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ZOA85-03 CITY 110 F66°DLEY REZONING REQUEST ZOA * 65-03 6431 UN1VE3'SITY .0^7- H.E. 21 FRIDLEY, WIN 5Z .i 2 VACATION REQUEST SAV (612)571-3450 PLATTING REQUEST P.S. REQUEST FEE 6300.ODPARK FEE RECEIPT # C) I SCHEDULED PLANNING COMMISSION MEETING DATE ( It I P')(P SCHEDULED CITY COUNCIL MEETING DATE PROPERTY INFORMATION PROPERTY ADDRESS 'Pc. •YI LMAL DESCRIPTION: LOT ?_ BLOCK TRACT/ADDITION PRES ENT Z ON ING REQUESTED Z ON 19G REASON FOR REQUEST: A site plan showing the proposed future use is required for all rezoning. ************************************************************************************ OWNER INFORMATION NAME (please print) q)2g-,,n S E T — r�`c k���2 Pxo�1E # ADDRESS I �r 9 �G✓ - �. �- t—� SIGNATURE DATE ��— ***************** **************************************************************** PETITIONER INFORMATION NME (please print) 'eco j Lc. PHONE # _ ADDRESS SIGNATURE DATE ************************************************************************************ PLANNING QOMDiISSION : APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: Ibe petitioner hereby understands that: I. The City wild notify all residents and owners of property within 350 feet (rezorung) or within 300 feet (platting) of said property. 2. This application must by 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 names 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: North direction Location of proposed structure, and front and rear setbacks. Landscaping if applicable Street names Location and use of adjacent existing buildings within 350 feet. PLANNING DIVISION ciTYOF MEMORANDUM HU DLEY MEMO TO: John Flora, Public Works Director MEMO FROM: Jim Robinson, Planning Coordinator MEMO DATE: January 9, 1986 v REGARDING: Setting Public Hearings for February 3, 1986 Council Meeng On January 8, 1986 the Planning Commission reviewed two petitions for rezonings, ZOA X85-03 by Margaret Brickner and ZOA ;85-04 by Vantage Properties, Inc. Both requests were recorIInended for approval by the Planning C Tr,fission. Because of the January Council schedule the Planning Commission minutes of January 8, 1986 will not reach the January 13, 1986 Council meeting. In order to move these two items through expeditiously, it would be appropriate for Council to set a February 3, 1986 public hearing date for both rezonings at the January 13, 1986 meeting. JWdm M-86-5 3 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, February 3, 1986in the Council Chamber at 7 :30 p.m. for the purpose of: Consideration of a Rezoning request, ZOA #85-03, by Margaret Brickner, to rezone the northerly 180 feet of Lot 3, Auditor's Subdivision No. 88 from R-1 (One Family Dwelling) to C-1 (Local Business) to allow for retail services, the same being 1282 Mississippi Street 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: January 20, 1986 January 27, 1986 tiut •4i ZOA A85-03 /isra� 61,30 114 PO4 1 •_ iILl Iff AM M C ,o�� Margaret Brickner Bio — ,0 _ �� .bb'zo /LQ� 6624 r Q (Iso) 1 660' 1315 13�i it 3Q" i- f -� .j - - 1• 1255 6610 c � �� � 66 T AVE. N. 610 ' lawo J� , s -- i 138 �. 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M- 54 it iii♦i'♦!►«iii♦i«i�© / /�. . • ` ► • 1�'i��©QJZ r 1 t 16 Al Ak ip 42 AA Jq Ok • w 1OVA jW ' , 14 T ,� £0-58# y0Z S Planning Commission 12/13/85 22 MAILING LIST City Council 1/17/86 ZOA #85-03 Margaret Brickner DAVID L BONA DONNA M HOFFMAN 6548 CHANNEL ROAD 6424 PIERCE STREET FRIDLEY MN 55432 FRIDLEY MN 55432 CHARLES R PETERSON JAMES J RUSINAK 6532 CHANNEL ROAD 6412 PIERCE STREET FRIDLEY MN 55432 FRIDLEY MN 55432 WARREN T SPAETH ALFRED J KELLS 6516 CHANNEL ROAD 6400 PIERCE STREET FRIDLEY MN 55432 FRIDLEY MN 55432 JOHN A FOGERTY DOUGLAS E JOHNSON 6500 CHANNEL ROAD 6388 PIERCE STREET FRIDLEY MN 55432 FRIDLEY MN 55432 RICHARD 0 SCHWALBACH GARY L FISCHER 6501 PIERCE STREET 6378 PIERCE STREET FRIDLEY MN 55432 FRIDLEY MN 55432 RICHARD E LEKANG LAWRENCE J NELSON 6517 PIERCE STREET 6366 PIERCE STREET FRIDLEY MN 55432 FRIDLEY MN 55432 ALVIN T BERG MITCHELL L GWIAZDON 6533 PIERCE STREET 6350 PIERCE STREET FRIDLEY MN 55432 FRIDLEY MN 55432 GREGORY D MARTIN SUSAN SWENSON 6549 PIERCE STREET 6391 DELLWOOD DRIVE FRIDLEY MN 55432 FRIDLEY MN 55432 ERWIN R BERGLUND GARY W VANDER HART 6565 PIERCE STREET 6401 DELLWOOD DRIVE FRIDLEY MN 55432 FRIDLEY MN 55432 LEROY T TOVSEN MARGARET BRICKNER 1356 64TH AVENUE 6199 Heather Place FRIDLEY MN 55432 Fridley, MN 55432 PIERCE - Sf ^� Q4-- 1b 8 n WZo^�, tnz N� Aoc v + ^� � Nw ii �fl-o 107 ` 1 � �1 707.7/ o 1.10,It 2 °f' IMASO o to jl' YO /ziD.9.7 IZO.31 /?0.32 G0 /ZJ /Z3 /Z,/ //3•Z6 //316 s � � h 1�LN.7B w a k OO 3vo. yoo,7l ; 0 cl� cj • r• V� - e O e�� I rro�i Arses � l" 6 n- � � � � . •� Air 23 MAILING LIST ZOA #85-03 Margaret Brickner FRED ' S WELDING THEODORE HOLSTEN 6491 CENTRAL AVENUE 3215 TOWNVIEW AVE FRIDLEY MN 55432 ST ANTHONY MN 55418 FRANK DEMELLO DAVID A KRAMBER 6134 WOODY LN NE 2013 29TH AVE NW FRIDLEY MN 55432 NEW BRIGHTON MN 55112 RICHARD S CARLSON ROGER FREMO 7691 OLD CENTRAL NE 12823 CHISHOLM NE FRIDLEY MN 55432 BLAINE MN 55434 DONALD E HILL MISS MUTUAL GROUP 7985 GREENWOOD DRIVE 2000 PLYMOUTH ROAD MPLS MN 55432 MINNETONKA MN 55343 BOB M CALDERON FLOYD TORGERUD 6401 CENTRAL AVENUE 322 KELSEY STREET FRIDLEY 14N 55432 'l DELANO MN 55432 JOSEPH J NELSON ROGER FREMO 1357 64TH AVENUE 6534 CENTRAL AVENUE FRIDLEY MN 55432 FRIDLEY MN 55432 JOHN D RAU MISS MUTUAL GROUP 1341 64TH AVENUE 2000 PLYMOUTH ROAD NO 230 FRIDLEY MN 55432 MINNETONKA MN 55343 RALPH G RUNDQUIST BRUCE A BONDOW 1490 64TH AVENUE 6616 CENTRAL AVENUE FRIDLEY MN 55432 FRIDLEY MN 55432 -THol,4* - "MI-Tt4tEirL ROGER FREMO 6391 CENTRAL AVENUE 12823 CHISOLM ST NE FRIDLEY MN 55432 BLAINE MN 55432 24 MAILING LIST ZOA #85-03 Margaret Brickner WILLIAM F WEISS HERBERT W BACON 6490 CENTRAL AVENUE 6523 CENTRAL AVENUE FRIDLEY MN 55432 FRIDLEY MN 55432 WILLIAM F WEISS THOMAS BLOMBERG 1282 MISSISSIPPI NE 1661 CAMELOT LANE FRIDLEY MN 55432 FRIDLEY MN 55432 EUGENE T LANE COUNTRY HOUSE INC 1132 MISSISSIPPI STREET 6501 CENTRAL AVENUE FRIDLEY MN 55432 FRIDLEY MN 55432 WILBER H HARRIS CITY OF FRIDLEY 7k, 3942 RESERVOIR BLVD 6431 UNIVERSITY AVENUE COLUMBIA HEIGHTS MN 55421 FRIDLEY MN 55432 /lv 7D mc,Ti vC FORTUNE INVESTMENTS INC -NtN-Er T �( 4611 E 36TH ST 6519 CENTRAL AVENUE MPLS MN 55406 FRIDLEY MN 55432 FORTUNE INVESTMENTS INC JOE M RANDALL 4611 E 36TH ST 1210 MISSISSIPPI STREET MPLS MN 55406 FRIDLEY MN 55432 be- t ? STvKFS ZIEBART OF MINN INC �t $N- 6300 CENTRAL NE 1220 MISSISSIPPI STREET FRIDLEY MN 55432 MN 55432 RUSSELL PRIOR FLORENCE M GOULDON 1340 MISSISSIPPI STREET 6448 PIERCE STREET FRIDLEY MN 55432 FRIDLEY MN 55432 FERDINAND F HOLZHEU SHARON M SANDBERG 1314 MISSISSIPPI STREET 6436 PIERCE STREET FRIDLEY MN 55432 FRIDLEY MN 55432 25 r w MAILING LIST ZOA #85-03 Margaret Brickner LEONARD E BERGMAN 6435 PIERCE STREET LAWRENCE A VIRDEN FRIDLEY MN 55432 6413 DELLWOOD DRIVE FRIDLEY MN 55432 GEORGE H DEMARAIS 6411 PIERCE STREET HENRIETTA A OLSON FRIDLEY MN 55432 6425 DELLWOOD DRIVE FRIDLEY MN 55432 STANLEY G DUBANOSKI 6423 PIERCE STREET VERNON 0 SMITH FRIDLEY MN 55432 6437 DELLWOOD DRIVE FRIDLEY YN 55432 JERRY JACOBSON 3846 INDEPENDENCE ERNEST D VANAUGH NEW HOPE MN 55432 6449 DELLWOOD DRIVE FRIDLEY MN 55432 FAYE E CHRISTIANSON 6389 PIERCE STREET JOHN A CARLAND FRIDLEY MN 55432 6416 DELLWOOD DRIVE FRIDLEY MN 55432 DONALD J JOHANNES 6373 PIERCE STREET BYRON A LARSON FRIDLEY MN 55432 1250 MISSISSIPPI STREET FRIDLEY MN 55432 DUANE V LEVANDOWSKI 6361 PIERCE STREET BYRON A LARSON FRIDLEY MN 55432 1260 MISSISSIPPI NE FRIDLEY MN 55432 DOUGLAS T TANNER 2206 ST ANTHONY BLVD DELLA M BURMIS MINNEAPOLIS MN 55418 6459 PIERCE STREET FRIDLEY MN 55432 MARK L CLASEN 5332 RAYMOND AVENUE HELEN M COFFEY MOUNDSVIEW 14N 55112 6449 PIERCE STREET FRIDLEY MN 55432 (Official Publication) ZOA 885-03 Maegaret Brickner ORDINANCE NO.852 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 here- inafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: The Northerly 180 feet of Lot 3. Auditor's Subdivision No.88 lying in the South Half of Section 13, T-30,R-24.City of Fridley.Coun- ty of Anoka.Minnesota. Is hereby designated to be in the Zoned District known as C-1 (Local Business). SECTION 3. That the Zoning Ad- ministrator is directed to change the official zoning map to show sat d tract or area to be rezoned from Zoned District R-1 (One Family Dwelling) to C-1(Local Business). PASSED AND ADOPTED BY THE CITY CIOF FR DLEYN TIHISF3RDE DAY OF MARCH.1986 WILLIAM J.NEE-Mayor ATTEST: SHIRLEY A.HAAPALA City Clerk Public Hearing:February 3,1986 First Reading:February 24,1986 Second Reading: March 3,1986 Publish:August 25.1986 (Aug.25, 1986)-FRID (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Plan- ning Commission of the City of Fridley in the City Hall at 6431 Uni- versity Avenue Northeast on Wednes- day,January 8, 1986, in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a Rezoning request,ZOA#85-03,by Margaret Brickner,to rezone the northerly 180 feet of Block 3, Auditor's Subdivision No.88 from R-1 (one family dwelling) to C-1 (local business) to allow for retail ser- vices, the same being 1282 Mis- sissippi Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. PATRICIA GABEL Chairwoman Planning Commission (Dec.23&30,1885)-FRID 7 ;7� t' � CITY OF FM DLLY CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE 16121 571-3450 November 25, 1985 Mr. Tom Brickner Brickner Builders, Inc. 6199 Heather Place N.E. Fridley, HN 55432 Re: 1282 Mississippi Street N.E. , Fridley Dear Mr. Brickner: This letter is in response to your questions concerning the options available for renting out the above noted property. This dwelling could be rented out to a family; to a group of up to five unrelated persons; or to a married couple who could in turn rent out "bed and breakfast" rooms to not more than two guests. The property would not need to be rezoned to enable you to rent out the structure, however you would need a rental license. The property has been inspected and no deficiences were noted which would have to be corrected before a rental license would be approved. In answer to your question regarding using this property to retail merchandise , you would first have to rezone the property to commercial. The City would notify the property owners within 350 feet of this property of the proposed rezoning. The following items would have to be completed if the rezoning was approved: 1 . Provide a parking lot with concrete curb and gutter. 2. Provide a screening fence between the house and other residences. 3. Provide a 20: 1 ratio ramp to the front door. 4. Provide one unisex handicap restroom on the main floor. 5. One stairway to the upstairs is sufficient as long as the occupant load is less than 10. 6. The basement could not be used for retail area. T. Other stipulations could be attached at the time of rezoning, such as business hours and allowed signage, etc. If you have any further questions on this matter, please feel free to contact me at 571-3450. Siely, ajL DARREL G. CLARK Chief Building Official f CIWOF FfUDLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 March 6, 1986 Margaret Brickner 6199 Heather Place Fridley, MN 55432 Dear Ms. Brickner: Attached is the Action Taken Notice which states approval of your rezoning request, ZOA #85-03, and outlines eight stipulations, to be signed and returned. The last stage of rezoning is to publish the Ordinance in the local newspaper. Fifteen days after this publication the rezoning is effective. Prior to publication two of the stipulations should be completed . These include items #4, the joint driveway easement, and #8, the performance bond. Please have the driveway easement drafted and submit it for our review prior to your recording it at Anoka County, If you have any questions please feel free to call . Good luck in your new endeavor. Sincerely, James L. Robinson Planning Coordinator JLR/dm C-86-59 cc: Shirley Haapala, City Clerk John Flora, Public Works Director I HERRICK & NEWMAN, P.A. VIRGIL C.HERRICK 6279 UNIVERSITY AVENUE N.E. DAVID P.NEWMAN ATTORNEYS AT LAW FRIDLEY.MINNESOTA 55432 JAMES E.SCHMECKPEPER 571-3650 April 16, 1986 Jim Robinson City of Fridley 6431 University Avenue, N . E . Fridley, MN 55432 Dear Jim: Enclosed please find a draft of an Easement for Egress involving Lots 1 and 3 , Auditors Subdivision 88 . If you are satisfied that this Easement meets the terms of agreement between Mr . and Mrs . Brickner and the City of Fridley, please advise me and I will make arrangements to have it signed . Sincerel , Virgil C . errick VCH: KLS Enclosure cc : Mr . and Mrs. Brickner CITY OF F14DLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 PHONE(612)571-3450 August 21, 1986 Margaret Brickner 6199 Heather Place Fridley, MN 55432 Dear Ms. Brickner, I am writing you in order to address some points regarding the rezoning request that was granted to you for your retail shop at 1282 Mississippi Street. There were eight stated stipulations that accompanied the approved rezoning. It appears that two of the stipulations still have to be met. They are: *Provide landscaping to screen parking f ran Mississippi Street. *Provide screening fence between rezoned property and residences to the west. I would appreciate if you would contact me, by letter or phone, and inform me as to haw you are progressing towara completion of these two stipulations, with a timetable for their completion. I look forward to hearing from you soon. Thank you for your cooperation. pectf ul ly yours, 0'6- G Daryl ey Plannin Assistant C-86-380 1 W CITY OF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 September 25, 1986 Margaret Brickner 6199 Heather Place Fridley, MN 55432 Dear Ms. Brickner, On August 21, 1986 I sent you a letter stating that two of the eight stipulations that accompanied the rezoning request granted to you for a retail shop at 1282 Mississippi Street had yet to be met. At this point in time, these two stipulations still need to be completed. They are: 1. Provide landscaping to screen parking f ran Mississippi Street. 2. Provide screening fence between rezoned property and residences to the West. Uhe Planning Department would like to have the above-mentioned stipulations completed this Fall. Feel free to contact me at the Fridley Civic Center, 571-3450, extension 191, to discuss this matter further. Respectfully yours, QW (. Daryl. rey , Planning Assistant C-86-444 COMMSSION APPLICATION REVIEW rm Department Num r F1 m/8� 1/ 6 Meati pate CITYOF Planning 9 l�/pp9 FRI DLEY Fite Address/Description ZOA #85-03 COMPLETE REVIEW CHECKLIST 1282 Mississippi Street RETURN TO PLANNING El JIM COMMENTS * RETURN TO DEBBIE INSTEAD OF ROUTING TO NEXT PERSON JOHN 'YrtrIDARREL Ka w-�- LYDE �I � - / � �a htc`� I r--r 5 5 5-�AS MARK i r ` `a; ' v& EON OL OM C, !�C C/// urqt7 rJ/ cSIc 3A y. PLANNING CONIIISSION MEETI1IG, JANUARY 8, 1986 PAGE 5 MOTION BY MR. KONDRICK, SECONDED BY MR. BETZOLD, TO 014MEND TO CITY CIL APPROVAL OF SPECIAL USE PERMIT, SP N85-16, BY Al IN OTA DEPARTMENT JOBS AND TRAINING, PER SECTION 205.17.1, C, 1 OF T FRIDLEY CITY CO O ALLOT^ OFFICES NOT ASSOCIATED WITH THE PRINCIPAL E 011 LOTS 1, 2 12, BLOCK 2, PACO INDUSTRIAL PARK, THE SA14E BEING 7 0 COMMERCE CIRC AST, P71-111 THE FOLLOWING STIPULATIONS: 1. SPECIAL USE PERMIT IS MINNESOTA DEP _ ENT OF JOBS AND TRAINING ONLY. 2. NO FURTHER OFFIC TENANTS WILL LL01•1F.D UNLESS A CORRESPONDING DROP IN PARK, DEMAND OCCU R01f OTHER TENANT CHANGES, WITH THF. EXCEPTION • CURRENT 2,0 Q. FT. OF 7ACAN- OFFICE SPACE, WHICH MAY BE NSIDE;?!7 SPECIAL USE PERMIT. 3. BRIM DIRECTIOGE INTO CODE COMPLIANCE/ WORK WITH CITY S F Ili DEVEOVERALL SIGN PLAN. t. 9. ,PECIAL U ERMIT BE REVIE17ED BY PLANNING COMMISSION IN AUGUST 1986. UPO A VOI OTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THF. MOTION C RIE ANIMOUSLY. u Council on Feb. 3. 186. 3. PUBLIC HEAPING: CONSIDERATION OF A REZONING REQUEST, ZOA #85-03, Y MARGARET f3RICY.IJER: Rezone the nortierly 130 feet of Block 3, Auditor' s Su�ivision o. 88 from R-1 (one family dwelling) to C-1 (local business) to allow for retail services, the same being 1282 Vississippi Street N.E. A10'_''ION BY MR. WELLAN, SI:CO!:DF,D BY MR. BETZOLD, TO OPEN THE PUBLIC.' NEARING. UPON A VOICE VOTE, ALL VOTING AYE,, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:18 P.M. Mr. Robinson stated this property was located west of Old Central and south of Mississippi St. It was a single family home and was zoned R-1. The major portion of the lot (to the rear) was zoned C-1 , commercial . The adjacent restaurant was zoned C-2, and the area just to the immediate west was R-2 zoning; however, much of that R-2 was single family in use. ;ir. Robinson stated the proposal was to use the house (approx. 1 ,900 sq. ft. ) as a boutique/small retail operation. This property does meet the C-1 code requirements in lot area and setbacks, and Staff was recommending the follo�iing stipulations : 1 . Business shall be open no later than 8:00 p.m. 2. Driveway from Mississippi St. shall be "enter" only; directional sign to be provided. 3. Hard surface curbed parking spaces to be provided. 4. Joint parking and driveway easement with Sandees Restaurant to be provided. 5. Business sign shall not exceed twenty-four (24) sq. ft. in area or eight (8) ft. in height. 3 B PLAIiNING C0111.1ISSION MEETING, JANUARY 8, 1986 PAGE 6 ' 6. Provide landscaping to screen parking from Mississpii St. 7. Provide screening fence between rezoned property and residences to the west. 8. Provide performance bond in the amount of $2,000. M. Robinson stated there were some additional stipulations that "would be handled with the building permit, and those were listed in a letter to Mr. Torn Brickner from Mr. Darrel Clark dated Nov. 25, 1985. Ms. Margaret Brickner stated she had pictures of the home and pictures of other homes she has converted into boutiques. Ms. Brickner stated they would mainly have handmade items that were brought in on consignment. They would also be selling a select group of retail items. The hours would be from probably 11 :00 a.m. - 7:30-3:00 p.m. , Mon. - Sat. and Mon. - Sun. during the holiday season. 11s. Brickner stated the house was in excellent shape, and the only other alternative was to rent the house, because they feel the property should remain with the restaurant. They feel the house is too nice to rent, and this would be a unique way of preserving the house which is actually the home of one of the first 50 far.i; lies who cane to Fridlev. Mr. Tom 11yhra stated this was one of the first homes in Fridley. It was a beautiful house, and it would be terrible to go into a rental situation. The house probably did not have the natural historic-type of value because it has been i.ioved, but to local citizens of Fridley, it had a lot of value and anything the City can do to preserve it was important. The boutique idea sounded like an economically feasible way to keep it in good shape. Ms. Doris Bergman, 6435 Pierce St. , N.E. , stated she had no objection to the rezoning and for the boutique operation. 110-ION BY SR. SABA, SECONDED BY MR. KONDRICK, TO CLOSE THE PUBLIC HEARIIIG. UPON A '1010E VOTE, ALL VOTING AYE, CHA_TRPF,R.4011 GARF.L DECLARED THE PUBLIC HEARING CLOSED AT 8:34 P.M. MOTION BY M.R. SABA, SECONDED BY MR. TIELLAN, TO RECOMMEND TO CITY COPNCIL APPROVAL OF REZONING REQUEST, ZOA #85-03, BY MARGARET BRICK.NF.R, TO REZONE THE NOP,THEP.LY 180 FEET OF BLOCK. 3, AUDITOR'S SUBDIVISION NO. 88 FRO!"' R-1 (017F" FAIfILY DWF,LLING) TO C-1 (LOCAL BUSINESS) TO ALLOF FOR RETAIL SERVICES, TI!E SAME BEING 1282 MISSISSIPPI STREET N.E. , WITH THE FOLLOr1ING STIPULATIONS: 1. BUSINESS SHALL BE OPEN 170 LATER THAN 8:00 P.M. 2. DRIVEr7AY FROM MISSISSIPPI ST. SHALL BE "ENTER" ONLY; DIRECTI01'AL SIGN TO BE PROVIDED. 3. HARD SURFACE CURBED PARKING SPACES TO BE PROVIDED. 4. JOINT PARKING AND DRIVEWAY EASEMENT WIT1' SANDEF.S RESTAURANT TO BE PROVIDED. 3C PLANNING COM11ISSION 11FETINC, JANUARY 8, 1986 PAGE 7 5. BUSINESS SIGN SHALL NOT EXCEED TWENTY-FOUR (24) SQUARE FEET IN AREA OR EIGHT (8) FEET IN HEIGHT. 6. PROVIDE LANDSCAPING TO SCREEN PARKING FROM MISSISSIPPI ST. 7. PROVIDE. SCREENING FENCE BETWEEN REZONED PROPERTY AND RESIDENt7ES TO THE WEST. 8. PROVIDE PERFORIIANCE BOND IN THE AMOUNT OF $2,000. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE NOTION CARRIED UNANIMOUSLY. Ms. Gahel stated this item would go to City Council on Feb/5- 4. PUBLIC HEARING: CONSIDEUTION OF A REZONING P,EfUEST, ZOA VNITAGE PROPERTIES, INC. : Rezone fron 11- (heavy industrial ) and C-2 (general bu nes to C-3 (general shopping center) in the area lying between st enue and up to a line which runs parallel with and approximate 39 eet south of 83rd Avenue and also lying between Plain Street an Uni rsity Avenue, to allow the construction of a retail center of be een 0-and 250 thousand square feet, all located in the North half of ecti 2, T-30, R-24, City of Fridley, County of Anoka, 11innesota. MOTION BY MR. KONDR_TCK, SECONDED BY 11R. [ LAN TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHA PE N GABEL DECLARED TFF PUBLIC HEAPING OPEN AT 8:36 P.H. Mr. Robinson stated this property app x. 22 acres) was located north of 81st Avenue, and west of TH47. Ago de of the property was zoned heavy industrial with a portion C-2. The reques wa to rezone it to C-3. The proposal was for a retail center of between 150 5 00 sq. ft. The primary tenant was a whole- sale/retail operation called h holesale Club, which was a new concept to Minnesota. On the west wo d a Knox Lumber Yard with adjacent storage yard, and on the east side woul b strip commercial and 30,000 sq. ft. of retail . Mr. Robinson stated th p n called for approx. 1 ,200 parking stalls. He stated there had bee so discussion as to what exactly should be the requirement for par .in in this situation. The primary tenants, The Wholesale Club, and Knox Lu er were pretty much wall-to-wall retail accessihle-type space with the w re use component built into the operation. Staff was working with e etitioners to come up with what was a reasonable ratio of building, con i ing there was warehouse included in the project. 4r. Rob on stated Staff was recoramending the following stipulations: Provide a storm drainage plan consistent with city code. 2. Provide landscaping and berming sufficient to screen parking and storage. 3. Scale down size of project so that less than 1 ,000 car parking is needed or obtain necessary environmental permits. 3D PLNINING COMMISSION HEETINr, JANUARY 8, 1986 PAGE 8 4. Provide a completed environmental assessment worksheet for city review. 5. Obtain special use permits for any outside storage or auto- related business. 6. Provide architectural refinements consistent with a quality commercial development. 7. Provide a performance bond in an amount consistent with c t of improvements. Mr. Robinson stated the law says that any development with er 1 ,000 parking stalls requires an environmental assessment worksheet. Th petitioners are looking at scaling down the development in order to avoid this r quirement. However, the City was suggesting in item #4 that the petitioner provide a completed informal environmental assessment worksheet for city eview. Mr. Kondrick and Ms. Gabel expressed concern abo water run-off--that even though city codes are met, strange things begin o happen in Stonybrook and Springbrook after a development in this area. '1r. Kelly Doran, Vantage Properties, state the water retention questions would he subject to a qualified professio ally engineered drainage systen, subject to city code and requirements. hey will work very closely with staff to meet all concerns. 1r. Doran stated that as far as soi conditions, the current owners of the southern half of the parcel had d e sone soil tests which indicated peat from 1'2 to 14 ft. deep. Additional s it tests on the eastern half of the entire site showed 2 - 8 ft. of peat ith a mixture of various soil conditions under- neath that. They will conduc further tests on the westerly half of the parcel . There will definit y be a substantial removal of soil . Mr. Qetzold stated they most need a full environmental impact statement to answer some of the cone rns the Commission members were raising. Even though a formal environmental assessment worksheet was not required if the development was under 1 ,000 cars ecause of this particular location near the nature center, the Commission members would like to know what impact this development will have on the rrounding area even if there are only 999 cars. Mr. Doran state The Wholesale Club was the driving force behind the center which essentially n ded to be open for business Sept. 1 . It was the timing factor, not the fina vial factor, that led then to the conclusion that they needed to scale the p oject down. Mr. Kondr ck asked about trucks coming in and out of the site. Mr. Do an stated the number of shipments coming in would be much smaller than a Ta et store. They will only accept shipments in the morning before the stor opens. Typical store hours are 12:00 noon, except Tues. and Thurs. , when the will be open at 10:00 a.m. for wholesale customers only. The store wi 1 not be open to the public. .Jr. Kondrick stated that even though they have been assured in the past with other developments that the water run-off would not be any greater than before the development, still things have happened. This really concerned him. 3D PLVINING C%IHISSION HEETINr,, JANUARY 8, 1986 PAGE 8 4. Provide a completed environmental assessment worksheet for city review. 5. Obtain special use permits for any outside storage or auto- related business. 6. Provide architectural refinements consistent with a quality commercial development. 7. Provide a performance bond in an amount consistent with c t of improvements. Mr. Robinson stated the law says that any development with er 1 ,000 parking stalls requires an environmental assessment worksheet. Th petitioners are looking at scaling down the development in order to avoid this r quirement. However, the City was suggesting in itein #4 that the petitioner provide a completed informal environnental assessment worksheet for city eview. Mr. Kondrick and Ms. Gabel expressed concern abo water run-off--that even though city codes are met, strange things begin o happen in Stonyhrook and Springbrook after a development in this area. '1r. Kelly Doran, Vantage Properties, state the water retention questions would he subject to a qualified professio ally engineered drainage systen, subject to city code and requirements. hey will work very closely with staff to meet all concerns. ✓ 1r. Doran stated that as far as soi conditions, the current owners of the southern half of the parcel had d e sone soil tests which indicated peat from 1'z to 14 ft. deep. Additional s it tests on the eastern half of the entire site showed 2 - 8 ft. of peat ith a mixture of various soil conditions under- neath that. They will conduc further tests on the westerly half of the parcel . There will definit y be a suhstantial removal of soil . Mr. B etzold stated they most need a full environmental impact statement to answer some oft1 conc rns the Commission members were raising. Evpn though a formal environnItal assessment worksheet was not required if the development was under 1 ,000cars ecause or this particular location near the nature center, the Comniss on members would like to know ��hat ieipact this development will have on the rroundinS area even if there are only 999 cars. Mr. Doran state The Wholesale Club was the driving force behind the center which essentially n ded to be open for business Sept. 1 . It was the timing factor, not the fins tial factor, that led then to the conclusion that they needed to scale the p oject down. Mr. Kondr ck asked about trucks coning in and out of the site. Mr. Do an stated the number of shipments coming in would be much smaller than a Tar et store. They will only accept shipments in the morning before the stor opens. Typical store hours are 12:00 noon, except Tues. and Thurs. , when the will be open at 10:00 a.m. for wholesale customers only. The store wi 1 not be open to the public. 1r. Kondrick stated that even though they have been assured in the past with other developments that the water run-off would not be any greater than before the development, still things have happened. This really concerned him. COUNCIL MEETING OF FEBRUARY 24, 1986 have an actual agreement signed between property owners and the City that ties the property to this type of development. Mr. Doran stated their attorney is already working on the agreement to have it ready by the second reading of the ordiran . MDTION by Councilman Goodspeed to w 've the reading and approve the ordinance upon first reading, with e following stipulations: (1) A storm drainage plan be provided coni nt with City code; (2) Provide landscaping and berming sufficient to scr n parking and storage; (3) Scale down size of project so that less than ,000 car parking is needed or obtain necessary environmental permits; ) Provide a completed Environmental Assessment Worksheet for City r iew; (5) Obtain special use permits for any outside storage or auto r ted business; (6) Provide architectural refinements consistent wi a quality commerical development ; and (7) Provide a performance d; amount consistent with cost of improvements. Seconded by Councilman arnette. Upon a voice vote, all voting aye, Mayor Nee declared the mot' carried unanimously. Mr. ran extended his thanks to Mr. Qureshi and the City staff for th ei r orts in expediting this request. 7. I F FIRSr READINv OF AN ORDINANCE FOR REZONING R UE T (i$A 85-0 TO REZONE THE P PERrY GENERALLY LOCATED AT 1282 MISSISSIPPI STREST E. BY MARGAP= BRICKNER: Mr. Flora, Public Works Director, stated this is a rezoning of one parcel of property behind Sandee's Restaurant from R-1 to C-1 to use the existing home as a boutique and small retail operation. Councilman Schneider asked if there wold be joint parking with Sandee's Restaurant. Mr. Flora stated there are six parking spaces associated with this structure and additional parking available in Sandee's parking lot. Councilman Schneider stated his concern is if these parcels are separated in the future, how the parking would be handled. Mr. Flora stated there is a stipulation that addresses the joint parking and driveway easement. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading, with the following stipulations: (1) Business shall be open no later than 8:00 p. m. ; (2) Driveway from Mississippi Street shall be "Enter" only; directional sign to be provided; (3) Hard surface curbed parking spaces to be provided; (4) Joint parking and driveway easement with Sandee's Restaurant to be provided; (5) Business sign shall not exceed twenty-four (24) square feet in area or eight (8) feet in height; (6) Provide landscaping to screen parking from Mississippi Street; (7) Provide screening fence between rezoned property and residences to the west; and (8) Provide performance bond in the amount of $2,000. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -7- COUNCIL MEETING OF FEBRUAM 24, 1986 8. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR VACATION REQUEST, SAV #85- 06, TO VACATE THE UNUSED JOHNSON STREET DEDICATION LYING NORTH OF SKYWOOD LANE AND SOUTH OF I-694, BY JOHN POLLARD: MOTION by Councilman Goodspeed to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitz rick. Upon a voice vote, all voting aye, Mayor Nee declared the otion carried unanimously. 9. CONSIDERATION F FIRST READING OF AN ORDINANCE RECODI ING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 1 ENTITLED "LEGISLATIVE ARIE ECTION 1.02 SUBDIVISION A WARD 1 PRECINCT 1• SUBDIVISION/F, WARD 2 PRECINCT 11 SUBDIVISION G WAIn 2 PRECINCT 2• AND SUBDIVISIJ, MW 3 PRECINCT 1: Mr. Qureshi, City Manager, stated the State Panning Agency requested the City use more natural boundaries to identify wards and precincts. He stated this ordinance would change some lines in der to meet their requirements. Mr. Qureshi stated the only change wher it affects the voter registration count is in Ward 1, Precinct 1, as i removes two registered voters and places then in Ward 2, Precinct 1. MOTION by Councilman Schneider o waive the reading and approve the ordinance upon first reading. nded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, yor Nee declared the motion carried unanimously. 10. CONSIDERATION OF SPECIAL US PERMIT P #85-17 TO ALLOW INSTALLATION OF AN AUTOMOBILE PARKING LOT GEN&ALLY LOCATED AT 5600 CENTRAL AVENUE N. E. BY HRA IN COOPERATION WITH W60DBRIDGE PROPERTIES, I Mr. Flora, Public Work Director, stated this special use permit is for Lot 22, Block 10, Donnay' Lakeview Manor Addition, and involves the development proposed by Woodbrid Properties at the 100 Train Drive-In site. Mr. Flora stated e northern most lot would remain R-1 and this special use permit would all for parking on the R-1 property, if it is necessary as development pro esses. Mr. Flora sta ed the Planning Commission held a public hearing on January 22 and recommen ed approval with two stipulatins, which he outlined. MOTION by uncilman Goodspeed to approve special use permit, SP #85-17, with the ollowing stipulations: (1) Landscaping including berming shall be constr ted in a manner so as to provide a dense year-round screening betwee the development and the single family homes to the north; and (2) Light' g used for the deveopment shall be shaded or diffused to reflect ligh away from the adjoining property. Seconded by Councilman Schneider. Upo a voice vote, all voting aye, Mayor Nee declared the motion carried 'mously. Qureshi, City Manager, stated this development, as proposed, is -8- CT�ICIL MEETING OF FEBRUARY 3, 1985 permit from the MPCA. He stated they probably have air quality reports for this neighborhood, however, the main concern is traffic ,control and if the traffic can be moved in a period of time so as not tQ�c6eate problems with the air quality. He stated he cannot prejudge th' particular situation, but knowing the area, he would be surprised the MPCA considered it a major problem. He felt if someone from staf met with representatives of the MPCA, they could give a little backgr d information on this situation. Mr. Flora stated the preliminary dr ge plan proposes ponding on the site. He stated the consulting firm of Comstock and Davis is reviewing 81st for possible upgrading. No persons in the audience ke regarding this proposed rezoning. MDTION by Councilman F' Patrick to close the public hearing. Seconded by Councilman Goodspeed,. Upon a voice vote, all voting aye, Mayor Nee declared the motion carri unanimously and the public hearing closed at 8:28 p.m. MDTION by cilman Fitzpatrick to request staff to obtain further informatio , if possible, from the MPCA on potential air pollution and submit is information to the Council before final reading of the ordi ce. Seconded by Councilman Schneider. Upon a voice vote, all voting ay Mayor Nee declared the motion carried unanimously. 3. PUBLIC HEARING ON THE MATTER .QF A REZONING REQUEST ZOA -#85-03 ,' TO REZONE THE PROPERTY GENERALLY LOCATED AT 1282 MISSISSIPPI nzT-N E , BY MARGARET BRICKNER. MDTION by Councilman Schneider 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 8:29 p.m. Mr. Flora, Public Works Director, stated this is a request to rezone property at 1282 Mississippi Street from R-1 to C-1. He stated it is proposed to use this hone as a boutique and small retail operation. Mr. Flora stated this happens to be an older, historical home in the City and the petitioner felt it would be better to use it for this type of operation, rather than renting it. Mr. Flora stated the Planning Commission recommended approval of the rezoning with eight stipulations, which he outlined. Mr. Byron Larson, neighboring property owner, asked about screening between this property and his property. Mr. Flora stated staff suggested some plantings, but didn't have a specific plan at this time. Mayor Nee asked Mr. Larson if he had any preferences. Mr. Larson stated, as long as it is just a boutique, it wouldn't generate a lot of traffic and really didn't have any objection. Ms. Brickner, the petitioner, stated there is a cyclone fence which is on -5- COUNCIL MEETING OF FEBRLIAM 3, 1985 Mr. Larson's property and could put in any screening Mr. Larson wished. Mr. Larson asked if they had plans to ranove or tear down the have to which Ms. Brickner answered in the negative. Councilman Schneider stated once the property is rezoned and if it is sold in the future, there is the potential that the house cold be torn down and anything else permitted in a commerical zone could be constructed. Mr. Herrick, City Attorney, pointed out that the adjacent business, associated with this hone, is zoned commerical and the major portion of the lot to the rear is zoned commerical. No other persons in the audience spoke regarding this proposed rezoning. MDTION by Councilman Schneider to close the public heaing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearng closed at 8:35 p.m. OLD BUSINESS- 4. CONSIDERATION OF VACATION REQUESr SAV #85-06, TO VACATE THE UNUSED JOHNSON EI' DEDICATION LYING NORTH OF SKYWOOD LANE AND SOUTH OF 1-694,, BY JOHN POLLARD (TABLED 1/13/86) : Mr. Flora, Public Works Director, stated this is a request by Mr. Pollard to vacate that portion of Johnson Street between Skywood ane and I-694. He stated the Planning Commission has recommended app al of this vacation request. Mr. Flora stated there is a utility line along the eastern portion and the City has a water line running diagonally across the right-of-way, therefore, if this vacation is approved, it is recommended a utility easement be retained over the entire portion. Mr. Flora stated there was a questio raised at the last meeting if this parcel had originally come frau Mr. Pollard's property. He stated this has been checked and the property w s from the plat and therefore it would revert back to Mr. Pollard. Councilman Goodspeed stated he had extensive conversations with everyone involved and, since they were able to reach an agreement where Mr. Pollard would allow Mr. Engebretson to continue his project until it is completed, he would move the following: MOTION by Councilman Goodspeed to approve vacation request, SAV #85-06, to vacate the unuse ohnson Street dedication lying north of Skywood Lane and south of I-694, John Pollard, subject to retaining a utility easement for the entire w 'dth and length of the vacation. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion ca ied unanimously. -6- . � a THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 3, 1986 The Regular Meeting of the Fridley City Council was called to order at X7: 30 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: f f• MEMBERS PRESENT: Mayor Nee, Councilman Goodspeed, .,Councilman Fitzpatrick, Councilman Schneidand Councilman Barnette MEMBERS ABSENT: None PROCLAMATIONS: Maria Isabel Fernandez, Foreign Exchange Student Honorary Citizen Mayor Nee stated he has issued a proclamation designating the week of March 3 as Foreign Exchange Student Week in honor of American Field Service and the City's visiting member, Maria Isabel Fernandez of Chile. Ms. Sue Davis, District Representative of the American Field Service, introduced Ms. Fernandez and her host family, Mr. and Mrs. Huebner and their daughter, Heidi, of Fridley. Ms. Fernandez stated she lives in Santiago, Chile and it was her dream to come to the United States. She spoke of her family and country and of her classes at Fridley High School. Councilman Barnette stated when Ms. Fernandez registered at Fridley, he realized she spoke English better than most of us speak Spanish. He stated she was a good student and welcomed the opportunity to bring people like Isabel Fernandez to Fridley.idley. Ms. Fernandez pre se ed a flag of her country to Mayor Nee and the Council members. GIRL WEEK - MARCH 8-14 1986: Mayor Nee issued a proclamation designating the week of March 8 through 14 as Girl Scout Week and this proclamation was presented to the Girl Scout troop at "nding the Council meeting. FIRE 76TH BIRTHDAY Mayr Nee issued a proclamation in honor of Campfire's 76th birthday and its -1- contribution to the young people in the community. This proclamation was presented to the Campfire group attending the Council meeting. VOLUNTEERS OF AMERICA Mayor Nee issued a proclamation designating the week of Mare'2through 9 as Volunteers of America week in honor of those who serve in4the area of human services. APPROVAL OF MINUTES COUNCIL MEETING, FEBRUARY 24, 1986: MOTION by Councilman Schneider to approthe minutes as presented. Seconded by Councilman Barnette. Upon a v6ice vote, all voting aye, Mayor Nee declared the motion carried unanimoy. ADOPTION OF AGENDA• MOTION by Councilman Schneider to``adopt the agenda as submitted. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS• , There was no response ran the audience under this item of business. OLD BUSINESS• 1. ORDINANCE N0. ,851 FOR VACATION REQUEST, ZOA 85-06 TO VACATE THE UNUSED JOHNSON DEDICATION LYING NORTH OF SKYWOOD LANE AND SOUTH OF I-694 BY JOHN MDTIO Councilman Goodspeed to waive the second reading of Ordinance No. 851 adopt it on second reading and order publication. Seconded by cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared e motion carried unanimously. 2. ORDINANCE NO. 852 FOR REZONING REQUE ZOA8.5_-03 REZONE THE PROPERTY GENERALLY LOCATED AT 1282 MIS I IPPI ENI' _ . E. BY MARGARET BRICKNER: Mr. Flora, Public Works Director, stated there were several stipulations attached to this request. Mr. Herrick, City Attorney, stated he would suggest, if the Council wishes to approve the second reading of the ordinance, that the Staff is satisfied the stipulations will be followed before the ordinance is published. MOTION by Councilman Schneider to waive the second reading of Ordinance No. 852 and adopt it on the second reading and order publication, contingent on satisfaction of the following stipulations: 1.) Business shall be open no later than 8:00 p.m. ; 2.) Driveway frau Mississippi Street shall be "Enter" only; directional sign to be provided; 3. ) Hard surface curbed parking spaces to be provided; 4.) Joint parking and driveway easement with Sandee's Restaurant to be provided; 5.) Business sign shall not exceed twenty-four -2- SIL MEETING OF FEBRUARY 241 1986 (24) square feet in area or eight (8) feet in height; 6. ) Provide landscaping to screen parking frau Mississippi Street; 7.) Provide screening fence between rezoned property and residences to the west; and 8.) Provide performance bond in the amount of $2,000. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , 3. ORDINANCE NO. 853 RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAIrTER 1 ENTITLED "LEGISLATIVE BOUNDARIES", ECTION 1.02 SUBDIVISION A ARD 1 PRECINCT 1• SUBDIVISION F WARD -2, PRECINCT 1 SUBDIVISION WARD 2 PRECINCT 2; AND SUBDIVISION J, WARD 3, PRECINCT 1/(C)ORPOPOATE MJTION by Councilman Fitzpatrick to waive the seOrdinance No. 853 and adopt it on the second reading and orSeconded by Councilman Schneider. Upon a voice vote, Mayor Nee declared the motion carried unanimously. 4. CONSIDERATION F FI PLAT P.S. #85-07 LAKE 100 TWIN DRIVE-IN, BY HRA IN COOPERATION WITH DGE PXPEFUIES, INC. : Mr. Flora, Public Works Director, stated oodbridge Properties will be developing the 100 Twin Drive-In property adjacent Johnson property and they have submitted a plat for this Far 1. Mr. Flora stated there may be a sli variation in the exact description of the road and this would be accompl ' ed when the final hylar of the plat is submitted to the Council. He out ined the three stipulations which should be part of the plat's acceptanc . K)TION by Councilman Goods pe to approve the final plat, P.S. #85-07, for Woodbridge Properties, Inc for development of the Lake Pointe Corporate Center, with the follaai stipulations: (1) Approval of final plat is contingent upon site c trol of the Johnson property - Lot 5, Block 5, Donnay's Lakeview Mano Addition; (2) Declaration of protective covenants and easements shall submitted, approved by the City and recorded with the plat. Items of co cern shall include, but not be limited to: (a) Disposition and m ntenance of outlots; (b) Restriction of outlots usage to green space and ffer areas; (c) Maintenance of common areas; (d) Land use; (e) Prohibited ctivities; (f) Joint parking/access agreements; and (g) Other items ed appropriate by the City Attorney; and (3) Park fee, based on to sq re footage of the replatted properties as defined in the public hearing no ce, to be paid on a pro-rata basis with each building permit. Seconded Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee decl red the motion carried unanimously. 5. CONSI E TION OF EXTENDING RECORDING DATE FOR LANDMARKADDITION PLAT . 85-01 BY BERT J. MC ADAM: . Flora, Public Works Di rector, stated Mr. McAdam came before the Council o plat land between Osborne Road and 77th in order to construct a mini-storage warehouse facility. He stated the code requires the transaction be recorded at the County within 180 days. -3- COUNCIL MEETING OF FEBRUARY 24, 1986 Mr. Flora stated Mr. McAdam had a problem getting the legal documents for recording and has now resolved this issue, and requests an extension of the recording date. ; Mr. Qureshi, City Manager, asked if this application has b6en signed by the property owner. Mr. Flora stated the fee owner is out of town and would not be back for several weeks. Mr. Qureshi stated he felt this request should be tab ed until the property owner is present or application is signed by him. f MOTION by Councilman Goodspeed to table this item: Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF CITY APPOINTMENTS TO CITY COM!,1ISSIONS: APPFALS COMMISSION• Councilman Schneider nominated Jerry Sher ek, 1530 73-1/2 Avenue, to serve the seat vacated by Pat Gabel. There being no further nominations, the following action was taken: MOTION by Councilman Barnette to cast an unanimous ballot for the appointment of Jerry Sherek to trhe Appeals Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. POLICE C"ISSION: Mayor Nee nominated Mavis Hauge for reappointment to the Police Commission. There being no further nominations, the following action was taken: MOTION by Councilman Fitzpatrick to concur with Mayor Nee's nomination, and cast an unanimous ballot, for the reappointment of Mavis Hauge to the Police Commission. Seconded, by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COMMUNITY DEVELOPMENT COMMISSION: Councilman Fitzpatrick nominated Margaret Hendley, who presently serves on the Charter Commission, for appointment to the Community Development Commission to fill the seat vacated by Louis Schmidt. There being no further nominations, the following action was taken: MOTION by. Councilman Barnette to cast an unanimous ballot for the appointor nt of Margaret Hendley, 118 Craig Way, to the Community DeveloFment Commis: on. Seconded by Councilman Schneider. Upon a voice vote, all votin aye, Mayor Nee declared the motion carried unanimously. MOT N by Councilman Schneider to table the rest of the Commission a intments to the next Council meeting. Seconded by Councilman Barnette. -4- CITYOF FMDLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY,MINNESOTA 55432 • PHONE(612)571-3450 Margaret Brickner CITY COUNCIL March 4, 1986 6199 Heather Place Fridley, MN 55432 ACTION TAKEN NOTICE On March 3, 1986, the Fridley City Council officially approved your request for a Rezoning request, ZOA #85-03, to rezone the northerly 180 feet of Lot 3, Auditor' s Subdivision No, 88 from R-1 (One Family Dwelling) to C-1 Local Business) to allow for retail services, the same being 1282 Mississippi Street with the following stipulations : 1. Business shall be open no later than 8:00 p.m. 2. Driveway from Mississippi Street shall be "enter" only; directional sign to be provided . 3. Hard surface curbed parking spaces to be provided. 4. Joint parking and driveway easement with Sandees restaurant to be provided . 5. Business sign shall not exceed twenty--four (24) square feet in area or eight (8) feet in height. 6. Provide landscaping to screen parking from Mississippi Street, 7. Provide screening fence between rezoned property and residences to the west. 8. Provide performance bond in the amount of $2,000. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, (� ames L, Robinson , Planning Coordinator Concur with action taken JLR/dm Please review the noted stipulations, sign the statement above and return one copy to the City of Fridley Planning Department by March 18, 1986, ✓ '709874 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a rezoning request, ZOA #85-03, located at 1282 Mississippi Street N.E. _ _ REZONING Margaret Brickner Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 3rd _ day of February , 19 86s on a petition for rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: Rezone the northerly 180 feet of Lot 3 , Auditor's Subdivision No. 88 from R-1 (one family dwelling) to C-1 (local business) to allow for retail services , the same being 1282 Mississippi Street N.E. IT IS ORDERED that rezoning be granted as upon the following conditions or reasons: See City Council minutes of February 3, 1986 STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting rezoning with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley,. Minnesota, in the County of Anoka on the _ day of 19 DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. HAAPALA, CITY CLERK {SEAL) .t COUNCIL ME.FTING OF FEBRUARY 24, 1986 have an actual agreenent signed between property owners and the City that ties the property to this type of development. Mr. Doran stated their attorney is already working on the reenent to have it ready ty the second reading of the ordinance. MDTION by Councilman Goodspeed to waive the reading and approve the ordinance upon first reading, with the following stipulations: (1) A storm drainage plan be provided consistent wi Cit} code; (2) Provide landscaping and beaming sufficient to screen Far and storage; (3) Scale dawn size of project so that less than 1,000 caVpBrking is needed or obtain necessary errvironmental permits; (4) Pro de a completed Environmental Assessment Worksheet for City review; Obtain special use permits for any outside storage or auto relatedPusiness; (6) Provide architectural refinements consistent with a q lity commerical development ; and (7) Provide a performance bond; oust consistent with cost of improvenents. Seconded by Councilman Bar e. Upon a voice vote, all voting aye, Mayor Nee declared the motion Tied unanimously. Mr. an extended his thanks to Mr. Qureshi and the City staff for their e its in expediting this request. 7. W SIDERATIOr� OF FIRST READIrC OF AN ORDINANCE FOR REZONING REQUEST, ZOA i85-03, TO REZOr.'E THE PRDPE.;' GErZJA Y LOCATED AT 1262 MISSISSIPPI S'I'REN N. F. , BY MARGARET BRI C�-,\-EZ: Mr. Flora, Public Works Director, stated this is a rezoning of one parcel of property behind Sandee's Restaurant from R-1 to C-1 to use the existing hme as a boutique and small retail operation. Councilman Schneider asked if there wold be joint parking with Sandee's Restaurant. Mr. Flora stated there are six parking spaces associated with this structure and additional parking avai 1 abl e in Sandee's parking lot. Cbuncilrran Schneider stated his concern is if these parcels are separated in the future, haw the Fa r ki ng would be handled. Mr. Flora stated there is a stipulation that addresses the joint parking and driveway easement. MIOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading, with the following stipulations: (1) Business shall be open no later than 8:00 p. m. ; (2) Driveway fran Mississippi Street shall be "Enter" only; directional sign to be provided; (3) Hard surface curbed parking spaces to be provided; (4) Joint parking and driveway easement with Sandee's Restaurant to be provided; (5) Business sign shall not exceed twenty-four (24) square feet in area or eight (8) feet in height; (6) Provide landscaping to screen parking from Mississippi Street; (7) Provide screening fence between rezoned property and residences to the west; and (8) Provide performance bond in the amount of $2,000. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion c4rried unanimously. -7- MARGARET BRICKNER REZONING #85-03 STIPULATIONS l , BUSINESS SHALL BE OPEN NO LATER THAN 8 : 00 P , M , 2 . DRIVEWAY FROM MISSISSIPPI STREET SHALL BE "ENTER" ONLY; DIRECTIONAL SIGN TO BE PROVIDED . 3 , HARD SURFACE CURBED PARKING SPACES TO BE PROVIDED . 11 , JOINT PARKING AND DRIVEWAY EASEMENT WITH SANDEES RESTAURANT TO BE PROVIDED . 5 . BUSINESS SIGN SHALL NOT EXCEED TWENTY-FOUR (24) SQUARE FEET IN AREA OR EIGHT (8) FEET IN HEIGHT . 6 . PROVIDE LANDSCAPING TO SCREEN PARKING FROM MISSISSIPPI STREET , 7 , PROVIDE SCREENING FENCE BETWEEN REZONED PROPERTY AND RESIDENCES TO THE WEST , 8 . PROVIDE PERFORMANCE BOND IN THE AMOUNT OF $2,000 , 716076 076 EASEMENT This Easement dated this day of �, , 19 . , by and between Margaret A. Brickner and Thomas E. Brickner, husband and wife, William F. Weiss and Shirley J. Weiss, husband and wife, Anna M. Leffingwell and James E. Leffingwell, husband and wife, and Brickner Builders, Inc. , a Minnesota Corporation. WHEREAS, William F. Weiss and Anna M. Leffingwell are the fee owners, and Brickner Builders, Inc. is the Contract for Deed Vendee of certain real property legally described as follows : The South 50 feet of the North 245 feet of Lot 1 , Auditors Subdivision #88 , Anoka Count', Minnesota; and WHEREAS, William F. Weiss and Shirley J. Weiss are the fee owners and Margaret A. Brickner and Thomas E. Brickner are the Contract for Deed Vendees of Lot 3 , Auditors Subdivision #88 , Anoka County, Minnesota, and WHEREAS, the fee owners and Contract for Deed Vendees of Lot 1, Auditor ' s Subdivision #88 hereto wish to grant an easement for egress over a portion of said Lot to the fee owners and Contract for Deed Vendees of Lot 3 , Auditor ' s Subdivision #88 . NOW, THEREFORE, for One Dollar and other good and valuable consideraton, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby covenant, agree, convey, grant and accept as follows: 1 . William F. Weiss and Anna M. Leffingwell and Brickner Builders, Inc. , hereby grant, convey, and quit claim an easement for egres-• o,�er and :cro s the South G0 fect of the North 135 feet of Lot 1, Auditor ' s Subdivision #88 , Anoka County, Minnesota, which easement shall be appurtenant to and for the benefit of the owners, their successors and assigns , heirs and personal representatives , of Lot 3 , Auditor ' s Subdivision #88 , Anoka County, Minnesota. 2 . The owner of the property subject to easement areas shall be solely responsible for liablity insurance on that portion of the Property owned by them covered by the easements . 3 . This Easement and the covenants and conditions con- tained herein shall be binding upon the heirs, personal representatives , successors and assigns of the parties hereto. 4 . The parties hereto hereby grant to one another the right of access to any improvements located in the easement areas described herein for the purpose of maintenance, repair, construction and replacement for any improvements located in sai.d easement ar.sas . No party shall disrupt the use of the easements set forth herein and shall not block, obstruct or park on said easements except parking may occur where designated. STATE OF MINNESOTA ) ss . COUNTY OF ANOKA ) The foregoing was acknowledged before me this 10th day of June, 1986 , by Thomas E. Brickner, the President of Brickner Builders , Inc. , a Corporation under the laws of Minnesota , on behalf of the Corporation. L THIS INSTRUMENT WAS DRAFTED BY: HERRICK S NEWMAN, P.A. 6279 University Avenue NortheastVIRGIL C. HERRICK lwyJN'. Fridley, MN 55432 Jj� w`` NOTARY PUBLIC—MINNESOTA ANOKA COUNTY .: My Commission Expires June 2,1991 "NO DELINQUENT TAXES AND TRANSFER ENTERED" 19 Au itor, Anoka Coun 4 Depute IN WITNESS WHEREOF, the parties hereto have set their hands the day and year above first written. MARGARET A. BRICKNER OMAS E. BRICK WILLIAM F. WEISS SHIRLEY J. SS ANNA M. LEFFINGW � �O, XESe,LEFFINGWEI,t4, U0 BRICKNER B ILDERS, INC. BY L 1 �L �X� I{!'f STATE OF MINNESOTA ) } ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this /o day of ' 19 S&I , by MARGARET A. BR CKNER AND THOMAS E./BRICKER, h sband and wife.- / i Notar --Public ------------ STATE OF MINNESOTA ) :� .. VIRGIL C. HERRICK ' 446 NOTARY PUBLIC—MINNESOTA ss . % ANOKA COUNTY ` COUNTY OF ANOKA ) ..? My Commission Expires June 2, 1991 op The foregoing insturment was acknowledged before me this -day of , 19 6� , b WILLIAM F. W IS� SHIRLEY J. WEISS, husband, and wife. Not rV, RGIL C. HERRICK x STATE OF MINNESOTA } ARY PUBLIC—MINNESOTA ss. ANOKA COUNTY COUNTY OF ANOKA ) mmifsfOn Expires June 2,1991 The foregoing instrument was acknowledged befor me this f D '_�- day of �,,2.. , 19 , by ANNA M. LEF INGWELL AND JAMESELEFFINGWEL , hus and and wife:. Notar Public VIRGIL C. HERRICK it 0 NOTARY PUBLIC-MINNESOTA ANOKA COUNTY My Commission Exairviz June 2. 19•