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06/17/1985 - 5178OFFIQAL QTY 4�UNQL AGIIdDA �IJNCIL NEETIl� JtJNE 17, 1985 n z � i��IDLEY CI TY COUNCIL � ' JUN+E 17, 1985 - 7:30 P. M. Following are the "ACTIONS TAREN" by the Administration for your information. •;• • „ � City Council Meeting of June 3, 1985 Correction on Page 20. Vote on variance for 940 Pandora Drive. Barnette voted against the motion. Motion carried by a four to one vote. CITY MANAGER--ACTION TAREN: Corrections made ADOPTION OF AGENDA: ADDITION: Received petition from residents on Meadowmore Drive Request to help alleviate speeding and drug trafficing in area •� , •: „ •: (Consideration of Items not on Agenda - 15 Minutes) No Response : .: � Public Hearing on a Proposed Project and the Issuance of Approximately 54,500,000 Industrial Development Revenue Bonds (Tyson Develognent) . . . . . . . 1 Hearing was opened at 8:41 p. m. Closed at 8: 42 p. m. CENTRAL SERVICE--NO ACTION NEEDID: Resolution for prel iminary approval adopted--See Iter,i No. 10 + Council Meeting, June 1�, 1985 � � � � Page 2 Consideration of Second Reading of an Ordinance Recodifying the Fridley City Code by Ar,iending Chapter 124 Entitled "Noise", Section 124.07 . . . . . . . . 2 Adopted Ordinance 0834 on Second Reading CITY MANAGER--ACTION TAREN: Published in Fridley Focus Consideration of Second Reading of ar. Ordinance Recodifying the Fridley City Code by Amending Chapter 14 Entitled "Peddlers", Section 14.09. . . . . . . . 3 Adopted Ordinance i835 on Second Reading CITY MANAGER--ACTION TAREN: Published in Fridley Focus Conside�atior. of Second Reading of an Ordinance Recodifying the Fridley City Code by Ar�ending Chapter 16 Entitled "Street Vending", Section 16.05. .... 4 Adopted Ordinance �836 on Second Reading �ITY MANAGER--ACTION TAREN: Published in Fridley Focus t Council Meeting, June 17, 1985 Page 3 • . , .� � -. Consideration of Second Reading of an Ordinance Recodifying the Fridley Code by Amending Chapter 214 Entitled "Signs", Sections 214.02, 214.06, 214.14, 214.17 and 214.21 . . . . . . . . . . . . . . . . Adopted Ordinance #837 on Second Reading �ITY MANAGER--ACTION TAREN: Published in Fridley Focus Consideration of Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Chapter 113 Entitled "Refuse Disposal" by Renaming it "Solid Waste Disposal and Recycling Collection" by Adding Sections 113.08 and 113.10 and by Amending Sections 113.01, 113.02, 113.04, 113.05, 113.06, 113.07, 113.09, 113.11, 113.12, and 113.13 . . . . . . . . . . . Adopted Ordinance �838 on Second Reading �?TY I�LANAGER--ACTION TAREN: Published in Fridley Focus . . 5 - 5 A . Consideration of Approval of Final Plat, P. S. �85-01, Landmark Addition, by Robert McAdam . . . . . . . . . . . . . Approved with stipulations t�otion carried by a four to one vote PUBLIC WORRS--ACTION TAREN: Applicant imformed of approval with stipulations 6 - 6 G 7 - 7 F � Council Meeting, June 17, 1985 Page 4 � • • � ► Consideration of Setting a Public Hearing for the July 15, 1985 Council Meetinca on the Matter of a Request for Vacation of Streets and Alleys, SAV #85-04, Heartland Corporation . . . . . . . . . . . . . . . . . Set hearing for July 15, 1985 pUBLIC WORRS--ACTION TAREN: Arrangements made for Public Hearing July 15, 1985 . . Consideration of Renewing the Lease Agreement Between the City and School District No. 14 for the Leasing of the "A" Frame (North Innsbruck Park, Arthur St. ) . . . . . . . . . . . . . . . . . . . . . . . . . Approved renewing of lease CENTRAL SERVICE--ACTION TAREN: Executed lease and forwarded to appropriate parties Considering a Resolution Giving Preliminary Approval to a Project Under the Minnesota r;unicipal Industrial Development Act, Referring the Proposal to the Minnesota Department of Energy and Econo�r,ic Development for Approval and Authorizing Preparation of Necessary Documents (Tyson Development) . . . . . . . . . . . . . . . . Resolution #56-1985 adopted CENTRAL SERVICE--ACTION TAREN: Informed applicant of Council prel iminary approval of proj ect � . . . . L 9 - 9 F 10 - 10 B F Council Meeting, June 17, 1985 ► �I. � • � � -. Page 5 Consideration of a Resolution Confirming Appointments to the City of Fridley Commissions foz the Year 1985 .... 11 - 11 F Resol ution #57-1985 adopted CITY MANAGER--ACTION TAREN: Forwarded copies of resolution to comnission members Receiving Bids and Consideration of Awarding Contract for 1985 Mississippi Street Lighting Proj ect (Bids Opened May 21, 1985, 11:00 A. M. )....... 12 - 12 A Received and awarded to Rillmer Elect. in the amount of $42,880 PUBLIC WORRS--ACTION TAREN: Bidders inf ormed of Council action Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Appr ov e d CENTRAL SERVISE--ACTION TAREN: Paid claims Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . 14 - 14 C Appr ov ed CENTRAL SERVICE--ACTION TAREN: Issued licenses Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15 B Appr ov ed CENTBA.L SERVICE--ACTION TAREN: Paid estimates Y Council Meeting June 17, • 1985 e Receiving petition from residents on Meadowmore Drive. ... Council received petition #11-85 from residents on Meadowmore Dr ive. PQLICE--ACTION TAREN� 6-19-85 action underway ADJOURN• 8:30 p.m. Page 6 COUNCIL MEETING. JUNE 17. 1985 � / : � Pa�E 2 CONSIDERATION OF SECOND READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 124 ENTITLEO ��NOISE". SECTION 124.07 . . . . . . . . 2 CONSIDERATION OF SECOND READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING . CHAPTER 14 ENT I TLED '�PEDDLERS��. SECT I ON 14.09. .....,. 3 h CONSIDERATION OF SECOND READING OF AN ORQINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 16 ENTITLED ��STREET VENDiNG'�. SECTION 16.05. .... 4 �. COUNCIL MEETING. �UNE 17. 1985 � 1 : ► •► ► � PAGE 3 CONSIDERATION OF SECOND READING OF AN ORDINANCE , RECODiFYiNG THE FRIDLEY CODE BY AMENDING CHAPTER 214 ENTITLED ��SIGNS��. SECTIONS 214.02. 214.06. 214.14.214.17 AtvD214.21 . . . . . . . . . . . . . . . . . . 5-5A CONSIDERATION OF SECOND READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 113 ENTITLED "REFUSE DISPOSAL" BY RENAMING ' , IT "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION" BY ADDING SECTIOtJS 113.08 AND 113.10 ANQ BY AMENCING SECTIONS 113.01, 113.02, 113.04, 113.05, 113.06, 113.07, �, 113.09, 113.11, 113.12, ArvD 113.13 . . . . . . . . . . . . . 6-6C CONSIDERATION OF APPR4VAL OF FINAL PLAT, P.S.#85-01. LANDMARK ADDfTION, BY ROBERT I�ICADAM . . . . . . . . . . . . . 7 - 7 F } COUNCIL MEETING, �UNE 17. 1985 1 . : ��1�►� PAGE 4 CONSIDERATION OF SETTING A PUBLIC HEARING FOR THE JULY 1, 1985 COUNCIL MEETING ON THE MATTER OF A RE�UEST FOR VACATION OF STREETS ANO ALLEYS. SAV �85-04. HEARTLAND CORPORAT I ON . . . . . . . . . . . . . . . . . . . . 8 CONSIDERATION OF RENEWIh'G THE LEASE AGREEMENT BETWEEN THE CITY APJD SCHOOL DISTkICT N0. 14 FOR THE LEASING OF THE "A'� FRAME (NORTH INNSBRUCK PARK. ARTHUR ST . ) . . . . . . . . . . . . . . . . . . . . . . . . . : 9 - 9 F CONSIDERIhG A RESOLUTION GIVING PRELih'INA�Y APPROVAL TO A PROJECT UNDER THE ��iINNESOTA P�IUNICIPAL INDUSTRfAL DEVELOPMENT ACT. REFERRIf�'G THE PRCPOSAL TO THE h11NNESOTA DEPAkTMEt�T OF ENERGY AND ECONOMIC DEVELOPh1ENT FOR APPROVAL ANG AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS i TYSON DEVELOPh1Ei�T ) . . . . . . . . . . . . . . . . . . . . . 10 - 1L B COUNCIL MEETING. �UNE 17. 1985 ► . : 1 •► ► � PAGE 5 CONSIDERATION OF A RESOLUTION CONFIRMING APPOINTMENTS TO THE CITY OF FRIDLEY COMh11SSI0NS FOR THE YEAR 1985 .... 11 - 11 F RECEIVING BIDS At�D CO�JSIDERATION OF AWARDlNG CONTRACT FOR 1985 MISSISSIPPI STREET LIGHTING PROJECT (B�DS OPEhED MAY 21. 1985, 11:00 A.M.) ....... 12 - 12 A � CLAi MS . . . . . . . . . . . . . . . . . . . . . . . . . . . �3 L I CENSES . . . . . . . . . . . . . . . . . . . . . . . . . . 14 - 14 C EST I MATES . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15 B I_�111I�Ii1: ► THE P'INUTES OF THE FRIDLEY CITY COUNCIL ��EETING OF JUP�E 3, 1985 ►. v���l /Yi�. • KI ; �C, I : : v� i/Y��. • " �:) �I: �� 7f MYV •� 1 �. � � �l��i�l��I: - - Zhe Rec�ular meeting of the Fric�ey aty O�incil was aalled to order at 7:38 p. m. by Mayor Nee. R.FZ'Y';R [1F �T,T.f1^,TAN('F� t�yor Nee led the O��ncil and audiezoe in the Pledge of Allegiance to the Fl ag. EDIL CALL• NENBERS FRFSII�]T: Mayor Nee, Q��ncilman Gooc�speed. O��ncilman FYtzFatrick, Cb�c:ilman Schryeic3er and �u�cilman Baz r�ette I�NBfftS FBSIIVT: Nore �PrFa71TAL OF MI �1UTFS • Q�LyQL. I�+I�F'I' NG, I�Y 20,�98? s IrD'TION b� Cb�cilrran Barrette to apprwe the min�tes as presented. Semnded by O�u�cilnan Goodspeed. Upon a voice vote, all voting aye, [dayor Nee decl ar ed the moti an car r i ed �nanirr:ously . �DQPrION OF AGII� • t�. Qureshi stated a request has been reaeived for a food licei►se fron the 49er's and asked that this be added to the agenda. NDTION by Gouncilman Fitzpatrick to adopt the agenda with the above addition. Semnaed b� Cb�cilman Scfir�eider. UFon a voioe vote, all voting ay e, I�yor Nee de c1 ar ed the moti on car r i ed �rLanimously . �1PF:I�] fbRUNL. VZSIZnRS • Se�ator FYank stated the Lec�slature will be cping into special session as many pro�lans have mt been solved. He stated there are over 100 issues le�t to be resolved. He stated he hoF.ed to ax,�e reck to the Cb�cil in the next seve�al weeks to �ve a more detailed ze�,ort aE what was accomFl ished at the Legislature this year. I�yor Nee thanked Senator Frank for the good work he has cione this Fast eession of tt�e Lecc�slature. [�'�. Ftancis Van Dan, 6342 Baker Street, stated he would like to ir�quire as to t�ow app�intm�ts are being made to the citizens advisory comnissions. Mayor Nee stated appointments, as a matter of courtesy, have been distributed on a ward hasis and beyond that it is a matter a� gettin: three affirmative votes of �e O��cil. Nbr. Van Dan stated this may be a slightly sick situation because if one �� �� ��,,Mr ���+�Mi�. • tt+� O�Lncil menber cbesn't like a Farticular person, he would not be appointed becac�se ar�other Cbuici.l menber won't get ir�to another one's territory. He stated he was currentl.y serving on the Charter Ooamission and appointments to this QorRnission are b,� judicial appointment. Mr. Van Dan stated because of his ir�ierest and qualificatio�s, several staff m�mber s, as w ell as menber s of the Hunan Res�ur oes �mi ssi on, pr opo se d he apply for appoir,�ient to this Commission and his appointment did not go throuc�. He stated, as for his qualifications, there is rio cbubt he was the best candidate for the three vacancies and even if these had been filled, the Q��mcil had the authority to enlarge the Oamiission to a000mnodate him. Mr. Van Dan then reviewed his qualifications and stated he felt he was the best candidate. Mr. Van Dan stated Cb�cilman Sd�r�eider, in whose precinct he resides, did not rnminate him. He skated he tal.ked to do�mcilman Schneider the eveninq before this appointment came up and was told he was not going to be naninated for appoir�tment because he did not nominate Susan Jackson for Chairman of the Charter Oo�m�ission. O�i.mci.lman Sc�►ryeider stated there are a nunber af very imp�rtant issues and just to set the rea�rd straic�t, I�. Van Dan mis-stated several facts. He stated he clich't reoeive support of �e Hunan Resouroes O�nmission, in fact, some of those manbers asked that Mr. Van Dan not be appointed to the �nission. Mr. Van Dan stated if you a�nsider the welfare af the City and willinqness of a qualified person to work in that capacity, he felt it was an irresponsi4le attitude that he wasn't appointed. ' HTRT.T(` HF'ARTT7ClS; . • yl 1: �I_ e� +. � 1 i:. i i i 1 e. t�� V e� t : � 1 •+ ��� _� �._: �: u NDTION b� O��mcilman Goodspeed to waive the reading of the public hearing notioe and open the puW.ic hearing. Sewnded b� O�uncilman Schr�eider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the publ ic hearing opened at 7: 55 p. m. 1Hr. F7.ora, Puhlic Works Director, stated this glat oonsists of 3.61 acres north of Osborne Raac�, stretdzing all the way to 77th Avenue, east of the railroad tracks, anc3 west � Main Street. He stated the property would be used for construction of 42,300 square feet of storage space for mini-storage facilities. Mr. Flora stated the two structures wi11 each be 705 feet long, se�arated with fire walls, with two-way traffic throuo,h the entire complex. Mr. Flora stated there also would be a small offioe/residential facility on the property for a live-in caretaker and the entire area would be fenoed. Mr. Flora stated the Planninq Comnission rev�nanended approval of this plat with a total of nine stipulations, which he outlir�ed for the �imcil. -2- �� )� M� „��alY��. • 1� �� O��cilman Barrette asked if t'tiere was room for fire trucks to get into this facility. i�. Flora stated there is sufficient space for fire fighting equignent. He alsn p�inted out ro flanmat�le naterials would be stored in these spaaes and the t�uilchngs would be mas�nry rock fave block. i�. Ray Warmbl ey, t'tie real estate per son irrvolved in the saI e of th i s property, stated Mr. McAd�;i wanted to build this mini-storage � this long par oel was spl it 1 eav ing 1 and to the ea st that oo ul d devel op. I�Er. Qureshi, C1ty Manager, questioned if the paroel tfiat was left would be a�ndu civ e to good inc�str i al dev el ognent. I�r . McAdam f el t th i s pl at woul d enhanoe t3�e rest af the proF.erty because it would l�ve a snaller parcel whi ci� woul d be earier to sell . I�+�yor Nee asked haa staff feels recprding futuse developnent ai the Fxo�erty that would be leit. I�. Flora stated theze would be wer five acres which o��1d be split and provide twe mrner lot paroels. NOr. Warmbley statec he felt the �roel re^a.ining would be very developa�le as you have streets on three sdes of the Fro�erty. (b�cilnan Goodspeed asked Mr. McAd� if he has ever o�,erated this type of busiress and what percentage of storage space would be useci by Friclle�� residents. 1�. McAdarn stated he has never operated this type of business, but has been attending saninars and has had an interest over the 1'ast five years. He stated �ercial u�ers in tiie area wo�ld prot�ataly take 50-60ic of the spaoe and the balar,ce wo�:1d be used by residents for their storac;E nee�. He stated there is a 3efir.ite r�eed for this type of facility. No other pers�ns in the audienoe spoke regarding this pcoposed plat. NDTION b�� O��ci��'an Barnette to close the public hearing. Seoonded by m Lmcil man Sd�uyei der . Upon a voi oe vote, all voti ng ay e, r�yor Nee c3e c1 ar ed the motion carried �aianimously and the pu4lic hearing closed at 8:15 p.m. : : . : ' ��. ��� M: L• �.� • ; �. 1 ; ; � � �+: �� t� � 1� ► �� . }�1�/ . Mr : /a t � NDTION b� Cb�ncilman Goodspeed to waive the reading of the publ ic hearir.g notic�e and open the puhlic hearir.g. Seoonded by Councilman Fitz�atrick. Upon a voiae vote, all voting aye, I�Sayor Nee declared the motion carried unanimo�sly and the publ ic hearing opered at 8:15 p. m. !�. Irman, City Clerk, stated this is a request for the issuance of ar. orr-sale beer lioense at 7928 University Av�ue. He stated Northern Lic�hts, Inc. has made application for this lioense, in orc3er t,fl dispense beer in a lauzdrar�at, and th� alsn prwic3e t�i9 screen video television. Mr. Inman stated they have similar operations in Ames, Iawa and Madison, Wisoonsin. He further stated the backgro�d investigation has been �mgleted by thE Pol ice Department and the Publ ic Saf ety Di rector ar,d staff reooruaends a�.praval . m�ncil�ran Barnette asked if this oan�ny, Northern Lic�ts, was the sar:,e one -3- ��. �� �� �� ��r,. • �i�,i whic� operated in Fric�ey across the street fran the City Aall. Mr. Irunan stated it is not, as that was a Ntinnesota operation, and this axnFany is out af Iaaa. Mr. N�rk Shive, �art awner of Northern Lights, stated they have similar operations in other states and, basically, wish to dispense beer at a la�.nc�anat. He stated there would be an attendant on duty. Cfluncilman Barnette asked if they had a�rohlen with minors going there to drink. Mr. Shive stated they have not found this to be a prohlan at their other operations. O��cilman Gooc�speed stated he dic�'t feel they would have much of a Froblen as he felt it woulch't be a plaoe where teenagers would want to 90• NDTION b� O��cilman Fitzpatrick to close the public hearing. Seoonded by O��mcilman Barnette. Upon a voioe vote, all voting aye, l�yor Nee declared the motion carried unanimousl.y an4 the pu4l.ic hearing closed at 8:18 p.m. OLD BUSINFSS• 3. i�TSC7I.S.STnN _ F7",ART�TNC; BL?� B.T. ICE C�2FAM SAI,ES: Mr. Flora, Puhlic Works Director, stated Blue Bell Ice Cream Company has requested the City anend the rnise ordinanoe to allaw then t�o operate a bell on their ice cream vending truck. He stated the Community Develognent O�nission heard this request and did reoom�nend the �uncil anend the noi se ordinanoe to allaw this request. Mr. Flora stated this iten was before the douncil at the last meeting and it was detetmined there should be an ir�ormal hearing to reoeive any input fran residents on whether or rx�t this ordinance should be amended. He stated this notioe was published in the r�ews�per and riotioes sent to some of the businesses so th� are �aare the Qotulcil is o�nsidering an amench�ent. Mayor Nee stated the proposal here is to aanend the rnise ordinanoe in order to pe�nit Blue Bell Ioe Cream O�mpany to operate a bell in order to signal their �esenoe in the area. Mr. Qureshi stated if the Q��cil desires to a¢nend the ordinanc�e, copies of the proposed amendments are included in the agenda gacket and a first reading oould be held this evening. s`f1NSTnF.RATTnN OF FIRST ING OF AN ORDINANCE AMENDING THE FRTDL•EY [�1NTGTpA_T_. CODE RELATID TO NOISE: AMENDING SEGTTON � 24 07 4• ADDI SECTION 124 .07 .5 "EXCEPTION FUR_ FOODf BEV�RAGE VEHI(ZES" . I�DTION tr� O�uncilman Fitz�atrick to waive the first reading and approve the ordinanoe �on first reading. Seoonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried t�animously . -4- •� i� M� „� �1y��. • - j1 �i rONSTD�RATION OF FIRST READING OF AN nRT1TNAN(`F. AMENDING THE FRTDt EY ML1►�CTPAT, CODE RFr�ATID T� PIDDL�RS• AMELIDIri(� SE(.TION 14 09 • An�TNC SECTION 4 09 2"EXCEPTION FOR FOOD1BEVERAGE VII�3 Z Q�FS" • l�DTION b� Cbulcilman Sd�reider to waive the first reading and approve the ordinanoe u�pc�n first reading. Seoonded by Gouncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CO2vSID�RATTON OF FIRST READING QF �I nR1�TNAN('F AM_F.NDING THE rkIDLEY MLn:ICIPAL CODE RFI�ATE,� TO STRFF.T VENDING • AMENDIrl� �r�mTn� ?�_n5_d. nnnTtvG SECTION 16_-n5_S_ ".XCEPTION_FOR FOOII�B E Vgil(7�S" . NDTIOid by Cb�cilman S�neider to waive the first readin9 and apprwe the ordinanoe upon first reading. Sec�nded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. t�. Herrick, C1ty Attorrey, asked if there was ary pcoblen for Blue Bell to begn their operation sinc�e the hearing and f irst reading have been held. NDTION b� m�cilman Barnette that food and beverage v�icles may sound the manually o�erated bell between the hours of 10 : 00 a. m. and 4: 30 p. m. , and 6: 00 p. m. to 8: 00 p. m. , in ary ar ea z oned coruner ci al or i noust r i al, and only between the hour s of 1: 00 p. m. and 4: 30 p. m. and 6: 30 p. m. to 8: 00 p.m. in ariy area zoned residential or other than �r,unercial or industrial which Froduoes a rx�ise level measured at a distance of 50 feet fron the souroe ro c�eater than 65 decibels. Seoonded by Councilman Fitz�atrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried �u�anur.ously . ��,� /� �I:: � �.► • : �• 1 �I i� : '1' �. : ' �I; y1 `J• 1 N : .�.. : . � � DI / � ���\i : • - : y ' v� � : y � � : \ � � : �� \rr �l� ♦ � � � �� Y. �iY: �I � : A�: . : � '� � �� 1 NHyor Nee stated action on this iten had been tabled from the previous meetings and asked that testimony sutrnitted this evening be 1 imited to ar�y r�w developne�ts whici� the O�uzczl had not hear.d at the oth�r meetings. Nbrs. JoseFh Vasecka, 5427 4th Street, stated the question had been askeo haw mar2y cfiildren wese in their reic�borhood and stated they have well a�er 250. She stated there are also residents in this area who have resided here 30 and 40 �years. IrEr. Rici�ard Byers, 5300 5th Street, stated Article 12 of the Minnesota Cbnstitution and Article 9 of the U. S. (bnstitution prwides rights to people and no laas can be passed to abridge these rights. He stated the peopl e in thei r rei cj�borhood are j�st aski ng f or thei r ric�ts and Conm un i ty Options are the ones asking far special privileges. He stated the Council should represent the peopl e and what they want and f el t it was a cl ear manc�te to the O��ncil to c3eny this request for a special use pern'�it. -5- �� I��M� �I�i�lU1�, • j11�1 • : I�+�. Wayne Johnson, 5400 5th Street, stated he visited two existing facilities, one on 69th Avenue in Brooklyn Oeriter and one on 12th Avenue in Minneapolis, who are under the Rule 36 program. He stated he talked to property aaryers adjaoent to these facalities and the i�ormation he rec�eived is there has been as many as 12 cars parked at the fac,ility. He stated at both plaoes the cgass was torn � and a neighbor had taken a loss on his hane when he gold it. 1�. Jotinson stated a resident in the area of the 12th Av�ue facility stated they have p�lice ambulances arriving at this facility at different times in the night. He stated he didn't think the location of these facil iti tes oompares to the propo sed f acil ity on 5 th Street, as these zoning areas are rr>t similar to their residential area. Ms. Terri Buckeridge, 6365 5th Street, stated she was at the meeting on bPhalf of her mother, l�s. l�hrge Otten, 5311 4th Street, who was �able to attend. NLs. Buckeridge again revisaed the �ments made by her mother at the Qo�►cil meeting on May 20, 1985. Ms. Michelle Kurak, 112 F�norana Avenue, stated Catm�nity Options had stated there woulc�'t be pers�ns in this Rule 36 facility who would be dangerous, viol�t or c�enic�lly dependent. She stated, �mder the law, they cannot discrimir►�te and will ac�►it clients with dzenic�l dependency, if they pose no scyzif icant threat. Ms. Kurak stated Conm�ity Options stated their cli�ts would be living at thi s Rul e 36 facil ity in order to make the transition to 1 iv i ng i ndependently . She stated thi s i s a def ini ti on of a half-way h�use. Ms. Kurak stated C�mnuni ty Opti ons indi cated pri ori ty woul d- be giv en to Ano ka �tmty residents, but oth er s w ho do not 1 iv e i n th e Co unty may be adnitted. She read a def inition of mFntal disease and stated a per son such af'flicted requires care for his awn welfare or the weZfare o� the o�rimi.a�ity. Ms. Vicky Otis, 5378 5th Street, stated the guestion has been raised haw mariy pers�ns live in the building whid� is being proposed to beoome a Rule 36 facility. 5he stated there are 10 people living in this building. O��mcilman Schneic3er asked if persons with oertain types of inental illness o�uld be excluded fran this facility. NLs. Renae Hanson, O�mmunity Options, stated they are deciders of their ac�nission polic.y and there is nothing that can force th�n to take peogle whan the� cb r�ot wish to ac�iit. She stated the type c� people they adnit is stipulated in their lioense and thEy must meet these requirenents in order to keep their liaense. O�uicilman Fitzpatrick asked if a referral was made to then frcm the County Welfare De�artment, if the� oould reject that referral. Ms. Hanson stated def ini tely . O��cilman Shcneicier stated he would agree with the philosophy that this mental health facility should be r� by a private organization, but his ooncern is if thc� cb rnt make a Fxofit if they would be tempted to alter -6- �� )►► � v���Y4. • U .� their stanci3rds. Nls. Aanson stated ger�erally speaking they wouldn't have such an option because it would increase their liability or risk the loss of their lioense. She stated it would be more likely they would g� back to the Cb�nty and reclassify their reecis assessn�t. Mr. Fmy LaFave, 5375 Sth Street, stated there is a State oommitir.ent act whicfi ir�dicates they cannot �scriminate against anyone that seeks help. Ms. Wric�t, Q.�nminity Options, st.ated there is a o�mmitment act to vommit people with m�tal illress that aze a�nsidered dangerous to State Hospitals but a j udge car.not �nit a cl ient to the.i r faci2 ity. I�Ls. Hanson stated their faczlity w�ould rot oome �der this o�r�nitment law and they can ref use to take peopl e they d� rnt wish to a�nit. O��ncil�ran Sd�r�eider stated the builchng they are �o�sing to purchase is owned b� a relative af a Gounty �manissioner and while there �r,ay not be anything wrong with tt�at, it mic�t indicate a o�n€li� of ir.tecest. He felt because ti�ey are rot willing to state the purct�ase prioe c� the builc�ng, it p�ts a cloud over their intec�rity. NLs. Hanson stated, at the last O��ncil meeting, there was some insinuation that s��r�ething was g�ing on. She stated they contacted the O�mmissioner frcm whose rie�a.l they have a purcfiase agreenent fot �e building,, and was told he has^,'t �ker. with his nephew for several years. She stated tney di d not imaw ar:y thi n5 of thi s bef or e th e 1 ast meeti ng. m�mcilrran Sdzneider asked if they raould c�ve the purchase price for this building. Nis. Wric�t stated she would prefer rr�t to give the prioe, at this p�ir�t, sinoe it i� just a purct►ase agreenent. She stated at the time of sale, the purd�ase priae becor�es p,�61ic reoord. O��cilman Schneider stated the relevance this has to the issue is the inte�ity of �Eir organization. He stated the a�earanoe c� i�r,proKiety is heic�tened because they are rnt willing to ciisctose the �urd�ase pciae. i�. Gene wric�t stated they worked throuc� an agent to purchase this property and if there is anything �der �e tatzle, it is not to their knowledge. He stated he felt it was �mfair to categorizE them as a related party transaction. m�ncilrran FZtrpatrick asked if this property was on the o�en market. l�Ls. Wric,�t stated, to the best o� her laiowledge, it was not. r�yor Nee stated the question seems to oome down to who �is for treatir.g m�tally ill people and wh� is scared of tr�en. He stated this really is rbt the issue. He stated the issue is the appropriate use of the land. Mayor Nee stated a letter was received fron Corunissioner Rordiak in which he stated this was a had location for this faczlity and off�ed to help find an app�ropriate locc�tion. He asked if this offer was accepted. I�ls. iianson stated she called Comuissia�er Rnrdiak arid asked if they shoul d meet to talk ab��'t req�reaents for a site and thpy were told he chch't want to talk to then tntil the Qty had made a decison and he was not involved in the issue. 5he stated her feeling was he rescinaed his offe� beca�:se he di�'t warlt to meet with her. -7- �� 1� . �� �Mr�. • � �,i • � Mayor Nee stated stai`f was asked to make a survey of Fridley where criteria v�uld be met and where there would be acceptance of such a facility. He stated staff did ideritify a ntmber af locations where they felt it would be more appro�iate. Mr. Qureshi, (�ty Ngnager, stated he talked to Renae Hanson and discussed the possibility of looking at other sites in the oami�mi.ty. Basically, the O�uzty sets the c�iteria for such a facility and the site has to be in a resic3ential area, have transportation availahle, and should be operational as s�on as possi4le. He stated he asked if the� w�uld be willing to look at other sites that may be acoeptahle. He stated Ms. Hanson indicated not at this time because they already have a purdzase agre�enerit �ritingent on then obtaining the special use permit. He stated their aontract with the Cbunty was that the facility was to become operational as soon as possible and another site would take a much longer �rooess. He stated Ms. Hanson felt at this time it woulc3r►'t be practical to revisa any other sites because o� this situation. I�yor Nee stated this Q�uncil is not opposed to the �roposal and has identifiec3 locations where it may be accepta4le. He stated the issue is really the land use. He stated he takes the mriflict with the �ighborhood vexy seriously. He felt there are other locations in the City which would be more appropriate and hoped if the spec�al use permit is denied, they may help then find another site. . O�tmcilman Sc�neider stated he fully supports the need for this type of fac�lity. He stated the problen he has is most people are willing to nec.ptiate, discuss, and oome to a�mpranise. He stated nothing is being done to o�rrect the appearanoe o� imlxoprieties. He also stat�d they were told nothing o�uld be d�ne to aompensate the people who would have to move fran this building and Co�n�aiity Option is also �nwilling to discuss other p�ssi4le locations. He stated in almost every instance, the petitioners c.annot agree. Ms. Wric�t stated on the �ntrary, th� feel th�y have been very open. She stated they accepted the Planning Commission's remmmendations and cbes not feel they oonducted thenselves in an improper manner wi�h the seller o�E this property. She stated they have a legal and binding purchase agreenent and the� are r�t free to explore other sites. Mr. Byers stated it is strictly a matter c� wnstitutional rights and does the O��cil cp.ve then to a fea or to the people they represent. Mr. Andy Haechrel, 5367 5th Street, asked Ms. Wright if she owns the property where the Brooklyn Ceriter facility is located. Ms. Wright stated she was the aaner. Mr. Haechrel stated this is a very hard issue for him, hawever, he has c3ecided to take a stand in his own best interests. He stated he didn't believe a"no" vote means a pers�n is opp�sed to the mentally ill issue. He stated he would urge the Council to vote their oonscience and what the aoRUn�ity wishes ther. to c7�. O�tmcilman Fitz�atrick stated he believed what Mayor Nee has stated, that the question is really a matter of land use. m �� 1�.M v� ?lY��. • ' � ��i ND'TICN b� FYtzpatrick to receive the petition presented by Kathy Prieve urging the appra�al o� this special use permit. Seo�nde�i by Schneider. Upon a voic�e vote, all voting aye, Mayor Nee declared the motion carried �arwr.ously. i�D'TIoN b� Cb�cilrran FZtzpatrick to deny special �e permit, SP #85-01, for the follvwing reasons: (1) This is a business with a dozen or more enptvyees in a totally residerrtial area; (2) It would be inoompatible with eeveral existing lioenses of day care centers in close proximity to the proposed site; (3) That the imnediate r�ei�t�orhood has been ar ea�nomically margiral r�eic�borhood that reec3ed red�e�velopnent. In reaent years, awriers of property within the reighbozhood have started making improvenents. �e location of the proposed facility will have an adverse affect on the continued irr,Fcavenents needed in the neighborhood; (4) That the proposed f acil ity woul d hav e an adv er se af f ect on proper ty val ues beca use both lanc�ords and tenants indicated that if the facility is located on the FXO�.osed site, �at many af the tenants in the multi-zesidential properties would nc> longer rent these properties; (5) That the location of the Fzo�sed f acil ity on the s te Woul d have an ad� er se af f ec� on the heal th and saf ety of the fac-ility residents because of the very substantial neight,orhood opposition to its location. 'II�e recard contains petitions and testimony indicating that a substantial majority of the neighborhood residents are opp�sed to the facility being located on this site. �is o�position creates an atmos�ere that is not �nd�cive to the health and safety of the facility resicients. Sea�naed b� ��ncil�ran Barrette. O��ncilrran Goodspeed stated he represents the First Ward and may have a �1ic�tly different pers-pective snF.ly beca�:se it might be easier to talk about when it is�'t cping to be in your aan backyard. He staten he wo�ld di:�c�ee with the r�otion. He chdn't think it is �nusual to put facilities of this nature in residential rieic�borhoods. He stated there are similar ones in the C�ty all located in the First Ward, such as Unity Hospital, Fridl� O�nvalescent Home, the o�unseling clir.ic on University and the dentral Dental Lab. Q��ncil�ran Barnette stated this question has been the most difficult one for him and he has heard fran peogle an both sides of the issue. He stated he works in the same field as the people from O�mmunity Options and many fanilies that called hir.� have menbers of their faanily who are probably ir. need of such a facility. He stated others have called him and urged hin� to aer�• this request. He stated he personally feEls he is at the very grass roots of the p�litical prooess and fepls he has to respona to n�any of thE peopl e Fcesent. He stated the muicil represents all FeoF1 � but mostly tr,E people who have elected then. He stated he Eeels strongly on this issue and would vote in favor c� the motion for cienial. He stated as a O.ty, Fridley is not going to turn its 4ack on any mentally ill person. He stated alternative stes have been ideritified, but c�c�'t lviow what it mear.t to the peti ti oner. � m�ncil�ran Schryeider stated this has been the haroest question to decide sinoe he has t�een on the m�cil. He stated he believed it would be better to apprwe the speczal use permit with a n�anber of stipulations, sone of _� r� 11� MI �I�1�/�1�. • 11.+1 ': whid� tize Gomm�mity Options people do not agree with. He felt certain stipulatic�ns would protect the nei�nborhood and provide a fac:ility that was very much r�eeded. l�yor Nee stated he iritends to vote in favor c� the motion. Ae stated every time a menber o� the O��mcil votes, they help somebody and harm s�mebody, and that is almost without exception. He stated you try to weigh the relative good and the relative harm. He stated there never is a question where there isn't a"gray" area. He stated he is oonvinced this kinc� of intensive use at this �articular location would have a serious im�ct on the nei c�borhood and create damage. He stated i t i s a r�ei c�b�rhood th e Co un cil has been interested in wer the last several years in trying to stimulate leadership and activity, and it appears this facility would come into oonflict with the program they have been supporting to improve the neighborhood. UPCN A RC%� (�I,L V(yI'E, Barnette voted in favor Gooc�speed voted against by a 3 to 2 vote. Mayor Nee, Oouncilman Fitzpatrick and Councilman c� the motion. O��cilman Schr�eider and Councilman the motion. N�yor Nee declared the motion carried ��� ��;: �� • '�. '�+�u�4 ' � k� :: � �� � : �� . : 1�M\/ _ � M� : /?��l ! � �.� � � M; � : G �1 4,t a;,«. �� 1 ��cilman Barnette stated meetings were held with the Woodcrest Baptist Church and residerits of the r�eic�borhood regarding the Church's proposed addition and its location on their property. He stated because of the sanitary sewer pipe, this addition cannot be oonstructed, as Froposed, when the special use permit was issued. He stated at these meeti ngs a nunber c� al ternativ es wer e expl or ed and thEy hav e oome up with a worka4le acgeenent between the dzurc3� and the r�eic�borhood. NDTIC�I b� O��cilman Barryette to reapprave special use permit, SP #84-07 with �e fallaaing stipulations: (1) 'Y'hat the location of the addition is to be 40 feet fran the lot lir�e to the southeast a�rner aE the building; (2j That the building be laaered four feet frcm the original prop�sed elevation; (3) Any li�ting installed on the t�ack of the building should not inf ringe on the r�eic�bor's property lirye; (4) The cgeen area behind the building on the east s-ide should be maintained with appropriate landscaping; (5� A landscaping glan should be sulinitted and approved by the City staff ;(6) Appropriate exterior wall finishing should be appraved tyy the City staff ; (7) That the landscaping and exterior walls be coordinated with the adj oi ni ng pr oper ty aaner s; ( 8) 1"hat the roof ing be smil ar to the sanct ua ry ; and (9) That a utility eas�nent, to be determir�d b,� the City, be provided far the sanitazy sewer line currently located on the ixoperty. Secanded by O�t,alcilman Goodspeed. Q�uncilman Barnette statea he appreciated the neighbor's and church' s 000perati on. Mr. RpdaL�u�, representing the d�urdz, thanked the neighbors for working -10- �� 1� M „���IY��. • l� �� j:��� Wl�'1 �lAi1 a[1 �115 5'1t13atlOR. UP(N A VOI� VOI'�, all vating aye, Mayor hee declared the motion carried �animously. • ;�� �� : �.M � � �� /: : �� �/ � : : � : : ��� � r v ►� .l: . ��11N.� `JY: �# � ::►� � � d 1.4� l�DTIiON by Cbuicil�ran Gooclpe�ed to waive the sea�nd reading of Ordinance No. 833 and acbpt it on the se�nd reading, and puhlish. Seaanc3ed b� �i�cilman S�rei3er. Up�n a voioe vote, all voting aye, 1►9yor Nee declared the motion carried uzanimously. � �. 41 •�;� � 71; ; � � • il : �I : : � ►. • : � � : � �': �.r : •�.� �► ►. Y. �: � �� � : VNI �� �. «.: JY : • ]�� � �1� !t� I3�TION by C�uncilnan Schneider to waive the reading and a�•prove the ordinanoe u�n first reading. Sea�nded b� Q��,cilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �animously . 8. OQvSIDFRA.T'IGri OF F�S?' RFn�ING OF AN ORn NA�?GF RFY7�ZFYING TNE FRIDLEY CODE BY A�PTIiw A I�u: C�'LA��R ZOB FNTI "SATELLITE DISH A�TE�R�r;�nATIOI�S": 1�DTION by �uncilr�,an Fitzpatrick to refer this proposed ordinance to reF,resentatives of businesses ir. this field for their axnnent. �Seoonded by ��cilr,an S�neider. Up�n a voic�e vote, all voting aye, I�yor hee declared the motion carried �animously. w �� � � a• : � � • : �I : : � �. • : ► • : � � : � ; �� � y1 �. Y. i�: � �� � ; �_ • �. . : ' : � + : � :� : : - : �. `� � . : i � .� • : �. : ��► � �. �s .�1 • : � � � _ 4 • � 1: ; \I� 1 ; �i� : ; y171 �� �. . 4 • � � � 1 • 1 1 . 1 1 ' ; �i• IrDTICN b� Q��cilman Schrreider tc� waive the first readin5 and a�prove tt►e or di nanoe �on f irst reading. Sewnded b� Cbta�cilman F'i tz F.atri ck. NDTIGt� b� Q�uicilrran•Scfineidez to ame�d the above ardinanoe b� deleting the nEw Sections 2 and 3 c� 113.09. Seaonded b� O��cilrran FitzFatrick. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carriEd �a�animously . URN A VOI� VOI'E TAi�Iv Q�] �iE NAIN NDTION, all voted aye, and Mayor Nee decl ar ed the moti on car ri ed �aLanimously. � � a,r �I ►. Y•� �� ►t / • Y.� J : ►hl �. ��. ' • � ����J �. • v': ' �� �� � � ]li : �.� • ' � : ' �1; v� 1 t� ; ,1 � : : a ♦. •� �►. •; ► •,. y: i. � ••�►►i: .•► �r .•,�� • � �; : �� � —11— QOONCQ. I�EETIl� OF JUNE 3, 1985 ��*rry .T= c�mr_r.� p� RF�EIVING PETITION N0. �-1985 OPPOSING PROPOSAL ANn pF*rrmTnN �_ 1p-1985 OPFOSING AUCESS OFF I�YRIC LANE: Mr. Flora, R�hlic Works Director, stated the Fridley �nvalescent Hame is prop�sina to e�and their Farking lot to the east of their property. He stated a request smilar to this was Fresented in 1980, and residents of the area would suppc>rt the ac�clitional parking without access onto Lyric Lane. i�. Flora stated at the public hearing before the Planning Commission on May 22, 1985, the major c�iscussion was the access of the �rking lot onto Lyric Lane. He stated a ntanber of alternatives were discussed such as mwing the existing garage and acxess off N�dison Street. He stated it was felt �is would be quite expensive. rfr. Flora stated another �rop�sal was to �covide aocess off Madi son Street and to g� aro�md the existing garage with the understanding that if this plan was acbpted, there would be a setback varianoe frcm five feet to zero. He stated there was an alternative proposal to wnstruct a drive�aay to the s�uth going acxoss the front to the �arking lot extension to the mrtheast. He stated the Planning Commission made a reoommenaation to approve the special use permit with six stipulations, whid� he outlined. Ms. Juc�Ricki, representing the Fridley CAnvalescent Home, stated if they were to ac>nstruct the driveway to the rear, it would cost an additional $6,000 to $7,000 as opp�sed to acoessing off Lyric Lane. ��mcilman FitzFatrick questioned the t�otal parking availaY�le. I�s. Judlicki stated thEy now have 39 sp�c�es and prog�se to add another 40. � Ms. Juc�icki stated in their request in 1980, they didn't �ropose a parking 1 ot, but an ac3di ti on to the so�th o� the buil di. ng f or addi ti onal 1 obby and off ioe spac�e. mimcilman Goodspeed asked if the Fridley Medical Center's parking lot bec�ns about five feet from their parking lot. Ms. Judlicki stated the medical center's �arking lot a�mes right up to their property line. She stated there is about three to five feet o� c�een area between the parking lot and fenoe. Mr. Qureshi, City I�+gnager asked if the garage aould be moved to the Farking lot area. Ms. 3udlicki stated it would be inconvenient because the garage is used to store their supplies. N3s. 3uc�icki felt o�nstructing the c�ivsaay in front would be a c�sturbance to their residents who live in the front area o� the building. She stated they definitely prefer the aocess off Lyric Lane whidz would be less aostly and 1 ess cli sr �tiv e to thei r resi3ents. Mr. Flora stated the Planning Cbmmission only supported the plan with no aooess off Lyric Lane. Cbt.azcilman Goodspeed felt the plans, other �an aocess o�'f Lyric Lane, were rather abalaaard. He stated what �ould be ac3ciressed is if the oonvalescent home �id assessments on the street, they have the right to use it. -12- �� /►. � „i �lY��. • 1���� T��I� �uncilman Goodspeed questioned the relationship between Fridley mnvalesoent Hane and Health Oentral. Nls. Juc�icki stated the property is vwned b� North Suburhan Hospital District and Health Central leases the total operation, �ncier ��e sa�ne agreeaent as Unity Sospital. She stated they are all uzder the sdme Farent orc�nizatirn. m�ncilr�an Goocispeed questioned if additia�al parking couldn't be obtained at Unity Hospital. i�ls. Juc� icki stated w ith Uni ty' s new add.i ti on, ther e isz't rocm for parking by their enplayees. She stated Fridley Meciical Qinic als� was �sing Unity Hospital's parking facslities, but rnw r,u:st rent parking frm the d�urd� aczoss the street. Ms. Juc�icki s*ated they are row parking on N�dis�n Stree�t and wherever they can find a plaoe. She stated many of their visitors have to do the same thing and some are elderly which makes it difficult for then to vi�it r el ativ es at th e nur si ng ha*►e. (�ror. Bruoe Barsness, 7589 Lyric Lane, stated he is opposea to acce�s onto Ly ri c Lane . He sta ted Ly ri c Larie i s a r�a r ra�r resi denti al st r eet ar,d f el t if there wa: acoess onto it, it would be c�fficult to turn in and out of the F�rking lot. I�'�. Barsness felt if access onto Lyric Lane was providen for the convalesoent hane, other persr�ns, such as those residin5 the the Hiyhland Park Apartrnents, would ask for aooess onto tt�is street. He stated resicients of this aFartmert oamllex chose tn make the.ir own access onto Lyric Lane b�� driving over the houlevard this past wir�ter. F�. Bars�ess p�irited out the wnvalesaern. ha�e is located on pro�erty zoned R-1 with a speci�,,l �se permit. He stated there was agreeaent at t�:e tin,e the permit was issued that there would be ro aooess onto Lyric Lane. I�+Er. Barszess stated aa�ess onto Lyric Lane would create pro4ler,s for home aaners c�rectty acsoss the street. He felt, once the lot is fillcd, the werflow of c.ars would end up in front of the homes. He stated this is alread,�� ha�Qerung on Madis�n Street. He stated the mnstruction cping on at Uni ty Hospi tal rnly aads to the Frobl en. He stateo the hospi tal al so ha s a lot of �naeveloped lar,d which is inaccessible except fror.► a residential street. i�. Barsiess stated his goal is not to drive Health Central out of the neic�bc>rhood, but to insure tlaffic on Lyric Lane cbesn't get worse than it is now. He stated any expansion done in this azea should be done intelligently �der a well thoucj�t out master plan. He asked the m�cil to apprwe the plan rea�r�rnended b� �e Plaruung Caimission. l7r. Phil Dahling, 1378 Skywood Lane, stated he has a mother living at the Frid:ey O�nvalescent Home and parking facilities for visitors are Fractically riorrexistent. He staten the Fro�sal for acoess off Lyric Lane is the most feasible. -13- �� J+ MI �1�?�yl�. �' 1!�I '�� Mr. I1cyd Larson, 7549 Lyric Lane, stated there are no sidewalks on Lyric Larye and the children have to walk on the streets. He skated they are usually walking on the street during shift changes at the nursing hane. He stated he would be in favor oE praviding acoess fran the north side of the building and keeping traffic off Lyric Lane. Ms. Monica Wienert, 7311 Lyric Lane, stated with shift changes at the hospital and wnvalesoent hcme. Lyric Lane looks like the Indy 500. She asked if �e hospital and �nvalesoerit hane are tax paying organizations. Ms. Juc�. icki stated they are mrr-prof it and d� mt Fay property taxes. NL�. Barsness, 7589 I�ric Lane, stated she was opposed to the garking lot with access onto Lyric Lane. She stated she was cAnoerned about the saf ety as there are rn sdewalks. She stated there is a high ooncentration of c�ildren in the area, because c� �e aFartment huilding and generally they are p�orly supervised and often ru1 into the street. NLs. Barsness stated she really tries to see b�th sides of the issue as she knaws the nursing hane is a�noerned about the saf ety of thei r residents. She stated there is a nunber af things that �uld be done to reduoe the risk on Madis�n Street and that is to reduce the speed limit. NLS. Barsness stated when the special use permit was issued the stipulation was that there would be m aocess onto Lyric Lane. She stated she felt this was cbne because c� the traffic on this curving, narrvw residential street. 5he stated traffic in the area has increased, as both the hospital and medica]. oenter have expanded. She felt, if access to Lyric Lane was yiven to the O�nvalesoent Hane, it would set a preoedent for other aCcesses onto this str eet, and she was ooncerned about the aFartment buil di ng r eq ue sti ng such an acaess. Ms. Barsless stated she felt the nursing hcme r�eeds some �arking, but access onto Lyric Lane woulcii't s�lve all the problans. She felt access to the front of the building would c�ve visitors an advantage by decreasiny the walking distanoe to the nursing h�e. She also felt access to the front would f ac�l itate f ire f ighting. Ms. Barsness stated the access on Madison Street would be a compranise and hoped the Oo�cil would take the reaommendation of the Pl anni ng Commi ssi on and uphald it s� there would be no further access onto Lyric Lane. A'�. Czlen Byl, 7513 I�ric Lane, stated he felt the nursing home should be more flexihle and mwe the c$rage to make a nice driveway for the garking lot. He stated a drivsaay c�ning onto Lyric Lane would be an eyes�re. Mr. Boo, attorryey representing Fric�c� O�nvalesoent Hane, stated there are many peopl e her e f ran the nur sing hcme who woul d 1 ike to speak to th e i ss ue af �e r�eed for the parking lot. He stated what it boils down to is the question of access. He stated the access across the back is really an impracti cal al ternativ e and cr eates a saf e�ty probl. en. I�. Boo stated this leaves two options, acoess onto Lyric Lane or across the -14- �� i� v� ?1Yh. • " l��►1 front of ti�e buildinc,. He stated to wnstruct aooess across the front, it Would r�n close to the entranae. Ae stated other fac�.ors m�st be ic3entifieci regarding why the nursing hane supports the Lyric Lane access. Mr. Boo stated the a�st is one factor, the other factors are the fact that there is currently a problen identified on Osborne Road and Madison Avenue. He stated there is difficulty aming up Madis�n onto Osborne. Ae stated the pnrking patterns will be rn Lyric Lare rne wa,�� or ti�e other. He stated you have to a�r.sider �e most eoonanical and useful access which is off Lyric Lane. P�yor Nee asked Mr . Boo if he had any oomment rec�.a z di ng th e st i pul ati on, when the specsal use permit was issued, that there would be no access to Lyric Lar�e. Mr. Boo stateo the sti�x�lation of aooess mme � in 1980. He stated ric�t r�aw t�ey are talking ab�ut the need for parking anc3 the best way to facslitate that Farking and aaoess is best fran Lyric Lane. Mayor Nee asked if tbe Farking lot in question was part of the special use Fermit when it was issued. Ms. Juc�icki state6 the �nvalesoent ha�e dich't aan this property at the time the special use permit was issueci. NLs. Janive (�rroll, 7567 Lyric Lane, stated she believed the Barsness's ocyv es ed ev ery th i ng. She sta ted sh e ha s no pr ot�l en w i th th e nur si ng h or,► e I�a r ki ng 1 ot, but oppo se s a aoess onto Ly ri c Lar�e. - Q>�nc�l�ran Goodspeed stated the questian raised was if the nursing hcne had access, people from the adjacent apartrr.ent miyht tly to �+ark in their F.arking lot. He questioned if they would be o�nstructing a fence so it woul d be Fhy si cally impo ssi bl e f or som eone to get f r am th ei t 1 ot to th E a�.ertrnent building. I�Ls. Juc�icki �ated a f�oe would be o�nsrtructed on the ea � si de o� the Fc oper ty betw cen thei r pc o�er ty and th e aFar tn�ent von pl ex . She stated there is an existing fence on the north side, but as far a� oontralling who Farks there, it will be sc�ed and en�.alo�ees will be issued stickers. She felt if the apart�nent builc�ing residents wanted to �ark on the nursing home's property, they would be doing so now as there is no f enci ng. �e di ch' t f eel thi s woul d be a pr ohl en. N�. �arles Johanson, 424 Rice Creek Blvd., stated he knaws quite a bit abo��t Melody Marbr as he has lived in FricIley sinoe 1918. He state6 Meloay I��nor has increased fra� me car tA two car c�rages tzinc,in5 morE traffic to the area. He did�'t feel t3�e �rking lat would cteate aadi ti onal traf f ic. He stated it woulch't t�e like a�oppiny oenter where peoFle are o�ming and g�ing ctinstantly, but mly at oertain hours of the day. He stated it is hard to make pl ans f car t3�e f ut ur e and ri c�t rnw the nur si ng hme i s ta ki ng a lot o� Fstients fran �e hospital. Mr. I�hl ing srt.ated both he and his wif e have been enF.l oy ed at one time or another at a nur sing hme and the par ki ng 1 ots ar e very well oontr oll ed. Mr. Jeff Beyer, Fnysical tfierap4:� at the nursing hacae, stated he lazows haa imp�ztant it is far his g3tients to have visitors. He felt the type of traffic they are talking abo�t for this enF.loyee lot isn't going to si�ificarnly aEfec� the traffic on Lyric Lane. He stated the nursing hcc►e and hospi tal ar e val �atzl e assets to the m�;mm�rii ty and f el t som e al l vw ance s -15- ��_��� w „��+� i�. � 1�.�� ��I:�� shoul d be made. N�. Mi.lton Hoffa, 551 Hug� Street, stated he currently has a mother in the Fridl� O�nvalesoent Hane. He stated these residents have gayed taxes for wer 60 years s� he felt they are �titled to some o�nsideration. He stated tt�e traffic is already there and havir_g an access onto Lyric Lane isn't going to c�ange the situation. He chch't feel the nursing home should be subject to a hic�er mst as this is passed on to the residents. He felt �o�►ething should be worked out to c�ve it a trial period and if there are oonglai�s, then rectify it. 1�Ls. Barsness felt onoe the acoess is there, it would be there for�es and it would be too late to rectify. Ms. Frances Frank, 517 Manor Drive, Spring Lake Park, stated she is an enpla�ee of tr�e a�rntalesoent hane. She stated she understands what these people are going through as she lives on the street where Cub Foods is located. She stated when they take a kxeak at 9 a.m. and vi�a Lyric Lane, there isn't that much traffic at that time. Mrs. D�rothy Artmann, 254 rice Creek Blvd., stated she works at the oonvalescent hane and has an a�t who resides there. She stated if she l iv ed at the hane, she woul d' nt want a driveway in f ront of her bedr oom or in front of her wincb�w. She stated the residents of the hane can't come dawn and voioe an opinion and felt l�d that someane would destray a front yard to put in a drivsaay. She stated she was strongly against a driveway in front af the nursing hane. Ms. D�lores Peterson, 8810 Madison Street, stated she lives across the street fran tiao d�urrhes, but they put � with the traffic. She stated, as far as the nursing hcme, it is chngerous walking in the street. She stated all visitors have to �me from the street and those two drives are treadzerous. Mr. Qureshi, C7ty Ngnager, stated it is very clear how the neiqhborhood feels about acoess onto Lyric Lane. He stated he would like to work with the �rYValescent home to see about other options. He questioned if an easgnent �uld be obtained frcm the a�artme�t luilding. Mr. Boo stated he dic�'t feel it would be a good alternative because of where the play area is 1 ocated. Q��ncilman Goodspeed stated he has the highest rerard for the services prowided t� the nursing hane. He stated they don't have to spend this money to alleviate the �arking prohlen in the area, but oould tell people to park on Lyric Lane. He stated the reason he is having troubl e with access onto Lyric Lane is because t�he Ci.ty c3c�esn't have control aver the speed limit. He stated if the o�st af about $6,000 is the main obj ection to having the drive g�ing in the back, it is not enou�. Ms. Judl ick stated it i sn' t the mai n obj ecti on. She stated the mai n r ea son i s ta ki ng aw ay f rcxn th e ba ck Fatio area and the blind curve that would be in the back. O��mcilman Gooc�speed stated he has to a�nsider the residents of the nursing -16- ��. ��� / �I�1�/ /�. � jl��l hrne as re.nters and if you added their voioe to who wanted aooess, it would proba4ly be just as mariy as those wh� are opposed. lrD�!'ION by do �ncilman Goodspeed to c�ant speci al use perm i t, SP � 85 -03 w i th aooess onto Lyric Lane with the follaaing stipulations: (1) Health Central screen aff the snoke stack; and (2) this special �se permit reviewed af ter one year. Semnded by O��cilman Schneider. Mr. Boo stated this apRlication is b1► North Suburban Hospital District and they are responsi4le for the mst. He s#ated he has ra idea what �uld be cbne ab�ut screening the snoke stack. He stated he frankly didn't see haw the two ar e ti ec3 together, but mor e imp�r tantly woul d env i si on th e vo st to be quite extraordinary. He stated he has no idea whether or not this is accepta4l e. � MDTION WFS WITHDRAh'N BY 4�UNQLNWN GOOASPE£D WITH PERMISSION OF HIS SEa7[VDgt, Q�UN�,[�N SQ�NEIL1E�t. NDTION b� O��mcilman Goodspeed to deny specsal use permit, SP #85-03 with access onto Lyric Lane for the parking lot. Seconded by Councilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee c3eclared the motion carried �animously. . I�+DTION b,� Cb�cilman Goodspeed to ooncur with the reoor.unendation of the Planning f�omnission to appra�e special use permit, SP 185-03 sutrject to the fallaring stipulations: (1) no access be prwided off Lyric Lane; (2) screen parking lot frcm right-of-way and resider.tial proF,erties; (3) appropriate signage be placed in the parking lot to indicate enployee FarkiPg; (4) parking lot lighting to be diffused; (5) work with City D�c,�neer on drainaoe requirenerns; and (61 if the choice is the driveway aocess on the rnrth side of the tuilding, varianaes on the rorth lat lire to be automatically approved with the special use permit. Seconded by O��cilman Barnette. Upon a voic�e vote, all voting aye, I�yor Nee decl ared the motion carried �animous2y. . B. �ONSTDERATION OF SPECZAL USE P�RMIT. SP �BS-04 TO_ ALLOW CON��X'�'TON OF A SEQOt� P��RY BUIL�Li� 456 3RD S'I'RF.E'I' N.E.. �$]', A. AIDN1ABl • I�r. Flora, Puhlic Works Director. stated this is a request for a spec�al u.se pern►it to alla✓ a�nsrtruction of a sea�nd aocessory building, a 20 x 16 foot garage, to be used for storage cf an antique car. He stated this garace would rot have a drivsaay, as the petitioner will drive the car only about onoe a week during the ��er and not at all in the wir►ter. Mr. Flora stated the Planning Commisson recommended approval with a stipulation that the special �se permit be reviewed b� staff in one year. I�DTI(�t by Cbuncilman F7tzpatrick to concur with the reo�mmendation of the Planning Commission and grant special use permit, SP #85-04 with the fnllawing stipulation: That the speczal use permit be reviaaed by staff ir� ore year. Seo�ncied b� ��ncilman Sdzneider. Upon a voioe vote, all voting aye, [�yor Nee declared the motion carried �animously. -27- �� a►,�r ����vr�. • � ii�,i • :� C. aCNS ERAmTON OF T'I'E.NtS FROM APPEALS aDNII�7ISSION I�'�T N� OF MAY 14. 1985: C'-1. RIDUESr FOR VARIANCE TO REDUCE REOUYRID FRONT YARD SETBAC�� TO ��Xn1a0NS�RUCTION OF NEW DWELLING WITH ATTACHED GARAGE. 5202 PT�(� STRFFT N. •.. P1�TRT(x A� .� FINN: Mr. Flora, Rihlic Works Direckor, stated this is a request for a variance to reduoe the front yard setL�ck frcm 35 feet to 15 feet to allaa o�nstruction of a r�ew c�aelling with an attaci�ed garage at 5202 Pieroe Street. Mr. F'lora stated the Frohlen with a�nstruction on this lot is because of a ravine with a fast drop in el�ation f ram 100 ta 74 feet. He stated the existing houses on the east side faczing Pierve Street are set t�zck 25 feet, as varianoes were c�anted in 1979. He stated the house to the west has a 41 foot setback. Mr. F2ora stated there is a ten foot boulevard, therefore, if the r�ew house has only a 15 foot setback, it would be 25 feet fran the alrb. Mr. Flora stated a nlunber of neighbors spoke against the variance, therefore� it was denied by the Appeals Commission, but they reoommend apprwal ocf the varianoe frcm the required 35 feet to 25 feet. Mr. Finn, the petitioner, stated he has spoke with his nei�bors, since the meeting of the Appeals O�nmission, and they are in agreene.nt with his plans. Mr . Fi nn then sukmi tted a o�p,� af hi s pl ans f or thi s hane. ��cilman Goodspeed stated, when the Appeals Commission vOted on this varianoe request, they denied the varianoe to 15 feet and reo�nanended the 25 feet because � the neic�bor's opposition. He stated the petitioner has since met with the neighbors and they are in agreement. He stated, ther ef or e, he f el t the Ap�eal s�nani ssi on woul d hve rec�nnenaed appr ov al if the nei c�bor s had been in agreene.nt. NDTI�1 b� O�wzcilman Goodspeed to cgant the varianoe t�o reduoe the re�uired f ra.nt,. yard sett�ck f ran 35 feet to 15 feet to al l cw the oonstr ucti on of a new dwelling with an attadzed garage at 5202 Pierce Street. Seoonded by Gouncilman Fitzgatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried imani.mously. C�-2. $�IIFST FOR VARIANCE TO RIDUCE SIDE �1RD SEISACK FOR AN ATTACHED GARAGE � ALLAW A DETACHID GARAGE TO BE ATTACHED AND INCREASE S� T2�, 5272 HORTZON DR.n_1F: N. E.,, JOE PEIZ�TN: A�. F7.ora, Rihlic Works Director, stated this is a request for a varianoe to reduoe the required sic3e yard setback for an attadled garage frcm 5 feet to 2 feet �to allvw a 14 x 26 foot detac�ed garage to be attached and increase the size to 23 x 34 feet at 5272 Horizon Drive. Mr. Flora stated staff would re�nend rec�ucing the garage width to 22 feet to leave three feet frcm the sc>uth property line. He stated the south wall should also be a firewall with no openings. � � 1�►M ��_ 3N1��. • ' 1! ��. • . F�. Flara stated the AFpeals O�mission reoommencied denial to reduce the setteck f rar five feet to two feet. . m�cilman F'itz�.atrick stated staff had recommended three feet fran the so�th go�erty lir�e, rathel than the two feet requested by the petitioner. He stated the petitivner pcoc�eeded with his original request, thetefore, it was denied by the Appeals C7ommission. He stated there has been no rei�borhood opp�sition to this variance and fe2t the petitioner has no alternative as it is rat feasihle to build in the back. NDTICN b� O��ncilman FYtzFetrick to cgarit a varianoe t� reduoe the required side yard setback for an attacfied c�rage fran 5 feet to 3 feet to alla�, a 14 x 16 foc�t detad�ed c�rage to be attaciled and increase the size to 22 x 34 feet at 5272 Horizon Drive, with the follaair.g stiu�x�latiai: That the s��th wall of the new garage be a firewall with no openings. Seconded by Q»cilnan Sd�reicier. Up�n a voioe vote, all voting aye, l�yor N� c3eclared th e mati on car,r i ed �a�animously . C-3 . $Fi�UFSr �R VARIANC�TO �_�A}�_�A_��_'�9 ���. � C�Ft�GE. 711J'�C�I,A �'�hEiFi������15,._A�G �r. F1�ra, Pu41ic Works Director, state6 this is a zequest foc a varianae to red�c� the required rear yarci sett�ack for an�ouarter of th� lot de�.th (34 feet) to 26 feet to allaw aonstruction of an attad�ed c�raye, 32 x 24 feet, at 711 Marigold Terraoe. He stated the �.etitioner srtated a three car c�arage is needed to house three cars. I�. flora statecl if the petitioner were to build a deta�ed c�.rage, he would not r�eed a varianoe, how�er, he Frefers to atta� it to his gresent hcusE with a new roon to be F.rovided bet�reer. the existiny house and the new gdrage. Nt. Flora stateo the �peals Oorimission was split on wi�ether or not this wa� a self-ir;�p�sed hardship and it was a split vote on thEir reaxrmen�htion far appraval. D�r. L�y, the petitioner, stated the reas�n he desicp�ed it ir. this maru�er w�� bemuse he diciz't have elioucj� ram m the sde to build an attached garage the sze he wished. He stated he war.ted a trigle earac�e for their three v�icle�. He statec�, with the si�ape of the lot, the only way to twilc] a garage that laroe is to the rear aE the pco�erty and he would 1 ike to atta� a r�ew addition to incluc3e a c�ni.ng and recreation rocn betwcen the existin5 str uct ur e and n�► garage addi ti on. M-iyor Nee asked wty the reic#►bor, Mrs. �a++tridge, was opposed. I�u. Flora srtated Mr s. ZY aa tr i c3c�e c� c�:' t Imaw if thi s add.i ti on woul d af f ect th e r e:�al e val ue o� her hame. She al so stated she di dn' t want to be the ca use f or denial c� this variar.oe request. M?TI�N b� Q�uncilman Gooclspeed to c�rar.t the variar.oe reruest to reou'ce tx,E requireci rear yard setback for me-qtarter af the lot c3epth (34 feet) to 26 ieet to allow tiie o�nstruction of an attaci�ed c�arage, 32 x 24 feet at 711 !►Saric,old Terraae. Semnded b� U��nc�lrar. FitzF.atsick. U�n a voicx vc,t�, all voting aye, l�yor Nee declared the motirn carried �nanimously. -1 �- ��. �,,�� „��a��r�. � t�i�� �I� �-� � RF1�ilFST �R V iANCE TO RIDUCE SIDE YARD REQUT�IyFNT Tp __ r.r,�w A�i*rA�� [',ARA_r;_F.. �40 PAI�IDORA DRIVE, DONAI,D FROOM: - - Mr. Flora, R�blic Works Director, stated this is a request for a varianoe to reduoe the side yard setback to allaa an addition to an existing garage. He stated the petitioner wishes to add to his single car garage as he needs adciitional space for his car and boat. He stated if this variance is apprwed, staff would reoo�nend the west wall of the garage addition be a f iraaall. Mr. Flora stated there was objection from the neighbor to the west, Mr. Wallraff, 930 Pancbra Drive, and the Appeals O�mission re�onunended denial. Councilman Goodspeed stated he has talked both with Mr. Froom and Mr. Wallraff and if this varianoe is allaaed, the back corner of the pro�sed garage and the adjaoent house would be 13 feet apart in the back and the front aorners would be 17 feet aFart. O��ncilman Barnette stated he als� talked with Mr. Froom and Mr. Wallraff and asked Mr. Ftoan if he would build a snaller c�rage, t�o which he agreed. Mr. Wallraff, 930 Pandora Drive, stated he would still object to the varianoe. . O��mcilman Goodspeed stated if the neighbor objects and you give permission to build a 20 foot c�rage, when an 18 foot garage can be built without a vari ance, he f el t i t woul d set a pr eoederrt.. Mr. Herrick, C�.ty Attorney, stated in this case the O�Lmcil has to detennine whether there is a demonstrated hardship and the test is whether the property is inique whic3� would j ustify c�anting the varianoe. He stated if the ��cil fallows their �ast preoec3erit, they protx�4ly woulch't grant it. NDTION b� O�uncilman Goodspeed to concur with the Appeals Commission and deny this varianoe request. Seo�nded b� Oo�cilman Schneider. Upon a voic�e vote, all voting aye, I�yor Nee declared che motion carried unanimously. �he Oo�cil reoeived the minutes of the Plaruv.ng Cflnanission meeting of May 22, 1985. 11. R�Fn�?NG PETTTTON NO 6-1985 FUR REMOVAL OF "NO PARKING" SIGNS ON 7TH �FF'r' gE'1,W�� 61�`T' A� 63� AVE:NL�: I�DTIC)N b� O�tmcilman Schneider to reaeive Peti.tion No. 6-1985. Seoonded by O��cilman Goodspeed. Upon a voioe vote, all voting aye, I�yor Nee declared the motion carried �animously. M)TION b� ��cilman Goodspeed to c�rect staff to r�nave the "no garking" sicyzs on 7th Street between 61st and 63rd Avenue. Seconded by CAUncilman Shcneider. Up�n a voiae vate, all voting aye, I�yor Nee declared the motion carried imanimously. -20- •� II��M „I�i?� ��, • �li�l i �M t �. I �� � �i� ��� � 71�: �i1 � : ��: � � \. ��AIY�: �I ,� � �I �MY�,� \ �/ \� � `f �1Y v t�. Innan, aty Qelk, stated two bids were received for the electronic voti ng eq ui Fnerct . IrDTDON b� ��cilman Sci�neider to reoeive the �cis. VINDOR Zhornber F�ec*ion S�+stens 328 S. Jeif er s�n Str eet Q�i ca go, II� 6 06 06 800/621-1181 5$ BID BQdD Q�RD R Fl� 6 PF:IIvT�t ZO'P��I. Fi c3e1 tiy ano Depr�sit OomPanY Reader S4,OOD.00 Prirrt.er S2,o9o.QD S6,000•00 SINGLE DISK IRNE $7,000.00 O PI' IQ� AL �2T TfRr�+Ai. DQ.,NFRY �ATE 51,115 .00 3 0 Day s Af ter Pwazd of Bid E. L. I�9rketing 25 W. 651 ZbwFath Ct. h'heaton, II, 6 Ol E7 31?,/668-2987 No Bid Bond Faeader 54,200.00 Prir�ter �2,39D�94 . ��59.�99 $3,000.00 (oanputer card port for IDrrXT) DiOne 30 Days Aftkr Aw ar d of 8 id Semnded b� Q»cilman Barnette. Up�n a voioe vote, all voting aye, Nayor Nee c3eclared the notion carried �animously. t�, 7�nan st.ated the bid fron E.L. N�rketing is rot aooeptat�le because it is not in mmF1 ianoe with thE bid specif ications. He stated, there�or e, it i s rea�r�nended the ��cil aocept the tad f rcr �ornber Election Sj�sta�s in tt�e anount o� 514,115. 1►�DTICN b� O��ncilman Schneider to award the oontract for the electronic voti ng sy st en to th e 1 a�r est q ual if i ed tu dder, �,or nber II ecti on Sy st en s, i n the ano�mt o� $14,115. Seconded b� Ou�cilman Barnette. Upon a voioe vote, all voting aye, Nhyor Nee declared the motion carried �animously. : �.M •I �. : 1 � ��! ��� �� 7�; � � � � ; ��: :+� �. �� \111; ; 4 �� : iY: ?) ��J:,�./ 17� 1 • �.• ) M �t 1 : •�: Y l�r. Flora, R�hlic Works Director, stated three bids were received for the 1985 sealcoatin9 Pro7 ec�. IrDTION b� N�ncilman Barnette to reoeive the tdds. - 21 - �� J�,�r „i�+a�M��. • ji��i • : Pl anhol der Allied Blacktop �. 10503 89th Ave. N. I�p7.e Grave, NN 55369 Barber O�nstr ucti on �. P. 0. Box 53 24 Hopkins, MJ 55343 Buffalo Bitunimus Box 337 Buf f al o, M3 55313 Bid Bond 5$ United F`ire and Casuality 5� Re1 ianoe Ins. O�. 5$ United Pacif ic \•: :_•_ $57,072.00 $57,810.00 $59,040.00 Seoonded b� O�u�cilman Sd�neider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried �animousl.y. Mr. Flora stated the laa bidder was Allied Blacktop Company and would reaonmend the wntract be asaarded to then. NDTION b� O��cilman Barnette to aaaara the wntract for the 1985 seala�ating proj ect to the low bidder, Allied Blacktop Comgany, in the amount of $57,072. Secvnded b� O�Lmcilann Schneider. LTp�n a voice vote, all voting aye, N�yar Nee declared the motion carried �manimously. � y.« �� �. �� � �I� ��i� � �� 0 �i� � : ��S � � �, •� �iy� : � � � • . � . . �i�� _� � � :. �i\ ' �`� .�F,� Mr. Flora, Putalic Works Director, stated three 2aids were receiv�ed for this irrigation proj ect. NDTION b� O�uncilman Schrieider to reaeive the lv.cls for the 1985 N�. ssi ssi ppi Street Irrigation Project. ; ��:• ��+; Natural Green Inc. 1660 Arb�retun Blvd. Q�ar�hassen, M3 55317 Micbnan Brothers 14630 i�vy #65 Anoka, NN 55304 At}ared�t Irrigation i4os w. o��� Roaa c Roseville, NN 55113 BQ�1D 5$ Wausau Ins. 5$ State Sur ety �. QZeck f rcm Mic7�aay National �� ;_ : � $16,463.00 $18,850.00 $14,936.00 SeooncZed b� O�uazcilman Barnette. Upon a voioe vate, all voting aye, Mayor Nee declared the motion carried unanimously. I�. F'lora stated the laa bidder was A14redzt Irrigation and would recommend the �ntract be a4aarded to then. - 22 - �1 1�.M v���J ��. � ' 1 .� �•�� IrDTION by Councilman Schneider to award the contract for the 1985 Mississippi Street Irrigation Project to the low bidder, Albrecht Irrigation, in the a¢no�t of $14,936. Seaoncied b1► O�tincilman Fitzpatrick. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried �animously. : �r �/ �. : 1�. ; �i� ��,� �� �;: �,� • : �C : � �►. •���/Y:: M i� : � �I�: �al : �� . �. ' G�. /�►M . • • � -. . - -. -- - . .� - - -.- -. • • . • . . • -. trDTICN b,� O��ncilman Scfir�eider to reoeive these hicls. :�1.� ��; Natural Green Inc. 16 00 Abor et vn Blvd. �artihassen, M�l 55317 Margolis Bros. 1171 W. Larpenteur R�sev il l e, MJ 55113 Landscape. Excavation Serv. 7420 Unity Ave. N. Brooklyn Park, MV 55443 Eioffman and Mddanara 26 Ol Gl �dal e Raa d Hastings, NN 55033 Noble Nursery 8659 Ueritral Ave. N. E. Blaine, Md 55434 i:•,. 58 Wa�au Ins. 5$ tfii ted F`ire Casualty �F�i'i1' 58 Cer�tral Nati onal Ins. O�mpar.y 5� Great Ar�el. Insuranoe Oa. 58 De�endatle Ins. �. F'� nne sota Vall � Lanas capi ng 5$ Uni ted 9700 West Bush Lake Rd. Fzre b Casual� Blocr,�inc7ton, NN 55438 Liro Lakes Landscaping 5$ Capital 18400 Lexington Ave. Indannity Wyming, NN 55092 Ins. a�. �?�BL..�ID S39,657.98 536,035.90 $42,376.80 $36,574.60 $28,989.35 538, OI3 .7 5 $28,974.74 Seoonded b� O��cilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee 3eclared the motion carried �animously. I�. Flora stated the low bidder was Lino Lakes Landscaping and would remrm��d the a�ntract be a,►arded to thea. WDTION by O�uncilman Schneider to award the contract for the 1985 1►lississippi Street Landscaping Project to the low bidder, Lino Lakes LanciscaFang, in the ano�t o� $28,974.74. Sea�nded b� O��cilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried �anur.ously . - 23 - ��.II��Mt �I�ia11���, � jll�l ' : . ; y.�• � • � �! "������ : l9.1; 1�, y,� M N �+�1 �+: ��1� : ; � u��+�l �1 y. 4, � 4M • `� ': a -_�.; ; � • �4 ; �� y�„r �.�l�+: �+y. : � �+; 1�DT�ON by W�cilman Fi tz �atri ck to ad�pt Res�l uti on No. 54-1985 . Sewnded b� O��cilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried �animously. ; �-`_� / ! ► �.� �'I� � �rY�+; u� �M �. . � M �� ; : �!� : i� * � ; ► . ; �� • � • M�;� : � ' 4� • �;�y ' ;.��M �+� ►. � �u� \I�+�� � � v�. \ A'�. Flora, Rihlic Works Director, stated with the proposed developnent of Super-America � 57th and University, there has been work done to obtain the ease�nents and ri�t-of-way for a loopback. He stated, in vacating this p�operty, it was fotuid there wan't clear title to the property west of the section line. He stated the (�ty has the authority to start condemnation prooeciures in order to prwide clear title to this �operty. He stated, currentl.y, there is a question whether to �ncia►in both garcels 1 and 2 or just paroe7. 1. He stated, at this p�irrt, it would be appropriate for oo�mcil to acbpt this resolution and the attorr�ys can determine haw to prooeed. - Mr. Herrick, C7ty Attorney, stated Super-l�nerica ac�ees to Fay for the legal fees and ariy aaarcis. 1�DTION b� ��mci].man Barnette to acbpt Res�lution No. 55-1985. � Seaonded by O��mcilman Schryeider. Up�n a voioe vote, all voting aye, P+gyor Nee declared the motion carried lulanimously. 18 . �'STIMATFS • NDTICN b� O�tmcilman Barnette to appro�ve the estimates. Shor t-IIl iott-Hendri ckson 222 •East Little Canada Road St. �ul, NN 55117 100-Ziain Drive-In Proj ect I�rtial Estimate - Invoive 4294 . . . . . . . $ 904.74 Herrick & Newman, P.A. 627 9 Univ er si ty Avenue N. E. Fridl c�, M�1 55432 For SeYVioes Renc3ered Fbr M�nth of April b� City Attorney. . . . . . . . . . . $ 3,010.75 Sewnc3ed b� O�tncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �manimously -24- �� l�. � „i�1�lY��. • ' Ui�i l:T.� 19. .Q�IM� � IrD�TIQ�I b� O�uncilman Schneider to authorize payment of Qaims No. 2657 throuc� 2929. Seo�nded b� O��ncilman F�tzFatrick. t1p�n a voice vote, all vating aye, 1�6yor Nee c3eclared the motion carried �a�animously. 2O. T.Tf� S,�FSy 7he O�uncil added Consideration of a Food License for the 49er's to the agenda. I�pTrOt� b�r O��ncilman Sciireic3er to apprwe the food 1 icense for the 49er's and waive the fee. Semnded b� ��ncilman Barnette. Upon a voic,e vote, all voting aye, I�+gyor Nee c3eclared the motion carried �a�animously. NpTICN b� O��cilrran Scfireider ta apQrwe tr�e lioenses as sutmitted and as on file in the Liaense Qerk's Office. Seoonded by Councilman Barnette. tlpon a voioe vate, all vo�ting aye, Mayor Nee declared the notion carried �a nirr.ously . NDTION by Councilman Barnette to adjourn the tmeeting. Seconded by � �n cil man Schr�ei der . Upon a voi oe vote, ai � vati ng ay e, I�yor Nee ciecl ared the moti on car ri ed �animously and the Regul ar Meeting of th e Fr i dl ey Ci ty minci2 c� J�e 3, 1985 adjourned at 12:35 a.m � Respectfully sutmitted, (�ral e Hac�iad Secretazy tA the City �t�cil - 23 - Will iam J. Nee I�y or Class �13 City of Fridlev 6431 Universi[y Avenue ilE Fridley, `ii� 55432 ATT�:: Sid Innan MINNEAPOLIS STAR AND TRIBUNE COMPANY STATE OF MiNNESOTA � ss AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN n.�t . C�ta rhonn e au , being auly sw�orn. on oaeh �a. s he .nr �. 61 1 ines and during alI umes herein stated has bten �n employee ot the Minneapo6s Star and Tnbune Cumpam. publlsher and pnnter of the newspaper known ss The Minneapoils Star and Tnbune and the Sundr� Morning Tnbune and has Iuli knowledge of the fatts her��n suted as (otlows: Nor�c� d aupa�K �NrM �R��v�i�hw �a�0a�� I CNV d FrW�r. Mrvv�M� porky a r».�or Nvw� ti� � �� t�ly�C�4d�ne�� yd Fri01�r Mwwfo�a. M �M Clhr M�p, �1 W+�r�rtM Av�A N.E.. fr'�eMV M��ne+o�� �r � rnMvq M�M C�rv Cov� �0 0� M�e on �wv �� M�i�ymync le»��770ocwew.s�+.0 T �' �nt o�au �+wv+a nr Councu wrN cont�OK � MosOW hM� � crh •.uU Mv An�ncuw a • com�wc�� o� ��OUV�r� G�.N- pOnyn! xoMc� W is►u��V Mf bO�lOf 0� oMM OOYY� �OM OW• b MMrMWy 31�i�11uK. �I� o•000we rowa caw�n a � �cowu,wn a we ana nr a�+a� M.e.wwo�+ MI� � �n �YO�oaim�Mv �0 �11�I• lee� �KMWNM MN d• 11p �KA�h (�'"ao�i. b a IOCayO �Imm 11y Cih in M NN' �N� ppurWN Cr M.Uwv ME a� � �s�. Ma� rvu on nr rw+�+, n» w�Mv�o� Mrn+wn .�RrwE M�ct� on �M �M�. MO AM MfMh �tNnsion M �l� f� NE on �ne �ann. h T�fw� �+MOOment. � IWn. �y�W� /Mwr W�ML�Mp 1�1M �CM��OMr' 1. M �f WOOOfW T�� � Cnv �u�u rnyncinY T� hr Nt1 Irom ny r«MOt bl �n b- � w a nr c�N+ carvrrrc4� w Mpw� W aMOarwr n+vrM �O�ONqnt M ar! �nw�M�l OrM• �11y �f�eryNE rof b •�tf�A M.fOG �0 k N�u�A. Y� a0r0�' 'MOn► .ovW 0� wr�DM kort+ �Ms� wr�MMt a b�n rpr� m�nr� a a�ra or ww�a sr M Como+�r �A �M cw+ d nr row��0 b �M Mkvr�w� En- w w �e Nr�� �1 Ilr FOIKy w���%o.:.ti b� M- 1n�pK Npn M �N OIAC� M rM ti �yrf �Tr�« Mrwro wMAh M M pac �M�r�W �rY Of y�vM� M 1Mp�f�7�Mr b �rpw1� RMr O/Y O w��IM C�MMf OP N1f Or0' /i01M TN Ilr C�v �/�OR/M� MO f���YK� nM PrO1W. (11 Sa�d n�w•spaper is printed in the English Ionguage in newspaper format and m culumn and .hrrt torm �qui�olent �n pnnted space w at leut 1200 square inches l21 Said newspaper is pnntrd dail� and i. distnbuted at least fice days each week �31 Said newspaper has 25 per cent o( rts new�s column� AF\UIPC �U news o( locat �nterest to the cummunity whicA it purports to sene and dces not w•holly dupl�catr am othrr publication. (4) Said new•spaper is c�rculated in and near the municipalih whkh rt purports to �er�e, has at least 500 copies regularly deG�ered to paymg suburibers and has entrp as second-class matter �n rts lucal post-office. (S) Sald new•spaper purports to sene the City' of Minneapolis and ���cinln' in the County ot Hennepin and has its know•n ofhce of issue �n the Cih of Minneapolis. in sa�d count�. Itil Said neKSpaper liles a copy� of each issue immediatel� wlth the State Historical Society. (7) Said neµ•spaper i+ made a�ailabfe at single or subscnption pnces to am person, partnership or other unincorporated as.ociahun rcquesting the newspaper and mak�ng the applicable pa�mrnt (B) Said new•spaper has complird wi�h all (oregoing condiuons for et least one y�ear HeiShe turther states on oath that the pnnted copy of tAe msRer hereto attacAed as a part hereo( Md♦ cut from the columos of the M�nnrapohs Star and Tnbune and the Sunda� Morning TnAunr. and Na+ printed and pubhshed therein in the Enghsh language. once eich Keek ' tur nne nav succ�ssi�e weeks: that it was IYrst u� puAli.hed on Tuesday 2:st *tav FS (hp 48Y O/ - 19 and was therealter pnnted and publlshed on ever� to and �ncluC�ng the da� o( 19 and that thr (ulloµ ing is a pnnted cop�' o( thr lower ca.e alphabet from A tu'L. M,th ini Iwicr. and Is hrrrb�' ■cknow•ledged �s be�ng thr size and k�nd of t}pr usrd in the com�x,s ubh�awm ��f +aid nnU�r. lu wi1: / �a .��i.c;narn�nneau 0 SubscnDed vYd ks orn tp Artore me tA�s� 1 t day' of : tav . �y�_ �_ / . �` � i/ �-* �, ,C -. / ���� -_-C�� -__ �,> Nutar� pabMC. He�nnepm CourRt�-1r(inrv�Ota — " j i My Commission Expircs . 19 x is �. �� •. .. . . _ . . . . . :...titi•. ti . . ■ .. T ' -� � . . � � - .., .•... . . ., . . , .. 1 � orr�n�vc� No. OF�INl�N(� RFX�DIF'YING ZEE FRIDLEY CITY CODE BY AMENDING Q�iAYPER 124 IIVTIZ�,ID "NOISE", SECTION 124.07 �IE CITY OOiJNC1L OF THE QTY OF FRIDLEY� DOFS O�AIN AS FOLI,C�VS: 124.07. P[JBLIC NUISANCE NOISFS PFt(HIBITID. 4. Loud Speakers, Amplifiers for Advertising. Except as �ermitted by Section 124.07.5, No person shall operate or permit the use or o�eration of any louctspeaker, sound amglifier, or other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to ar,y conmercial establishment or vehicle. 5. Exception for Food/Beverage Vehicles. Ivot withstanaing any other prwision to the oontrary, foodf beverage vehicles may �ound a manually operated bell, between the hours of 10:00 a.m. and 4:30 p.m., and 6:00 p.m. to 8:00 p.m. in any area zoned com¢nercial or industrial, and on1Y between the hours of 1:00 p.m. and 4:30 p.m, and 6:30 p.m. to 8:00 p.m. in any area zaned residential or other than commercial or industrial which produ¢es a noise level measured at a distance of 50 feet fran the source no greater than 65 decibels. PASSID AI�ID ADOFrID BY �-IE CITY QOqNQL OF 7�iE CITY OF FRILILEY 'IIiIS L1AY OF , 1985 WILLIAM J. NEE - MAYOR ATI'FST: SIDNEY C. IIVr9AN - CITY CZERK First Reading: June 3, 1985 Second Reading: Publication: 2 o�n�cE rio. 0£�IN�INCE RFJCbDIFYING THE FRIDLEY CITY CODE BY AMENDING QiAFPER 14 FI�Tt'I'I�,II7 "PEDT[,ERS", SECTION 14.09 7.�iE CITY QOiJNQL OF ZHE QTY OF FRIDLEY, DOFS ORDAIlV AS Fdi,I�GWS: 14.09. I�C1UD NOISFS AI�ID SP�AR,IIVG DEVI(�S 1. Exce�t as permitted by Section 14.09.2, no permittee, nor any person in his or her behalf, shall shout, cry out, blaa a horn, ring a bell, or use any sound amplifying device upon any of the streets, alleys, g�rks or other public places of the City or up�n private pranises where sound of sufficient volume is emitted or produceci theref rcen to be cagable of being plainl.y heard upon the streets, avenues, alleys. parks or other public places for the purpose of attracting attention to any gooc7s, wares or merchandise which such permittee proposes to sell. 2. Exception for Foocl/Beverage Vehicles. Not withstanciing any other prwision to the contrary, food/beverage vehicles may sounct a manually operated bell, between the hours of 10:00 a.m. and 4:30 p.m., and 6:00 p.m. to 8:00 p.m. in any area zoned commercial or industrial, and only between the hours of 1:00 p.m. and 4:30 p.m., and 6:30 p.m. to 8:00 p.m. in any'area zoned residential or other than commercial or industrial, which produces a noise l�vel measured at a distance of 50 feet f ran the source no greater than 65 decibels, as defined in Fridley City Code Chapter 124, "Noise". PASSID AND ADOFTID BY ZHE QTY Q'XJNQL OF THE QTY OF FRII.ILLEY THIS DAY OF , 1985 WTLLIAM J. NEE - t�g1Y0R A�T: SIDNEY C. INMAN - QTY Q�ERK First Reading: J�me 3, 1985 Second Reading: Publication: 3 o�nu�ricE No. OF�INFINCE RE()ODIF'YING gIE FRIDLEY CITY OODE BY AMENDING Q3APi'ER 16 II�TITLID "S'82EET VII�IDII�G", SD(�ION 16.05 'II3E CITY �iJNCII, OF THE CITY OF FRIDLEY� DOFS OFd]AIlV AS FOLI,(�1S: 16.05. SAFETY RD�UIl2II�lTS 4. Warning. 'I}�e vehicle used shall carry such signalling or warning devices as will enable the attenaant reasonably at all times to give adequate warnings as requi red herein. Except as permitted by Section 16.05.5, no vehicle or equignent shall operate any device that shall produce any noise or sound f or the purposes of attracting persons to the vending truck. (Ref. 243) 5. Exception for Fooq/Beverage Vehicles. Not withstanaing any other pravision to the contrary, foodjbeverage vehicles may sound a manually operated bell, between the hours of 10:00 a.m. and 4:30 p.m., and 6:00 p.m. to 8:00 p.m. in any area zoned conunercial or industrial, and only between the hours of 1:00 p.m. and 4:30 p.m., and 6:30 p.m. to 8:00 p.m. in any,area zoned residential or other than commercial or industrial, which produces a noise level m�easured at a distance of 50 feet fran the source no greater than 65 decibels, as def ined in Fridley City Code Chapter 124, °NO7. SE: ° . FASSID 1�ID ADOF'IID BY �IE CITY O�UNQL OF THE CITY OF FRIDLEY THIS L�1Y CF , 1985 WILLIAM J. NEE - t�'�,YOR ATTEST: SIDNEY C. 7rIMAN - QTY CI,ERK First Reading: Jime 3, 1985 Second Reading: Publication: 4 5 o�nv�vcE rlo. AN OR'DINANC� RE�DIFYING �HE FRIDLEY QTY QODE BY AN�TIDING Q3API'ER 214 IIVTITLED "SIGNS", SECTIONS 214.02, 214.06, 214.14, 214.17 AI�ID 214.21 7IiE CITY QOUrIQL OF THE CITY OF FRIDLEY DOFS ORIIAIlV AS FOLLQaS: 214.02. DEFINTTI�I.S 21. Nonconforming Sic�, Illegal. Any sign in any district which was constructed in violation of any requiranents of this Chapter, and is not a ler,al nonconforming sign. 214.14. S�iOPPING C;EN'I�RS ADID NAJLTIH,E USE BUII�DINGS 3. Existing signs within the shopping center or multiple ao not meet the requir�nents of this Chapter and/or ctefined as a legal nonconforming sign, and shall restrictions set forth in 214.17 .2. (B) 214.17. ExISTING SIGNS use building which sign plan, shall be be subject to the 2. Lega1 Nonconforming Sigis. B. A sign shall inmediately lose its "legal nonconforming" designation and be termed illegal nonconforming if: (1) The sign is altered in any way, except for routine maintenance and change of inessages, which makes the sign less in compliance with .the requirenents of this Chapter than it was before the alterations. (2) The supporting structure of the sign is reglaced or renodeled. (3) The face of the sic� is reglaced or ranodeled. (4) The sic� beoomes dilapidated or damaged and the cost of bringing it into compl iance is more than f if ty pe rcent ( 50$ ) of the val ue of said sirn, at which time all of the sign and its structure must be ranaved. (5) Notwithstanding subparagraph (1) above, upon the change of the name of the business being disglayed on this sign. 4. Illegal nonconforming signs are prohibited within the City of Fridley. Should an illegal nonconforminq sign be found to exist, the awr�er of said sign wi11 have thirty (30) days to renedy the situation in one of the following manners: A. Renwe the existing illegal nonconforming sign. If a new sign is desired, it must meet all applicable requirenents of this Chapter. B. Obtain a sic� permit for the existing illegal nonoonforming sign, and if apglicable, apply for a variance to eliminate the illegal nonconforming status. 5A Page 2 — Ordinance No. 214.21. APPEALS 3. All variances granted prior to Noveqnber 21, 1977, unl ess otherwise specif ied by Council, renain i n ef fect imtil : A. 'I'he sicpz is altered in any way, except for routine maintenance and change of inessages, which makes the sign less in compliance with the requiranents of this (�apter than it was before the alterations. B. The supporting structure of the sign is reglaoed or ranodeled. C. �he face of the sic� is reglaced or renodeled. D. 'It�e sic� becomes dilapidated or da�naged and the cost of bringing it into ooanpliance is more than fifty (50�) percent of the value of said sic�, at wY:ich time all of the sign and its structure be renwed. E. Notwithstanding subparagraph (A) above, upon the change of the name of the business being disglayed on this sign. At such time, the awner of said sign wi11 have three (3) months to obtain a sic� permit ar,d constuct a sign which meets a11 requirenents of this Chapter or, obtain a variance for any new or existing sign which does not meet all requiranents of this Chapter. - PASSID AND ADOPrID BY ZHE QTY QOUNQL OF THE QTY OF FRIALEY THIS DAY OF , 1985 0 w�,� J. r�E - r�YOR AZ'I'F�T: . SIDNEY C. INMAN - CITY (ZERK First Reading: J�e 3, 1985 Second Reading: Publication: • •� � r • • • AN ORDINANCE RDUODIF'YII� �E FR�,EY QTY �DE BY AI�'d�IDIl� Q�APTER 113 ENTITLED "REFFRJJSE DISPOSAL" BY RENAMING IT "SCLID WAS'TE DISP0.SAL ArID RE�CYQ,ING �IS�DC,TION"; BY ADDING SEGTIONS 113.08 AND 113.10 AND BY AMENDING SECTIONS 113.01, 113.02, 113.04, 113.05, 113.06, 113.07, 113.09, 113.11, 113 .12 At�ID 113.13 113.01. DEFINITIONS The follaaing def initions shall apply in the interpretation and enforcement of this Chapter and the following worc�s and terms wherever they occur in this Chapter are def ined as follaas: DEFINITIONS 0 1. Approved. Accepted by the City fallvwing its determination as to compliance with established public health practices and stanaards. � 2. Conunercial Establi:�nnent. Any pranises where a oo�rnnercial or industrial enterprise of ariy kina is carried on and shall include, but is not limited to, clubs, churches and establishments of nonprofit organizations where food is pre�ared or served or goods are sold. 3. Dwel.ling Unit. A separate-resiaential dwelling plaoe with a kitchen. 4. Garbage. �ery acc�ut:ulation of animal, vegetables or other matter that attends the pre�aration, vonsunption, disglay, dealing in or storage of ineat, fish, fowl, birds, fruit and vegetables, including the wra�•pers wasted along with such materials. 5 . Landf ill Site. A site for disposal of solid waste apprwed by the City, operated or conducted in accordance with the rules and requlations of the R�llution Control Agency as adopted in accordance with Minnesota Statutes, Section 116, as amended. 6. Person. Any person, finn, g3rtx�ership, association, carporation, company or organization of arry kind. 7. Private Garbage and Solid Waste Collectors. Any person who offers to or engages in the o�llection of garbage or sol in waste f rom any house, apa rtment, publ ic o r pr ivate institution, or cammerical establishment within the City of Fridley. 8. Recyclable Materials. All non-glossy r�ewsprint, office paper, corrugated papet, glass, aluniniun, steel ar.d "tin" cans, automobile oil and batteries; and any other materials as mutually agreed upon by the City and the hauler. 9 . Ref use. P11 solid waste products or those havir.g the character of solids rather than liquids in that they will not flow readily without additional liquid and which are composed wholly or partly of such materials as garbage, swill sweeping, cleanings, trash, rubbish, litter, industrial solici waste or domestic solid wastes; organic wastes or residue of animals sold as meat; f ruit or other vegetabl e or anima]. matter from the kitchen, dining roam, market, or food establishment of any places dealing in or handlir.g meat, fowl, grain, or vegetables; offal, animal excreta, or the carcass of animal.s; trees or shrub triiranings, grass clippings, brick, plaster or other waste matter resulting frcen the c�nolition, alteration or construction of buildings or structures; acc�zmul«ted waste materials, tires, jtmk; or other such substances which may become a nuisar.ce. 10. Residential Properties. Attached anci detached single-, double- quadrugle-dwellir.g units and mobile hanes. 11. Rubbish. , Wood, leaves, tri�nings f ran shrubs, dead trees or shavir.gs, sawdust, excelsior, w�oden ware, printed board, grass, rags, straw, boots, shoes, hat oombustibl�s not incl uded under the tenn garbage. 12. Solid Waste. triple- and branches thereof, material, paste s and all other Garbage, recyclable materials, ref use, rubbish, swill, waste matter and other discards which are nonhazardous waste. 13. 9wi11. Z�at �rticular garbac�e which is wholly or nearly edible and useable as a food ar_d has food value for animals or fowl, acc�nulating f rom animal, vegetable or other matter wasted from cluhs, hotels hospitals, restaurants and public eating glaces. 14. Waste Matter. Nlatter composed of soil, earth, sand, clay, gravel, loam, stone, brick, glaster, crockery, ashes, cinders, shells and all other noncombustible material which has been or is to be discaraed. 113.02. 9Cg,ID WASTE 00[�TAINERS RDQUIRID The occu�nt of any private dwelling, the keeper or manager of any hotel, motel restaurant, eating house, or boarding house or any buildin� where meals are served, the avrier of arYy flat or apartment house, trailer c�anp or auto oourt, and ariy other person having solid waste as herein defir�d, shall provide and keep on such prenises `• �� � �' w � I �+• • �• �• a� 6A sufficient oontair�rs for the storage of all refuse acct�nulated on the prenises between disposal or �ollection. Each such container : hall be durable, watertight, shall have a tight f itting 1 id, shall be impervious to inspects, rodents, vermin anc3 absorbtion of moisture and shall not exceed 32 gallons in size Lmless approved by the City of Fridley. All solid waste on any prenises shall be stored in the oontairyers required herein except if the same may be imn�ediately consumed or disposed of on such premises in an ir.cinerator of a type appruved by the City of Fridley. 113.03. �'Il�RQAL OONTAINERS A11 ooirnnercial, business, inaustrial, or other such establishments havir.g a voli.me in excess of one (1) cubic yard per week, and all four (4) f�nily and larrer dwellings, shall provide approved bulk or bax type solic wa.,Cte storar�.e conta.iryers or the appraved equivalent. These containers shall be so located as to be accessible to collection equignent and so as not to require an intermediate transfer. F�� is_;i , � � ir�-��v:`i� �+�y Grass cli�pings, leaves ar.d other similar solid in bags or bundles not exceeding three (3) feet n_ot exceeding 60 pounas in wei�ht and shall be avcid spillage. FM�c��I.� �. a+; i�,` v�.�i���ia�:�� ••�� •M� �r v � I�+• � WASTE waste may be placed �� in any dimension and securely fastened to All other solid waste on any prenises shall be containers.required by Sections 113.02, 113.03 and except as tr.e same may be oonsisr.ed or disposed of o as permitted by said sections. 113.06. 9CLID WASTE DISP0.SAL stored in the 113.04 hereof, n such prenises No person shall dispose of solid waste, as defined in Section 113.01.8, upon any lands in the City of Fridley except on an approved lar_dfill site; exce� that tree leaves and grass cligpings may be stored on a person's property for the purpose of recycling organic materials as a soil conditioner. This should be acoomplished so as not to create a health hazard or a nuisance to adjoining properties. 113.07. 9CGID WAS7.'E �L�3C.TICCIdi Solid waste, other than those itens oollected according to Section 113.08 hereof, shall be collected at least once every week, or more frequently if neoessary, by a collector licensed hereunder. The collector shall transfer the contents of the containers to a collection vehicle without spilling then. If any spilling occurs, the collector shall clean it up o�ngletely. Upon such collection, the containers shall be completely amptied and the lids of the oontair�ers shall be reglaced. • �. a+' •• v• r a+• � 9CLID WASTE DISP0.S�I, �� �� r' ��; �w • 6B 113.08. R�G'YCLIlQG U�LLECTION Recyclable materials shall be collected at least once a month by the collector licensed hereunder. The collector shall pickup all recyclable materials placed along the curb of residential properties located within the City of Fridley. 'It�ese materials shall then be transported by the collector to a site where they can be processed for the marketplaoe as detennined by the oontractor. 113.09. H,P,CING OF SCGID WAS't� �INER.S 1. Except for purposes of collection, all solid waste must be placed in the rear of the pranises, or it may be plaoed in the side Xard setback if screened so as to be out of view f ran the street, or in a garage located on the prenises. 2. 7�e follawing special conditions may be used to make solid waste c�ollection more convenient: A. Solid waste, except tizat which is stored in a cantainer, as aef ined in Section 113 .02 and 113.03 of this Chapter, may be placed adjacent to the curb or el sewhere on the person's property. B. Solid waste stored in contair�ers as mentioned in Section A above, may be placed inmediately adj acent to the f ront of the a'welling unit, but no further than three (3) feet from the building. • 3. Except for convenience of collection, no containers or solid waste will be allawed in the front yard for more than twenty-four (24) hours. 113.10. PLAQNG OF RFX.'XQ�ABLE I�'i'F'RT1� Properly oontained recyclable materials shall be plaoed adjacent to the curb adjoining the person's property on the day of the scheduled collection. Na containers shall be allawed adjac�ent to the curb for more than twenty-four (24) hours. 113.11. DEFECTIVE SCGID WAS'I'E QONTAIl�iERS Whenever a solid waste container is in poor repair, is corroded or otherwise defective so as to permit insects, vermin or rodents to enter, or does not meet any other requirenents of this Chapter, the collector shall notify the awner personally or by aff ixing a oog� of a notice to the contairyer. �e notice shall state the def iciency and shall require repair or replacement prior to the next collection. If the def iciency has not been oorrected, the �llector shall notify the City. �e City shall then inspect said container and if found deficient, conde�in same and order its renwal. •� . � ��1 �M •. . . w � •. r n �• v � �+- . . � •, •� • •: a �+• i i�� + • �� ��, w � �• 6C c v c� D� �l � fox mor be � REX,'YCI�ING AND SCGID WAS`l� �' RF�ULATICN License Requi ratlent. r:o �erson r ecy cl abl e clamicile, hereunuer. shall engage in haulinq or conveying solid waste or material from any premises, other than their own in the City unless that person holds a valid license Each such vehicle so used must be Iicensed. License Procedure. A. �e provisions of the License ar-�d Permit Chapter, C2�apter 11 of this Code, including the license fee shaZl apply to all licenses required by this Chapter and �t� �:e halders of such license. The tenn cf each IicenSe here�de� �hall be fram Fiay 1 tr,rough April 30 for Solid Waste Haulers and f rar! June 1 through P�y 31 for Recycling Hauters. B. Zhe applicati.on for license or renewal of license shall contain a description of the types and makes of the motor vehicles used for collection, a schedule of services to be made to the custamers, the f requency of se rv ice to be rende r ed and ful.l information as to where and haw the material aollected wi11 be disposea of and any other information the City of Fridley sha11 require. A��iLicants for licenses, after July 10, 1975, desiring to pravide routine weekly collection and r�noval of solid waste fran residences shall �rovide, as required under this Chapter, complete collection of all solid waste which normally resulis frc� �ay to aay use of this type of property except furnishings, apgtiances, building or canstruction wastes �.nd similar bulky wastes for which individuals must make special arranges�ents. The City may require vehicle inspection before �rccessing the license agplicatian. C. A�,�alicatio City for r�view that the public thereby, it may the requirenents ns for license heretmder shall be sutmitted to the and rec�mmendatian, If the C,ouncil is satisf ied neec3, convenience, ar.d good order wi11 be served grant a licens�e to any such applicati.on meeting of this Chapter. 3. License Qassificatian. A�Flicants for licenses issued hereunder shatl be issued for the follawing classes of operaticns: C1ass I- Residential R�fuse Callection Vehicle Qass II - Cammerical and 8�iness Refuse Collection tTehicle Qass III - Residentiat and C�rrrerical Refcise Callection Vehicle Qass IV - Rubbish and Waste Matter CA11ECt.ion Vehirle Qass V- Rendering Collectian Vehicle Qass VI - R�cyclir.q Collection Vehicle 4. Insurance. A. Solid Waste Haulers. A.pgl,icants for lioenses or renewats of licenses each apglication a copy of an insurance policy an endorc�snent, under which there is ooverage a shall file with or policies and s to each vehicle • aa a � � �� • i� . a+' •ar •. � to be used for loss or damage to persons in the amount of $100,000 for each person and $300,000 for each accident; and for lcss or cl�nage to property in the anount of $50,000. E�ery such policy shall provide that it shall not be cancelled or terntinated for ariy reason without at least ten (10) days written notice thereof first being given to the City. B. Recyclir.g Hauler. P�plicants for licenses or renewals of licenses shall be insured ds aef ir.ed by the oontract with the City. 5. Hours. r10 �rson engaged in hauling solid waste, garbage or recyclable material frcm residential areas within the City of Fridley shall do so before 6:30 A. M. or af ter 8: 30 P. M. on any day. Futhermore, hauling from commercial, business, inciustrial, or other such establishments shall not reasonably interfere with, or create a nuisance for, adjacent residential areas. There shall be no recyclir.g, aarbage or solid waste pick-up from residential �:�roperties on Sunday. 6. Vehicles. P_. Each vehicle for which a license is apglied for or which is licensed shall be subject to inspection by the City of Fridley at the annual renewal �ate and at all reasonable times. Any such vehicle, while it is used by the licensee in the City of Fridley, shall have the name of the licensee clearly printed on both sides. Sa.id lettering shall be at least three (3) inches in heiqht ar:d the color of the lettering and of the background shall be contrasting. B. Eac'h licensed solid waste vehicle shall have attached a clecal to be issued Yyy the City shawing the current registration. 7he decal shall be affixed to the outside of that portion of the truck body �:sed to hold garbage or solid waste. Q1d, expired or otherwise invalid decalcomania shall be removed f rom the vehicle. C. Zhe body of every solid waste vehicle licensed hereunder shall be constructed entirely of inetal or the space in the vehicle in which solid waste shall be ke� shall be completely lined with metal. All joints shall be effectively closed so that no dripping or leaking or drain off of water, liquids or any substances can occur. The loaciing sgace shall be provided with a heavy tarFaulin or equivalent cover f itted with eyes, gra�rsnets, tie ropes, or hooks so that the oover can be securely over the loaded solid waste. EVery vehicle used for collection of garbage or swill shall have a permanent metal cover. EVery vehicle shall be equipped with the necessary hand tools for cleaning up spills. D. EVery vehicle licensed hereunder shall be kept well gainted, clean and in good rep�ir. EVery such solid waste vehicle used for oollecting garbage or swill shall be cleaned every week, or more often if riecessaiy, to prevent persistent odors and shall be cleaned before being used for ar.y other purposes. E. Recyclables, garbage, solid waste, rubbish, or other waste matter shall be loaded so that none of such materials can jar loose and fall to the ground or street when the vehicle is in motion. Loose �per, trash, and similar materials shall be so secured that they cannot be dis�zlaced by the wincl or fall out of the vehicle. Contair�ers i:sed to carry solid waste in or on any vehicle shall oomgly with the requirenents of Section 113.02 here�der. F. No person shall at any time park or store any recycling or solid waste oollection vehicle on any prenises zoned for use as a single or multiple residence dwelling, within one hundred (100) feet of any aforerentioned prsnises, or within two h�dred (200� feet of any food establishment, for purpose other than, or for periods inconsistent with, providing recycling or solid waste oollection at said prenises. No person shall at any time �rk or store any loaded or �rtially loaded recycling or solid waste oollection vehicle on any prenises within the City, e�acept for tihe purpose of and for periods consistent with, providing recycling or solid waste collection at that g�roel of property. 7. Cancellation of Solid Waste Servioe. Zhe oollector shall cancel service to any permises when the only contairier or oontainers thereon have been oandanned, and may cancel service when the Farty chargeable for the c�ollection service is two (2) months or more averdue in paying for such service. When any collector cancels service to any pranises, written notice thereof shall be served upon or mailed to the occu�nt, mar�ager, or awner of the prenises and a copy of the notioe shall be mailed to the City. 113.13. ABAZ�r OF SCGID WILSTE A�JQIM7LATInN Any acciunulation of solid waste on any pranises not stored in contair�ers which comgly with this Chapter, or any acctunulation of solic waste on any prenises is hereby declared to be a nuisance and shall be abated by order of the City, as provided by hlinnesota Statutes, Sections 145.22 and 145.23, and the oost of abatenent may be assessed on the property where the nuisance was found, as prwided in said sections. 113.14. LITTII2 Minnesota Statutes, Section 609.68 are hereby adopted by reference and shall be full force and effect in City of Fridley as if set out here in f ull. 113.15. FEES 'Ihe lioense fee and expiration date shall be provided in Chapter 11 of Fridley City Code. � ��� • • �� � �• � LI'ITII2 �� sF 113.16. PII�11�1LTIFS Any violation of this Chapter is a misdemeanor and subject to all �enalties provided for such violation under the provisions of Chapter 901 of this Code. PASSID ADID ADOPI'ID BY ZHE QTY aX)NQL OF TfiE QTY OF FRIDLEY TH IS DAY OF � 1985 WILLIAM J. NEE - r�1Y0R T�TFST: SIDNEY C. II��i4Ai3 - QTY Q,ERK First Reading: June 3, 1985 Second Reading: Publication: ��� `,i=ti���a�� 6G � PLANNING COMMISSION MEETING, MAY 8, 1985 PAGE 12 3. PUBLIC NfARING: CONSIDERATION OF A PREIIMINARY PLAT, P.S. �85-01 LAWDMARK I ION, BY BERT c D Be�nG a rep at o t e pronerty escr� e as ot , ev�se u itor s ubdivision No. 71 !�lOTION BY MR. OQUIST, SECONDED BY INR. SABA, 210 OPEN THE PUBLIC XEARING ON P.S. J185-OI, LANDMARK ADDITION, BY ROBERT MCADJ41�l. UPON A VOICE VOTE, ALL VOTING AYE� CNAZRPERSON SCHNAEEL DECLARED THE PUBLIC NEARING OPEN AT 9:19 P. IN. Mr. Robinson stated the property was located north of Osborne, stretching all the way to 77th Ave., east of the railroad tracks, and west of Main St. It was a subdivision of a large piece of pronerty. The plat was for 3.61 acres. Mr. Robinson stated the proposal was for mini-storage facilities--two lon� buildinqs, approx. 42,300 sq, ft. of storage space. The structures will be 705 ft, long eacF� separated with fire wa?ls as per code. Cars will enter north of 77th. There is two-way traffic throughout the entire complex. There is approx. 10 ft, green area on the west and 5 ft. of arPen �rea on the east. The waterworks easement will stay green at the City's request. 7here would be a small office/residential facility in the northwest corner of the eroperty for a live-in caretaker for the facility. There would be four nark- tng stalls adjoininq the office/residence. There would be 22 narkinq stalls required for a development of this size. But� because there is little need for parkinq, four stalls are all that will be put in, There would be additional parking area if it would become a problem. He stated the entire area will be fenced with e 6 ft, high chain link fence with 6 strands of wire for a total of 7 ft. Mr. Robinson stated Staff was recomnending the followinq stipulations: l, Redwood or cedar slats and vines to be installed in fencinq alor,g right-of-ways and to 150 ft back from all four fence corners. Additional screening to be provided depending on future deve�opment. 2. Developer to work with the City to achieve a satisfactory landscaoe plan. 3. All storage building masonry to be rock face block, 4. Office building to be brick masonry. 5. Developer to comply with fire code requirements. 6. Developer to provide and receive approval of a standard rental _. agreement with rules and regulations for storage facilities. 1. Park fee of $3,616.36 to be paid prior to issuance of a buildinq permit. c 7A PLANNIt�G COMMISSION MEETING. MAY 8, 1985 PAGE 13 8. P1at to be recorded at the County prior to issuance of a building permit. 9. Provide a performance bond or letter of credit t� the amount of s15,000. Mr, Minton asked who aould approve the rental aqreement--the Planning Commission or City Staff. He would have a concern if the Planning Comnission , Nas supposed to approve the rental agreement, Mr. Robinson stated Staff could approve the rental aqreement. Ms. Schnabel stated she was concerned about puttinq a residential dwellinQ in M-2 zoning. Mr. Robinson stated tt was an allowa6le use:dwelling in an M-2 zone for a watch person is considered,an accessory use. Mr. McAdam stated he had no problems with the stipulations. He was aqainst thE redwood or cedar slats in the fencing only becuase they are easily broken. Mr, McAdam stated some of the storaqe qaraqes in surroundinv areas have liqhts on the interior. He stated he was not providing interior lighting. There will be electric outlets on the exterior every 40 ft, so if someone wanted to get into a storage garage at night, the caretaker would provide a tro�.:ble light. He stated the renters wi11 not be allowed to store any f1amT�able mater�als, He stated this is one of the cleanest businesses. because it does nnt create any pollution or traffic and is a very small burden on the Fire Dept. and Police Dept. It may even clean up the City as it will provide storaqe for people. MOTICW IiY !!R. OQUIS?, SECONDED BY MR. PlIN'"ON, TO CLOSF. THE PL'BLIC HEAR:!�G ON P.S. N85-01, L4hDlYARK ADDITIAN, BY ROBERT PIcAD.4Al. UPOA A VOICE VOTE, 11LL VOT27�G AY£, CHAIRh�OMAN SCHNABEL DECLARED THF. PUBLIC HEARII►G CLOSED AT 9:43 P.N. 1NOTIOh BY !�lR. MINTOh , SECOtiDED BY �1R. S118A, TO RECQN.MF.ND TO CITY CO('.'VC: L APPROVAL OF PR£LIMINARY PLAT, P.S. M85-01, I.ANDNARK .tDDITIOti, BY ROBEP.T McADA+', BEING A rZEP.'.AT OF TH£ i�ROPERTY DESCRIBED AS LOT 5, REVISED AUDITOP.'S SUB- DNISION NO. i 7, IiITN THE FOLIAWING STIPULATIONS: 1. REDWOOD OR CEDAR SLA7'S ANA VINES TO BE INSTALLED ZN FENCING ALOt:G RICIfT-OF-h*AYS AND TO 150 FEET BACK PROM. JI LL FOUR FENC£ CORNEP.S. ADDITIONAL SCREENING TO BE PRQVIDED DEPENDING ON PUTURE DEVF.LOPN.F.!::. 2. DEVELOPER T�0 MORY. WITH THE CITY T17 11CNIEVE A SATISFIICTORY LANDSCIiPE PLAh' . 3. JILL STORAGE BUILDING MASONP.Y TD BE ROCK F110E BLOCK. 4. OFFICE BUILDING � BE BRICK MASONRY• 5. DEVEZAPER TU CQ�IPLY f�ITN FIRE CODE RBpC'IREMENTS. 6. DEVELOPER TO PROVIDE AND RECEIVE APPP.OVAL FROM CITY STAFF OF A STANDARD RENTAL 11GREEKENT MITH RULES AND REGULATIONS FOA. STORAGE FACILITIES. PLAN�Ir�G CO�n�ISSION �EETING. MAY 8, 1985 PAGE la 7. PARK FEE OF 53,616.36 TO BE PAID PRIOR T�D ISSUJWCE OF a BUILDING PERXIT. 8. PLAT TO BE RECORDED JIT COUNTY PRIOR 41D ISSUIWCE OF � BUILDING FERX?T. 9. PROVIDS 11 PERFORI�IANCE BG1�VD OR LETTER OF CREDIT IN TAE AM�Ul►T OF SI5,000. UPON A VOICE VOTE, 11LL VOTZNG 11YE, CHAIRWOMAlti SCtWABEL DECLARED THE MOTIO�ti CARRIED UNANIPlOUSLY. Ms. Schnabel stated this would go to City_Council on May 20. 4. TABLEO 2/27/85 LOT SPLIT REQUEST� L.S. +�85-03, BY ROBERT GILSTAD: Snlit o t e aster eet, except t e rt r y feet of part o Lot 1� Auditor's Subdiv ion No. 25 (see file for complete legal) to be used as a parking lot or the apartments on Lynde Orive. (Moore Lake Apartments Co�plex) Mr. Robinson stated his item has been tabled indefinitely. Ms. Schnabel stated t y should put some type of time limit on this item. The Comnissioners agre to keep l5 #�85-03 on the table for six months. 5. COr�TIra�ED �ROM EARLIER I� THE MEETING: COr�SIDERATION 0� A SPECiAI USE Ms. Schnabel stated it did , L1►VJ"W"1. t 3ppear that the petitioner was goinq to return. !�lOTI�ti BY !fR. OQUIST, SECOND B}' !!R. KOtiDRICX, TO TABLE SPECIAL US£ PE'P.�:" REy�UEST, SP M85-OQ, UNTIL TNE £XT NEE:ING. UPOt� A VDICE VOTE, ALL VOTING A2�, CHAIRWOMAIC SCNNRBEL DECLARED TNE MO"'Ivt: CARRIED UNAJ►'IH�USLi . � ' 6. REVIEW OF AN ORDINA��CE RECODIFYIt�G�THE FRIOL_EY CITY CODE BY ADOPTI'JG A NEw ENTIRETY: Mr. Nielsen stated he had a problem wi h this ordinance because the City enforces the ordinance for some people nd not for athers. He fFlt the ordinance had no value whatsoever if it 's not enforced equally. Mr. Robinson stated that in the past. the has not been much in the ordinance that addressed baulevards, and they wanted o strengthen the boulevard cleanliness issues so they put someti�ing in he ordinance about the boulevards, especially abaut dumping on the boulevards. Mr, Robinson stated Section 105.04 had a timet%ble for the maintenance af houlevard areas, which was a big change from th� first ordinance. 7B P•S.=85-01 Robert McAdam 'T - �- -- . -- - - - . � � • • ..� " .ar,c - . 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P.S. #85-01 7F 0 CZTY OF' F'RILII�E.'Y MEMORANDOM 'P0: NASIM M. 4URF�l, QTY MANAGIIt FROM: SID INi�+g�N, DIRDCTOR OF ((�IRAL SERVI!(FS SUBJECT: I.FASE OF �iE "A" FitANE �ATE: JUI� 3, 1985 I receivea a call frcm N'.r. �oger Schmaus, School District No. 14, and the}° would like to once again �e�ew the lease for the "A" Frame with the same considerations as in the past. They would like to lease the building frcm August 26, 1985 to June 5, 1986. I have discussen this with Dr. Boudreau and he concurs that we should oontinue the lease, therefore, I will glaoe it on the J�e 17, 1985 agenda. If you have any questions prior to then, please let me know. SQ:sh cc: M.r. Q�uck Boudreau, Parks & Recreation Director t"s. John Flora, Public Works Director . N�r. Ralph Vol{anan, Public Works Superintendent 3/0/4/11 9A AGREF2•IENT OF LF.ASE Zhis Agree�ent, made this day of , 1985 , by and between the City of Fridley (hereinafter designated as "Lessor") and Independent School District No. 14, (hereinafter desic�ated as "Lessee"). WIZIvF�SE'�i : That the Lessor, for and in consideration of the terms, covenants, rents and conditions, herein mentioned, to be �aid and performed by Lessee, c3oes hereby denise an� let on to saic] Lessee, and the said Lessee does hereby hire and take fror�� the Lessor the following described prer;ises - situated in the City of Fridley, County of Anoka, State of tlinne�ota, t�wit: Zfie "A" fra�e building located at t]orth Innsbruck Park, Arthur Street, Fricley, t•linnesota .To have and to hold the same just as it is, without liability on the part of the Lessor to make alterations, and impravements or repr�irs of any kind in and about the demised prenises, except as and if otherwise set forth herein, beginning August 26, 1985 and ending June 5, 1Q86. 1. Lessee agrees to and with Lessor to g3y Lessor as and for the rent for the abov�r,ientiored preaises monthly installments of 5555 each month, in advance, on the f irst day of each and every r.�onth dur ing the f ul l tern of this Lease at the offioe of the Lessor or at such other places as Lessor may in writing designate. In addition to the rent specified in the preoeding paragraph, Lessee agrees to provide for the cleaning of the building's interior, the naintenance af the side walks and the upkeep of the lawn. Further, the Lessee shall prrnr.ptly pay the costs of all 9B utilities, including but not limited to, electricity, natural gas, telE:phone, sewer, water and refuse reawal. Tfie Lessor agrees to provide all snow removal for the parking lot which is irmediately adjaoent to and which servioes the demised property. 2. Lessee shall procure insurance on the contents of the building during the term of the lease. 3. Lessee oovenants and agrees that it will make no structural change or major �lteration without the Lessor's consent, which consent shall not be unreasonably withheld. The Lessee further covenants that it will promptly pay for any such alterations, re�irs or maintenance made to the �nised properties so that no mechanics liens will be filed against the " property. 4. Lessee agrees to �y for all special require�nents for utilities such as gas, ste�, water and electricity. Charges for such utilities shall be paid by Lessee and in the event such charges are not paid when due, the same shall constitute a default hereun�er on the part of the Lessee. 5. Lessee agrees that it will not sublet the demised prer:ises or ar.y p3rt thereof, and will not assi� this Lease or any other interest therein. 6. �e parties hereto mutually agree that if the c3e�^ised pr�ises are partially or totally aestrayed by fire, or other hazards, then Lessor nay, but is not obligated to, repair and restore the c3eaised prenises as soon as is reasonably practical, to subtantially the same condition in which the der►ised prer,ises were before such c�age. 7. Any trade f ixtures, equignent and other property installed in or attached to the c]e�ised prenises by or at the expense of the Lessee shall renain the property of the Lessee and the Lessor agrees that the Lessee shall have the right at any time and frcn time to time to renove an}� and all of its trade fixtures, equip�ent and other property which it may have stored upon or affixed to the d�ised pre�ises; provided, however, that in the event of such removal, Lessee shall restore the premises to substantially the sarae condition in which the premises were at the time Lessee took possession. . 6. Lessee agrees to pay to the Lessor on demand, the cost of any re�ir� to the prer.ises if such repairs are made necessary by Lessee's misuse or negligence, or the misuse or negligence of Lessee's guests. Lessee agrees to make the aforenentioned p3yment no later than the f irst day of t�ie r.ionth following notif ication f rom the Lessor of the Lessee' s responsibility for this pa}�ent. 9. �e Lessee agrees to pramptly notify the Lessor of an�• dangercus oonditions in the prer,ises provided by the Lessor. 10. The Lessee aarees to vacate the premises on or before the terr�ination date of this Lease or any renewal or extension as providea by this Lease, If the Lessee fail� to vacate on or before the required date, he shall be liable to the Lessor for any and all losses incurred by the Lessor as a result of such failure. Upon vacating, the Lessee agrees to leave the prenises in the condition at the commencement of the tenancy, ordinary wear and tear excepted. 11. Lessor shall at all times have the right to enter upon said 9C � pre;�ises to inspect their condition and at his election to r,iake reasonable and neoessary rep�irs thereon for the protection and preservation thereof, but nothing herein shall be construed to require the Lessor to make such repairs, and the Lessor shall not be liable to the Lessee for failure or delay in making such repairs, or for damage or injury to persons or property caused in or by the making of such repairs, or the doing of such work. 12. If the Lessee shall make default in any oovenant or agreement to be perfarmed by it and if after written notioe fran Lessor to Lessee, such default shall oontinue for a period of five (5) days or if the leaseholc interest of the Lessee shall be taken on execution or other process of law, or if the Lessee shall petition to be or be declared bankruFt. or insolvent according to law, then, and in any of said cases, the Lessor r�ay ir�:tiediately or at ar�y time thereaf ter, without f ur ther noti ce or demand, enter into and upon said prenises or any part thereof and take absolute possession of the sar,�e fully and absolutely without such re-entry working a forfeiture of the rents to be paid and the oovenants to be performed by the Lessee for the full tertn of this Lease and at Lessor's election, Lessor r,�y�• either lease or sublet such prenises or ar�y part therof on such terms an� conditions and for such rents and for such time as the Lessor nay reasor�ble elect and after crediting the rent actually collected by the Lessor fror^ such re--letting, the Lessee, its respective heirs, legal representatives, sucoessors and assi�s, and interests shall be liable to the Lessor for any balance re�iaining due on the rent or reserved undEr this Lease; or the Lessor r.�ay at his option, c3eclare this Lease forfeited and may take full and absolute possession of said premises free frot�t any subseguent rights of the Lessee. • � � �hat in the event of default by the Lessee, Lessee shall conpensate the Lessor for all reasonable attorneys fees, expenses and costs incurred by the Lessor in either reacquiring possession of the property or for bringing an action for recovery of unpaid re�t. In the event that the Lessee vacates the prsnises an�d defaults in any of the terms of this Lease without giving formal notice of termina tion of the Lease, the Lessor has a right to reenter and take possession of the pr enises. 13. ��7herein in this Lease it shall be required or permitted that notioe or denand be given or served by either �rty to this Lease to or on the other, such notioe or der�and shall be given or served anci shall not be dee;,ed to have been given or served unless in writing and forwaraed by r,iail addressed as follows: To the Lessor: Fridley City t�Sanager Fridley City Hall 6431 University Avenue Fric�ley, I�.inr�esota 55432 :b the Lessee: Independent School District P+o. 14 6000 West ASoore Lake Drive Fric'1ey, N:.innesota 55432 Such addresses r,iay be changed from time to time by either party ty sen•ioe of notiae as above provided. 14. Z�e Lessor and the Lessee agree that all of the pravisions hereof are to be construed as covenants and agreenents. 15. �;fiere appropriate, singular terms include the plural, and pronouns 9E of one gender include both genders. ' 16. In the event that non-public f�mds ar�� teaninated or si�ificantly reduoed which causes one program tv pr�r:aturely close, the lessee shall notify the lessor and shall be allawed to terminate the lease within thirty (30) days due to the lack of ftmds. It� �aIZTIFSS �'7HE�tDOF, the Lessor and Lessee have caused their respective names to be subscribed ta this Lease on the _____ day of , 1985. 0 Lessors: City of Fricley By� Wi 1 i am J. Nee, Mayor BY� Nasim M. Qureshi, City Manaver Lessee: IrK3ependent School District ho. 14 BY� Its 0 9F 10 RESOLUTION NO. RESOLUTION GIVING pRELIMINARY APPROVAL TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUS- TRIAL DEVELOPMENT ACT, REFERRiNG THE PROPOSAL TO THE MINNESOTA OEPART�[ENT OF ENERGY AND ECONOMIC DEVELOPMENT FOR APPROVAL AND AUTHO- RIZING PAEPP,RATZON OF NECESSARY DOCUMENTS. (TYSON DEVELOPME�'T) HE IT RESOLVED by the City Council (the "Council"j of the City oi Fridley, Minnesota (the "City"), as follows: 1. It is hereby found, determined and declared as follows: 1.1. The welfare of the State of Minnesota (the "State") requires active promotion, attraction, encour- agement and development of economically sound industry and commerce through governmental acts to prevent, so faz as possible, emergence of blighted lands and areas of chronic unemployment, and it is the policy of the State to facilitate and encourage action by local gov- ernment units to prevent the economic deterioration of such areas to the point where the process can be re- versed only by total redevelopment through the use of local, state and federal funds derived from taxation, with the attendant necessity of relocating d�splaced persons and of duplicating public services in other azeas. 1.2. Technological change has caused a shift to a siqnificant degree in the area of opportunity for edu- cated youth to processing, transporting, marketing, service and other industries, and unless existing �and related industries are retained and new industries are developed to use the avai2able resources of the City, a large part of the existinq investment of the community and of the State as a whole in educational and public service facilities will be lost, and the movement of talented, educated personnel of mature age to areas where their services may be effectively used and com- pensated and the lessening attraction of persons and businesses from other areas for purposes of industry, commerce and tourism will deprive the City and the State of the economic and human resources needed as a base for providing governmental services and facilities for the remaining population. 1.3. The in�zease in the amount and cost of govern- mental services requires the need for more intensive development and use of land to provide an adequate tax base to finance these costs. 1.4. Tyson Development, a Minnesota qeneral part- nership (the "Company"), has advised the Council that it desires to ur�dertake a project which consists of the acquisition of land and the construction and equipping thereon of an approximately 140,000 square foot ware- house and office facility (the "Project"), to be located in an area generally bounded by Hickory Street N.E. on the east, North Park on the north, the Burlington Nor- thern Railroad tracks on the west, and the Westerby extension off 81st Street N.E. on the south, in the City. 1.5. The contribute to land, thereby opportunities existence of the more intensive increasing the in the City. Project in the City will development and use of tax base and employment 1.6. The City has been advised by the Company and on that basis hereby finds that conventional, commercial financing to pay the capital cost of the Project is available at such costs of borrowing that the Project would not be economically feasible and would not be undertaken but for the availability of industrial devel- opment bond financing therefor. 1.7. This Council has been advised by• Midway National Hank of the financial feasability of the Proj- ec, as so undertaken with the assistance of the City, or of its intention to purchase commercial or industrial revenue obligations of the City to finance the Project. 1.8. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds, notes or other obligations to finance the cost, in whole or in part, of the acquisition, construction, reconstruction, improve- ment, bettern�ent or extension of capital projects con- sisting of properties used and useful in connection with a revenue producing enterprise, including the Project, and the issuance of such obligations by the City would be a substantial inducement to the Company to construct its facility in the City. 1.9. The City has been advised by O'Connor & Hannan, Minneapolis, Minnesota, who shall act as bond counsel to the City with respect to the Project, that the Project constitutes a"project" within the meaning of Minnesota Statutes, Chapter 474. 2. On the basis of it appears that it would to issue its obligations information given the City to date, be in the best interest of the City (the "Bonds") under the provisions - 2 - 10A � 10B of Minnesota Statutes, Chapter 474, to finance the Project in an amount presently estimated not to exceed $4,500,000. 3. The Project and the related financing thereof by the City are hereby given preliminary approval, and the issuance of the Bonds for such purpose and in such estimated amount is hereby approved, subject to approval of the Proj- ect by the Minnesota Department of Energy and Economic De- velopment (the "Department") and to the mutual agreement of the Council, the Company and t�e initiai purchasers of the Bonds as to the details and provision for payment of the Bonds. In all events, it is understood, however, that the Bonds shall not constitute a debt of the City or a charge, lien or encumbrance, legal or equitable, upon any property of the City except its interest in the Project, and each of the Bonds when, as and if issued shall recite in substance that it is payable solely from the revenues received from the Project and property pledged to th€ payment thereof. 4. In accordance 474.01, Subdivision 7a, directed to submit the partment for approval. ployees and agents of provide the Department needed for this purpose ate and assist in the � be appropriate to the P� with Minnesota Statutes, Section the Mayor is hereby authorized and proposal for the Project to the De- The Mayor and other officers,. em- the City are hereby authorized to with any preliminary information and are further authorized to initi- �reparation of such documents as may oject and the financing thereof. 5: The adoption of this resolution by the Council does not constitute a guarantee or a firni commitment that the City will issue the Bonds as requested by the Company. The City retains the right in its sole discretion to withdraw from participation and accordingly not issue the Bonds should the City determine that it is in the best interest of the City not to do so or should the parties to the transac- tion be unab2e to reach agreement on the terms thereof. Adopted by the Fridley City Coun�il on June 17, 1985. - 3 - �a�c��c� r�. -19�5 A RFSCi,t��'ION C�ONFIRr?7�NG PPPC17N7 NFNS'S TO 3 H F: GITY OF FRlII,}�:Y CY;I�t�+] �S7CI�'� FC�t 7f�E YF� 1985 �,'FFR�S, thF City Cbu�cil al�.oir_ts r,ianbers to Corunissions to perforn finctions outl�.r�c ar_d authoriz� b� i'ity Q�c3e �iapter 6, 102, 450.12 (2) and to other orgariz�tions and mmnittees as caeened ac�isahte; and WHFREF�S, �� r�i Ew cf v�?rar_cies ar_d rea��ir.tments are conc;uctea prior to A�ril ):�t ar_d new o��oir.tn�ents ar_d rea�+�oir?tments are r�acae at that time; anci WHFRFAS, �cter.�ion of some appointments are qometir�ies necessary to insure c�ontinuity ir m�nt,ership of such Comnissians when certair_ extensions of al�nir�tsr�E��,t� are c�e�nec' esser:tial to �fficier.cy; NCW, �iFR��CR�; AF' IT RFSCLVFa, the follcwir_�� a�.poir.t�:e�?ts ar_d re���ir.tments are o�rfi�ti�', made or �xtended b� the City Cb�cil af the CYty of Fric� cy, as of J�me 17, 1985 or �ffective c�.ite as ir_ciic�te�: t4�Y0R I�tO �:1�� -- Cc t�- ::; _ r�:r� T'.� �t �r i: Sc r re i c':E=r • ; , n��(_�: G�-.eral Q,�ai r��er son C2�ai r� �r : �n I7;�irc�7'Ii�Ei?t� �1�.2� Cor�m � � :-�,i � �r� Chai. r��-r:c:r; Corr,iz?it�� L�vF.lc�r��ent ctinm i ��i �>i, �ai r���r:�:r_ F'arks & Recreatior_ annm i ssi on Chai rper s�n �Feal s (t�mn i � i c�n Chai r;�i: �r_ F'tr�:i; Re�i�roes Conari._ior_ Chai r�er sc�n IYerc�' c�uni �sior_ AZ�IIv7' FND N�itiLY APNC�IN7�E:L` ����.�K?]�2'F�? _t":�'���:�.� .`:�.�'��_ ��.k�.��S ��: � L • u�� �. �e : ��l�+� � � Vir,iria Schnak�el 1527 F�inclanere C5.rc1e N. E. (, H. 571-331 £3) 47ay r.e 4Te11 ar_ 67�3 CVerton r•rive r�. E. ;F+.571-a141) (8.571-1UU0) I�ERcyy �,ui:t 1G11 F�c-.l�:�r_ Circle N. E. {r'.577-C�15) (F.6�2-3E32) I'avid Konc�rick 2s0 stoneybrook way N. E. (N.571-2359) (B.521-4767) F�htricia Gabel 5947 - 2 1/2 St. N. E. fH.571-12�£3) {R.571-4600) Rckert ti r�tor 153 8 P,crth Ck�erl i r� Ci r�1 e ri�.57�-1173) 18.633-5354) rear. Saba 63�5 �'ar_ Buren N. E. (F.571-1953) (B.635-5860) 4-1-88 4-1-£�8 4-1-87 4-1-88 4-1-88 4-1-86 4-1-86 11 Fa�e 2 — Pe�lvtion Nc. � 1 µ� _ � - 1985 .•��' . �� Y '••I �i� • : C • ' �� l� �� µ1_ : �!' � � � � � SDM�TITY�FUE�OPMF�JI' S�I'����.Sl�_��P.��k� �Z����$�S_--- 3��? 2��i� c_�;�1� rtr�r-:yar, Vice Chai rper son F �Ft�y Cc: ui :t 1C11 i�aclanarn Cirrle N. E. (H.57I-0415) (E.642-3832) F+lfrc-c� Gabel 5947 2 1/2 Str eet Pl. E. (H.571-1288) (B. 561-8800) Dr. Kenneth Vos SSC 6��tr I�v�.�e N. F. t fT. 571-?2 46 ) 4-1-=87 4-1-87 4-1-E8 � Lot;i � Scr�r;i�t 4-1-£� 7�CC Fast YivEr Rcac� N. E. (��.577-155%) {�.S?]-�2U1 :: �'6�7) Ger_e Fc�cc 1�F, � c'<�� F i c;t: I� I�C' ;}-�c��_cClc� !:-� -L 6 PF,hKS AND�.�TI�1 QOA'II�III�TON (Char�ker 6� (5 rs - 3 Year Ternil Q�air�er9on Lhvid Kor_crick 4-1-88 2�0 Stoi �ey k;r ook F; �y r'. F. ��..571-�3�5�} ;�'.`�:1-4767) ��i.c�--Crcir�F�J :+or� r�ry �chrF� i�er Et�l C<�}�l�_i� :trE�t t�E (E�.571-3C45) (II.571-1010) Steve Nel_�r 654Q I G:t Riv E-r R.c. ,�3�2 (F.571-14�4) Pick �o��?, �6S5 �tsrc.y St. t�. E. f H.571-�098) Dani e]. Al I en 62C0 �ce Creek Drive N. E. (H.571-3137)�B.373-095b) 4-] -�E 4-1-87 4-1-E6 9-1-86 11A Pa ��e 3-- F�sol uti on No. _- 1985 �.ti!� ._ • •'�.y ' � Y . •.�I �1� � . . • �� � S 91' �� ���� i- . � • � _ L - , • Y' •L � i� �� • H�. � � � � � � _. � C2:ai r�F�r :t�r Vice-C�ai rper �n Patxicia Gabel. 5947 - 2 1/2 St. N. E. rx.571-1288) (8.571-4600) A1 ex P. P,arna 56C �'ugo street r?. E. (, Y,. 7 84-546 8) Je�r. Gerou 1650 Briariale Rd. N. E. fH.571-6736)(B.331-2623) Donal d R. Betz ol d 16 Ol t1o. Innsbr uck Dr .#201 (H.571-0098) (B.533-1555) 4-1-88 4-1-a8 4-1-87 4-1-87 Janes Pl anel 4-1-86 6 86 4�ac�r►el Road N. E. (H.571-0026)(B.421-4760x1126) �,►� ;,� �i,�i���-= �.�►. v �� „�„r � ��� � - • w =a�' = !�� '� �ai ri�r �on Vic�-Q�ai rper son Wayne Wellan 67 93 Ov er ton Dr iv e N E (H.571-4141)(B.571-1000) Thcnas Gronluld 7�1 Lyric Larbe NE (H.786-7459) (B.37o-3688) l�faynard Nielson 7144 Riverview Terraoe N. E. (H.571-6608) (B.571-0761) Richard S�anda 1521 Wooc�ide �urt NE (H.571-6154) (B.296-7333) Bruce Peter9on 7503 �snpo Terraoe N. E. (H.786-9898� (B.853-8909� 4-1-88 4-1-86 4-1-88 4-1-88 4-1-86 11B Paae 4—:��cl �,ti or_ lvo. _- 1985 PRFSFNT AND NHaLY APPC)7NTID �ONl�IISSION 0��2FAPPOINrID MENBER TII2M��IRFS HUMAN R� mNII�SSION �Q��er 6( 5 Menbers - 3 Year Tern�-- Qzair��ers�n Robert Nir:t.on 4-I-86 153 8 Ivor th Oberl in (� rc1 e (H.574-1173) (B.633-5354) Vice-C17ai r�.er son Susan Sherek 4-1-87 1530 73-1/2 Av�ue N. E. ( H. 7 84-6 444 ) Steve Billings 5215 Li ncnl n Str eet N. E (H.571-5457) Harc�l d B el rnan 191 HartTnan a rcl e N. E. ( H. 571-1191) Barta�ra K�cher 7650 Jackson Street NE (H.786-0944) �1i�1?I�.l� ��iV�V� _ � �'�- !1 " • 4`ti! " " ,' !�1 Q:ai r��er son Vic�-�ai r��er 9on Dean Saba 6325 Van Buren N. E. (H.571-1953) {B.635-5860) Brac�.� Sielaff 6770 Pla¢a CUrve, N. E. (H.574-0470) (B.296-7753) Gl� D�ugl as 861 66 th Av enue N. E. (H.571-2074) (B.635-7029) Dal e Thanpson , 4976 3rd Street N. E. ( H. 57 2-86 84 )( B. 2 96-77 53 ) Bruce Boncbw 6616 Cer_tral Avenue NE (H.571-0163) (B.3?F�-8084) 4-1-87 4-1-88 4-1-86 4-1-86 � 4-1-87 , :T: 4-1-P,6 11C Pa ;e 5— 1'�sol �,ti cx� Na _- 1985 ..�� . � ...• �+� � u 4r • • ; � _ � • �� �,� �� ,�i_ : a+• y?+� ,� �►, • �_ t: __ �_�� �, •� „i„� . �, •_•_•; -�--• � � � ;�,�_•_- _ _ _ �- ���� Q1ai rper son Vic�Chai rper son 0 Duane Peter�n 1021 Hathaway I,ane N. E. (H.571-33£i6) (B.374r-1120) Ral� Sto�fer 6065 r•Scxi nt ey str eet N. E. . (H.571-1735) (B.647-5820 Earkx�ra Huc�es 548 Fiae �eek Terrace N. E. (H.571-6182) (B.224-4901) Burt Weaver 928 Rioe CYeek Terraoe N. E. (H.571-4237)(B.571-1249) Eda ar d Ka spsz a.k 1317 f�illcrest Drive N. E. (H.571-0441) (E.339-0549) 4-1-86 4-1-87 4-1- 87 4-1-87 4-1-88 's � .?►._: �. , r.. _: ►i� : �� _/�I � .0 ?+.1__ : �4z� : �� u�:�i. - - t- t�i Qzai r�r aon Vi.oe-Chai rper �on Larry Cbr�mers 5212 St. Iroritz Drive N. E. (H.571-8925) (B.339-3355) F�Lr�,ars A. Prieciitis 6031 BErrj anin St. N. E. (H.571-7230) (B.332-1401) Walter Rassmussen 7806 Alden Way N. E. (H.571-6262) (B.37�8811) Duane Pr ai ri e 489 Rioe Creek Terraoe N.E. ( H. 571-3 993 )( B. 7 86-9800 ) Carolyn SV endsen 6171 Kerry Lane N.E. (H.571-6060) (B.571-2345) . • S 6-�-86 6-9-87 6-9-i38 . • •� 11D { 71E Paue 6-- �sol tzti on No. _- 1985 .. � � ♦ � Y ♦ • .� I �i� ��11�4� . � � • i_* .' � S � - K��F S!9�� ( C�aute� i02�� �►�ers-3 Year Term}_ clz�i r��r �on Vic�e-Chai rY�er: on John h. Fiinsverk 17C F;�.rtman C`ircle NE (H.571-6038)(E.425-4541) A�avis Hauoe 6�.5 67th A�enue NF ( H. 571-10 83 ) Tim B rei cier 7550 'l��r� Terrace N. E. (H.786-5341) 4-1-88 4-1-E6 4-1-87 ANOKA CX7UNI'Y LAN FNFORCEl�NT Q�1NC'� (1 Repre9entative and 1 Alternate) O�uncilman 5chneider, Fiepr. O��mcilr.wr: Barr�ette, Alt. qlBi11���1 � RATE AU�iC�tITY (1 Manber and 1 Alternate) N�'. �aard H�nerruk, F�e�x. John Fl ora, R�bl ic Wor ks Di rector, A1 t. 12-31-85 12-31-85 12-31-85 12-31-85 �i R�LT�FN SFy�FR SFFtVIC'�; BCARU {1 F;E�F�esentative and 1 Alternate) Q»cilnar_ Barnette, F�eFx. O��cilr.�ar_. Schr.eider, Alt. ASSOQATICN OF 1��20FCL ITAN M)NIQ F�L ITIFS Q� taic,il r:�n �. t� �s tr i ck, L�el Paa te ��ncilr.u-�n GccxlgeeG, Alt. S�OQ, DIS7RICT #14 Q�I�'AiJNITY SCHOQ, ADVISC`RY �CTN(�, O�ta�ci.lmall Barnette, R�epr. S�OCL DIS�ICT �13 RET�tFSFNTATNE 12-31-85 12-31-85 12-31-85 12-31-85 12-31-85 ��ncilr.k�n Fitz�atrick, FeF�. 12-31-85 F� �� 7-- I;e�l Lti on No. = 1985 SQ30CL DIS�'tICT #16 REIRE5FN7�,TIVE Q�tmcilr.k+r_ Ccoc'�peec, F�gr. LF�GIJE OF M1NIV�SSOrJp MJNIQF�LITIES O�tmcilr:�an F7.tz��trick, Fe�.r. Cb�r��ilr,r�r, �chrFii�r, F1t. 12-31-85 12-31-F35 1?-3]-85 ����F�; �#U AL�OPi'f�D BY �?E CTTY Q�UNQL OF 'IHE GTTY OF FRIII�F�1' 7NIS L�,Y OF _, , 1985 . — --------------------------- WILL IAM J. NE� - tAYOR A1TF,5`!': 0 .' - - ' - - ' ' - - - ' �' -._ ' _ ' ' ' ' ' - ' _ _ ' QTY Q,FRK - SIINEY C, nvr�rr 3/7/1�2 11F � C1FiE CT ORATE � OF pue�ic woRKs ��N� MEMOFiANGUM F RI DL.FY �,�� 5/30/85 ��Or 1►�.�0hn Flora, Public Works Director iu��ECT Mississippi Street Lighting Project � � �o 00 ..� �� ° - �- �� PW 85-152 asim Qureshi, City Manager , � :, .:t�o1 �w o — - — _ __._ _ _.� -� On Tuesday, May 21, 1985, at 11:00 a.m. at the Civic Center, we opened bids for the Mississippi Street Lighting Project. Eleven electrical contractors expressed interested in this project. Eight bids were received, with the low bidder being Killmer Electric with a bid of 542,880.00. Recommend the Council receive the bids and award the contract to Killmer Electric. JGF:jmo ffISSISSIPPI STFEET LIGHTI`1G PROJECT B I D OPEI�J I NG : TUESDAY, � 1�Y 21, �1935 AT 11: 00 A. M. PL�r�f;OIDER BO�ID TOT�L SID Rcyal E1Kt�1c 7401 Ctntr�l Avenue N.E. Fridley. MM 55432 , Ridgeaale Electrit ' S24 Brimhall Avenue Box 450 Lo�a lake, MN 55356 Ca�nes Group 14615 Martin Orive Eden Prairie. MN 55344 Lighting Associates Inc. �216 Boone Avenue North Suite 56 . i nnaa�n] i L �'i'V �+S42P. Bacon's Electrit 6525 Central Ave�ue N..E. �ridley. Mh 55432 Etectric Ser�ice Co. 1609 Cnicago A�enue Minneapolis. MN 55404 Killmer Electrit 7901 Brooklyn Qoulevard Rrookly� �lrk, Mh 55445 Wagoner Electric � 901 East Ripley Street � Litchfitld. MN 55355 Hunt Electric Corp. ?300 Ttrritori�l Road St. Paul. MN 55114 Desiyn E1K trit P.O. Box 1252 St. Cloud. MN 56302 Pie�son-Milcox Elect�ic. Co. 6 East Nineteenth Street Minneapolis. MN 55403 5X TransAmerica S 45,367.00 5x Capitol 5A United 5K United 5" United 5� St. Paul Fire 5A American 5� Central S 52.100.00 No Bid No Bid E 49,995.00 5 46,846.00 5 42,880.00 No Bid � 48,950.00 S 51,772.00 S 59,649.00 12A ', FOR CONCURRENCE BY THE CITY COUNCIL -- CLAIMS � 3 June 17, 1985 CLAIMS 2930 - 3066 - -. /i t: FOA CONCURRENCE BY THE CITY COUNCIL June 17. 1985 �pe of License: CIGARETTE Target Northern Operations 6499 University Ave.N.E. Fridley, t4n. 55432 FOOD ESTABLISHMENT Target PJorthern Operations 6499 University Ave.N.E. Fr-idley, Mn. 55432 ITINERANT FOOD PERPIIT Hockey Association of Friciley 1243 Gardena Ave.N.E. Fridley, Mn. United Stores, Inc. 785 - 53rd Ave.N.E. Fridley,Mn. 55421 Ma ry Bu ry 6325 Edgemont B�1vd.W. ' Brooklyn Pk.,Mn. 55428 PUBLIC DP,If•�KING North Air Home Assoc. 6331 Hwy. fi65 N.E. Fridley, �1n. 55432 Ronnie's Pub 240 Mississippi St.N.E. Fridley, Mn. 55432 REFUSE HAULER L & N Disposal 3417 -85th Ave.N.E. Mpls. Mn. Browning Ferris 9813 Flying Cloud Dr. Eden Prairie, Mn. 55343 TRANSIENT MERCHANT Scott James Koch 1450 Knoll Dr. Shoreview, Mn. 55112 : Twin City Vending Twin City Vending Robert Sroka Benjamin Rischall Same Gayne J. Maloney James D. Hennessey Larry P. Nelson lJayne R. Frana Same �proved By: —• LICENSES James P. Hill Public Safety Director 14 �ees• $12.00 $45.00 Asking Fees to be waived $30,00 { $30.00 James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill �300.00 �300.00 $90.00 $120.00 a60.00 = FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES JUNE 17, 1985 EXCAVATING Weleski & Son Rou te # 3 Princeton, t�S 55371 By: Leland �deleski GAS SERVICES St. Marie Sheet Metal Inc. 7940 Spring Lake Park Road Spring Lake Park, MN 55432 By: Louis St. Marie Wakeman Heating 7757 Van Buren Street Spring Lake Park, NIN 55432 By: Lee Wakeman GENERAL CONTRACTOR Berg and Associates, Design/Build., Inc. 3140 Harbor Lane Plymouth, MN 55441 By: Laruen Berg Chateau Construction Inc. 17551 Round I.ake Blvd. Anoka, hIIV 55304 By: Doris Carson Custom Pools 601 East Excelsior Avenue Hopkins , P'IN 55343 By : Ginny Mulvaney Garjac Inc. 481 - 206th Avenue AI. E. Cedar, MN 55011 By: Gary D'Aigle Korman Construction 707 Columbia Parkway N.E. Minneapolis, M[dJ 55418 By: William Korman Moberg Construction 7610 - 165th Lane N.W. Anoka, Mid 5530� By. Waldo Moberg Preferred Builders 8741 Centx al Avenue N.E. Blaine, MY3 55�34 By: Pete Kociscak Don Schuett Builders 8431 Terrace Road N.E. Minneapolis, NII�T 55432 By: Donald Schuett WGH, Inc. 11830 - 12th Avenue South Burnsville, MN 55337 By: William G. Hucks 4B APP ROVED BY DARREL GLARK Chief Bldg. Ofc. i,•7illiam Sandin Plbg.-Htg. Insp. William Sandin Plbg-H tg. Insp. DARREL CLARK Chief Bldg. Ofc. Darrel Clark Chief Bldg. Ofc. Darrel Clark Chief Bldq. Ofc. Darrel Clark Chief Bldg. Ofc. Darrel Clark Chief Bldg. Ofc. Darrel Clark Chief Bldg. Ofc. Darrel Clark Chief Bldg. Ofc. Darrel Clark Chief Bldg. Ofc. Darrel Clark Chief Bldg. Ofc. { i ' 1 FOR CONCURRENCE BY THE CiTY COUNCIL -- LICENSES JUP� 17, 1985 Page 2 HEATING Acme Sheet t4etal Co. 2315 Hampden Avenue St. Paul, NIN 55114 Air w Heating & Air Cond. Co. 4014 Central Avenue td. E. Minneapolis, NIN 55421 J. K. Heating Company 2050 White Bear Avenue St. Paul, MI3 55109 St. Marie Sheet Metal Inc. 7940 Spring Lake Fark Ftpad Spring Lake Park, MN 55432 Wakeman Heating Co. 7757 Van Buren Street Spring Lake Park, MN 55432 ROOFING Covenant Construction Co. 7716 - 67th Avenue tiorth Brooklyn Park, MN 55428 SIGN ERECTOR Arrow Sign Company 18607 Highway #65 N.E. Cedar, �hII�I 55011 Crosstown Sign 10166 Central Avenue N.E. Blaine, NIIV 55434 MASONRY Bendiske Concrete & Masonry Inc. 808 Johnson Street Anoka, MN 55303 GENERFIL CONTRACTOR Ariel Remodeling Service 5744 West Moore Lake Drive N.E. Fridley, MN 55432 By: Wayne Parriott By: Miles Walthour By : Jerry Iaarsen By: Louis St. Marie By: Lee Wakeman By: Randy Brinkman By: I:enneth Stewart By: Theresa Bergan By: Art Bendiske By: Tim Ziegler � William Sandin Plbg.-Htg. Insp. William Sandin Plbg.-Htg. Insp. P7illiam Sandin Plbg.-Htg. Insp. William Sandin Plbg.-Htg. Insp. William Sandin Plbg.-Htg. Insp. Darrel Clark Chief Bldg. Ofc. Darrel Clark Chief Bldg. Ofc. Darrel Clark Chief Bldg. Ofc. Darrel Clark Chief Bldg. Ofc. Darrel Clark Chief Bldg. Ofc. 15A CITY OF FRII'd�Y Engineering Department 6431 Urtiversity Avenue, N.E. Fridley. Minr�esota 55432 D�te: June_7__1985 . �1.) RE: Est. No. 1 (Finall Tp: Aonorable Mayor and City Cota�cil �r, �,� Tun� 7__ 1�S -_� City of Fridley 6431 University Avenue, N.E. �r Layne Minnesota Co. FYidley� Mj.MeSOtd 55432 3147 California St NE Minneapolis, MY 5541R SiTT�itY: Original Contract l�n�o�ait Contract Additia�s - Chau�►ge Order Nos.- ------ Contract Deductions - Qsange Orc3er Nos. Revised Contract Amaait Value Cor�leted To Dete btJB 10TAi. Artb�t Retained (St) Less Amo�t Paid Previously N�IJNT TxJE �iIS E5'I'D�ATE «�:�� : r • r.� �• �r : ae�;; ; 10,173.00 _ (-1,171.00) ; -0- : 9,602.00 : �,SOZ.00 f 9.602.00 __ t '�' t -0- • .� �� I hereby oertify that the work perf ormed and the materials supplied to date �der terms of the o�ntract for the reference project, and all authorized changes thereto, have an actual value �der the contsact of the amounts stia�m on this estimate (and the final quantities of the final estimate are oorcect), and that this estimate is just rr, � o,part of the 'Amount Due This Estimate" has bee� received. �� ' � (� �� , l2 y,� 1 /.Ct`.� `i �-v . Date �„��� � ntractor's Authoriz Representa tive (Title) �:�11 : � • y.i ��. �i�a�; 2 hereby oertify that I have prepared or examined this estimate, and that the cnntractor is entitled to payment of this estimate �mder the oontract for re�erence project. CITY OF FRIDLEY, ITLSP'FX.`TOR � -C�-��' � � � i �._ Q�ecked Hy: ' � 1 � i� � U Respectfully S1�kmitted, C�ty o�f Fri�ey ? � .� � � BY , G: Flata, P.E. "� or a� Public Works 156