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ZOA66-03 IJ (official F XIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: 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, N. E., on April 14, 1966 in the Council chamber at 7:30 p.m, for the purpose of: Consideration of a request of Erickson Petroleum Corpora- n ore ited multiple dwelling) to C-2 (general business districts) or in the alternative C-1 (local business districts) the follow- ing properties (210, 222, 230, 240, 250, 260. 278, 280 57th Place Northeast, Fridley, Min- nesota.) the legal descriptions of said prop• erties being: Lots 1, 2, 6, 7, 8, 9 and 10 in Block 7, City View addition to the City of Fridley, and Lots 2, 7, 10, 11, 12, 13, 14 and 15 in Block 8, City View addition to the City of Fridley. County of Anoka. State of Min- nesota. Anyone desiring to be heard with reference to the above matter may be heard at thiF time. KENNETH L.KRAVIK, Chairman Planning Commission (March 30,April 6,1966)—TC-2A I - 20 Nu r,�.; a s ,� e°<:by ej.vvn r, at. V;+'*rt �+i 11 b* a pmbl.ic heariy4z PlatFxiin Commission. of tl3e City of Fridloy in tke Ci?y H&13. a1 64z. University A.,-t:,n t,:, N. E. purposs t^ to t-.f a r..isgta.est cif' Er•ickoon Corporatlaan to riizc,n"� !'r-)m —2 Q Umat usd mrAlti.gi.-,,t dvn',I ing t.,l C-2 (Aerleral.l hisszn+�ss �i=y 9:r Y cl e l e:ir an t .,aa 9.1 r.ernative C'..,t i,bvtc a;l, but,In*ss disf,2';l.r,t,e 3 tr'1mi fo33,owIn. " 210p , 30• 240, 250.., C-6ce, 276. ;N30, ^, P:Iac"o, Nor-tho-t it FrAdloqy, ?lsnxjasut.a.. ter ltga..l da�.,scalptims of iajd ta:rcpr�x�ti�s ta�r*��;: UltS 1, 2, 6. 9, ��,�.szti 1i.; wi B'oe� k t, City VIg.,w addiLion to thtf City cl Fridley, and lots 2, 7, 10, 1.1 , - 12, 17 , .1.1, smil 11 .in .f.?.rs.-k 8, G:1ty Vi.,,),w addili.on t,, ttjo C:=_-±:Y Of F'r_td'it3y, tai TAnty Of Anokv, Stat,- ,rtf M.inrwsej+e... &nyoxsl� desiring, to bo hor-a.r,d wLt,t;t Lo the abovb mattitr m,��,y° be br>&rd at this time. t;1',rrim • Juno sa 1966 GITY OF nIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MINNESOTA TO WHOM IT MAY CONCERN.- We regretfully have to inform you that due to the lack of a quorum, there± will be no meeting of the Planning Commission an ,June 9>, 1966.; All Public Hearings and business will be continued until the next regular meeting of Junes 23, 1966 (Thursday) at 7x30 P.M. KENNETH L. K'SAVIK CHAIRMAN FLANNIM G001ISSION r. %''•, q vJ 59TH AVENUE N.E.07 4 r—. •�•� N M 1a I t .r r rF - /7 /N /' iy /7UJ* 58TH AVENUE N. E. r. /•, °. i,.vr iirtr r, .: ,.•N.•!O ._fN' 1.P i r , ;,^ .y V T- 1 V �'� V 4'r•. •I, V U:.r ,' /1Vv I `• , Vi b4 :i_ <Y•. AVE. ol � .. .. ../i 5 !6 7' 13 B 9j/O.// '/2,/,31 !Z ; ;�4 S 6 I9 A0 /Zt r a ` 57 TH ,JB_t- T3/fr6j.19 F o/ 17 4j.0 6 kd /c/i ,;:! /3 >y ¢ ,� /%' r, .. F• .. ..ti. ... //4 CORNER i Nwy�as,.J- ---- SEC. 23 r i Erickson Petroleum Co. (Holiday Village - North) ZOA #66-03 Lots 1, 22 6 thru 102 Block 7 Lots 2, 7, 10 thru 153, Block 8 City View Addition Rezone from R-2 ' (limited multiple) to C-2 (general bus. dist.) or alternative C-1 (local bus. areas) 8-1966 April 18, 1966 Opposed to: Rezoning of property along the south side of 57th P1ace, N.E. ___ from residential to commercial, or any other zoning category other( h n re 'de�tial. . .� . , _, L✓�4�.�. to • � J • wA ' OP a-It J- i n 7 i S f 1 Lye 7-4 l n 4 a ` 7 MAO .. f 2 en 49 17 Ar- 77-77-7 v i . � g l yt �� j � ti •... , 0-7 ._ � - —..` t c. E _. � - y' t � - (� a---`.�- v� 'V __-.� Q 5,..._ n` �f.. +� ✓Il?/•�?C.-� a+ •i V �• r 1 r ! - t 7'w �P r5(• r- s' �+� n ? q - i - le717 17 :J•�.: SS ..-7i r/ �3 .. r /1�:9 �t. AV t..,. .. a t. Y a p - . r' i ._a a ,, a, eY. 5 S �'� `i i '� Z y •s y'.. :. ,� _ .._. r' a Sead —4 ay J-"� —`--1'�T�•."T,J: ;o i•_ G'.+' f� �a� >? aD E'� G• �i .r.' ^t �� r 4• . _ .. .� � ��. _._ 14 k "'.•._..•—r --,�•=.'qac �?j �, ; .. j _ I I ,. i �� 'Z4 � i. 5 l `. r± i.. 57 T,,-', ISa4[ �'T a/!•Cl.'f i .�. t �� rl+// .,� J3./�',�'y� r1, ;+ �i .l� �5 �� 1�. a) '�O, � �.,/_•3'r�+c 5y Y,,GG •� jc' ! � S" .• ! � � � _ ;/� ,/t^ '.�eau v C .._ � ., . 1 t 1 I � i I Y1i 1v :U 1'2.Y vV. v !r: S w`..'�: iON AP, G<.INST REZOiv�I,\1G FROM R-2( LIiNaM T TO C-2 ,( GENEFr,i, PUSI NE DISTRICTS ) OR. 1 ( :LOCAL S DIS^' ACTS ) OF ALL s.OTS IN BLOC-K 7 AND 8 CITY VIV ADDITION TO m r„-,r-: i. C l 0 r r1DLSY Tom%7-�;2 5 7 iCV L ":/�f�-• /l�'c'�z-C.�;:�..�-iii �?��'�S � � �.� �� t r� L f nl J For Erickson Petroleum Rezoning ZOA #66-03 Re: June 6th meeting. Delivered: � ' .-if 262 57th Place .� 260 250 - 240 y 230 226 1 "9 222 % 218 i 216 210 ` . 6_-,281 280 278 Mailed to: Planning Commission Members LWV - Mullin - Tomczak NOTICE OF IMULI G Public Hearing on Rezoning AUsqu st ZOA. #66-03 » Erickson Petroleums Company - to rezone from R-2 to Cw1 or C-2r Lots 1£ 2, 6 through lOs Blank 7s and Late 2, 7, 10 through IS, Block 8, City View Addition origimally advarticed to be held on April 149 1966 and cautinued to May 12, 1966 will be continued to Thursday, Jun€ 9., 1966 at 7 030 Pomo at. the Pridl,&y City 1',all, 6431 UnLversity Avenue N.Z. The petitioner for this rezaning, Erickson Petroleum Company, has asked that the hearing be continued. They have been unable to complete the documotat:io n that they feel is necessary to support their petition. The City Attaxtoy has advised the Pl i ing Ciss ion that it is not good policy to close a public hearing without having heard frvim the Petitioner at such a hearing. KE'P7J13M L. KUVIK CHS IAN OF PLANNING COWaSSION May 9, 1966 gc.i.9mr, �5 re oardin Recommendations g HOLIDAY CENTER RE-ZONING REQUESTS ior: —":-IE CITY Or FRIDLEY, MINNESOTA i by: HODNE ASSOCIATES.INC. ARCHITECTS/PLANNERS f. t ' 6/20/66 The discussion below represents our review and recommendation concerning the extension of commercial development associated with the Holiday North Shopping Center. . Development Requests Essentially, the request made by the developer, as we understand it, is as follows: 1. To re-zone the land between 57th Avenue and 57th Place from R-2 to C-1 to permit construction of a garden store and an auto service store on selected lots. 2. To permit commercial development, including a gas station on the land facing University Avenue just north of 57-1/2 Avenue. Recommendations concerning each of these requests are presented in the i discussion to follow, preceded by an analysis of neighborhood characteristics I in the general area of the site. ` Area Considerations The area surrounding Holiday Center is shown on the accompanying sketch. Access points for the commercial development are shown and the intersection of 57th Avenue and STH 47, which will obviously be the primary access point, is indicated as the Center's "major regional, multi-community access/egress point". ' O"_. J�. ' CEN_ ER AREA . / - 4 _. � Mississippi Street i sem , t (( t 61st Avenue � ; .{Unive-rsity Avenue Request) Requested Commercial tx . j Development z t (57th Avenue Request) 1 p ,�.•::': : (2) T rafic from the East River Road area can gain access from the proposed extension of 61st Avenue. Traffic from the north and south can gain access via STH 47 and traffic from the east can gain access from 57th Avenue. Thus, residents in all directions have or will soon have access to Holiday Center via existing or proposed roads. The continuity of neighborhoods surrounding the two proposed developments should also be noted. The requested development to the north of 57th Avenue abuts an almost fully developed residential neighborhood. The requested development fronting University Avenue would be adjacent to residential developments on the east and close to the dilapidated commercial developments to the north. In recommending actions for the two requests, the future integrity of the two neighborhoods roust be considered. Neighborhood Considerations The important characteristics of the existing development in the immediate neighborhood of the two requests are indicated in the neighborhood map on the next page. Two very important factors to be considered in the recommendations to follow are the existing land and zoning uses in the immediate neighborhood of the proposed development and the traffic relationships between the existing and proposed development. 57th Avenue Request The area directly north of the proposed site is zoned for limited (two family) multiple family dwellings. This area is virtually fully developed at present HOLED A e CEN-1'ER ^Ts�wE l?BORc3O0D , EF.istinz land uses h ave high traf: is generation characteristics (multi-family, commercial i raf is genera ted by existing land uses tends to be mixed in character. 37th Avenue serves as a major collector for most of the existing land uses. Since the rite fronts on 57th, its internal circulation pz.ttern will be critical. C-2 conhmercial district all along University Avenue backed by an R-2 Distric, �- 61 st Avenue p x 60th Avenue p o ; � . • r •University Avenue Request. 57-1/2 Avenue NE I� 57th Place 5 7oY2 Ave. Re que✓,: 57th Avenue 3 i LT�� 4 �� . 1SE.lJ'.day C u r \` _"----�--�=•=.�__ :.- _ Interstate 694 ti �L.J j L::_:, ng Rezidentaa' (single family) 00 Exizt,..n g Residential (multi-farr;ily) Existing (Cox—icier cial C ❑ E:-zist inn- G�.'.y t� c. `✓ Yw 0 1:.i;.oJ.1 pa at or didapida ed v-ses. CLi Y 01T 2 RIDLEY TZCHNICAL ASSIS'T'ANCE REQUEST N 600 feet zHODNE ASSOCIATES ARCH:T.ECTS/PLANNERS `"^� -�, - uu_ (3) and is predominantly in mixed single family detached dwellings and multiple family dwellings of from 2 to 12 units, as the map indicates. The table 'below presents the specified land uses within the area bounded by STH 47, Main Street, 57th Avenue and 61st Avenue. TABLE 1: HOLIDAY CENTER NEIGHBORHOOD LAND USES Use Category Number Percent of Total Single Family 148 77 Multi-family 40 21 Less than 4 10 5 4 Unit s 21 11 More than 4 9 5 Commercial 2 1 Industrial 1 1 Total ,190 100 Source: 1966 Field Survey To the west and southwest, the land is zoned for heavy industrial uses and a light industrial district is toward t'-ie northwest. Existing development in these areas consists of three light industrial establishments to the north and one heavy industrial establishment to the southwest. Holiday Center, of course, lies to the immediate south. Virtually all of the development in this area is in sound condition with one area of exception being a concentration adjacent to STH 47. • Most of the uses in this area, we believe, will tend to be replaced through market forces. In any event, the one industrial use and the two commercial establishments are not compatible with the residential character of the neighborhood and their eventual relocation should be encouraged. Traffic in the area tends to be high and of mixed character, composed of passenger car, light truck and semi-trailer truck'traffic. Access onto STH 47 and Interstate 694 for this traffic is via 61st Avenue or 57th Avenue, southbound access on Main Street, and with possible future access onto East River Road via 61st Avenue. .'here is no likelihood of 57th Avenue being extended to tie into East River Road. University Avenue Request The strip fronting University, including the site of the roposed development, is • zoned for general business; however, existing uses are limited to two.single family detached dwellings, one of which was recently condemned. To the east of the proposed development is a.-fully developed limited multiple family district. The proposed development will affect residences in this area. With exception of the condemned dwelling the existing structures surrounding the site are sound. Traffic in fro= of the proposed development is expected to be relatively high but composed almost entirely of passenger car traffic. While care should be taken to insure that future traffic conflicts are held to a minimum, the problems are not as severe in this location as for the 57th Avenue proposal. Development in this area will establish Fridley°s entry character for the majority of the travelers on STH 47. Consequently, consideration should be given to the visual quality of the entry developed. Development Recommendations There are several general site considerations relating to both development proposals. For each proposal, the specific recommendations are preceded by (5) a discussion of significant site considerations. For both sites, the nature and quality of existing development and traffic considerations make sound site planning particularly important. 57th Avenue Recuest The following general site considerations are important: I. 57-th Avenue is and will continue to be a major traffic collector for residential and limited commercial and industrial uses. Consequently, co. deration should be given to the following: a. Pedestrian traffic across 57th Avenue should be avoided. a. Sufficiert "stacking" distance should be provided for vehicles waiting to enter onto STH ,,1-7. C. Curb cuts or traffic access points in the "stacking" area should d be avoided. 2. Traffic characteristics on 57th Place should be restricted to those of a -residential neighborhood street, as at present. Commercial uses should not front this street. 3. Great care should be taken to buffer the residential uses facing south on 57th Place from what is proposed to be the rear of commercial uses. Residential uses adjacent to whatever development is proposed should also be considered. (v 4. High volumes of traffic through the residential neighborhood to the north should be avoided. To preserve and to protect residences in this area construction or designation of a service road or other major access to the Holiday Center Development should not be permitted. Through access should also be discouraged. Recognizing the above, our recommendations for the development of this site are as follows: 1. Development of the entire site must be considered. We believe that single family uses (as at present) are inappropriate because of the high volume, mixed character traffic on 57th Avenue and the high intensity commercial development to the south. Development of the site into multi-family uses would be appropriate and, as a second choice, the proposed commercial development would be acceptable. This assumes, of course, that the residential areas to the immediate north are buffered adequately. Our first recommendation then is to develop the entire site, from Main Street to STH 47 into a strong complex consisting of either multi-family or commercial uses. 2. Development of part of the above is less desirable than total development, but if total development is not possible, then development of contiguous commercial uses is the second preference. This would mean acquisition of the multi-family unit. Buffering of all adjacent residential uses would be required. i7j 3. Reco-nizing ,he acquisition Aproblems, selected new development as a less than desirable compromise solution might be acceptable. However, to protect existing uses and prevent traffic problems, specific controls are required. Recognizing the land acquired at present, an acceptable development pattern could be as shown on the next page. Note the two proposed street vacations between 57th Place and 57th Avenue. The purpose of these street vacations is to prevent disruption of the existing residential development to the north by high traffic volumes. A natural buffer between existing res-idential development and the proposed commer- cial development would be required and efforts to preserve existing topograp tic variations as an additional buffer should be encouraged. A desirable method of buffering is as shown in the sketch below: 57TH AVENUE REQUEST: SITE DEVELOPMENT REQUIREMENTS 3" ashlar maple 30' o. c. or ash 40' o. c. continuous hedge Buildable Area �10' 57tH Place � Property Line 57thvenue 40 feet 5 717H 2'!VENUE REQESs i 5Stlh Avcnue NE .r•.., � � ...-- ti.,.. �,!, /'.moi• 10 . iLAVi ?1tiC lei y { y_ ✓ 57th P_wce Se,-„LL StiO e k Garden Store q 47 i Existing Parkins, (1, 010 spaces) T`OLIDAY CEI'1`zER. pp f • ' i c� V) Commercial Multi-family Residential ¢ Single Family Residential Interstate 694 �+ existing No t n Pavement men t i Duffer s� Buildable Area k -° - A6cess CIT`.' OF FRI.D LEY T F•CHrIQCIAL ASSISTANCE FODNZ ASSOCIATES A1.CHITECTS/PLAN-,\,ERS ` x.'..00 feet A t8J Access should be restricted as shown. Development of the two isolated parcels to the west of the site should not be permitted unless other acquisitionsP ermit a designed development. Parking for the two proposed c omme rc ial establishments is a critical factor. To avoid pedestrian crossings on 57th Avenue, it is very important-that sufficient on-site parking be provided. Friciey's present zoning requires two different amounts of parking for uses similar to those proposed. One parking space for each 500 square feet of ground floor commercial use is one requirement and three spaces for each 190 square feet is the other. The table below presents the parking spaces required for the buildings proposed by the developer: TABLE 2: PARKING REQUIREMENTS Parking Spaces Required Parking Area Required Building Dimensions High Low High Low o 160 SF 1 40 000 SF 5 Garden Store 7o x 100 12G 5 , Service Center 75' x 160' 190 24 65, 000 SF 8, 160 SF 340 square feet per parking space including circulation. Fridley's zoning requires 200 square feet per parking stall plus space as required for circulation within the site. Given the dimensions of the parcels under consid- enation, the circulation patterns possible indicate that approximately 340 square feet per car is a reasonable estimate of required parking area per car. Using this figure, estimated parking area requirements are as shown. The wide range should be noted. (9) It is our opinion that desirable on-site parking for the two uses proposed should be between the two fi!ures shown; but again, it is very important that sufficient on-site par:cin; be provided. The "evelopment pattern suggested permits in excess of 70 to 80 parking spaces for both the service center and the garden store for parking ratios of roug dy 2 or 3 to 1 (parking area to floor area). We believe this to be adequate and suggest that Holiday Center's lot to the south be used to satisfy the excess required by Fridley's present ordinance. Note that if the service center is placed on the eastern parcel, the smaller site reduces the available on-site parking ratio to approximately 1 to 1, which would not be adequate for uses of this type. Given the sites shown, the proposed service center should be restricted to the larger, middle parcel; and the proposed ;;a-rden store should be restricted to the eastern parcel. �Tla recommend the indicated portions of the block between 57th Place and 57th Avenue be re-zoned from R-2 to C-1; that the remainder of the block be so re-zoned when circumstances permit, but that for the present, the R-2 zoning be retained to facilitate control; that access points be restricted to the areas shown; and that a vegetative buffer as shown on pages 7 be provided all around the proposed developments. For parking purposes, the two proposals should be considered as drive-in establishments with 3 parking spaces required for every 150 square feet of commercial use. (Z0) University Avenue Request The follow--n- si::,� considerations are important: 1. The sound residential development to the immediate east of the site will be af'ected significantly by tha development within the site. Also, the character of development within the site will establish the character for the vacant area to the north of the sate. Consequently, future development of the entire strip from 57-1/2 Avenue northward should be considered. 2. A strip commercial development along University Avenue will restrict traffic movement and the limited lot depth will prevent development of an adequate front parking area for Moon Center to the north. 3. The aesthetic effects of a strip commercial development will be detrimental to the visual character of the City of Fridley. -refore, we recommend that: 1. Development of strip commercial along the tract should be prevented and the parcel should be re-zoned from C-2 to R-3. See last page of report. Z. An appropriately designed group of row or townhouses, possibly as shown in the sketch on the next page, along the entire strip would serve to buffer the lower density residential area to the east, would preserve the residential homogenity of the neighborhood, would serve as an acceptable adjunct to the University Avenue service road, and would improve the visual character of the City. � l) U\TIV E�tiS T Y AVEC � E `JEST: POSSIBLE TOWNHOUSE DEVELOPMENT i yy 11,,21 Courtyard wall Townhouses i s ( l University STH 47 1� Poge_ y Line 4! Aveue '� e �40 feet .3. Since the area is more than adequately served by gas stations, another station should be discouraged. r, r m l 60'h Avenue u 1 LI 9 M Lr k' 1 A I r t 9 i u TO Commercial 2 Family Residential ' s L-,� •� Single Family Residential R �1✓'f',� Vacated Pavement. 57'41h Place10 57th Avenue.� 800 feet '"77"TI)LEY TECHNICAL ASSISTANCE �' -- J1 - -'9 ERICKSON PETROLEUM CORPORATION J 1422 WAST LAKE STREET MINNEAPOLIS 8.MINNESOTA a , - 1 September 26, 1966 G\ The Honorable Mayor and City Coimcil City Hall City of Fridley, Minnesota Gentlemen: It is our understanding that at the regular meeting of the Fridley Planning Commission last Thurs&.y, September 22, a matter which had been scheduled by Mr. Joe Zizack was heard and acted upon. Not having been in attendELnce, we are not sure but believe that the matter had reference to the for>riation of a cul-de-sac at the end of Third Street extended and its junction with 572 Avenue N.E. It may also have dealt with the vacation of 572 Avenue N.E. West of this intersection. This letter is to inform you that our company now holds title to properties on both sides of 57�, Avenue N.E. at this intersection as we.'.-' as other properties to the West and fronting on 572 Avenue N.E. - Because of this change of ownership in the area and whereas our company is now directly concerned, through ownership, in the development of this area, we respectfully request the City Council that if any recom- mendations are received from the Planning and Zoning Board, that these recommendations be tabled pending further study of the entire area and this corner in particular. Very sincerely, ERICKSON PETROLEUM CORPORATION I Keith Holvenstot KH:ms J ERICKSON PETROLEUM CORPORATION O r 1422 WEST LAKE STREET MINNEAPOLIS 8,MINNESOTA R►�`R F , March 18, 1966 The Honorable Mayor and City Council Planning and Zoning Commission and Mr. Earl Wagner, City Manager City Hall Fridley, Minnesota Gentlemen: It is the desire of the Erickson Petroleum Corporation by means of this letter to petition for the rezoning of certain property which lies between 57th Avenue and 57th Place and between Main Street and University Avenue. The present zoning of this entire parcel is R-2. We are asking that this zoning be changed to a commercial zoning which would permit the construction of buildings and the conduct of businesses auxiliary to our main store which is located directly to the South of 57th. Conforming to the advice of City Officials, we hereby request the rezoning of the following specific parcels of property which lie within j the area above described: r Lots 1, 2, 6, 7,8, 9 and 10 in Block 7, City View addition to the City of Fridley, and Lots 2, 7, 10, 11, 12, 13, 14 and 15 in Block 8, City View addition to the City of Fridley. We will greatly appreciate your setting this matter for public hearing as quickly as possible. Very sincerely, ERICKSON PETROLEUM CORPORATION By �� Keith Holvenstot KH:ms �� 3W 1 p (Official Publication) J OFFICIAL NOTICE s' CITY OF FRIDLEY if PUBLIC HEARING BEFORE THE BOARD OF APPEALS a TO WHOM IT MAY CONCERN: c NOTICE IS HEREBY GIVEN THAT the Board of Agpeals of c C the City of Fridley will meet in the Council Chambers of the City t Hall at 7:30 o'clock p.m., Wednes- f day, June 8, 1966 to consider the following matter: 1. Request for a variance from Section 45.252, City Code ofl I Fridley, Minnesota 1963, Re- vised December 1964, by waiv- er of 25 foot rear yard on C-2 abutting residential and a 1 variance from Section 45.254, City Code of Fridley, Minne- sota 1963, Revised December 1964, by w a i v e r of require- ment of 10 feet of rear yard to be within the property line to permit construction of build- ing 1 foot 4 inches within the property line, on Lots 6, 7, 8, & 9, Block 4, Bennett Palm- er Addition, Anoka County, Minnesota, same being 250 — 57th Avenue. (Request by Erickson Petroleum Corpara- es Lake �f eet, -NMneapolis, Minnesota 55408). Anyone desiring to be heard with reference to the above matter wall be heard s meeting. HARRYuNAWROCKI Chairman, Board of Appeals (May 25,June 1, 1966)—TC-2A 20 N17 CZ OF HEARING Public Hearing on Rezoning Request ZOA X66-03 » Zrickson Petroleum Company - to rezone from R-2 to C-1 or CN2, Lots 1, 29 6 through 10, Block 7, and Lots 2, 7, 10 through 15, Block 8, City View Addition origin4lly advertised to be hold on April 14, 1966 and continued to May 12, 1966 will be continued to Thursday, ,June 9. 1966 at 7:30 P.M. at the Fridley City Hall, 6431 University Avenue N.E. The petitioner for this rezoning, Erickson Petroleum Company, has asked that the hearing be continued. They have been • unable to complete the documentation that they feel is necessary to support their petition. The City Attorney has advised the Planning Commission that it is not good policy to close a public hearing without having heard from the Petitioner at such a hearing. KRIOM L. KRAVIK CHAIRMAN OF PLANNING COWaSSION May 9, 1966 1 September 8, 1966 NOT I C E THE CITY COUNCIL WILL CONSIDER, ON SECOND READING, AN ORDINANCE TO REZONE FROM 8.2 TO C-2 THE ERICKSON PETROLB3m COMPANY PROPERTY ON 57TH AVENUE NORTHEAST LEGALLY DESCRIBED AS: LOTS 1 AND 2, AND LOTS 6 THROUGH 12, BLOCK 7, CITY VIEW ADDITION, AND LOTS 7 THROUGH 15, BLOCK 8, CITY V13W ADDITION. THE MEETING WILL BE AT THE FRIDLEY CITY HALL, 6431 UNIVERSITY AVENUE NORTHEAST ON MONDAY, SEPTEMBER 12, 1966 AT 8:00 O'CLOCK P.M. FOR RTTHE�CITY COUNCIL 6D, W EARL P. WAGNER CITY MANAGER Fl .nnina; Commission Me3eti:x „- Marc .4 1266 Pays_6 1I . ORDINANCE ST`�.W: MC?TI('21 r r8a s r s� and a,b Ba del :that t`n.1e Plannim Commission rwcomm-dnd to Council ihat there is no char n". d at thIs�tinps .fQrxth�a^d►� tine �n awf p_?..c►a�sir} .cede and t.��ai;�i-arU*r ctnsideration of HouFsing Cad# a�i�s�.�nt bi; dafwrred until auch time as it�is nr*sewnt@�]t��• Upon�a voice •atatee, the 12. REZONING REQ,MT: ZOA J66-021 EMI RIEDEL: Pard]. 4800 bounded by Mississippi. Street on tThe Neartk+, r"St,reut on the East, 63rd Ateenus on the South and 51h Streeet on the West. Rapre•seented by Pail A. Skjervold, attorney. Tho matter of insorting in the public !)etar i.ng 1erszone all or part of this land" was discNuss«-d and the Planning Commisainn -would like to ask the new City Attorney for an opinion. MO'II(,,,N by I3 :,n E.a socon(Lid by B±=cgman, v,is` i City Manag_r lnt insfractsd to request an opinion from the; City A-mr.n,�y can legality of inserting in t;riM3 public hoas:ings "rezone all. yr part of this I'and" and, if legal. to advertise public hearings on I-hems #12 and #13 in sucA a way so as to allow the maximum flexibility im th& amount of the 'hand affsacted and the zonings to bo considered. Upon a voico vote, the motion. carried. MOTI0N by Bergman, seconded by Hughes, tlaai, th* Planning Commission sett a public hearing date of April 14., 11966 for rezoning request, ZOA #66-02, Emmy -Riedel, Pexcel ,4800 bounded by Mississippi Street on the North, r Street on the East, 63rd Ate.nue on the South and 5th Street on tbR West. Upon a voice vote; the motion carried. 13. RIMONING, REQUEST ZOA #66-03,MICKSON PETROLECM CORP.: Lots 1, 2, 6 tiara 10, Block 7, City View Addition and Lots 2, 7, 10 thr^x 15: Block 8. City View Addition 'lie:s bietwee�n 57'� Avenin 2nd �7�' P.tace between Ma�jin Strut and University Ive mje). Rezone from R-2 to a comne<rciar, zoning. MOTION by Ber_r;xan, Rezcondmd by Hug,'nes,s, that the Planning Commission set a pubis hearing date of April. 14, 1966 for rezoning re=quest, ZOA #6603, Erickson Pi�trole?3un Corp. of Lots 1 ,2,6 tgmi 10, Block 7 and bots 2, 7, 10 thrc 15, Blr,ck 8, 'Ji.ty View Ad.d.i.+tion, to r+4zont from R-2 to a commercial zoning. Spon a voice vests, the mction ca_rrl.ed. 14. POSSIBLE SWCIIL USE POYaT IN CQXnjVCTION WIIH,:QWRCING ORDINANCE NO. 222-- Thr, 95:The, Commission, after reading the letter .frcm A11,@n O. Iensen, Building Inspi�etor,, dated March 22, `1966, decided that tae CkLy Attorney s oial.d be ccnsultAd and ask6d to draw up scmestbing along tree lines suggested in this .letterr, having i.4 ready for thte next discus,ions ms,dti.ng wliich would be April 28, 1966. MOTyiC1N by Hughpa, seconded by Berginan, that t�be Planning Commission ask the City Attorney to m��t with the Comwiss3ion on file 28th of April for the purpose* of discussing the letter :from Al.-Len ,Se nsen, Ba.ilding Inspector, dated March 22, 1966„ and Ordinance 1#1295 and Ordinance #P- ,i, Upon ee voice vote, the motion carried. T Planning C'aer mUsLeu Meeet Aril 141966 Pae A ` 3 o PVA"-•C I'B ARING o RIMMING HUffi• (ZOA #66-03). WCXSON rOlilim CORP. . Lots 1, 2, 6 thru 10, Block 7, and Lots 2, 7, 10 thru 15,-' Block 8, City View Addition. Rsaone from 1m2 (limited multiple family d"llings) to C-2 (general busiu"s districts) or in the alternative, C-1 (local business districts). It was explained that the Srickscon Petroleum Company called this day to ask that the public heaaring be continued until the next meting beacausc the plans from out of town had not arrived. The people present interested in this item had a discussion with the Planning Commission. They were interested haw a public hearing can be held for resuning when the resquetestor does not ratan the property. If all sold, except three omnenae would majority rule? A petition was given to the Planning Commission by the adjacent property owners. Mll'ZON by Bandel£ saconded by Hughes, that the Planning Commission receive the petition and file it sud it b+s made a part of this meeting. Upon a voice votes, the uotion carried. The following is a list of the people present and voicing their disap- proval of the rezoning request, ZOA #66-03, Erickson Petroleum Corp. Y`tank Szyplinski 233 57th Place Russell Gillan 261 57th Place Mrs. Ge=ld Rush 226 57th Place Teresa, Abbott 216 57th Place Dennis Matz 215 3?th Pura Mrs. Macy Hapka 281 57th Place William Hamschal 260 57th Place Mrs. Thomas Mi.11ex 280 57th Plaice MMON by Bandeel,� se canderd by Hughes, that they Planning Commission continue until May 12, 1966 the r �niug request (ZOA 06603), Erickson Petroleum Corp., Item 3. Upon a voice vete, the =tion carried. C NS2M (ZOA #65-09). MISS HAP'N g Rezones Bl*cks 1, 2, 3, C mmeree Park farm R-2, R-3y, M-1 and M-2 to Mm1 (light industrial areas and C-2 (general business areas). The Cmnmission received a cap and letter from Mar. Hodne, H °tEOP�}r Bergman, ernded byhes„ that_the_Planning. Coaamis s ion concur with the re eieetioan of Ho cc and Associates relative to the Commerce Park ` agai�gg�aud atttach _ leettor dates 1�4 ,tri r 1 - Upon at voice votes, e enation carried. 5a COMO= PARS COVBNAN'i°S The Comnissicm felt no action was to be taken at this time, and believed it was mat the legal function of the Planning Commission to gest involved in rec*SnLxftg covaim nts of the property in the City. MMON by 1[ughes, se ended by Beeyrgmmn, that the item of Commerce Park Covenants be carried over until the April 28, 1966 meting. Upon a voice vote, that wittan caarrl. PLWaNG COMMISSION I Wf= (STUN,)m � + APRIL 28, 1966 The meeting was called to ord4w by Chairman Rravik at 7:34 P.M. RL=__ Members present: Kravik9 Hughes, Bergman,, Bandel Ywrber absent: Johanson Others present. City Atta►rwW Herrick,, City Manager Wagner, VAginearing Assistant Clark ( lWCUSSION WITH CITY ATTORM 10 PUBLIC ASASZNG: Tha first Problem was of legality regarding a Public hear�8that f�/ had been advertised but the petitioner did not show up m- does this l/ assent a p"ble , regarding the class of the P � �g �8 hearing. If the. Petr timer had been pz iiously contacted, is there a question of coming to a conclusion or w uld we be raising the question of denying him his right to be heard. The opinion given by the City Attorney was, assuming proper notification had been given, it would be within the authority of the Plan- ning Commission to close the hearing. Whether it is a question of good policy or not, it probably vould not be. He would think that an the first occasion of the Petitionar not being present;, the hearing could be can- tinned. Mw gammission could hear the stateants of the people present i and thin continue the hearing as a matter of courtesy to the Petitioners 2. D WRMTIONS City Manager Mr. Wagner stated that the definitions 0f "dwelling units" in the City Code need clarification. Non-confurming uses were discussed. The prevision ware to protect property that was developed for a particulars use before the adaption of a zoning ordinance, If property was sold;, it would be passed on to the new owner. 3. DOG RAS: MBS., LUNO: The problem of Mrs. Lund regarding a dog kennel an bar property was discussed. It was the understanding that Mrs, Lund was going to sell the purebred dogs and put up a sign. We do not have the authority to permit a dog kennel to go in R-1 sora. It was noted the property adjoining it was M-1 and Mrs. Lund wished to rezone 25 feat of her property to M-1 for the kennel. It was falt a permit for a building could not be refused, but if the building were to be described as a kennel, it would have to be dsniedi bacauso of its use, It appeared the animal ordinance needs some revision stating hoer :.any dogs institute a3 kamel, commercial should dogs be sold and doges this apply to other animals which might came under this category. It was pointed out that if two or three neighbors complain about a barking dreg that it was a local nuisance and nothing for the City to gat involved Lon s + Plannine Commission Meetinst Mav 12_ 1966 Pante 2 face 5th Street and Mississippi Street. The Riedel's would be agreeable to liuiting the uses by special covenants which could be arranged through the City Attorney's office. Mr. Skjervold showed pictures he had taken of the Riedel property and stated the Riedelve feel there is nothing they can do with this property and are perfectly willing to accede to anything. Their intentions are to tailor the rezoning to fit the desires of the Planning Commission and the Council. Chairman Kravik stated that to try to disassociate the Riedel property from the rest of the area would not be too vise. Member Hughes stated that, although the property is zoned Rrl (single family dwelliug),there is the probability that commercial zoning would be to the West. He did not feel that the present zoning categories are so arranged that control can be had over the rezoning requests. There could be a likeli- hood that the Planning Commission and Council could correct the deficiencies in the zoning ordinance and it may not be couplet �'correctible. Nov it would stove the borderline of commercial and residential across the street into the residential area. He felt that the applicant has indicated every willingness to cooperate in providing what restrictions are available or possible, but doesn°t feel the City, at this point, is in a position to offer protection to the property owners. He objected to recommending approval of the raroning at this time. Member Bergman also stated that Mrs. Riedel and her attorney have been very cooperative, but in his opinion, that possibly the rezoning request is not most timely at the present time, although an expansion of commercial is expected in the future. MOTION by Bergman.. seconded by _Hughos, that the Planning .Comm�isaion recossntnd to the Council that this specific plan relative to this specific rezon _ zeque. - . d, sz-�_ -- that the Public Hearing o tha„sezanin � P (TAA #66-0Z) _R=W Riedel, Parcel. 4800, be clesed. Upon a vaice vote, all voting aye, e , tion carried. Chaim Kravik explained that the Planning Commission is not against rezoning as it is, but the question is how to go about doing this, which is directly connected with the use of the property or its ultimate use. The Planning Commission has not rejected the rezoning completely. Member Hughes said he thought it Mould be fair to say that the overall opinion of the Planning Commission is that, as it currently stands, we cannot rezone this land to any existing zoning district within the City's code and still maintain sufficient control of the developer in respect to the people around this tract. It becomes very difficult to protect the citizens around this area from a developer or some future owner who can request a building permit for some use for which it is allowed. Advice given to the Planning Commission is that the City cannot enforce a protective covenant. That is up to the owners of the land. Mr. Skjervold was informed that the Council will consider this action on May 16th. 2. CONTINUED PUBLIC MMUGa RBZONING !RMT (ZOA #66-03) ERICKSON PBTRALEUM CORP. : Lots 1, 2, 6 through 10, Block 7, Lots 2, 7, 10 through 15, Block 8, Planning Commission Meeting - May 12w 1966 Page 3 City View Addition. Rezone from 1t-2 (limited multiple family dwellings) to C-2 (general business areas) or C-1 (local business areas). Notices were sent out to as many addressees as possible that this public hearing was continued until June 9 1966. No one present was interested in this item. KION by Bandel, secauded by Bergaienp that the Planning Commission continue the rezoning request (ZOA #6603), Erickson Petroleum Corp., Lots 1, 2, 6 through 10, Block 7z Lots 2, 7, 10 through 15, Block 8, City View Addition. Upon a voice vote, the motion carried. 3. =ft fi JA, Gna-r.n G_ Z=11% Lot 5, Block 5, Donnay°s Lakeview Manor Addition. Rezone from C-1 (local business areas), R-3 (general multiple family dwellings) and R-1 (single family dwellings) to Cm2 (general business areas) or R-3 (general multiple family dwellings). Mr. Harry Brooks and Mr. Gerald G. Johnson were present to explain their request. The following property omaerts were present Eugene Schaefer, 5731 Moore Lk. Dr. Harry H. Nawrocki, 5800 W. Moore Lk. Dr. Arthur Olson, 5771 W. Moore Lk. Dr. V. H. Halverson, 5655 Jackson St. N.S. Thorwald Peterson., 5715 Jackson St. Wallace Challstrom, 5705 Jackson St.N.E. Del Gunderson, 5707 W. More Lk. Dr. L. W. Pispho, 5725 Jackson St. N.E. Moss HaidleA 5714 W. Moore Lk. Dr. Wm. H. Kell, 5675 N.B. Jackson St. The requesters stated they would lilts a special use permit for a motel and a service station; that they have a new type of plans for a service station called ranch type which is used on the West Coast, but would be the first one in this area. He showed a picture of the ranch type service station, and a map of the proposed layout. The property owners gave the following masons for opposing the rezoning: Ever since they bought their property, there has been more or less of a struggle to keep the area z*ned residential, felt the layout as pre- sented by Mr. Brooks looked very fine from the front, but the rear of the buildings would be abutting the residential area and the buffer area wasn't adequate, some of the people lived in the area ton years, understood from the beginning it would be a residential area, object to the additional traffic it would generate, called attention to the traffic from the Drive-In and the fact that if a person come hose late at night, they have to go to Mississippi Street to get to their property when the movie is letting out, they understand the Drive-In was there when they built, but do not want anything that would complicate that problem any more, and Mr. Kell presented a petition signed by the people who could not be present at this meeting. MiMON by Bergman, seconded by Bandel, that the Planning Comaission receive and record the petition submitted against the proposed rezoning of Lot 5E, Block 5, Donnayea Lakeview Manor Addition. Upon a voice vote, the motion carried. Planniy� Commission Mot:,ting ,, June Mr. Holvenstot stated that they felt that the property should be commercial because of tl`,,e traffic ths-i SVlopping Coater will generate„ and that wit-i the improvemant of 57t'4 Avenue Nortskeast, Trank Hig.1-way #i',7, and Main Street Nort)"teast, and w!O t, s:Lgnal.ization at tvOe int-orst<yctivn of . 7thn, Avenue Nort'heast and Tnxnk Hi.91,,waY #47, t �.ere will bt an increase of traffic. 11his is not favorabl* to the risi&-noes, and it is go7;4 planning to rezone tris property to cammarcial . S& advis,-d tlirlat from TT-,xik Highway #47 to Main Str,&.st Nortltas-' is 1 ,,048 ft?,% wd that Ericksi�n Patroloum Corporation owns 6001 fost rtf of,11.,*r cwnsrs own41!.!* fte.,t, ar.d !,�.-4zre is -% STr*,St oastment of 33 f"t. Mr. Holv&nstnt also if 'c"he n�zcad_ng wqro� appro-.r%-_d,, tt,'.�*y would install business,-.s suppJ,,s-m,4, ntary to tk.* rinttr and WtrA-_',d own and apvrat* complementary businosses Vi,-.a: could 'not be, -:ntirerly conta4ntd within a building s-aeu as a (.'ax Care Center ;,Lwte�ro., '-,here, would. bot no motor or mact,anical work, and wiuld be op9ratied, in tK.e daytimt only and a Garden and Recreation. C*nt.&)r natartz, of 1t, and space requirements dictate tbAt it not; be c,,:)n1.ainQgd solely within a bui.lding). Tbte reason they did not wiskto pjace tbese on the, same land as Vlas major Holiday Center was that tb* requirement for parking is sucb.. twat they feel thAy must use all the land that is availa:bl* around the Center for parking. He advised that tioe. Center will employ approximately three hundred peoplt, with approximately a 84,000,000-UO payroll, and that these additional uses in the requested rezoning area would provide additional jobs and payrs.,)11- Chairman Kravik advised the audience twat regardless of w4iat the Erickson Petroleum Corporation migixt propose to place? in U,,is area if rezoned, trim Planning Commission can ccnsider only the cattgories requested, namely C.-I or C-2, and whatever is permitted in those zones could be built in this area. Dr. Irving Herman stated that he owns apartments at 262 - 57th Place North- east, 5846 - 2-p" Street Nerth-east, and 5770 - 2� Street Northeast. He said that this type of zoning is not warranted, and tLat h* is afraid it will start more rezoning creeping to the nort1h. He is afraid also of undesirable commercial because of the range of uses allowed in C-1 and C-2. Mr. Frank Szyplinski, 233 - _57th Place Nortboast, stated Vmt !','e '�W very much opposed to this rezoning, that lois house is so located on 57th Flac*, that he would be looking at the back of the stores, and that that is always tke unsightly part of any commercial operation. Mrs. Therase, Abitz, 216 - 57th Placa Nortb*ast, stato�d temt she strenuously objected to the rezoning. Mr. Szyplinski presented a. Petition to the Planning C*mmission opposing the rezoning. MOTION by Bandel, seconded by Bergman, to receive they Petition and make a record of said Petition as a part of this hearing. Planning Commission. Me:N,'t:iz, Mrs. Max Rapka, 281 - 57th Pla.c€; North, ast, stated that she Objected to the rezonirg. She said that since tt;.t, t,rsrnadc ti2ey tea;9 a just f in3 sbed rebuilding their home, and that ti:;e-rr is enc::agh traffic now without ,generating more w.i.tia te_,ese store s. Mr. Dean Maeser, 2.17'1"219 - 57th Place Nor.tne;ast, stated teat, he objects also to the rezoning. He has a. rental unit and is cr,,ncerned with Vhe possibility of somwt yin0 going in tviis aroma, such as a xamburger stand or other rr isance± types commas,rcial.. Mr. Oliver Erickson of tura F.I .nn:.ng Comm ssic n stated that to s was his first mooting as a m�mbor =if" 6, ., Pla.nn:i.ng Corrmicsi.on and that ba wcndared what t4% audl.Qnce f.l t. Sur•~,i_ld bo d-n , w3+.?') t;rtD3 property Instead of rey zoning it to commorc:ial . Mr. Szyp.l..insk. s�.at��d that .it ahould bo left rae:idrntial, and that if it is not 27+zoned t.) commi�rcial., 1,hat. is #-a4�� Erickson P-_troleum Corporation's probl.e m. Dr. R, rman s tato�d that the properties with structures on tthR�eu ars^ rentable, and that this propcxty is zr,nod for multiples, and that Erickson Petrc1t4um Corporation could put up apartment build. rp;s on the vacant property. Mr. Bergman of the Planning Commission said that in consideration of single-family rr-�sldenta.al, next -to this prcposr.d. arca. of -rezoning, the Planning Comaission could not, t feat, tonight recomm§;nd appri:-gyral.. fit; stated that tb€;re ar(. traffic problA::ms and. adcq~)ate b%tffr�rs .from ri�sl.._ dent;ial problsms, and that th, sc are v,' ighty cc•nsidsrati4:ns. Ho said + thorn: ars two clhoac s: ;1) rccommonding denial, or w2) a site-deive_lopmea.nt, type; of plan so that t ,,,. commsrc:is:l: would tako place under controlled traffic and buffer,-strip planning. Mr. Bardel. fJ tJ,!,o Planning Commission stated that eith*,r t.,he C-1 or }h� C 2 rt;�zc.lniiig, is tno broad to abut a. residential area. MOTION by B,z:r �1. sc*c;snded by $a3nd�i , that the Public Hearing bF cloned x .., ...,... _ l ..,.....,nd and Haat t-ie P.lanniuff Commission rec,jma-nd' that tb, r€q ea st be denied. Upon a. voi.co vote. vlf<rs being nc nays, Cli.ya:irma.n. Kravlk do,c?ardd tine . motion cas^ri�d. MOTION by Bergman, q� y � p _ . ,..c��rnd€:o� b, �.:c ksc�n tri r4�ca�x.v� the odn� recon tion an this zoning ou,Tstic n wid forward sam, tri the Cit°y Council �` Pon a voice vote, theme be?:,ing no nays, Chairman Kr^avik declared tho motion carried. 2. PUBLIC REARING: REZONING RF , 7%T a ZQA V M. NAOEL AND MA. HAI .; Lots 9 tixcueh 22, Block I., Nagel. 's Woodlands. In t~h., R-,j section of tho Zoning Ordinane . Mr. Hafner and Mr. Nagal were presen-t, and d1scass-ad. the sizo of the proposed lots in this area for the tz:aiUrs, and described briefly what they wished to accomplish by this petition. There wage no, otAers present dither for nr against tho petition. l Planni Commission Meeting - September 22 1 66 �.�. , ..� � � �, ?arc 4 4. DISC`CSSION DRAFT: REVISION TO BUILDING PERMIT APPLICATIONS: MOTION by Bergman, seconded by Hughes, that the Planning Commission continue Item 4 until the City Manager and City Attorney can come up with something concrete. Upon a voice vote, the motion carried. 4Y 5. PETITION REJUESTING REZONING: ERICKSON PETROLEUM COMPANY: Chairman Kravik stated fie would like to make some comments, hear some comments, and ask if there are additional comments relative to the Council action or a petition by Erickson Petroleum Company to rezone certain lots on 57th Avenue. It seems that the original application was a matter of a public hearing before the Planning Commission who made a recommendation to the Council and that ended it. The sub- sequent developments show Erickson Petroleum Company purs°ied the matter somewhat further and had a hearing before the Council. The result was that there was a change authorized by the Council who had similarly stated in the same manner as that of the Planning Commission to recommend denial to rezone from R-2 to C-2. In addition, there was made part of this an agreement, a copy of which was given to ttie Planning Commission, between Erickson Petroleum Company and ttie City relative to certain types of restrictions upon this particular kind of category in this section of Fridley. I think over the years the Planning Commission has had recommendations from the City Attorney to try and restrict one zoning land use as defined by our zoning ordinance by various means which do not apply to all of the zoning categories. It is somewhat of a dan- gerous practice. The other part of this is it does not specifically state who is to administer this to insure that either the City or Erickson live up to this agreement. In addition, it does place a peculiar re- quirement on any zoning request that may in the future appear before the Planning Commission. The assumption is that the requestor can assume it will be granted, but there may be some additional stipulations that he is unaware of at that time and he may have to agree to. This seems to be trying to circumvent the principles of zoning as are generally subscribed to and it seems to approach a problem from an entirely different valuation of tile City s discretion in the land use, zoning and all the rules and regulations involved. I can't quite see where this resolves anything. At best it will create many, many more problems than currently exist. Member Bergman asked if he might make a couple of comments along tL2.s line. In our discussions, the Planning Commission used as much as a year ago, methods that we, in our discussions, proposed to solve particular problems that present and past zoning ordinances did not solve, our proposed method was to establish new zoning control categories. Rattier than consider a variety of restrictions on every rezoning request, we tried to reasonably, and in an organized fashion, group the similar types of activities, C-R-1, C-R-2 and the pending Planned Development District as examples. I feel that the approach that the Council has taken in this Erickson request is the alternate to this C-R-1, C-R-2 and Planned Development District restrictive rezoning approach, which we felt was the best method. PlannjCommission Meeti September 221266Le K: Member Bandel added that it seems tt:at in the past we have been advised by the City Attorneys that to rezone properties to a zoning category and placing additional restrictions on tt:at property that are not listed in a zoning category, make it an unenforcible category. It was pointed out tt;at there is one slight difference as this was not made a part of the amendment to the zoning ordinance. The other difference is this agreement is registered as part of the deed and the . abstract so it becomes a restrictive covenant on tine property. Tile problem necessarily wouldn't be tine building, but the use that the land was put to including the building. Could you get an injunction or something to stop them from not living up to the agreement? The answer was they wouldn't get a certificate of occupancy if they violated that portion of the agreement. The other implication might be that the present zoning categories are no longer categories, but merely guides from which adjustments are made as the case requires. It was suggested that the Planning Commission look into the comparison figuresWhe benefits of tax returns before and after rezoning. There being no further business, Chairman Bravik adjorned the meeting at 9:00 o'clock. R ectfu��submitted, Faze ' 0'Brian �v Recording Secretary Q',�7 (Official Publication) ✓� OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: 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 N.E. on August 8, 1966 in the Council Chamber at 8:00 p.m. for the pur- pose of: Consideration of a request (ZOA No. 66.03) of Erickson Petroleum Corporation to re- zone from R-2 (limited mul- tiple dwellings) to C-2 (gen- eral business districts), the following properties: 222, 226, 230, 240, 250, 260, 278 and 280 57th Avenue N.E., Fridley, Minnesota. the legal descriptions' of said properties being: Lots 1 and 2, 6 through 12 in Block 7, City View Addition to the City of Fridley, and Lots 7 through 15 in Block 8, City View Addition to the City of Fridley, all lying in the Northwest Quarter (NW?a), of Section 23, R-24, T-30, Coun- ty of Anoka, State of Minne- sota. Anyone desiring to be heard with reference to the above mat- ter may be heard at this time. JACK O.KIRKHAM Mayor Publish: July 20, 1966; July 27, 1966 (July 20,27, 1966)—TC-2A 1 IFFU OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: 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 N.E. on August 8,, 1966 in the Council Chamber at 8:00 P.M. for the purpose of: Consideration of a request (ZOA #66-03) of Erickson Petroleum Corporation to .rezone from R-2 (limited multiple dwellings) to C-2 (general business dis- tricts), the following properties : 222, 226, 230, 2401725032603278, and 280 - 57th Avenue N.E., Fridley, Minnesota. the legal descriptions of said properties being: Lots 1 and 22 6 through 12 in Block 7, City View Addition to the City of Fridley, and Lots 7 through 15 in Block 8, City View Addition to the City of Fridley, all lying in the Northwest Quarter (NWk), of Section 23, R-242 T-30, County of Anoka, State of Minnesota. Anyone desiring to be heard with reference to the above matter may be heard at this time. JACK 0. KIRKHAM MAYOR Publish: July 20, 1966 July 27, 1966 t Special Council Minutes, May 9, 1966 PAGE 29 RB,.OLiT ION,#70-1966 A RESOLUTION ORDERING IMPROVEMENT„ FINAL PLANS AND SPECIFICATIONS FOR WATER, SANIMY $$VER AND STORM SEWBB PROJECT NO. 79: MOTION by Councilman Samuelson to adapt Resolution #70-1966. Seconded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. The City Engineer pointed out that they are proposing to put water and sewer laterals in Terry's Addition where the City does' not have right-of- way. Be pointed out on the maps the easements the City does not have. There was a discussion of a possibility of getting a blanket easement of this area. The City Manager said he thought Councilman Sheridan may be able to take care of this. He said they can still go ahead with ordering the plans and specifications, but not let the bids until the easements are taken care of. WMING WITH ERICKSON CORPORATION ON 57Th CROSSOVERt Mayor Kirkhamm said that he had received a telephone call from a representative of the Erickson Corporation stating that he and their. traffic engineer would like to meet with the .Council on the 57th and University Avenue crossover. Mayor Kirkham said that the representative had not indicated whether he was for or against the present concept, but that they have information that would help the Council in thein decision. The Council discussed an appropriate time for a meeting and decided on May 12th in the City Manager's office if the City Manager can make arrangements with the Erickson Corporation and with Mr. Hodne. DISCUSSION OF T.H. #47 INTERSECTION; The City Council and Mr. Robert Christenson discussed the southeast corner of the intersection of T.H. #47 and Mississippi Street. They were all in agreement on what to ask of the State Highway Department. MOTION by Councilman Wright to refer the plan for the Christenson cornet of T.H. #47 and Mississippi Street as discussed by Mr. Christenson and the City Council to the Planning Consultant; Mr. Hodne, and the Planning Commission for a prompt response, and to request Mr. Hodne to prepare a drawing of this concept to scale that would get Highway Department approval. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Some businessmen from the Holly Shopping Center were present at the Council Meeting and they looked at the map.and discussed the northwest corner of T.H. #47 and Mississippi Street. NEW FRIDIXY RECORD REPORTER: Councilman Wright introduced Mr. David Schaaf, the new reporter on the staff of the Fridley Record, to the Council and members of the Administration. CITY HAM FRONT ENTRANCE.- Councilman NTRANCE:Councilman Samuelson said he thought the front of the City Hall should be fixed up with some sod, four or five shrubs, a new flag pole., and take dawn REGULAR COUNCIL MEETING OF JULY 5, 1966 PAGE 4 MOTION by Harris to award the bids to Allied Blacktopping Company for alternate No. 1, with the stipulation that a performance bond must be filed. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. BOARD OF APPEALS MBSTIDiG MINU'T'ES JUNE 22, 1966: BLEMST FOR A VARIANCE 32014 SECTION 45.261, CITY CODE OF FRIDLEY, NERMSOTA 1963, REVISED DECEM®ER 1964, BY WAIVER OF FRONT YARD SETBACK REQUI MIM OF 35 FEET TO 25 FEET TO PERMIT CONSTRUCTION OF A ONE FAMILY DWELLING ON LOT 15 BLOCK 1 MARIAN HILLS SECOND ADDITION ANOKA COUNTY MINNESOTA SAM BEING 5284 TAYLOR STREET NORTHEAST,_ FRIDLBY, MINNESOTA !EgUBST BY DONALD C. DELICH 4556 MADISON STRUT NORTBEAST COLUMBIA HEIGHTS MNNSSOTA 55421 The Board of Appeals had recommended the waiver be granted. MOTION by Harris to concur with the recommendation of the Board of Appeals and grant the variance. The motion was seconded and upon a voice vote, there being no nays, the motion carried unanicsously. REQUEST FOR A VARIANCE FRONS SECTION 45..252ACITY CODE OF FRIDLEY, MINNESOTA 1963, REVISED DECEMBER 1964, BY WAIVER OF 25 FOOT REAR YARD ON C-2 ABUTTING RESIDENTIAL AND A VARIANCE FRONS SECTION 45.254, CITY_CODE OF FRIDLEY, MINNESOTA 1963 REVISED DECEHM 1964 BY WAIVER OF OF 10 FEET OF REAS YARD TO BE WITBIN THE PROPERTY LINE, TO PERMIT CONSMRUCTION OF BUILDING 1 FOOT 4 INCHES WITHIN THE PROPERTY LINE, ON LOTS 6, 72 8, AND 9, BLACK 4,B NNETT PAU= ADDITION, ANOKA COUNTY, MNNESOTA, SAM BEING 5807 UNIVERSITY AVENUE NORTHEAST, FRIDLEY, MINNESOTA. (REQUEST BY ERICKSON PETROLEUM CORP ATION, 14822 WEST LAM STREET, MINNEAPOLIS, MINNESOTA, 55408)_:_ The Board of Appeals recommended to the CoLmcil that this variance be denied. Councilman Wright explained some of the problems in developing the property. He stated that, among other things, the property is very narrow and the Council should take some initiative in a matter such as this. Councilman Harris stated that he has had a number of calls from people, and they would like to sit down with the Erickson Petroleum Company and discuss the matter. He said he feels they should deny the request at this time until it can be developed in a way that is compatible with the residential property in the area, and Mr. Harris so moved. Seconded by Wright, and upon a voice vote, there being no nays, the motion carried unanimously. PLANNING COMMISSION MEETING MINUT&S - JUNE 23, 1966: RUOUrNG 21EST (ZOA I #66-03)-. ERICKSON PETROLEUM CORPORATION: LATS 1, 2. 6 THROUGH 10 BLOCK T= LOTS 2 7 10 THROUGH 15 BLOCK 8 CITY VIZW ADDITION. TO REZONE FROM R-2 TO C-2 OR C-1: The Planning Commission had recommended that this proposal be denied. Mr. Ketth Holvenstot, of Erickson Petroleum Corporation, was present and stated that he would like to ask at this time that the City Council set a Public Hearing on this matter. MOTION by Wright to set a Public Hearing for August 8, 1966. Seconded by Harris and upon a voice vote, there being no nays, the motion carried unanimously. w PAGE 21 THE MINUTES OF THE SPECIAL COUNCIL MEETING OF AUGUST 8, 1966 The Special Council Meeting of August 8, 1966 was called to order by Mayor Kirkhaa at 8.06 P.M. ROM MBMB$RS PBESBNT: Kirkham, Harris, Wright, Samuelson ? SRS ABSENT: Sheridan PUBIC,WARING ON RSZCMG - (R-2 TO C-2) LOTS 1 & 2 AND ?ATS 6 THROUGR 121 1 ' BLOCK 7 CITY VIEW ADDITION; LOTS 7 THROUGH 15 BLOCK 8 CITY VIEW ADDITION: The City Manager read the Notice of Hearing to the Public, Mayor Kirkham explained that the Council holds hearings for rezoning and for street, sewer and water projects to hear the peoples' viewpoints, either for or against the project, and because the Council calls a Public Hearing does not necessarily mean the Council is pushing for the project. He said the Ctuncil takes into consideration the opinions voiced by the people in their final decision. Mayor Kirkham said that 45 minutes had been allotted for this Public Hearing and the first 15 minutes would .be for the proponents of the project, th..n 15 minutes for the people who may wish to speak against the project, and the last 15 minutes would be used to sum it up. Mr. Keith Holvenstot was present at the Council Meeting representing the Erickson Petroleum Corporation and presented their reasons for requesting the rezoning. Mr. Holvenstot said that the Erickson Company feels that the land under consideration properly should be rezoned commercial as the improvement of University Avenue, the signalizing at 57th Avenue which they have been told will increase traffic on 57th, the Main Street improvement, and Holiday North opening soon, makes the land unsuitable for single homes, and their Company feels there should be some type of gradual zoning into commercial. He pointed out that they own all the specified lots in question in a two block area, and they would hope, in time, to acquire more property in the area. Mr. Holveastot said that the Erickson Company- would like to build business ventures in this area that would be supplementary to Holiday North, but which cannot be taken care of entirely within a main building, for example: a car care center and a garden recreational center. He said they have additional incomplete plans.for a drive-in of a Savings and Loan Company and a Marine Boat and Motor gales which are under consideration. He said the buildings which would be built would conform with the City Ordinances. They feel the highest land use is commercial which will increase the tax base of the City. He said Holiday North will employ apvroximat-ely 300 People and have a payroll of approximately 0,000,000, and this will create additional jobs. Mr. Holvenstot said he hoped the people and the Council would look with favor on this rezoning. Councilman Wright said that the Fridley Council takes a position against spot rezoning and creeping commercial' in favor of buffering, and he asked if Erickson Company would be willing to specify what the actual sites will be 'ECI:POT. C MICI1, 14.22TTYG, AUMC ST 8 1966 PAGE 22 developed as, be willing to buffer the back with fencing, and keep all storage inside. &r. Holvenstot said yes, they were prepared to build such buildings if the land is suitable, and they can be done according to the ordinances and off street parking. He said that the stores would be open 10 to 12 houzs.a day, and when they closed all supplies to uld be secured, and as to screening, they were prepared to follow the Council's requirements. Councilman Wright asked, if it were requested, would they execute covenants which agreed that the commercial projects they propose would be the ones they executed,, rather than something else. Mr. Holvenstot said yes they were ready to agree thatthe anticipated land areas which at present have no set plans, would be restricted to this classification. He said there were marW uses in C-2 which Erickson would not like either. Councilman Wright asked if they were willing to agree to restrictions that would set a limit to the expansion to the north. Mz. Holrenstot said they-had no designs further to the north. Mayor Kirkham asked if any members of the Council had any further questions or if anyone' else. uished to speak in favor of the proposed rezoning. There was no answer. The people who were opposed to the rezoning were then asked to give their Viewpoints. Mrs. Abitz, 216 - 57th Place, said that the Erickson Corporation had bought all the homes except hers and one other neighbor"s. She said she was getting up in years and did not want to be squeezed out. She said the Erickson Corporation had offered her $12,500 for her home, and she had put more money than that into it She had asked $20,000 and they walked off. She said that she would be in favor of the rezoning,, if they would give her $20,000 for her home; Mr. Irving Efron, owner of an apartment at 262 - 57th Place, said he and his partner Dr. Herman had suffered through the tornado, rebuilding and reteaanting the building, and it was now better than when it was first purchased, but with the traffic as busy. as 57th Avenue or busier, it will no doubt cause a loss of tenancy. He said that the holiday store is a nice addition to Fridley, and no doubt will be. a successful operation, but that Holiday South has no other businesses except for a service station, and here they propose to take over more land and build more businesses. He said they would not be at a loss for profit; is a self sustained building as they have now. Councilman Samuelson asked Mr. HolJenstot to compare the two sites. Mr. Holvenstot said that the square footage of the Holidy North store was greater, .approximately 168,000 square feet as compared to 150,000 square feet. He said the land area of Holiday South was considerably greater, and they own the building and property of the Perkin',s Pancake House, have a car care center and a garden store. He said there is also a filling station in front, but they have no desire to build a station in front of Holiday North, as they do not have the land area, and it Mould detract from the building. Councilman Harris asked if they would need additional land for overflow parking. Mr. Holvenstot said that the business peaks at Thanksgiving, Christmas and just after school is out, and with their experience and pro- fessional planning, they feel their parking can handle the cars during the peak periods with no need for additional parking. lie queA has C ;:.ata n_t; 42 . . . . _ CHUM Sd as $*og,aleveb t^.?f>r` s Mud 03 Me`3f,S .:^rr_.. .tea ^Meal sp&:'.tose SAA a3 z - 7 Sms pis 11 agnATTY0,; • ' SPECIAL, COUNCIL DIEETING, AUGUST 8, 1966 PACS 23 Dr. Berman, owner of property with his partner Mr. Efron at 262 - 57th Avenue, 5846 2k and 5770 2k Street said that his tenants on 2112- Street were complaining that heavy traffic exists now, and he does not believe anything can alleviate this problem, and that it is only going to increase on 57114- Avenue and 2k Street. He acid that this has been before the Planning Commission and they did not feel that what Erickson had to offer was ready to be passed at this time, and he could not understand why the Council would go against the Planning Commission's advice. He said that they would be able to put in anything under the classi- fication, even a McDonald's. Councilman Samuelson said that he was holding for a limited C-2. Dr. Herman said that the petition was for C-2 and Council- man Samiuelson Slid that before it was granted it would be limited. Councilman Wright pointed out that Mr. Holvenstot had indicated they would be willing to agree to restricted covenants, and there was a strong position on the part of the Council that the proposed use of the land would be the final use of the land, and the Council is in a position to control. this. Mr. Don Weeding, 247 - 57th Place, said that when all the buildings they want to tear down are dawn, and the other buildings put up, the people will be looking at the backs of the stores; and also that there is a" lot of traffic on 57th Avenue right now, and people will park at the main store and run back and forth across the street to the other stores. Mayor Kirkham said that if this rezoning went through, the Council would require screen planting, and adequate control of traffic would be required, possibly by widening the street or by islands designed so that traffic would be adequately controlled on 57th. Mr. Weeding said that if the land is cut down in size for the street they will not be able to use it. Councilman Samueleon answered that Erickson has looked at the ordinances, and feel they can put the businesses in and meet all aspects of the ordinance. Mr. Weeding says that if the Council wants to eliminate creeping commercial, and as the property owned now by Erickson is not enough for what they have mentioned they would like to put in, why don't they make the people an offer if they want to acquire more land. Council- man Wright said that the Council can limit what Erickson Corporation can do, and make them keep to their promises. If they are interested in one area, they can get options and protect the area with fencing and planting. The Council can require special rezoning with limitations and restrictive covenants binding on the use now and on future owners. Councilman Wright said perhaps the hearing should be to see if there are enough restrictions, rather than if it is to be done. Mr. Frank Szyplinski, 233 - 57th Place, said he was against the rezoning for a number of reasons, and mentioned that the land is only 136 feet deep, and if the buildings are offset at all, they would be backed up all the way to 57th Place. He said they mentioned a $4,000,000 payroll which is impossible unless every person is getting $10,000. They say the car center will handle only things like tires and batteries, but in time he believes they will add things like mufflers, and he works nights and will have to listen to them when they are open 10 to 12 hours a day. Mr. Szyplinski said there is plenty of traffic already, and property values will go down, as nobody will want to buy their property looking at the back-of the stores. He said that Erickson has been working on this from April until now, and he cannot understand why they could not come out and say T°this is the plan for the building" and let tt& people judge then. He felt the rezoning would be limited for awhile, and :hen they would hire attorneys, tight it and win. SPECIAL COUNCIL HEETING, AUGUST 8, 1966 PACE 24 Mrs. Max Hapka, 281 - 57th Place, said that the property next door to them and behind them has been acquired and they will be sitting alone on the corner. She said they had just rebuilt after the tornado, without knowing about this, and with the noise and traffic, she did not feel this was a residential area anymore. She said that Erickson said they were not going any farther, but now they are coming across the street. Mr. Holvenstot said that the Erickson Corporation has no plans now or in the future to develop commercial enterprises north of 57th Place. Councilman Wright said he suspected that this was because the City Planner suggested that if additional access were necessary in the future, the Company would be well advised to be able to provide that access as a street. Mr. Holvenstot said this was correct and in addition houses could be moved onto this empty land with the understanding they are brought up to code. Mr. Szyplinski asked where the off street parking would be to take care of the cars if commercial were established between 57th•and 57th Place. Mr. Holvenstot said that off street parking is required as outlined in the ordinance and when they present their specific plans, they must amt all the requirements. They have studied this problem, and they are sure they can meet all requirements. Councilman Wright said that this threw it right back at the Council to enforce their ordinances, and that the buildings will have to be farther apart for parking because the land is narrow. Pyr. Szyplinski asked if they would petition to be 11611 from the lot line as some other business has done. Mayor Kirkham said that everything Mr. S.yplinski has mentioned would be in the covenants. Mr. Szyplinski said that everything should be known before they get the rezoning. Councilman Samuelson said that if the rezoning is granted, everything will be known. Dr. Herman asked why Erickson had not gone through the Planning Commission on acquiring of land north of 57th Place. Mr. Holvenstot said that any plans for this are two to five years in the future, and all conditions can change in that time, so it was not brought up. Dr. Herman said that then the way it still stands, the Planning Commission is against it. Mayor Kirkham closed the Public Hearing on Rezoning from R-2 to C-2, Lot 1 and 2, Lots 6 through 12, Block 7, City View Addition and Lots 7 through 15, Block 8, City View Addition at 9010 P.M. 7P[TBLIC RARING ON IMOVEMENT SS#32 AND PETITION #28-1966; The City Manager read the Notice of Hearing to the Public. 'Councilman Harris said that Mr. }dick Sherry, 5220 Buchanan Street Northeast had presented a petition to the Council opposing this project. MOTION by Councilman Harris to accept Petition #28-1966. Seconded by Councilman Samuelson, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mayor Kirkham asked Mr. Comstock, the Consulting Engineer, to explain the improvement project. Mr. Comstock pointed out the area involved, on the map and said that there was a problem maintaining the water level in Sullivan Lake, and that Hole ^93412 on the border of Fridley and Columbia Heights will no longer hold the water a s planned and will overflova as Matha ire develops. He said that Innsbruck goes into catch basins and then into Clover Pond, and there is a hole south of Lincoln Street wfhich some back yards drain into. He explained REGULAR COUNCIL MEETING,, AUGUST 15, 1966 PAGE 7 CONSIDERATION OF PROCEEDING WITH PROJECT SS#5Ce The City Manager said that Comstock and Davis has received the Council's authority to go ahead with the actual project, they are just waiting for a decision on Sylvan Hills, and at this time the Finance Director wants to know horn the Council wishes to assess this project. Mayor Kirkham said that his understanding according to recent discussions the Council has had on this, was that the assessments were to be grouped into one project and estimated. The Finance Director said that his question was, whether the cost should be estimated on SS#5C and the roll prepared on that basis, or if enough should be deducted from the rate for the area 5C would cover, in other words, assess that much less in that area, which would mean a second assessment, or not assess this at all this year. Councilman Wright said that the first option described is the one most consistent with the Council's decision on assessing over a whole drainage area. MOTION by Councilman Wright to estimate the SS5C cost and make the assessment roll on that basis. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. APPROVAL OF EASEMENT PURCHASE AGREEMENT- MOTION by Councilman Harris that the Administration be directed to enter into this agreement with James J. Collins and Edythe A. Collins in the amount of $532.10. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. �b FIRST READING OF ORDINANCE REZONING FROM R-2 TO C-2 LATS 1 & 2 AND LOTS 6 THROUGH 12 BLOCK 7 CITY VIEW ADDITION• LOTS 7 THROUGH 15 BLACK 8,- CITY VIEW ADDITION- BEQUSSTED WAIVER OF SIGN SET$AgK - 57� UNIVERSITY AVENUE NORTREAST- ERICKSON PETROLEUM CORPORATION: The City Manager said that Mr. Holvenstot was present at the Council Meeting to discuss with the City Attorney restrictive covenants for the rezoning. Mr. Holvenstot came to the Council table to describe the requested sign setback. He said that the property does not abut on the highway, but on the service road, and then there is a large boulevard to the property line, and if the sign goes back another 10 feet, it will appear to be in the back yard. The Council looked at the proposed location of the sign on the plot plan. The property owners on the east side of the station were present at the Council meeting and came forward to the Council table to discuss their reasons for feeling a 24 hour service station will be detrimental to their property. They felt the Council should hear the residents of the area, even though this land is zoned commercial. The City Manager explained that there was no reason for a Public Hearing as all requirements are being complied with, and that it would be impossible for the Council to hold a Public Hearing for every building permit. The Council agreed that a filling station may leave something to be desired, but that the land is commercial and there are many possibilities that could have been worse. REGULAR COUNCIL WXMGs AUGUST 15, 1966 PAGE 8 OTION by Councilman Samuelson to grant the waiver for a sign setback at 57k d University Avenue Northeast. Seconded by Councilman Harris. Upon a oice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Harris asked if the Council should do anything this even:ing in regard to the limitations and restrictive covenants for the rezoninr;. The City Manager said that he had not put this on the agenda as he did not know what the Council wanted. Councilman Harris suggested that the Planning Commission, City Attorney and Erickson Petroleum get together to make up restrictive covenants for the area and then present them to the Council. The City Manager pointed out that the Ordinance could be passed on first reading this evening subject to the approval of the restrictive covenants. MOTION by Councilman Harris to adopt the Ordinance upon First Reading, rezoning from R-2 to C-2, Lots 1 and 2 and Lots 6 through 12, Block 7, City View Lddition and Lots 7 through 15, Block 8, City View Addition subject to the approval of the restrictive covenants on the property. Seconded by Councilman Samuelscn, and upon a roll call vote: Kirkham, Harris, Sheridan, Wright and Samuelson voting aye, Mayor Kirkham declared the motion carried. Mr. Holvenstot was instructed to contact the City Attorney. AIPPOINTMENTS s Mayor Kirkham explained that the new Anoka County Association of Municipalities needs 6 permanent cm, ittees which will be broken into sub--committees to handle any problems that need research or investigating. He said there is no restriction on the number of people on each committee or no requirement that each City must have a man on any one committee. He said that the Council can suggest names for the Committees and any citizen may volunteer by making their wishes known to the Council, and the Council can appoint them to the committee. Mayor Kirkham suggested this be laid over until the next meeting, to give the Council a chance to consider possible appointees. MO'T'ION by Councilman Wright to table appointments to the Anoka County Association of Municipalities until the next meeting. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion oirried. Councilman Wright said that on the appointment to the Building Board to replace Pat Herder, he would like the patience of the Council for one more meeting before he suggests someone from the 3rd Ward. Mayor Kirkham agreed to this. Mayor Kirkham said that he would like the appointment for the Human Relations Committee, to replace Reverend Kendall brought back at the next meeting also. Councilman Wright said that the last appointment made to the Human Relations Committee, who he believed was Mr. Buckley replacing ML. Herder, had been made over his objections. He said he would like to call to the Councilus attention that an appointment to the Human Relations Committee requires a four-fifths vote, and that Councilman Sheridan had not voted and that he had voted against it. He said he would like this confirmed or corrected. Mayor Kirkham asked the City Attorney if this was correct, and the City Attorney said he would check. r REGUTAR COUNCIL, :.ay.TiAG, E- 12ER 6, 1966 FAUTB C£ ) HUMAN R LATIOUS, COlIkEEIMM s Mayor Kirkham s.iid that he would like to table the appointment to replace Reverend Kendall, until the next regular meeting, as two people have indicated a desire to serve on this committee, and he is uaiting for further communication from them. Mayor Kirkham said that on the appointment to replace Richard Herder, he Mould again like to suggest Mr. Robert Buckley. MOT10I1 by Couneilaan Harris to confirm the Mayors appointment of Mr. Buckley to the Human Relations Committee. Seconded by Councilman Sheridan. Council- man Wright said he feels obliged to vote against this appo.intmerr as he feels Pair. Buckley is neither expert nor deeply and sincerely interested in Human Relations. Mayor Kirkham said that this appointment takes a four-:Fifths vote. Upon a roll call vote, Kirkham, Harris, Sheridan voting aye; Wright voting nay, the motion failed. STREETS & UTILITIES SUBCO TTS OF THE NAMING MING CO,=SSION AND BOARD OF APPEALS: MOTION by Councilman Harris to receive the communication from Mr. Gerald Ubben resigning from the Streets and Utilxies Subcommittee, and that a letter of commendation be uritten him for the fine work he had done on the committee. Seconded by Councilman Wright. Upon a voice vote, there being no nays, E�,yor Kirkham declared the motion carried. Councilman Harris said that the Council has had a meeting with the Planning Commission concerning reorganizing the Planning Commission, and if the pro- posed plan goes through, the committees will be combined. Councilman Harris said he feels that experienced personnel should be used for the new committee, so the appointments to the Streets & Utilities Subcommittee, and Board of Appeals should be tabled rather than fill interim positions. Councilman Wright asked if this would matte it difficult for the Board of Appeals to get a quorum. The City Manager said that it should not, as their attendance is very good. MOTIOU by Councilman Barris to table the appointments to the Streets and Utilities Subc-- iittee and the Board of Appeals. Seconded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. / .l PROPOSED ORDINANCE TO REZONE R-2 TO C-22 DOTS 1& 2 AND 6 - 12, BLOCK 7, AND LOTS 7 IS, BT4CK 8, CITY VIEW ADDITIMT: The City Manager passed out as agreement the City Attorney had prepared. Mr. James Gibbs, sitting in for the City Attorney, said that the City Attorney wanted it understood that this was a draft only, and not to be considered as final unless the Council saw fit. He stated that it is subject to any changes the Council may want to make, The City Manager said that this agreement came REGULAR COUMICIL 11ZET91G, SE 7E10ER 6, 1966 PAVE 6 about after a meeting he, the City Attorney, Mr. Holvenstot, and Mr. Erickson held. He said that perhpas they would like to lay this over until the meeting of the 12th, which would give the Planning Commission a chance to go over it at their meeting on the 8th. MOTION by Councilman Harris to table this item until the Council Meeting of September 12th. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mr. Holvenstot said that they had just received a copy of the agreement drawn by the City Attorney, and he submitted copies of an agreement they had drawn up to the Council. He said that this agreement included some changes which would have been necessary for the Council's consideration, and he would .like the Council to consider this draft along with the City Attorney's draft. LOTION by Councilman Sheridan to receive the Erickson Corporation Lyndale Terminal Company's revised agreement and the agreement drawn by the City Attorney. Seconded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Sheridan said that he believed the people in this general area, concerned about this particular rezoning, wanted to be notified when some action was to be taken. He said they had not been notified of the lot Reading of the Ordinance, and asked if they could be notified in time for the consideration of the Second Reading on the 12th of September. The City Manager said he could send notification to them in time. MOTION by Councilman Sheridan that the people in the neighboring area be notified that this item will come up on September 12, 1966. Seconded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. SUSPENDED TAXI LICENSE SUSPENDED 8/22/66): Mr. Wayne Chase introduced himself to the Council as the owner of the Twin City Suburban Taxi Company. He said he was present in reply to the Council's letter of suspension from doing business in the City of Fridley. He said he had discussed this with the City Attorney, and had asked him what he was in violation of, and Mr. Herrick had not been able to gi:e him any details. He said he hoped the Council could fill him in on the details of the alleged violations of the drivers he has hired. He asked if the minutes of.. the Council meeting attended by Harris, Sheridan and Samuelson could be read. The City Manager said that he had sent a copy of the Council's motion to Mr. Chase. He said that the Police report on the drivers showed that two drivers had suspended drivers licenses, one had a revoked license, and there were quite a few violations in each of the years listed. He said the office girl, in error, had gotten this .license on the list without the check up being completed, and the license had been suspended until the owner could show cause why it should not be revoked. Mr. Chase read the Council a letter he had received from the agent for the A:row Insurance Company, dated September 1, 1966, covering an additional premium which took into consideration the surcharge required by the police record of one of the drivers. Mr. Chase said the Arrow Insurance Company also enclosed r SPECIAL COUNCIL PEETINGs, 5FP0kM R 12, 1966 PAGE 21 arbitrarily set the levy at 30 mills, and at no time since, has the City been able to stay within this limit, and the law requires that the City Council call for a Public Hearing to allow the Council to adopt a mill limit in excess of that provided by the City Charter. He said that this action has been a matter of routine for over nine years. Mr. Sayplinski, a visitor to the Council Meeting, asked if this meant the City has been running in the red all this time, and if this mill levy was for parks up in the river bottoms he was against it, as he did not feel the City needed them at all. Councilman Harris asked if he meant the island, and when he ansvered that he did, Councilman Harris said that the Council was not proposing that the City buy any more islands. The visitor asked how high the levy would go as the people should know. Councilman Harri: said that it will be in excess of 30 mills, and the amount will be knowia when the budget is adopted. The visitor asked if it wasn't correct that. the City operates at 30 mills or less. Mayor Kirkham pointed out again that the City has always exceeded 30 mills. (Councilman Wright arrived at the Council Meeting at $015 P.M.) MOTIOM by Councilman Har-ts. to continue the hearing and discussion on the Mill Levy until the next regular Council Meeting on September 19, 1966. Seconded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mayor Kirkham explained to Councilman Wright that there had been no objections at the Public Hearing on 1966 Service Connections, and at the Public Hearing on St. 1965-3 there had only been two inquires as to the amount of assessments. RESOLUTION #140-1966 COidFIZ4INTG ASSESSs-FIT FOR 1966 WATER AND SEWER MAINS LATERALS AND SERVICE CONNECTIONS (SCHEDULE A) MOTION by Councilman Harris to adopt Resolution #140-1966. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION #141-1966 CONFIRMING ASSESSMQ+TT FOR STREET IMPROVEH= PROJECT ST. 1965-3d MOTION by Councilman Samuelson to adopt Resolution #141-1966. Seconded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkh.-Jm declared the motion carried. ORDINANCE NO. 346 - TO AMEND THE CITY CODE OF THE CM OF FRIDIEY,MINNESOTA BY MAKING A CHMIGE IN ZONING DISTRICTS,. The City Manager read the proposed rezoning Ordinance. The City Manager said that the Council had received copies of the two covenants, one prepared by Erickson Corporation and one by the City Attorney. He said that the only (j changes he had found, were that C-2S should read C-2 as it is in the ordinance, and that the Erickson Corporation wanted the Fiords, "but not including dry cleaning establishments" inserted after the dards "clothes pressers" in paragraph I, number 1. The City Attorney noted that they wz:nted the agreement to be in the name of their land holding company. SPECIAL COUNCIL M$ETIIIG, SEPTEMBER 12, 1966 PAGE 22 Councilman Harris noted that there were neople in the audience who had been notified that this item would be on the agenda, and he suggested that before the Council took any action, the restrictions be read to the people. Councilman Wright asked for a clarification of the area involved for the people in the audience. As Councilman Wright pointed the area out on the map, Mayor Kirkham explained that the area was bounded by 57th Place on the north, 57th Avenue on the south, Main Street on the west, the University Service Drive on the east. Councilman Wright read the legal description of the Lots to be rezoned, which were all the Lots in Block 7 except Lots 3, 4, 5, 13 and 14, and all of Block 8 except Lots 1, 2, 3, 4, 5 and 6. Mrs. Abitz, 216 Q 57th Place, a visitor to the Council Meeting, asked what difference this would make in her taxes when it is zoned commercial. Mayor Kirkham said that this rezoning does not include her lot, and her taxes will remain the same. Mr. Szyplinski, 233 - 57th Place, said that this lady's taxes will go up when she is next to comercial, and Councilman Samuelson said that they would not, unless she improved her lot. Mr. Szypliaski said that,' as an example, if you live in an area, and they start building $40,000 houses around you, your taxes go up. Councilman Wright explained that Mrs. Abitz' property is assessed as residential, and having commercial neighbors does not raise the value of her property unless her property is rezoned commicial. Mrs. Abitz said that they have made her an offer if she will wait a year as an option, but she said then she will have another year's taxes to pay. She risked if she wanted to sell to Erickson, could she get her property rezoned commercial? ' Councilman Wright said that he could not andver for what the Council would do, but if both parties were satisfied and wanted it zoned commercial, he felt he would vote for it, and in the meantime her property is not being rezoned, and the Council is her protection that she is not squeezed out. Mr. Szyplinski asked what would happen to the valuation of the land if they got the back end of a store facing therm .the City Manager then read the agreement to the people which listed all the restrictions: Mr: Szyplinski asked for a clarificiation of the last paragraph dealing with the property immediately to the north. Councilman Wright explained that if the property to the north is zoned for commercial use, it would have to be restricted in the same way. Mr. Szyplinski said that the agreement does not tell what Eriekean will be putting in, it Just lists what they cannot put in. Council- man Wright said that the Council cannot tell them what they can put in,. but the agreement excludes everything they feel would be objectioaable. He said that many things are ruled out already by the C-2 zoning. He read the list of types of businesses which are not permitted in C-2 zoning, and pointed out that this agreement adds to the list. Mr. Szyplinski said that the Council is taking away tax money, and the people are going to have to pay more to makeup for it. Councilman Samuelson said that there is a higher tax return on commercial property per acre. Air. Szyplinski said that he had the assessor figure this out for him, and Erickson vi,ll be paying less than he does on a per square foot basis. Councilman Wright pointed our that Erickson will be putting up bigger SPECIAL COUNCIL k=TUIG, SEF'MMER. 12, 1966 PAGE 23 buildings, which will pay higher taxes. Mr. Szyplinski asked why Erickson would put up bigger buildings, if they can operate out of a shell. Council- man Wright said that Erickson would be foolish to build less than the buildings they demolish. Councilman Wright said that this agreement is about as tight an agreement as there can be, and trickson cannot start operation until they receive a Certificate of Occupancy, which the Council will not grant until they have done all thoy 'promised to do, and furthermore, the restrictions will apply to any other lots or adjacent area. Mr. Szyplinski asked why anyone else should be penalized with restrictions that were necessary for Erickson. Councilman Wright said that Air. Szyplinski wanted to have his cake and to eat it too, by wanting the restrictions closed for Erickson, but open when he wanted to sell. Mr. Kravik, Chairman of the Planning Commission, said that the Planning Commission fiad not seen these restrictions, and wondered who would see that they were adhered to. Councilman Samuelson said that the agreement will become part of the deed. Councilman Wright said the City will be party to the contract and it will be on all the heirs and successors. He said he was sure the City, would hear from the residents if Erickson did not adhere to the agreement. A visitor at the Public Hearing asked if the Council will be able to tell the Holiday Store when they have to close, as the store out south stays open until midnight. Mayor Kirkham said that the Council does not have this authority, and that there is no Sunday closing ordinance in Fridley. Mr. Szyplinski said again that he knew the taxes would be less than they are today. Councilman Samuelson said that when Erickson is through building, it will be assessed at a minimum of $190,000 per acre which is approximately 3 times what residential would be assessed at. Councilman Wright said that this property will have more restrictions than any other property in the City, and he would like some indication if the people feel they have gone far enough. A visitor to the Council Meeting said that there will still be a traffic problem on 57th Place. Councilman Wright pointed out that part of the agreement is that there will be no entrances on 57th Place. Mayor Kirkham said that there will be no reason for people to use 57th Place. A visitor asked if parking could be restricted on 57th Place. Mayor Kirkham said that this could be done at any time there is a problem. The visitor said that 57th Avenue should be posted now. Councilman Samuelson pointed out that this is a County road and the Council cannot post it. Mr.. Holvenstot, representing the Erickson Corporation, said that they will require no parking on 57th Avenue as they have provided offstreet parking for over 1200 care on their own property, and he stated that their engineers have designed a stacking lane for exiting on the south side of .their property which has been approved by the State. SPECIAL COUNCIL MSBTING, SEPMMER 12, 1966 PAGE 24 1 Councilman Wright said that the County would probably be amenable to restricting parking, and asked if either the residents or Erickson would object to the Council requesting restrictive parking on 57th Avenue from the County Board. They said they would not object. XMION by Councilman Barris that the Administration direct a letter to the Board of County Commissioners requesting them to post 57th Avenue from University Avenue to Main Street, and from Main Street and 57th Avenue on County Road 102 to the birdge with "No Parking" signs on both sides of the street. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MDTI0t? by Councilman Wright that the Council authorize the Mayor and the City Manager to sign the agreement with the Lyndale Terminal Company (Erickson Corporation) agreeing to restrictions. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Barris to adopt Ordinance #346 to amend the City Code of the City of Fridley, Minnesota by making a change in zoning districts upon second reading and publish it. Seconded by Councilman Samuelson. Councilman Samuelson said to make sure the zoning in the Ordinance was correctly listed as C-2, and reminded the Administration of the discrepancy in the agreement. The City Manager said this would be changed in the office. Upon .a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RECESS: The Mayor declared a 10 minute recess at 9:05 P.M. The Meeting was reconvened at 9:15 P.M. 1967 BUDGET ('TABLED 8/1/66, 8/15/66, 9/6/66): MOTION by Councilman Harris to adopt the Budget as submitted. Seconded by Councilman Wright. Mayor Kirkham asked if anyone had any further discussion on the Budget. Councilman Wright said that although he realized there was no such thing as a proxy vote, he felt Councilman Sheridan would support the motion on the floor. Mr. John Meyer, a visitor to the Council Meeting, said that he had no specific item in mind, but asked if some time could be taken to go over a few of the i`ens, and the reasons for some of the increases and decreases. The City Manager explained that the mill value, figured at 98Y, collections which is felt to be a safe margin, equals $16,170.00. He said that- the Council can fairly safely say that the estimated mill rate will not be any higher. He said that it usually is .2 to .4 of a mill less than what the Council estimates. He said the needs of the City are. sent to the County in r A G R E E M E N T 4THIS AGECCEMENTr made and executed this da of September, 1966, by and between LYNDA.LE TERMINAL CO. , a Minnesota corporation, hereinafter called the property owners, and the CITY OF FRIDLEY* a municipal corporation of the State of Minnesota, hereinafter called the city; WHEREAS, the property owners have petitioned the city to rezone the following property from the present R-1 (single-family dwelling) classification to C-2 (ceneral business and shopping center) _ Lots 1, 21 6, 7* 8, 9, 10, 11 and 12 :in Block 71 and Lots 7, 8, 9, 10, 11, 120 131 14 and 15 in Block 8, City View Addition to the City of Fridley, all lying in the Northwest Quarter (NW4) of S-231 R-24, T-30* County of Anoka, State of Minnesota. WHEREAS, the city council finds that the rezoning of said area to a commercial use district will be in the public interest, welfare, and convenience to the people of the City of Fridley Provided certain restrictions on the type of uses are placed on said property and provided* further, that the owners agree to lay out, develop and maintain said property according to standards agreed to in advance by the parties hereto. Consideration for this agreement shall be the rezoning of the property described above from R-1 to a C-2 use district and the mutual benefits to each of the parties hereto, The parties* their successors and assigns do hereby covenant and agree as follows: I. The property owners agree to restrict the use of said prop- erty to those uses permitted in Section 45.12 of the Fridley City Code and further agree to restrict said uses by agreeing that the following uses permitted in said Section 45.12 will not be per- mitted on the above described property: 1. Retail stores and shops such as grocery, fruit, meat* vegetables, cabinet makers, electricians, painters* plumbers, shoemakers* clothes pressers (but not in- cluding dry cleaning establishments) , job printers, blue printers. 2. Automobile display and sales rooms, gasoline service stations and used car lots. 1 of 4 -- n ( I 3. Self-service drive-in cafes or other drive-in food establishments. 4. Radio (AM or FM) or television broadcasting stations and transmitters and micro-wave relay structures. 5. Bakeries, candy making. 6. Bars, taverns. 7. Commercial recreation uses. 8. Engraving, photoengraving, lithographing and publishing plants. 9. Household equipment repair shops. 10. Loft buildings. 11. Mortuaries. 12. Music conservatories, dancing studios. 13. Major repair of automobiles and storage garages. 14. Theatres, lodges, assembly halls, auditoriums. 15. Tire repair shops using any vulcanizing or re-treading process. 16. Vocational trade schools. 17. Warehouses. II. No entrances to or exits from the aforementioned property shall be permitted on 57th Place. III. Property owners further agree that the development of said pro- perty including plans for landscaping, building design and material, set- backs, off-street parking, and screening for exterior storage shall be subject to the approval of the City Council at the time a building permit is requested. IV. To use the aforementioned property for those purposes permitted within Section 45. 12 of the Fridley City Code as amended and restricted by this agreement, property owners shall not occupy said property or buildings - 2 of 4 - until receipt of a certificate of occupancy which shall be issued only upon compliance with the Fridley City Ordinances and the terms of this agree- ment. It is agreed by the parties that said certificate of occupancy shall be cancelled if the owners or their successors in title permit any use of the property contrary to this agreement. It is mutually agreed that the provisions of this agreement shall be binding upon and enforcible against the parties hereto, their successors and assigns and all subsequent owners of the property here described. An executed copy of this agreement shall be filed with the Anoka County Register of Deeds and made a part of and be binding upon the above described property. It is further mutually agreed that in the event the property immediately to the North of the above described property and abutting thereto is zoned for commercial use, that this agreement will be amended to provide that the above described property shall not endure any greater restrictions then imposed on the abutting property to the North of the property described in this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. r In Presence Of LYNDALE TERMINAL CO. By President By Secretary-Treasurer CITY OF FRIDLEY By -CL/ - 3 of 4 - Acknowledgement of Corporation STATE OF MINNESOTA ) ps s COUNTY OF HENNEPIN) On this -''--t day of September, 1966, before me personally appeared Donovan A. Erickson and Ronald A. Erickson, to me personally known, who being duly sworn, did say that they are the President and the Secretary-Treasurer respectively of Lyndale Terminal Co. , a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed by authority of its Board of Directors; and the said Donovan A. Erickson and Ronald A. Erickson acknowledged said instrument to be the free act and deed of said corporation. HARRY H. KNAPP Notary Public, Hennepin County, Minn. (SEAL) My Commission Expires April 24, 1969. 4 of 4 -