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06/03/1985 - 000119144._ uu�l�_ � 4+_ ;g,r,J__e; uL�I. �. � yt_ ' u � 4�� 1� •5 na �1 z� �'�r•�• The Regular meeting of the Fridl� City Council was called to order �t 7:38 p, m. t� t�yor I3ee. y �+� • a, ;� Nl�yor Nee led the Counca.l and audience in the Pledge of Allegiance to trie F`l ag. � ROLL ('Ai�i�: MENBII2S A2ESFNT: Mayor Nee, �uncilnran Goodspeed, O�unczlman F'itzg�trick, O�uncilman Schneider and Counra.lmar� Barnette N7ENSII2S PBSINT: None , ..;�� /�__ • 4 li . �� _ u� �, u!C 1 • : M]TION lx Councilman Barnette to apprwe the mrnutes us pre;�en'ted. SecondecJ 1� O�uncilman Goodspeed. Upon a voice vote, all votir!g aye, Niayor Nee declarecl the motion carried unanimously. �Tii:ISr �� • ._ �i�; Mr. Qureshi stated a request has beer. reaeived for a f-ood license fram the 49er's and asked that this be added to the ac�enda, h�TlOtd by Councilman Fitzpatrick to adogt the agenda w�.th the above addition. Se�nded 1� �uncilman Schneider. Upon a voice Vote, �].l votlna � aye, Nf�yor Nee declared the mot�.on carrieci u�larurnou:>l.y. OPEN FORTM. p'f T'MIRS• Senator Frank stated the Legislature will be goirag in�.o special session as marry protil.ans have not been solved. He staced there are over 100 issues leEt to be resolved, He stated he ho�xd to �me la�ck to the Counc�l in khe next s�weral weeks to give a more detailed re�ort oi what was accomplished at the Leyi:,lature this year. NL3yor Alee thanked Senator Frank for the good work he has done this �.ast session o= the Leyislature. Mr. Franc�is Van Dan, 6342 Baker Street, stateci he would iYke to iruu�uire as to haa appointrnents are being made to the citizens a�isory cornmissions. N+�yor Nee stated appointments, as a macc�r oL- courtesy, have been distributed on a ward kas�.s and beyond that it is a matter of c�etting three affirntative votes of the Council. Mr. Van l�n stated this may be a sliyhtly slck sxtutation beczuse ic arie � �, � .t` � �' •� J� 41JI 1�. � l� O�uncil rnanber cbesn't like a Iart�.cular persora, he would not be ap�ointed because another Council menber won't get into another one's terntory. He sfiateci he was currently serv�ng on the Charter Coi[[vnission and agpoint[[sents to this Co�rnnission are 1� �udiciai appointment. h7r. Van Dan stated because of h�.s interest and qtrzl.isications. several stafi nanF�ers, as wel.l as mgnbers of fhe Hunan Resources Gonmission, proposed he apply for uppointment to this Conmission and nis appointment did not go � through. FSe s'cated, as f-ar Y�s o,�7.ifications, there is no cbubt he was tlze best cancli.ciate for the three vacancies and even if these had been fiiied, the Counci3 had the a�thority to enlarr�e the Co�nission to accormnodate him. Mr. Van �n then revzewed his qualvEicatlons and stated he felt he was the bes�t c�nclidate. Nlr. Van A�n stated Counclls�an ScYAneider, in whose �ecanct he resides, did not nanunate l�un, Ne statec� he talked to Councilman Schneider tr�e evening before this appointnent came up and was told he was not going to be r�anatEd for appointrnent because he cU.d not nominate Susan Jackson for Chainnan of tY?e Charter c}x[r�nissYOn. 4buncilroan Schneider stated there are a nunber af vexy �mportant issues and 7ust to s�t tYie re�rd straighr, Mr, Van IJan mis-stated several iacts. He stated kie chc�i?'t receive support oi the H�snan Resourc�s O�mttussion, in fact, some of- those mFrnbers asked that Mx, Van Dan not be appointed to the Commissaon. N7r. Van Lk�n s'cated if you oons�.cler the welfare of the City and willingness of a qualified person to work in that capacity, he felt it was an irresponsible a�titi7de that he wasn't appointed. z;. i, pr�rr� HFARrNr ON FIN(�.L� P�T P S #85-01 LI�r�NIARK ADDTTTON BY AOBERT � McAIY�.M• NDTTON 1� Cnuncilman Goodspeed to wa�.ve the reading of the public hearing notice and open the public hearir�g, Seconded I�r (buncilman ScYineider. Upon a voice vote, a13 votzng aye, Nayor Nee declared the motion carried unammous].y anci the public hearing opened at 7:55 g.m. Mr. Flora, Pu}�l.ic Wor}cs Directar, stated this plat consists of 3.61 acres north of Osborne RoaG, stretching all tr!e way to 77th Avenue, east of the railraad tracks, and west of N'ain Street. He ;�ated the pro�rty would be used for construction of 42,300 square feet of storage space for mim-storac,e facilities. Mr. F7.ora stated the two structures will each l�e 7U5 feet long, se�ratea with fire watls, with iwa-way traffic through the entire comp] ex. Mr. Flora stated there also would be a small office/resicienti�l facalit.y on the property for a live-in caretaker and the entire arc� would be fenced. r'Ir. Flora stated the Plaivnng Coiiunission reconunended approval of this plat witlz a total of mne stipu].�t�.ons, wtuch he outlined for the Cc��nzql. - 2 - � � � � F ��.1� ui__y1 y. • 1 J�I • : Nuncilman Barnette asked if there was rocrn iox xire trucks ta yez into this facility, P7r. Flora stated there is suff�_cierit space for fire iiyl�tiixg equtpnent. He aiso pointed out no fl�nmakil.e materials would be stored in these s�ces and the fxulc3�.nys would be mas�nry rock caae �lock. Flr, Ray Warmbley, the real estate petson itzvolved ir? tl�e ;x.le cE t:�is property, stated Mr. McAdam wanted to builci this ;nrrn-storage so this long paroel was split l�ving land to the east thaY_ cpul.d d�2veto�. Mr. Qureshi, City Nlar�aqer, questloned if the parc�l that was le, t wc�ulcl be oonducive to good inaustrial developnent. Nr. MrAdam felt ti7is ��lat would enhanae hl�e rest of the property because it wo�ilcl leave a snaller parcel which would lle easier to sell. P�yor Nee asked hara staLf fee7.s regarc3�.ng future develo�znent of the property that would pe left. Mr. F].ora stated thexe would be wer five aczea which ootald be split and praride two mrner lot Faroels. Mr. 6Jarrnbley stated l�e felt the p�rcel renairang would be veiy develoxable as you have streets on three sdes of the �opexty. Cowiralnlan Goodspeed asked Mr. MrAdam if he ;1as eaer operaLe�' chis type a� business and what percentage oi storage sg:ae� ti�rc�ulci be used by Prla3�y residents. Nlr. McAc3am stated he nas nevex c�eLated this cype oP business, but has been attending seminars and has haci an intere:�: over the iast five years. He stated commerca.al usezs in the arc�a would prokasbly take 50-60°s of tYie s�oe and the balance would be used by �esidents f-ox their .torage neecL. He stated there is a defimte need for this type of =aai3iL-y. No other persons in the audience spoke reqarca.ng ti�is pro�sed plat. M)TION }x Councilman Barnette to close the �ublic hearij�g. Secondea bp aiuncilman Srhneider. [Tp�n a voice vote, �11 vota.ng aye, NL�yor Nee derlared the motzon carrled unammously and the public hearinG c�.osed at f3:I5 �a.n. .1�- *-4.;_�, •� �_ Y_i�. � 'g 1s.' �� a .� • � �_ )�_ ' A � �5.. 4 ��l � - - - irDT20Pd 1�+ Councilman Goodspeed to waive the reading of the public hearing notioe and open the public hearing. Seconded by Couricilman Firz�trick. Upon a voice vote, all voting aye, Mayor Nee declared tlze moLlon carriec� unani.mously and the public hearinq op�ned at 8:15 p.m. Mr. Irnian, City Clexk, stated this is a sequest Por t.he issuance oL- art orrsal.e beer lioense at 7928 Univers�.ty Averzue. He stated Nortlzern Liq'r1zs, Tnc, has made application tor fhis license, u: order to dispense beer in a la�mdranat, and thc� alsn prw�.de big sereer] v�c�eo i:elev,.sion. Nu:. Inrnan stated the3 h�ve smilar opera�ons in Ames, Iowa and P�iadison, W�scons�n. He further sEated trie Lt�ckground �.nvestigata�ra hzs been com�leLCd by �he Police Deg�rtment and the Public Sa£ety Directox and stazr recormzends ap�xwai. ('AUnc�.lman Barnette asked if this cpmg3ny, D7c�rti7ern Lac�hts, was il�e �kle o, e - 3 - L��r ��l i 1 ��i Il �_ 4L .�.. • 1�L ��g� which operated in FridLe� across the street fran ti�e City Hall. Mr. Inman stated it is not, as that was a Nhnnesota operation. and this cnm�rty is out of Taaa. Mr. Ni�rk Shive, �art owner oP Northern Liyhts, stated they have similar aperatiw?s in other states and, basically, wish to dispense beer at � laundranat. He s'cated there would be an attendant on duty. Councilntan Barnette askea if thc� had a protilen with minors going there to clrink. NIt. Shive stated they have not found this to be a problem at t:heir otYier � operat�ons. Cbuncilman Goodspeed stated he cli.c�'t feeJ. the� would have mucxi of a problan as he felt it woutc�'t be a place where teenagers would want to 9�• NDTIC�7 1� Councllman Fitzg�trick to close the public hearing, Seconded by Cvuncilman Barrtette. U�un a voi� vote, a7.1 voting aye, P+i�yor Nee declareci the motion carried unammously and the public h�ring closed at 8:18 p.m. _� : _ ��. � �1 . • � �. _�� . «s_� u Mr. E7_ora, Public Works Directox, stated B1ue Be11 Ice Cxeam Company has requested the G.ty anencl the noise ordinanoe to allaa then ta operate a bell on their ice cream venqing truck. He stated the Community Developnent Gommission heara thas re�uest and d�.d remmrnend the Council amend the noise orchnance to allua this r�;uest. Mr. Flora staterl this it� was before the 6�uncil at the last raeeting and it was c;etermined there should be an irrEormal hearing to reoeive arty input fran reazdents on wnether or raot this ordin�nce should be amended. He statec� this not�.ce was published in the s�wsg��er and not,ioes sent to some of the businesses sa thEy are aware the Counca.I is oansidering an amendnent. Mapor Nee stated the �op��l here is to amend the noi:� ordinance in order � to permi� L�l� Bell Ice Crear,z Qnagzrr� to operate a bell tn order to sagnal thetr presen�e in the area. Mr. Qure�i statec+ if tlie Cbimcil des�.res to amend the ordinance, copies of the proposed amenchnents are included in the agenda packet and a first reada.ng wuld be heLc� thi: eveni.ng. � � • � �� z� �'� �_� ` �_ � ��_ � ; � � • �� , � , .�� • � f • •; �� ;� « Pi�TTOhi P� cbwicilnan F7tzgatrick to wa�.ve the first reading and approve the or2iir�ance u�on first reaca�.ng. Seconded by Councilman Schneider. Upon a voice vote, a]l votit�g aye, Mayor Nee declared the motion carried unanimousl.y. -4-• � �� 1� W_ �1 ��. � 11� � � • • � S_ C '� • ••�_1:.. � '_ � _� u11.� _ k� � � � • � � � • � 1' �� , • 1• � ' � �1� !� « MJTICxI ]x Co�mcilman Schneider to waive the Eirs� reading arta ap�rove tl�e ordir�ance upon first reacU.ng. Seconded by Cauncilman Barnette. U�-�oiz a voice vote, all voting aye, Mayor Nee declared the motian carried � unanirnously. CONSIDERATTON OF FIRST READING OF t�N ORDINANCE �1MELIDIPIG THE FRTDLEY MUNICTPAL CODE RELATED TO STP.EET VENDTNG: AMENDING SECTION 16.05.4: ADDING SECTION 16.05.5. "EXCEPTION FOR F�QD/BEUERAGE VEHIC:LES" • rDTION b� Cowlcilman Shcneider to waive the ilrst reading and a�aprove thc orciinance upon first reading. Seconded by Councilrnan Barnette. Upan a voice vote, all voting aye, Mayor Nee declared tl�e motion carr.ied unammou:sly. Mr. Herrick, City Attorney, asked if there was arry proialen for Blue Bell to begln their operat�.on s�.nce the heanng and fir_�°t reacl�.ng have been he1c1. ADTTON 1� O�uncilman Barnette that food and �everage vehicles may sound the manually operated be].1 hetween the hours of 10: 00 a, m, and 4: 30 p. m. , and 6:00 p.m. to £3:00 p.m., in arr3 area zonec7 commercial or industrial, and only beiween the hours of 1: 00 p. m, and 4: 30 P. rn, and 6: 30 ��. rn, to II: OG p.m. in arr� ara� zoned resideritial or other zi?an comnercial or industrial whicY� produoes a noise level measured a� a aistance of 50 feet rrarn t.1ze souroe no greater than 65 decibe:l s. Secanded by Councalman Pitzgxztrick. Up�n a voioe vote, all voting aye, Mayor i�7ea aec,�.ared the ntoLlon carried unanimous].y. � �� a��; • • � �g• a a�. . u _ • " ` �, . ' `- �� i� � •:� ;zu •; `t• � • A •u �• � 4� :� y. �a�' .�`_� �� 1 Nl�yor ISee stated action on this item hac; been tabled fr� tlze previous meetinys and asked that testimorry sukmittea this �vemng be limited to any new develognents which the Council had not hearcl at the aLher rneetings. D'irs. JoseKh Vasecka, 5427 4th Street, stated the quesEion had be�n askecl haa mazr� ch�.7.dren were in their neic�borhood and stated th�I i�aive well wer 7.50. She stated there are also residents an this area wha k�ave resided here 3d and 40 yc�rs. NIr. Ridzard Byers, 5300 5th Street, state� �rticle 12 oL- tne I�iinnESOtz d�nstitution and Article 9 of the U.S. Constitution provldes riyhcs tca peopLe and no l�as can be �assed to abridge these rights. He stated the peogle in their neighborhoad are just asking for th�r rights and Corti�zuniiy Options are the ones asking for spec�.al priv�eges. He stated rt�e Coancil shouLd represent the peo�zle and what they war.t and Felt it was a clear mandaze to the Coimca,l to derr� this re�uest for a spec�.a1 use pernit. - 5 - � , �� ' ��, �� +_ ui__?� ��. • 1� • : Mr. Wayne Johnson, 5400 5th Street, stated he visited two existing faca.lities, one on 69th Avenue in Srooklyn Center and one on 12th Avenue ir7 Minnea�olis, who are under hhe Rule 36 program. He stated he talkea to property aaners aa'-ja�nt to thes� Eacilities and the infonnation he receivec� is there has been as marr� as 12 cars g�rked at the facility. He stated at both plaoes the grass was torn up and a neighbor had taken a loss on his h�ie when he �old it. N�r. Johnson stated a resident in the area of the 12tY� Avenue faciTity stated thEy have police ambulances arriving at this f.acility at cu�ferent times in the niaht. H[e stated he didn't think the � location of these facilitites com�nres to the proposed facility on 5th Street, as these �oning areas are nat s�.milar to their residential area. N�s. Terri Buckencige, 6365 5th Street, stated she was at the meeting on bekaalf of her mother, Mrs. Niarge Otten, 5311 4th Street, who was unable to attend. Ms. Buckeridge again rEViewed the oacmlents made 1� her mother at the CawZral meeting on Nlay 20, 1985. Nis. Nhckielle Kurak, 112 Panorar,ia Avenue, stated Cor�v�lumty Options had stated there woul�'t be persans in tiiis Rule 36 raca.lity who would be dangerous, violent or r3�anic�.l.ly dep,endent, She stated, under the law, they cannot dtscriminate and w�11 aduit clients with chanical dependency, if thc�y pose r?o �o�zficarzt thxeat. Ms. Rurak stated C�ununity O�tions .=;tatect their clients would be living at this Rule 36 facility xn order to make the transition to living independentlp. She stated this is a defimtaon of a halt-way house. M.s. Kurak stated Con�ntunity Options ind�.cated priority would be given to Anoka Co�mty res�.dents, but others who do not live in the County may L�e ac3nitted. She read a clefirntson of inerita]. disease and stated a person sucn afflictecl rs7�ures mre for his own welfare or the welfare of the oommunity. Ms. Vicky Otis, 5378 5th Street, stated the question has been raised har mar� persons live in t�?e builoling wh�.c�a is being proposed to become a Ru1e � 36 fac�lity. She stated there are 10 people living in this build�.ng. Councilman SchnQider asked if per:yons with �rtain types of inental illness c�ould be excluded frrn this facility. A4s. Renae I3anson, Comniu!ity Options, stated the� are deciders of their ac�nission policy and �laere is nothing that can force th�n to take people whan thEy cb not wish to admit. 5he stated the type aE people thc-y adnit is stipulated in their license and tliey must meet the� requirements in oraer to keep their license. Cbuncilman Fitz�trick asked if a referral was rnade to thsn frcm the County We].fare Depsrkraerit, if th�° o�uld re7ect that referral. Ms. Hanson stated aei im �e1y. Counc3.lman Schneider stated he wo�tld agree wit'1z the philosophy that this mental healih facility shoLil d be rLUa by a private organization, but his concern �s if frhe� c1� not make a profit if thEy would Y>e tempted to alter - 6 -- � �� 1� vi_?� ��. •- 11� •: tl�eir stanc�rds. Ms. Hanson stated generally s�eakirg they wouldn't have such an option because it would increase f�ieir liability or risk the loss of their license. She stated it would be more likely i.hey wauld gcr lxlck to the County and rec7.ass�.fy their needs assessneilt. I�. Ray LaFave, 5375 5th Street, stated trexe is a State co,iunitrnent act wluc3� indicates thEy cannot discriminate against anyone tiiat seeks lielp. Ms. Wn�t, O�mmtmity Options, stated there is a corunitrnent act io careunYt � people with mentaJ. �llness that axe consiia�red dangesous to State Hos�itals but a judge cannot �mmit a clierit to their tac�ality. Ms. Hanson stated their fac�.lity would noi� cone under this commitrnent iaw ana thc� ean refuse to take people thc� do not wish Lo actnzt. O�imcilman ScYineider stated the bm.lding tis� are proposing to purchas.. �_s aaned l� a relat�.ve of a County Commissionex and while tnere may not be arr3thing wrong with that, it might indicate a oonflict oi interest. He f�1t because tlzc� are not wil.ling to state the ��urcYtase price aL' tl�e builc�ng, it puts a cloud over their integrity. Nls. I3�nson stated, at the last Counc�.l meeting, chere was some ans�.t-�uation that swnething was going on. She stated they contacted the Conmiss�.c�i�er iran whose ne�hsa they have a purci�ase agreanent ior the building, and w�s told he hasn't s�oken with his ne�aa for several years. She statea triey did not knaa arrything of this before the last ;Eleeting. @�ciln�an Sc�neider asked if thEy would ga�e the purchase pric.e for tYais buildiny. Ms. Wrlght stated she would pre�er r�ot ta g�v� tYie price, Zt thas �oint, si.noe it is �ust a piarc%ase agreernet�t, Sne stated at tlie time oi sale, tne purchase prioe beoomes public recrora. �uncilman Schneider stated the relevarice ihis has Lo the lssue is thc inte�ity of their orgamzati.on. He s�ateo the ai�pearanoe aP impropnety is � heic�tened because thc� are not willing to disclo� the purchase price. Nir. Gene Wri�zt stated thc� worked through an aaent to purcl�ase tiais praperty and if there is ariything under tlze tak�l.e, zt is not to thea.r knaaledge. He stated he felt it was unfair to categorize thern as a relatec� paxty transaction. O�wicilman Fitz�atrick asked 3'r this propc.r�y was or_ Lhe open market. Ms, Wri�t stated, to the kaest of l�er knaa.ledge, it was not. � Mayor Nee stated the question seems to came do�an to who is ior treating mentally ill people and who is scared of than. He stated this realiy a.s not the issue. He stated the issue is the appropriaie use or the land. M�aycr Nee stated a letter was received from Com�nussiurrer Korchak in which he .>tateca r,his was a Lx�d location for this facitity aiid ofEered to help finc� an appropriate location. He asked if this ofiex was accepL-ed. Ms. Hanson stated she called Catmus:�oner K�rcliak and asked if they shoulcl meet to talk ak�out rsZturenents for a site and tlae� wexe told he c7�.c�i°t want to talk to than wzt�.l tYie Caty had made a d�cision ana he was noL involved in tY!e issue. She stated her feelina was he rescinc7Ea 1-.is offer because he dic�h't want to rneet with her. -7- � �:=� � � f. �� 1�+ �_ ��-� �� /_ 1�+_ �• l'7zyor P3ee stated staff was asked to make a sutv� of Fridle3 where cr�.teria cx�uld be met and where there woulcl be acceptance of such a facility. He stated stafi aia identify a n�nber af locations where thc� felt it would be more appropiiate. Mr. Qureshi, City N�nager, stated he �al.ked to Renae Hanson and c�i�cussed the poss�.bila.ty of looking at other �.tes in the �nrnwn.ty. Basically, the County sets the criteria fox such a facility and the site has to be in a resiclential arr-_a, have trar!spoxtai�.on ava�.la41e, and should be operational � as soon as possik�7.e. He stated l�e asked if thc� would be willing to look at other sites that r�iay be acceptable. He stated Ms. Flanson indicated not at this time because thc-y aireac� have a purdiase agreanent contingent on tt�r�� ohtairang the spe�a.al use �ermit. He stated ttteir oontract with the County was that the facility was to k�econe operational as soon as posslble and another site would take a much lonn,er process. He stated Ms. Hanson felt at fhis time it woulcdz't be �actical to rc�iea arry other s�.tes because of this situation, t��iyor Nee stated this Council is not opposed to the �oposal and has identified locations where it may be acceFtakzle. He stated the issue is really rhe land use. He statec3 he takes the wx�flict with the neiynbarhood very seriously. Iie felt ther� are orlier locati,ons in the City which would be more appropriate and hoped if the spec�al use permit is denied, they may heLp than find another �.te. Coimcilman Schneicier stated he ful.ly supports the need for this type of facility. He statec7 the probl�n he has is most people are willing to neqotiate, diswss, and c�me ta a oompranise. He stated nothing is being done to aorrect tlie appearanoe of im��roprieta.es. He also stated they were told notl�ing cou7.d l�e cbne to aonpensate the people who would have to move fran this builci�.ng and Conm�umty Option i;; also wnailling to discuss other possible locations. He stated in almost every instance, the petitioners cannot agree. P7s. Wri�t stated on the oontraxy, the� feel they have been very open. She stated they accepted the Planning Cornmission's reoonmlendations and cbes not feel th� oonducted thenselves in an improper mznner with the seller of this property. She stated they have a legal and � binci.iny purchase agreanent and thc� are not free to e�lore other stes. Mr. Byers statev' it is strictly a matter of aonstitutional rights and does the Couacil cp.ve thai to a few or to the people th� represent. Mr. Andy Iiaechrel, 5367 Stki Street, asked P4s. Wright if she owns the proFerty where the Brooklyiz Center fac,ility is located. Ms. Wnght stated she w�s the aarter. P�r. Haeciarel stated this is a very hard issue for him, however, he has decided to take a stai�d in his own best interests. He stated he didn't �elieve a"no" vote mear_s a�er�n is opposed to the mentally ill issue. He stated he wo«l.d urye the Council to v�te their canscience and what the aomm�mity wzshes than to do. 6��,uzra.lman Fltzgatrick stated he }�liEVed what N�yor Nee has stat�a, that the question is really a n�atter of 1�?d use. �� .1� � ui� +�. � 11� � : hDTION Ix Fitzg�trlck to receive the petil-zon gresented by Katny Pric�vc- urging the apprwal aE this special use permit. Seconded by Schneider. Up�n a voioe vote, all vota.ng aye, Niayor Nee declared the notion carried unanimously. NDTION U1r Councilman EYtzxatrick to deriy special use �ermit, SP �85-01� fer the follaaing reasons: (1) This is a busines� wi�kt a uozen or mare snplo�ees in a totalby restdential area; (2} Tt woul.d l�e incomp�tlble saith � s�everal existing licenses of day care centers in close pro�czmity to the proposed site; (3) That the inunediate neic�borhood has been an ecpnonucalls� marginal neic�borhood that needed redevelopner�i. Tn recent ya�rs, r3aners cf- property withiri the neighborhood have started making improv�nents. T1�e location of the proposed £acility will i�ave an ac�verse aifect on Lhe oonta.nued imprwanents needed in the neighborhaod; (4) That the proposed facility would have an adverse affect on gxoperty values because both lanca.ords and tenants indicated that if tl�e facility is located on the �oposed site, that marr� of #�ie tenants in i-.l�e multa-residential properties would no longer rent these properties; (5) That tTae locai�.Un oi �Yie proposed fac,ility on the s�.te would have an adver�e af£ect on t:ne nealth and saiety of the iacility residents because of the very substantial neiahborhood opposition to its location. Rhe record contains petitions and cestamony indicating that a substantial ma�ority of tl�!e neighborhoad xeaidents are upposeca to the facility being located on this s�.te, �i� oppos7 tton creates an atmosphere that is not mnducive to the heaith and safety of the �acili��% xesidents. Seo�nded b� Couneilman Barnette. Councilman Goodspeed stated he represents the First ward and may have a slic�tly differerxt perspective slmply because �t might k>e easier to talic about when it isn't going to be in your aan ix,ckyard. FIe stated fie woulc� disagree with the motion. He dtc�'t think it is tuiususl to put iacilities of this nature in resi.c1entia7 neighborhoods, i�e sL-atec� there are sirnil�t ones in the C1ty ali located in the First War�, such as Unity Hospltai� Fricllc� Nnvalescent Horae, the counseling clir�.c on Uruversity and tk3e � Central Dental Lab. (btmcalman Barnette stated this question has Leen the rnasc aifficult one ror him and he has heard fran people on Lroth sic+es of the issue. He atateC he works in the same field as the people from Corununi�y Options ana many fanilies that called hun have n�anbers of thelr family �al�o are probably �.n need of such a facility. He stated othexs have call� hlm �r<cl urged him to deny this request. He stated he persanally Pee1s h� is aL tlze vexy grass roots of the politacal pxooess and feels rie ha.: ta res�ond ta many oP thc- people present. He stated the CoLmcil represents a11 peo�e, but r�os�-1y tl�e people wha have elected than. He stated he feEl.s scronc�y on this issue and would vote in favor of the motion for c�mal. He s�ated as a C�.ty, Fridle�� is not qoing to turn its back on axiy mentally z31 �erson, He sr.at�.� alternative sites have been ideritified, but dic�z't la�aa what ic meant to �.l�e �etit�oner, � Coi.mcilman Sdineider stated this has been tk?e h�raest question to decide si.nce he has been on the ��mcil. He stated l�e i�lieved ic would he betLer to apprwe the special use permit with a n�utal�r of stipalations, some oL �� =�� „ / 5. �� j+ 1_ 41� 1�, • 1.11 �j which the Conununity Options people do not agree with. He felt certain stipulati.ons would protect the neighhorhood and prwide a fac�lity that was very much needed. H�yor Nee stated he intends to vote in favor of the motion, He stated every i.tme a menber of the CauncLl votes, thc� heLp somebocly and harm sonebody, and tY?at is almost witYaout exception. He statec� you try to wtiqh tt�e relative cpod and the relattve harni. He stated there never is a questiora where therE isn't a"gray” area. He stated he is corivinced this kind of intensive use at this �x�rti cular locat� on would have a serious im�ac:t on the neighborhood and create damage. He statec� it is a neiyhborhood the Council haa been interested in aver the last several years in trying to stimulate leadership and activxty, and it appears this facility woal.d come into conflzct witkt the proqram thEy have been supporting to improve the neighl�orhooca. UR7N A R(%.L (�S�L VOTE, Mayor Nee, CAUncilman Fitz�trick and Councilman Barnette voteci in favor of the motzon. �uncilman Schneider �?d Councilman Goocispeed voted against tY!e motion. I�yor Nee declared the motion carried }� a 3 to 2 vote. � ��5� � � _4._ :u iiL � • �S �_� • • .. AIS. I�1 �� S _ «�ll;�. •�: �+� 1 �vncilmasi Barr�ette stated meet�.ngs were held with the 4doodcrest Baptist ChurcY? and residents of the neighborhood regarding the Church's propose� addita.on and its location on tlieir property. He stated becauue of the samtary sewer pipe, this addition cannot be constructed, as proposed, when� the speciai use permit was issued. He s�ated at these meetings a nunber of alternata.ves were explored and thEy have cbne up with a warkable agreenerit between the dzurc� and the neic�borhood. b�DTI�I q� (bunczlrnan Barnette to reapprove �peciaL use permit, SP #84-07 w,tth the following stipulations: (1) That the locata.on of the addition is to be 40 feet fran the lot line to the south�st oorner af the buildirag; (2) That the build�.ng be laaered four feet fran the origlnal proposed ele�ation; f3) Ariy lighting installed on the Yx1ck of the build�.ng should not infringe on the nei��box's properiy line; (4) The yreen area behind the builc�ng on the east side should be maintained with appropriate landscaping; (5) A iandscaping plan should be suhnitted and approved by the City staiz; (6) Appro�-iate exterior wall iinlshing should be approved by the City staff; �7) That i:l�e l�ndscaping and exterior walls be coordinated with the aa'�oimng property avners; (8} That the roofing be s�.mi].�s to the �nctu�xy; and (9) That a utility ea:,enerrt, to be determined 1� the City, be provided for i-he sarn.'rary scewex line currently located on the property. Sewnded by Cow-icilmar? Goodspeed. Gouncilman Barnette statea he appreciatea the neighbor's and church's cooperata an. Mr. Rodala�ugh, representing the churci�, thanked the neighbors for working - 10 - � � � �� 1� y�_ i �y • 1 y •: with than on this situation. UR7N A VOI(E VOTE, all voting aye, Niayor P3ce declarec� the motioti carric.a unammously. 6. ORUINANCE NO 833 TO VACATE A 7 FOO�I.' DRAINPGL AND U^lILI^lY EASE1'+IEN^1 G747 WASHTNGTON STREEP N.E,,1 ARNOLD M. KUIII�LY: � NDTI�1 }x Coimca.lman Goodspeed to wa�.ve the �oond reacL.ng of Orc�i.nance c�o. 833 and acbpt it on the seoond reacli.ng, and publish, Seaande� 1-� Cz�uncilma�� Schneider. Upon a voic� voie, all voting ayc, Nay�r Nee decLare.� d�e mc�cian caxnec] unammously. NFSV BUSINFSS• 7. CONSTDERATION OF FIRST IiFADIIVG OF AN ORDINANCE RECODTPYTNG �'f3E FRTDLEY GO1�E BY AME[�IDThIG Q311PTER 214 ENTIIC,ID "SIGNS": MOTION by Councilman Schneider to waive the reading and ap�.rove the orclinance upon first read�.ng. Sewnc7ed ix Councili�u? Fltz�tricic. Upon � voice vote, all voting aye, Mayor Nee aeclare�� the rnccio.� carried unarumously. 8. CONSIDERATSON OF FIRST REZSiJING OF AN ORDTNANCE RE�DSPYILdG TH� FRCDLEI C(.`�� uY ADC7PTItdG A N&W C�3[�P^1FS2 208 EN`i'ITLED "SAT�,Il'�� DT,�',Fi �L�'i'�LV1V[, hi�LfLATIONS": MUTION by Councilnian Fitzpatrick to refer tY�is proposed ordir!ai.ce tc representat�.ves of businesses in this field for tlzea e o�nunent. Secancled tr�r cbuncilman Sd�neider. Upon a voioe vote, aL1 varing aye, I�yor Nee declar�d the motion carried unammous7.y, •��. ��a��' • � S_ `�_ . � �� •;� �� ; ��_� �� i � �;• � � , , � � � . s�_s_ .z�n « �. �� : -�i� �=-1 � u: • v�p g y • � 1 1 1� 1 1. t 1 • �D NDTIOA7 b� Councilman Schneider to waive the flrst reading and ap�rove the ordi�nae upon first reading. Seaonded 1� Co�cilm�� Fitz�atrick. NDTION 1� �unailman Schneider to amend the �bove orci�.nan� b� �ie].eLing tlie new Sections 2 and 3 of 113.09. Se�ndec3 1� Cowlciiman Fitziz3tricic, U�on a voice vote, all voting aye, NIayor Nee declared the motion carried unarumously. UFON A VOTCE VOTE TI1�1Q QI �IE D'FiIN MOTION, all vatea aye, and Mayor Nee declared the motion carried unanimously. M[� •a �r� r u ui • � u � ��u� � � � � i � ��6��!�� ,� • �� ; ' : � � • _.�� •'� _�� ; n �l •i [�__ �, • • s, - 11 - � �� n i Q�UNCII, I�ETING OF JUNE 3, 1985 i � �I� '� , _�. • • I ' •'s� •��i� ` D • • 1 .. �..� �, .� �. Mr. Flora, Public Worics Director, stated the Frldley Convalescent H�ne is pro�s�.ng to expand their �rking lot to the east of their property. He stated a r�uest s�mLlar to this was presented in 1980, and res�.dents ot the area wou7.d support the addtt,ional �rking without access onto Lyric Lane. r�r. F7.ora stated at the pu�alic hearing before the Plaruung Commission on l�y 22, 1985, the ma�or discussion was the access of the parking 1ot onto � Lyric Lane. He stated a niunber of alternatives were discussed such as mwing the exi.sting garage and acoess oif H�cti.son Street. He stated it was felt this wouid be quite expens�.ve. Mr. Flora stated another pro�osal was to �wide acces� off Madison Street and to g� aroimd the existing garage with the understancti.nq that if this plan was acbpted, there would be a sett�ack varianoe fran five feet to zero. He statec! there was an alternat�.ve proposal to wnstruct a driveway to the s�uth going across the front to tYie �rk�.ng lot e�.ens�.on to the northeast. He stated the Plaruuny Commission made a recommendation to approve the special use permit with six stipulations, whtch he outlined. Ms. Juc�.iclu, representing the Fridley Convalescent Home, stated if the� were to cnnstruct the drivevtay to the rear, it would cost an additional $6,000 to $7,000 as opp�sed to acoessing off Lyric Lane. Cbuncalmar? Fitz�trick questioned the total �ark�.ng avatlahle. N�s. JudLick�. stated th� naa have 39 s�aoes and propose to add another 40. Ms. Judlicici stated in tre�.r r�uest in 198D, th� dic�'t �opose a parking lot, but arr acicti.t�.on to the south af the bw.lding for additional lobby and offic� sp�ce. �unca.ln�n Goodspeed asked if the Fridley Medical Center's parking lot � begins abo�. five feet from their parking lot. Ms. Judlicki stated the mec�cal oenter's �rki.ng lot comes right up to their property line. She stated there is about three to five feet of green area between trie parking lot arid fence. M'r. Qureshi, CYty P'L�nager asked if the garage �uld be mwed to the �arking lot area. Ms. Judlicki stated it would be inconvemenr because the garage is used to store their supglies. I�.s. Judliclsi fel.t oonstructing the drivaaay in front would be a d�.sturbance to thei.r restdents who live in the front area of the building. She statect the� defimt�7.y preEer the access oif Lyric Lane wkuch would be less costly and less di�ruptive to thetr res�.dents. Mr. Flora stated the Plaiuung CwNnission only supported ttte p.l.an with no access off Lyric Lane. 6�unctlmar? Goodspeed felt the plans, other than acoess off Lyric Lane, werc rather �alaaard. He stated wYtat :�ould be addressed is if the convalescent h�e �id assessnents on the street, they have the rignt to use it. — 12 — � ��. �\i ._ 41_ � _1. � _ 1 ��. Counciiman Goodspeed questioned th� relationshi�a between Fra.dley Cbrr�ales�nt Hane and Health Central. Ms. Ju�ic}u stated the proper�y is awned Ix North Suburk�n Hospital District and Healtl7 CentraL leases the total operation, wlder tl�e �une agreenent as Umty Hospital. She statec� the� are all tmder the same g�rer� orgamza�aan. O�uncilman Goodspeed questioned if addttiotial �ark�.ng couldn't be obtained at Unity Hospital. Ms. Judliclu stated wit�i Um.ty' s new adc�ita on, there � isn't roan for parka.ng by their employees. She statea Fridley Med�.c;al Qinic also was using Unity Hospital's �arlur_g fara.lit3.es, LuL riaa mus� rent �arlcing frctn the churctr arxoss the street. bLS. Judlick�. sL-ated the� are naa �rlung on Macti.son Street and wY7erever tli�y can find a plaoe. She stated many of their visitors have to do the same thing and some are elderly wh�.ch makes it diiiicult far th�n to visit relatives at the nursing hane. Mr. Bruc�e Barsness, 7589 Lyric Lane, state� i;e is opposed to access onLo Lyric Lane. He s�tated Lyric Lane is a narrow resicientia7. street ana felt it there was access onto it, it would be dif£ic�?li to turn in and out of tYie �rking lot. A,r. Barsness felt ii access onto Lyzic Lane eTas providea fox t:,e �nvalesoent hane, other persons, suc� as those resicl�ng the the Hiyl�land Park A�rlments, would ask for access onto t12i5 strcet. He stated residents of this a�artment aomplex chose ta make their awn access onto Lyric Lane F� driving over the l�oulevara this xest winter. N7r. Barsness pointed out the cormales�nt h�ne is locateci on pro�rty zaied R-1 witYi a Special use permit. He stated there was agre�enr at rhe tine the �ermit was is5�d that there would be no access ontc� Lyr1c Lane. � Mr. Barsness stated access onto Lyric Lane would create problems tar hame aaner� directly across the stzeet. He fe;Lt, once the lot is filled, the werflaa of cars would er_d up in front of the hor��es. Ae stated this is alreact� hap�emng on Madi�on Street. He stated the oonstruction going on at Bnity Hospital only adds to the problen. He siated the hospital also has a lot of imdeveloped land whxch is inaccessim3e except fram a reside�itial street. � Mr. Barsness stated his goal is not to dr�ve FTealth �entral out of dZe neic�borhood, but to lnsure traffzc on Lyric Lane doesn`t get worse than it is now. He stated any expansion done in tlzis area should be done intelligently �mder a we11 thought out master pl.an. He asked tize Council t� apprwe t71e plan reoommended Y_y the Planning Conunxssion. P7r. Phil A�hling, 1378 Skywood Lane, stated ne Izas a motner liviny at the Fridle� Conva3escent Home and parking facilities ior visitors are practically norrexiste�, He stated the pr�1xa�1 Lor access ofi Lyric Lane is the most feasihle. - 13 - I' tl � � �� SJ\ _ 41_ D1 _,. • lAl_ ' � Mr. L1cyd Larson, 7549 Lync Lane, stated there are no sidewalks on Lyric Lane and the children have to walk on the streets. He steted thEy are usually wallang on the street duriny shift changes at the nursing hom e. He state� he wouid be in favor of prwiding access fran the north side of the building and keeping traffic off Lyric Lane. Ms. Nbnica Wienert, 7�11 Lyric Lane, stated with shift changes at the hospital and convzlescent hane, Lyric Lane looks like the inc7y 500. She asked ii the hosp�.tal and corivalescent hane are tax paying orgamzations. � Nls. Judl.iclv. stated thEy are norrprofiit and do not p�y property taxes. Ms. Barsness, 75f39 Lyric Lane, stated she was opposed to the parking lot with access onto Lync Lane. She stated she was oortoerned about the safety as tnere are no side�aalks. She stated there is a nigh concentration of ciiildrer? in the area, because aP the a�rtrnent building and generally thEy �re poorly superc�ised and often r�u� inta the street. Ms. Barsness stated she really tries to see both sldes of the issue as she knaas the nursLng hane is wnoerned about the safety of their residents. She stated there as a nunber of things that �uld be done to rcduoe the rzsk on Mac'�.son Street and t.ttat is to reduce the speed l�mit. Ms. Barsness stated when the speca.al use permit was issued the stipulation was that there v�ould be no acc�ss onto Lync Lane. She stated she felt this was cbne loecau� of the traffic on this curving, narraa residential street. She stated traffic in the area has increased, as both the hospital and medical oenter have expanded. She felt, if access to Lyric Lane was given to the Corn�alesoent Hane, it would set a precedent for other accesses onto this street, and she was mncerned about the ag�rtment building requesung such an access. Ms. Barsness stated she feLt the nursa.ng hane needs s�e �rking, but access onto Lyric Lane woul�'t solve all the problens. She felt access Lo the front of the building would give visitors an advantage ky decreasiny tne � walking d�.stance to the nursing home. She also Eelt access to tne Front would facilitate fire fi�ti.ng. Ms. Barsness statea tne access on Madi mn Street would be a wmpromise and hoped the Co�cil would take the recommendation of the Plarvung Commission and uFhold xt so t�ere would be no further access onto Lyric Lane. P7r. Glen Byl, 7513 Lync Lane, stated he felt the nursing home should be more flextbie and mwe ihe garage to niake a mce driveway for the parking lot. He stated a drivaaay mnirig onto Lyric Lane wauld be an eyesore. Mr. Boo, attarney representing FricTLcy Carraalesoent Hane, stated there are marr3 peogl.e here iran the nurs�.ny hane wY�o would like to speak to the issue of the need tor the �arlany lot. He stated what it boils down to is the c�uestion of access. He stated the access across the kxlck is really an impracticat alterna'tive and creates a safety problsn. Mr. Rao stated fihis leaves L��o options, access onto Lyric Lane or across the - 14 - � •�.1� �_ ui_.?�+�. �. 11� •: front of �kie builcling. He stated to canstruct access across tne f-ront, it would run close to the entranrn. He stated oiher factors must be identi�iecl reyarchng wYc� the nursing hame supports the Lync Lar.e access. Mr. soo stated the oost is one factor, the other facL-ors are the fact that there is currently a problen identified on Osborne RoacJ and Madison t�venue, fIe stated there is difficulty axning up Nladts�rA onto Osborne. He sLated the �rlang �tterns wil.l be on Lyric Lane one way or the o'rher. He stated you have to oons�.der the most eoonanical and useiul access which is o£i I,ync � Lane. Mayor Nee asked Mr. Boo if he had ariy comment regarchng the sLipulatsan, - when the special use permit was issued, that there would be no access to Lyric Lazie. N�. Boo stated the stipulation of acc�ss came up in 1960. N� statec� riyht naa thc�r are talking about the need for parking and the best way to facilitate that Farking and access is ��est fran Lyric Lane. M3yor Nee asked if the �rlung lot in question was �rt of the special. use permit when it was iss�d. Ms. Judiicki stat� tl�e aonvales�nt l�rne dic�'t aan this property at the time the special use permit was issued. Ms. Janice Carroll, 7567 Lyric Lane, statec� she bellEVed tYic Barsness`s mvered evexything. She statecl she has no problem with the nursing haiae �rking lot, but opposes access onto Lyric Lane. datmcilman Goodspeed stated the question raised was ii the nursing home had access, people frcan the adjacent apartrnent miyht try to �xrk in their �axk�.:ig lot. He questioned if ttiEy would l�e constxueting a fence so it would be xhysically unpossible for someone to get from theiL lot ta trie a�ariinent build�.ng. Ms. Judliclu stated a ienoe would Y�e construcred on the east side aF the �sopexiy between the�.z Yxo��xty and the a�axtnerst con�l e:c, She stated there is an existing Fence on the norkh sic�e, but as iar ?s �ntrolling who �arks there, it w�.].1 be signed and �npl cyees will be issued stickers. She felt i£ the a�artrnerrt building res�dents wanted to �rk on � the nurs�.ng home's property, they would be doing so now as there is na fencing. She dtrki't feel this would be a prablan. Mr. (harles Johanson, 424 Itice Creek Blvd. , staie� he knaas qw.te a blt abo� Me7.oc�y M�nor as he has lived in Fridlc� sin_ce 1918. He stated Melody b'L�nor has increased fran one car to iwo �ar 9arages bringing more traffic to the area. He cti.dn't feel the �rk�.ng lot would create additional traffic. He stated it woulc�'t be like a�op�ung center whexe peopl.e axe comina and going oonstantly, but onl.y at oertain hours of thc day. He stated it is hard to make glans for the future and ric,�t naa thE nur�a.ng hane is ralung a lot of �atierits fran the hospiral. Mr. LeY�ling stated both he and his wife have i�een enployed at one time or another at a nursi.nq hane and the parking lots are very well cantrolled. P�r. Jeff Bcyer, �hysi.cal therapist at the nurs�.ng ha�e, stat�d ize knaas har unp�rtant it is for his patients to nave visitors. He fel.t the ry� of traffic th�y are talking about for this ernpioyee lpt isn't going to sic�v.ficant7.y affect the tra£fic on Lyra.c Lane. He statecl tne nursing home and hosp�.tal are valuakale assets to the �imtunity and felt sone allaaances - 15 - � °� �r s �/ e , �1.1, �_ 41�I _�_ � 1�� • • sho�l.cl be made. Mr. Milton Hoifa, 551 Huqo Street, stated he currently has a mother in the Fridlc� Corivalescent Hane. He stated these residents have �yed taxes tor wer 60 years yo he felt thc� are entitled to s�ne oonsideration. He stated the traftic is alread.y ihere and having an access onto Lyric Larie isn't going to dzange the �tuation. He dic�'t feel the nursing horne shouid be sub�ect to a hic;�er oost as this is passed on to the residents. He relt �enething should be worked out to cp.ve it a trial period and if there are � cx�mpl.aints, then rectify it. Ms. Bassness felt onoe the acoess is there, it would be there forever and it would l�e too late to rectify. Ms. Frances Frank, 517 Manor Driv�, Spriny Lake Park, stated she is an c�n�la�ee of the oorr�alescent 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 the3 take a break at 9 a.m. and view Lyric Lane, there i�'t t:nat rnuch traffic at that time. Mrs, Dorothy Artmann, 254 rice Creek Blvd. , stated she works at the corival.escent hane and has an aunt who resides there. She stated if she lived at the hane, sne would'rzt want a drivaaay in front of her bedroc��i or in f-ront of her wincbw. She stated the residents of the home can't come c'�own ana voice an oxamon and felt {xZd that someone would destroy a front yard to put in a driv�aay. She stated she was strongly against a driveway in front af tY7e nursinq hane. Ms. Dolores Peterson, 881Q [�dtson Street, stated she lives across the street fran two churches, but the� put up with the traffic. She stated, as far as trie nursing hane, it is ck�ngerous wall�.ng in the street. She stated all visitors have to come from the street and those two drives are treacherous. Mr. Qareshl, Ciiy Ni�nager, state� it is vexy clear how the neighboreiood � feelN about access onto Lyric Lane. He stated he would like to work with the mnvaiescent home to see about other options. He questioned if an eas�ner�i. muld k�e obtained fran the a�artrnerrt building. Mr. Boo stated he clichi't feel it would be a good alternative because of where the glay area is lacated. ��mcilmar? Goodspeed stated he has the higktest regard for tYze services prwided b� the nur:ang hmie. He stated thc� cbn't tiave to spend this money to all�aate the �rlci.ng prohlaa in the area, but oould tell people co park or_ Lyric Lane. He stated the reaeon he is ha�ing trouble with access onto Lyric Lane is [�ecause the C�.ty cbesn't have control over the speed limit. He stated if the mst of about $6,000 is the main ob7ection to having the drive cpsng in the back, it is not enough. Ms. JucU.ick stated it isn't the rnatn ob7ection. She stated the main reason is taking away fran tne kaack �ati.o area and tize blina curve that would be in the Ix-�ck. Councilman Gooclspeed stated he has to wns�.der the res�.derits of the nursing - 16 - � ��.!� u� _ g. �_ ly •: hane as renters and if you a��ded their voioe ro wno taantec7 aac�ss, i4 would proL�zl�ly be �ust as ma� as those who are npposcd. NDTION 1� Councilman Goodspeed to grant spec� a1 L�.se peinit, SP '�&5-03 w� th access onto Lyric Lane with the follaaing stipulat�.ons. {1) Healtkr Centrai screen off the snoke stack; and (2} this s�ecaal use �riciit revie,aed aiLer one year. Seaonded la� Go�cilman 5chrieider. � F1r. Boo stated this application is Y7� NOLt11 SI]l�lA]C�i11 HOSpitai Dlstrzct and thEy aze responsibl.e for the o�st. He stated he nas no idea �ahat could be _ cbne atbut sareening the snoke stack. He scate� he frankly cti.cin' c see Y?ow the two are tied together, kaut more importantly wo��ld envision the cost to be qiute extraordinary. He stated he has r�o inea whether or not this is acceptahle. M7TION WAS WITHDRPWN BY Q�UNCTLNg1t�7 GOODSPrED WI^1H PERMISSIOiV OF HIS SENNDER� Q�UN(�,�N41N SQ3NEIDII2. NDTION 1� Goi.uicilman Goodspeed to der� spera.al use permit, SP #85-03 wzth access onto Lyric Lane L-or the �rking lot. Secanded by Cowzcilmar� Schneider. Llpon a voiae vote, all voting aye, Nayor tdee declareca trie motion carried unammously. rDTION Y� Cotmcilman G000speed to concux with the xec.ommYendatlon oi the Plaruung Cotnmission to apprwe spec�.al use �rmit, SP #85-03 sublect to tt�e follaaing stipulations: (1) no access be providecl off Lyric Lane; (2) screen parking lot fresn right-of-way and residential propercies; (3} appropriate signage be placed in the parking lot ta inaicate emplcyee parking; (4) parkinq lot lighting to be difiizsed� (5) work with City FF.'ngineer on drainage ra7w.ranents; and (6) if the choice a.s tne driveaay access on tne north side of the building, vananoes on the north lot line Lo be automatically approved wlth the special use pe�mit. Seconded by O�unralman Sarnette. Upan a voi� vote, all voting aye, h�iyor Nee declared , the motion carned unammously. B. CONSIDERATTON OF SPECIAL USE PERtQIT. SF #�5-04 TO ALLOW ��rrzp�•r0is OF A SECOAffi ACY'FS RY BUILDIAIG 4565 3PJ STRF� N E� BY LANCE A. LIDIDMAN: Mr. Flora, Puh].ic Works Director, stated this is a ra�uesc for a special use �ermit to allaa mnstruction of a seoond acces:�ry build7.i�g, a 20 x 16 foot garage, to be used for storage of an antique care He stated thls garage would not have a drivaaay, as the petiti.oner wilY drive the �,ar only abouc once a week during the s�xnmex and not at ali ip tsre w�nipx. INr. Flora stated the Planning Comrnisson recoia;nended approval wa�h a stipulafiion that the special use permit l� revisa� Y� sL-aic �n one qear. NUTION }x Councilman Fitz�trick to �ncur with the reconunendation o£ tY�e Planning Commission and grant special use permit, SP #85-44 wiLr� ti�e iollaaing st�.pulation: That the spec�al use penlit be rEVitwed 1� staif i.n one y�x. Seoonded ��imcilman Schneider. Up�n a vaice vote, all voting aye, f�yor Nee declared the motion carried unanimous].y. - 17 - � -] I ti +� .,. ,a _i' �;%I ��1�. 1_ u�.� !�. �_ 11�L ' 3 N �715• • � �� ... , ��uU---. _�l � l, � ._4 ' �� _ ' �� ' ?_S. i�, • S �I� • s• C�� '� ' ; � _ . � ��n • N�1� � � i � � ��i � � � 1 ' �' �S , - � ��'.-- 1�' .,D ' �i ��I�i Mr. Flora, Puk�lie works Director, statec3 this is a Yeques�t for a vanan� to reduoe the Yroni. yard set{x�ck fran 35 feet to 15 feet to allaa mnstruction � of a ne,a dwelling with an attached garage at 5202 Pieroe Street. Mc. Flora sL-ated the �ohlen with oonstruction on this lot is because of a ravine witla a fast drop in eleaation fran 100 to 74 feet. He stated the exist�.ng houses on the east s�.de facing Pieroe Street are set Ya�ck 25 feet, as varianoes were yranted zn 1979. He stated the house to the west has a 41 foot setlz�ck. Nr. Flara stated there is a ten foot boulcirarc3, thereEore, � the new house has only a 15 foot setback, it wau].d be 25 feet frrni tne curb. N1r. Flora stated a ntnnber of neighbors spoke against the variance, ther�ore, it was deni.ed by the Appeals Comrnission, but the� recommend apprwal. of the varianc� fran the requirea 35 feet to 25 £eet. Mr. FYnn, the petita.oner, stated he has spoke with his neighbors, since the meeting of- the Appeals (bnmiission, and the� are in agreanent with his plaris. Mr. Finn then suknutted a oo� of h�.s plans for this hane. 6�imctlm�n Goodspeed stated, when the Appeals Commission voteci on this varianae re�uest, thc-y denied the variance to 15 feet and reoorunended the 25 ieet because of t:he neighbor's opposition. He statea the pe*_i'cioner has since met with the neignbors and they are in agreement. He stated, therefare, he felt tna Appeals Cor�nission would hve recxazunended approval if the neighbars had been in ayreenent. NDTTON b� cbimcilman Goodspeed to grant the varianae to reduce the required � front y�rd set}a�ck fran 3S feet to 15 feet to allar the construction of a r�w daellina with an attached c�rage at 5202 Pierce Street. Seconded 1� Councilman Fitzgatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unarnmously. C-2, RD�UESl' Ft7R VISRIANC� TO RIDUCE 5IDE YARD SEIBACK FOR AN ATTACHED GFIRAGE 2l7 ALLOW A DETACHED GARAGE TO BE ATTACHED AND INC1tFASE SIZE. 5272 HORIZUN DRIVE N.E., JOE PII2➢GRIN: Mr. Flora, Public Works Director, stated thls is a request for a varianoe to recluoe the r�w.recl sicl� yard setbaek for an attac•hed garage fran 5 feet to 2 feet to allaa a 14 x 26 foot detacheci garage to be attached ana increase the s�.ze to 23 x 34 �eet at 5272 Horizon Drive. Mr. Flora stated staff would recamrnend reducing the garage width to 22 feet to leave thxee feet fran the sauth property line. He stated the south wa11 should also be a firaaall witYi no o�mngs. �:� � ��.1� • u_ l,: • 1!� Mr, Flora stated the Appeals O�unission recornmYended demal to xeduce zhe �tk�ck £ran five feet to two feet. (b�mcilman Fitz�trick stated staff had recomrnended thrce �eet Lran t;�e south �xo�erty line, rather than the two feet requ�sted kr�� the p�Litloner. He statecl thz petitioner proceeded with his oriainal rec�ues�, there=ore, it was denied by the Appeals Comnussion. he stated there has been no neic�borhood oppostion to tnis variance ana felt the petitioner has no , alternative as it is not feas�.41e to bu�.ld in the L�ck. NDTION b� Q�uncilman FitzFatrick to grant a variance to reduce i�?e rec�uirecs side yarcl setlx�ck for an attached garage fram 5 LeEt to � ieet ta al.laa � 14 x 16 foot detachecl garaqe to be attadied and increase the size to 22 x 34 feet at 5272 Horizon I7tive, with the fallaaing stiu�iulat.�.on: That ihE soucY9 wall of the new garage be a firc-�aa11 with no o�aer�inys. Ser.onded by Cbimeilman Sch�reider. U�on a voice vote. all voting aye, N�yor Nee c'eclaxecl the motion carried unanimously. '?• ^� •S �S_� _ • ;�� _;� _s.� i: � �« �� '_ u�;_�� r�;� y ��• -- Mr. Flora, Public Works Director, stated this ia a roquest for a variatioe to reduce the required rear yard setix3ck for one-quarter eL' the lot depth {34 feet) to 26 feet to a11aa �nstruction of an attachecl garage, 32 x 24 feet, at 711 I+larigold Terraoe. He stated the petiuoner stated a triree car c�rage is needed to house three cars. Mr. Flora stated if the pet�.tioner were to biulci a detac#iec7 �rage, kTe wout� not need a varian�, haac�er, he preEers to atia� it to has present nous� with a new room to be provided between the existing house ar_d the new garage. Mr. Flora stated the Appeals Cor�unissian was s�lit on wYiether er not this was a self-unposed hardship and it was a split vote on their � remmmenciata.on for ap�wal. Mt. Day, the petitaoner, stated the reason he dasigned it in this manner wa� because he didn't have enough roan on the sde to bu�.ld an attacried garage the size he wi:�ed. He stated he wanted a triple garaqe for their ihree vehicles. He stated, with the shape of the lot, the oiily way to build a c}arage that large is to the rear oi the pto�rty and he woul.d like to ati.adz a new adci�.t�on to include a cti.ring and reer�tion rocm between the e�sting structure and new garage add�.tion. N�iyor Nee asked wkry� the neighbor, Mrs. Traabridge, was op�osed. I✓�r. Flar� stated A7rs. Tra��bridge c3�.cLi't lmaa af tnis ac�cu.t,ian would affecL- the re:�ale value of her hane. She also stated she didn't want Lo be the cause ior denial of this variance rec,uest. PDTION 1� Cotmcilman Goodspeed to grant the varianc� r�quest to zeduce ti?e requi.red rear yard setkz3ck for on�quarter of tne lot depth (34 feet) to 26 feet to allaa the oonstruction of an attached garage, 32 x 24 feez at 71i Marigold Terraoe. Secnnded !x Counc,�lman EYtz�tricic. iJpon a voiee vote, all vatiny aye, Mayor Nee c3eelaxecl Yhe motion carxied unasuraously. -19- � �t �R°� .� � r n �� I� �_ 4�_?� .�. • l�l • • � •7� �• '_i.� • �'JI� � �i� �@� � .\ �� ' � ��I 91� _i�:. "1 i.��' �i\ _ ��\.:_� '�'?��4 � _ Mr. F`loru, Public Works D�.rector, stated this is a request for a varianae to reduce the side yard setlxZCk to alloa an add�.tian to an existing garage. He state� the peta.t�.oner wiskres to add to his single car garage as he needs additional space for his car and boat. He stated if this variance is apprwed, staff wcul.d reoommend the west wall of the garaqe addition be a � fixc�aall. Nlr. F`lora stated there was ob7ection fran the neighbor to the west, Mr. Wallraff, 930 Pandara Drive, and the Appeals Ccnunission reoonunended denial. C'.ouneilman Goodspeed stated he has talked both with tA�. Frorn,t and Mr. Wallraff and if this variance is allvac-�d, the back corner of the proposed garage and the ad7aaent ktouse would be 13 feet a�art in the back and the froiat mrners would }�e 17 feet a�art. Cbunca.lman Barriette stated he also talked with Mr. Froom and Mr. Wallracf and asked Mr. Frcxm if he would Yxuld a snaller c�rage, to wtudi he ayreed. Mr. Wallraft, 930 Pandora Drive, stated he would still ob�ect to tt�e varianoe. Caunc2lman Goocispeec7 statea if the neighbor ob�ec;ts and you g�.ve permission fo build a 20 foot garage, when an 18 foot garage can be 6uilt without a varianc�, he feit it would set a�ecedent. �7r. Herrick, CLty AttornEy, stated in thls case the O�unc11 has to deteniline whether there is a demonstrated hardship and the test is whether the properiy is unique wtu� would �ustify granting the variance. He statecd if the Cbuncil follaas their Fast pre�derrt., thc� proba}al.y woulch't grant it. M7TIOPd ]x d�unralman Goodspeed to concur With the Appeals Commission and � derr� thls varianoe request. Seoonded l� �imctlman Sc#ineider. Upon a voioe * vote, Q�w-icilman Barnette voting nay, Mayor Nee declared the motion carnec� L-y a vote of four to one. The Council reoeived the minutes of thc Plarunng Conunission meeting of May 22, 1985, 'y �► . . •. •• ; • • � ��: � i � � a . �i�. ;�� NDTION 1� Councilnan ScY�neid`r to receive Petit�.on No. 6-1985. Seconded by Co�mcilman Goodspeed. Upon a voioe vote, all voting aye, N�yor Nee declared the mot� on carriec� unammoL�sl.y. riDTION 1� �uncilmae Goodspeed to cti.rect staff to renove the "no parking" sic�s on 7th Street beiween 6lst and 63rd Avenue. Seconded by Councilman Schneider. Up�n a voioe vote, all voting aye, N�iyor Nee declared the motion carriecl unammously. -20- * As corrected by Council at meeting of June 17, 1985. � � � L-1 �� l�. _ u! _p# _�. • 1)� �? . � ,. � ' I� •�1. �� • •_ :�._C�_ � �IS 91_ �Jy��.1 • 'd _4 Mr. Timan, (7ty C1erk, stated two bids were received for tlie electroni�. voting �uignent. l�DTION b� d��cilman SdZrieider to receive the bids. VFNAOR 7Yiornber ELection S�stens 328 S. 3efferson Stxeet Ch7.cago� 7L 60606 800/621-1181 5� BII7 BCND r r � .. � y�. , SINGLE DISK DR1VE OFTIONAL Q2T TERPfiII�IAL BII,1VF12Y Ll'�TE Fidelta.y and Depos�.t ComFanz' Reader $4,OOD.00 Printer 52�000.0� 56.000.00 $7,000.00 $1,115.00 30 Days After Award of Bid E.L, �irkeung 25 b�7. 651 7Yr�a�ath Cx. Whs�ton, IL 60187 312/66E-2987 No Bic� Bond ii�der $4,200.U0 Prznter S2,3D� oa 56,500.00 $3,000.00 (com�.y.iter card port ror IBNrXT} IVone 30 Days After tlwarci oi Fsid Se�nded b� Cotmcilmar? Barnette, i7�nn a voic� vote, a11 voLing aye, Mayar Nee declared the motion carried unanimously. Mr. Innan stated the bid frcm E,L. Marketing as noL acceptable becai;.se it is not in mmpl.iaroe wxth the bid specifications. He scate�, ther¢ore, it s� reoanunendec7 the Cotmcil accz�pt the l�.d frcm Thornber Flection Systens in �si� amoimt oi $14,115. NDTION 1� Cr�unra.Irnan Schneider to award the conkract for the electronic voting systa�i to the laaest qualified bidder, `iizornber 7�Lection S�sterns, in the afnount af $14,115. Seconded ��uncilman Basnette. U�nn a wice vote, all voting aye, N�yor Nee declared the motion rarrxea unammouaiy. :,_ �I �, : � � n �• ��•: _�� • �1�;� �. �• P�S' a� ,� �'.�� ' ' � � 71 " 1 ��Q 9 Ntr. F7.ora, Public Works D�.rector, stated three bids were ieceived ior �re 1985 sealooating pro� ect. - 21 - _, ,� .� �� 14 ._.. �� _ �� . • i� NDTION b�r Co�u�ca.lmzn Barnette to re�ive the bids. �dY1t10.LC12Y Allied Blacktop Co. 10503 89th A�e. N. Ni�ple Grove, MV 55369 Barber Construc2ion Co. P.O. Box 5324 Hopk�.ns, Nfl 55343 BuPfa7.o Bituninous Box 337 BuEfalo, NN 55313 Bid Bond 5% United FYre and Casua].ity 5% Rel iance Ins. Q�. 5� Umted Pacafic Total Bid $57,072.00 $57,810.00 $59,040,00 Seoonded 1� �uncilman Schneider. Upon a voice vote, all voting ay e, May or Nee declareG the mata.on carried unan�.mously. P4r. Flora stated the law bzdder was Allied Blacktop Com�ng and would reo;7rnnend the oontract be awarced to than. NDTI�I kr� O�unca.lman Sarrette to awarci tkie o�ntract £or the 1985 seaLo�ata.ng pro�ect to the laa bidder, Allied Biacktop Com�any, in the amount of $57,q72, Seconded l� d�uncil�n Schneider. Upan a voice vote, all voting aye, M�yor Nee declared the motion carned unammously, � x � � � �� • � �rC.�� _�, ��►1�4;;_ •. .. .. •;� � • ,� s Mr. Flora, Public Works Director, statecl three bids were received for this irrigati.on pro7ect. NDTION ky Counca.lr�an Schneider ta receive tYie bids fnr the 1985 Mississippi Street Srri�at�.on Pro�ect. . . . Natural� Green Tnc. 1660 Arboretun Blvd. Cl�anhassen, NN 55317 Nnckman BrotYzers 14630 Hwy #65 Anoka, NN 55304 Albrecht Irrigat� on 1408 W. Q�unty Road C Rosevi7.le, NN 55113 BQdD 5% Wausau Tns. 5o State Surety Co. (Yieck f ran Mi.d,aa� National • -� - $16,463.00 $18,850.00 $14,936.00 Seoonded 1� Cbwicilman Barnette. U�on a voice vote, all voting aye, Mayor Pdee declared fhe moti.on carrieci unammously. Me. Fl�ra stated the laa biclder was Albredit Trrigation anciwould rEC��end - 22 - � � � � � �� 1� . � ui ��. • 11�i the mntract be aaarded to then, M7TION b� Councilman Schneider to awarn the contract for the 1985 Mississippi Street Irrigation Proaect to Lhe low hidder, Albrecht Trriyata.on, in the amount of $14,936. Seconc�d i�r Councilnlan Fitz��i.Lacic. Upon a voice vote, alI voting aye, Mayor Nee declared the notion c;arried unammously. ;a, illn � :.�n �� • � � �� . �� •, . ,. 'S�4S al � i� •;� - Mr. Flora, R�lalic Works Ihrector, stated seven bids were received ior this landscaping pro7 ect. NDTTOAI b� Crnmcilman Sdzneider to reoeive thes� bicds. � . � � �• Natural Green Inc, 1600 Aboret�sn Blvd. Chanhassen, NN 55317 Nfargolis Bros. ]17] W. Larpenteur Ros�ville, NN 55113 Landscape Exca�ation Sexv 7420 Umty Ave. N. Brooklyn Park, NN 55443 Hoffman and MdVanara 2601 Glendale Road Hast�.ngs, NN 55033 NoYil.e Nursery 8659 Central Ave. N. E. Blaine, rN 55434 :�� 5e wausau ins. 5� Umted F� re Casu3lty �� 5� Central National Ins. C�nFani' 5g Great Pmer Insuran� Co. 5� Dependak�7.e Ins. Co. Minnesota Valle� Landscaping 5s Umted 9700 West Bush Lake Rd. Fire & Casualty Bloanington, PN 55438 Lino Lakes Landsmping 5� Ca�utal 18400 Lexington Ave, Incienuv.ty Yiyaning, 1+N 55092 Ins. co. � $39,657.98 $36,035.90 $42,376.f30 $36,574.60 $28,489.35 $38,013.75 $28, 97 4.7 4 Se�nded lx Cc>uncilman Barnette. Upon a voice e�ote, a11 vaung aye, Mayor Nee declared the mot,ion caxsied unammously. Mr. Flora stated tiie laa bidder was Lino Lakes Landscaping and woula reoommend the oantract be aaarcled to than, M�TTON by Councilman Schneider to awarci tne contract for the 1985 N7ississippi Street Landscapinq Pro�ect to the low bidder, Lina Lalces Landscap�.ng, in the amount of $2$,974.74. Seoonded 1� CAUnc�.lman Barnet�e. -23 - �rir .'r , t y r F �� 1� . . 4� _?1_ �. � 11�1_ �'r� �J� Upon a voice vote, all voting aye, Mayor Nee declared Ehe motion carxied unarnmously, 1 . � �e4 � � ' � ' �4�� ._ .4�1 .i� �� C \YS� '�. S__.4 �it.'i_ i 4�_ �'� 9 • ` 1_ 1�'S � � l : i •� �u _ � \ �!C_ 7+y. C_ � C NDTiON kr� Coun�lmar! F'itag�trick to acb� Resolution No. 54-1985. Seoonded t� Caunciirnan Barnette. [Tpon a voioe vote, all voting aye, Mayor � Nee declareca the mot,ion carned unammously. � � .� •: � �•u �� ._ •: '�,l� :�; � , •�• • • �•�� ;�•�;� �;� �� ._ �, uM�� u9_ Mr. F`lora, Public Worls� Director, stated with the proposed develognent of Su1-�er-Pnerica on 57th and Umver�ty, there has been work done to obtain tiie eas�nents and ri�t-of-way for a loopback. He stated, in vacating this property, it was faund there wan't clear title to the property west of the section line. Iie statecl tYie Czty has the authority to start condemnation procedures in arcler to prwide clear ts.tle to this properzy. He stated, currently, tl�ere as a question whether to wnde�nn both �rcels Z and 2 or 7ust �aroel 1. He stated, at this �oint, it would be appropriate for Cawic�.l to acb�.t this resolution and the attorneys can det�nnine hor� to ��rooeed. Mr. Herrick, CS.ty Attorney, stated Super-t�merica ayrees to �ay for the legal £ees and arry aaarc�s. NDTION }� Councilman Barnette to adopt Res�lution No. 55-1985. Seconded }x Goimcilman Scf�neider. il�on a voice vote, all voting aye, P'�syor Nee declarec3 the motion carried unaiurnousl��, 18. Eb'T'IMATES: I�'DTION 1� Coimcilmax? Baxnette to a��we the estlmates. Shor t-IIl iott-Hendri ckson 222 Fa� Little Canada Road St. Paul, Md 55117 100-'iWin Dr1v�In Pro�ect Partlal Es�timate - Irrooice 4294 . . . . . . . $ 904.74 Herrick & Neamazi, P.A. 6279 Umvers�.ty A�enue N.E. Fric�.e�, NN 55432 For Services Rendered Ebr Nbnth of April !� City Attorney. . . . . . . . . . . $ 3,010.75 -24- � � � i� 1,.M__ 4�_ �l \. � 1)AI_ ' : Seoonded lx Councilman Fitz�trick. Upon a voice vote, a7.1 voring aye, Mayor Nee cieclared the motion carried unaru.mously • M 4, lyDTiON lx Councilnan Schneider to authorize payment oi Claims No. 2657 rhrouc,� 2929. Seoanded I� Councilman F`itz�trick. U�on a voice vote, �.1 voting aye, Nhyor Nee decLared the motion carried unaniraous7.y. 20. LICII�7SE5: The Co�ca.l added Consideration of a Fooci License for the 49er' s to the agenda. NDTION Ix �w'icilman Schneider to apprwe tYie food licer�se for tne 49er's and wa�.ve 'rhe fee. Seaonded 1� Co�ica.lman Barnette. Upon a voioe voLe, al.l voting aye, N�iyor Nee declared the motion c-urrieci unammous].y. I�DTION i� Councilman Sc�neider to apprwe �Ze lzaenses as suL-nutted and as on file in the Lic�nse Qerk's OEfice. Secoi�ded by Counc�.lman Sarnette. Upon a voice vote, all voting aye, Ni�yor Nee aeclared the motion carried unanimou:ly. �! • �S_ ��P MOTTOh] ix� Councilman Batnette to ad7ourn the meeting. Secondecl �p Onmctlman Sd'ineider. Upon a voioe vote, all vot,ing ayE, N�yor Nee de�lareci the motion carried unanimausly and the Regular N�eting aL the FridlEy Ctty Coimc2l of J�e 3, 1985 adjourned at 12:35 a.m. Respectful"ly sutrnxtted, � �`�' �-,r�� Cdral e Haddad Secretaxy to the (ity Ntuicil -25- � / �/ � Yu�,7.11an . Nee T�ayor / / i � ��