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ZOA71-03 CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA PLANNING AND ZONING FORM XX Rezoning Number 10-0 _ XX Special Use Permit Variance APPLICANT'S SIGNATURE The American Oil Company Lot Splits John P. Youngdale Address 4640 W. 77th St. , Suite 328, Minneapolis, Minn. Approval of Pre- Telephone Numbed 55435 liminary Plat 927-4266 Approval of Final PROPERTY OWNER'S SIGNATURE The American Oil Company Plat PRINCIPAL PLACE OF BUSINESS LOCATED AT: Streets or Aller Address 910 South Michigan Ave. , Chicago, Illinois Vacations REGIONAL OFFICE, 114 East Armour Blvd. , Kansas City, Mo. Telephone Number 8lb-561-4140 Other PLEASE SEND NOTICE TO REGIONAL OFFICE AND APPLICANT ONLY Street Location of Property Northeast corner, University Avenue and Osborne Road Fridley, Minnesota Legal Description of Property All that part of the N.E. �, of -N.Wof Section 11, Township 30, Range 24, that lies east of the center line of University Avenue and north of the cEnter line of Osborne Road,_ as said roads are now laid out and constructed Present Zoning Classification R-3 (1960) Existing Use ofjthe Property Vacant, unimproved Proposed Zoning Classification, Special Use, Variance or other request C-2 Describe briefly the Type of Use and the Improvement Proposed Automobi12 Service Station Acreage of Property, 1.8 acres Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Variance or Special Use Permit on the Subject Site or Part of It? Yes Presented to Board ,of A� ppealEWhen? December 1967 $40,07L—=. - r�z 7, What was Requested Special use permit to construct Fee Enclosed $Yes, a kRown a service station Date Filed Unknown Date of Hearing Denied by Board of Appeals on December 20, 1967 A Mr. R. C. Ernst has a contract pending with us to purchase a portion of the above described land adjoining our proposed service station for the purpose of constructing a convenience center. See land use plan attached. Quit Claim Dees. Form No. 31—M. Miller-Davis Co.. Minneapolis. Minn. Corporation to Corporation. Minnesota Uniform Conveyancing Blanks (1931). i Tbiq; 3nbeuture, Made this......................................................day of......................................................1 1911...., between ......................................................AMRICAN...OIL...COMP.�. ......................................................................................... ........................ a corporation under the laws of the State of................................................................................. party of the first part, and .................................CITy....OF....F . .. . cor oration under the laws o the State o ;innesota , aA f f.................... . ................................................................................... party of the second part, Mitnez.getb, That the said party of the first part, in consideration of the sum of ! �al�QO....M.'.Q9).... to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Quitclaim, and Convey unto the said party of the second part, its successors and assigns,aoyever, all the tract............or parcel......... of land lying and being in the County of........................ ...................................................and State of Minnesota, described as follows, to-wit: t A twelve foot (12') Street and Utility Easement being part of Blpck 12, Lowell Addition to Fridley Park described as follo rs: All that part of the Northwest Quarter of the Southwest Quarter of Section 14, T--3O, R-24 described as commencing at a point on the :forth line of said Northwest t'uarter of the Southwest Quarter distant 1043.58 feet East from the Northwest corner thereof: thence Southerly parallel with the Westerly line of Zlniversity ,Avenue Northeast, also known as State Trunk Highw y No. 47, as same is laid out and constructed a distance of 33feet to the actual point of beginning of the tract to be descr bed; thence continue South parallel with the Westerly line f University Avenue a distance of 12 feet; thence East pralel with the North line of said Northwest Quarter of the South est Quarter to the Idesterly line of University Avenue; thenc North along the Westerly line of University Avenue a distance of 12 feet; thence West parallel with the North line of said Northwest Quarter of the Southwest Quarter of Section 14 to the actual point of beginning. All lying in the City of. Fridley, County of Anoka, State of 14innesota. No State Deed Tax Required To Jbabe anb to jbolb the Marne, Together with all the hereditaments and appurtenances there- unto belonging or in anywise appertaining, to the said party of the second part, its successors and assigns, Forever. 1n Teotimoup Eber 0f, The said first party has caused these presents to be executed in its corporate name by its.................................... President and its.........................................................and its corporate seal to be hereunto affixed the day and year first above written.0 '. j ............................................................................................................................. In Presence o ... Its....................................President Its...................................................... w b O A 6. y L o A otit g O o i pA� Oy n FAA o fb n 1-6A EO r►y�1 SU b � �--Y ............sT ...................................................................sa.Lidxa wnsepawoo fly (ssaippd)Z SS UUT14 alma •uuzuno a! n a s an n IN � 0...................... 1q d fzn o� X (aweN) � I T£h9 .............................................................................................................................. ................ Aelplad 30 X10 As ail=fVua SVAA 1NawnN1SN1 SIHl •uoilvaod zao p?vs jo paap puv Ion aa.z j a yl aq of ju97.unagm p?vs paopalacouIoYav.......................................................................................... puv ...................................................................................I...................................................pins pun..............................................................................10 pavog sq? jo fijyoz(Znv fq uo?Zvaod.zoo p?vs jo llvgaq ui pnvas puv pau9?s mat q-uaiunigsuz p?vs gvgq pun `uo?,lv.tod zoo p?ns jo yvas alvaod too ayg s? juaul?mPuz p?vs of paxWv Inas ayl gznij pun `juamwil u?;u?of a.co1 aiI u? 7wvu uoz. vcod.Loo ait jo.......................................................................................aiPun psv.zd..................................97( Z flan?Ioadsac azv fang qnu� fvs p?p...... vaons fgnp out fq {ova ;u?aq `ogaz `uazouay fZZvuoscad aaa o2 .................................................................................................................. puv............................................................................................................................. pazvaddv fZZvuos.Lad `fjunoq p?vs aoj puv u?qZ?.n.................................................................................................................................. v `auc a.co a .............................................................................. o fvP ...............................................Ql u .......................................................................... .. o rqunoj •pa (OfficialEY CITY OF FRID FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that the Planning Commission of the City of Fridley will meet in the Council Chamber of the City Hall at r 8:00 p.m. on Wednesday, April 7, 1971 to f consider the following matter: ,I Consideration of a rezoning request, ZOA No. 71-03 by the Americal Oil Company to rezone all that part of the Northeast Quarter of the Northwest Quarter of Section 11.T-30,R-24, that lies Fast of the centerline of University Avenue and Nath of the centerline of Osborne Road,as said roads are now laid out and constructed(1960),from R- 3 to C-2(general business areas). Generally located at the Northeast cor- ner of University Avenue and Osborne Road. Anyone desiring to be heard with refer- ence to the above matter may be heard at this meeting. OLIVER R.ERICKSON Chairman,Planning Commission ' (March 24&31,197E—TC III OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that the Planning Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 8:00 P.M. on Wednesday, April 7 , 1971 to consider the following matter; Consideration of a rezoning request, ZOA #71-03 by the Americal Oil Company to rezone all that part of the Northeast Quarter of the Northwest Quarter of Section 11, T-30, R-24, that lies East of the centerline of University Avenue and North of the centerline of Osborne Road, as said roads are now laid out and constructed (1960) , from R-3 to C-2 (general business areas) . Generally located at the Northeast corner of University Avenue and Osborne Road. Anyone desiring to be heard with reference to the above matter may be heard at this meeting. OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION Publish.: March 24, 1971 March 31, 1971 560-3450 critOf rid r[e ANOKA COUNTY 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55421 May 11, 1971 N O T I C E RE: CONTINUED HEARING: SPECIAL USE PERMIT, SP #71-03 REZONING REQUEST, ZOA #71-03 AMERICAN OIL COMPANY, REPRESENTED BY JOHN P. YOUNGDALE SERVICE STATION AT N.E. CORNER OF UNIVERSITY & OSBORNE RD. The Planning Commission of the City of Fridley has continued the deliberation on the above two requests until their June 9, 1971 meeting. The meeting is scheduled to start at 8:00 P.M. OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION 560-3450 1" ^ CU5 ride t o cy ANOKA COUNTY 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55421 June 2, 1971 N 0 T I C E CONTINUED HEARING; SPECIAL USE PERMIT, SP #71-03 REZONING REQUEST, ZOA #71-03 AMERICAN OIL COMPANY, REPRESENTED BY JOHN P. YOUNGDALE FOR SERVICE STATION AT NORTHEAST CORNER OF UNIVERSITY & OSBORNE RD. Due to a conflict in schedules, the Planning Commission will continue the deliberation of the requests of the American Oil Company on Wednesday, June 23, 1971. The meeting is scheduled to start at 8:00 P.M. OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION - - The Ame-rican Oil Co.; COF�Nt/ 70A #71403 5F2, #71 03 -- _ .s - •:. . fir � f--'i!f �_4,+.vta--�1:. - tisoJ p S.aidbt �All Ay �- i I.Io IS vri\` :I e r �� 1LJ.02 j0 V N- rl C I��"w��` i ..•M\ \ y V OL i. u. .4J 27oa� !V.5 G •w !! _ �.�V 2 •.� � � .�E E•J•G �`'f'��7V Ia ,� 3 � ES,'c b`'`;f`� '. 1, l: � I L 8` le. ¢ z e•.L,� .,` ; N/"e J,0. G (� ,� d �% e•�u � +__lis_- �---� .c AIJ Se 95 1 ° — - 9 1i -- 21iff. -..Af-fl p Ld D_ ----�f---- � U -- -- — w o (Ileo: I I! IL tf s n , R If +� ro /i 1� f0 ►._..• p x rr' AA 3 q ,- \�`•,y� � T•10!! t7 /J ,fzY• 41(a� ti `.•sem--------' /y f�'t �" - ' I' 1.11-..7� cfi9, .- ...... ...... ..... �, 1 �-� 1 e M' \J �. f �. ° _. ,4, _-��•rf---119�iJAw-.. /Z!/.y u � _. .x.15- /lp 7c.9 � •'� bb`Atr "'\ ya,�, i�,t�,\. S.ds I7.dM 4017M irJ C � �• �,� �4iSOL . I 1 sem.- ~ 49�` :^� l tl t- li �h�q �rce Ls.fiv�v ltis�� Jff -Y w A • /ti A G: '� ..Zai 1/-.. �3� � N � a h� .tip;' it f �1' *�� r t .. F. {� olk I 1d 41 X fO P - /11/ ��•..y^S S� 1`n'� r• CC itI A% .M /c ��1 f za d f6 6 ' ► J y f a` o a Zb ti` '` ° f° bD A° `� AW F t-�tii1�`�S4 74 ( IA AY!.•f.t.N1. � � .,� �y�ti � 10,'/ 41 f �°`•�,7,75'<._ ,fit ..�1'1. p.o��, q ��5�'`� 8 .a ,p� f "� `'.-!ry !a y`U 1 Y vrc �� ^)�A �. /�, �.%•� o ,p �a y I • .'9 Alli �?/.-a 7e Sj? �r°, r `1' M (a �;`.iie tl�1��.-. t �q� \ 'h411 4 -?;. • ��. t� j NOTICE OF P.C. MTG. JUNE 9, 1971. Mailed: May 11, 1971 American Oil Co. : SP X671-03 ZOA 471-03 William Adams Arnold Nyvall 400 Osborne Rd. 315 76th Ave. Fridley Fridley Robt. Ahonen Warren Osborne 330 Osborne Road 7565 Univ. Ave. Fridley Fridley Robert Blosky Eldon Schmedeke 315 76th Ave. 5900 Univ. Ave. Fridley Fridley East Ranch Estates Shell Oil Co. 7620 Univ. Ave. 10 South Riverside Plaza Fridley Chicago, Ill. Oliver R. Erickson Spr. Lake Pk. Village Offices 6056 Woody Lane 8427 Center Drive Fridley Spring Lake Park 55433 Edward Fitzpatrick Standard Oil Co. - John P. YOungdale 5273 Horizon Drive 4640 West 77th St. - Suite 328 Fridley Mpls. 55435 Fridley Assembly of God Church A. D. Strong Co. 472 Osborne Rd. 338 Midland Bldg. Fridley Mpls. Carl Gabriel William Swanson 401 76th Ave. 310 Osborne Rd. Fridley Fridley Vernon Godeen Carl Wahlstrom 376 Osborne Rd. 347 76th Ave. Fridley Fridley Arnold Johnson Western Oil & Fuel Co. 340 Osborne Rd. 7600 Univ. Ave. Fridley Fridley Ralph Lynn George Wilder 7599 Univ. Ave. 361 76th Ave. Fridley Fridley Robert A. Minish Woodcrest Baptist Church 331 Pearson Way 333 76th Ave. N.E. Fridley Fridley Eze�;ial Morena Geo. G. Zeglen, Jr. Fred Housenga 320 Osborne Rd. 841 Rice Creek Terrace 1405 Melrose Ave. Fridley Fridley St. Louis Pk. James Nalezny Lowell Ridgeway g Y R. L. Ernst 350 Osborne Rd. i5 M1943 15th Ave. N.W. Fridley New Brighton 55112 �f�16 I�ul�uG+�s E+rf.HAW(,�E ys�46. P•S. N�(i w N. .s'r 4 0 2 THE AMERICAN OIL COMPANY: ZOA 4171-03 N.E. corner Univ. & Osborne Rd. , SP 4171-03 part of Section 11. Public Hearing Notices before Planning Commission: Mailed 3/17/71 before City Council: Mailed Western Oil & Fuel Co. 7600 University Ave. Fridley Shell Oil Co. George Wilder 10 South Riverside Plaza 361 76th Ave. Chicago, Ill. Fridley East Ranch Estates Carl Wahlstrom 7620 University Ave. 347 76th Ave. Fridley Fridley Spring Lake Park Village Offices Woodcrest Baptist Church $427 Center Drive 333 76th Ave. N.F. Spring Lake Park Fridley Standard Oil Co. Arnold Nyvall 4640 West 77th St. Suite 328 315 76th Ave. Mpls. 55435 Fridley Attention: John P. Youngdale Robert Blosky Ralph Lynn 315 76th Ave. N.E. 7599 University Ave. Fridley Fridley William Swanson Fridley Assembly of God Church 310 Osborne Rd. 472 Osborne Road Fridley Fridley Ezekial Moreno William Adams 320 Osborne Rd. 400 Osborne Rd. Fridley Fridley Robert Ahonen Carl Gabriel 330 Osborne Rd. 401 76th Ave. N.E. Fridley Fridley Arnold Johnson Warren Osborne 340 Osborne Rd. 7565 University Ave. Fridley Fridley James Nalezny 350 Osborne Rd. Fridley Vernon Godeen 375 Osborne Rd. Fridley List of Property Owners within 300 feet of land at Osborne and University. Parcel 2700 Mr. Ralph Lynn, 7599 University Avenue Parcel 2670 William Swanson, 310 Osborne Road N.E. Parcel 2640 Mr. Ezekiel Moreno, 320 Osborne Road N.E. Parcel 2610 Mr. Robert Ahonen, 330 Osborne Road N.E. Parcel 2580 Mr. Arnold Johnson, 340 Osborne Road N.E. Block 2, Osborne Manor Lot 1, Mr. James Nalezny, 350 Osborne Road N.E. Lot 2, Mr. Vernon Godeen, 375 Osborne Road N.E. Lot 3, Mr. George Wilder, 361-76th Avenue N.E. Lot 4, Mr. Carl Wahlstrom, 347-76th Avenue N.E. Lot 5, Woodcrest Baptist Church, 333-76th Avenue N.E. Lot 6, Mr. Arnold Nyvall, 315-76th Avenue Lot 7, Mr. Robert Blosky, 315-76th Avenue Osborne Manor 2nd Addition , Block 1 Lot 1 Fridley Assembly of God Church, 472 Osborne Road N.E. Lot 2 Same Lot 3 Same Lot 4 Same Lot 5 Same Lot 6 Mr. William Adams, 400 Osborne Road N.E. Lot 7 Mr. Carl Gabriel, 401-76th Avenue Lot 8 Mr. Warren Osborne, 7565 University Lot 9 Same Lot 10 Same Lot 11 Same Lot 12 Same Commerce Park Addition Block 1 Lot 1 Western Oil & Fuel Co. , 7600 University Avenue N.E. East Ranch Estates Addition Block 2, Lot 1 Shell Oil Company,10 South Riverside Plaza, Chicago Block 1, Lot 1 East Ranch Estates, 7620 University Avenue N.E. FiOP&(TY ONM�RS WITHIN 200 feet of Property per Ccunty Court House Records, Parcel 2700 Sec 11 Ralph & Elsie W. Lymn 7699 University Ave 2670 ll William A & Mary J. Swanson 310 Osborne Read 26110 11 Ezekiel Z & Ramona I,,oreno 320 Caborne toad 2610 11 Robert & Carol Ahonen 330 Osbcrne Road 2580 11 George &. Justine Corba 340 Osborne Road Lot is Block 2 James L Marcella Na.lezney 350 Osborne Road Lot 6, Block 2 Nordstrom-Odel Co. Ince WO Osborne Road io+, 53 isl.ock I_ Fridley Assembly of God 472 Osborne Road Lot 4. Block 1 Same Lot 3, Block 1 Same I CHRONOLOGY OF EVENTS CONCERNING THE N. E. CORNER OF UNIVERSITY AND OSBORN ROAD. Dec. 9, 1957 Planning Commission considered the request of B. J. Julkowski, the property owner, for a zone change to allow a service station. No action was taken. Dec. 23, 1957 , The Planning Commission recommended that the property be accepted for rezoning to R3 which would allow the property to be used for a service station by Council approval as to type and use. Feb. 13, 1958 Council received Planning Commission recommendation and deferred action until Feb. 27th. Feb. 27, 1958 Council accepted recommendation of Planning Commission and introduced 1st reading of Ordinance #93 in accordance with limitations imposed on R3 Districts. Mar. 13, 1958 Council held second reading of Ordinance #93 and adopted change in zone from R1 to R3 for subject property. Dec. 20, 1967 Board of Appeals recommended denial of application for special use permit for a service station. 1. Property should be used for R3 2. Opposition of surrounding property owners. Jan. 8, 1968 Council received Board of Appeals recommendation for denial. Mr. Brooks of Standard Oil stated he had met with neighbors and 6 of the 9 owners had changed to no opposition. The Council raised the following questions. 1. Use of the property to the North. 2. Frontage Road. 3. Highway Department study. 4. Could building be moved to provide better visual access. The application was tabled to allow staff time to contact necessary parties to research and discuss this matter further. Feb. , 1968 Council received letter from Spring Lake Park approving Fridley's request for frontage road access. Councilmen indicated they individually opposed application for service station because of objections by the people in the neighborhood. The City Engineer was instructed to inform applicant to apply for a public hearing if it wished to proceed. Feb. 19, 1968 Council instructed McDonald from Standard he must make formal application for hearing. Feb. 29, 1968 Council received letter from McDonald which stated an application will be made when the proposed frontage road question is resolved. with Spring Lake Park. Nov., 1969 City revised Zoning Ordinance eliminating service stations by special use permits in R3 districts. March, 1971 Standard Oil made present application for rezoning and special use permit. "FRIDLEY'S FRIENDLY, FAMILY CHURCH" ZOA #71-03: NE corner of University Ave. & Osborne Rd. 472 OSBORNE ROAD ASSEMBLY OF GOD MINNEAPCHURCH:I 78455432 7557 PARSONAGE: 786-4216 REV. G. MARK DENYES, PASTOR March 28 1971 Mr. Oliver R. Erickson Chairman Planning Commission City of Fridley 6131 University Ave. NE Fridley, Minn 55432 Dear Sir: About three years ago the American Oil Company made the same request as they are making now. Namely a Standard Service Station at the corner of Osborne Road and University ave. Northeast corner of said inter section. At that time I expressed hope that it would not be allowed. It is much less needed today. There are two other service stations on this corner. There is also a Stand- dard station on University Ave. at 73, this would place two Standard Staions with in a mile of each other. The corner of Osborne & University is already the scene of too many accidents. A third gas station will only add to problem. There is Unity Hospital, two churches and several apartment buildings already feeding traffic into this intersection and this proposed third service station could well become a fatal bottle neck. I hope we donot feel that a service station on all four corners of every major intersection is necessary. Yours truly Rev. G. Mark Denyes pa, tor. P.S. Due to church services I am unable to attend the meeting in person. BY MY SPIRIT, SAITH THE LORD" Extract of Minutes April 5, 1971 Page two Motion by Councilman Gustayson, seconded by Councilman Conde, that the Council does not find this land use incompatible with the abutting use and to direct the Clerk to provide a copy of the minutes to Standard Oil. Roll call vote: all ayes. Motion carried." 1 ti STATE OF MINNESOTA ) COUNTIES OF ANOKA AND RAMSEY ) ss VILLAGE OF SPRING LAKE PARK ) I, the undersigned, being the duly qualified and acting Clerk of the Village of Spring Lake Park, Anoka and Ramsey Counties, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of a meeting of the Council of said Village held on the date therein indicated with the original minutes thereof on file in my office, and that the same is a full, true and correct transcript thereof insofar as said minutes relate to discussion of the request from the Standard Oil Company for permission to connect to the Village sewer system. WITNESS my hand and the seal of said Village this 7th day of April, 1971. LA Village Clerk (SEAL) i i F E: i x CITY OF F RIDLEY x PETITION COVER SHEET No. 12-1971 Petition No. 1 2.1971 Date Received April 13, 1971 ( J(1-7171 Object For rezoning and-permit to allow construction of a convenience enter and service station -by the American Oil Company. I E Re: Application ZOA No. 71-03 and SP No. 71-03 Petition Checked By 1 r�; � Date Percent Si ing -CL Referred to City Council I Disposition PETITION The Honorab _e City Council and Plannin Commission City Hall Fridley, Mi esota Re: Application 70A #71-93 and SP #71-03 Gentlemen: We the undersigned, owners of property in close proximity to the above captioned property hereby petition your Honorable Bodies to grant the rezoning an permit to allow construction of a convenience center and service station. d' / n �' ' � ��;- 'i��,i-'4�` ,Z,,iLC`z. :' •DFL'�:�-'t�- .''� —_.�.J��–.=_ � /� (i_/��c'.� 4�L,-��---------•----- I / 1 7 PETITION NO. 13-1971 -Re: ZOA #71-03 & SP #71o:0' ` YU 0017 � � S 4y •? Z �� V`r Lj„� ' -!�L Yoh; D �•.- ..e-.. :a r' N f' L Y' 17 ��` �✓�` i� `,sem- -`�" :mss_:szr-•�_- :t��r/. -- y} �`�•, ��9 '` �— ';_', .� I •Ery • tJ> . .. Af - •. W Ld v ,ip. ✓!?eY�` l f i r< 'ter`l`-y':13 ` -L% � ; ._ o Lli r N �• LLJ •♦!•7 j.w.-_-..—. .__.. � Id � �� I � ♦ h Ls � �-- • _ X t LO ly - fit 10"i TH 75 ♦'' WEI_ 5C7:•.mow• f!)Df 4N \ �� My (�11 j i 't• Gam. 4: _ �J�.�/�uS':�r:7I,'�'i•/e ' 1 • L � Zor 4 X .. J 7• 11.� .�. .is I , •�,... •. .. � LJ 1 � �` d� C'_ jr jJ �._ r � SII •� ! '�°,.; Y � �: 19 LAW OFFICES HALL, SMITH, DUSTER, FEIKEMA & HASIKVITZ CHARTERED WYMAN SMITH SUITE 1050 LEONARD T. JUSTER BUILDERS EXCHANGE BUILDING HENRY H. FEIKEMA MINNEAPOLIS,MINNESOTA 55402 RONALD L.HASKVITZ OFFICES IN:FRIDLEY& OSSEO JAMES R.CASSERLY AREA CODE 612 CARL J. NEWOUIST TELEPHONE 339-1481 DOUGLAS HALL May 17, 1971 OF COUNSEL Mr. Marvin Brunsell , Acting City Manager City of Fridley 6431 University Avenue N. E. Minneapolis , Minnesota 55432 RE: Rezoning application of Standard Oil Dear Marvi : I 've been asked by Standard Oil to represent them in the rezoning of the Northeast corner of Osborne Road and U. S. Truck Highway No. 47. I under- stand from, talking with Mr. Youngdale of that company that the City is in the process of passing a new service station ordinance. I would appreciate very much having a copy of the draft that's presently being considered. Would you tend it to me please. Yours truly, Wyman Smith WS:amb 560.3450 r 1 Ci 0, 111:7—, I p„ 7Y 6/ �f ANOKA COUNTY c I 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55421 May 21, 1971 Mr. Wymanl Smith Suite 105P Buildersxchange Building Minneapolis, Minnesota 55402 j Dear Mr. smith: i ( Enclosed please find the preliminary draft of the ordinance lregulating service stations as requested in your letter of May 17, 1971. Iif I can be of further assistance to you, please feel freelto call me. I Yours truly, I � � PETER J HERLOFSKY j Planning Assistant P,H:jkl f FEDERAL CARTRIDGE CORPORATION �.� 9TH AND TYLER STREET ANOKA, MINNESOTA 55303 f' r June 21, 1971 Planning Commission City o Fridley Fridley, Minnesota 55421 Gentlemen: Thank you for informing me of the second hearing regarding the i Special Use Permit for the northeast corner of University Avenue and Osborne Road. Unfortunately I have to be out of town and cannot attend the hearin ; however, I have had no reason to change my mind about the inadvisability of permitting another filling station on this corner for the reasons I expressed at the first meeting. It would appear to me that adding another station to the present saturated condition would riot be in the best interests of anyone concerned. Sincerely, FZPERA,L ' RTRIDGE CFations N - Ralphts ynn Vice Pdent, Ope RBZ;b SPORTING AMMUNITION 'r LAW OFFICES HALL, SMITH, DUSTER, FEIKEMA & HASKVITZ CHARTERED , WYMAN SMITH SUITE ICSO LEONARD T. JUSTER BUILDERS EXCHANGE 13UILDING HENRY H. FEIKEMA MINNEAPOLIS,MINNESOTA 55402 RONALD L.HASKVITZ JAMES R.CASSERLY OFFICES IN: FRIDLEY 6 OSSEO CARL J.NEWOUIST AREA CODE 612 TELEPHONE 339-1481 DOUGLAS HALL OF COUNSEL September 1 , 1971 Mr. Norm Osterby District Engineer Office #5 MinnesotaHighway Department 2055 Lil c Lane Golden V lley, Minnesota 55422 RE: Northeast corner of University Avenue and Osborne Road City of Fridley Dear Mr. Osterby: The writer has represented Standard Oil Company, a division of American Oil Cotoning ny, before the City Council of the City of Frjdley in connection with a request, ZOA #71 -03 and a special use permit SP #71 -03, on this parcel of ground. This is a triangular shaper .>iece of property contiguo s to the Village of Spring Lake Park but within she corporate limits of the City of Fridley. My client bought the rope;-ty L re than a dozen years ago after its zoning had been structured so tr,a- could erect anautomobile service station. Subsequent to the acqu,,si-Lion the -e have bee code changes in the zoning law so as to require a change in zoning and a special use permit. My client's intend to erect a very mo(_ -,r;, `first-cl ss station on the corner and to have a further complex for thre or more mall shops. At a mee�ing of the City Council on August 30, four-tifths of the Council approved the proposed changes subject to several conal; -;ons . The major request r condition was that the property ow er , oi: wi; t;;e City of Fridley �n a petition to the Minnesota S,-ate Hi g',way e:;t for a wal K sign to be added to tr,t ctu-comat4c semi phore to ttix cc; )E iestrian traffic across isbo.-nc Road on the east s,1:01,, of h : , ;,;,. Please consider this lette, suc,% an application. A is bein, sent to Mr. ivas , Stu �,. the C i ty Engineer ,_G dl ey, and I undersand a si, i ar reqnest will be comin5 f'r: . r, :s int to you. Merr.3ers of cne City Co incl i and ocher peop:: cG:.c`r,::a ,-;;rrmun i cy fee Ana once the njr�neast corner at this lntersecz-.6:. J;•cved with Mr. Norm Osterby Minnesota Highway Department Page Two September 1 , 1971 shops andl a service station that there will be extensive pedestrian traffic across Osborne Road. The request would be for immediate installation as the improvements for the corner will be going forward this fall . In the event you find that the present pedestrian traffic does not justify the walk signal , would you agree to such an installation when pedestrian traffic would warrant it. That is likely to be most helpful . Yours truly, Wyman Smith WS:amb CC: Standard Oil Company, Attention John P. Youngdale Masi Qureshi , City Engineer, City of Fridley Gerald Davis, City Manager, City of Fridley - a 643�UNC�'cRID�E'1' r c VE N•Q AM Stp 2- l Q;j 7i8r9,1oi11,� pM i1i2'3i4+5r6 September 9, IJ71 hr. or.ee usterby i;istrict Engineer ili'gh�ay District 2055 ' Lilac Drive .,.'o. Minn apolis , Minnesota 55422 RE Feasibility Study For Installation of "WALK" Signals Uri Intersection of T.H. #47 and jsborne Wad. Lear :I Norm: Iiie City of Fridley is concerned about pedestrian safety at t4e above mentioned intersection. ,Nov ti ere is a request before the City Council to develop a gas station and cony�aieace canter in the Northwest Quadrant of this intersection, whic4 we feel, if built, would considerably increase pedestrian trafic irl tais area. �We are requesting the Minnesota HigIiway Department to make feasibility study for installation of "WALV signals a Oil 1 four sides of the intersection and the cost involved, l so ti"tat proper planning can be done to handle future pedestrian traffic. 'hank you for your consideration and help. Yours very truly, City Engineer-Director of Planning cc; �ick Llasky, District Traffic Lagineer Carald X. Davis ., City Manager Plow ,n K i .ty ri S AMpm 6 4w Y•�' ,r r S v '� it �°4J �� rs �xxAx '� .��"^4'��r � v`r�.d �. 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ECE IV E Q OCT K 19; i AM PM 7i819i10111i12ili2,3i4A6 rpao-� - STATE OF MINNESOTA DEPARTMENT OF HIGHWAYS C15TRICT NO 5 2055 NO.LILAC DRIVE MINNEAPOLIS, MINN. October 1, 1971 Mr. Nasim (Qureshi City Engineer City of F dley 6431 University Avenue Northeast Fridley, Minnesota 55432 In Replyefer To: 315 C.S. 0205 T.H. 47 ® sborne Road In Fridley Installati n of Pedestrian Indications Dear 1,1r. eshi: Thank you or your letter of September 91 1971, regarding the insta7.lation of "Walk Dontt Walk"" indications at this intersection. We havere ' e7med the roadway geometrics and existin commercial development in the nor hvrest and southeast quadrants and the future planned development of a gas s ation, a small grocery store, barber shopq and beauty parlor in the northe st quadrant. With this ture and inplace commercial development, pedestrian traffic will increase. Therefore, "Walk - Donn Talk" signals will be installed in all four quad r is of the intersection to control pedestrians walking in all directions These indications will be installed under a signal revision project fo traffic control systems on T.H. 47. Bids for this project are tentativel scheduled to be opened on December 17, 1971' end construction operations should begin in the second quarter- of 1972. Because this work can be included in an already programmed project, the cost will be as vd by the State. Sincerely) N. R. Oste by District neer By: R. A. El.asky District Traffic Engineer cc: Gerald R. Davis - City 1 anezer John P. YounUdale - Standard Oil CoLlpany WymanlS'mith - Hall2 Smith, Justery Feikema & Haskvitz i 6, 490 UNI . AVE. I - - (/,/cr, Zo I i do'iz ��y+�y i(�r r P 4�y ,•l 5- � �'at .- �.y t ,,ter t e a � 7 20,ms �a v A-01 Qq rip AN s e t na OWN Orr R j' vy"W+ MA - 41 0 Ivy: If ,. - .y� a $ fAAI h } . My, t j M SEA VAN :x = a F ` s - , w 3 s PLANNING COMPfISSION MEETING MARCH 3, 1971 PAGE 1 The meeting was called to order by Chairman Erickson at 8:00 P.M. ROLL CALL: Members Present: Minish, Zeglen, Erickson, Fitzpatrick, Schmedeke Members Absent: None Others Present: Darrel Clark, Engineering Assistant APPROVE PLANNING COMMISSION MINUTES : FEBRUARY 17, 1971 Mr. Fitzpatrick called attention to the motion on Page 6 pertaining to the approval of the rezoning and special use permit requests by Colonial Services, Inc. and stated the intent of the Planning Commission would be stated correctly if, in the next to the last line of the motion, the words "unt l that time" are deleted -- service bays are not to be allowed. MOTION by Minish, seconded by Fitzpatrick, that the Planning Commission Minu�es of February 17, 1971 be approved with the following correction: "---Ithat the second reading of the ordinance be held up until the plans arepproved and the service bays not be allowed" as stated above. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: FEBRUAPY 18 1971; MOTION by Zeqlen, seconded by Schmedeke, that the Planning Commission recejive the minutes of the Building Standards-Design Control Subcommittee mee ng of February 18, 1971. Upon a voice vote, all voting aye, the motion carr ed unanimously. RECE�VE BOARD OF APPEALS MINUTES: FEBRUARY 23 1971 MOTION by Minish, seconded by Zeglen, that the Planning Commission receive the minutes of the Board of Appeals meeting of February 23, 1971. Upon a voice vote, all voting aye, the motion carried unanimously. Chairman Erickson asked that the Order of Agenda be changed as he wished to absent himself during the discussion of Item 1, taking the items in the following order: Items 5, 6, 2, 3, 4, 7 and 1. 1. SET PUBLIC HEARING DATE: Proposed preliminary plat, P.S. 471--01, by Keith Harstad being part of Lot 7, Auditors Subdivision #22 (Rice Creek Road and Stinson Boulevard and approximately 131 acres) . 2. SET PUBLIC HEARING DATE: The American Oil Company by John P. Young- dale, petitions for rezoning and s ecial use permit for all that part of the NFh of the NW-4 of Section 11 that lies East of the centerline of University Avenue and North of the centerline of Osborne Road as said roads are now laid out and constructed (1960) . Planning Commission Meeting - March 3, 1971 _ Page 2 MOTION by Zeglen, seconded !-)y Minish, that the Planning Commission set a public hearing date of April 7, 1971 for consideration of a Preliminary Plat, P.S. #71-01, by Keith Harstad, being part of Lot 7, Auditor's Sub- division #22 and a request for rezoning, ZOA #71-03 and a .Special Use Permit, Sp471-03 to rezone from R-3 to C-2 to permit a Service station, `or part of th NE;4 of the NW4 of Section 11 by the American Oil Co. Upon a voice vote, al voting aye, the motion carried unanimously. 3. REVIEW AND FORMULATION OF POLICY REGARDING FUTURE DEVELOPMENT OF GAS STATIONS: Chairman Erickson explained that this item was brought up as a recommenda- tion from the City Engineer for studv of future service station sites, and tolquestion whether or not we need additional service stations in. this com- munity. Darrel Clark said the City Engineer would be present for the Manch 17th meeting. MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission tablhe the item of Review and Folriulation of Policy Regarding Fu*ure Develop- menit of Gas Stations to the March 17, 1971 meeting. Upon a voice vote, all voting aye, the motion carried unanimously. 4. CONSIDERATION OF CITY ZONING ORDINANCE TO REQUIRE A DOUBLE GARAGE FOR A SINGLE FAMILY DWELLING AND A FOUR STALL GARAGE FOR. A TWO FAMILY DWELLING: Chairman Erickson stated this item was in answer to a letter written to thelCity regarding the ordinance on garages. A copy of the letter was in- cluied in the agenda. He continued, that he felt strongly about this , and he would like the Planning Commission to study the ordinance and come back on March 17, 1971 with their own thoughts. He felt that items concerning build- inglcodes and zoning in this community should be brought before the Planning Commission. In his opinion, any changes in zoning or building should not be made without a public hearing to give the people an opportunity to express the r thoughts. I MOTION by Schmedeke, seconded by Fitzpatrick, that the Planninq Commission table the item Consideration of City Zoning Ordinance to Require Double Garages forlSingle Family Dwellings and Four Stall Garages for Two Family Dwellinqs until the March 17, 1971 meeting. Upon a voice vote, all voting aye, the motion carried unanimously. 5. ADOPTION OF 1970 UNIFORM BUILDING CODE AND THE AMENDMENTS THEREOF: 6. Regarding this item, Chairman Erickson said he also expressed interest that the City consider adoption of the 1970 Uniform Building Code. In this regard, he wrote to Council expressing his interest to have a hearing before thelPlanning Commission and any other interested parties of the City with regard to the adoption of this Code and they be given an opportunity to expt ess their opinions. I He asked that the meeting be advertised in the Sun Newspaper and by letter to any interested Body. Planning Co sion Meeting - April 7, 1971 Page 3 -2. PUBLIC HEARING: REZONING REQUEST, ZOA #71-03 AMERICAN OIL CO. BY JOHN P. YOUNGD To rezone that part of the NEk of the NWk of Section 11 lying East o the centerline of University Avenue and North of the centerline of Osborn Road as said roads are now laid out and constructed (1960) from R-3 to C-2. Generally located at the Northeast corner of University Avenue and Osborne Road. 3. PUBLIC ARING: SPECIAL USE PERMIT SP #71-03 AMERICAN OIL CO. BY JOHN P. YOUNGD E: To construct on the Northeast corner of University Avenue and Osborne Road a service station in a C-2 District per City Code, Section 45.101, 3E. Chairma Erickson informed the audience that the public hearings for the rezoning regiest and special use permit would be considered at the same time. He then read the public hearing notice for the rezoning request, ZOA #71-03, American Oil Company. MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission waive the reading of the public hearing notice for the special use permit, SP #71-03, �rican Oil Company by John P. Youngdale. Upon a voice vote, all voting aye, a motion carried unanimously. Chairma Erickson explained that the legal description for the special use permit is pa t of the area that the rezoning request covered. Mr. Joh Youngdale reviewed the previous history of this rezoning request. He said abou 13 years ago he was the person involved with the purchase of said property fro Bernard Julkowski and wife. At that time, the land was zoned to R-3 and a pe t could be obtained by special use permit from Council for con- struction of a service station. The Company transferred him to California and, while he was gone, the uses permitted under R-3 were changed in 1969 so that service stations were not allowed under R-3. Now an application is made to rezone the p operty to C-2 and ask for a special use permit at the same time to construct a service station which is allowable under C-2. He felt it would be desirable to plan for the development of the property which would normally come under a C-2 District. He has entered into a contract to sell the unused portion of e t property to Dick Ernst. The architecture of the service station they would build would also be used for the type of building planned by Mr. Ernst. Mr. Low�ll (Red) Ridgeway, member of Minnesota Petroleum Council, presented slides depicting service stations and their contributions to the betterment of communities. Mr. Yogdale continued that in the development of this property, Mr. Ernst assis�td him in preparing a general land use plan for the portion they are sellingim. In connection with that, Mr. Ernst called upon Anoka County Highway Engineer to ask if the plans for their driveways, etc. , would be acceptable. Mr. Lundheim gave his approval for the driveway arrangement. The layout of the service station was shown by Mr. Fred Housenga. He stated they were alerted to the fact of the trip arrangement for the traffic signal at the intersection, but they felt their driveways would not conflict with it. Plgap1ML Commi.ssion Meetin - April 7 1971 4 Mr. YOUILgdale said that a related issue was the involvement with water and sewer needed to make use of the property and develop it. It was suggested the American Oil Company appeal to the Village of Spring Lake Park to give them permission to tie into their sanitary sewer connection which abuts the property on the North line. At the Spring Lake Park Council meeting on Monday, April 5, 1971, the Council agreed to accept the decision of Fridley. Copies of the Spring Lake Park meeting were given to the Commission. Referring to the layout of the servi a station, Mr. Youngdale said this was a precise rendering of what they would like to build. It incorporates all the finest and latest features in service s ation design. Mr. Ernst's development would have exactly the same archite tural treatment. In answ�r to Mr. Zeglen's question of wt►y the American Oil was building a station on t at particular corner when there was one on Osborne and T.H. #65. Mr. Youngdale said that he has, for twenty years, been involved in planning service stations across the country. University and Osborne, in their opinion, is a definit arterial market. There is the pending development of shopping centers. Th:y use what they call "halo effect". This is having filling stations within desigated areas, not too far apart so that the people in the area become familiar with the locations of the stations, and if they need a service, and it is not convenient to go to the usual filling station, they know where there is another Standard Station in their area. They feel it is a type of advertising. Darrel Clark said that the sewer service would come from Spring Lake Park, and agreed to by their Council, but the REC charges would still have to be worked out. There will not be a service drive adjacent to University Avenue. There would be two driveways from the service station onto Osborne Road and also an opening between the service station and the area Mr. Ernst is developing. This area has a driveway at the Eastern edge of the parking lot onto Osborne Road. There is the possibility in the future that Spring Lake Park might want an entrance at the North edge. Chairman Erickson asked if it would be possible to prohibit a service drive. The Engineering Assistant said that no easement could be granted to the City of Fridley unless the City would accept it. There is no service drive at the North edge of the ':deke operty because the buildings are tight up to University Avenue. Mr. Sch was very pleased to see trees being used in the plan for the landscaping., Mr. Youngdale said it was in the landscaping plan along with using a redwood fence. Peter 4erlofsky brought out the fact that the zoning to the North in Spring Lake Park is industrial -- to the South in Fridley, it is R-1. The point of the property ends at the curve of Osborne Road and Terrace Road in Spring Lake Park is 400 feet to the East. There was a discussion about filling stations selling cars, repairing cars, renting U-H uls, etc. If a filling station isn't making a living just selling gas, the ovier turns to other means of earning power. Although he could take on other products with a special use permit request, it would be pretty hard to turn down a request because of hardship. Mr. Youngdale said the American Oil Co. definitely Towns on this practice and tries to discourage it as much as possible. Mr. Housenga said he was also a member of the Minnesota Petroleum Institute and they are working with the City of Minneapolis for a system of renting or a permit system for trailerap which can be included in an ordinance. Plannin& Co ssion Meeting - April 7 1971 Pae 5 Mr. Sch edeke asked about selling autos at a filling station. Mr. Youngdale said the Ame ican Oil Co. does not like to have their stations in the used car sales. Mr. Ralph Lynn, 7599 University Avenue: Mr. Lynn said he protested the request forfilling station the first time it was presented. He had even considered protesting it in court at that time. He felt the City of Fridley had ample se vice stations. He noted a redwood fence would be built to protect apartment ho sea, but every car would illuminate his bedroom. Traffic situation: He understoo there would be a trip signal. At times in the morning and after- noon he has ad to wait ten minutes before he could get on Osborne. Another traffic ligh would jam it up completely. He thought the Planning Commission has an oblig tion to protect the citizen who lives in Fridley. He was against the rezoning request. In answ�r to Chairman Erickson's question of what he would like to see there, Mr. L}}nn said a lesser form of business -- he didn't plan beyond that. Robertonen, 330 Osborne Road: When this property was under the old zoning ordin nce and the jurisdiction of the Board of Appeals, the Board of' Appeals denied the request for a filling station on this same corner and that decision was upheld by the City Council. He did not think the situation or atmosphereanged, but the City of Fridley has changed. Perhaps there should be a little re cooperation with the property to the North. Apparently this has been don with sewer and water. He felt the Planning Commission should wait and see what the developments are going to be to the North before we clutter up t e intersection. We may have a boulevard down the center of the road which p ohibits left hand turns. In line with this, there is the problem of trailers :sem we get people to quit requesting trailer licenses? The answer is ob ious. JYou simply limit the number of gas stations so that everyone can make a 1 ving without selling trailers. The Planning Commission is making a study of g s stations. It might be well to wait until the close of that study to determine whether we have taken a step forward and wish we had taken two steps backwads. Sometime ago there was a problem of resale of residential property fac ng commercial or industrial zoned property. He did now know whether thatwas still a consideration with the loaning companies. This is a consideration, however, for those who are in R-1 District and will be facing an industria district in Spring Lake Park. He thought the Commission should wait. He fe t there was a better use for that piece of land, and the Commission should const er if it would be safety wise for their children and in the best interes s for the City of Fridley. Bill Swanson, 310 .Osborne Road: Mr. Swanson said he had nothing more to add. He was ((naturally against the request because he was the one who would be living across the street from the gas station! Mr. Ernst said he met with the landowner of the property North of this area. Negotiations are under way for the sale of the vacant property to the North for a edical clinic, and North of that is a park. He presented a petition sig;ed by eight immediate property owners who favored the service station. MOTION by Fitzpatrick, seconded by Zeglen, to receive the petition presented by R. C. Ernst and signed by eight property owners in favor of the rezoning application, ZOA #71-03, and Special Use Permit, SP #F71-03, and give the date of this meeting (April 7, 1971) to the petition. Upon a voice vote, all voting aye, the motion carried unanimously. Planning Commission Meeting - April 7, 1971 Page 6 MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission receive a map designated as Exhibit #1, with the following inscription "Approved 3-23-71 subject to concurrence of City of Fridley, E. J. Lundheim". Upon a voice vote, all voting aye, the motion carried unanimously. Chairman Erickson referred to the letter in the Agenda on Page 40A from the Fridley Assembly of God Church written by Rev. G. Mark Denyes, pastor. The letter waslin protest to another service station at the intersection of Univer- sity Avenue and Osborne Road because there are two filling stations presently there. AOTI by Schmedeke, seconded by Fitzpatrick, that the Planning Commission close the public hearing of the rezoning request, ZOA #71-03,to rezone from R-3 to C-gland a request for a special use permit, SP #71-03, to construct a service stion in an C-2 District by the American Oil Company represented by John P. Yo�ingdale. Upon a voice vote, all voting aye, the motion carried unanimouslylI. Mr. Ze�glen suggested the item be tabled for at least a month. Mr. Schmedeke would like it delayed also because this evening was the first time they were s,hown plans and it would only be fair to give the Commission more time for stludy. Chairman Erickson agreed and also for the sake of not taking up unnecessary additional time of the petitioner. It would be well to continue for 30 days and review after the study of gas stations. MOTION by Zeglen, seconded by Schmedeke, that the rezoning request, ZOA #71-03, and the special use request, SP #71-03, by American Oil Company be continued f r 30 days at which time the Planning Commission should have come to some kin of conclusion after the study of the future development of gas stations. ton a voice vote, all voting aye, the motion carried unanimously. Chai Erickson informed the audience that these requests would be heard again, on May 5, 1971. 4. LOT SPLIT RBQTXSSTT^:_ L.S. #71-04, BYDOKVIBW INVESTKM COMPANY REPRESENTED BY VIRGIL HERICR: Part of Lots 2 and 3, Auditor's Subdivision No. 59, to provide a new building site off 63rd Avenue. The En ineering Assistant explained that this property is under one ownership a this time. The parcel is divided at the rear of the lot line to make a buil ing sift for another structure facing 63rd Avenue. Both parcels are 25,000 quare feet. The only question is that of the legal descriptions. They are a it lengthy but have no angles or bearings. The Subcommittee felt that to req re a plat fox just two lots was asking for a bit too much. Chai Erickson asked for the description. He explained the reason being the o vious relationship of the party involved with the City is such that he did not eel the petitioner should be put into a position where he could get any critici m. Darrel Clark read the description of the parcel where the building now is as Lots 2 d 3 except Sandy Terrace. This would be the first description, the second one s the total description of the first one with the exceptions. i Planning Commission Meati.ng - May 5, 1971 Page 7 Referring to advertising, the main purpose is to get the people into the house and one that they can afford. There will be no electric sign used for adver icing, but they will use a subtle identification. They figure about 50Z o the people come ,to the display because they are in the area. ION by Minish, seconded by Fitzpatrick,that the Planning Commission recon ad to Council approval of the Special Use Permit, SP #71•-05, Shelter moms Corp. for a six months trial basis of a Model Hare Center on Target props ty subject to the proper waiver of the public hearing, subject to the HeaIPENED: Department waiving the connection to City water and sewer for the six monuration of the temporary special use pezuLt. If the petitioner wishes to d the permit beyond this six months period, he will have to cane back tolanning Commission and he will have to connect to City sewer and water if xtension is to be granted. Upon a voice vote, all voting aye, the mo tarried unani mous ly. 3. ULST TO APPROVE CONCEPT OF PA_EL-I-MTuasY PLAN FOR TOiNKME DEVELOPMENT, ROGER LARSON: North 813 feet of East 3/4 of NEk of of S ction 13. ION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission reopen the request to approve the concept of a preliminary plan for a Townhouse Develo went by Roger Larson. Upon a voice vote, all voting aye, the motion carni unanimously. airman Erickson asked Mr. Larson to get a copy of the Townhouse Ordinance which pells out the requirements for a hearing on the approval of a townhouse concep He explained that the Commission felt there was not enough green space. If the garages could be attached, it would help solve that problem. Mr. Fitz- patric said that the proposed plan gave the impression there was too much buildi g and blacktop. The elevations were not ready and the plans should be drawn o show maximum space so the layout is not crowded. . Larson said that he would comply with all the requirements and that he had pl my of time to do so. ION by Zeglen, seconded by Fitzpatrick, that the request to approve the concep of a preliminary plan for a townhouse development by Roger Larson of the No th 813 feet of the East 3/4 of NES of NES , Section 13, be returned to the B lding Standards-Design Control Subcommittee. Upon a voice vote, all voting aye, the motion carried unanimously. 8. NTINUED: POLICY REGARDING FUTURE DEVELOPMENT OF GAS STATIONS: P ter Herlofsky said that he met with the Minnesota Petroleum Council last w ek and the material he submitted to the Planning Commission is a result of tha meeting. He continued that the zoning Required for gp@ stations in Fri ley is C-2, C-2S and that very little of this is left. The suggestions submit ed are minimum requirements similar id character to the conditions noted n our sign ordinance for billboards. T e Chairman felt the Planning Commission should look these recommenda- tions ver more carefully and would put this first on the agenda at the next Commission meeting. r • Planning11Commission Meeting - June 23, 1971 PAGE 2 2. CONTINUED: REZONING 0 NG RE UEST ZOA 47 Q � -03 � AMERICAN OIL CO. BY JOHN P. YOUNG- DA 1 To rezone that part of the NES of the N04 of Section ll lying East of enterline of University Avenue and North of the centerline of Osborne Roa as said roads are now laid out and constructed (1960) from R-3 to C-2. (No theast corner of University and Osborne Road) Public hearing closed 4/7/71. Wyman Smith, John P. Youngdale and R. L. Ernst were present. Chairman Erickson explained that the public hearings had been closed on April 1971, but if any member of the Planning Commission wished to have it reopened a motion would be in order. Mr. Smith said they were not asking for the hearing to be opened. He has read the minutes of the last meeting and Mr. Ernst has a statement he would like to make Of a conversation with the pastor of the Church. He thought he would report to the Planning Commission members that two houses have for sale signs and one is sold. Chairman Erickson gave a short resume of the previous rezoning of the property} He said it was rezoned for this particular purpose. The Commission has been furnished with information regarding taxation and service stations re- lating t other property. A study has Just been completed relating to Special Use Perm t of any property as well as the problem we may have on this property as it relates to the community itself. They have also received information from the Minnesota Petroleum Council relating to the density of filling stations. Mr. Zeglen referred to the St. Paul Waterworks easement. Darrel Clark ex- plained that any type of development that would want to cross the easement would have to have a 6 inch concrete crossover. The capacity of the oil trucks is 10,000 pounds. Shell Oil has built slabs over existing main. Mr. lYoungdale said he was not prepared to answer that specifically, but whatever the St. Paul Waterworks would require for access to and from the property, they would construct the approaches in such a fashion that they would be�within their requirements. Mr. Housenga has had experience with this type of thing. The Chairman said that in 1959 the property was rezoned upon the request of StandardlOil Co. At that time, the procedure was discussed to place a station on it. a petitioner was told to rezone. There was a request for a Special Use Permit f ve years ago and denied at that time. Mr. Youngdale explained that the Company had a program where they would acquire property anticipating its future use. It was a land type bank invest- ment. Ilk IZeglen commented that two other competitors beat them to that corner. Why didn't they move faster? Mr. Youngdale said the Company sets up a budget for real estate improvement or acquisition. It is a calculated arrangement with the Company. Sometimes in order tol take advantage of a development, the decision is to spend money for real estto improvements in a certain location. At Osborne Road they were al- ready fe owners and did not anticipate any problem by deferring the develop- ment of lthe station. r Planning commission Meeting - June 23, 1971 Page 3 Mr. chmedeke said his thoughts were about the same as Mr. Zeglen's. We now have o service stations on the West side of T.H. #47. Rezoning now would be spot z ning, though probably in its best form. At the last meeting neighbors were pres nt objecting and the Church objected, because of more traffic con- gestion. With the Company having two stations in close proximity, one on Central Avenue an Osborne Road and one at the car wash, considering another Standard station that close does not make sense in his eyes. Mr. oungdale said again he wanted to say it is a matter of timing -- how the an: budget is allocated. In this instance, he thought efforts were directed n not simply proposing to construct a Standard Station, but to incor- porate a lanned land use contributing to taxes and many other things. The proposed tation has architectural arrangement and treatment. It is very impor- tant, in his view, to make it a compatible thing to the City of Fridley. They are not hre tonight solely asking for rezoning and special use permit, but they were offs ing a suggestion to the City of Fridley an overall plan use for land now being used and it would be compatible with the Spring Lake Park development to the No th. The ount of land in the rezoning request is 1.8 acres, which is the total parcel an 1.0 acre is the amount of land in the Special Use Permit. Mr. oungdale presented a certificate of survey. The hairman said that first of all, he did not think it is the duty of this Coma ssion to ascertain whether the competition between this particular station d other stations in the area is something they should have to determine. Secondly, they should determine whether the use. of the property is proper and if not pr , if the present zoning is the proper one. He said they have been discuss, problems of filling stations for two months, and they are becoming a problem t the community. MOTI N by Schmedeke, seconded by Zeglen, that the Planning Commission recom- mend to uncil denial of the Rezoning Request, ZOA #71-03, by the American Oil Company rezone that part of the Northeast Quarter of the Northwest Quarter of Section 11 lying East of a centerline of University Avenue and North of the centerli a of Osborne Road as said roads are now laid out and constructed (1960) from R-3 (general multiple family dwellings) to C-2 (general business areas) for the foll ing reasons: 1) There are two service stations already at the inter- section f T.H. #47 and Osborne Road. 2) This is very much spot or strip zoning. 3) Nei g rs and church objected at our public hearing. 4) Would create more traffic ngestion. 5) The Company has two other stations in close proximity. 6) No o jection to the zoning that is there now. Upon a voice vote, all voting aye, the tion carried unanimously. MOTI by Schmedeke, seconded by Fitzpatrick, that the Planning Commission recommend to Council denial of the Special Use Permit, SP #71-03, American Oil Company, o construct, on the Northeast corner of University Avenue and Osborne Road, a srvice station in a C-2 District per City Code Section 45.101, 3E. Upon a voice �tte, all voting aye, the motion carried unanimously. Chairman Erickson informed the petitioner that his requests would go to Council on July 12, 1971. For the record, the petitioner said they would want a public hearing before the Council. OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the Cit of Fridley will meet in the Council Chamber of the City Halat 7:30 P.M. on Monday, August 9, 1971 to consider the fol owing matter: Consideration of a rezoning request, ZOA #71-03 by American Oil Company to rezone all that part of the Northeast Quarter of the Northwest Quarter of Section 11, T-30, R-24, that lies East of the centerline of University Avenue and North of the centerline of Osborne Road, as said roads are now laid out and constructed (1960) from R-3 (general multiple family dwellings) to C-2 (general business areas) . Generally located at the Northeast corner of University Avenue and Osborne Road. Anyone desiring to be heard with reference to the above matter may be heard at this meeting. JACK 0. KIRKHAM MAYOR Pubish: July 21, 1971 July 28, 1971 f REGUTAR COUNCIL MEETING OF JULY.12, 1971 PAGE 18 REZONING REQUEST, ZOA #71-03, AMERICAN OIL COMPANY BY JOHN P. YOUNGAALE: To rezone that part of the NE14 of the NA of Section 11 lying east of centerline of University Avenue and north of the centerline of Osborne Road as said roads are now laid out and constructed (1960) from R-3 to C-2 (Northeast corner of University Avenue and Osborne Road) Mr. John Yo gdale wap present to answer any questions the Council may have. The City Eng'neer reported that the Planning Commission recommended denial of these reques s. There is a letter in the Agenda from the Attorney for the applicant requesting a public hearing before the Council. There is also a petition from some adjacent property owners in favor of the rezoning. Councilman, H rris asked when the hearing could be held. The City Engineer replied August 9th. MOTION by Councilman Harris to set the public hearing for August 9th, 1971 for the rezoning and special use permit requests by American Oil Company. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Planning Commission Meeting of June 23, 1971. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING PETITION #12-1971 AND LETTER FROM WYMAN SMITH REQUESTING PUBLIC HEARING: (SP #71-03 AND ZOA #71-03, AMERICAN OIL COMPANY) MOTION by Councilman Harris to receive Petition #12-1971 and the letter from Wyman Smith dated June 24, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVIN THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 7, 1971: MOTION by Councilman Kelshaw to receive the Minutes of the Planning Commission Meeting of July 7, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING TIDE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF MAY 24, 1971: MOTION by Councilman Liebl to receive the Minutes of the Parks and Recreation Commission Meeting of May 24, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE FRIDLEY HUMAN RELATIONS MEETING OF MAY 27 1971: MOTION by Councilman Breider to receive the Minutes of the Fridley Human Relations Committee Meeting of May 27, 1971. Seconded by Councilman Kelshaw, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REGULAR COUNCIL MEETING OF JULY 12, 1971 PAGE 17 first stage of their construction. They will submit a landscaping plan when they know how many trees they can save. A representative at the Meeting said the building would be three stories high, no elevators, with the entrance at 'i story. The � story down will be at grade level and they are all walk-outs on the main level. There are no basements. MOTION by Councilman Kelshaw to approve the building permit for the first phase of the apartment complex, Rustic Oak Corporation. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Kelshaw to receive the Minutes of the Building Standards - Design Control Meeting of July 8, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF JUNE 29, 19713 A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, FRIDLEY CITY CODE, TO REDUCE THE MINIMUM FRONT YARD SETBACK REQUIREMENT FROM 35 FEET TO 20 FEET TO ALLOW THE CONSTRUCTION OF A GARAGE TO BE PLACED AHEAD OF THE DWELLING ON LOT 10, BLOCK 7, PEARSON'S CRAIGWAY ESTATES 2ND ADDITION, THE SAME BEING 265 STONEYBRJOK WAY N.E. , FRIDLEY, MINNESOTA. (REQUEST BY MR. ROBERT McGREGOR, 2828 5TH AVENUE SOUTH, MINNEAPOLIS, MINNESOTA) : The City Engineer reported that the Board of Appeals tabled this request and since then the applicant has withdrawn his request. It seems there are protective covenants attached to the plat. MOTION by Councilman Breider to receive the Minutes of the Board of Appeals Meeting of June 29, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl asked, if the Council is ready to act on the agreement for the liquor store, that this item be taken next, so that Mr. Rallis and Mr. Nicklow could leave the Meeting. AUTHORIZATION OF SIGNATURE ON AGREEMENT FOR THE SALE OF THE LIQUOR STORE AT 3710 EAST RIVER ROAD: MOTION by Councilman Liebl to approve the agreement for the sale of the liquor store at 3710 East River Road and authorize the appropriate signatures. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 23, 1971: REQUEST FOR A SPECIAL USE PERMIT, SP #71-03, AMERICAN OIL COMPANY, BY JOHN P. YOUNGDALE: To construct a service station in a C-2 District on the northeast corner of University Avenue and Osborne Road; per Section of City Code: 45.101, 3E. i t REGULAR COUNCIL MEETING OF AUGUST 30, 1971 PAGE 7 Processing Department, we had decided that people who were in the same precinct, but in d fferent legislative boundaries, would have to be separated. Councilman Breider asked about the file system. The Finance Director said that we now have two different card filing systems. One is alphabetical and one is according to street address. They are set up in different boxes and would be set up in 14 preci cts instead of 9. Councilm n Harris commented that he hoped that the City Council was passing this information on to the State Legislature. That when one City is divided into 3 different legislative districts, it is very disrupting to unity and harmony inn the City. He felt that this should be communicated in writing. Councilman Breider said that if you are going to talk to the State Legislature about maintaining unity and harmony and letting people identify, you should show them a ward redistricting plan that moves a minimum amount of people. The Harris plan moves more people than the administration plan. If you are going to forward a resolution to the Legislature, you should first do something at City Hall. Mayor Ki kham said that you cannot redistrict without moving people. Council- man Harrs added that these are two different situations. The Citizens of Fridley an come to see all 5 of the Councilmen. You only deal with one legislator. Mayor Kirkham said that he felt that the people in Fridley would rise abo a this problem and their unity would continue and grow stronger. Councilmen Liebl said that having served the Third Ward he pitied the new Third Ward CouGilman. He will have to take care of all the problems connected with East Riv:r Road from the south end to northern boundaries of the City. These problemslare practically unsolvable. At least before he had felt that he could count on first chair support, but now the Third Ward would bein constant turmoil. ) He is opposed to the ordinance because he feels the Third Ward Councilman will be unable to deal with these problems. THE VOTE upon the motion, being a roll call vote, Kirkham, Harris, Kelshaw voting a e, Liebl and Breider voting nay, Mayor Kirkham declared the motion carried. ) q CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #71-03 BY JOHN . YOUNGDALE FROM R-3 TO C-2 IN THE NORTHEAST CORNER OF UNIVERSITY AVENUE Al— OSBORNE ROAD AN CONSIDE TION OF A SPECIAL USE PERMIT SP #71-03 TO CONSTRUCT A SERVICE STATION IN A C-2 ISTRICT (GENERAL BUSINESS AREA) IN THE NORTHEAST CORNER OF UNIVERSITY AVENUE AND OSBORNE ROAD Councilm n Liebl asked that the Council draw its attention to the letter recieved from Mr. oungdale's attorney. He thought it made sense to concur with this proposal. He had been up to the area and looked at the corner and did not think it was fe sible to construct a good apartment building on this corner. If the applicant was willing to put in trees to screen Mr. Lynn's property then he felt that, looking at it from an overall standpoint, he could be positive in this matt r. Mayor Kirkham asked Councilman Liebl if he was referring to Standard il's proposal to dedicate a right-turn lane on the property? Council- man Lieblsaid yes, he felt that this would adequately handle the traffic problem. He also f It this development wjuld be a bonus for the school district in tax dollars ad there would be no burden of adding children to the school system. Councilma Breider commented that last year they had ordered in sidewalks and traffic s,'gnal work in the Hillcrest School area. Osborne Road was a bad street REGULAR COUNCIL MEETING OF AUGUST 30, 1971 PAGE S as far as traffic was concerned and the type of development proposed by Standard Oil needs a high traffic count. The business area adjoining the service station would contain a quick shop handling groceries, and a barber shop. That means that there will be a lot of pedestrian traffic walking along Osborne Road with traffic going in and out. MOTION by Councilman Breider to concur with Planning Commission recommendation and deny the request. Councilman Kelshaw stated that there are apartments proposed north of Osborne Road. On the north side of Osborne Road in Spring Lake Park there already is a development with apartments, eight-plexes and duplexes. There are a lot of people in this area to patronize Mr. Ernst's_business area. There would still be Fridley residents crossing Osborne but a lot of the business would come from Spring Lake Park. Councilman Breider commented that they had had a young boy killed on Osborne Road last summer and he did not want to see this happen again. Councilman Harris said that he shared Councilman Breider's concern. The Council had tried to alleviate the pedestrian problem on Osborne Road with sidewalks. He had spoken against this proposal the last time it was before the Council, but now he felt that if it was denied here a similar operation might appear in Spring Lake Park. If the people were going to be crossing Osborne Road, he would rather have them cross at a signalized intersection than in the middle of the block. If they could control the area to the north of Osborne Road, it would be best to have it all non-commercial but they couldn't control development in Spring Lake Park. There was also the problem of the gas station on the corner. It seemed that for every one built another went out of business, and the people are concerned with this. These are actually two different problems. The proposal to rezone and the Special Use Permit could be improved by handling the traffic problem, which has been taken care of by ,the addition of the right turn lane and by trying to discuss with the State Highway Department the possibility of putting a walk signal on Osborne Road not only on the east side but the west side also. If you can show the Highway Department that you are channeling traffic to a designated area they are more likely to approve the signal. Without the development they probably would not put in the walk signal. With these two things added, it seems to be a workable proposal. Councilman Liebl added that he would like to see the petitioner agree to put in the trees for screening Mr. Lynn' s property. Mr. Wyman Smith, Mr. Youngdale's attorney, explained that Mr. Youngdale was on vacation, but he was representing him. Mr. Youngdale had agreed to do nursery landscaping to screen Mr. Lynn's property and this could be a part of the Special Use Permit at the expense of the Standard Oil Company. MOTION by Councilman Breider died for lack of a second. MOTION by Councilman Kelshaw to adopt the Ordinance on first reading and waive the reading and withhold the second reading of the Ordinance and approval of the Special Use Permit until; (1) The Minnesota Highway Department is petitioned for a "Walk" signal on the corner of University Avenue and Osborne Board, and (2) the Standard Oil Company dedicates right of way for a right turn lane and agrees to bear the cost of constructing the lane, and (3) there is a r REGULAR (COUNCIL MEETING OF AUGUST 30, 1971 PAGE 9 provisiomade in the plans to add a planting strip to screen Mr. Lynn's property from the lights. Seconded by Council Liebl. Upon a roll call vote, Kirkham, Liebl, Harris and Kelshaw voting aye; Breider voting nay, Mayor Kirkham declared the moti?n carried. PRESENTATION OF SCROLL, MAYOR OF TOKYO: Mr. StanllKowalski was now present in the audience so this item was taken up. Mayor Ki kham commented that last year some Fridley citizens presented a scroll to the M yor of Bangalor, India and now we have a citizen carrying greetings to the G vernor of Tokyo. Mayor Kirkham read the scroll aloud. Mr. Kowalski informed the Council that the State Department has decided to use the presenta- tion of �he scroll for national public relations. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR SALE OF REAL ESTATE OWNED BY CITY 6161 HIGHWAY #65) : MOTION bylCouncilman Kelshaw to adopt the ordinance on first reading and waive the reading. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirllkham declared the motion carried. CONSIDERAtION OF FINAL PLANS FOR SHOREWOOD LIQUOR LOUNGE, WILLIAM NICKLOW: Mr. Nickl w brought the plans to the Council table and there was a leggthy discussio . MOTION bylCouncilman Harris to approve the final plans for the Shorewood Liquor Lounge subject to receipt of the final mechanical, heating, plumbing and electrical plans and the plans necessary for the Health Sanitarian and also that the roposed parking on the south side of the building be a minimum of 30' to 35 setback from a line so drawn on the map to indicate Moore Lake and that arking places #14-18 be removed from the plan and that the complete parking 1 t be curbed as per City ordinances. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECESS: Mayor Kirkham-declared a recess at 9:45 P.M. The Council Meeting was recon- vened at 10:00 P. M. RECEIVING JHE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 18, 1971: 1. REQUEST FOR SPECIAL USE PERMIT, SP #71-09, BY SOCIAL DYNAMICS, INC. , JAME$ LEIDICH: LOTS 1 AND 2, BLOCK 1, OAK HILL ADDITION. TO BUILD AND OPERATE A DAY NURSERY AND LEARNING CENTER UNDER SECTION 45.051, 3,F, LOF CITY CODE: Mr. Leidi0h showed a picture of the day care and learning center that his corporation is planning to build in Fridley. ' There are already centers in Robbinsdalle and Bloomington. They were originally formed to serve preschool children of both working and non-working mothers. They use only licensed teachers and teaching assistants. The building would be located on 53rd Avenue on (the two lots closest to Target. They have met with the residents in the area and their only concern seemed to be the people who will cut across thellots. This has been taken care of with an extension of the fence. Y REGULAR COUNCIL MEETING OF AUGUST 30, 1971 PAGE 10 Mayor Kirkham asked the dimensions of the building and Mr. Leidich replied that it would be 80' x 70' and there would be a playground in the back. Mr. Leidich took a plot plan to the Council table. The City Engineer reported that the Planning Commission had recommended approval of this request, but the applicant should be aware of the problems. First, water and sewer is not readily available, and secondly, there is the problem of the fence. The property is located on 53rd Avenue and the water and sewer lines would have to be run from a north location in Target property, because this is a low piece of land. Either the developer would have to pay the full assessment cost or the City would have to show that the other property benefitted. The City Attorney commented that he would need more details to decide if the other property benefitted. The City Engineer continued that the problem was not in serving them, it was in the cost. If they want to pay for the assessment, they will have to come back and petition the City Council to have the facilities put in. Councilman Harris asked where the corner lot on 53rd was tied in. The City Engineer explained that Mr. Leidich's property could not be served off that line because his land was too low and the cost of a lift station would probably be even higher than running the lines the longer distance. MOTION by Councilman Kelshaw to concur with the Planning Commission recommenda- tion of approval of the request for a Special Use Permit, SP #71-09, by Social Dynamics, Inc. with the conditions that the petitioner follow through on the petition for utilities, and that the fence be extended across the rear of Lot 3. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 2. REZONING REQUEST, ZOA #71-06, DONALD W. REESE: LOT 16, BLOCK 1, REVISED AUDITOR'S SUBDIVISION NO. 10, TO REZONE FROM R-1 TO R-2 (DOUBLE BUNGALOW) The City Engineer explained that this was a request to rezone from R-1 (Single family dwellings) to R-2 (double bungalows) . Planning Commission recommended denial of this request. Mr. Donald Reese explained to the Council that he wished to request a Public Hearing before the Council so that other people could be heard regarding his request. MOTION by Councilman Kelshaw, to set a Public Hearing date for the second meeting in October. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 3. REQUEST FOR SPECIAL USE PERMIT, SP X671-10, VIKING CHEVROLET. FOR NEW AND USED CAR SALES ON PARCELS 2850, 4350 AND 4360, SECTION 12, PER CITY CODE, 45.101, 3, B IN A C-2S DISTRICT: Mr. Wyman Smith, Attorney for Viking Chevrolet, introduced Mr. Jerry Brady, the Manager of Viking Chevrolet, who took site plans to the council table. Mr. Smith explained that Viking Chevrolet planned to upgrade the property as far as the setback and planting were concerned. They planned to have possession by November 1, 1971. Planning Commission had recommended approval of the request with the stipulation that their plans for remodeling be reviewed by i REGULAR COUNCIL MEETING OF SEPTEMBER 20, 1971 PAG$ 3 the south side of 57th Avenue (sometimes referred to as Lakeland Avenue) , as they receive no benefit. He felt this Council should uphold the previous Council decision, and asked the Acting City Attorney if this was legally proper. The Acting City Attorney (James Gibbs) said that it was. Council- man Harris �ommented that he agreed with Councilman Liebl. MOTION by Councilman Harris to close the Public Hearing on Street Improvement Project St. 1970-1 - Jefferson Street and 57th Avenue (Lakeland Avenue) . Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared th motion carried unanimously and the hearing closed at 8:10 P.M. RESOLU ION #118-1971 - RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVE- MENT PROJECT ST. 1970-1 - JEFFERSON STREET FROM 57TH AVENUE TO 58TH AVENUE AND 571H AVENUE (LAKELAND) FROM WASHINGTON STREET TO JEFFERSON STREET: MOTION by Councilman Liebl to adopt Resolution #118-1971. Seconded by Councilman Kreider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motionarried unanimously.. PUBLIC HEARI G ON 1972 BUDGET: MOTION by C ncilman Harris to continue the Public Hearing to the Meeting of October 4, 1 71. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATIO OF SECOND READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #71-03 BY JOHN P. YOUNGDALE (FR R-3 TO C-2) IN THE NORTHEAST CORNER OF UNIVERSITY— AVENUE NIVERSI YAVENUE AND OSBORN ROAD: AND CONSIDERATION OF SPECIAL USE PERMIT SP #71-03 TO CONSTRUCT A SERVICE STATION IN A C-2 DISTRICT (GENERAL BUSINESS AREA) IN THE NORTHEAST CORNER 'OF UNIVERSITY AVENUE AND 0 BORNE ROAD: Councilman H rris said that he was surprised to see this back on the Agenda. Hi$ understandin of the motion by Councilman Kelshaw at the last meeting wal that the petition to he Highway Department for a "Walk" signal must be successful before consideratio of the second reading. The City Engineer explained that this item is back on the Agenda at the request of the appli ant. He pointed out there was a letter written to the Highway Department b Mr. Wyman Smith, attorney for the applicant, and also by him, on behalf of the City. In his conversations with the Highway Department they feel a study is required to see if there is a need and'if there is, they would put it in. It would cost roughly $4,000 to $5,000 and would not be a major alteration toy the facility already in place. Mr. Wyman Smith said that the next day after the last meeting he tried to carry out the Sugg tions made. He called the City Engineer to get the name of the District #5 gineer, Norm Osterby, and sent a letter to him. Mr. John Youngdale has also talk d to Mr. Elasky, District Traffic Engineer and there did not seem to be any gret problem. They did not seem to be opposed to the proposal. They do have certa"n standards as to what the traffic count and pedestrian count should be to arrant such a signal. He said he talked to Mr. Mike O'Bannon, REGULAR COUNCIL MEETING OF SEPTEMBER 20, 1971 PAGE 4 ' County Commissioner, and he offered any help he could give at the County level. He said American Oil has also agreed to help finance this. They would like to start construction soon, before the frost sets in. He thought it may be back- wards to put in a "Walk" sign before there are any pedestrians. Councilman Harris said he would feel more assured if the Council had a communi- cation from the Highway Department that they will put in the "Walk" sign when the facility is constructed. The motion last meeting passed four to one, with Councilman Breider voting nay. He said his concern was the same as Councilman Breider's, but he would be willing to vote for the rezoning if there was an agreement in writing from the Highway Department stating that they will put in the signal. If the Ordinance was passed first, he was not too sure the City could get what they wanted. Mr. Smith said he would try to get the letter the Council wants. Mr. Youngdale said he had talked to Mr. Elasky about installing a pedestrian signalized crossing. There appears to be nothing standing in the way of installing it when the City would require it. As to the cost, the Minnesota Highway Department normally bears the cost if the pedestrian count measures up to their guidelines. There are things they take into consideration such as the pedes- trian count -per hour per day, and also whether the highways involved have medians. In this case T.H. #47 does but Osborne Road does not. He did not see any great problem; if the pedestrian count warrants a signal, the Highway Department will put one in at their cost. Councilman Harris said he would still like to have it in writing. In the past due to various reasons, the' City has not gotten xhat Yas promised verbally-. He added there were other conditions listed also and Mr. Smith said the stipulations would be on the special use permit and they have agreed to them. Mr. Smith said that he must agree with Councilman Harris and that it probably would be best to get the promise in writing, as he knew too, that they do seem to change their minds. The .City Manager said he questioned the answer the City might get, such as, will they put the "Walk" sign in when conditions warrant? Would the Council want to set a definite commitment, such as a date? Councilman Harris said he would like it to be tpon completion of the facility. Councilman Breider asked where the crosswalk would be installed. The City Engineer said it would be to cross Osborne Road on the "east side of T.H. #47 and on the west side of the frontage road. There is 60' - 70' space between the highway and the frontage road. Mayor Kirkham commented that the frontage road was more in the nature of a residential street. Councilman Braider did not feel the pedestrian crossing would do any good because the children south of Osborne Road would have to go to the corner to push the button for the "Walk" signal, go to the Highway and cross, then go back down the north side of Osborne Road to the Qu# Shop. He did not think the children would do this. They would take the shortest route Rnd that would be directly across Osborne Road. Councilman Kelshaw felt that this development was oriented to draw trade from north of that area. There are already apartment houses there and the area will become even more dense. He did not think there would be that much foot traffic from south of Osborne Road. Councilman Breider said there were a lot of children walking on Osborne'Road. A lot of them go to the Quik Shop on T.H. #65 and he did not want the same problems on the west end of Osborne that the City has on the east end. i REGULAR COUNCIL MEETING OF SEPTEMBER 20, 1971 PAGE 5 Councilmanarris said that the City does not have control over the development north of Os orne Road as that is Spring Lake Park. He said that if there is a "Walk" sign1 and parental instructions for the children to cross at the cross- walk, the C ty will have fulfilled their obligations in trying to provide safety. He .s aid if the communication is received from the Highway Department, he would be willing to move for the second reading of the ordinance at the next meeting. MOTION by Councilman Harris to table consideration of the rezoning ordinance and special use permit for American Oil to the meeting of October 4, 1971. Seconded 'by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE REGULATING THE LICENSING AND MANNER OF CONDUCTING DANCES: Mayor Kirkh asked the audience if anyone wished to have the ordinance read, with no res onse. Councilman iebl asked if this ordinance would apply to both outside and inside dances. Th City Manager said it would apply to any dance as long as it meets the definit'on of a public dance. Councilman Harris asked if those of a civic nature were excluded and the City Manager said yes, at the Council discretion. Councilman iebl asked if tie Council had the perogative to waive the fee and the Acting ity Attorney said yes. He said the ordinance was directed at full time dance alls and could be used in controlling any dance in the City of Fridley. The State Statutes were used to define public dances. Councilman Breider asked if the ordi ce would cover street dances. The Acting"City Attorney said yes it would be $1 for ane day unless the douncil would want to waive the fee, but he thought the should still get a license to assure City knowledge of the function and to make sure the Police Department knew about it. Councilman Breider asked how this differs from the music festival ordinance that is to be considered later in the meeting. The Acting City Attorney said that mainly the music festival ordinance is meant to control large groups of people and to ensue the health. safety and welfare of the people. A music festival does not necessarily include dancing, although it may be incidental to it. Included in the music fesxival ordinance is the requirement of a bond in case something should go wrong. That ordinance has language taken from the Supreme Court ruling to regulate• a large number of people. The City Manager said it was a matter of amphasis. Dancing is not mentioned in the music festival ordinance. Councilman K lshaw said that the ordinance states that an officer must be present, who pays? Tie Acting City Attorney said that the State Statutes say an officer must be pres nt. Under normal procedures, the owner is required to hire an officer anda pays that man. The peace officer is to be approved by the Council and a peace fficer .is interpreted as being an employee of the City of Fridley, or another unit approved, or a Deputy Sheriff. Mayor Kirkham said that it would not hurt to add that the expense of the officer is to be borne by the licensee. Councilman Breider asked if an officer is supposed to be present for a street dance. The Acting City Attorney said yes, the State Statutes say any public dance, and this woirld .include a dance sponsored by a church group or some other group. f REGULAR COUNCIL MEETING OF SEPTEMBER 20, 1971 PAGE 6 Mr. Jim Gibson said the Lions Club have had dances over the last four or five years at the VFW Hall or the KC Hall, and did not have an officer present except at the last one. They have policed it themselves, quite successfully. It appears that if an organization such as theirs wanted to have a dinner and dance, they would have to come in and apply for a permit and also would have to have a police officer present. Mayor Kirkham said the ordinance would require that they apply, but the Council could waive the fee. The Council would still want to know about it. Councilman Breider asked if the Council could waive the requirement of a policeman in attendance and the Acting City Attorney said no, municipalities do not have that authority. Mayor Kirkham said it would not necessarily have to be from Fridley's force. He asked if the Sargeant at Arms -cogld be deputized, and the Acting City Attorney said not unless he was made a Deputy Sheriff. Councilman Liebl said there are a great number of licenses that a small business- man has to get, and this would be just $100 more. They must also hire a -police 'officer, and some of the smaller businesses are already struggling to make a living. He commented that the people of Fridley are responsible citizens and they did not need a police officer looking over them at street dances. The State Statutes already provide protection, so he must be in opposition to this proposed ordinance. This extra $100 would be just one more burden for a business- man. NOTION by Councilman Liebl to table this ordinance. indefinitely. Seconded by Councilman Harris. .Upon a voice vote, Liebl, Harris, Breider and Kelshaw voting aye, Mayor Kirkham voting nay, Mayor Kirkham declared the motion carried. ORDINANCE #488 - AN ORD NMCE RELATING TO THE SALE OF REAL ESTATE OWNED BY THE CITY: (Shorewood Loungg) MOTION by Councilman Harris to adopt Ordinance #488 an second reading, waive the reading and order publication. Seconded by Councilman Liebl . Upon a voice vote, .all voting. aye,. Mayor Kirkham declared the motion carried unanimously. APPROVAL OF MUTUAL AGREEMENT FOR SHOREWOOD LOUNGE, 6161 T.H. #65: MOTION by ,Councilman Liebl to approve the mutual agreement for Shorewood Lounge. Seconded by Counoilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF CONTRACT FOiR DEW FOR SHOREM" LOUNGE, 6161 T.H. #65: MOTION by Councilman Liebl to approve the contract for deed for Shorewood Lounge, Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF LEASE FOR SHOREWOOD LOUNGE, 6161 T.H. #65: MOTION by Councilman Liebl to approve the lease for Shorewood Lounge. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. REGULAR COUNCIL MEETING OF OCTOBER 4, 1971 PAGE 9 ORDINANCi #489 - AN ORDINANCE ADOPTING CHAPTER 22 OF THE FRIDLEY CITY CODE PROVIDING FOR THE LICENSING AND REGULATION OF MUSIC FESTIVALS: Counci Liebl asked if, since Councilmen Breider and Harris are not present, is there y reason to wait? Mayor Kirkham said that neither of them said anything about any changes they wanted to make. MOTION by Councilman Liebl to adopt Ordinance #489 on second reading, waive the reading, and order publication. Seconded by Councilman Kelshaw. Mr. Dick Harris questioned who would have to have a license; specifically the schools fdr a band concert or a half time show at a football game. The City Manager said for public grounds and public sponsorship, the requirements are very simple and read from Section 9 of the Ordinance. In that specific case, this woul mean the eohools would be exempt from making application for license and payin the application fee. Mr. Harris asked if there had been any dis- cussion with the schools in regard to this, and said that Mr. Hlavac has com- plained of a break-down in communication between the City government and the school system. It was pointed out that a copy of all the Council Agenda indexes are sent to the school, so if they had any questions, they could have called or ,come in to read the proposed ordinance. Councilman Kelshaw said that if a citizen wants to know something going on at a School Board meeting, they attent to find out. By the same token the school would be responsible to find out what they want to know by coming to the City. An example of this is the CA 7. question. This was first talked of last March, but there was no communication from the schools then. He said he, as a Councilman, wants to get along with the School Board, but they have a responsibility to come to the City if they have any questions. Mrs. Helen Treuenfels said that it is said that all tha minutes are public information, yet if someone wants them, they have to co;e to City Hall to get them. when an ordinance is passed, the readings are waive4 so a citizen would have to make a special trip to City Hall to find out what it is about. By the time it is published, it is too late. Mayor Kirkham ex lained that many times, as in the case of this Ordinance which is 12 pages long, it would take up too much of the City's time to read at the Meeting, and a citi en would have to call or come in to find out what he wants to know. THE VOTE u n the motion, being a roll call vote, Kelshaw, Kirkham and Liebl voting aye Mayor Kirkham declared the motion carried. CONSIDERAT ON OF SECOND READING OF AN ORDINANCE FOR REZONING REQUEST ZQA. #71-03 BY JOHN P. YOUNGDALE (FROM R-3 TO C-2) IN THE NORTHEAST CORNER OF UNIVERSITY AVENUE AND OSBORNE ROAD: AND CONSIDERATION OF SPECIAL USE PEYWIT SP #71-03 TO CONSTRUCT A SERVICE STATION IN A C-2 DISTRICT (GENERAL BUSINESS AREA) IN THE NORTHEAST CORNER OF UNIVERSITY AVENUE AND OSBORNE ROAD: (Tabled September 20, 1971) Councilmaniouncilman Liebl explained to the applicants in the audience that any rezoning takes a 4/ vote by the Council, therefore it will have to be tabled. MOTION by Kelshaw to table consideration of the rezoning ordinance by American 0 1 and their special use permit request to the Meeting of October 18, 1971. Se nded by Councilman Liebl. Upon,,.a voice vote, all ayes, Mayor Kirkham declared motion carried. REGULAR COUNCIL MEETING OF OCTOBER 4, 1971 PAGE 10 NAEGELE REQUEST FOR A DOUBLE FACED SIGN AT 6031 UNIVERSITY AVENUE N.E. : Mr. Harry Hokemeir, of Naegele's, explained that they have a permit for a single-faced sign at 6031 University Avenue N.E. in C-2 zoning which, under the ordinance, is good for three years. They would like to make it double-face to attract both the north and south bound traffic. This is a poster type sign which is changed every 30 days. MOTION by Councilman Liebl to approve the request by Naegele Outdoor Adver- tixing for a double faced sign at 6031 University Avenue N.E. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. PROGRESS REPORT ON RELOCATION OF POWER LINES WITHIN THE CITY OF FRIDLEY BY NORTHERN STATES POWER: Mr. Warren Johnson of NSP outlined the history of the relocation of the 115 KV line to date and their dealings with Burlingtpn Northern Inc. , and said they were 98% completed with their work. Everything is done except tying in at either end. Since May 3rd, they have met with Burlington Northern 14 times and it is still not resolved. As he outlined in his letter, Burlington Northern feels that NSP should use "Super Cables" and NSP is not entirely convinced of the value that is claimed by the manufacturers, and there would be a great deal of cost if they were used in this case, as it would set a precident and they would be required to use them elsewhere. It would cost over a million dollars for the line in the area, and the cost would, of necessity, have to be passed on to the customers. NSP's feeling is that their line would not affect Burlington Northern's signal cable. NSP is very anxious to complete their part of the bargain. Councilman Liebl said as he understood it, the 115 KV poles were tip along the east side of the Burlington Northern tracks and the lines were strung and Mr. Johnson said yes, but they are not energized. Councilman Liebl said that when the lines were put in on 61st Avenue on the east side up to Satellite Lane, they had difficulty because of some trees in the way which had to be trimmed. He understood that was taken care of and they only cut the trees that were absolutely necessary to cut. The people in the area have told him they were satisfied with the job NSP did in that area. He asked that whenever possible to save the trees. Along Main Street the trees provide a barrier to keep the traffic noise down. Mr. Johnson said everything possible would be done to preserve as many trees as they could. The City Manager said that there were some poles lying along 69th Avenue south of Locke Park, and asked if they were a part of this project. Mr. Johnson said they were, and will connect into the Moore Lake Substation. The City Manager said they have been there for sometime, and asked why. Mr. Johnson said he did not know, but he would check into it and let him know. He said if permission is received from Burlington Northern, then the cables would be ordered, and it would still be a few months before they could be energized. The City Manager asked if it would aid the situation if the City met with Burlington Northern. The City Attorney pointed out that with the railroad's expansion plans, they will probably be in need of permits etc. and perhaps would then be willing to accommodate the City.. Mayor Kirkham asked the City Manager to set up a meeting with NSP, Burlington Northern and the City staff. THE MINUTES OF THE REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PLEDGE OF GIANCE: Mayor Kirkh led the Council and the audience in saying the Pledge of Allegiance to the Flag INVOCATION: In the able ce of a me�r-< of the Ministerial Association, Mayor Kirkham offered the Invocat on. Mayor Kirkh called the Regular Council Meeting of October 18, 1971 to order at 7:55 P.M ROLL CALL: MEMBE PRESENT: Kirkham, Liebl, Harris, Breider, Kelshaw MEMBE ABSENT: None ADOPTION OF AGENDA: Mayor Kirkh said he had only one item to add under Communications which was a letter fr m Independent School District #16 requesting the vacation of 75� Avenue and leveland Street. MOTION by C uncilman Harris to adopt the Agenda as amended. Seconded by Council- man Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried un imously. VISITORS: There was n one present to speak on any non-agenda item. (There was a lady present lat r in the Meeting who arrived after the Visitors section, who was heard) CONTINUED P BLIC HEARING ON THE 1972 BUDGET: MOTION by C cilman Kelshaw to continue the Public Hearing on the 1972 Budget to the Me®ti g of November 1, 1971. Seconded by Councilman Liebl. Upon a voice vote, 11 ayes, Mayor Kirkham declared the motion carried unanimously. Councilman ris informed the public that the Council is at a point in their deliberation where the mill levy is set. It will be 42.05 mills, which is a small reduct'on over the 1971 budget. The Finance Director was instructed to prepare, the ecessary papers for the Meeting of November 1st. ejC ORDINANCE #4 1 FOR REZONING RE UEST ZOA #71-03 BY JOHN P. YOUNGDALE (FROM R-3 TO C-2) IN TIE NORTHEAST CORNER OF UNIVERSITY AVENUE AND OSBORNE ROAD: AND CONSIDERATIO OF SPECIAL USE PERMIT SP #71-03 TO CONSTRUCT A SERVICE STATION IN A C-2 DISTRI& (GENERAL BUSIN�S AREA) IN THE NORTHMST CORNER OF UNIVERSITY -20-71 0-4-71 i AVENUE AND OSBORNE ROAD: Tabled 9 3 ( i ) I j. , REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 2 Councilman Harris asked if this would be a company owned building and if they are going to lease it out to .a private individual. Mr. Youngdale said they are the owners of the property and the owners of the structure. They plan to operate under a lease arrangement to a private businessman. The City Engineer showed the plans on the easel and the location on the overhead projector. American Oil plans to develop the easterly portion, approximately , into a quick-type convenience shopping center and the westerly 11 into a gas station. He said if the Council grants the rezoning and the special use permit, there are some stipulations in the Council Agenda that the Administration feels should be made part of the special use permit. Mr. Wyman Smith said he had seen a copy of these stipulations and they are agreeable to them. Councilman Liebl said he would like to know Standard Oil's investment both now and when the structures are completed. Mr. Youngdale said they acquired this property, which is slightly less than 3 acres, 15 years ago for $9500. As to their anticipated investment, he said they would invest not less than $90,000 and not more than $100,000. This is only for the service station, Mr. Ernst would have to answer for the convenience center. The building itself would cost approximately X45,000 to $60,000 and the rest would be spent on the amenities required by the City of Fridley such as blacktopping, driveways, landscaping, fencing , etc. Councilman Liebl said the Council must look at this from an overall standpoint as to what is best for the community. They must look at the taxes generated and also look into the problem this development might create as compared to if an apartment was put in there. Mr. Ernst said, as to his investment, that the convenience center above grade costs would be about $100,000 for 6600 square feet of building. Councilman Liebl Asked him if his center would be as good quality as the one by Sandees on Central Avenue and Mr. Ernst said yes. MOTION by Councilman Harris to adopt Ordinance #491 on second reading and waive the reading, and order the publication held until the documents are received by the City for the right turn lane at this location and also the one on Mississippi Street. Also to approve the special use permit subject to: (1) Dedicate additional right of way needed for the installation of right turn lane onto University Avenue and pay for its cost (2) Provide additional planting on the south side of the property to give protection to the south residential property (3) Agree to dedicate right of way for right turn lane on Mississippi Street coming onto T.H. #47 fromthe west and (4) Agree to clean up all of the existing Standard gas stations which need it in the City of Fridley. Seconded by Council- man Kelshaw. Upon a roll call vote, Kelshaw, Kirkham, Liebl and Harris voting aye, Breider voting nay, Mayor Kirkham declared the motion carried. The City Engineer informed the applicants they will still have to follow the normal process of going through the subcommittees with their plans for a building permit. Councilman Kelshaw said he understood Che structure proposed was to be quite a bit different from the normal Standard Station. Mr. Youngdale said yes, there is only one other like it in the Twin City area, which is in Burnsville. Councilman Kelshaw asked if Standard Oil would upgrade their other stations and Mr. Youngdale said they have a very extensive modernization program. They have upgraded 36 and they own or lease 258 in the Twin Cities. Where the need appears to be the greatest, this is where they pursue their modernization plans. This station will i � r REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 3 be unique and will be above and beyond anything that is done elsewhere. He said he wanted to add his thank you to the Council for the way their requests have been hndled. FIRST READING OF AN ORDINANCE REGULATING THE LICENSING AND MANNER OF CONDUCTING DANCES: Councilman iebl said that he would again like to impress upon the Council that he still fe is this is an added burden upon an established smaller businessman. There are a ready a great number of licenses a man has to get to do business, and this additional $100 is going to tax these people out of business. He said he was very op :sed to that amount. He could not see why the City needed this ordinance w en the rights and powers are given in the State Statutes. Mr. Jim Gibbs, Pros cuting Attorney, said this ordinance incorporates the State Statutes by referenc . The reason he would recommend passing this ordinance is one of economics. If he prosecutes a person brought in for a violation under the State Statutes, t e fine money goes to Anoka County. If he prosecutes under an ordinance, of the fine money is returned to the City. He said he could pro- secute unde the State Statutes or a City ordinance, it would make no difference. He said now under the State Statutes for every dance, there is a policeman in attendance equired, however, for the purposes of definition he would suggest that the wo ing in Section III be changed from "An officer of the law ---" to "Peace offi r or officers---". Councilman B eider asked how they arrived at the fee amount. The City Prosecutor said, of co se the amount is up to the Council discretion. The City Attorney arrived at at amount by examining ordinances from neighboring communities. Councilman B eider said the need for this ordinance was brought out by Mr. Gibson appearing before the Council. The only way the City has control now is through the license. He asked the Finance Director if the paper work would amount of $100 to proc ss an application. The Finance Director said no, but he pointed out there would e other things such as an examination of the premises by the police and inspecti ns by the inspection departments. Councilman Liebl said that Fridley now as inspectors that inspect establishments before a license renewed, to make sure any complaints are taken care of and that it is up to City standards. This does no merit another $100 cost. A man trying to sponsor a dance should not be penal zed. He asked how many licenses a man would have to buy. The Finance DireTtor said that would depend on what he does, and the amount charged is up to therCouncil. A 3.2 license for one year is $120, a set-up license is $100, a cigarette license is $12 and if they are serving food, they would need a food estabishment license which is $25. The Prosecut'ng Attorney said the cost of the license should be only that cost incurred by rocessing the paper work. With a liquor establishment, 3.2 place or a bottle ilub, the police would inspect the place and run a check on the man anyhow, so it would be a duplication of services. He would question the practice of charging through the license fee the cost of a policeman inspecting the pro- perty because that person is already paying for that through his taxes. Councilman Harris said he would agree with Mr. Gibb's comments and would like to suggest that the fees in Section II be stricken and replaced with: "Fee for such permit shall be $25per year". J .REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PACE 4 Mayor Kirkham pointed out that before this conversation goes any further, it will have to be removed from the table by Councilman Liebl. MOTION by Councilman Liebl to remove consideration of this ordinance from the table. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Harris to approve the ordinance on first reading with the following changes: In Section II, "Fee for such permit shall be $25 per year" and in Section III, "An officer of the law---" be changed to read: "Peace officer or officers---". Seconded by Councilman Liebl. Councilman Breider asked the Finance Director to investigate the actual cost of processing such an application before the next meeting. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF EXTENDING UTILITIES TO SERVE MULTIPLE DWELLING AREA IN INNSBRUCK NORTH PROJECT - PROJECT #103: The City Engineer handed out copies of a letter he had received from Mr. Van Eeckhout along with copies of the permit Viewcon received which allows them to build the road. This item is being brought back at the request of Viewcon to authorize the construction of the utilities as originally planned. After some discussion with New Brighton, the road is to be built as originally proposed. This is the plan the Council looked at. Councilman Harris said he would have no objection in extending the utilities, but there may have been more discussion in the New Brighton Council minutes that Fridley should know about. He would like to make sure that this is not just a temporary road for construction use, and that ultimately there will be a final road to dedicate. The City Engineer said there would be a bond to provide for the construction of this road to good standards. Councilman Harris said this permit covers only a temporary road, excavation and landfill. Councilman Kelshaw pointed out that it is still a requirement that the road has to be completed before occupancy is allowed. MOTION by Councilman Kelshaw to authorize extending the utilities into the multiple dwelling and townhouse area as per original plans approved. Seconded by Councilman Harris with the request that the Administration obtain a copy of the New Brighton Council minutes. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF DELETING CHARGE FOR IAT 14, BLOCK 1, OSTMAN'S 3RD ADDITION: (HARLAND BERRY) The City Manager said that at the last Council Meeting, a resolution was passed which certified the weed cutting charges to the County Auditor. This particular lot was deleted from the resolution and tabled to this meeting, because of the number of questions raised in regard to the bill. He said he had talked to Mr. Berry and had talked to the Weed Contractor and they seemed to reach an impasse, so he asked both Mr. Cutbirth, the Weed Contractor and Mr. Barnette, the Weed Inspector, to be present tonight. Councilman Liebl asked, to the best of his knowledge, if the work done by the contractor represents a valid bill. The City Manager said yes, taking the word of the contractor. He pointed out there were about 500 parcels that were cut in this program, which were under the supervision of the Weed Inspector and it was impossible for hid tQ bg 4t every site to REGULAR CO�JNCIL MEETING OF FEBRUARY 28, 1972 PAGE 10 6. Environmental Engineers sewage system to be shown to Engineering department. The Motion seconded by Councilman Mittelstadt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. /2. CONS DERATION OF A RE EST TO CONSTRUCT A SERVICE STATION LOCATED ON ALL THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, -/ NORTH OF OSBORNE ROAD N.E. AND EAST OF UNIVERSITY AVENUE N.E. PARCEL //� 2550 THE SAME BEING 7609 UNIVERSITY AVENUE N.E. , FRIDLEY, MINNESOTA .�/ QL•U 5543 . (REQUEST BY THE STANDARD OIL DIVISION OF THE AMERICAN OIL COMPANY, 1405 MELROSE AVENUE MINNEAPOLIS, MINNESOTA 55426 : C ` The City Engineer said that American Oil was recently before the Council for a rezoning. They are following all the stipulations imposed and have given the City the n cessary right of way. There is one stipulation he would like to have added and at is that the American Oil Company will agree to pay for the right turn lane. MOTION by ouncilman Breider to concur with the recommendation of the Building Standards -1 Design Control with their stipulations imposed as follows, with the addition o 0 7 added by the Council: 1. iveway to be all concrete. 2. D iveway moved back 13 feet for roadway easement. 3. E st side parking lot moved in 5 feet. 4. w plantings in front green area. 5. 1 ' X 8' X 6' high trash bin. 6. A 1 indirect lighting. 7. erican Oil to agree to pay for the improvement of the right hand t rning lane. The Motion econded by Councilman Mittelstadt. Upon a voice vote, all voting aye, Mayor iebl declared the motion carried unanimously. MOTIOki by C uncilman Kelshaw to receive the Minutes of the Building Standards Design Cont of Subcommittee Meeting of February 10, 1972. Seconded by Council- man Mittelstadt. Upon a voice vote, all voting aye, Mayor Libbl declared the motion carr ed unanimously. RECEIVING TF MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 9, 1972; 1. RE UEST FOR SPECIAL USE PERMIT SP #71-17, DON'S GULF SERVICE STATION; Reque t for U-Haul rentals on easterly 351 feet of Lot 12 and easterly 351 f et of the southerly 20 feet of Lot 11, Auditor's Subdivision #155 excep that part taken for highway and street purposes, per Code Section 45.10 , 6, 3-E, zoned C-2S. (53rd & T.H. #65) 2. RE UE T FOR SPECIAL USE PERMIT SP #71-18, RON'S GULF SERVICE STATION; Requet for U-Haul rentals on Lots 1 and 2, Block 1, C.D. Hutchinson Addition per Code Section 45.101, B, 3-E, zoned C-2. (Osborne & East River Road) I , REGULAR COUNCIL MEETING OF FEBRUARY 28, 1972 PAGE 9 reached a mutual agreement. Mr. Dunphy asked if the people suffering the erosion problems were to give the easements, would the City of Fridley help? The solution may be beyond their physical or monitary ability to take care of themselves. Councilman Breider said that the people were told last year that rock and technical assistance would be available. The Council at that time was not sure what type of improvement would.be acceptable to the home owners. There must be cooperation with the neighbors. This would mean that the City Engineer will deet with the home owners to see what can be implemented, and what the home owners want. The City Engineer could put a concrete drainage ditch through there but would that be acceptable? The creek is getting deeper, but before any solution can be reached, there must be input from the property owners on the creek. He asked if he would be agreeable to a meeting with the City Engineer. Mr. Dunphy said that his group has no fixed ideas on what is the best solution, He said that he would be happy to meet with the City Engineer, and that he would arrange it. He said he appreciated the Council listening. Councilman Mittelstadt asked if the meeting could be soon so that this item can be back on the Agenda in two weeks. The City Engineer said that when Mrs. Martin called, he indicated he would be willing to meet with them, and the City would give them rock and technical assistance. When he requested a legal opinion, the indication was that there would be a question whether public funds could be spent on private property. Mayor Lieb1 requested that this item be back on the Council Agenda in two weeks. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF FEBRUARY 10, 1972: � . CONSIDERATION OF A REQUEST TO CONSTRUCT A YARD OFFICE AND CABOOSE SERVICING BUILDING AND AN AUXILIARY SERVICE BUILDING AND ALSO PHASE I OF A DIESEL LOCOMOTIVE REPAIR SHOP. ALSO REQUESTED IS CONCEPT APPROVAL OF THE ENTIRE DIESEL LOCOMOTIVE REPAIR SHOP. (PHASE I AND PHASE II) . ALL TO BE LOCATED ON LOTS 1, 2, 3, AND 4, BLOCK 5, AND LOTS 8, 9, AND 10, BLOCK 4, PORTION OF STREET BETWEEN BLOCKS 5 AND 4, BERLIN ADDITION, AND BLOCKS 4, 5, 6, 114 12 AND 13, AUDITOR'S SUBDIVISION #39, THE SAME BEING 4055 EAST RIVE ROAD N.E. , FRIDLEY, MINNESOTA. (REQUEST BY BURLINGTON NORTHERN, 17§ EAST 5TH STREET, ST. PAUL, MINNESOTA 55101) : The City Engineer reported that the Building Board recommended approval of the request with stipulations. MOTIQN by Councilman Kelshaw to concur in the approval of the request to construct a yard office and caboose servicing building and Phase I of a diesel locomotive repair shop and concept approval of the entire diesel locomotive repair shop, (Phasq I and Phase II) , subject to the following stipulations imposed by the Board: 1. All parking areas to be blacktopped. 2. Landscaping plan for East River Road to be brought to Building Standards - Design Control Meeting. 3, Lighting plan to be brought to Building Standards - Desicjn QQntrol Meeting. 4 Traffic pattern to be checked by Engineering Department. 5, Sample of building material to be used brought to Building InspectQr. REGULAR CO CIL MEETING OF MAY 15, 1972 PAGE 16 CONSI RATION OF A REQUEST TO CONSTRUCT A SERVICE CENTER LOCATED ON THAT PART OF THE NORTHEAST � OF SECTION 11, T-30, R-24, DESCRIBED AS FOLLOWS: Vy BEGINNING AT A POINT IN THE NORTH LINE OF SAID NORTHEAST OF THE NORTHWEST " DISTANT 636.8 FEET WEST OF THE NORTHEAST CORNER OF SAID NORTHEAST 14 OF THE XCRTHWEST � ; THENCE WEST ALONG SAID NORTH LINE A DISTANCE OF 400 FEET; THENCE SOUTHEASTERLY DEFLECTING TO THE LEFT 110 52'02" TO THE CENTERLINE OF OS ORNE ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER OF OSBORNE ROAD TO ITS I14TERSECTION WITH A LINE DRAWN SOUTH FROM THE POINT OF BEGINNING AND AT RIGHT ANGLES TO SAID NORTH DESCRIBED LINE TO THE POINT OF BEGINNING. THE SAME BEING 315 OSBORNE ROAD N.E. , FRIDLEY, MINNESOTA. (REQUEST BY KORSUNSKY- KRANK INC. , 1525 GLENWOOD AVENUE, MINNEAPOLIS, MINNESOTA 55405) : The City Engineer reported that the Building Standards recommended approval of the plans withstipulations. The square footage of the building is in excess of the Code requiiement and there is not enough parking, so they have applied for a variance. When the rezoning was approved the plans showed a building with 4070 square feet, now they are proposing a building with 6650 square feet which is almost a 5 % increase. He suggested, if the Council wishes, they could approve the buildi g using 6000 square feet which would meet the Code, then if their variance i approved, they could increase the size to 6650. The 650 feet difference would be for a variance to the parking requirement. CouncilmanBreider asked if the shopping center would be a solid building and the City E gineer said yes, it would be a row of shops within one building. He then showed a rendering of the proposed building at the Council table. Mr. Ernst explained that he had already talked to the Board of Appeals and the item has been placed on the Agenda. Councilman Mittelstadt said that if they still have to appear before the Board of Appeals, perhaps the Council should wait for their recommendation. Mr. Ernst explained that they are pressed for time. There is some speci1 soil preparation necessary and they are proposing to prepare for a 6650 squar foot building, in the hope they are successful, and the outside walls coul be reduced easily if not. Councilman Mittelstadt asked if this would require a public hearing before the Board of Appeals and the City Engineer said yes, a notices will be sent. Councilman Mittelstadt said if the Council approved t e request it would put the Board of Appeals in the position they would feel that hey had to concur with the Council action. He did not feel they should be ut in this position. Mayor Lie 1 said that this project has been discussed very thoroughly and there were many stipulations to the rezoning. There is a great deal of dirt that has to be haued and that takes time. If this was laid over, the Council could not act on hi request until June 5th, and although he agreed the proper process should be gone through, sometimes there are extenuating circumstances. MOTION by Councilman Breider to approve the request to construct a service center re ested by Korsunsky-Krank, Inc. subject to the Building Standards stipulati ns and approve the building permit with 6000 square feet, unless the variance o allow 6650 square feet is approved by the Board of Appeals, in which cas they could use the larger building. Seconded by Councilman Utter. Upon a vo ce vote, all ayes, Mayor Liebl declared the motion carried unanimously. The City ngineer reported that Item #3 (Viewcon quadraminiums) will be going before th Planning Commission and will be forwarded to the Council after their review. REGULAR COUNCIL MEETING OF MAY 15, 1972 PAGE 15 MOTION by Councilman Breider to set June 12, 1972 as the public hearing date for the rezoning request by John Doyle. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said there were rumors brought to his attention; one of which was that there would be a factory going in that would be belching black smoke. Another was that Mr. Doyle would be down-grading the house and another was that if he did not get his rezoning, he would bring in 235 homes. When Mr. Doyle came before the Council with his proposal, he was told to follow the proper procedure, and he, personally, felt that this plan would be an improvement. Mr. Doyle said he was very surprised to learn at the Planning Commission Meeting that there was a petition going around with 216 signatures against this rezoning. In order to get 216 signatures would encompass quite a bit of area. It was a stated fact that at least a part of the signers were renters, not land owners. In Addition, after the petition was submitted, at least one individual had been informed it was to be rezoned industrial and he was asked "How would he like to have a factory belching black smoke?" He said he had talked to a fair number of people within the 300 feet radius of the property and a great many indicated they did not object, so it seems many changed their minds later. If he had talked to many of these people, obviously the 216 signatures goes far beyond this area. He said some of the circulators did not know what his presentation was, so how could they go around and tell people what he was going to do? He said he was not looking specifically for a rezoning, he would be just as happy with a special use permit that would allow him to fix the house up and use it for his real estate office. He said he certainly did not intend to build any apartments, houses, or "factories belching smoke" . From the street this office would look quite like a private residence. He said if he is unable to use the property as he proposes, possibly an alternate would be to build houses, but he did not feel this area would justify a $35,000 - $40,000 house, so it would have to be a low priced house. Another alternate would be double or multiple family units. He said his impression was that the Planning Commission has another design in mind for this area, but he thought that his use would have less impact on those plans than anything else that could go in. MOTION by Councilman Mittelstadt to receive the Minutes of the Planning Commission Meeting of May 3, 1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF MAY 4, 1972: 1. CONSIDERATION OF A REQUEST TO CONSTRUCT A TRIPLEX LOCATED ON OUTLOT 1, RICE CREEK PLAZA SOUTH ADDITION, AND LOT 32, BLOCK 4, LOWELL ADDITION, THE SAME BEING 6591 MAIN STREET N E , FRIDLEY, MINNESOTA. (REQUEST BY ALVIN A. NITSCHKE, 6441 UNIVERSITY AVENUE N.E. , FRIDLEY, MINNESOTA) : The City Engineer reported the Building Standards recommended approval with stipulations. Mr. Nitschke has submitted new plans incorporating their conditions. MOTION by Councilman Breider to approve the request to construct a triplex by Mr. Alvin Nitschke with the revised plans submitted this date to be used. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. s REGULAR COUNCIL MEETING OF MAY 15, 1972 PAGE 17 MOTION by Councilman Mittelstadt to receive the Minutes of the Building Standards Design Control Meeting of May 4, 1972. Seconded by Councilman Breider. Upon a voice votA, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 9, 1972: The City Engineer reported that Item #1, a variance requested by Dr. Kay Ingebrigts n, was tabled by the Board, so there is no Council action. A REQUEST FOR VARIANCES OF: SECTION 45.053, 4A, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 25 FEET AND SECTION 45.053, 4C, TO REDUCE THE REAR YARD DEPTH FROM 25 FEET TO 12 FEET TO ALLOW THE CONSTRUCTION OF A DWELLING • AND GARAGE ON LOT 6, BLOCK 3, EDGEWATER GARDENS ADDITION THE SAME BEING 58 RICE CREEK WAY N.E. , FRIDLEY, MINNESOTA. (REQUEST BY MR. ROBERT DEGARDNER, 7950 EAST RIVER ROAD N.E. , FRIDLEY, MINNESOTA) : Mayor Liebl said that he had received a call from Mr. Hamer who had some objection, and asked to see a survey. The City Engineer brought a survey to the Council table and there as some discussion with Mr. DeGardner at the table. Mayor Liebl asked if this pl created a traffic problem in any way since it is a corner lot and Mr. DeGar er replied no, there is no hazard. Councilman Mittelstadt commented that there was some discussion about the drainage but he thought this was a problem that should be worked out between him and the neighbor. MOTION by Councilman Mittelstadt to approve the variances as requested by Mr. Robert DeGardner. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. A RE EST FOR A VARIANCE OF SECTION 45.053, 4B, 4, TO REDUCE THE REQUIRED SIEE YARD ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 2 FEET TO ALLOW AN ATTACHED DOUBLE GARAGE TO BE BUILT TO REPLACE THE EXISTING DETACHED SINGLE GARAGE THAT IS 2 FEET FROM THE LINE, LOCATED ON LOT 9, BLOCK 1, DONNAY°S LAKEVIEW MANOR ADDITION, THE SAME BEING 5821 WEST MOORE LAKE DRIVE, FRIDLEY, MINNESOTA. (REQUEST BY MR. ARNIE MORRISON, 5821 WEST MOORE LAKE DRIVE, FRIDLEY, MINNESOTA) : MOTION by Councilman Mittelstadt to concur in approval of the request for a variance for Mr. Arnie Morrison. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by C uncilman Breider to receive the Minutes of the Board of Appeals Meeting of ay 9, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL TO CONSTRUCT PHASE 2 & PHASE 3 OF AN INDUSTRIAL WARE- HOUSE AND OFFICE BUILDING TO BE LOCATED AT 7850 AND 7880 BEECH STREET, REQUESTED BY ALLAN ZEIS: The City Engineer explained that this is part of a plan which was reviewed by the Council on December 20, 1971. Phase.1 was approved and Mr. Zeis was under the impression that he had received approval for Phase 2 & 3 also. His plans for Phase 2I & 3 are basically a repeat of Phase 1 and he is asking that the Council app Qve his request subject to any stipulations the Building Standards may wish to impose at thier meeting May 18th. This would save him about 3 weeks as the next Council meeting is not until June 5th. 1 r REGULAR COUNCIL MEETING OF MAY 15, 1972 PAGE 18 MOTION by Councilman Mittelstadt to approve the plans for Phase 2 and Phase 3 of an industrial warehouse and office building requested by Mr. Allan Zeis, subject to the stipulations the Building Standards - Design Control may impose at their Meeting May 18, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT FOR WATER IMPROVEMENT PROJECT #108: (Bids Opened May 15, 1972, 11:30 A.M.) Planholder Bid Deposit Lump Sum Bid Remarks Bergerson-Caswell, Inc. St. Paul $24,475.00 13120 Wayzata Blvd. F & M Minnetonka, Minn. 55343 5% McCarthy Well Co. Agricul- $33,414.00 2700 East 80th St. tural Ins. Minneapolis, Minn. 55420 5% Keys Well Drilling Agricul- $26,692.00 413 N. Lexington Pkwy. tural Ins. St. Paul, Minn. 5% Layne Minnesota Co. United $23,761.00 3147 California St. N.E. Pacific Ins. Minneapolis, Minn. 55418 5% Hydro Engineering Agricul- $29,341.28 75 Calendar Days Box 98 tural Ins. Young America, Minn. 55397 5% Tri State Drilling & Equip. Co.Seaboard $38,822.00 Subject to equipment P.O. Box 548 Surety Co. delivery Wayzata, Minn. 55391 5% The City Engineer reported that the low bidder was Layne Minnesota Company and their bid was within the engineering estimate. MOTION by Councilman Mittelstadt to award the bid for Water Improvement Project #108 to Layne Minnesota Company in the amount of $23,761.00. Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. SETTING THE PUBLIC HEARING FOR CONSIDERATION OF THE SHOREWOOD PLAZA FINAL PLAT P.S. #69-12 FOR JUNE 12, 1972: MOTION by Councilman Breider to set the public hearing date of June 12, 1972 for the final plat of Shorewood Plaza. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF RENEWAL OF LICENSE FOR VERN DONNAY: The City Manager reported there are complaints listed on Page #14A of the Council AgendA. Some appear to be disagreements between the home owner and the builder OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WW14 IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley V tl1 meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, May 2 � 1972 to consider the following matter: A request for a variance of Section 45.104, 2H, 1, to reduce the number of parking stalls required in C-2 Zoning from 44 (1 stall for each 150 square feet of ground floor area) to 38 to allow the construction of a shopping center to be located on that part of the Northeast k of the Northwest k of Section 11, Township 30, Range 24, described as follows: Beginning at the point of intersection of the North line of said Section 11 and the centerline of Osborne Road; thence West along said North line to a- point which is distant 1036.80 feet West of the Northeast corner of said Northeast k of the Northwest k; thence Southeasterly deflecting to the left 1100 52' 02" to the centerline of Osborne Road; thence Northeasterly along said centerline to the point of beginning. Subject to easement for highway purposes over the Southeasterly 33 feet thereof, subject to street and utility easement dated January 24, 1972, granted to the City of Fridley, and subject to St. Paul. Water Works Easement as same appears of record. The same being 315 Osborne Road N.E., Fridley, Minnesota. (Request by Mr. R. C. Ernst, 7180 Silver Lake Road, Minneapolis, Minnesota 55432) Anyone who wishes to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS HE MINUTES DF THE BOARD OF APPEALS MEETING OF MARCH 23 1971 The meeting as called to order by Chairman Minish at 7 :30 P.M. MEMBERS PRES NT: Minish, Ahonen, 6ondheimer, Harju MEMBERS ABS E T: Drigans OTHERS PRESS T: Al Bagstad-Building Official MOTION by Ahonen to approve the March 9, 1971 minutes as written. Seconded by ondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman Minish stated to the Board the action taken by the Council on the March 9, 1971 Board items. 1. A MUEST FO A VARIANCE OF SECTION 56.05 4 Bl TO INCREASE THE MAXIMUM HEIGHT 0 A FREE ST DING SIGN IN AN AUTOMOBILE SERVICE AREA OM 25 ET TO 46 FEET TO ALLOW THE CTION OF A FREE STANDING SIGN TO BE LOCATED ON PART OF THE NW OF W4 THE S - OF S CTION 14 TOWNSHIP 30 NORTH RANGE 24 WEST ANOKA COUNTY MINNESOTA THE SAME BEI G 6490 UNIVERSITY AVENUE N.E. FRIDLEY MINNESOTA. (REQUEST BY THE AMERICAN OIL COMPANY 1405 MELROSE AVENUE MINNEAPOLIS MINNESOTA 55426. Mr. W. G. Hosenga, Area Engineer, was present to present the request. P P a A lot plan :nd photo of the station were shown to the Board. Mr. HousengalI stated the present sign is 7' x 10' and 25' high. The proposed sign is a nelw style sign and it is 6' x 10' . He continued when they built the addition onto the station the City asked for a 5' sidewalk easement so the existingrig sits in the middle of this easement and it is up to the property lines on bQti sides. The proposed sign will be located on the East side of the property along the University Avenue Service Road. We are asking for 46' as we checked the building permit for the Phillips "66" sign, which is across Mississippi ptreet from us, and the height of that sign was 46' . We are only asking for t e same hAight as our competitor as now their sign hides our sign. from the maize of poles, lights and signs. I We also want. the height to get away fr p , g g The height would give the sign better visibility for the north bound traffic. Al Bagstad stated the Engineering Department was interested in talking to the American Oil Company about obtaining a 12' easement for an extra lane along Mississippi because of the traffic backing up in this area. Mr. Housenga stated he could not say if the company would agree to this as this is the first time he has heard anything about it. Mr. Sondheimer asked when the variance was granted to erect the Phillips "66" sign? Mr. Housengaanswered a variance was not necessary when this sign went up as it met the C�ity Codes. He said he also had a permit to put up a larger sign at that time but he did not do so. Board of A eats Minutes of March 23 1971 PaRe 2 _ Mr. Ahonen asked if the present sign would be taken down? Mr. Housenga answered that it would be taken down. MOTION by Harju to close the public hearing. Seconded b Ahonen. Upon a voice vote, there being no nays, the motion carried unani-mously. Mr. Harju stated he felt the City was trying to get away from the large and the real hgh signs, and by granting this variance to conform to signs that were erect d before the new ordinance was passed the Board would be defeating the purpos; of the ordinance. He felt the height was not that critical a consideration. Mr. Ahonen stated that gas stations do have a very competitive business and he was in avor of the sign since the Phillips sign is 46 feet high but he did not fe 1 the height would make that much difference as the traffic had to turn of. from University to get to either the Phillips "66" or Standard Stations, Mr. Harju Mated he was not in favor of a 46 foot high sign but he would be walling to consider a sign height that would go below the crossarms of the power poles. He would like to see the applicant come back with a lower request. The Phillips sign is high but he did not necessarily think it did that much good, Mr. Sondh€: er stated he did concur with the idea of compromising between the 46 feet and the 25 feet of our Code. MOTION by Sondheimer to table the request until the April 15, 1971 meeting to allow the applicant time to draw up plans for a lower height to gain a better rel4tionship between the new sign and the existing poles, lights and signs for the appearance of the neighborhood and the station. Seconded b Harju. Upon a voice vote, Ahonen voting nay, the motion carried. Bacause of a conflict of interest in item #2 Chairmc-n Minish asked Mr. Ahonen to chair the meeting. 2. A REQUEST�OR A VARIANCE OF SECTION 56.05, 6F, FRIDLEY CITY CODE, TO DECREASE THE FOOTAGE REQUIREMENT FOR A SIGN TO BE AWAY FROM A PROPERTY LINE FROM 10 FEET TO ZERO FEET TO PERMIT THE ERECTION OF A FREE STANDING SIGN TO BE LOCATED ON PART OF LOT 1, BLOCK 1, FRIDLEY INDUSTRIAL PARK PLAT 1, THE SAME BEING 7298 HIGWY #65 N.E., FRIDLEY, MINNESOTA. (REQUEST BY CHAMPLIN PETROLEUM COMPANY, B3X 9365, FORT WORTH, TEXAS 76107.) J The Minutes of the Board of Appeals Meeting of Ma 23 3972 Page 4 Mr. Harju asked if the Board recommends approval of this variance, will we in effect also be approving the pylon sign at its present size. Mr. Belisle said he thought they would be as they would be approving having a co ination of both the roof sign and the pylon. When the size expires under the grandfather clause, one of the signs will have to be removed. Mr. Chowder stated that he is not convinced that they really need the additional 34reLuare feet in sign area. Mrs. hlberg stated she thought the Board would be setting a dangerous precedent forsard roofs if they granted the variance. Mr. ondheimer stated he felt there should be a limit on the number of signs, espe ially along freeways. He felt that the Board should put on more restrictions along Mississippi Street and University Avenue concerning signs. MOTION by Wahlberg to recommend denial of the variance to the Council because this new sign is not going to attract anymore business as the main sign with the arches does that and also because the present sign is already non-conforming and will have to be changed in 1974. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. 3. A REtUEST FOR A VARIANCE OF SECTION 45.104, 2H, 1, TO REDUCE THE NUMBER OF PARKING STALLS REQUIRED IN C-2 ZONING FROM 44 (1 STALL FOR EACH 150 SQUARE FEET OF GROUND FLOOR AREA) TO 38 TO ALLOW THE CONSTRUCTION OF A SHOPPING CENTER TO BE LOCATED ON THAT PART OF THE NORTHEAST k OF THE NORTHWEST k OF SECTION 11, TOWNSHIP 30, RANGE 24, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID SECTION 11 AND THE CENTERLINE OF OSBORNE ROAD: THENCE WEST ALONG SAID NORTH LINE TO A POINT WHICH IS DISTANT 1036.80 FEET WEST OF THE NORTHEAST CORNER OF SAID NORTHEAST k OF THE NORTHWEST 1, THENCE SOUTHEASTERLY DEFLECTING TO THE LEFT 1100 52' 02" TO THE CENTERLINE OF OSBORNE ROAD; THENCE NORTHEASTERLY ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. SUBJECT TO EASEMENT FOR HIGHWAY PURPOSES OVER THE SOUTHEASTERLY 33 FEET THEREOF, SUBJECT TO STREET AND UTILITY EASEMENT HATED JANUARY 24, 1972, GRANTED TO THE CITY OF FRIDLEY, AND SUBJECT TO ST. PAUL WATER WORKS EASEMENT AS SAME APPEARS OF RECORD. THE SAME BEING 315 OSBORNE R_OA N.E. , FRIDLEY, MINNESOTA. (REQUEST BY MR. R. C. ERNST, 7180 SILVER LAS ROAR, MINNEAPOLIS, MINNESOTA 55432) MOTION by Wahlberg, seconded by Harju,, to waive the reading of the public heating notice. Upon a voice vote, there being no nays, the motion carried unanimously. Mr, lErnst was present to present the request. The plot plan of the property was shown to the Board. Mr. Ernst explained they have a site to build a 6650 square foot convenience center. The ordinance requires 44 parking spaces and they only have room for 3$ spaces. It is an on grade slab building as they can't put a basement to bec use of the high water table in this area. Another ordinance requires A max�mum lot coverage of 40 % and this building is covering only 17� %, The Minutes of the Board of Appeals Meeting of May 23, 1972 Page 5 Mr. Ernst continued that they felt they had enough parking spaces for the building as the businesses that will occupy the building will have their peak business hours at different times during the day. There will be a pizza store that will have its most business late at night, a Tom Thumb store that will have late afternoon business, a barber shop and beauty salon that will have daytime business, a dry cleaning store that has daytime business and a small butcher shop that also will have daytime business. Mr. Mini0h asked if all these tenants were signed up for the building. Mr. Ernst said that they were in the "letter of intent11 stage but he hoped they would all have signed a lease within the next two weeks. Mr. Minih said he didn't like the idea of not having the expected tenants pinned down,. I the variance was approved before the tenants had a lease, the tenants could ch nge which might mean unexpected traffic. Mr. Erns said the partition walls of the building are moveable so they don't have to llot as much floor area to each tenant as proposed. He said they did have the 5 other parking spaces on their first interim plan but they had to dedicate some land for a street and utility easement to the City. Mrs. Wah berg asked if there are any requirements as far as footage for the entrance or exit going into a right turn lane. Mr. Belisle answered that was the purpose of deeding the land to the City. Mr. Ernst said that the area directly to the North of this property will be filled with mora multiple dwellings so they feel there will be more walk-in traffic than drive-in traffic so they really don't feel they need the extra spaces. Mr. Mini h asked if the service station and the convenience center will be under one ownership. Mr. Ez-pst answered there will be 2 separate ownerships but there will be a combined architecture and driveways. Mrs. Wah berg asked how many employees will be in the entire building. Mr, Ernst answered 6 to 8 employees. Mr, Mini h said during the day some of the parking spaces will be being used by the delivery trucks. Mr, Erns said the trucks would use the parking spaces but there won't be that many del'very trucks for the type of businesses in the building. Mr. Sondheimer asked where the disposal area would be. Mr. Erns said it would be on the East side of the building behind a 6 foot redwgod fence. Mr, CroW41er suggested that by giving up a tree and some green area they cpuld add the spaces along the front of the propert*r. The only other alternative wguld be to cut down the size of the building. Mr, Harju said to make the building conform would mean losing only 1 business. The Minutes of the Board of Appeals Meetin of Ma 23 1972 Pa&e 6 Mr. Sondheimer asked how the outside of the building would be lighted. Mr. Ernst said there would be two lights in the parking lot directed toward the building. One would be on the curb line and one on the corner. Mr. Sondheimer said they might need a special permit to construct the light on the ea ement because of the bases. They would probably need a 6 foot base. MOTION by Sondheimer, seconded by Harju, to close the public hearing. Upon a voice vote, there being no nays,, the motion carried unanimously. Mr. Crowder said he felt in order to put this size of building on this lot the applicant is going to have to find 6 more stalls, possibly going as clone to the easement as possible, or to decrease the size of the building. He would probabl need a variance to put the parking spaces closer to the easement and Mr. Crowder said he liked this size of a building. Mr. Harju said that the Code does say we need that amount of spaces for this size of building so there must be a good reason for it. Mr. Sondheimer said he thought the traffic will increase in years to come and if the $card allows them to decrease their parking spaces now it will be harder to accoinodate their customers in the future. Mr. Har u said at this time he would be in favor of denying the variance so he would suggest tabling it to find more spaces. Mr. Ernst said he had two vezy important points to project. 1) A convenience center is only located where there is an 800 family density within 3/4 of a mile and in this location there will be 360 familys in just the apartments to the north. They will not be having that many cars coming in. 2) Under the provision for joint use of parking, they will have the peak business hours at different times o the day. Mr. Sondheimer asked if there are any future plans for improving or widening Osborne I Road. Mr. Belisle said he hadn't heard of any and also that Osborne Road is a County itoad. Mr. Min�sh said he would be in favor of granting a variance on parking spaces s in front rather than reducing the number of spaces. He would rather try to work out som�thing rather than any type of denial. NOTION by Sondheimer to table this request under the condition that the applicomt redraw his request to accomodate 44 stalls and that the Engineering Department and the County be consulted for the future widening or improvements of Osbo me Road. Seconded by Crowder. Upon a voice vote, there being no nays, the motion carried unanimously. THE MINUTES OF THE BOARD OF APPEALS MEETING OF JUNE 13, 1972 The meeting was called to order by Chairman Minish at 7 :30 P.M. MEMBERS PRESENT: Minish, Crowder, Harju, Sondheimer MEMBERS ABSENT: Wahlberg OTHERS PRESENT: Clarence Belisle - Building Inspector 4&V 0MOTION by Harju to approve the May 23, 1972 minutes as written. SVGonded by Sondheimer. Upon a voice vote, there being no nays, the motion carried �up4p;' ;ous ly ,�o c A REQUEST FOR A VARIANCE OF SECTION 45.104, 2H, 1, TO REDUCE THE NUMBER OF PARKING STALLS REQUIRED IN C-2 ZONING FROM 44 (1 STALL FOR EACH 150 SQUARE FEET OF GROUND JLOOR AREA) TO 38 TO ALLOW THE CONSTRUCTION OF A SHOPPING CENTER TO BE LOCATED ON JW T OF THE NORTHEAST t OF THE NORTHWEST k OF SECTION 11 TOWNSHIP 30 RANG.E— ZJX DESgRIBEWAS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF S I SECTI N 11 AND THE CENTERLINE OF OSBORNE ROAD; THENCE WEST ALONG SAID NORTH ,INE MA POINT WHICH IS DISTANT 1036.80 FEET WEST OF THE NORTHEAST CORNER OF SAID NORTHEAST I OF THE NORTHWEST ,; THENCE SOUTHEASTERLY DEFLECTING TO THE LEFT 110 52' 02" TO THE CENTERLINE OF OSBORNE ROAD; THENCE NORTHEASTERLY ALONG SAID CEN_ RLINE THE POINT OF BEGINNING. SUBJECT TO EASEMENT FOR HIGHWAY PURPOSES OVER THE OUTHEASTERLY 33 FEET THEREOF SUBJECT TO STREET AND UTILITY EASEMENT DATED JANUARY 4 1972, GRANTED TO THE CITY OF FRIDLEY, AND SUBJECT TO ST. PAUL WATER WORKS EASEMENT AS ySAME APPEARS OF RECORD. THE SAME BEING 315 OSBORNE ROAD N.E. , FRIDIEY, MINNESOTA. (URMEST BY MR. R. C. ERNST, 7180 SILVER LAKE ROAD, MINNEAPOLIS, MINNESOTA 55432) Qhai.rmap Mini h explained this request had been tabled from the May 23, 1972 meeting t9 a�,1ow the ppli.ant time to redraw his plans to accomodate 44 parking stalls , Mr. Ernst cam forward with a new site plan showing the 44 parking stalls . He said he had talked ith Mr. Dean Redman, project engineer with the County, about the im ro ements for Osborne Road and these improvements were incorporated into proposed p p P the new site plan. One improvement was a 12 foot right turn lane on Osborne extending to University venue. There will be room for a 7 foot sidewalk on the dedicated ri$ht of way o Osborne Road. The 6 additional parking spaces were shown along Qpbprne Road p operty line and Mr. Ernst explained he would then plan to put to donser plantings to make up for the loss of 10 feet of green area for the benefit of the residential area across the road. Mr. Ernst added that if this plan was more to the Board's approval than the original request, he would make application for a front yard setack variance of from 20 feet to 10 feet. Crowder st ted this item was tabled as he had wondered how the site would look with the 6 additional parking spaces in the front as Mr. Ernst had stated he did not want to cu down the size of the building. Now that the new site plan has been submitted, he ondered what the residential area would think of losing 10 feet of the green area; Mr. Belisle added that in the winter the snow from Osborne Road would be piled up 64t this locatign on the property by the plows on Osborne and also from clearing the parking lot. Mr, Sondheimer (stated that the parking spaces in this location could be used in the summer but lin the winter they would probably be filled with snow, Be Minutes of the Board of Appeals Meeting of June 13, 1972 Page ei Mr. Mtnish as�ed what the size of the building was at the time the rezoning requgst was asked for on this property. Mr, Ernst said there was no specific measurements for the building mentioned at that time. Mr. Minish'stated that if the Planning Comnission had had all the facts on the building and on the code requirements not being able to be met, they might have acted differently on the rezoning. Mr. Crowder said that after seeing where the additional parking spaces would be and that they would probably be lost during the winter with the snow pile up, he was not in favor of this layout and he would not be able to vote for a variance on the front yard setback if requested. Mr. Harju stated that he felt the right way to go would be to cut the building down • the 600 squareifeet and have the minimum parking requirement for that size building. Ho said that since the tenants could possibly change, the Board has to look at the overall effects and what the future might bring in the way of paYking spaces that would be necessary. Mr, Belisle added that having the parking spaces along Osborne Road would result in oar lights shining across Osborne Road onto residential property. MOTION by Harju to recommend to Council denial of the request and request to Council. that the building area for parking spaces needs to concur to the City Code. Seconded by Crowder. Upon a voice vote, there being no nays, the motion Carried unanimously. 2. A4&OUEST FOR A VARIANCE OF SECTION 45.053, 4B, 4, FRIDLEY CITY CODE, TO REDUCE THE SIDE YARD ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 2 FEET TO ALLOW THE CONSTRUCTION 01 A 10 FOOT ADDITION ONTO AN EXISTING ATTACHED GARAGE LOCATED ON LOT 2, BLOCK'2 ROKY BIEW SECOND ADDITION, THE SAME BEING 1015 MISSISSIPPI STREET N.E.,FRIDLV7, MINNESOTA. (REQUEST BY MR. JAMES D. CARLSON, 1015 MISSISSIPPI STREET N E , FRIDLEY, INNESOTA. MOTION by Harju, seconded by Crowder, to waive the reading of the public hearing notice. Upon a voice vote, there being no nays, the motion carried unanimously. KV, James Carlson was present to present the request. He explained he has a two dgQT garage nowlbut he can't fit 2 cars in it without taking down his workbench and storing everything out side. There is a furnace in the garage inside a 5 foot by 5 foot box as there is no basement under the house. The duct work is in the attic. lie added they do need two cars as, both he and his wife work. 14r, Carlson said he will be moving the wall out toward the property line and tieing in the roof with the existing roof. He will be blocking out one garage door so he would only end up with 2 doors. He said he has converted a dog pen behind the garage into a storage shed for his snow blower and lawn mower and tools and he would like to store these in the garage and get rid of the. shed as it doesn't look good. s SPECIAL PUBLIC HEARING MEETING OF AUGUST 9, 1971 PAGE 4 PUBLIC HEARING ION `&PER SANITARY SEWER AND STORM SEWER PROJECT #105: Mayor Kirkham ted where the improvement was to be and the City Engineer showed the are on the overhead projector. He said this project is to provide water, sanitarysewer and drainage as requested by Burlington Northern. The Engineering Deartment is proceeding with preparing plans. Councilman Liebl asked if this was petitioned for by Burlington Northern, and the City Engineer said that the gxty received &'letter requesting the facilities. MOTION by Councilman Liebl to close the Public Hearing on Sanitary Sewer, Storm Sewer and Water Improvement Project #105. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carred and the hearing closed at 8:20 P.M. PUBLIC HEARING R REZONING ST' ZOA $Y JOHN P. YOUNGDALE FRAM A-3 TO C-2 IN THE NORTHEAST CORNER OF UNIVERSITY AVENUE AND QSB03ME ROAD) % AND RECBIVING PETITION #12-1971 RE STING REZONING AND PERMIT TO ALLOW CONSTRUCTION OF A CONVENIENC1,E CENTER AND'SERVICE STATION BY THE AMERICAN OIL COMPANY: AND PUBLIC HEARING ON CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT SP #71-03 TO CONSTRUCT A SERVICE STATION IN Ji-C"2 DISTRICT (GMERAL BUSINESS AREA) IN THE NORTHEAST CORNER OF UNIVERSITY AVENUE AND OSBORNE ROAD: Mayor Kirkham lained the location and the request and the City Engineer showed the location o the overhead projector. He said the Minutes from the Planning Cosmmission Mee ing are in the Council Agenda. They are also requesting a special use permit to se basically-,the westerly � of the property for a gas station. They can be c sidered concurrently by the Council as they are tied together. This hearing s requested by the applicant. Mr. Wyman Safi said he was appearing on behalf of the applicant, Standard Oil. They have been the owners since 1958. In 1957 the stoning was R-1 and there was an applic tion made by the owner to rezone so they could use this location for a service tation as they had a buyer. It was rezoned to R-3, which at that time, cou be used for a gas station under a special use permit. Standard Oil has made investment in the City of Fridley and they have owned it since. In 1967 someo else (before Mr. Youngdale) presented a request to Council for a special use rmit. This was still' allowed under- the zoning. There was a hearing and sc eneighbors objected and there were problems with Spring Lake Park and the H ghway Department. The last thing mentioned was a suggestion by the Mayor at there could be a public hearing before the Council and that request was n ded in writing. Somehow their plans aborted and there was no further menti of this plAn. In 1969 the Ordinance was changed so a gas station was no longer lowed in R-3 with a special use permit. This current appli- cation wasori finally made in March. There was a public hearing before the Planning Comms sion and a lot of work and discussion has gone into the project. He then presan ed the plan on the easel, and said that Standard Oil is most anxious to dev lop a unique station. They feel it will be the first of this class in the n rthern 'suburbs. They feel this is a good plan and a good location. Theldeveldpment is divided into two parte the station will be near SPECIAL PUBLIC HEARING MEETING OF AUGUST 9, 1971 PAGE 3 ` Mr. Carl Paulson, 430 57th Place N.E. , said that he had suggested before that the alley could be vacated. This would give the people on Jefferson 6 more feet so the street could have been made wider. He said Mr. Benjamin has told him there was a big error made many years ago when the Donnay plat was accepted and correction is difficult now. He said Mr. Benjamin has also told him the street is only l' from their property line and 5' from the Donnay plat. Mayor Kirkham answered that was done so the snow could bg pushed to the east rather than on the west where Mr. Benjamin lives. He added that for streets with a double frontage such as this, the Council had adopted a policy where the people fronting on another street do pay a portion of the cost of the second street. Mr. Benjamin said Mr. Paulson spoke of the alley, which brings up another problem. When the contractor worked on the lots to the west, he took fill from the alley and now the dirt from his lots washes down into those lots. The contractor took the whole 12' of the alley and used it for fill. He said he stopped him. It seemed nobody told him there was an alley. Now he had to fill this area to keep his lots from washing down toward the west. He asked who was going to pay for this? Mayor Kirkham asked Mr. Banjamin if he reported it to anyone at City Hall. Mr. Benjamin said he told Mr. Ankrum, former City Manager, and he came out. The contractor then stopped, but the damage had been done. Councilman Liebl asked Mr. Benjamin if his house sits on two 40 foot lots. Mr. Benjamin said yes, his house is on one lot and his garage on the other. He also has Lots 1 and 2 north of his house and Lots 4 and 5 on the south side. Councilman Liebl said that the developer came in and asked for the utilities to be put in. He asked if the houses built were not nice homes, and an improvement to his area. Mr. Benjamin said yes, but some of them have problems with the sod because the ground is so sandy. Councilman Liebl asked if Mr. Benjamin were to sell his lots, would they not be buildable lots. Mr. Benjamin said yes, they are nice lots, all but Lot 5 are level and have clay and black dirt on them. Councilman Liebl said in regard to his assessments, there was no discrimination, and he was not assessed more than anyone else. He realized it was quite a bit of money, but he does have the option to sell these buildable lots to be developed. Mr. Benjamin said that figuring $16.38 per foot for water and sewer and another $9.53 per foot for street, how much would it be for two 40 foot lots and could they be sold. The City Assessor said that the assessments for all three would amount to between $2100 and $2200. Councilman Liebl asked what is the average assessment for 80 feet for water, sewer and street. The City Assessor said it would amount to close to $2500. The Finance Director added that the $9.53 figure for street is still an estimate, the- roll has not been finalized yet. MOTION by Councilman Liebl to close the Public Hearing on Sanitary Sewer and Water Improvement Project 1193. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the hearing closed at 8:17 P.M. Y SPECIAL PUBLIC HEARING MEETING OF AUGUST 91 1971 PAGE 5 T.B. #47 and further back will be the shops. It is 1.8 acres total. With only 1.8 acres, it is almost impossible to think in terms-of development under R-3, the best you could get would be about 8 units and they would not be deluxe because of #e limited space. He said the architectural design will conform to the aparltments in Spring Lake Park. He said the zoning in Spring Lake Park was industal for the apartments located just north of this parcel, and added ri there are letters of objection from them concerning this proposal. There will be no service roads along Osborne Road or T.H. #47. He said he understood there have been some studies made and an Ordinance proposed amending Section 45.101 of the Code to upgrade the requirements for filling stations. Standard Oil is agre able to provide whatever the Ordinance requires. They do not intend to have any outside sales, used cars, rental of trailers or anything of this kind. He said he checked with the City Assessor and found that their total real estateltaxes will be about $10,000 per year. For the size of that parcel, this is as ch revenue as the City could possibly get. He said there were some neig s present at the public hearing before the Planning Commission to object, some may be here tonight. He said he understood there was a petition pr sented favoring the Standard Oil proposal and there were three neighbors that were much opposed. One of the reasons for the opposition was the traffic on Osborne Road. With the development of the Clinic and the Hospital, traffic will probably increase. Another objection was concerning lights and nterference with single family dwellings. Mr. Youngdale has told him that there is a 60' strip as an easement along Osborne Road that is for a St. Paul wa rworks line. They will require a concrete slab covering it and nothing can be built upon it. Standard Oil will agree to whatever the City may want in that 60' strip. They will also provide complete screening for the neighbo s across the street. Their rights and interests must be respected. Standard Oi is most anxious to accommodate. In driving by, he noticed the man across a street has built a screen to protect himself from all the traffic. I Standard Oil put in a screen with trees with some height, the neighbor ac oss the street would be doubly screened. He said the Council must think in to s of use of this property, and it should be put to some practical use. He sa d he was not sure an 8 unit apartment building would best serve the communi y or the neighbors. Standard Oil recognized Fridley is a nice place to locate d are convinced this is what they want to do. He said they tell him this wo ld be one of the nicest buildings in the northern suburbs. Mr. R.L. Ernst s present ton Vbt and his interest is in the convenience center on the east si e. Mayor Kir asked Mr. Ernst what his plans were for the convenience center. Mr. Ernst s d it would be 4,070 square feet and would have such things as a food shop, b her shop, dry cleaners etc. Councilman Liebl asked if the quality would compare with the convenience store on Mississippi Street and I„✓ Central AIVe. Mr. Ernst said it would be higher quality because of the rapid improvnt in building materials and construction techniques. Council- man Liebl as ed if he owned the property and Mr. Ernst said Standard Oil owns the propertyland he would buy from them. Councilman Liebl asked what were the taxes on this parcel. Mr. Ernst said he had checked and found that the taxes were $624pe year. Councilman Liebl did not feel an eight unit apartment building on at corner would be a good thing for Fridley, and added he thought it would be hazard. There is a waterworks lime to consider. He said he would be in favor of the proposal if it was the same or higher quality as the shop by Sandee's, and he felt this would be an asset. He said he would want adequate setbacks and would not want this is cause traffic congestion. If there was enough screening for the property owners to the south, he thought this could work out. r SPECIAL PUBLIC HEARING MEETING OF AUGUST 9, 1971 PAGE 6 Councilman Kelshaw asked if they would be building their buildings exactly as the plan shows on the easel and Mr. Ernst said yea, both the gas station and the commercial strip would be identical to what is shown. Be added the traffic would not be going out onto University Avenue. Councilman Kelshaw asked if there would ever be loopbacks. The Cyty Engineer said that there will not be a service road along T.H. #47, so there is no need of loopbacks. Councilman Harris said Mr. Smith referred to an 8 unit apartment building and asked if that is an engineering figpre of just an assumption. Mr. Smith said that was just a guess. Councilman Harris said the Code allows 17 per acre. Mr. Smith pointed out there would be problems with setbacks and it is a triangular piece of property and would be hard to work with. Councilman Breider asked how many feet back from University Avenue the approach would be. The City Engineer said they do not have the detailed plans yet, but if the Council permits the rezoning, the requirement in the Code would be 75 feet from the intersection right of way line. if this parcel is rezoned, there would have to be some work done on the traffic configuration. Councilman Kelshaw asked what was the total construction cost. Mr. Ernst said the convenience center would be about $100,000 and Mr. Youngdale said the station would also be about $100,000, for a total of close to $200,000. Mr-- Ralph Lynn, 7599 University Avenue N.E. , said he lives directly across Osborne Road and his reason for objecting to the filling station is covered in the k6nning Commission Minutes, but is basically the fact that no matter how well this is landscaped, it would still be a detriment to his home. He said he has lived there for 20 years. He said he understood from the Planning Commission there was a study carried on concerning the traffic at University Avenue and Osborne and also one on whether a third station could exist at this intersection. He thought someone at City Hall was making a study on the whole gas station policy. The City Engineer said that the studies were brought to Council and an Ordinance was passed upgrading the requirements for special use permits especially for gas station. This Ordinance is now on the books. Mr. Lynn asked if the study did not concern how many gas stations there could be in any one location. The City Engineer said the study did include how many stations there are in the City of rridley, but the City does not have the power to dictate locations. The City cannot tell Standard oil they have one station in Fridley, so they cannot have tMother. Mr. Lynn said he got the difinite impression that the Council would not issue a permit if it looked like there would be three stations on one intersection, and one would probably go out of business. The City Engineer said the City does not have that power. Mr. Lynn asked the results of the traffic study. The City Engineer said they do have the results and if there is going to be a gas station on this corner, then certainly there will have to be improvements to the intersection. The City should require the intersection to be widened and an additional turning lane put in. This corner is not big enought to handle the additional traffic. Councilman Liebl said the Council must consider this proposal both from the aesthetic standpoint and also on the basis of the tax potential. . Mr. Lynn said he Vould hate to sacrifice some value on his home, but he must consider the overall picture of Fridley. There would be high taxes derived from this SPECIAL PUBLIC HEARING MEETING OF AUGUST 9, 1971 PAGE 7 corner. He Bald with two gas stations already on the corner, he would predict that one wound go out of business. !Mayor Kirkha= asked if anyone contacted the church, they were in opposition when this last came up. Mr. Ernst said he spoke to the pastor before the Planning Commission Meeting and he was not opposed to the cossercial rezoning, he felt there was a need for this type of service, but he was opposed to the gas stational Councilman Breider asked if the one request was contingent upon the other and Mr. Youngdahe said yes, they were both one entity. Councilman Liebl asked if the petition received was signed by property owners. The City Engineer said yes, they were ,the property owners. Mr. Lynn pointed out that they are really not adjacent property owners, but are one tier back. Councilman Breider asked" Mr. Lynn if he objected to the total development, or just the gas Station. Mr. Lynn said the service center would not be too bad because it s further back from his property and the lights would not shine into his hoe. Mrs. Helen reuenfels said in the last few weeks there was a request for a special use _rmit by Skelly Oil that was turned down by the Council. The people involved have said they are going to take it to court. The locations are really �t that far apart. If the Council grants this rezoning and special use permit, could not the Skelly people use that to get the Council to change their minds? Mayor Kirkham said possibly, but he was not sure the circumstances were the same. Mr. Lynn commented that there were 12 filling stations within 3/4 mile. MOTION by C cilman Harris to close the Public Hearing on the rezoning request ZOA #71-03 the special use permit request SP #71-03, American Oil Company. Seconded by ouncilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried and the hearing closed at 8:50 P.M. PUBLIC ON LIQUOR LICENSE TO GEORGE KANAVOS WILLIAM A NICKLOW AND .TAMES A. NICKLOW FOR 6161 HIGHWAY #65: Mr. Connie llis said he brought the check with him for'the liquor license and presented i to the Finance Director. The check is in the amount of $2,666.66. He said he d the preliminary plans for the addition to Shorewood and presented them at the ouncil table. This is for an addition to the existing building, and it leaves the off-sale up to the City whether they want to stay, or if they want t discuss the Gibson property, he would be glad to. With either location the would not be getting away from the same general location. MOTION by C Gilman Kelshaw to receive the check signed by William A. Nicklow for the li r license in the amount of $2,666.66. Seconded by Councilman Liebl. Councilman eider asked if the check should be received before the license is granted. The Finance Director said the City insists on the check before processing a application. The City Manager asked whentbelicense is effective. He has hear the date of September 1st, but at this point it did not look like the switch- er would be that soon. Mr. Rallis said they hoped to start breaking gr d before that date, if they can go right ahead. For the lounge SPECIAL PUBLIC HEARING MEETING OF AUGUST 9, 1971 PAGE 8 at 3710 East River Road the application was made in March and since then they have been detained. He could see no reason why they should be held back. -Councilman Liebl asked if they have given the City Engineer everything they were supposed to. They were told by Councilman Harris to work with the City Engineer. He asked if he has brought in the landscaping plans. Mr. R*llis said he had done this, and they are willing to follow the Health Inspector requirements. He felt they had complied with everything the City has required of them, and now the legal department can draw up the final papers. The City Engineer said his department received the complete plans last week, and they should be able to issue a permit by Wednesday. The Health Inspector also checks the plans before the permit is issued. THE VOTE upon the motion to receive the check, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl asked if the bouncil would like to discuss the preliminary plans. Mr. Rallis said the addition would be to the kitchen and would be 17.6' X 50.21 . He added he would be willing to work on the off-sale plans as long as the City wants to. Councilman Harris asked how soon they sould start construction. Mr. Rallis said as mDon as they can get these plans through the City offices. Councilman Harris said'he noticed there were no plumbing or electrical plans. Mr. Rallis said they were still coming. Councilman Harris asked if they would like approval of the preliminary plans. Mr. Rallis said yes, then they will come back with the detailed plans. Councilman Harris said, recognizing these, are preliminary plans, that he can see no objection to the plans as presented. The final plans still have to be submitted to Council, but the Council could take action by approving the preliminary plans, if this would be a help. He suggested perhaps a foundation permit could be issued so they could start work while drawing up the final plans. Councilman Kelshaw pointed out this is not on the Agenda, so a motion is in order. INION by. Councilman Kelshaw to waive notification and place consideration of approval of the preliminary plans for Shorewood on the Agenda. Seconded by Councilman Harris. Upon a.voice vote, all ayes, Mayor Kirkham_ declared the motion carried unanimously. The City Engineer said, as to granting a foundation permit, it is very difficult to approve something, then find that it does not fit. Problems in one area of construction affect other areas. They have been told what they should bring in and if they brought the plans in they could be approved in one week. They should have a plot plan and plans showing landscaping, parking etc. By State law before a permit is issued on an investment over $30,000 there must be final plans. MOTION by Councilman Harris to approve the preliminary plans for the addition to Shorewood at 6161 Highway #65. Seconded by Councilman Kelshaw. The City Attorney said the Council will be meeting August 16th and also the 30th. He did not think it would be too much of a problem to get the plans done and through the City offices before.then so the Council could see them. He said he agreed with the City Engineer about allowing construction to start before the final plans are ready, especially on property still awned by the City. Mr. Rallis can expedite matters by getting the plans into the City, and he did not Memo to Gerald R. Davis Page 3 Re: Ordinances ..Date .November 22, •1971 Ordinance #490 �� - y This was an ordinance for Vacation Request SAV #71-0I, Project St. -�- 1970-3, to 'vacate portions of the T.H. #47 East Service Road for the loop- backs. The second reading was held October 4, 1971 and publication was withheld ponding receipt of deeds. 4-11 Ordinance #491 C-. Z� This ordinance was for ezoning Reeques7ZOA #71-03 by American Oil ' _ _Company tolrezone from R-3 to C-2 in the northeast corner of T.H. #47 and Osborne Road for a Standard Station. The second reading was. October 18, 1971, withjpublication held until the City obtained easements for turning lanes at Osborne Road and Mississippi Street. Another minor reason for not having the second reading until every- thing is completed, other than those I already stated, is that several years ago the law was changed whereby a vacation ordinance could not with- hold anyutility or drainage easements and they had to be done by a separate document. This altered the structure of the ordinance slightly. Recently the law has been changed back to allow for the withholding of easements through the ordinance, so in some cases it would then call for an amended second reading., all of which would not have been necessary if this practice had not been followed for the past three years or so. Respectfully, Juel A. Mercer Secretary to the City Council CC: Virgil, Herrick, City Attorney ORDINANCE NO. 491 IAN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF IFRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DIS}i'RICTS The Council of the City of Fridley do ordain as follows: SECTION 1. (Appendix D of the City Code of Fridley is amended as herein- lafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of (Fridley and described as: (All that part of the Northeast Quarter of the Northwest jQuarter of Section 11, T-30, R-24, that lies East of the centerline of University Avenue and North of the centerline of Osborne Road, as said roads are now laid out and constructed (1960) , IIs hereby designated to be in the Zoned District C-2 (general ( business areas) . SECTION 3. ( That the Zoning Administration is directed to change the lofficial zoning Aaap to show said tract or area to be re- Izoned from Zoned District R-3 (general multiple family idwellings) to C-2 (general business areas) . PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18TH DAY OF OCTOBER, 1971. MAYOR - JACK 0. . KIRKHAM ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: August 9, 1971 "First Reading: August 30, 1971 ,Second Reading: October 18, 1971 ;Publish. . . t . . . _ February 23, 1972