Henry Sandbulte, 287 - 120th Ave. N.E. Leo VanderBroek, 11861 Flintwood Ellsworth & Florence Hinz, 384 - 66th Ave. N.E. Patricia Hardel , 332 - 64th Ave. N.E. Herb Bacon, 159 Logan Parkway Bill Sledz, 321 University Ave. S.E. D. C. Savelkoul , 6315 Univeristy Ave. N.E. Marietta Anderson, 11003 Terrace Rd. APPROVAL OF MARCH 24, 1982, PLANNING COMMISSION MEETING: MOTION BY MR. OQUIST, SECONDED BY MR. SABA, TO APPROVE THE MARCH 24, 1982, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1 . PUBLIC HEARING: REZONING REQUEST ZOA #82-0 ROBERT SCHROER: Rezone Tract B, C, and D, Registered Lan urvey o. 19, from C-1S local shopping areas) to C-2S (general shopping areas to make zoning consistent with use, the same being 6520, 6530, and 6536 East River Road N.E. MOTION BY MS. GABEL, SECONDED BY MR. SABA, TO OPEN THE PUBLIC HEARING ON ZOA ##82-02 BY ROBERT SCHROER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 7:34 PM. 1C PLANNING COMMISSION MEETING, APRIL 7, 1982 PAGE 2 Mr. Boardman stated the property is located on East River Road and Mississippi St. That is the area where there is a gas station, the #1 Health Club, and a vacant property to the north. The present zoning is C-1S. Mr. Boardman stated when the #1 Health Club came in, it was Staff's determination that a health club was allowed in a C-1S zone. After the building was up and operating, it came to the City's attention that there was another operation going on, other than the health club, and that operation was a massage. He stated a massage parlour is not allowed in a C-1S zone. Mr. Boardman stated since that time, the City Council has passed an ordinance called a "Sauna License Ordinance" which restricts a massage parlour in a C-1S zone and allows it only in a C-2S zone. At this time, Mr. Schroer is making an application for a rezoning of that particular area to C-2S. Mr. Boardman stated there are three properties involved--Tract B, Tract C, and Tract D. Tract B is the vacant property, Tract C is the #1 Health Club, and Tract D is the gas station. Tract D is also a non-conforming use because a gas station is not allowed in a C-1S zone, although it has been in that operation for quite some time. When the gas station was built, it was an allowed use, but with the changes in the code, it has been grandfathered in and exists as a legal non-conforming use. Mr. Boardman stated Mr. Schroer owns Tract B and Tract C, and the owner of Tract D (gas station) is in agreement to the C-2S zoning which is being proposed at this time. Staff feels if they are going to rezone two of the properties, they should rezone all three at one time to make the area consistent. Ms. Gabel asked what would happen to the massage parlour operation if this rezoning request was denied. Mr. Boardman stated they would not be able to operate a massage parlour in that location. A health club operation would be allowed, but not a massage parlour. He stated the City allowed a health club with the idea it was going to be a health club, but the use was changed after the building was purchased by contract for deed from Mr. Schroer and renovated. Ms. Schnabel asked Mr. Schroer if he had a written agreement from the owner of Tract D (gas station) that the owner is in agreement with this rezoning request. Mr. Schroer stated the owner of Tract D is in agreement with the rezoning, but he did not have a letter of agreement. Ms. Schnabel stated she felt that from a legal standpoint as far as the City is concerned, they should have that proof of agreement. If the Planning Commission approves this rezoning request, one of the stipulations should be that a letter be on file. 1C PLANNING COMMISSION MEETING APRIL 7, 1982 PAGE 2 Mr. Boardman stated the property is located on East River Road and Mississippi St. That is the area where there is a gas station, the #1 Health Club, and a vacant property to the north. The present zoning is C-IS. Mr. Boardman stated when the #1 Health Club came in, it was Staff's determination that a health club was allowed in a C-IS zone. After the building was up and operating, it came to the City's attention that there was another operation going on, other than the health club, and that operation was a massage. He stated a massage parlour is not allowed in a C-1S zone. Mr. Boardman stated since that time, the City Council has passed an ordinance called a "Sauna License Ordinance" which restricts a massage parlour in a C-IS zone and allows it only in a C-2S zone. At this time, Mr. Schroer is making an application for a rezoning of that particular area to C-2S. Mr. Boardman stated there are three properties involved--Tract B, Tract C, and Tract D. Tract B is the vacant property, Tract C is the #1 'Health Club, and Tract D is the gas station. Tract D is also a non-conforming use because a gas station is not allowed in a C-1S zone, although it has been in that operation for quite some time. When the gas station was built, it was an allowed use, but with the changes in the code, it has been grandfathered in and exists as a legal non-conforming use. Mr. Boardman stated Mr. Schroer owns Tract B and Tract C, and the owner of Tract D (gas station) is in agreement to the C-2S zoning which is being proposed at this time. Staff feels if they are going to rezone two of the properties, they should rezone all three at one time to make the area consistent. Ms. Gabel asked what would happen to the massage parlour operation if this rezoning request was denied. Mr. Boardman stated they would not be able to operate a massage parlour in that location. A health club operation would be allowed, but not a massage parlour. He stated the City allowed a health club with the idea it was going to be a health club, but the use was changed after the building was purchased by contract for deed from Mr. Schroer and renovated. Ms. Schnabel asked Mr. Schroer if he had a written agreement from the owner of Tract D (gas station) that the owner is in agreement with this rezoning request. Mr. Schroer stated the owner of Tract D is in agreement with the rezoning, but he did not have a letter of agreement. Ms. Schnabel stated she felt that from a legal standpoint as far as the City is concerned, they should have that proof of agreement. If the Planning Commission approves this rezoning request, one of the stipulations should be that a letter be on file. PLANNING COMMISSION MEETING, APRIL 7, 1982 PAGE 3 Mr. Bill Sledz, 321 University Ave. S.E. , stated he currently has a purchase agree- ment on Tract B. He stated he is buying Tract B for the purpose of putting in a garage or just to enhance and protect the property they own behind it (the 144- apartment complex - 6540 East River Road) . They would also have purchased Tract C if they had moved a little faster, but they learned a health club was going in there, and a health club was fine with them. He stated it was his understanding that the gas station would not be affected if the zoning did not change because of the grandfather clause. Mr. Sledz stated that if this operation is going to exist in this location, they would like to see it return to a health club and not a massage parlour. They do have a purchase agreement on Tract B that is binding and can be exercised, and for all practical purposes, they are just waiting for title. If the owners of the health club bought the building from Mr. Schroer and it was Mr. Schroer's understanding that it was going to be a health club, he felt those people should abide by that and not change their operation. He stated he has an investment in his property, and if Tract C ever became available, he would be interested in purchasing it. Ms. Schnabel stated she had a problem in that she could not recall where the City has rezoned a property to make it consistent with the use of the property. usually the property has to be consistent with the zoning. Mr. Boardman stated it has been done in situations where they are making non- conforming uses into conforming uses. If nothing else, he would recommend the gas station be rezoned to C-2S because the gas station is allowed in C-2S. He stated he also has a problem with a rezoning in a situation like this where a property was developed under a C-IS zone for a specific use and then that use, whether right or wrong, has changed. He did not feel the Planning Commission was necessarily obligated to rezone just because a use is there that was created illegally. Mr. Schroer stated the City had determined the zoning was right for a health club, but when the operation was changed to a massage parlour, there was no zoning for a massage parlour, and there was no one in the City who knew they needed a new license for a massage parlour. The point he wanted to make was that the operation did not have to fit into a C-1S or a C-2S zone at that time, because no zoning existed for it. Mr. Boardman stated this is an interesting situation. The way the code was set up, there was no zone that said a health club was allowed or a massage parlour was allowed. When the health club came in on this site, Staff made the determination that a health club was a local business and, therefore, would be allowed in a C-IS zone. A massage parlour -is not necessarily a local business. The codes were very vague and left it to the discretion of City Staff to decide what was allowed or what was not allowed. At that point in time, Staff did allow a health club. He thought that if a massage parlour had been proposed on this site, there would have been some discretion as to the type of zoning where it would be allowed. At that time, a massage parlour would not have been allowed in a local business zone. A -. 1, E PLANNING COMMISSION MEETING, APRIL 7, 1982 PAGE 4 Mr. Boardman stated the real issue is whether the Planning Commission felt these three properties should be zoned to general shopping (C-2S) or remain as local shopping (C-1S) . MOTION BY MS. GABEL, SECONDED BY .MR. OQUIST, TO CLOSE THE PUBLIC HEARING ON ZOA #82-02 BY ROBERT SCHROER. UPON A VOICE VOTE, ALL VOTING AYE,CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:56 P.M. Ms. Gabel stated the fact was that Staff had made the determination to allow a health club, regardless of whether there was any zoning at that time that allowed a massage parlour. What they have now is after the fact when they are being asked to change the zoning to meet the need when it is normally done the other way around. She stated she had a real problem in doing that. She stated she was not interested in changing the zoning of the gas station as 'there isn't really a need for it. It can exist there as a legal non-conforming use. If the owner of that property wants to have an official rezoning, that person can make the request. She felt that in some ways, Staff was mislead in seeing this as a health club and it turned out differently, and she did not see that as a reason to change the zoning. Mr. Saba stated he agreed with Ms. Gabel . Ms. van Dan stated she also agreed with Ms. Gabel . There was also the fact that neither the owners of the health club or the gas station were present at this meeting to speak their wishes, and she did not think the Planning Commission should recommend any changes unless they were present. MOTION BY MR. SAGA, SECONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL THE DENIAL OF REZONING REQUEST, ZOA #82-02, BY ROBERT SCHROER TO REZONE TRACT B, C, AND D, REGISTERED LAND SURVEY NO. 19, FROM C-1S (LOCAL SHOPPING AREAS) TO C-2S (GENERAL SHOPPING AREAS) TO MAKE ZONING CONSISTENT WITH USE, THE SAME BEING 6520, 6530, AND 6536 EAST RIVER ROAD N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated .the minutes would go to the City Council on April 19th and when they set-the public hearing on this request everyone ��!ould be otified again 2. PUBLIC HEARING: REQUEST FOR A SPECIAL USE P SP #82-02, NOBLE NURSERY, INC. : o use a 50 y 5 a enar s par ing of for the sale of nursery stock, and Chri s ees, in season, per Section 205.107 , 3, N, of the Fridley City be located on Lot 9, Auditor's Subdivision No. 94, the same bei entral Avenue N.E. MOTION BY MR. S , ONDED BY MR. KONDRICK, TO OPEN THE PUBLIC HEARING ON ZOA ##82-02 B E NURSERY, INC. .x =A 1 E . .r PLANNING COMMISSION MEETING, APRIL 7, 1982 PAGE 4 Mr. Boardman stated the real issue is whether the Planning Commission felt these three properties should be zoned to general shopping (C-2S) or remain as local shopping (C-1S) . MOTION BY MS. GABEL, SECONDED BY .MR. OQUIST, TO CLOSE THE PUBLIC HEARING ON ZOA #82-02 BY ROBERT SCHROER. UPON A VOICE VOTE, ALL VOTING AYE,CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:56 P.M. Ms. Gabel stated the fact was that Staff had made the determination to allow a health club, regardless of whether there was any zoning at that time that allowed a massage parlour. What they have now is after the fact when they are being asked to change the zoning to meet the need when it is normally done the other way around. She stated she had a real problem in doing that. She stated she was not interested in changing the zoning of the gas station as "there isn't really a need for it. It can exist there as a legal non-conforming use. If the owner of that property wants to have an official rezoning, that person can make the request. She felt that in some ways, Staff was mislead in seeing this as a health club and it turned out differently, and she did not see that as a reason to change the zoning. Mr. Saba stated he agreed with Ms. Gabel . Ms. van Dan stated she also agreed with Ms. Gabel . There was also the fact that neither the owners of the health club or the gas station were present at this meeting to speak their wishes, and she did not think the Planning Commission should recommend any changes unless they were present. MOTION BY MR. SABA, SECONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL THE DENIAL OF REZONING REQUEST, ZOA #82-02, BY ROBERT SCHROER TO REZONE TRACT B, C, AND D, REGISTERED LAND SURVEY NO. 19, FROM C-1S (LOCAL SHOPPING AREAS) TO C-2S (GENERAL SHOPPING AREAS) TO MAKE ZONING CONSISTENT WITH USE, THE SAME BEING 6520, 6530, AND 6536 EAST RIVER ROAD N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated .the minutes would go to the City Council on April 19th and when they set-the public hearing on this request everyone would be otified again 2. PUBLIC HEARING: REQUEST FOR A SPECIAL USE P , SP #82-02, NOBLE URSERY, INC. : o use a 5-0-'- by- 5 a enar s par ing lot for the safe of nursery stock, and Chri s ees, in season, per Section 205.101 , 3, N, of the Fridley City be located on Lot 9, Auditor's Subdivision No. 94, the same bei entral Avenue N.E. MOTION BY l�Z. S , ONDED BY MR. KONDRICK, TO OPEN THE PUBLIC HEARING ON ZOA #82-02 B E NURSERY, INC. 1F 3 BLAINE L 10 COON RAPIDS �. '•• _,•„� � t ...::..• ZOA #82-02, Robert Schroer ac �a [ SPRING LAKE PARK .ate^`I • •P�f : 35 ILI � °' �• IL�JL��4b �� ulh1�wn K � Iz., Loccx+ l on CUD an z FT11 W qtr,• Lo Ary I y •�LJ�® �- • 594 LInnnn10 " COLUMBIA = HEIGHTS oH.w.fu u+®�� C —uuu STREET MAP-CITY OF BE. FRI DLEY 0 A333 6,666 P W f/ z 2 w.. I .^ .,•:� AWWA CO. PON CO. InI - MKNiEA►OLIs 0 I G Ye, 37 SP #82-02 Robert �chroer 78 67 ZI 19 tog wa Air 66 61 s, '4 110) R CT Y,� 0 0 ro At 1p It 49 sf tKV C4\ A ly Poo POW 6\ --4-7 :A A 0 As :A' /71 of it' 00 'Wei IRA 10 —wsslsstppl AW" 17 1 H , -,_ ZOA 2-02 Robert .Tudlaal LanclmcirL Schroer �o n Scale - 1 O_ Den( es trbn monurrrc.n+�-, ^i 00 KID, �, 23 i p , C 1 S 5�•°Q . . . . '�"• fey ; Ipps iS •z3 'S �� , � G 1 � , i Trac. ' C C 1 S Tract t CITY OT FRIOLGY, SUHJECT MINNE-90TA C:L-.'3MM2SSr0,rM APPLICATION K..t�*'Rnr.!tzr 's�ecm+�r.cc T 77i UCpO( UwWon, �/U(ADer ! !<L'Y tJy5 App(UYtd by 1I FILE P401 ADDRESS F{�E��TE COMPLETE REVIEW CHECKLIST RETURN TO PLANNING � DLA DATE ._ 3/ �o � COMMENTS 12 C- 2 S �- rTT.l � C � -� u..A f �- �2 a Le q<l6 w ey, 1 I.�L�� f Q�v�s ely a`� 101 THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 17, 1982 The Regular Meeting of the Fridley City Council was called to order at 7:30 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: r Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilman Fitzpatrick, Councilman Hamernik, Mayor Nee, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES - COUNCIL MEETING OF MAY 3 1982: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: 1 PUBLIC HEARING ON REZONING REQUEST, ZOA #82-02, TO REZONE FROM C-1S TO C-2S TO MAKE ZONING CONSISTENT WITH USE, 6520, 6530-AND-6536 EAST RIVER ROAD, ROBERT SCHHUER: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:35 p. m. Mr. Flora, Public Works Director, stated three parcels are involved in this rezoning request, shown as Tract B, C, and D, on a map which was displayed. Mr. Flora stated Tract B is vacant property, the #1 Health Club is located on Tract C, and a gas station is located on Tract D. He explained when the #1 Health Club requested its building permit, it was determined a health club was a permitted use in a C-1S zone, however, it has been found that it is operating as a massage parlour and, therefore, should be in a C-2S zone. He further stated the gas station is also a legal non-conforming use as a result of past changes in the zoning code. Mr. Flora stated there was a great deal of discussion when this 'Ia rezoning request was before the Planning Commission. He stated they felt, normally, a rezoning is done prior to the use being rl initiated and, since the owners of the #1 Health Club and the gas station were not present at the Planning Commission meeting, the Planning Commission recommended denial of the rezoning. 10 COUNCIL MEETING OF MAY 17, 1982 PAGE 2 Mr. Robert Schroer, 490 Rice Creek Boulevard, stated he is the owner of Tracts B and C and, at the present time, has a contract for sale for both of these parcels. He stated he is not invoTved with the-#1 Health Club and when he sold them the property, he didn't know what operation was going in there. Mr. Schroer stated the City staff came to him as a fee owner, and asked him to submit a rezoning request for Tract C, as he understands this business requires a different zoning than what presently exists. He stated he did apply for this rezoning to conform to the zoning laws, but understands the contract owners don't want it rezoned and the r owner of the gas station, located on Tract D, doesn't care if it is rezoned or not as his operation has been grandfathered in as a legal non-conforming use. Mr. Schroer stated, if his contract buyer doesn't need the rezoning, he would like to withdraw the request. Mr. Bill Sledz, 321 University Avenue S. E., stated he was the contract purchaser for Tract B and was opposed to the rezoning. He stated he also represents the owners of Tract A on which the apartment complex is located. Mr. Dan Kluiquismelt, 6420 Riverview Terrace, stated he didn't appreciate the health spa located on Tract C and questioned if it was operating improperly under the present zoning Mayor Nee stated the discussion of the present use is not relevant, but the question is, basically, the land, and whether it should be used for heavy commercial or a lighter commercial use. Mr. Herrick, City Attorney, explained the types of uses within various zoning districts are not absolutely or precisely outlined. He stated the zoning code describes certain types of zoning and indicates certain uses allowed, but it is impossible to list every conceivable use, however, there is a statement contained in the wording that other types of uses may be included. Mr. Herrick stated the question of whether the massage parlour belongs in C-1S or C-2S zone isn't addressed in the zoning code, however, the difference in the zones is that C-1S is for neighborhood commercial uses and C-2S is more for shopping center uses. He stated it is the position of the City staff that massage parlour belongs in a C-2S zone. Mr. Herrick stated the City has convened litigation to have that question answered by the court and the-matter is now pending. He stated it is the - City's position they don't have the proper zoning and the owners are also challenging a recent ordinance adopted by the Council controlling massage parlours, and this matter is also pending in court. Mr. Richard Harris, 6200 Riverview Terrace, asked if the owners of the massage parlour on Main Street, which is located in an M-2 zone, were asked to have the property rezoned. Mr. Herrick stated there was some litigation, however, he doesn't recall the exact details, but there was a finding on the part of the court that the operator of the massage parlour on Main Street was not guilty of a criminal offense for operating the massage parlour in an industrial area. Mr. Herrick stated the litigation in court pertaining to challenging the ordinance applies to this massage parlour on Main Street as well as the one on East River Road. He stated he is hopeful the court will determine the ordinance is valid and if this is the case, he feels they have enough enforcement provisions to curtail and supervise the activities to a substantial degree. 103 COUNCIL MEETING OF MAY 17, 1982 PAGE 3 Mr. Jim Glaser, 16 Rice Creek Way, questioned why the Council let such an operation exist in the City. He stated it is becoming'a very unpopular circumstance and a lot of people are talking about it. He felt it is in bad taste for the community and a '"black eye" for the members of the Council. Councilman Barnette stated the whole matter started as a request to build a health club. He stated, after the building had been constructed, all the Council members received a lot of calls when it was found gut a massage parlour was operating. He feels the City has taken the proper action, through the courts, and felt with the due process of law, this will be handled. Councilman Barnette stated if someone comes into the city as a legitimate business, the Council doesn't legally have a right to keep them out, but if they are not operating a legitimate business, this would be another consideration which is now proceeding through the courts. Mayor Nee felt every member of the Council shares Councilman Barnette's view. Mr. Schroer stated he was told when he sold the property, the operation was going to be a health club and all the Council was told the same thing. No other persons in the audience spoke regarding this rezoning request. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Hamernik. Upona voice vote, all voting aye, Mayor Nee declared the motion carried unanimously,and the public hearing closed at 8:05 p. m. This requesting rezoning application was later withdrawn by Mr. Schroer-- see item No. 17. 2 PUBLIC HEARING ON THE ASSESSMENT FOR STREET IMPROVEMENT PROJECTS ST. 1981-1 l AND ST. 1981-2: ({ MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upona voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:05 p. m. Mr. Flora, Public Works Director, stated the Madison Street improvement is to be assessed to Unity Hospital at a total cost of $18,184.72. He stated Park Drive (south extension of Commerce Circle East) had a total cost of $18,250.00 with three-fourths of the cost assessed to the east side of the street and one-fourth of the cost assessed to the west side of the street. Mr. Flora stated only the concrete curb on 69th Avenue is being assessed to the residential property owners on the south side of the street, and Medtronics will be assessed for the remaining one half of the street and all the concrete curbing on the north side of the street. Councilman Barnette asked if the residents in the area of the Community Park were notified of the plans for the extension of the street west from the stop light on 69th Avenue. Mr. Flora stated drawings were provided which showed the design for that extension and construction will be done this year. Mr. Richard Harris, 6200 Riverview Terrace, asked if Beech Street, Elm Street,and Matterhorn Drive would be assessed. He was advised that these were overlay projects and were not being assessed. 304 COUNCIL MEETING OF MAY 17, 1982 PAGE 4 Mr. Harris asked if they were planning to overlay 78th Street under Project 1982-1. Mr. Flora stated this would be done this year and the overlay would not be assessed. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:15 p. m. OLD BUSINESS• 4 ORDINANCE NO. 750 AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE BY ADDING SECTION 205.23 ENTITLED S-2SPECIAL DISTRICT: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 750 and adopt it on the second reading and order publication. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3 ORDINANCE NO. 751 ON REZONING REQUEST ZOA #82-03, TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONIN DISTRICTS S-2 CITY OF FRIDLEY: MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 751 and adopt it on the second reading and order publication. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5 SECOND READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKItIG A CHANGE IN Z014ING DISTRICTS ZOA #80-02, 1001 HILLWIND ROAD, TED BURANDT, dba: SWING REALTY: Councilman Schneider stated he understands that Ms. Nybo is not able to complete her requirements, therefore, he has contacted Mr. Burandt who has requested the Council table action on this item for another month. MOTION by Councilman Schneider to table this for one month. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. b CONSIDERATION OF APPOINTMENTS TO HOUSING AND REDEVELOPMENT AUTHORITY AND ENERGY COMMISSION TABLED 2/1/82 AND 5/3/82 6 PHOUSING AND REDEVELOPMENT AUTHORITY: Mayor Nee stated he wished to appoint Walter Rassmuson, 7806 Alden Way, to the Housing and Redevelopment Authority. He stated Mr. Rasmussen is President of the Northeast State Bank, and felt he would bring an important financial background to the Housing Authority. MOTION by Councilman Schneider to concur with Mayor Nee's appointment of Walter Rasmussen to the Housing and Redevelopment Authority. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee h �.cdeclared the motion carried unanimously. 'ENERGY COMMISSION: MOTION by Councilman Hamernik to nominate Todd Tessmer, 6980 Channel Road, for appointment to the Energy Commission. Seconded by Councilman Barnette. There being no further nominations, the nominations were closed by Mayor Nee. 109 COUNCIL MEETING OF MAY 17, 1982 PAGE 9 14 LICENSES• MOTION by Councilman Fitzpatrick to approve the licenses-as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15 CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No.-122F22 through 133ZO7. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 6' ESTIMATES: MOTION by Councilman Barnette to approve the license as submitted. E. A. Hickok & Assoc., Inc. 545 Indian Mound Wayzata, MN 55391 Professional Services - April, 1982 Moore Lake Restoration Project $ 3,466.08 Halvorson Construction Co. 4227 - 165th Avenue N. E. Wyoming, MN 55092 Partial Estimate No. 1 j1982 Misc. Concrete Curb & Gutter Project $16,974.30 t Herrick & Newman 6279 University Avenue, N. E. Fridley, MN 55432 For legal services rendered at City Attorney for the month of April , 1982 $ 4,478.30 Smith, Juster, Feikema, Malmon & Haskvitz 1250 Builders Exchange Building Minneapolis, MN 55402 For legal services rendered as City Prosecutor for the month of April, 1982 $ 4,425.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REQUEST MADE THIS EVENING BY MR. SCHROER FOR WITHDRAWAL OF REZONING APPLICATION, ZOA #82-02: MOTION by Councilman Schneider to receive and approve Mr. Schroer's request for withdrawal of Rezoning Application, ZOA #82-02, and authorize the refund of the application fee. Seconded by Councilman Fitzpatrick. 110 COUNCIL MEETING OF MAY 17, 1982 PAGE 10 1 J Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 17, 1982 adjourned at 9:20 p. m. Respectfully submitted, Carole Haddad William J. Nee Secy. to the City Council Mayor Approved: w. (Official Publlcation) NO.755 AN ORDINAINCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY.MINNESOTA BY MAKING A CHANGE IN ZONING The CounclliDIST he City of Fridley do ordain as follows: SECTION I App, Code of Fr dle s endix D of the City inafter indicatedis amended as here- SECTION 2 �he tract or area within the C unty of Anoka and the City of Fridley and described as: A. Rezone from M-1 (light in- dustrial areas), to R-1 (single family dwelling areas),Lots 1,7 and 8,of Doty/Wellner Addition, and B. Rezone from.M-1 (light in- dustrial areas),to R-2(two fami- ly dwelling areas), Lots 2a, 2b, 3a,3b,4a,4b,5a,5b,6a,and 6b, All located leinAdttSouth Half of Section 16,T-301 R the-24,Ci[y of Fridley, County of Anoka,Minhesota.' SECTION 3. The Zoning Adminis- trator is directed to change the of- ficial zoning map to In the above zoning change. PASSED BY THE CITY COUNCIL OF THE CITY OF COUNCIL THIS 13TH DAY OF SEPTEMBER;1982 WILLIAM J.NEE ATTEST: Mayor SIDNEY C.INMAN City Clerk Public Hearing:March 22 1982 First Reading:April 5,1982 Second Reading:September 13,1982 Publish:September 22,1982 (Sept.22,1982)-FRID