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05/20/1985 - 5176.� • • . fRIDIEY CITY COUNCIL MEE'fING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERES7ED IN DATE: r�ay 20, 1985 • NAME ADDRESS � ITEM NUMBER ` -------- e� -csr=ss�so=s =sa c==a -=_aacacaa=c=ac=cca==a=�ta=s==cc _____-.. =s=xrsasa cac=c=a----- ( - --=c=c�r -- - /'p� � i ,�` ' ,, � � l . "! � j 5 ,� .,j�....�.t+"'� ! �- tilrx' .�'�,,.ij L„i �:a ��. . .: ,��'`-... . ��J �X,� , � � x�.. i , �'�,.�� - �`r' � . �1, S �T�T"�. � �l / - � �-r` n� �. � �--�,-�, ,. ,, �� r�'' ;,�,.-�;� � � i ,i �� F�_ /� :..r.'s.Y!'L-,�.. . �f y/ C, �+ `±i" �� :}�� • � � � � e , ' �?, � _ � � �... ` � � r,- , �,/G , f �::° .��'+�.-� � .-- � !� ,.:� �� `-e,r .. � .� � �,,.,. '.. . , r� .� T" � n^,"' � � { � . � r wA,, '"� j / � � , . ; _ . � . _ �l � � ; _ —7 `r �ia �`�" � ,J ' .,�'��,I � �` �,� � ,.. ��.� �- � � �_ n _ I �� . , , � ,t� j�, � � ,I /�/' /++�r �—t ��'� — .t� _ � L �!. _ _ f. ,lt ..!-- 'Ji��,. � /r.�� %� ,f't;.1�L^�� •r L��..3'.l.d.! ..°i '—�X�i�.� ) 0 ❑ First Bank . . � � Southdale R I First Southdale National Bank 7001 France Avenue South • Edina, MN 55435 • 612-927-1200 8loomington Office 8000 Lyndale Av. S., • Bloomington, MN 55420 • 612�3302 rr�y 20, 19s5 Mr. Sid Inman Director of Services City of Fridley Dear Mr. Inman: We have received cost estimates for the construction of a 75,000 sq. foot facility to be leased by Strite-Anderson Manufacturing Company for use as a manufacturing facility. Based on a preliminary review of the project proposal and financial information provided by Strite- Anderson, the financing of this project with a$1,000,000 tax-exempt mortgage or bonds appears to be economically and financially feasible. This letter does not represent a commitment by First Southdale National Bank to issue tax-exempt financing for this project. Sincerely, �� Gene M. Cross Assistant Vice President GMC:pr Member First Bank System Member FDIC �' Council Meeting, May 20, 1985 Page 2 � • � : �i;i�'�� Consideration of Request for Special Use Permit, SP #85-01, to Allow Rule 36 Residential Mental Health Program for Anoka County, Community Options Ltd. , 5378-5384 - 5th Street NE, by Ranae Hanson, (Tabl ed 4/15/85 ) . . . . . . . . . . . . . . . . . . . . . . 2 This item was continued to the Council Meeting 'of J une 3 , 1985 Pi1Ri.TC WOIZRS--ACTION TAREAi: Item Pl aced on next agenda Consideration of Award of Street Improvement Project Water and Sew er # 150 ( Fr om Meeti ng of May 6, 1985 )..... 3- 3 B Contract was awarded to Hydro-Con, Inc. PiIRLIC WORRS--ACTI4N T�REN: Bidders Informed of Council action Consideration of Award of Street Improvement Project ST 1985 - 1&2 (From Meeting of May 6, 1985) . . . . . . . . . 4 Contract was awarded to H& S Asphalt, Inc. PUBL•IG WORRS--ACTION TARENi Bidder s Inf ormed of Council action . Council Meeting, May 20, 1985 ► �, , Page 3 Consideration of First Reading of an Ordinance to Vacate a 7 Foot Drainage and Utility Easement, 6747 Washington Street NE, Arnold M. Ruhnly . . . . . . . . . . . . . . . . . 5 - 5 B Ordinance adopted on first reading PDBL•iG WORRS--ACTION TAREN: Ordinance placed on next agenda for consideration of second reading Receiving the Minutes of the Planning Commission Meeti ng of May 8 , 1985 . . . . . . . . . . . . . . . . . . . 6 - 6 KKK 1. Considerati on of Fi nal Pl at, P. S. #85-01, Landmar k Addition, By Robert McAdam ......................... 6K - 6M P�anning Gomm Recommendat�on: Set Hearing date & 6V - 6X �ouncil Action Needed: Set Public Hearing for June 3, 1985 Council set hearing f or June 3, 1985 ptlBL•IG WOi�RS--ACTION TAREN: Public Hearing Set f or J une 3, 1985 2. Review of a Proposed Ordinance Recodifying the Fridley Code by Adopting a New Chapter 105 Enti tl ed "Weed Control "and Repeal ing Old Chapter 105 in its Entirety ........................ 6M - 6N Plann�na Coinm. Recommendat?on: Approval with & 6Y - 6DD recorunended changes sitv Council Action: Receive for Review Proposed ordinance was received for review pva1.TC WO S--ACTION TAREN: Placed proposed orc]inance on next agenda for consideration of first reading 3. Qonsideration of Approval of Sign Plan for 7570 Highway f65 NE, Roger Larson .............. 6N Pla�ina Comm. Recommendation: Passed on to & 6EE - 6IT Council �� Go �nc? � Ac � o • Consideration of Plan Sign plan was approved PiIRT.I C WORRS--ACTION TAREN : Appl i ca nt i nf orm ed of Council approval Council Meeting, May 20, 1985 , �. . • � � - . (Planning Commission Minutes Continued) 4. Review of a Proposed Ordinar�ce Recodifying the Fridley City Code by Amending Chapter 214 Entitled "Signs" ................................... 6 0 Planning Comm. Recommendation: Tabled & 6JJ - 6RK Citv Council Action: Receive for review proposed ordinance was received for review PUBLiC WORRS--ACTION TAREN: Item placed on next agenda for consideration of first reading 5. Review of Proposed Ordinance Recodifying the Fridley City Code by Adopting a New Chapter 20 8 Enti tl ed Satell ite Di sh Antenna Regulations ........................................ Planning Comm. Recommendaton: Approval with recommended changes Sitv Council Action: Receive for review 6 0 & 6 LL - 6 NN Proposed ordinance received for review pt1BL•T� WORRS--ACTION TAKEN: Item placed on next agenda for consideration of first reading 6. Review of a Proposed Ordinance Recodifying the Ci ty Code by Amendi ng Chapter 113 Enti tl ed "Ref use Disposal" by Renaming it "Solid Waste Disposal and Recycling Collection" by Adding Sections 113.05, 113.09 and 113.11 and by Amendi�ng Sections 113.01, 113.06, 113.07, 113.10, 113.12 and 113.13........... Planning Comm. Recommendaton: Approval Citv Council Actions Receive for review Page 4 6 P & 6 00 -.6W Proposed ordinance received for review �OBLZC WO S--ACTION TAREN: Item pl aced on next agenda for consideration of first reading Council Meeting, May 20, 1985 ► �1. � • r r -• (Planning Commission Minutes Continued) 7. Consi derati on of Item f rom the Communi ty Development Commission Meeting of April 9, 1985 Regarding Blue Bell Ice Cream Sales ................. 6Q - 6R P1 nning Comm. Recommendation: Change noise &WW - 6YY ordinance and make current exception ,��tv-Council Action: Consideration of recomm endation Hearing was set for June 3, 1985 and Council to be furnished with draft of ordinance amendment pUBL•TG WORRS--ACTION TAREN: Ordinance being draf ted. Proceeding with arrangements for public hearing 8. Consideration of Item from Appeals Commission Meeting of April 23. 1985--Request for a Variance to Al l ow the Total of Accessory B uil di ngs to be 1,000 Sq. Ft. with a Dwelling of 900 Sq. Ft. to Allow Construction of a Garage Addition and Breezeway, 6020 - 4th Street NE, by David Byrne.... 6ZZ - 6 FFF gAnea�s Comm Recommendat�on: Approval Council Action Needed: Consideration of Recommendati on Variances approved P�BL•TG WO S--ACTION T R N: Applicant informed of Council approval 9. Consideration of Item from Appeals Commission Meeting of April 23, 1985-- Variances to Reduce Square Footage for pouble Bungalow, Side Yard Setback on corner Lot, and Front Yard Setback to Allow Construction of a Double Bungalow, 5536-5538 7th St. , by Chuck Westling ............... 6GGG - 6KKK 8�neals Comm. Recommendation: Approval � Council Action Needed: Consideration of Re oomm enda ti on. Variances approved p.(ZBL•iG WORRS--ACTION TAREN: Appl icant inf ormed of Council approval Page 5 Council Meeting, May 20, 1985 ► �1 � � • � � - . Consideration of Special Use Permit, SP �84-07 to Vary Building Location, 6875 University Avenue NE, Woodcrest Bapti st Chur ch . . . . . . . . . . . . . . . . . . Petition received. Item tabled to June 3, 1985. Staf f to meet wi th Ch ur ch' s engi neer to try and come up with alternative. Also hold meeting with -church representative and neighborhood pQBLTc woRRS--ACTrON T�R�: Presently working with Church's engineer, representative and neighborhood people to find satisfactory alterna�.ive Page 6 7 - 7 F Consideration of Extension of Special Use Permit, SP �82-12, Park Construction Company Rock Crusher, 7900 Beech Street . . . . . . . . . . . . . . . . . . . . . . 8 - 8 C Extension approved PnaLTc wo RS--ACTION TP�REN: Company informed of extension granted by Council Consideration of a Joint Power Agreement, Punch Card Ballot Counting Equignent . . . . . . . . . . . . Agreement approved cFNTRAr. SERVIGE--ACTION T1�R�N; Agreement executed and forwarded to appropriate parties Consideration of a Resolution Giving Preliminary Approval to a Project Under the Minnesota Municipal Industrial Development Act, Ref erring the Proposal to the Minnesota Department of Energy and Economic Development for Approval and Authorizing Preparation of Necessary Documents. (Our Realty Corporation) . . . . Resolution No. 49-1985 adopted cENTRAr. S�RVTGE--ACTTON T1�KEN• Informed Corporation of Council preliminary approval . . . 9 - 9 D 10 - 10 B Council Meeting, May 20, 1985 ► �. � • � � - . Page 7 Consideration of a Resolution Approving the Sale and Issuance of $4,070,000 Tax Increment Revenue Bonds of 1985 of the Fridley Housing and Redevel.op- ment Authority; and Authorizing Execution and Delivery of a Bond Purchase Agreement, Escrow Agreement and Amenc�nent Agreement . . . . . . . . . . . . . . . . . . . 11 - 11 K •Resol uti on No. 50-1985 adopted �SNTRI�L S�RVICE--ACTION TAREN: Proceeded as a uthoriz ed on sal e of Bonds Consideration of a Resolution Authorizing the Establ ishment of an Escrow Fund f or the Payment of Industrial Development Revenue Bonds (Farmers Union Grain Terminal Association Project), Series 1980; Authorizing the Execution of an Escrow Agreement ...... 12 - 12 P Resol uti on No. 51-1985 adopted subj ect to concurrence of Finance Officer CENTR�L SERVICE--ACTION TAREN: Proceeded as authorized, with concurrence Consideration of a Resolution Authorizing the Commissioner of Transportation to Enter Into an Agreement �iith the Burl ington Northern Rail road Company to Improve the Railroad Crossings in the City of Fridley. ......... 13 - 13 B Resolution No. 52-1985 adopted PUBLIC WORRS--ACTION TAREN: Resolution Forwarded to appropriate parties Consideration of a Resolution Authorizing Dispatch and Use of City Dquipnent and Services by City Manager in Emergency Situations . . . . . . . . . . . . . . . . . . . 14 - 14 B Resol uti on No. 53-1985 adopted POL•IGE DEPT.--ACTION T1�REN: Resol uti on f il ed Council Meeting, May 20, I985 ► �. ► • � � - . Page 8 Consideration of Change Order No. 4 for Fridley Garage and Storage Facil ity . . . . . . . . . . . . . . . . . . . . 15 - 15 C Change Order approved POBLIG WORRS--ACTiON TAKEN: Wil l exe cute change or der 0 Appo i ntm ent, Ci ty F�n pl oy ee . . . . . . . . . . . . . . . . . 16 Debbie Mootz appointed as Planning/Code Enforcement Clerk in Public Works Department GZTY MANAGER--ACTION T1�REN: Informed accounting of new e1np1 oy ee Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17 F Approved cFNTRAj• SERVIGE--ACTION TAREN: Issued 1 icenses C1aims . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Appr ov ed CENTRBL SERVICE--ACTION TAIIEN_: Pai d cl aims Est imate s . . . . . . . . . . . . . . . . . . . . . . . . . . � 19 Appr ov ed �BNTRA� S•RVTGE--A�TION TAREN: Paid estimates ADJOURN: 10:15 P.M. � FRIDLEY CI TY COU N CIL � MaY 20, 1985 - 7:30 P.M. . � � : _► f';1�� u: �► NATIONAL PUBLIC WORKS WEEK �1aY 19 - 25, 1985 =": � = � u ► BOARD OF REVIEW MEETING. MAY 6. 1985 CITY COUNCIL MEETING. MAY 6. 1985 : �I�liii�l►�� : ► � : C�T' ► �7: .0 � : (CONSIDERATION OF ITEMS NOT ON AGENDA - 15 MINUTES) � �. � :� ► PUBLIC HEARING ON A PROPOSED PROJECT AND THE � ISSUANCE OF APPROXIMATELY $1,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (OUR REALTY CORPORATION) ..... 1- 1 C 0 COUNCIL MEETING, MAY 20. 1985 � _ � _� _ ►±�?� PAGE 2 CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT. SP �85-01, TO ALLOW RULE 36 RES�DENTIAL MENTAL HEALTH PROGRAM FOR ANOKA COUNTY. COMMUNITY OPTIONS LTD.. 5378-5384 - 5TH STREET NE. BY RANAE HANSON, ( TAB�E� 4/ 15/85 ) . . . . . . . . . . . . . . . . . . . . . 2 CONSIDERATION OF AWARD OF STREET (MPROVEMENT PROJECT WATER AND SEWER �150 (FROM MEETING OF MAY 6, 1985) ..... 3- 3 B CONSIDERATION OF AWARD OF STREET IMPROVEMENT PROJECT ST 1985 - 1&2 (FROM MEETING OF MAY 6, 1985), ........ 4 COUNCIL MEETING. MAY 20. 1985 1 . : ► PAGE 3 CONSIDERATION OF FIRST READING OF AN ORDINANCE TO VACATE A 7 FOOT DRAINAGE AND UTILITY EASEMENT. 6747 WASHINGTON STREET NE. ARNOLD M. KUHNLY . . . . . . . . . . . . . . . . . 5 - 5 B 0 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEET I NG OF MAY 8, 1985 . . . . . . . . . . . . . . . . . . . 6 - 6 KKK 1. CONSIDERATION OF FINAL PLAT. P.S. #�85-01. LANDMARK ADDITION, BY ROBERT MC/�DAM ......................... 6K - 6M PLANNING C�MM. RECOMMENDATION: SET HEARING DATE 8 6V - 6X COUNCIL ACTIQN NEEDED: SET PUBLIC HEARIN6 FOR �UNE 3, 1985 2. REVIEW OF A PROPOSED ORDiNANCE RECODIFYING THE FRIDLEY CODE BY ADOPTING A NEW CHAPTER 105 EN7ITLED "WEED CONTROL��AND REPEALING OLD CHAPTER 105 IN ITS ENTIRETY ........................ 6M - 6N PLANNiNG COMM. RECOMMENDATION: APPROVAL WITH � 6Y - 6DD RECOMMENDED CHANGES �I� COUNCIL ACTION: RECEIVE FOR REVIEW 3. CONSIDERATION OF APPROVAL OF SIGN PLAN FOR 7570 HIGHWAY �65 NE. ROGER LARSON .............. PLANNING CONLM. RECO MENDATION: PASSED ON TO COUNCIL C1TY COUNCIL ACTION: CONSIDERATION OF PLAN 6N $ 6EE - 611 COUNCIL MEETING. MAY 20. 19$5 1 a � ► •r ► � iPZANNING COMMlSSION MINUTES CONTINUED) 4. REVIEW OF A PROPOSED ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 214 ENTITLED"SIGNS" .............................�..... PLANNING COMM. RECOMMENDATION: TABLED �ITY COUNCIL ACTION: RECEIVE FOR REVIEW Pas� 4 b0 86JJ-6KK 5. REVIEW OF PROPOSED ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY ADOPTING a NEw CHAPTER 208 ENTITLED SATELLITE DISH ANTENNA REGULATIONS ........................................ 6 O PLANNING COMM. RECOMMENDATON: APPROVAL WITH g 6LL RECOMMENDED CHANGES CITY COUNCIL ACTION: RECEIVE FOR REVIEW 6. REViEW OF A PROPOSED OROINANCE RECODIFYING 7HE CITY CODE BY AMENDING CHAPTER 113 ENTITLEO °REFUSE DISPOSAL" BY RENAMING IT '�SOLID WASTE DISPOSAL AND RECYCLING COLLECTION" BY ADDING SECTIONS 113.05. 113.09 AND 113.11 AND BY AMENDING SECTIONS 113.01. 113.06. 113.07. 113.10, 113.12 AND 113.13........... e�ANNIN6 CO M. RECOMMENDATON: APPROVAL CITY COUNCIL ACTION: RECEIVt FOR REVIEW - 6NN 6P $600-6VV COUNCIL MEETING. MAY 20, 1985 (PLANNlNG COMMISSION MINUTES CONTINUED) 7. CONSIDERATION OF ITEM FROM THE COMMUNITY DEVELOPMENT COMMISSION MEETING OF APRIL 9, 1985 REGARDtNG BLUE BELL ICE CREAM SALES ................. 6Q - 6R PLANNING COMM. RECOMM�NDATION: CHANGE NOISE 8WW - 6YY ORDINANCE AND MAKE CURRENT EXCEPTION CITY COUNCIL ACTION: CONSIDERATION OF RECOMMENDATION 8. CONSIQERATION OF ITEM FROM APPEALS COMMISSION MEETING OF APRIL 23� 1985--RE�UEST FOR A VARIANCE TO ALLOW THE TOTAL OF ACCESSORY BUILDINGS TO BE 1.00� Sc. FT. WITH A DWELLING OF 900 So. FT. TO ALLOW CONSTRUCTION OF A GARAGE ADDITION AND BREEZEWAY. 6020 -�7H STREET NE. BY DAVIQ BYRNE.... 6ZZ - 6 FFF APPEALS COMM. RECOMMENDATION: APPROVAL � �OUNCIL ACTION NEEDED; CONSiDERATION OF RECOMMENQATlON 9. CONSIDERATION OF (TEM FROM APPEALS COMMISSION MEETING OF APRIL 23, 1985-- VARIANCES TO REDUCE S�UARE FOOTAGE FOR DOUBLE BUNGALOW. SIDE YARD SETBACK ON CORNER LOT. AND FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF A DOUBLE BUNGALOW. 5536-5538 7TH ST., BY CHUCK WESTLING ............... 6GGG - 6KKK APPEQ�S COMM. RECOMMENDATION; APPROVAL COUNCIL ACTION NEEDED; CONSIDERATION OF RECOMMENDATION. PAGE 5 COUNCIL MEETING. MAY 20, 1985 ► � � 1 •► ► � PAGE 6 CONSIDERATION OF SPECIAL USE PERMIT. SP #�84-07 To VARY BUILDING LOCATION. 6875 UNIVERSITY AVENUE NE. WOODCREST BAPT I ST CHURCH . . . . . . . . . . . . . . . . . . 7 - 7 F 0 CONSIDERATION OF EXTENSION OF SPECIAL USE PERMIT. SP �82-12. PARK CONSTRUCTION COMPANY ROCK CRUSHER. 7900 BEE CH STREET . . . . . . . . . . . . . . . . . . . . . . 8 - 8 C CONSIDERATIOW OF A �OINT POWER AGREEMENT, PUNCH CARD BALLOT COUNTING E�UIPMENT . . . . .,. . . . . . . 9 - 9 D .:� CONSIDERATION OF A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT. REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF ENERGY ANO ECONOMIC DEVELOPMENT FOR APPROVAL AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS. iOUR REALTY CORPORATION). ....... 10 - 10 B � COUNCIL MEETING. MAY 20. 1985 CONSIDERATION OF A RESOLUTION APPROVING THE SALE AND J55UANCE OF 54,070.000 TAx INCREMENT REVENUE BONDS OF 1985 oF THE FRiDLEY HOUSING AND REDEVELOP- MENT AUTHORITY: AND AUTHORIZING EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT. ESCROW AGREEMENT AND aMENDMENT AGREEMENT . . . . . . . . . . . . . . . . . . . CONSIDERATION OF A RESOLUTlON AUTHORIZING THE ESTABLISHMENT OF AN ESCROW FUND FOR THE PAYMENT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (FARMERS UNION GRA1N TERMINAL ASSOCIATION PROJECT). SERIES 1980; AUTNORIZING THE EXECUTION OF AN ESCROW AGREEMENT ...... PAGE 7 11 - 11 K 12 - 12 P CONSIDERATION OF A RESOLUTION AUTHORIZING THE COMMISSIONER OF TRANSPORTATION TO ENTER INTO AN AGREEMENT WITH THE BURLINGTON NORTHERN RAILROAD COMPANY TO (MPROVt THE RAILROAD CROSSINGS IN THE CITY OF FRIDLEY. ......... 13 - 13 B CONSIDERATION OF A RESOLUTION AUTHORIZIN6 DISPATCH AND USE OF CITY EQUIPMENT AND SERVICES BY CITY MANAGER I N EM€RGENCY S I TUAT f ONS . . . . . . . . . . . . . . . . . . . 14 - 14 B COUNCIL MEETING. MAY 20. 1985 ► � % ► •► ► � PAGE 8 CONSIDERATION OF CHANGE ORDER N0. 4 FOR FRIDLEY GARAGE AND STORA6E FAC I L I TY . . . . . . . . . . . . . . . . . . . . 15 - 1S C 0 APPOINTMENT. CITY EMPLOYEE . . . . . . . . . . . . . . . . . 16 L i CENSES . . . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17 F C�A�K�s . . . . . . . . . . . . . . . . . . . . . . . . . . . i8 EST I MATES . . . . . . . . . . . . . . . . . . . . . . . . . . 19 : � � _� 1 • �A?IOIAL_PUBLIC_WOBgS`WB81[ XAZ 19-25. 1985 Willi�m J. Nae M�ror Fridle�, MN. WHEREAS, Public �orke eervices provided in our comrr,unity are an integrat part of our citizen's everyda� Zives; and WHEREAS. The aupport of an understanding and informed citizenry is vital to the efficient operation of public rvorka aysteme and programe euch aa �ater. eer�ers. streets and highr�ays. Fubtic buitdings and 8norv removal;and k'HEREAS. The health. eafet� ctr.d co,nfort of this com�runit� grentty dependa on these facilitiee and servicee; and WF.'EF.EAS. The qualit�� and effectivenese of theee facitities. as r�ell as their plar.nirg. design. mair.te»ance and constructio� ia vitatl� depender.t uFon the efforte and skitta of pubtic r�orks personr.el; an� WEEF.EAS. The efficiencz� of the qualified and dedicated personr.el �ho ataff public r�orka depertmer.te is materiatty inftuenced b� the people's attitude ar.d ur.cerstandir.g of the tmporta»ce of the r�ork they perform; h'OW. TfrEF.EFOF.E. BE IT RESCLi'ED that I. JJilliam J. Nee, Mayor of the City of Fridley hereb� Frecicim M.cy 19-25. 1985 as in the Cit� organizations providir.g our public r�orka con�mfort . 11A?IOIAL PUBLIC YORSS WBBF of Fridley and calt upon atl citizens and civic to acquair.t then�eeZ�:ee r�itt the probte�re invotved in pubtic rvorks and to recognize the contributions r��hich personnet make ever�� da� to our heatth, eafet� and IN IJITh'ESS WFIEREOF. I have eet m� hand and caused the aeat o; the City of FridZey to �e�sfised this 20th da� of M.ay. 1985. , , ;� C�� ; i- WILLIAM d . �di�E. M.AYCh v. ��r�t �v � v.i �� ► �. • �+.i :_+.; , � • ; �N �. � 4: • 'I�� l�hyor Nee c�].ed the meeting of the Board of Revi�v to order at 7:30 p.m. �e City ��nci1 met as the Board of Review for the purpose of hearing and reviewing the assessnents for �e property in FricIl.ey. R��I.� CALL • IrEI�BFRS FRFSIIdT: Mayor Nee, Q�tazcilman Sc�u�eider, mtncilman Fitzpatrick and Cbtncilman Goodspeed N�I�BFRS 1�SSENT: Couicilman Barnette I�yor Nee stated this Board of Revi�v meeting is held onoe a year and is the first step of an appeals prooess for property owryers who do not agree with the value plaoed on their property. Mr. Leon l�dsen, City Assessor, stated the values were placed on these properties as of January 2, 1985 for taxes payable in 1986. He stated values for previous years or taxes of previous years are not to be oonsidered at this meeting. Mr. l�dsen stated persons wishing to be heard should have registered their iritent with the Assessor' s Off ioe. Mayor Nee stated all �operties in the City are inspected every four years and adjustments in the values reflected in the findings of these appraisals. Mr. Ngdsen stated the City now uses a aomputer apprai sal system and all properties re-calculated evexy year. He stated in the area that has been physically inspected, ariy new oonstruction items are added that have occurred wer the past four years. Mr. I�dsen stated a d�ange in the laa requires if a property awner intends to petition the v�urt for a c�ange in the value, he must have first appeared at this meeti ng, ei ther in per son or by a 1 etter f rom him or hi s representative. �r_ Rich�rd Harris. 6200_Riverview �erraoe: l�. Harris stated he has had discussion with the Assessor regarding the values plaoed on his property which he felt were too high. He stated he doesn't feel lize Assessor would dzange his mind and since he does not agree with these figures, he asked that his �otest be re�erred to the Qo�nty. i+DTIDt�i tr� O�tnc�lman Sdzneider to reoeive the protest o�noerning Mr. Harris' properties and r�er this to the �imty for reviea. Sea�nded b� Gouncilman C,00c�speed. Upon a voi oe vote, all voting aye, l�yor Nee decl ared the mation carried iu�animously. -1- .�: ;�� • � ; �� . �i�+a�yr,, �,• ��• . � v= � �..1� ' - � t� �r Mr. I�dsen stated a�rotest was received f ran Mary dooney regarding the value plaoed on her property of $4,200. He stated the increase on the land value was under 20$ for this year and next year the value would go up another $1,000. He stated Ms. Q�oney was �ot satisEied with t3�is figure. NDTION by ��ncilman F`itzpatrick to reoeive the protest of Mary �oney on her property and refer this to the County for review. Seconded by O��mcilman Sdu�eider. Upon a voiae vote, all voting aye, l�iyor Nee declared the motion carried �ulanimously. Brvant Franklin mann�tnv, 1290-73rd Ave.. Fridlev. NAI 55432 Mr. l�clsen stated this party sent a le�tter to protest the value placed on their �operty. NDTICN tr� �Lncilman Shcneider to reaeive the protest and fonaard it to the O��ty for review. Seoonded b,� ��cilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declarecl the motion carried �manimously. B�aos ��.rtrnentst, P.O. Box 22464, lmbbinsdale. 1��I 55422 I�. Madsen stated a letter of protest was received f r�n the property owner's attorr�y. He stated 12 ap�rtme,rits were involved, all awned tr� the s�ne per s�n. I�. i�ddsen stated the ��nty cbes the appraisals ,oh these buildings, and the City cbes the land values. Mr. mac�sen stated the property awner did not intend to make a personal appearanoe, but sent a written aomnwucation aF protest. rDTIDN b� O��ncilman Goodspeed to receive the protest fra�n the property vwr�er on the Bigos Apartments and forward it to the County for review. Seo�nded b� O�uleilman Sdzneider. Up�n a vaioe vote, all votinq aye, Mayor Nee declared the motion carried �manimously. 1. ��• V 1 t- � � 1 �: � * - �.�. • � • � y'+ Mr. irhdsen stated a letter aE Frotest was received, however, they stated they did riot irYtend to make a personal appearanoe. l�TION b� Qouncilman Fitzpatrick to receive the protest from Plywood Mimesota and rPfer it to the �unty for review. Seoonc�d by Councilman Sdznei der . U�n a vai oe vote, al l voti ng ay e, I�y or Nee de c1 ar ed th e moti on aarried u�animously. = � - � �� - ■n; .� � 1 •� •., _� - • u � � =- !• v!� . Mr. Nhclsen stated a letter c� protest was reoeived, hawever, they do not intend to make a personal appearanoe. -2- `: � ;j;.1 • ' ; �1I �� vI�I�J��. e �': �� MrIZ�i tr� O��cil.man Schr�eider t,o reoeive the protest frcm Biyarit 7nvestrnerit and refer it to the do�nty for revisa. Semnded b� Oo�cilman Fitz�trick. ttp�n a voioe vo�te, all voting aye, l�yor Nee declared the motion carried unanimously. Jo�uison Wood Products. 5900 Main Street: I�t. Madsen stated a letter of protest was reoeived f rom Johnson Wood Products. I�. I�clsen stated there pro6a41y is a pcoblan with �e appraisal since they were u1a41e tA cpin e.ntrance inside the building and appraised it at 100$ comple�te. He stated the owner has indicated it is not comgleted. 1�9r. I� cZsen sta ted an appoi r�trnerit has been made to r ev i ea ti�i s pr oper ty and i t i s hoped the matter mn be resolvecl. Mr. I�dsen stated they �ould be on rev�rd, howEVer, as p�otesting the value plaoed on their �roperty. I�DTION b� �u�cilman Fitz�atrick to reoeive the protest fran Johnson Wood Products and reEer this to the City Assessor's Offic�e for reviaa. Sevo�nded b� do�cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee decl ared the moti on carri ed im,animously. I�'�. I�dsen stated all the protests have been reoeived and if there are any others which wish t� be heard, they should oane forward at this time. '�ere being no further response frcm te audience, the folla,iing action was taken. NDTICN b� �uncilman Fitzpatrick to close the Board of Review meeting. Seoonded b� O�tmcilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried cmanimously and the Board of Review meeting adjourr�ed at 7:50 p.m Respectfully sulmitted, Carol e Haddad Will iam J. Nee Rea�rding Secretary I�yor 4i� ��I�l �4�'• � • 4:1 ; DC11 : ; v��l?ll��. �; • 4:1 �; /�, 31 M�14 •1.11,,�1� a �, V �i �e Re�gul.ar meeting of the Fric�� (�ty Q��cil was called to order at 7:50 p. m. b� Mayor Nee. PLII)GE OF ALi�F]GIANCE: Mayor Nee led the Ootaicil and audienoe in the Pledge of Allegiance to the F'lag. �� S� 1�NBFRS PRESFNT: Mayor Nee, Qoulcilman Goo3speed► O�tmcilman Fitzpatrick and Q�imcilman Sc3zr�eider MENBFRS ABSFNT: �uzcilman Barr�ette VETII2AN' S BIIDDY POPPY DAY - N�Y 17 � 1985 : Mayor Nee issued a�oclanation Fcoclaiming May 17, 1985 as Veteran's Buddy I�pp� Day and urged the citizens of Fridl� to rewcy�ize the merits of this r.ause tr� wntributing generously to its support through the purchase of Buddy R�ppies. Members of the Fridtey V.F.W. Pnst 363 were present to receive the procl anation. SN�,I,L BUSINFSS WEEK - N�iY 5-11. 1985: Mayor Nee issued a procl.aniation Fxoclaiming the week of May 5 through 11, 1985 as Small Business Week. He asked that all Americans join in saluting small business men and wo�►►en by observing this week with appropriate activ iti es. ApPROVAL OF ��TFS • 1. QOLINCIL NlEE.TING, APRIL 15, 1985 • Oolmcilman Sdv�eider requested the following paragra�h be added on Page 3, after paragraph five: "Councilman Schneider questioned the total land square footage o� the proposed CbRm�uzity Options Facility. Mr. Flora stated it consisted of 11,000 aquare feet." MJ'I'I�0�11 k� CAUncilman Fitzpatrick to appro�ve the minutes with the above aonendnent. Seo�nded tr� Q»cilman Sdzneider. t)p�n a voiae vote, all vating aye, I�hyor Nee declared the motion carriecl tu�animously. ADOPI'IC�1 OF AGII�Il]A: O�u2cilman Scfineider requested the fcallaaing iten be added: Re�nsideration of Date f or Acti az on Riil. e 36 Resi denti al Mental Heal th F'acil ity . -1- �� II��N� �I�1?II/��, • ' y; ' : • • • •• ; M � - • - • . �• • - . • - •. - _ •• - _ • • • -�• •-• • •• •�• •--• •• • •- • - • • • -- •- �• - • • r. -• i . • � fI � � �� V � �� - - • •• - • - • _ •- • - - •i • - i � . ; ; M�. y �� 7�_ e �. +� � � i � \ � y� '�� 1 � � i �� } , i � � e � � 1 � r (: i � � � � ,�� lT1 e `�� 1i�� ♦ ��'�� i��,�% �\i , � �Ie J�T�1 IK�'I'IOtd b� Cbuzcilman FitzFetrick to waive the reading of the public hearing notioe and open the public hearing. Seaonded b� O��cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the pukal. ic hearing opened at 8: 02 p. m. Mr. Irman, C�ty Qerk, stated this is a request by Gerald Paschke for the issuanoe of a$750,000 industrial developnent revenue bond to construct a 30,000 square foot o�fioe/warehouse facility on the east side of Main Street between 79th and 81st Avenues. 1Kr. Inman stated it is proposed the annual payroll generated from oonstruction of this facility wnuld be $700,000 and would add 30 r�ew jobs in the City. He stated the facility would also increase the taxable value of the land. He stated staff has reviaaed the doc�unents and would recommend apprwal . ��mcilman Goodspeed asked how much i.ndustrial revenue bonds the City can issue this year. Mr. Irman stated the City can allocate approximately $8.1 million. He stated if these bonds were issued, the t�alance would be about $2 million. He further stated he ciic�'t feel the City would have a probl�n in increasing their allocation if there was a large proj ect at the end of the year. No pers�ns in the audienoe sp�ke regarding this �op�sed bond issue. M�IQ3 b� O��cilman Schneic�er to close the public hearing. Seconded by ��mcilman Goodspeed. Llp�n a voioe vote, all voting aye, Mayor Nee c3eclared the motion carried unanimously and the public hearing closed at 8:05 p.m. 3� P[lRT.T(_ HFARTNC! ON R� N��1*i'ER OF VACATION REOUEST. SAV #85-02 TO VACATE A DRAT_N_�F. A_ LFrILITY EASEMENT. FOR ERECTION OF GARAGE. 6747 WASHINGTON STRE�� N. E. f�Y ARNOLD M. K[Jf3NLY: Myl'IC�1 i� Qo�cilman Fitzpatrick to waive the reading of the public hearing notioe and open the public hearing. Sec�nc3ed tr� O��cilman Sc�r�eider. Upon a voice vote, all voting aye, Mayor Nee decl.ared the motion carried unani.mously and the putal ic hearing operyed at 8: 05 p. m. Mr. Flora, Public Works Director, stated this is a request to vacate a -2- •�_ i,,w� �i;�a� r,, � • �; drainage and utility easene.nt on Wastiington Street between 7th Street and 68th Avenue. He stated the vacation is requested in order to oonstruct a garage and install a driveway on the rear of the lot at 6747 Washington Str eet. Mr. Flora stated all the utility �oanpanies have been �ntacted and they have no pro4lens with the vacation of this ease�nent. Mr. Flora stated the Planning �unission reoommended appraval with three stipulations, as follows: (1) a drainage plan be coordinated with and apprwed b� Ehc�neering staff prior to the �uneil meeting; (2) the neic�bor to the ryorth �wic3e a letter agreeing to the reduoed driveway setback and drainage glan; and (3) a new 10 foot drainage and utility easement be pravided on the s�utherly t�en feet o� the lot. Zl�e petitioner, Mr. Ruhnly� preserited a drainage plan and a letter fro�► the property awner to the r�rth indicating he had no otrjection to the extension of the driveway or to the drainage. No person spoke regarding this proposed vacation request. I�DTIC�1 tr� Qo�ncilman Goodspeed to close the public hearing. Seconded by O��cilman Schneider. Up�n a vaioe vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:09 p.m. i4D'I�IO[�I b� �uzclman Gooclspeed to apprave vacation request, SAU #85-02, with the stipulation that a r�.w 10 foot drainage and utility easenent be prwided on the southerly ten feet of the lot. Seo�nded tr1r O��ncilman Fitzpatrick. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. NIInI Rt_1.STNF'RS 4. IZ�'F:TVT1ac; THF NNUNNLn'F'� OF THE CABLE TEI,EVISION ADVI90RY mNAiISSION ��?r OF gPRIL 18, 1985• NDTION by douncilman Schneider to receive the minutes of the Cable Telc�tision Advisory Gommission Meeting of April 18, 1985. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried tmanimously. 5� TT_F.M FRnM APPF.AT.� G�pMMISSION MEETING OF APRIL 9. 1985 : REOUEST FOR A VARTAN('F. 'iC) AT.TfL�I A F'RF.F. STAT�iI�TAY; STCTI 'lY) E?1x'RF��ID FROM 80 SOUARE FEET 't�0 144 SOtIARE FEET. 4800 EF�ST RIVER ROAD. FMC CORPORATION BY RODNEY D. ,4�BA�. Mr. Flora, Public Works Director, stated the ��ty has purchased property on whidl the sicy► is located and have asked FMC to reduce the size to 144 square feet. He stated the existing sicyi is approximately 44�3 equare feet. Mr. filora stated �IC is a�iqwe manufacturing facility, partly awned and operated b� the Navy and �rtly by FMC. He stated this directional sign would clarify FMC vwnership and safely direct southbound traffic to the proper entrance. He stated the facility averages 120 visitors and 65 -3- �� 1, «r ��+��. � • y�� . v�ntractor s per day using the desi�ated entr ance and exi ti ng of f- a maj or road. Mr. Flora stated the County has agreed to keep the sign at the existing location, but wanted it reduced in size. Mr. Flora stated the. Appeals Commission recommended approval of the varianoe. NDTION b� ��cilman Fitzpatrick to v�ncur with the recommendation of the Appeals Oomnission and cgant the varianoe to allaa a free standing sign to be increased f rcm 80 square feet to 144 s�uare feet. Sec�nded b� O�Lmcilman Sc�neider. Up�n a voive vote, all voting aye, I�yor Nee declared the motion carried �u�animously. • V ��N e•� . ��4V �, N � \\ � �� i � � �� ;; ;�« �� ; � � :;� �4=: ., �� .�. !�� ; 4 •� � : •�I� : �iM .�� • 1 � +. . I 1 1 �; .� � �y� _� � ;��: �IC� : �� '� � Mr. Flora, Puhlic Works Director, stated this is a request for a varianoe to reduoe the side yard setback to allow construction of a second accessory building for property on the northwest oorner of Oakley Street and 68th Avenue. Mr. Flora stated the petitioner requested a varianoe to reduce the side yard setta�ck f ran the required 25 feet to 17-1/2 feet to oonstr uct a 24 by 26 foot detached garage, with a driveway exit on 68th Avenue. Mr. Flora stated the paint was brought up that, with a setback of only 17-1/2 feet, a large car parked in the driveway would extend into the boulevard area or right-of-way. He stated the petitioner wished this setback of 17-1/2 feet in order to lir�e up the r�ew garage with his existing hcme and als� s� he woulch't have to lose another large tree. Mr. Flora stated the Appeals �mission rev�nmended the varianoe be appraved to reduoe the setback to 20 feet, rather than 17-1/2 feet. Cbuncilman Goodspeed stated there is a 15 foot b�ulevard on this street. He stated he felt it makes sense to locate the garage in line with the existing hane. He stated this is a residential street and dich't feel the raad would ever be widened to f ull ri�t � way width. Mr. Qureshi, C1ty Manager, stated 68th avenue is desic�ated as a State aid street and, if built to these standards, it would be wider than it is now. He wanted the Ootmcil aware if they were to use State aid funds to improve 68th Avenue, the road would have to meet State aid standards. He stated the present wic�th is 30 feet and if it was impraved, it would either have to be 3b or 44 feet wide, depending if Farking were allawed on one side or both sides of the street. Mr. Anderson suYxnitted a petition which he had circulated to adjoining neic�bors across the street and behind his property. All of then indicated they had no obj ection. I�DTI�I tr� ��cilman Schneider to receive the petition in favor of this varianoe. Se�nded by Councilman Fitzpatrick. Upon a voice vote, all - 4 - �� I)�.MI „I�i?JM��. ��" v': voting aye, I�yor Nee declared motion carried �ani.mously. NDTICN tr� �tnc�lman Gooclspeed to c�arit the varianoe to reciuoe �e sde yard setback frQn the required 25 feet to 17-1/2 feet to allow aonstruction of a sev�nd aooessoxy building to be in lirye with the existing hane. 9ewnded tr� Q�tncilman Sc3ineider. Upon a voioe vote all voting aye, l�iyor Nee declared motion carried �usanimously. M4�!v �;��.0 : �I� �. �� u � • � u � �. • ' ; ;.a� � �� ; ' �� ; ' a+; ��y � �� .�.�4. .!+ �;� • �� !� .� : � r�, . : � � �: : �+ �14; a+a� ► :,�: �+;� ; �u a+; -�,� Mr. Flora, Public Works Director, stated this special use permit is requested in order to a�nstruct a 24 x 26 foot garage to the rear of the property at 6800 Oakely Street. He stated special use permit is required for a seoond accessory building in a residential zone. He stated the petitioner has more than one vehicle and has a single stall garaqe and needs more storage spaae. He stated the exisking attached garage would renain to be used. Mr. Flora stated the Planning Com¢nission recommended appraval with the stip�il.ations that a setback for the garage be at least 25 feet or a varianoe obtained and that a hard surfaoe driveway be provided and a curb cut tr� the City. M)TIOt�I b� O�uzcilman Goodspeed to c�ant the request for special use permit, SP �85-02, to allaa oonstruction of a sewnd accessory building, with the stipulation that a hard surfaoe driveway be provided and curb cut by the City. Seo�nded tr� ��cilman Fitzpstrick. Upon a voice vote, all voting aye, l�hyor Nee declared the motion carried im�animously. �� +:: M � � • a� : ► � � !� \/�+; M /y�l � � : • ; � : . ; � a�i�r � - �': � Mr. Flora, Public Works Director, stated a oomprehensive sign plan is required for any building with three or more �its. He stated a sign plan has been reoeived for properties at 7500 University Avenue which calls for three sicyis on the east p�rtion of the buildings visihle frcm the University Avenue. He stated the plan meets all the requirenents of the o�de. NDTICN b� ��cilman Goodspeed to apprwe the sic� plan for property at 7500 University Avenue N. E. Sea�nded b� O��mcilman Sc�ir�eider. Upon a voioe vate, all voting aye, Ni�yor Nee declared the motion carried unanimously. � ; �: � , � � � �! • � �Ir�. . � � ��+,� � . . . ;,• k� • ; �. � J�l� � -�l,! v�1�i►!�!1 e V� J\ 4��: .`�4; ; � �� • a4��!�� : N ; �; ; �. . • ; • �� k� 4.1 v� �4! `�1 : � �': ��y41�+++ • ��I�i;,�i ; �I� 5��+,� yl � a/�1 � ayl7�� a� ; ; ' a;�h/. ; �I� . �M..� � �,. *i � �� • �I?,M�.. _0 � ��./i �4��'�+ ��: � � .M.I� I�DTICN tr� O�Lncilman Gooclspeed to acbpt Resolution No. 44-1985. Seoonded l�i O��mcilman Sdzryeider. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried uanimously. -5- ��. I� M� „i�i51Y��. •' v; ' � 10. RE9DLLTrION N0. 45-1985 APPRC�TI1� A StBDIVISION IUT SPLIT. L. S. 85-04 , TO BE USID FiOR SINGLE FANIILY RFSIDENCFS. 1040-1050-1060 67'►_'H AVII�L� N. E. . HONlEL.A?�19 RFAI,TY mN1PANY. BY JEFF�2EY N. CAII�IE: 1�. F'lora, Puhlic Works Director, stated at the Marc.h 18 dotmcil meeting, the O��cil appraied the splitting of a large paroel irito three residential lots with frontage on 67th Avenue. He stated the City has reoeived the surveys and in orcier for then tA be reo�rded at the O�ulty, this resolution has to be acbpted b� the Cblmcil. 7be petitioner stated two park f ees are requi red and he would 1 ike to pay then at the time the tuilding permits are issued. Mr. Qureshi, City Manager, stated this could be done, hawever, the petitiorier must realize if he d�es�'t get the building permits this year, the park fee may dzange next year. Zhe petitioner agreed to that dzange. I�D'I'IGt�1 b� O��ncilman Goodspeecl to acbpt Res�lution No. 45-1985. Seoonded b,� O�incilman Fi tz patr i ck. Upon a voi ce vote, all voti ng ay e, N�yor Nee declared the motion carried unanimously. 11. RF50LCTrION N0. 46-1985 ORDIItIl�]G IM�%7VFMII�Tr, APPI�7VAL OF PI�ANS AI�ID ORDERING ADVF�RTISEN�Tr FnR BIDS: MISSISSIPPI SI'REET LADID.SCAPII� PRaTEC.T: Mr. Flora, Puh].ic Works Director, stated plans and specifications have been pr eFared f or the imprwener�t o�' Nli ssi ssi ppi Str eet and Univ er si ty Av enue i r�ter secti on. He stated the O��ty is pl anning the impr av anent be done i n 1986 and the C�ty would be doing the northwest side of the intersection impr w enent at thi s time. ' 1�. Flora stated the HRA is working with the aaners of Hc�lly Shopping Ceriter and a glan has t�een acbpted to imprave this intersection area. He stated the impravenents require advertising for bids for the r�eoessary landscaping, irrigation, and street lighting along the boulevard areas and to the entranoe o�E the parking lot. Mr. F'lora stated the assessnents for these im�wen�ts would be �aid for in an aeno�t mt to exceed $127,000 by the owners of Holly Shopping Center and the balanoe Faid tr� the HRA. O�uzci.lman Schneider asked if the ten�ants in Holly Shopping Center were aware c� this agreenent. He stated the vwriers of the shopping center are apparently attempting to oollect some fees f rom the tenants for the im�xwanents, particul.ary the si�s. He stated sane c� the argtynents he has heard is the lanc�ord is getting the im�we�nents paid for by the HRA and yet is trying to cizarge the tenants for it. He felt it may make sense to spell out specif ically the HRA and the shopping oenter awner' s involvenent eo the tenarit s w il l knaw exi ctly what i s happeni ng. Mr. Qureshi, (�ty Nhnager, stated there is an agreenerit between the HRA and the aaners of �e Hally Shopp�ng Center and it is a public document. He stated the aaner s of the oenter hav e adv i se d th e Ci ty th �y hav e i nf orm ed �- ��. i�.M� „i�+a�y��. • ' �':. their tenants of the im�ovenerits. O��cilman Sduzeider felt there should be better mian�ication, as he felt these improvenents were a positive thing for the area, and it is being turned aroimd to be negative. NDT�OIV b� ��cilman Fitzpatrick to acbpt Resolution N0. 46-1985. Seoonded by O�imcilman Schryeider. Upon a voive vote, l�yor Nee declared the motion carried unanimously. � �• . � � � � � ' ' � � � �I� \, u��u��\� ' ' r1�•��/: � � : \ : \I� ��\i : � ��!;� ��i�+�l a• ; � „� . . y4; �! ; ; • + • ;�. a,M I�D'I'ION by muzcilman Fitzpatrick to acbpt Resolution No. 47-1985. Sewnded b� O��cilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried wlanimously. ; a.� . � !� �! • : �;�� +; M�. u��:�h�_ u�� : ' �;��/; • � : � : �u • ; � ; ►�e? ; il/ ;�Y v��+►J a�; : � �i , .. �4: N ,� �. 'i:! 4 NDTION tr� �uicilman Fitz�atrick to adopt Resolution No. 48-1985. Seoonded b� O��mcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion c-arried talanimously. � �. . \/�1. � 1� : \I� �� /� �i� � �i\ • : ✓� ► � +. ��\�4�: W ��+ /! �►�: � � .�,M�M��,l� Mr. Flora, Puhlic Works Director, stated bicis were opened on April 29, 1985 for the curbside rec,ycling aontract and two bids were received. He stated 12 specific,ations had been mailecl to desicy�ated haulers. Mr. Flora stated the laids reoeived were fram Beermann Servioes and SCd2T. He stated Beermann would pick up on three Fridays and SORT would use four days per manth on Tuesday and Thursday for the first quarter and then three days far �e renainder o� the year. Mr. Flora stated Beermann Seivioes is an experienced hauler and is irivolved with the Mirmeapolis Recycling Proc�gan. He stated Beermann advoc;ate rtnning the program for a one year period and then allawing the City to rebid another aontract, but would be willing to operate this grogra¢n far two years as identif ied in the speca.f ications. Mr. Flora stated the rate aatrnitted b� Beermann is $833.33 per month and the rate sutmitted lx 9QRT is $1,500 for the first bwo months and $1,200 for the renaining ten months. Mr. Flora stated staff would reo�mmend the bid f ram Beermann Services be acoepted. M)TICN by Cb�ncilman Sd�ryeider to reaeive the b�icls for curbside recycling. -7- �� .«� ��+a�yr�. • - �; . QTFBSIDE RECYQ�Il� BII� : ai�l• '� I ?• M�. �� '.1 �� I 1 SUBSII�Y/M�12H $833.33 0- 35$* $1500 lst 2 months (No d�ange when participation rate increases) $1200 renaining 10 months 36 - 45$ $1000 46$ - 0 - I�TNBER OF i]P,YS � RECYQ,E �iE QTY NUI�BER OF ZRIJQ�S/ PZ(�C-UP 1 ��: �M �� -.� • . - RECYQ,I�LES AIDED ZO LIST * Participation Rate 3 L1AY5 4 AA3� 1ST Q�t. 2nd, 3 rd & 4th 3 DA� ZHFREAFTIIt Fridays 21�ID & 3RD ZLIFSL�Y & �iUR.SDAY 2 (m4re if �e3ed) �hey wnuld have an enployee in Fridl� for misses. Bad weather cancellations woul d be Fa cked up on the following Friday. c1 ean rags and any k�atteYy 3 Picked up sa¢ne day if put out that day. 7n case of bad weather, sc�edule would be mwed back a week. Sea�nded b� O�uncilman Goodspeed. Lipon a voice vote, all vating aye, Mayor Nee declared the m�tio�n c�rried �alaninwusly. NDTION by Gouncilman Schneider to find Beermann Services the most responsi4le 4idder and award the �ntract to then for wrbside recycling at a mst of $833.33 per month with the option to rek�i.d the a�ntract af ter one year. Sea�nded b� O��cilman Fitzpatrick. Upon a voice vote, all voting aye, I�yor Nee declared the motion carried �n,animously. O��ncilman Sc�neider stated he has reoeived �pies of the prop�sed changes in the waste ordinanoe and a�w section identifies recycling oontainers as paper bags or boxes. He questioned if a person would be in violation of the ordinanoe if they put any materials that oould be recycled in a garbage can. He stated his concern was if peogle did not wish to be irivolved in the recycling proc�an and put recyclakales into their garka�ge cans, if the,� w�ould be violating the ardinanoe. Mr. Flora stated a resident's regular garbage service could still pick-up recy c1 aY�l. es pl aoed i n thei r garbage cans if these peopl e did mt w i sh to be �3 ��,��,,w� yi��rY��. •' �: ��I� involved in the rec.ycling prograa. � a« �/��. : �� I� •�� : � � � : �/� � � �. �� \1� � : � a� � y1�� ' ��. � 1 Mr. Flora, Pui�lic Works Director, stated bo.ds were received for four 1985 Pi'�7 e�ts. He stated he has reoeived a call frcm Burlington Northern Railroad, as their property was involved in the Water and Sanitary Ssaer Proj ect �150 and the Street Imprwenent Project ST 1985, 1& 2. He stated Burlington Northern has informed him they are mt sure they wish to grooeed with these projects. Mr. Flora stated he would reoamiend, ther�fore, the b�ds for the Water and Sanitary Sewer Proj ect �150 and the Street Im�wenent Proj ect ST 1985 , 1& 2 be reoeived, but m a�ntracts be awarded at this time until Burlington Northern r�tifies the City if they wish tA Frooeed. Mr. Flara stated the onntracts for the Concrete Pavement Joint and Crack Resealing Project and the misoellaneous Ooncrete Curb, Gutter and Sidewalk Project oould be awarded, as the Burlington Northern property is not involved in these. MJTICN by Councilman Fitzpatrick to receive the bids for the Water and Sanitary Saaer Proj ect #150 . i; :►i. • �1�+; Orf el and Sons, Inc. P.O. Box 16358 St. �hul, NN 55116-0358 CYossing Inc. P. O. B�x 10 Prior Lake, M�t 55372 American CAntracting 11661 Eagl e St. N. W. mr p. O�on Ra�i.ds, M�T 55433 M& M Sewer and Water Inc. 3508 Belden Drive Mirmeapol i s, MJ 55418 F. F. Jec�icki 14203 W. 62nc1 Street E�den Prairie, NN 55344 Sarah Qontracting 80 Fast Little Canada R�ad St. Ft�ul, M�1 55117 0 & P O�ntracting Box 506 Osseo, NN 55369 . r� : � � 58 Hartf ord 5$ u. s. �i ael ity • v : � ' °, $158,012.46 5$ (�pitol Indannity Cagitol Indemnity 5$ United Pac�.fic Central National Insuranoe Central National Insurance -9- $153,970.12 $129,808.09 $129,808.09 $145,956.00 $147,063.75 $143,540.50 $164,848.68 ��_ )��MI �I�1�%��. • ' 4r. ��`�' A� Inc. 797 l�ymond Aven� St. P�ul, MV 55114 Spenaer �nstr ucti on 6701-79th Avenue North Brooklyn Park, M�1 55445 5$ Great American 7nsuranoe �. 5$ U. S. Fidel ity Bur sc�hv ill e�nstr ucti on, Inc. 5$ Box 167 Capitol Inde�nni.ty Loretto, M�T 55357 Northdale Oonstruction Qo. Inc. 5$ 14450 Northdale Blvd. Lunberman's Mutual Rpger s, MV 5537 4 CY�annel �nstr ucti on Route 2 Box 53 Isl e, M�1 56342 Hydro--�n Inc. Box 129 North Brandl, M�I 55056 Hayes �ntractors Inc. 1010 Currie Avenue Minneap�lis, MV 55403 Bonir�e Excavating, Inc. 126 36 Mai n Str eet 5$ Inland Insurance 5$ United Fire and Casuality 5$ Wausau Insuranoe 5$ Ca� tol Indsnni ty �1� �8%% .20 $142,509.50 $160,635.25 $146,924.50 $144,955.75 $138,489.00 $138,489.000 $141,918.75 Seaonc3ed b� O��cilman Sc�neider. Upon a voioe vote, all vating aye, Nlayor Nee declared the motion carried uanimously. • � ? _��\. : 1� � �I� •�N 1� �I�: � ��\ � : � e �� . �� 4i: � �� _ � V�' �,��/ V��_ '�� j M �� ': -- • • •- �, -�-• • _ • • • •• � v •: • - �- - - • •� • - • • , � _ .. x&s�att 700 Industry Av�ue Anoka, NN 55303 flardrives Inc. 7200 Henlock Lane l�ple Grave, NN 55369 Alber O�nstruction Inc. 4901 W. Medicine Lake Dr. Plymouth, NN 55441 5$ c�� tal Ina�nni ty 5$ Limberman's Mutual 5$ F`idel ity Deposit $337,565.25 $374,531.62 $348,865.95 $348,865.95 Seoonded b� m�cil.man Sduyeider. Upon a voioe vote, all vating aye, Mayor Nee c3eclared the motion carried �animously. -10- ��.�!�.M� ��+NM��. � � �,. . ; 4.« �/ �. : 1� ; �i� ��,� � .; : • � • : ./; : � �, !� ��+ ; ; �+ �►� ; !� � ; �++ . � ��i � �� ; �I� M:: �: ; �. ' �� 1�.4 I�DTIdi�l by O��ncilman Fitzpatrick to receive the i�ds for the 1985 �ncrete �venent Joirrt and Crack Resealing Project. Araon Oonstruction �. P.O. Box 57 Mora, M�l 55051 Palda and Sons 1462 Dayton Av�ue St. �ul, MV 55112 D.H. Blattner 1 South Wabasha Ncyva Island St. I�ul, M�I 55107 Hic,�way Servioes, Inc. 21925 Industrial Blvd. P.O. Box 65 Imgers, MV 55374 O�ncrete C�rt Qo. 771 Iadyturd Lar�e Burnsville, Md 55337 Gar�non O�nstr ucti on Inc. Box 44 Mingo, IA 50168 Great Lakes Oontracting dorp. P.O. Box 96 Suaa�►i�, WI 54173 P. N. L. Inc. P.O. Box 665 Hastings, NN 55033 All state Paving, Inc. 7200 Hanl.ock Lane N. Maple Grove, NN 55369 Fbrby Cbntracting Inc. P. 0. Box 211 Imute 3/Hinckley, 1�N 55037 5$ Wa�sau Ins. 5$ U. S. Fy.delity 5$ Mar shall 5$ Pe�erl ess Ins. 5� Dependa4le 5$ Am. Hcme Ins. 5$ Great Am. Ins. 5$ G�gitol Ind. 5$ Lunbernnan' s 5$ Wausau Ins. $24,450.00 $26,950.00 $63,000.00 $32,500.00 $78,125.00 $78,125.00 $45,325.00 $53,625.00 $26,175.00 $47,125.00 $28,750.00 Sewnc3ed by O�tncilman Sc3�ryeider. Upon a voioe vote, all vating aye, Mayor Nee c3eclared the motion carried �nanimously. NDTION by Gouncilman Schneider to award the bid for the 1985 Concrete Pavenent Joirit and Crack Resealing Project to the laaest responsitale Yridder, Arwn Qonstruction, Inc. in the ano�t o� $24,450. Seo�nded by Cbuncilman �tzpatrick. Up�n a voice vote, all voting aye, Mayor Nee dec].ared the mation carried tmanimousty. -11- ��. 1��M� �i��M��. • ' � ; �� : y4 \/ �. : 1� ; �i� •�� _. �� :.�.:� �. !�1��y;: 4 a� ; u� � ; �I��, �� . �l K!;�: /M : : �:�� a,�4 ; M�TION by �uncilman Fitzpatrick to receive the bids for the 1985 Misoellaneous O�ncrete C�rb, Gutter and Sidewalk Project. Halvor s�n �nstr uction �. 4227 165th Av�ue N. E. Anoka, NN 55304 G�mderson Bros. 2325 9ielling Avenue Mir�eapolis, !+N 55404 Q�ncrete Curb Oo. 771 Ladytaird Lar�e Burnsville, M�i 55337 Boda O�nstruction 11260 Buchanan Rd. N. E. Minneapolis, M�I 55434 5� United Fire & Casualty O�. 5$ Cap�tol Indennity O�rp. 5$ Dependahle Insuranoe 0�. 5$ Central National Ins. Q�. of anaha $30,375.00 $28,725.00 $28,650 .00 $47,580.00 Sewnded b� O��cilman Sclv�eider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried uanimously. NDTICN tr,� O�uzcilman Goodspeed to asaard the tud for the 1985 Miscellaneous O�ncrete Curb, Gutter and Sidewalk Project to the laaest responsible bidder, O�ncrete Curb Co�pany in the amount of $28,650. Seoonded by Councilman Fitzpatrick. Upon a voioe vote, all voting aye, l�yor Nee declared motion carried utianimously. • ; • �� 1�1 vi�+�� 4 �� NDTION b� ��mcilman Fitz�atrick to Wncur with the follvwing appointment b� the C'ity Manager: Starting Starting �� Fbsition ��_ Date Be�l.ap� Rim Hernnann N�iritenance I $8.14 April 22, Dc>nald Carrigan Pub. Wks. N�irit. Per Hour 1985 Sec�nded b� (b�cilman Schraeider. Upon a voioe vote, all voting aye, Mayor Nee decl ared the mation carried taianimously . �►1 ; � r��M; �u_�M :�l :.� : •�:� ';�' ; :�� ;••;• • ��'�.Y4.. �! �� S: �� ' �C u��_ ' � � ; � : ��t 1 � Mr . Fl or a, Publ ic Wor ks Di rector , stated a publ ic heari ng w i11 be hel d May 7, 1985 at 7:30 p.m. at the City Hall regarding the creosote cle�nup on the Onari site. Mr. Flora stated the plan calls for construction of a slurry wall oontairment s�sten, plaae�nent on oontairment s�ils excavated fram the site within this welled vault, a subsurfaoe drainage systen including an outlet to the sanitary sewer interaeptor, and site restoration. -12- ��.Ii+�M� �I�I�y��. • " �'' Mr. Flora briefly reviaaed the plan far brinc�ng �ntaminated materials to the vault dig on the west p�rtion of the Onan property which wi11 be oovered and capped. He stated the idea is there would be m water penetrating f rom the top or sides s� there would be m o�ntaanination going into the ground water. He stated when the work i s oomgl eted, a.l l contaminated materi al s would be a�ntained in a vault type structure. 1�. Flora stated work should begin t-his manth. Cb�cilman Shcryeider asked if there were any risks to the water supply. Mr. Flora stated he dic�'t �el.ieve it woutd produoe a worse situation and wells would be located to monitor aro�d the Froperty. NDTION l� �tncilman Schrieider to reoeive the a�ntairment cleanup plan for the Onan property and apprave the oonstruction trailer permits for this cl�nup. Sea�nded b� O�ulcitman Fitzpatrick. Upon a voioe vote, all voting aye, I�yor Nee declared the motion carried uanimously. 21. LIC�LSES• Q�i.azci.lman Sc�neider stated he felt s�me c� the j�kyards still need to make imprwenents. Mr. Flora stated staff has been working with then in order to bring then into aomplianoe with the o�de. �i.alci].man Schryeider asked these lioenses be held for several weeks to allaa staff ti.me tA obtain improvenent in the operations. NDTION b� �t�cilman Schr�eider to apprwe the lic�ense as sukmitted and as on file in the Lioense Clerk's Office, with the exception of the junk yard lioenses. Se�nded b� O�taicilman Fitzpatrick. Upon voioe vote, all voting ay e, l�hy or Nee decl ar ed the moti on car ri ed unanimously . 22 � F�tI'TNRITF_S• NDTICtV b� O�tmcilman Fitzpatrick to apprave the estimates as suvnitted. Herrick & Newman, P.A. 6279 University Avenue N. E. FricIlEy, N�nnes�ta 55432 For Servioes Rendered as City Attorryey for the month of March, 1985 53,852.50 Sec�onded b� O��cilman Sdzr�eider. Upon a voioe vate, all voting aye, Mayor Nee declated the motion carried uanimously. 23. Q�� M�TCI�I tr� Councilman Goodspeed to authorize payment of Claims No. 2260 through 2380. Sea�nded b� Cb�cilman Fitzpatrick. Upon a voice vote, all vating aye, Ngyor Nee declared the mo�ion carried uanimously. ; ��,� u �r;. ��t • �: �� ; : 4 • � • � 1 . • ; � �M v ►�+ � , � : � MM O�tmcilman Sc�u�eider stated this itsn was to be �nsidered b� the O�t�cil on May 20, 1985, however, he has a business oommittment and would be out of -13- �� 1�.M� �� Yr�. � • „�. , town for this meeting. He stated he would propose they consider this item at the J�e 3 meeting, rather than May 20, as he would like to be present when action is taken. Q»cilman Sdineider stated if this date is changed, he wished staff to notify the media and �inty and interested �rties regarding the change in the date. PDTD�N b� ��cil.man Fitz�atrick to o�ntinue the date for action on the Rule 36 R+esidential biental Health Faci.lity �til June 3, 1985 and for staf£ to �avide mtioe to irYterested parties. Seconded by Oouncilman Goodspeed. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. mtmcilman Schrieider asked if there would be any legal prot�len with changing the c�te. Mr. Herrick, C�ty Attorney, stated staff should go through the minutes of the hearing and send nptices to pers�n who were at this hearing. He felt, however, this itsn �ould appear on the aa�cil's May 20, 1985 agenda and then a�ntinued to J�e 3, 1985. AA7oiA2I�II�Tr • 1►'nTION by Councilman Fitzpatrick to adjourn the meeting. Seoonded by Oo�cilman Goodspeed. Upon a voioe vote, all voting aye, l��yor Nee declared the motion carried unanimously and regular meeting of the Fridley Gity O��cil � I�y 6, 1985 actj ourned at 9: 08 p. m. R�espectfully sukmitted, Carol e Haddad Will ian J. Nee Secrectary to the City O�uncil Mayor -14- � Notice of Public Hearing Industrial Development Revenue Honds City of Fridley, Minnesota Notice is hereby given that a public hearing will be conducted by the City Council of the City of Fridley, Minne- sota, at the City Hall, 6431 University Avenue N.E., Fridley, Minnesota, at a meeting of the City Council to be held on May 20, 1985, commencing at 7:00 o'clock, p.m., C.T. At the public hearing the Council will consider a proposal that the City assist the financinq of a commercial or industrial development project by issuinq its bonds or othez obligations pursuant to Minnesota Statutes, Chapt�r 474. The proposed project consists of the construction of an approximately 75,000 square foot facility to be leased for use in the manufacturing, machining, and processing of die castings and related activities (the "Project"), to be located within the City as an addition to an existing facility located at 7585 Viron Road N.E., by Our Realty Corporation, a Minnesota corporation (the "Company"). It is proposed that the City assist financing the Project from the proceeds of an issue of the City's commercial or industrial development revenue obligations in an amount presently esti- mated not to exceed $1,000,000. If issued, such obligations would be payable f:om lease payments or loan repayments to be made or secured by the Company. A draft copy of the proposed application to the Minne- sota Department of Energy and Economic Development For approval of the Project is available for public inspection in the office of the City Clerk-Treasurer. All persons appearing at the public hearing will be given an opportunity to present their oral or written com- ments on the proposal that the City undertake and finance the Project. ,A I . .... . .4. ... �'�- — n�r os vp�o�er �- �—.. �. ' ��Z,. e � .'� _ m+^. '°" V'OTY16 �f� 9pD0. � � -- 6 � i , �_ _ ' _= u _� ` • - OBTIiC�S ^, .. � 061RGTS �, �, :� _ �� . .-----� �,is�- _ .,_.._ a_ -� .� —=--� � _� — 1 ,_ .. . � �,� � �� r� ;1.�-;° � t -=... - - r- _ f �:e�.=, ��_ - - - � _=,�- ±; -.. _ � Y . � � � � � � __ _ _ �_-. �_ �� =J,�-= - � ' 1=� _ _-- -• /_ � r•',°�,� '„�� 1 �-' ` + ' _ .... 1� "` � „ , : , ; _ _ r �,. �, . � L M � ' -a_ . � �� _�`� �_/ . �-� � �} �' � _-a= s ��w �-� ��_ � : _ b"9iQ, /' `` I. - J ...�:` `_ ��- p .- I ::�; _'_'..._,.? .. z 9 � :, _ _� L �:` ; = ��— , ' - TE—ANDERSON -� � r -� __Ji r � �. �1 �,�� f •=�.m�'=-=� - � _ TRI N �:i � "t � , 31. � i. � � � �`_ - � � --- � �_ � 1 i. `' � � ! / � _ - �±.. 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" ' � J . . � e�w��i � • �r �— • . , . :, + • . _` � � . , � ! • ' . ! . z '�` ' �� r' : . �; • • 'l� �"'�l"''S� • y . • � ",4. � � ' ' . . � � �` . . . •, . �i + �, • � , .. i • • � . .. ' . ' . . ,r � fi ! � • . � ' �!, • • i � � `' • � ' 1C 1 .. , •' • $ � ♦ . f �' s � . � '-� � - . � ; ` � ` � � •, . : �� '; • •• ' ;; ;sl� � 0 . . � D . . � � .I ,Ti e . , ; '' �' $�' -Q M • � -� ` i. ' �• , � � , �, ;. ; � �` �, �, . . �., . Z o . ;� . � �� . y�Iy. � �. '+ .. ? . Z • . . _ I ; 1 � � � �T,`•'; � � - , � .j ,, , � �,.�� . � I ' r' ��±�}��'' 4a • � , j � t__ � . ��•��,��_.- �; u �- u.�. ` . •r . �. �.. � . �� • • • . . . �. .. : �. • ' � •, . i � . _ � � +� ��• c; _.`. �,`• ; .-7itT�� .?;�i;;r . �— --. . . . � \ \ � : . �:��, �: : � ��-�; �� . � � i� ��; �`' � �. . � . �, _r � �� .� . I �� s ; � , a ., . I . • � � ,. ,r T....�__ _ ._._ . . � _...� . �. -- ----�—'r- -�--� : �--�- - ; � .. � . _ . _ �. .�_. ' . c� � n .' �oo' . .' �� + � . . . � � � � �' ' ' Qn , ° I L I 1� �, x N ( ' ; � � � a • i ! � � - , �� nt . , , '� 1 r-� - .�- � • �� , z.. , ` �' • ; � � • p • - - - �r.— . z L— : . � • � � • Z • . . �^ • , re . • . if . � . • .. . Jr . I . � ' : �. � _ ' .. ` ' • ',i O� _ • "_ �. . � . _ _ . . � � y 1318 5 CITY OF FRIOLEY� SUBJECT ss�+ v�+IVE:�SIT�/ AVE. NE. SPECIAL USE PERMIT iA�OLEr. MN. 6�3e !6'1Z1,67�•�'� � ADDRESS �? � - SP l77�0 PLANNING COMMISSION: APPROYED DISAPPROVED OATE �• CITY COUNCIL: STIPULATIONS: NAME STRE �] APPROYEO DISAPPROYEO DATE NO __ -- 7 lE6Al DESCRIPTION OF.PROPERTY PRESENT ZONING CLASSIFICATION EXISTIN6 USE OF �ROPFRTY�� ACREAGE OF PROPER7Y OESCRIBE BRIEFtY THE SPECIAL t15E APPLIEQ FOR: �l�1��.��.�.1C�S�.i�Gr�6c1 rllo...r.�i l l,l� J�l, �y � e►��t. � -- Section of the Code: Has the present applicant previousty sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? _,_,�es X no. What was requested and when? S The undersigned understands that: (a) A list of all residents and owners of prooer- ty within 200 feet wij� be attached to this application. .. •• - - .. '(b) This application must be signed by all owners of the property. or an exp7anation �iven why this is not the case. (c) Responsibility for any .iefect in the proceedings resulting from the failure to . list the names and addresss of atl residents and property owenrs of prop�rty in question, belongs to the undersigned. A sketch of prnposed property and structure must be drawn and atitached,�showing the foltowing: 1. North direction. 2. Location of the proposed structure on the lot. 3. Dimensions of property, proposed structure, and fron and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 350 feet). �� , 3 The undersigned hereby declares that all the facts and �espresentations �fa ed in this application are true and correct. �,Z,�L jn��y DATE%%IQ.h1i �, Qk� SIGNATURE �'f _.�lPSO -�*L✓ � ADDRE55. f Qw7 8' S7�Gtroito .�x_. ��/k �/� �•�� TELEPHONE NO�I�_Y�8•a7 y1 �D .�,... _ � ,. , �,, , � s�.� �.�. ��. s�� 9 �- ��a - 4d a� � I � � CITY Of f RJ DL.EY OliaEGTORATE OF puB��c woRKs MEMOFiANDUM e�t� /1/85 . - --- — -r—� ��r �►.�. Mark Burch, Asst. Pub. Wks. Dir. �� iu��ECT Council Award of 1985 Projects .i�%';: TO John �lora, Pub. Mks. Dir. PW 85 - 119 <: T I p� I lil p — - --_ — � - — The following improvement projects have been advertised and bid as directed and we are now recommeding that the City Council award the contracts to the respective low bidders. The projects recommended for award are: � Project Low Bidder Amount No.6ids Received * 1. Water & Sanitary Sewer Hydro-Con� Inc. a 123,45b.78 15 Project 150 . � 2. Street Improvement Project H 8 5 Asphalt, Inc. S 337,565.25 ST 1985 - lb2 • 3. 1985 Concrete Pavement Joint Arcon Const. Inc. a 24,450.00 and Crack Resealing 4. 2985 Misc. Concrete Curb, Concrete Curb Co. S 28,650.00 Gutter and Sidewalk 3 10 Please ask the Council to consider these proposals at their May 6 meeting and award the contracts so that construction can start as scheduled. MlB:jmo 4 3I � � � � �.��' . WATER 8 SEWER PROJECT #150 . BID OPENING, 11:00 a.M, - MAY 1, 1935 (WEDNESDAY) � Ayres and Associates 700 Transfer Road ----------- NO BID St. Paul, MN 55114 American Ductile Iron Pipe i 12112 Lynn Avenue South ___ NO BID P.O. Box 278 -------- e MN 55378 tametti and Sons General Contractors ----------- NO BID Hugo, f!N 55038 Orfel and Sons Inc. P.O. Box 16358 St. Paul, MN 55116-0358 Crossings Inc. P.O. Box 10 Prior Lake, MN 55372 American Contracting 11b61 Eagle Street N.W. Corp. Coon Rapids, MP� 55433 --- — i _ M 8 M Sewer and t�Jater Inc. 3508 Belden Orive Minneapol is, �1N 55418 Flk River Concrete Products 7575 Golden Valley Road Minneapolis, MN 55427 Gammon Erothers Inc. Route 3 Rogers, MN 55374 --- North Star Water Works 610 Hamel Road Hamel, MN 55340 Water Products Co. 15801 West 78th Street Eden Prairie, MN 55344 F. F. Jedl icki � 142Q3 West 62nC Street Eden Prairie, HN 55344 Sarah �ontracting 80 East Little Canada Road St. Paul, MN 55117 5X Hartford 5% U.S. Fidelity 5X Capitol Indemni Capitol Indemnit 5% United Pacific Central Nationai Insurance E158,012.46 $153,970.12 $129,808.09 3145,956.00 NO BID NO BID NO BIO ' NO BID $247,063.75 �143,540.50 wATER 8 SEWER PROJECT #150 BID OPENING, 11:00 A.M. - MAY 1� 1935 (WEDNESDAY) 0 L P Contracting Box 506 Osseo, t4N 55369 ACG Inc. 197 Raymond Avenue St. Paul. MN 55114 Spencer Construction 6701 - 19th Avenue North Brooklyn Park, MN 55445 Burschville Construction, Inc. Box 167 Loretto, MN 55357 , Northdale Construction Co. Inc. ' 14450 Northdale Boulevard Rogers. MN 55374 Channel Construction Route 2 Eox 53 � Isle, MN 56342 Hydro-Con Inc. Box 129 North Branch, MN 55056 Hayes Coniractors Inc. ' 1010 Currie Avenue Minneapolis, MN 55403 Bonine Excavating, Inc. 12636 Main Street Rogers, MN 55374 Central Nationa Insurance 5� Great American Insurance Co. 5� U.S. Fidelity 5� Capitol Indemnit 5 � �' Lumberman's Mutua �' 5% Inland Insurance 5% United Fire and Casuality 5� Wausau Insurance 5% Captiol Indemni s164,848.68 �142,877.20 g142,509.50 5160,635.25 $146,924.50 $144,955.75 �123,456.78 5138,489.Q0 �141,918.75 .� s BID OPEN ING - ll: 00 A, M, TI�SDAY, APRI L 30, ]985 �-;/�/ -� 4 STREET INPRaV�'ENT Pi�OJECT - ST 1985-1�2 Ayres and Associates 700 Transfer Road St. Paul, MN 55114 H & S Asphalt 700 Industry Avenue Anoka, MN 55303 Arcon Construction Co. P.O. Box 57 Mora, �1N 55051 Gammon Brothers Inc. Route 3 Rogers, MN 55374 Alexander Construction 14561 Johnny Cake Ridge Road Apple Valley, MN 55124 Hardrives Inc. 7200 Hemlock Lane Maple Grove, MN 55369 �lidwest Asphalt P.O. Box 338 Hopkins, MN 55343 Alber Construction Inc. 4901 West Medicine Lake Drive Plymouth, MN 55441 5% Capital Indemni 5% Lumberman's Plutua 5% Fidelity Deposit NO BID $337,565.25 NO BID �!0 B I 0 NO BID a374,531.62 NO BID �348,865.95 0 ORDINANCE N0: AN ORDINANCE ONDBR SECTION 12.07 OF THB CITY CHARTFR TO VACATB STREETS AND ALLEYS AND TO AI�ND APPENDI% C OF THE CITY CODE The City Council of the City of Fridley does ordain as follows: SECTION 1. For the vacation of a utility easement described as follow s: the 5 foot drainage utility easement on the North side of Lot 14 and the South 2 feet of Lot 15, Bloek 1, Rice Creek Terrace Plat �1. All lying in the North Half of Seetion 14, T-30, R-2�, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY oF , 1985. ATTEST: SIDNEY C. INMAN - CITY CLERK Public Hearing: May 6, 1985 First Reading: Second Reading: Publish: ij ; ;,` . I� % - y. WILLIAM J. NEE - MAYOR � SEC. /4, T. 30, R. 24 crrr of fRiocEr � _ Kuhnly . � � � 6A r�us �s . coM• --'r• x u=°:.s I l �u t rrtr u�w �w •.� �•,c•. c��r• � I J1�KES �irtC1.NG •'�f ��l� Y�Ow'N -•.s x.» �•ic n ro �e vuo a+�• r� �E�ERE►rCE IlJf1OfES �IY^ M! CJ�� ► iS AOT RFfMHytl[ �Jf iV:► rN .�,,.,,�,._ ��, ��.,,�� 539/4 , �� . �.�_,. .< <a�. IN/ CO�A �N, , . � � �.. u� �• � ' " r s � ;BR OXV/EW , L. , ; � ; . _ . � , � ,• � � � ..• - �}� : 4 � . � �. 7� � �, .s �,.� �.; "~"�....,, �t ,�, "� � � ' � s RICE t CREEK TEIIRACE ' .+ . -,• � . ' � �; . (�_ J � ' ..� Y .. .. � :. , � 4 / f (�r � � . � . � . 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T _ _'. __. �.r.+.�..�.r�•._ � CITY OF FRIDLEY PLAPJNIFIG COMMISSI(1N MEETING, MAY 8, 1985 CALL TO ORDER: Chairwoman Schnabel called the May 8, 1985, Planning Corr�nission meeting to order at 7:33 p.m. , ROLL CALL: Mer�bers Present: Ms. Schnabel, Mr. Oquist, Mr. Mfnton, Mr. Nielsen, Mr. Saba, Mr. Kondrick Members Absent: Ms. Gabel Others Present: Jim Robinson, Planning Coordinator Betty Wall, 5425 Quincy St. N,W. Jackie Judlic[ci, Fridley Convalescent Home Lance Lindman, 4565 3rd St. N.E. Robert McAdam, 7580 Alden Way N.E. See attached list APPROVAL OF ARRIL 3, 1985, PLRroNIIVG COMNIISSIflf� N1fN�TES: MOTZON BY MR. KONDRICK, SECONDED BY MR. SABA, TO APPROVE TXE APRIL 3, Z985, PZ,�NNING COMMISSION MINUTES. Mr. Minton stated that on page 14, paragraph 1, the words "she stated" should be deleted. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MINUTES APPROVED AS AMENDED. 1. PUaLIC HEARING: CONSIDERATION OF A SPECIAI USE PERMIT, SP #85-03, er ec ion .., C, 6, of t e Fridley City Code to allow parking lot expansion on Lot 1, Block 1, Maple Manor Addition, the same being 7590 Lyric Lane N.E. MOTICaN BY MR. KONDRICK, SECONDED BY MR. NIELSEN, TO OPEN THE PUBLIC HEARING ON SP 1�85-03 FRIDLEY CONVALESCENT HOME� BY BETTY J. WALL. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 7:35 P.M. Mr. Robinson stated this property was located on the northeast corner of Madison and Lyric Lane, just east of the Un1ty Hospital compiex. TE►e zon{nq was R-1 or single family. The neighborhood to the so��th was predominately single family, an apartment complex to the east and north, and CR-1 (local) office) just to the north which included the Fridley Medical Clinic property. 6A PLANNIWG C�MMISSION (�EETING, MAY 8,_ 1985 _ P�� 2 Mr. Robinson stated the proposal was for a 40-stall narking lot on the east si.de of the property with access off Lyric Lane and one-way circulation within the interior of the parking lot. There waS an existing 39-sta�l parking lot on the west side. Mr. Robinson stated the Planning Commission members had received copies of the June 4, 1980, Planning Commisston minutes when there was a pu6lic hearing regarding a speclal use permit for an entrance from Lyric Lane because of expansion of the nursing home. Key points had been highlighted in yellow. Clty Planner, Mr. Boardman, had stated that "when tf�e nursing home was proposed in 1968, the planning Comnission and City Council recomnended a special use permit with the determination that tE�ere would be no access off Lyric Lane". At that meeting , there was a great deal of discussion and reference was made to the original City Council arproval that egress and exit should be on Madison St. The special use permit at the June 4, 1980, Planning Commission meeting was recommended denial by the Planning Commission with reasons, and the request was then withdrawn at the June 16, 1980, City Council meeting. Tonight, tfiis request was really a re-request for tFie same proposal. Mr. Robinson stated Staff has put together wF�at they feel was one solution which would serve the general needs of tf�e Fridley Convalescent Home and the whole area, and would maintain and continue the existing access off Madison St. This would involv'e the removal of tf�e existing storage garage area to the north. They would suggest that the proposed access onto lyric Lane be closed off and landscaped. � Mr. Robinson stated Staff was recommending the following stipulations: 1. 2. 3. 4. 5. There be no access off Lyric Lane; that the access be off Madison St, The parking lot be screened, both from the driveway and the residential property. Any lighting in the parking lot be diffused lighting. There be one-way signs placed in the parking lot. Petitioner work with City Engineering on drainage requirements. Mr. Robinson stated he had received a telephone call from a resident, Janice Carroll, 7567 Lyric Lane, who could not attend tE�is meeting. She lives directly across tF�e street. She stated she was against access off Lyric Lane. She had a problem because of the already existing traffic and problem of property values. She was not against tf�e parking lot if properly screened and would support the parking lot with access off Madison. Mr. Robinson stated the parking lot as described was for employees only so there wouldn�t be a high turn-over of cars coming and going. Mr. Robinson stated one other issue that should be raisedwas the apartment building just to the east, Highland Park Apartments. There has been complaints i�n the past of people from the apartment building driving over the boulevard onto Lyric Lane. It has been suggested that a barricade be put up so they , 60 PLANNING COMMISSION MEETING, MAY 8, 1985 � PAGE 3 cannot continue to do that. One of the fears of the neighborhood is that if access is allowed off Lyric Lane for the Fridley Convalescent Home, they would have a hard time denying a permit to the apartment building for the same access off Lyric Lane. There is the concern that the residential quality of the neighborhood would suffer. Mr. Robinson stated City Staff has met on site with people from the nursing home and went over the feasibility of moving the garage and putting the driveway through to the proposed east parktng lot. One of the big concerns of the nursing home was they have a patio area for the residents behind the building, and the driveway would be an intrusion on that passive area. Mr. Saba asked how many people were employed at the Fridley Convalescent Home. Ms. Jackie Judlicki stated she was the Administrator of the Fridley Conva- lescent Home. She stated they have 140 employees. The maximum number of employees per shift is 50. The shifts are 6:0� a.m. - 2:30 p.m.; 2:00 p.m. - 10:30 p.m.; night shift. Ms. Judlicki stated the proposed parking lot would be an employee parking lot and would be used solely for that purpose. She stated it was very difficult to visualize the real situation at the rear of the building unless peonle had actually been there and looked at it. She stated there is not only a garage, but a garbage collection area. The property to the north slopes down at a great incline, so in order to extend the driveway, a lot of fill would have to be hauled in and some type of retaining wall constructed. They could not go with a single driveway as described by City Staff. At the rear of the butlding just before the garage, there are double doors. That is the emergency entrance. Also, all deliveries are made to the rear of the building, so large semi's come in and they can take up the whole driveway for up to 1/2 hour in order to unload supplies. There would have to be enough room for cars to bypass what- ever vehicle was in the driveway. Ms. Judlicki stated that, as Mr. Robinson had mentioned, they do have a patio area in the rear--a concrete area with nice landscaping that is used not only by the employees, but by the residents and families of residents. Many family activities are held there. She felt that for the safety of the residents, some of whom are very confused, she could not envision a driveway right there. Ms. Judlicki stated the existing parking lot does accommodate 39 cars. That is hardly enough for their employees, let alone visitors, doctors, various services coming into the nursing home (such as mobile dental, eye doctor, lab, portable x-ray, etc.). Their employees are parking on the street; and at one time, were utilizing Unity Hospital parking lot; but now with the expansion of their facilities, Unity is also crowded for parking. Ms. Judlicki stated t�at many visitors to tfie nursing home are elderly them- selves, and it is very difficult for them to visit their families and friends. The driveway coming off Madison St, for the existing parking lot is coming in at an incline so in the winter with ice and snow, it is not only an inconvenience, but also a safety hazard to anyone �aving to walk up to tFie building. BC PLANNING COM�ISSION MEETIPtG, MAY 8, 1985 PAGE 4 Ms. Judlicki stated the expense of putting the driveway through in the rear would probably cost 3-4 times roore than putting a driveway in off Lyric Lane, olus the disruption of their passive patio area and the safety of their residents. Mr. Minton asked Zf a study Ewd been done fn-house of how much additional cost would be incurred by extending the driveway from Madison, ��s, Judlicki stated they had not done a study. Ms. Schnabel asked how they would indicate that the proposed lot was for employee pa��king only. Ms. Judlicki stated they would have signs indicating it was an employee parking lot only. Each employee would have a sticker for the car, and it would be monitored through the maintenance department. Mr. Phil Dahlen, 1378 Skywood Lane N.E,, stated f�is mother has been a patient at the Frldley Convalescent Home for 12 years. From tf�e existfir�g driveway from where it slants and goes 6ack to the dou6le doors, �fiere are some blocks that go up to separate the cars that are facing east and the cars that are facing west and also cars up against tf�e building. When you are trying to get out of the double doors area, you have to back in between a set of parked cars wrhich is practical]y impossible. He stated tF�ere is no other way to turn around in that slant. Mr. Dahlen stated that as to the parking facilities on the west side of the building, there is very few parking spaces for people like himself coming to visit. There is handicapped parking on the very northwest corner where tfie double doors are. He stated tFiat during tfie winter time, it is physically impossible to go uphill, because the existing parking lot is downhill. The employees have to park some place; and if the employees are taking up parking spaces, there are no parking spaces for visitors except on the street. He sLated he h�d no intention of parking his car on tF�e street at any time. Mr. Dahlen stated that on the north side of the driveway, it is all downhill. In order to extend the driveway, there would have to be a lot of fill brought in. As far as the distance, he did not think there could be a 25 ft. drfveway in there at all. As far as access off Lyric Lane, cars wouid not be coming in convoy fashion, It was when the shift ended thai� there might be a problem, because everyone wants to get out at the same time. The possible solution would be like it is at Northtown, where the cars go in on one side with a iittle bit of an island and comes out on the other side, with a right turn only onto Lyric Lane, so no one can cross the street making a left turn going to Jackson St. around 3:00 p.m, in the afternoon. Ms, Carol Basi1, 810 Rice Creek Terrace, stated she does go to the nursing home to visit her father and she has yet to be able to park in tF�e parking lot. She has either had to park on the street or leave and come back later. She 6D _ __ _ _ PLANNING COMMISSION IhEETIPJG, MAY�8, 1985 � PACE 5 would be in faaor of an additional parking lot. The existing driveway is very sarrow, and she did not think that would be a good access to the proposed parking lot on ihe east. Ms. Dorothy Newton, 228 - 104th Lane N.W., stated she wondered if anyone had taken into consideration the building for the new medical center across the street at Unity Hospital. Because of the construction, the workmen take up a lot of the street parking. She stated she has spoken to people at the Fridley Medical Clinic next door, and they object to visitors frnm the nursing home parking in their lot. Some of the visitors to the nursing home have to use the church parking lot. She stated she usually goes to the nursing home between 1:��J-2:30 p.m, and usually there is no place to park. She stated her mother has been in the nursing home for 62 years. That is her mother's home. Al1 her mother has to look forward to are her visitors as she cannot get out of bed and cannot walk. Many people who would like to come to the nursing home do not because they cannot walk from the street or other parking lots. Ms. Newton stated that on Dec. 28, 1984, there was a fire at the Fridley Convalescent Home. How would the fire engines have gotten across to the east side of the building without a parking lot and driveway if there has been a lot of snow? She stated they have to take the safety factors into consideration, toa. Ms, Newton stated that many cars parked on the street are parked so close together that there are near collisions to cars exiting because people cannot see someone trying to enter. She stated these are all very bad situations. Ms. Merle Herbert stated she lives in Minneapolis. Ner mother has lived in the Fridley Convalescent Home for 14 years. She stated she believed when she goes to visit her nother, she would have the right to park just like any other person who visits his/her mother. She stated that if Ms. Judlicki said thinqs would be kept up, they could take her word as the Fridley Convalescent Home is a"home". If Ms. Judlicki tells her staff how to park, they will do what she says. Ms. Frances Frank stated she was an employee at the Fridley Convalescent Home. She stated she felt that the existing parking lot should be for visitors only, and the new parking lot should be for employees only. She did not think it was good to have access from Madison and have to move the garage or the beautiful patio the residents enjoy. Mr. Bruce Sarsness, 7589 Lyric Lane, stated he was opposed to the parking lot and to the access onto Lyric Lane. He stated he has been a homeowner on Lyric Lane for 8� years. During that time, there has been considerable expan- sion of all the property owned by the North Suburban Hospital District and operated by Health Central, Inc. The sixe of ltnity is much bigger than.it was 8 years ago. The amount of traffic is much larger than 8 years ago. If they compare the traffic on Lyric Lane to the traffic on any other street in the Melody Manor area, there was a considerable difference. 6� PLANNING COMMISSION MEETING, MAY 8, 1985 PAGE 6 Mr. Barsness stated they have some rapidly expanding businesses on the north side, Homeowners who were there first are on t�e south side. The homeowners want one tfiing and the businesses �ant something else. He has not seen any expansion plans tfiat take Znto account 6oth the homeowners and t�e businesses. Mr, Barsness stated he lives across the street from the Highland Park Apart- ments. The re is a pa rking lot there, and he d1d not need two parkinq lots across the street from him. One other concern had to do with property values. The value of the homes on Lyric Lane are less than the homes in the interior of Melody Manor. Mr. Barsness stated that five years ago there was a proposal by the Fridley Convalescent Home for a U-shaped driveway and expansion of the structure to tfie east. There was no mention at that time of a need for more parking, so apparently this additional parking need has arisen since that time. Six years ago the nursing home did not have a patio or storage building on the back side. He questioned the nursing home's planning. Why weren't these parking problems foreseen before t�ese tfiings were put in? Mr. Barsness stated that besides the traffic, he had some other concerns regarding the access onto Lyric Lane. If the lot overflows either because tfiere are too many employees, snow remova] prob7ems, repairs, etc., those cars are all going to be out on Lyric Lane. Mr. Barsness stated that as far as the City's proposa] for the driveway going in from the back, the only way he would find that acceptable was if the lot was fenced in all the way around including the Lyric Lane side and landscaped so they would not have ta look at the cars. One of his concerns with the City's plan was that when landscaping goes in, it is always quite small, Cars would still be able to drive in over the grass just like they do at the Highland Park Apartments. He wanted to make sure there was no way the cars could get to Lyric Lane from the parking lot. Mr. Barsness stated parking on the east lot would have to be controlled because there could be a potential problem there. He had heard there was going to be a sticker system, "employee parking only" signs, and he believed those were good intentions, but sometimes things change over a period of time. Once that lot is in, it cannot be removed. Mr. Lloyd Larson, 7549 Lyric Lane, asked if the driveway could be extended to an east parking lot. Was there enough land? He stated people have talked about safety of the people in the nursing home, but what about the safety of the children who walk up and down the street because there are no sidewalks? If the Fridley Convalescent Home gets a driveway onto Lyric Lane, then the apart- ment buildinq should have the same access. Right now the street is very busy. He could agree to the parking lot, but no access onto Lyric Lane. He would like to see the driveway on the back side if there is enough room. Then every- body's problem would be solved. Mr. Larson stated that when the Fridley Convalescent Home was built, it was stipulated that there would be no access onto Lvric Lane because the people 6F _ _.. ... _ PLANNiNG COMMISSION {�EETIiiG, MAY � 8, � 1985' . ......... . PAGE 7 did not want it. Five years ago they tried for access onto Lyric Lane, and here they are again. If the building was not enlarged as proposed five years ago and the parking lot was big enougf� then, wfiy tF�e need for more parking now? Ms. Judlicki stated tfie building Fias not 6een expanded. Since it was built in 1970, however, tfiere f�ave been a lot of internal changes in the building. ' They are receivfng residents into the home who require much more care than they dfid i.n 1970-1975-1979. Hospitals have to discFiarge patients much sooner. They are getting people wfuo are almost in tFie critical state. This requires more staff and services to care for the residents, and that means more cars. They have done a lot to encourage family participation, family care conferences, family events, etc. They want the residents to feel part of a family unit, and so tF�e families have to get to tfie nursing home. With a new parking lot for employees, tF►ey would 6e able to add more handicapped parking. Many employees park on Madison St, now in order to free up parki.ng spaces for visitors. 1'his isn`t just a tanporary problem; it has been going on for a long time. They, too, are concerned for tfie safety of the ch�ldren. They have checked witFi an elementary scf�ool a6out scfiool schedules, and the employees would be coming and leaving 6efore and after the children are walking to from school. f4r. Larson stated that when the second shift at the nursing home gets out, the children from Spring Lafce Park High School are coming home. Ms. Dorothy Artmann, 254 Rice Creek Boulevard, stated she was an employee at the Fridley Convalescent Home, and also had a loved one living in the nursing home. There are a lot of Fridley employees who f�ave put up with a lot of inconvenience with the parking. Wf�en you care about someone being able to visit a resident, then you don`t park in the lot. She stated her aunt was a resident at the nursing home, and her mother is elderly. It is hard for her mother to walk; and if the weather is not good, tf�en her mother does not visit her aunt, whicF� means her aunt is denied a visit. There were only three people to visit her aunt--f�er sister, f�er motFier, and herself. Ms. Artmann stated they were not asking the people on Lyric Lane to be inconvenienced. The hospital and the nursing home were there before the homeowners. Children can also create a problem for traffic. She stated they really need a parking lot. Some day she may be a resident in tfiat nursing home, and if tF�ey do not get it the way tfiey want it now, tFiey will not have it. Mr. John Haines, 448 Rice Creek Blvd., stated f�e would like to make a few comments from the hospital pers{�ective. They recognize that part of the problem is because of the expansion going on right now at Unity Hospital, but they are trying to correct those problems. He stated tF�ey are trying to be good neigh- bors. Right now there is no doctors` lot, as sucF►, 6ecause they had to take over part of the employee lot for tf�e doctors. There is also expansion on the professional builciing to the west. All this expansion should be done by surr�ner and hopefully that will help with the traffic and parking problem. Mr. Haines stated they have tried to maintain the landscaping between the hospital and the neighbors. They have been complimented on it. Sometimes� when the neighbors are crowded for parking space, they will use the hospital parking lot for extra space. 60 PLANNItJG COMMISSION MEETING, MAY 8, 1985 PAGE 8 Mr. Haines stated he had one other concern, and he has tried to get Anoka County to look at this problem, He believed a lot of traffic was added from the hospital from Madisan St. east. Cars will come down to Lyric Lane because they can get out on Osborne and make a left hand turn because there are stop signs there. He stated they cannot seem to get stop signs installed at Madison St. and Osborne, The congestion gets so bad on Madison trying to make a left hand turn that many people are going to take Lyric Lane. He stated he had talked to Paul McCarron, Anoka County Commissioner, about this problem last fall. Mr. McCarron had said he would see that a traffic study was done on Madison and Osborne, but one has n�t been done yet. He stated he did believe that stop signs on Osborne and Madison would help wlth a lot of the traffic on Lyric Lane. Ms. Edna Barsness, 7589 Lyric Lane, st«ted she is a registered nurse and works at Unity Hospital. She kncws a lot of t�e patients from her station do go to the nursing home. Before she was a nurse, she was a nursinq assistant in a nursing home and her motfier resided in a nursing home so she was not against the nursing home. She was against the parking lot with access onto Lyric Lane. The nursing home operates 24 hrs/day, I days/week, 365 days/year. School is not in session all year, and the cfiildren are out in tfie street riding bikes, etc. She stated you can say that most of the children are old enou�h to know better, but what about�the little children w�o do not know better. The apart- ment building poses a concern also because t�ere are many youngsters in that complex, some very young, and they have very few places to play. She was amazed that no ane had gotten hurt, as many of the children cross the street. Ms. Barsness stated she believed that if the nursing home got access onto Lyric Lane, the apartment building would want access, too, and that would pose a lot more traffic. Ms. Barsness stated it was her understanding that it was not possible for the nursing home to get access onto Lyric Lane without special permission. If the Fridley Convalescent Home knew that, why was the storage shed built there and why was the beautiful patio built there without any thought to where they were going to get access? This just did not make sense to her. Ms. Barsness stated she did not especially want a oarking lot across the street from her, but if they have to have it, t�en s�e didn`t want access off Lyrtc Lane, and the parking lot would have to be well bounded so that no cars could drive across the grass. She hoped the City would maintain its policy and vote against any access onto Lyric Lane. Mr. Charlie Johanson, 424 Rice Creek Blvd., stated that even if they moved the garage, he did not think there was enough room to put a two-car driveway behind the building. There was only 33 ft. from the building to the corner at the narrowest point. Ms. Schnabel asked if the Fridley Convalescent Home had discussed the possi- bi�ity of purchasing a little section of land from the property owners to the north. �M PLANNING COMMISSION �EE71Nr,, MAY 8; 1985 � � PAGE 9 Mr. Johanson stated they have talked to the property owners to the north, but thgy are also short of parking. Ms. Schnabel stated that she would think that if there was any possibility of acquiring that small section, it would certainly enhance the nurstng home`s chances of putting in the wider driveway. Mr. Johanson stated the nursing home also had another option, and that was to come off Madison and go in front of the buildtng. Mr. Julian Boyda, 7593 Lyric Lane, stated �e moved to Lyric Lane in 1972, and it was his understanding the nursing �ome was not going to be expa�ded. He stated the neighbors opposed the expansion proposal five years ago, and they still ooposed the access coming out onto Lyric Lane. He stated he loved children, and �e was very concerned about tfie children 6ecause of t�e traffic. Ms. Norma Wetterberg stated her mother was a resident of the Fridley Convalescent Home. She used to park in the �ot, but now there is nowhere to nark. She is one of the peop7e who have had to park on Lyric Lane. She stated she would like the Planning Commission ta give serious consideration to allowing an entrance to the proposed parkfng lot from Lyric Lane. Mr. Michael Boo, 2810 57tfi Ave. N,, stated fie was representing tfle Fridle� Convalescent Home. He stated he would lfke to again summarize t�eir position. The reason why the request is before the Planning Commission and why it is appropriate that t�e Planning Commission act on fit at this meeting as opposed to the proposal five years ago was because of the changes in the area, pressures from Unity Hospital and its expansion, the taking away of parking space that-was normally allowed and t�at is no longer available. Those things are not going to change. Fridley itself has expanded in �ays it cauld not have envisioned even five years ago. The nursing home has become basically an acute care nursing center with an increase in staff as a result, and clearly there was the need for the parking lot. Mr. Boo stated the question seems to come down to (1) the relationship to the apartment building, and he was not sure that was an issue here. The pressures the nursing home is feeling are both internal and from the west, and the apart- ment building is not under those same pressures; (2) access across the back onto Madison. He wanted ta sumnarize a few state�nents made earlier, and that was that space is currently being used for emergency access and loading and unloading of supplies, There is a garage there with a foundation. There is a patio that is being used by the residents quite frequently which suggests the possible safety hazards to t�e residents From the traffic; (3�_ the comment was made of why were t�e patio and�garage located t�ere? He stated he did not think the nursing home people foresaw what kind of expansion would occur. Perhaps that was an oversigfit on the part of the developers, but perhaps no one could have foreseen the trends that have taken and are taking place. Mr. Boo stated that regarding the access off Madison St., extensive fill would have to be brought in to build out to the property line. It was a very 61 . PLANNIfJG CQMMISSION MEETING, MAY 8, 1985 �� PAGE 10 expensive proposition; it raises safety hazards for emerqency access and to the residents, and it was a tight and difficult access that he did not think would be adequate. Ms. Judlicki stated she would like to introduce Leota Herylu, a resident and President of the Resident Council, who would like a moment to speak to the Commission. Ms, Herylu stated she had been a patient at Unity Hospital who couldn't return home so Fridley Convalescent Home became f�er permanent home. She stated her family comes to visit, and tf�ey do no� have a place to park, and they cannot get in back to pick her up. She stated it would be nice for the employees to have their own parking lot so the visitors could get closer to pick up the residents for outings. She stated the residents were all in favor of the employee parking lot. Mr. Saba stated he has seen a lot of situations where additional parking can be made available by having a remote parking lot and a shuttle bus service. He asked if this possi6ility had been considered. It would eliminate tf�e need for a parking lot for tf�e employees, or the visitors could even use the shuttle service. Mr, Boo stated it was something that could be considered; however, there are sometimes a lot of costs built into something like that and businesses for profit can afford those costs easier than businesses that are not for profit. That might be the reason why this was not possfble in tf�fis case. Mr. Minton asked if the Fridley Convalescent Home had given any consideration to expanding the parking lot on the west down to Lyric Lane. Ms. Judlicki stated they expanded the parking lot once in 1g76, and the City told them at that time that it was the closest they could come to Lyric Lane. MOTION BY MR. MINTON, SECONDED BY MR. OQUIST, TO CLOSE THE PUBLIC HEARING ON SP �85-03� FRIDLEY CONVALESCENT HOME, BY BETTY J. WALL. UPON A VOICE VOTE, ALL VOT2NG AYE, CNAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 9:00 P.M. Mr. Robinson stated he realized the City Staff's solutton was not the cheapest or the easiest, but they did spend a good deal of time on site and felt that with the appropriate engineering, their suggestion could be accomplished. He did not feel there has been any real significant study done on this proposal, and maybe that should be done. Mr. Kondrick stated he definitely felt the nursing home needed a new parking lot. The issue here was whether access should be off Lyric Lane or not. In visiting the site and looking it over, he felt there was enough room to accommodate a wider drive��ray. However, before he could make any kind of recommendation, he would want to make sure there was room for a semi-trailer and a car. They also need to know a"ball park" figure of how large a cost the City would be imposing on the nursing home. 6J PLANNItJG COMMISSION MEETING, MAY 8, 1985 PAGE 11 Mr. Oquist stated he agreed. He could see the need for the parking lot, but before he could vote on it, he would like to see t�e feasibility of the drive- way coming across the back of the property from Madison with a cost estimate. He t�ought access onto Lyrfc Lane did pose a problem. Ms. Schnabel asked what the timetable was for t�e parking lot. Ms. Judlick stated they were hoping to have the parking lot completed b,y early fall. Ms. Schnabel stated if the Planning Commission were to table this item, there wauld be time for t�e Fridley Convalescent staff and City Staff to conduct a study on the feasibility of the driveway behind t�e building and put together some cost figures. Ms, Judlick stated they would he willing to do t�is. M02'ION BY MR. MINTON, SECONDED BY MR. SABA, TO 2ABLE DISCUSSION ON SP H85-03 FRIDLEY CONVALESCENT HOME, BY BETTY J. WALL, UNTIL TilE MAY 22, 1985, PLANNING COMMISSION MEETING FOR THE PURPOSE OF OBTAINING A BRIEF STUDY FROM THE HEALTH CENTRAL ENGINEERS AND THE CITY OF FRIDLEY ENGIP7EER5 ON TXE FEASIBILITY OF A WIDER DRIVEWAY BEHIND THE FRIDLEY CONVALESCENT HOME TO THE NEW PROPOSEA PARKING IA2. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERFIIT, SP #8�-04, BY er ec ion .., ,, o e rl ey i y ode, to a ow t e construction of a second accessory building, a 20 by 16 foot garage, to be used for storage of a classic car, on Lot 26 and tfie Nortf� 25 feet of Lot 25, Block 16, Plymouth including tF�e vacated allep, tf�e same being 4565 - 3rd Street N.E. MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO OPEN THE PUBLIC HEARING ON SP #85-04 BY LANCE A. LINDMAN. UPON A VOrCE VOTE� ALL VOTING AYE, CXAIRW01�lAN SCXI7ABEL DECLARED TXE PUBLIC HEARING OPEN AT 9:17 P.M. The petltioner, Mr. Lindman,had b.een at the meeting but had left. The Commissioners agreed they were not comfortable making a decision without the petitioner present. MOTION BY 1►Q2. MINTON, SECONDED BX MR. NIELSEN, TO CONTINUE THIS ITEM UNTIL LATER IN TXB MEETING IN CASE TXE PETITIONER RETURNED TO THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCXNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 6K PLANNING COMMISSION MEETING, MAY 8, 1985 PAGE 12 3. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. #85-01 LANDMARK I IO B R D: Betng a rep at o t e prooerty escri e as ot , ev�se .0 itor s ubdivision No. 77 MOTION BY MR. OQUIST, SECONDED BY MR. SABA� TO OPEN THE PvBLIC HEARING ON P.S. #85-01, LANDMARK ADDITION, BY ROBERT McADAM. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON SCHNABEL DECZARED TXE PUBLIC HEARING OPEN AT 9:19 P.M. Mr, Robinson stated the property was located north of Osbarne, stretching all the way to 77th Ave., east of tfie 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 s±ated the proposal was for minf-storage facilities--two long buildings, approx. 42,300 sq. ft. of storage space. The structures will be 705 ft. long eac � separated with fire wa?ls as per code. Cars wi11 enter north of 77th. Tfiere is two-way traffic througfwut the entire con�lex. There is approx. 10 ft. green area on tfie west and 5 ft, of qreen area on the east. The waterworks easement wi11 stay green at the City's request. There would be a small office/residential facility in the northwest corner of t�e eroperty for a live-in caretaker for the facilfty. There would be four park- tng stalls adjoining the offtce/residence. There would be 22 parking stalls required for a development of ihis size. But, because there is little need for �arking, four stalls are all that will 6e put in. There would be additional parktng area if it would become a problem. He stated the entire area will be fenced with a 6 ft, high chain link fence with 6 strands of wire for a total of 7 ft. Mr. Robinson stated Staff was recomnending the following stipulations: 1. Redwood or cedar slats and vines to be installed in fencing alor.g right-of-ways and to 150 ft back from all four fence corners, Additional screening to be provided depending on future devei�pment. Z, Deveioper to work with the City to achieve a satisfactory landscane plan. 3. Ail 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 witF rules and regulations for storage faciiities. 7. Park fee of $3,61b.36 to be paid prior to issuance of a building permit. 6L PLANNING COMMISSION MEETING, �AY 8, 1985 PAGE 13 8. Plat to be recorded at the County prior to issuance of a building permi t. 9. Provide a performance bond or letter of credit in the amount of $15,000. Mr. Minton asked who would approve tFie rental agreement--tfie Planning Commission or City Staff. He would have a concern if the Planning Commission was supposed to approve the rental agreement. Mr. Robinson stated Staff could approve the rental agreement. Ms. Schnabel stated she was concerned about putting a residential dwelling in M-2 zoning. Mr. Robinson stated it was an al l o�[a6_l e use.; dwel l ing ir an M-2 zone for a watch_ person is considered an accessory use. Mr. McAdam stated he had no pro6lems witFi the stipulations. He was against the redwood or cedar slats in tfie fencing only becuase they are easily broken. Mr. McAdam stated some of the storage garages in surrounding areas have lights on the interior. He stated he was not providing interior lighting. There will be electrlc outlets on tfie exterior every 40 ft, so if someone wanted to get into a storage garage at nigfit, the caretaker would provide a trouble light. He stated the renters will not be allowed to store any flamnable materials. He stated ihis is one of the cleanest businesses, because it does not 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 storage for people. MOTION BY MR. OQUIST, SECONDED BY MR. MINTON, TO CLOSE THE PUBLIC HEARING ON P.S. #85-01, LANDMARK ADDITION, BY ROBERT McADAH. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRWOMAN SCXNABEL DECLARED THE PUBLIC HEARING CLOSED AT 9:43 P.M. MOTION BY MR. MINTON, SECONDED BY MR. SABA, TO RECQMMF•ND TO CITY COUNCIL APPROVAL OF PRELIMINARY PLAT, P.S. #85--01, LAND1�tARK ADDITION, BY ROBERT MCADAM� BEIIVG A REPLAT OF' THE PROPERTY DESCRIBED AS LOT 5� REVISED AUDITOR'S SUB- DNISION NO. i7, k'ITH THE FOLLOWING STIPULATIONS: 1. REDWOOD OR CEDAR SLATS AND VINES TO BE INSTALLED IN FENCING AIANG RIGHT-OF-WAYS AND TO 150 FEET BACK FROM ALL FOUR FENCE CORNERS. ADDITrONAL SCREENING TO BE PROVIDED DEPENDING ON PUTU22E DEVELOPNENT. 2. DEVELOPER TO WORK WITH THE CITY TO ACXIEVS A SA TISFACTORY LANDSCAPS PZ�A11i. 3. ALL STORAGE BUILDING MASONRY TO BE ROClf FACE BLOCK. 4. OFFICS BIIILDING TO BE BRICK MASONRY. 5. DEVELOPER Tl� COMPLY WITX FIRE CODE REQUIREMENTS. 6. DEVELOPER TO PROVIDE AND RECEIVE APPROVAL FROM CITY STAFF OF A STANDARD RENTAL AGREErlENT WITH RULES AND REGULATIONS FOR STORAGE FACILITIES. � �. PLANNING COMMISSION IWEETING, IwAY 8, 1985� � PAGE 14 7. PARK FEE OF $3,616.36 TO BE PAID PRIOR 2'O ISSUANCE OF A BUILDING PERMIT. 8. PLAT TO BE RECORDED AT COUNTY PRIOR TO ISSUANCE OF A BUILDING PERlNIT . 9. PROVIDS A PERFORMANCE BOND OR LETTER OF CREDIT IN THE AMOUNT OF $I5,000, UPON A VOICE VOTE, ALL VOTING AYE, CXAIRWOMAN SCHNABEL AECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated tFiis would go to City Council on May 20. 4, TABLED 2/27J85: LOT SPLIT REQUEST, L..S. #8�-03, BY ROBERT GICSTAD: Split o t e as er y eet, excep t e ort er y feet of part of Lot 1, Auditor's Subdivision No. 25 (see file for complete leg�l) to be used as a parking lot for the apartments on Lynde Drive. (Moore Lake Apartments Comp1 ex ) Mr. Robinson stated this item has been tabled indefinitely. Ms. Schnabel stated they should put some type of time li:mit on thi.s it�n. The Commissioners agr�ed to keep lS #85-03 on the ta61e for six months. 5. CONTINUED FROM.EARLIER IN..THE_�MEETING:. CONSIDERA7ION OF A SPECIAL USE � $ _ � :: :. Ms. Schna6el stated it did not appear tFiat tFie petitioner was going to return. MOTION BY :+1R. OQUIST, SECONDED BY MR. KONDRICK, TO TABLE SPECIAL USE PERMIT REQUEST� SP #85-04, UNTIL THE NEXT MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCXNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. REVIEW OF AN ORDINANCE RECODIFYING THE FRIDLEY CI7Y CODE BY ADOPTTP�G A NEW E E I I IRE Y: Mr. Nielsen stated he had a problem witfi this ordinance because the City enforces the ordinance for some people and not for others. He felt the ordinance had no value whatsoever if it is not enforced equally. Mr. Robinson stated that in the past, tfiere fias not been much in the ordinance that addressed boulevards, and tf�ey wanted to strengthen the boulevard cleanliness issues so they put something in the ordinance about the boulevards, especially about dumping on the boulevards. Mr. Robinson stated Section 105.04 had a timetable for the maintenance of boulevard areas, wfiicFi was a big change from the first ordinance. 6N1 PLANNING COMMISSION MEETING, MAY 8, 1985 � � �� PAGE 15 �_ Mr. Oquist referred to Section ]05.04.2, A, B, C, whic� gave the three cutting dates. However Section 1G5.04.3 staied that "noxious weeks or useless vege- tation shall 6e cut so as not to alloar growtfi to exceed a greater height than ten �10) inches on the average during these time periods". Mr. Oquist stated the weeds are going to grow higher tfian 10 inches between each of the cutting times listed. He felt the�ordinance s�ould be a little stronger.,either the cutting times'or 10 incFies, wfiicfiever comes first. Ms. Schnabel stated she had one concern about cutting along the boulevards and that was concerning "nesting" areas. In the rural areas, people are asked not to cut on the sides of the roads until certain dates because of nesting areas. She thought the State had a program that encourages people to not cut until after a certain date in order to encourage wildlife, She stated Fridley does have a certain amount of wildli�e, and maybe they should be considering the potential problem of disturbing nesting areas. This is some- thing that should be checked into. Mr. Oquist referred to Section 105.08 ASSESSMENT, which included the statement: "The actual cost of such cutting and removal, plus up to twenty-five (25) �ercent for inspectfon and other additional costs..." He stated why say 'up to 25%"? Why not set a certain percentage? How is the City going to 3�ei-ermine what the "up to° is? It is ratFier subjective. Mr. Minton agreed. He s�ated if people have been warned and still do not comply with the notice of violation, then they should have to pay the extra surcharge. The surcharge shouldn't vary. MOTION BY MR. MINTON, SECONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY ADOPTING A NEW CHAPTER 105 ENTZTLED "WEED CONTROL" AND REPEALING OLD CXAPTER 105 IN ITS ENTIRETY, WITN TKE RECOMMENDATION THAT THE FOLLOWING CXANGES BE MADE: 1. SECTION 105.04.3 BE MORE SPECIFIC REGARDING THE CUTTING TIMETABLE AND THE HEIGXT OF NOXIOUS WEEDS AND USELESS VEGETATION--TKAT AT NO TIME SHOULD TXEY EXCEED 10 INCHES. -...�__._ 2. TXE CONSIDERATION OF "NES2ING" AREAS FOR WILDLIFE. .3. CONSIDER DROPPING TFIE WURDS "UP TO° IN SECTION Z05.08 ASSESSMENT. UPON A VOICE VOTE� ALL VOTING AYE,CHAIRWOMAN SCXNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. CO�JSIDERATION OF APPROVAL OF SIGN PLAN FOR 7570 HIGHWAY #65 N.E. Mr. Oquist stated the Planning Commission has never before been asked to approve a sisn plan. Why was this being brought to the Planning Comnission? Mr. Robinson stated he believed just the City Council has approved sign plans in the past. The Commissioners agreed they would not like.to get involved in approving sign plans. 60 PLANNING COMMISSION �EETING, MAY 8, 1985 PAGE 16 . . .. 8. REVIEW OF AN ORIIINANCE RECODIF�IpG THE FRIDCEV''CI'TY CODE BY AMENDING Ms. Schnabel stated she would like to see tfiem continue this item until Ms. Gabel, Cfiairperson of the Appeals Corr�nfssion, could be present. MOTION BY MR. KONDRICK, SECONDED BY MR. MINTON, TO CONTINUE THIS ITEM UNTIL THE NEXT MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIF6►OMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. REVIEW OF PROPOSED ORDINANCE RECODIF1tING _THE FR�DLEY �C�ITX CODE B�' ADOPTING Ms. Schnabel stated she had a questions regarding S�ction 208.02.4.F which stated: "All ground mounted dish antennas and their mounting structures shall be screened from the right of way and adjacent properties." She stated screening might affect the performance of the dish itself because the dish needs a clear shot at the satellite. It depended on what type of screening they were talking about and where it was located. Mr. Oquist stated the Community Development Comnission had discussed this dnd felt screening of dishes should be required. He stated that a lot of tt�s wording came from sample ordinances and that requirement was included. Mr. Minton stated f�e agreed witFi screening; fiowever, i�e would like to see not only "right of way and ad,jacent properties" included, but also park properties. Ms. Schnabel stated she questioned Section 208.03.5. Specfal Use Permit. She would rather see tFiem use the variance process, ratF�er than the special use permit process. The variance process was a little cleaner. Mr. Robinson stated they should publish this new ordinance in tf�e next city newsletter so people are aware of it. MOTION BY MR. SABA, SECONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF THE PROPOSED ORDINANCE RECODIFYING TXE FRIDLEY CITY CODE BY ADOPTING A NEW CHAPTER 208 ENTITLED "SATELLITE DISH ANTENNA REGULATIONS", WITX THE FOLLOWING RECOMMENDED CXANGES: 1. DELETE SECTION 208.03.5. SPECIAL USE PERMIT PROCESS AND KANDLE WITX VARIANCE PROCESS. 2. SECTION 208.03.4.F - CXANGE TO READ: "ALL GROUND MOUNTED DISK ANTENNAS AND THEIR MOUNTED STRUCTURES SHAEL BF.' SCREENEII FROM TXE RIGHT-OF-WAY AND ADJACENT PROPERTIES,'INCLUDING PUBLIC OR PRIVATE PROPERTIES." UPON A VOICE VOTE, ALL VOTING AYE, CNAIRWt�MAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 6P PCANNIt�G COMMISSION �EETING, �AY 8, 1985 PAGE 17 10. COMMU��ITY ENERGY COU�JCIt GRANT APPCICATION �or Comr�ission's information only _ _ _. .. .. . _.. 11. REVIEW OF AN ORDI�JANCE RECOD.IFYING _TI�E ��RIDL'�v �CIT�' COD�� BX A(�1ENOING- . . _. � . POSAL . � Y y.: y : BY . � . � � .� '�� : ��' � : � � . ��r. Robinson stated they updated the existi�g solid waste ordinance to allow for a City cu'rb side recycling program. MOTION BY MR. NIELSEN� SECONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCZL APPROVAL OF AN ORDiNANCE RECODIFYING TXE FRIDLEY CITY CODE BY AMENDING CXAPTER 113 ENTITLED "REFUSE DISPOSAL" BY RENAMING IT "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION; BY ADDING SECTIONS 113.45. 113.09� AND 1I3.I1 AND BY AMENDING SECTIONS 113.01, IZ3.06, Z13.Q7, 113.10, II3.12 AND 113.I3. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. _ __ _ _ 12. RECEIVE MARCH 26, 1985, EWI�IROWMENTAC QtlALITY COMFIISSION NIINUTES: MOTION BY MR. NIELSEN, SECONDED BY MR. SABA, TO RECEIVE THE MARCH 26, 1985, ENVIRONMENTAL QUALITY COMMISSrON MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CNAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. RECEIVE APRIL 1, 1985, PARKS & RECREA7ION C�MNIISSION MINUTES: 1�SOTION BY MR. KONDRICK, SECONDED BY MR. MINTON; 20 RECENE THE APRIL 1, Z985, PARKS & RECREATION COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN 5CHNABEL DECLARED TKE MOTION CARRIED UNANIMOUSLY. MOTION BY hII2. KONDRICK, SECONDED BY MR. MINTON, TO CONCUR WITH TX8 PARKS & RECREATION COMMISSION�S MOTION ON PAGE 6 OF THE MINUTES THAT S600 BE CXARGED TO ALL NON-PROFIT GROUPS FOR THE USE OF TXE COMMUNITY PARK FOR SOFTBALL TOURNAMENTS AND TO RECOMMEND 1Q0 THE CITY CODNCIL THAT NO FEES BE WAIVED. UPON A VOICE VOTE� ALL VOTING AYE� CXAIRWOMAN SCEi�VABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. RECEIVE APRIL 2, 1985, ENERGY PROJECT�CONINIITTEE NlINUTES: MOTION BY MR. SABA, 5ECONDED BY MR. MINTON, TO RECEIVE TXE APRIL 2, I985, ENERGY PROJECT COMMITTEE MINUTES. UPON A VOICE VOTE, ALL VQTING AYE, CHAIRWnMAN SCHNABEL DECLARED TXE MOTION CARRIED UNANIMOUSLY. 6Q _ _ _ PLANNI�JG COMMISSION f�EETIN6, MAY 8, 1985 � PAGE 18 15. RECEIVE APRIL 4, 1985, HUMAN RESOURCES COI�INIISSION MINUTES: MOTION BY MF2. MINTON, SECONDED BY MR. KONDRICK TO RECENE THE APRIL 4, 1985, HUMAN RESOURCES COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. RECEIVE APRIL 9, 1985, COMMUNITY DEI/ECOPMENT COMMISSION MINIITES: MOTION BY MR. OQUIST, SECONDED BY 1►fl2. KONDRICK, TO RECEIVE THE APRIL 9, 1985, COMMUNITY DEVELOPMENT COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CNAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Oquist stated the President of Blue Bell Ice Cream, Inc., was at their meeting asking tfie City to change tFie noise ordinance to allow them to operate their trucks. According to the ordinance, tF�ey cannot even rin� the bell on their ice cream trucks. Tf�ey fiave gone to otfier communities, and other communities are changing tF�eir ordinances. P�r. Oquist stated the Community Development Commission made a motion askinQ the Citv Council to allow Blue Se]1 to operate in the City until the ordinance can be changed. He would like the Planning Commission to concur with that request. Mr. Oquist stated this request was to allow only Blue Bell Ice Cream Co. to operate in the City with a bell. Mr.Minton questioned why an exception to tf�e ordinance should be made for one company. He would want it to be generic for any company. Mr. Oquist stated the ordinance change would be for any company. The reason the motion was company-specific was because it was a specific request. Mr. Saba stated he had no problem with tf�e ice cream vendor driving up and down the streets selling ice cream, but he did not want other vendors driving up and down streets selling sF�rimp, paintinqs, fish, etc. Mr. Oquist stated the only issue regarding this request was the bell (the sound). Mr. Robinson stated one of the restrictions proposed for the ordinance was that the "uendor will not se11 on major thoroi�ghfares as discussed with Staff". He stated he had a problem with "major thoroughfares". Were they talking about the major higFiways? What about very busy streets such as 7th St, and Mississippi St.? Mr. Oquist stated they were prtmarily tfiinking of the major highways. 6A PLANNIPJG Cf1MMISSION �EETING, MAY 8, 1985 PAGE 19 MOTION BY MR. OQUIST, SECONDED BY 1�2. SABA, TO CONCUR WITH THE COMMUNITY I? � PMENT COMMISSZON THAT THE NOISE ORDINANCE BE CHANGED �O ALLOW ALL FOOD/BEVERAGE VF.HICLES TO SGUNL A 13T,NUALLY OPERATED BELL AS STATED IN TRS MOTZON ON PAGE 1 AND 2 OF THE APRIL 9, i985, COMMUNITY DEVELOPMENT COMMISSION MINUTES, AND TXAT TNE CITY CDUNCIL TAKE INTO CONSIDERATION GRANTING AN EXCEPTIUN TO THE CURRENT ORDINANCE SO THAT BLUE BELL ICE CREAM, INC.� CAN OPERATE DURING THE CURRENT SEASON i7NTIL TFIE ORDINANCE IS CHANCED. r1r. Saba asked if the City would have any liability if a child got hurt when running across the street to get to ti�e ice cream truck because the City allowed the vendor to operate in tF�e City? Ms. Schnabel stated this was-definttel�r a concern that the Plannin Comrnission w u ve an rr s�qoes Q: � o�,rnc ; e.. ues on o' e, v s _ega respons t t es s ou e as e o t e tv t ornev. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 17, RECEIVE APRIL 9, 1985, APPEAIS COP11°iISSI�N t�INUTES: MOTZON BY MR. MINTON, SECONDED BY MR. KONDRICK, TO RECEIVE THE APRIL 9, Z985, APPEALS COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. RECEIVE APF:IL 16, 19853 EPIVIRONh1ENTAL (�UALITY COMMISSION MINUTES: MOTION BY MR. NIELSEN, SECONDED BY MR. SABA, TO RECEIVE THE APRIL 16, 1985, ENVIRONMENTAL QUALITY COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOaVG AYE, CXAIRWOMAN SCHNABEL DECLARF.D THF, MOTION CARRIED UNANIMOUSLY. 19. RECEIVE APRIL 23, 1985, APPEACS COMMISSION MINUTES: MOTION BY MR. KONDRICIC, SECONDED BY MR. OQUIST, TO RECEIVE THE APRIL 23, 1985� APPEALS COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 20. QTFIER BUSiP�ESS: a. Discussion Concerning Proposed Mental Health Facility in Fridley Mr. Kondrick stated he had watched the Citv Council meeting on Cable TV on Monday, April 17. He stated he felt that after hearing the testimony 68 PLANNING CONIMiSSION'P�EETII�G, MAY�8�'t98� �.. PAGE 20 at the April 3 Planning Commission meeting both from the neighbors and others in the audience, in lieu of the information tf�e Conmissioners had recefved regarding past experiences for tfiis kind of facility in the Ci ty of Broo[clyn Center, and a1 so the fact tf�at f�e serves on a Comni ssi on wftf� very sFiarp people who asked good, probing, interesting questions, he felt the Commiss;nn had been slighted. He felt tF�e Planning Commission was looked down upon at the City Council meeting as a"bunch of durnrnies" viho acted rashly on information. Mr. Kondrick stated one City Councilman said he, too, was "shocked" at the outcome of the Planning Commission's decision. Mr. Kondrick stated he felt the P.lanning Commission's decision was not si�ocking at all, It was a very difficult decision to make, and he felt they acted on the information they had and were satisfied with the action they took at that meeting. Mr. Kondrick stated he felt confident serving on this Commission with people who are interesting, smart, well versed in the Citv, caring, who can make decisions witf�out politics always being i.nvolved, and who always have the best interests of the people at heart. He was �roud to serve on this Commission, and he did not ti�ink t�ey had done a bad thing or should be considered as r�aking "shocking" decisfions on the facts that they F�ad before tfiem at tFiat meeting. Mr. Kondrick stated he resented the Planning Cormission being v�ewed as a bunch of dumnies. If that was ti�e feeling, then maybe there shouldn't 6e a Planning Commission. Mr. Saba stated what botEtered him was there were some statements made that the City Council was not sure the court decision in the City of Brooklyn C�nter would even affect Fridley. Yet, the Attorney General of the State of Minnesota made the statement that not even an R-1 district can deny this type of facility. That statement was made on television as part of the WCCO special on mental health. Mr. Oquist stated that information was also provided to the Planning Commission in tF�e forr,i of a memo from the City Attorney. Mr. Saba stated that if tFiat memo Fiad no relevance in tF►e Planninq Commission's decision, then that memo should not have been given to them, Mr. Minton stated he felt the Commission did their job extremely con- scientiously. If a City Council member made the statement Mr. Kondrick had stated, then he felt it was up to that City Council qerson to explain that statement to the Planning Corr�ission. As k�e remembered the testi- mony at the April 3 Planning Commission meeting, he felt it fell into certain categories sucft as: �1� It was 6ad for the neigh6orhood; t2� It was dangerous to tFie cFiildren; (3; The house was not appropriate; and (4) It was bad for business including rental property and day care providers t11 tf►e area. =�� PLANNIt�G COMMISSION MEETING; N�RV 8;�198�'....._. ..... �.`. .. PAGE 21 Mr. Minton stated fie did not tf�ink any of the reasons he had heard had merit. Tfiere were studies to refute almost everything tF�ey said. The only consideration was fear, and if the Commission f�ad given into that, it would be perpetuating a stigma and a stereotyping that is.not justified. For noliticians wF�o want to be re-elected, it might take more courage for them to come to the same conclusion; but�he tk�ought it was awfully important that they do. Otherwise, they, too, will be helping perpetuate these kinds of stereotypes. Mr. Kondrick agreed. He �oped the City Council had the courage to agree with the Planning Commission's decision, Ms. Schnabel stated she found the programs on WCCOy Channel 4, verV enl ightening, and sF►e had great fwpes tf�ey woul d ftel p tf�e neighbors and certain members of tfie Council come to some conclusions tfiat maybe tf�is mental heal tf� facil ity was not a detrfimental tfii ng to any nei gFi6orhood---that these people are kind, lovirg, i'l�dividuals, who need some guidance and hel p al ong tfie way, and tfiat tFie�r sfwul dn'�t 6e feared nor shoul d a faci 1 i ty like this be feared fin any neigfiborfiood. But, she did not see that the program helped change anyone's mind. Sfie found it additionally informative over the.information tfie,y fiad received at the Plannfng Commission meetinq and i� F�elped reconfirm the decisian tFiey fiad made. She felt the informa- tion had been very valuable fn tfiat sense. Ms. Schnabel stated she had talked to to someone who lives near this neighborhood and who could not be at tfie April 3 Planning Commfssion meeting. Ms. Scfinabel had asked (�er reaction of tFie situation, and this person F�ad stated sfie really fiad a fiard time with tF�e State mandatinQ something that comes down into tfie local neighborhood telling them what �he,� Fiave to fiave i"r their neigf�6orhood--tf�at tF�ey have no choice in the matter. Ms, Schnabel stated that in some ways, she could understand that viewpoint, and it was a valid concern. It was one af the very few really legitimate expressions s[�e had heard. Mr. Oquist stated the State is mandating it, but if the City can prove the health, safety, welfare, kind of thing, then the City can deny it. If they didn't have those (cinds of restrictions or governmental interferences, then that says we should no longer have blacks in our neigf�borF�oods or that we should no longer f�ave F�andicapped people in our neighborhoods, etc. There has to be some control or the.y can become very restrictive. He stated he was against government interference, but it has to be something to protect the masses, ratF�er tf�an tf�e individuals. Mr. Minton stated when it comes to tFie matter of f�u►nan rig�►ts and ci vi l rig6ts, then the government has an obligation to play a role. Ms. Schnabel stated several people in the audience at the April 3 � Planning Corrnnission meeting said the facility shouldn't be allowed because it was a comnercial venture and would change the character of the neighbor- eu PLANNING COMMISSION MEETIN6, I�AY 8, 1985 PAGE 22 hood, etc. Yet, all those apartments in that neighborhood are cor�nercial ventures and t�e daycare centers are cor�nercial ventures. Ms. Schnabel stated that regarding the needs for the facility, especially tFie eig�t bedrooms, it would pro6a61y be very difficult to find any other residence in Anoka County that fias eigfit 6edrooms or is large enough to conyert into eight 6edrooms. 6. Retirement of Dorothy Evenson, Planning Department Secretary Ms. Schna6el stated tFiat Dorotfiy Evenson retired from the City on Friday, May 3. She stated she would like to exnress how much the Planninq Commission has apprecfated DorotFiy's efforts over tf�e years on behalf o� tfie planning Department and tfie Planning Commission. Dorothy has really been the "glue" th�t fias F�eld tfiem all together, and she will be sorely missed. ADJOUP,WMENT: MOTION BY MR. MINTON, SECONDED BY MR. KONDRICK, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL V02'ING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MAY 8, 1985, PLANNING COl9MISSION MEETING ADJOURNED AT 11:15 P.M. Res ctfully sub itted, y aa Recording Secretary — — — ,—. ,.�,y. � �_ _'_— --- _-- — . • Tnrw _w,e%_�. --r _�_' _•'- .: ��y�- * '• ---- --��---�-r--- _�--- 4 i� � �� it c � � l (� ,` �, ! � a,l _ 11 �e � : � . � � yf � x z � � � r � 1 � � ,il�� 30 - 77th Avenue N.E. P.S. #85-01 � � Z � � Q O i O -� ► a� P� c j �� L ` � 1 . � �♦ / / �� / ,P'� +• �� ' � / �;�;,� /• i ;� / , � i . ,- � "0 i g ij'. f.� ��/�/ �� M � / � � � � � v � e @ e � � � � � i i 6W � ' � I . �� . �I � � �'��I t�p, •� . • :� t , . , • t , Hl �. � ' � ``-» W W ' �f =' : . �, � i ,1 ,�.r�� J � •.��s '_�� • �'"'� •7• i � � s �•' w— �1 3 ; � O? i�t�2 � s = ; � � 2 i�j's l �,' � ` ;i:e� � � N s�::: �� — � i � :� N ° = j ' s� _ , : . _ , ;,,, � ° - � ; ,,—�,., , � � _ _ � ;� : �_� , � � _ �, � � . �� _,,, �� ! �, ; , �� • y'L � �`�j I. � `�� i= � � ' � • � i \�\ �"� � �! � . , � �i �, 1 � ;�� I� `\ � _ � . �.. :',i I� i �t !� � r\ % � I � % � • , \s i /� � � � I� � i� ' r \ I / I s \W / s la� � ?,j 1 I : _ • ZW ` ,� � u . s � I : ! ' a u� � �.� � '� � � � � !� . � � �� " ,' �, ��j � i I s� 'i � � �: ! : .t � � ; ' _ - � ` �' � - �� _ � ..' � . -'I: i `s-� 7 / �' E3E'' � J � �'K' � .ri � = , . _ � ': � � � ii � � ,�� t��= t ,�� ..� :�-�' x - � o � i � op .� i* �yY��\ � % � _ . � .� o�NE � a . ! 05e i : . _ o:: :=s} :; �_3 E 30 - 77th Avenue N.E. P.S. #85-01 6XI •.•.� � r• • �"i AN ORDIIJANCE RFX�lDIFYII� �flE FRICLEY QTY �E BY ADOPTII�U A NF3�1 �IAFI'F�t 105 ENI'ITLID 'WEID OONTROL" AND REF'EALING (I,D C�IAPI'II2 105 Il�1 I'1'S II�TPIRE3'Y Z�iE QTY (X7UTlCa, QF R�IE QTY OF FR�,EY DOE� OFi�AIIv AS F�LCWS: 105.01. D�EF'INIT�I.S Zt�e following def initions shall apply in the interpretation and application of this Chapter and the follawing words and terms, wherever they occur in this C�apter, are defined as follaas: 1. Boulevard. A mirum�m of twenty (20) feet extending fran the curb lirye back into the ir�ustrial or conunercial property. 2. Qirb Line. A ooncrete or asphalt barrier which physically separates the street frcr; the boulevard. �is barrier (curb) separates the water on the street f ran the soil of th�: �ioulevard. 3. Front Yard Area. �e f irst thirty�-five (35) feet extending f rom the curb 1 ine back into residential property. 4. Noxious Weeds. � �e annuaJ., biennial and perennial plants which are cleened by the State Oarnnissioner of Agriculture to be injurious to public health, public roac�s, crops, livestock and other proFerty. 5. Owr�er. Ariy a,�ner, lessee or occupant, or any agent, servant, representative or er.gloyee of any such owryer, lessee or occupant havir.9 control of the property. 6. IIseless Vegetation. All troublesane ancl rank vegetation including grasses, brush and weeds not de£ir�ed as noxious weec7s. 105.02. �VRPOSE �}�e (Ytj, p�uancil has deened that the wergraath of noxious weeds an�l useless vegetation creates a cetrimer►t to the public health, oom.fort and oonvenienoe of the resic3ents of the City of Fridl.ey and creates a general aesthetic depreciation of the City, and hereby declares such wergrowth to be a nuisance. DEFINITICNS .�..�y 6Y 105.03. PR�C6�ITIQ�I It shall be �ml.�aaful for arry vwner having oontrol of any occupied or �.uioccupied lot or land or any part thereof in the Gity of Fridley to peunit or mair.tain on arYy lot or land ar�� grawth of noxious weeds or useless vegetation above height limits ident.ified below in Sections 105.04 and 105.05, or any accLanulation of dead noxious weeds or useless vegetation. It shall also be iullawful for any such person or persons to cause, suffer or allaw rocks, dirt or any other debris to be deposited on the boulevard or front yarc3 area. 105.04. II�IDUSIItTAT�/00�'A'ERQAt., VAQ�I�TP OR D�EVFI,OF�ID PIaDPERTIffi l. It shall be the duty of any aar�er of an industrial or voc�a�►ercial property to maintain the appropriate boulevard area by cutting, mawing, renaving or clearing noxious weeds or useless vegetation. �e boulevard area shall also be kept clear and clean of any other aebris such as rocks, dirt piles, d�unped ooncrete, asphalt, or any other foreicg� material deposited on the property site. 2. �hree (3) cutting or mowing operations must be performed within the boulevard area, as follows: A. �e first cutting and remaval of noxious weeds and useless vegetation shall be oomgleted between JLme 25 and July 10. B. �e sewnd cutting and renoval of noxious weeos and useless vegetation shall be oomgleted prior to August 10, or thirty (30) days f rom the f irst cutting operation, in orcier to reduoe pollen oo�.uits in the hay fever period. C. Zhe third and final cutting and renwal of noxious weeds and useless vegetation shall be aanpleted between September 1 and Septsr;ber 15, in order to reduce the f ire hazard. 3. Zhe noxious weec3s or useless vegetation shall be cut so as not to allow grawth to exceed a greater heir,ht than ten (10) inches on the average during these ti.me periods. 4. Paroels of land extending beyond the def ined boulevard area may or may not require cutting and re�wal operations. Enforcement of the Chapter pravisions ac�ainst these areas with noxious weeds and useless vegetation wi11 be le�t to the discretion of the City Weed Inspector. in determining whether the noxious weeds or useless vegetation canstitute a nuisance, the City Weed Inspector shall oonsider, but is not limited to, aie (1) or more of the follawing: A. �he noxious weecas or useless vegetaticn are located within 100 feet of an occupied dwelling, office, commercial or industrial building; B. They are noxious weeds as determined by the State QcR�nissioner of Agriculture; C. They are a detriment to the public health, oomfort and o�nvenience of the residents of the City f D. They create a general aesthetic dep�eciation of the neighbort�ood. �ce�rTra� � �. �• •��a+•M� ,�. •- � a • • �+� �, • • •� � a. 6Z � � •a. na ••,•• •� ia�. •v� •• �, � ••:��` 1. It shall be the duty of any vwner af a re.sidential property to maimain the a�propriate front yard area by cutting or mowing, and renaving the e.xcess dead noxious we�ecls or useless vegetation. 2. 71�e noxious weec� or useless vegetation shall not be permitted to grow to a greater height than ten (10) iriciies on the average. 3. E�forvenent of the �apter prwisions against tbe rsnaining side and rear yard areas wi11 be left to the discretion of the City Weed Inspector. In determining whether the noxious weeds or useless vegetation oonstitute a nuisanoe, the Ween Inspector shall a�nsider, but is not lin-sted to, ane (1) or more � the follvwing: A. They are noxious weeds as determined by the State dom�nissior�er a� Agriculture; B. 7.hey are a detriment to the public health, comfozt, and c�onvenience of the residents of the City f C. They create a general aesthetic depreciation of the ryeighborhood. 105.06. CIIJF�RAL I�A�iTCE The general notices for oontrol useless vegetation shall wnsist official Fridley News�per prior 105.07. NOTICE OF VSO[�AT�i and eradication of noxious weeds and of this Chapter published in the to J�e 15 of each year. when the owner permits a nuisance to exist in violation of this Chapter, the City Weed Inspector shall se=ve a notice on the awner of suGh lot or parcel of land ordering such person to have such noxious wee6s or useless vegetation cut and renoved or otherwise eradicated or ranwed within ten (10) days after the servioe of suGh notioe. Such notice shall also state that in the event of nona�r�glianoe, renaval wi11 be cbne by the City of Fridley at the vwner's expense. When no awner can be famd, notice shall be sent by registereci n,ail to the person who is listed on the rec�rc'� of the CA�ty Auditor or Gounty Treasurer as the awner. Service will be atnglete with the mailing. Z� �J • O8 • �$Fi$r'�:'Nl' If such awner fails, r�eglects or refuses to aa:,ply with the notice of violation within the specified time period or no awner can be found, the City shall cause such noxious weeds and useless vegetation on such lot or land to be cut and renove�. The actual cost of such cutting and removal, plus up to twenty-f ive ( 25) peroent for inspection and other additional costs in oonnection therewith, shall be oertif ied by the City to Anoka �unty and shall be aaaea to and become and form part of the taxes next to be assessed and levied upon such lot or l�d alzci shall bear interest at 6AA • a. ��.� •, � • •� � r • �, a • � �. _��i?+.; �!�� • . •- ! � �i� _ 5..��Ar��4 the sar,��e rate as taxES and shall be collected and enforced by the saQne offioer and in the saane mw�er as taxes. 105.09. PF2ri�1LTIF.S Any violation of this Qiapter is a misdeneanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Qode. Each day that the violation exists or oontinues to exist shall be dea►ed a separate offense. l;�� : M� � P�1SSID AAID ADOPrID BY ZHE QTY �UNC,IL QF Z�iE QTY OF FRIDLEY TH IS L1AY OF , 1985 F:TI�ST: SIDNEY C. 1Nt9AN - QTY CLF�tK w�� J, r�E - r•�YOR 6�B �- t C� � �'X�.f l'//II � �,°�. 3� 105.01. PRCH IDITION It shall be unlawful for any owner, lessee or occupant, or any agent, servant, representative or er,ployee of any such awner, lessee or vccupant having oontrol of any occupied or �xcupied lot or lana or ar�• part thereof in the City of Fridley to permit or maintain on ary lot or land any growth of Weeds, grass, brush or rank vegetation to a greater height than ten (10) inches on the average, or any accur,�ulation of dead weeds, grass or brush. It shall al so be �lawful for ariy such person or persons to cause, suffer or allow poison ivy, ragweed or other poisonous plants, or plants detrimental to health to grow on any such lot or land in such manner that any part of such ivy, ragweed, or other poisorious or hannful Weed shall extend upon, arerhang or borc3er any public place or allow to seed, pollen or to allaw any other poisonaus particles or enanations therefrom to be carried through the air into any public place. (Ref . 397) 105.02. DITtY It shall be the duty of any owner, lessee or land to cut and remove or cause to be cu1 weeds, grass, brush or other rank poisonous � of ten a s may be ne ce s sa ry to oomply wi th the 105.01; ptwided that cutting and removing vegetati on at least once in every three (3) and Septenber 15 shall be deemed to be a �apter. 105.03. T�VII�TI'ION BY CITY xcupent of any lot or and removed all such ►r harmful vegetation as provisions of Section such weec3s, grass and weeks, between May 15 compliance with this If the provisions of the foregoing sections are not complied With, the City Weed Insgector or Polioe Departrnent shall serve a written notice upon the owr�er, lessee or occupant or any person having the care or control of any such lot or land to comply with the pravisions of this (�apter. If the person upon whom the notice is served fails� neglects or refuses to cut and renove or to cause to be cut after the date of such notioe, or no person can be found in the City of Fridley who either is or claims to be the owner of such lot or land, or who either represents or claims to represent such awr�er, the City Weed Inspector shall cause such weeds, grass, brush and other ve9etation on such lot or land to be cut and re�:.oved and the actual o�st af such cutting and removal• plus up to 25 percent for inspection anci other additional oosts in oonnection therewith, shall be oertified by the City to Anoka County and shall thereupon beaorae and be a li� u�pon the property on which such weeds, grass, brush and other vegetation Were located and shall be added to and beoane and form part a� the taxes next to be assessed and levied up�n such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the sane offioer and in the s�ar�e n�rv�er as taxes. lOS.Od. BCC •.. �- �. i�� N BY CITY 105-1 105.04. PII3ALZZFS Any violation of this Chapter is a misd�neanor and is subject to all penalties provided for such violations under the provisions of �apter 901 of this Code. Each day that the violation exists or continues to exist shall be dee�ed a separate offe�se. 6DD ios.oa. • � � ��. ;� 105-2 � MEMO T0: Planning Commission City Council MEMO FROM: Philip Dommer, Planning Assistant �`-� MEMO DATE: April 18, 1985 MEMO N0: 85-28 RE: Consideration of Approval of Sign Plan for 7570 Highway #65 N.E. In accordance with Chapter 214 of the Fridley City Code, a comprehensive sign plan has been submitted for the property located at 7570 Highway #65 N. E. Your consideration for approval is requested. The Administrative Staff has reviewed the plan and has provided the followinq inf ormation: 1. Signage permitted under this sign plan meets all City specifications. 2. The site has several automobile repair garages opera tinq without a Special Use Permit. A Special Use Permit is to be applied for prior to June l, 1985. Roger Larson, the owner of the site, has been in to discuss this. Landscaping and the sanitary sewer are to be issues at that time. 3. Temporary sign permits have been issued for the site. PSD/ de 6EE 61�� SIGrAGr. GUID �I.Ir^...S 1. Each Tenant in the front building Kill have one sign xhich xi:'�'be four (4) feet �� h� by eight (8) feet in length. � �� Signs xill be of panel construction with ir.terior lighting. 3. Each sign rrill be placed on the building in the approximate locatior. as shoxr in the attached draxing.. 4. Signs xill not extend belox the mansaxd or above the roof. j. Signs shall not extend xithin one (1� foot of the individual ienar,ts space bour.daxies� except that the Tenants of rear building may place sigr. or. the northeast portion of front building( as indicated in drawir.�) directin� people to their respective business. :'hese sigr_s must be four (4� feet high and not more than six (6� feet in len�th. 6. Tenants in rear huildin� must follox the abo�e criteria� with the exception that their si�ns may vary in size. Sigr.s may be no less thar. three (�� feet in hei�ht� and no more than four (4� feet ir height with total square footage of not more thar_ forty (40) square feet. ?. Color choices for signs may be selected by individual tenartts. �. �xisting tenat�ts are responsible for the removabie of si�r.s if ar.d wher. they vacate premises. 9. P:ew tenant must apply to City of ;`ridley for sign germit. 10.I�eW tenant must erect sign in accordance Kith sign plan and City codes. 11.A11 signs shall be secured to building with anchors ard lag bolts. ,, `3.�,�o single letter or logo may be over 36• in height. If double line ir. used .j �� ' �cLrtuta letter height Will be twenty (20) inches. If triple line is used the maximum letter height shall not exceed txelve inches (12). � �,� epv sz�r� aP�av�.ts 1. Tena,nts shall sub�it three (3) sets of draxings for all its;pr�tpgsed sign work .� 'Lo Qak-Mak, Inc.. Zhe drawings shall clearly sho� location of �igTt=,;�in t�ia elevatior. �; a��graphics layout. .`� Z:.�::he Landlord shall return one (1� set of drawings xithir. five (5� days to the Tenant. :he drawings will either be m�.rked "rlpproved", " Approved based on Landlord's modifications", or "Disapproved". Sigr draxings that have beer. "Approved based on La.ndlord's modifications•' are to be returned to tne l,andlord bearir.�; 18?'.2P1t�S approval, or are to be redesi�ned and resubmitted for the i�a.r.dlords a�proval xithir. seven (�� cays of receipt by Ter.ant. Si�r. drawir.gs that have been disapproved a.re to be redesi�ned and resu�nitted to the Landlord for approval also withir. seven (7� days of receipt by Ter:�ant. . ..� �: �'� ;: �� i : ,�. ;., - ' � � "� �� - � - �. �1 i , �- �, 3 �'-.,-� , � � . - - � ', , . _ � � , t � � �� ; --,..; � _ �- . } . � �i 6MM .,. _.' 1' � �y i l. � i _. I i ________� ;� � � �; ti { l � i � �� --� . � � j � __1 1 ' i_ `_. _�, eu � 6JJ oRnixaac$ Ho. AN ORDINANCE RECODIFYIIVG TIiE FRIDLEY CITY CODE BY AI�NDING CHAPTEA 21�i EIITITLED "SIGNS", SECTIONS 214.02. 214.1�1� 214.17 AND 2t4.21 THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLO�WS: 214.02. DEFINITIOHS � - � •• . � . �� - - • :• •� � -� • � • - .�- -. � . - •� • -• � • - a - � • / { - • - _ � � � • - - _ - � • � • � • u � . . � .� " / �• 1 1 V :1 I ! �• -�' I 1 f- -�•�• �� -� - • u • - • ► �' ./ f • • � • n - - } ` - • - � - � - • � � _ � - _ � • • • 1 r _ � - t _ � - � ' � ' • ' ' � • � • � • u � ' _ ' � - 1 • ' � - � ' � • 1 - • � ' � � � 214.17. EXISTZNG SIGNS 2. Legal Nonconforming Signs. //B. A sign shall immeaiately lose its "legal nonconforming" designation if : (1) The sign is altered in any Way �+hich makes the sign less in com�liance r+ith the requir�ents of this Chapter than it vas before the alteraticns except for routine mair.tenance and change of inessages. (2) The sign is relocated. (3) The sign is replaced. (�� The sign beco�es dilapidated or damaged and the coat of brir.ging it into compliance is more than 50 percent (50j) of the value of said sign, at Which time all of the sign and its structure must be re�oved.1/ • � � � . u u ' • • � _ � • � • � • u � ' • ' ' � - • / . � • •' ' � ' • _ � � � � � � • r�� ' ' - � � - - . � ' • � - 1 - � � n _ ' ' • ' ' • 1 1 • u • _ � � 1 ' ' • ' u ' � ' • ! ' � - � ' + - � • ' • , _ - � � ' � • • 1 ' u _ � ' I - 1 � y� ' ' • � • 1 ' - ' • � ' ; � ' ' � _ • • ' u � � ' ' • y�- - • �- •� -• _ -• • -n�•- -• y. - • � •- •��- • _ . . _ -. . • _ �� _ _ - • _ �. t - . - • • � • � • � • • u • _ 1 ' n • � - 1 1 • - - � • � - - • • ' 1 � � u ' • 1 ' � � - � � - ' u ' • ' u • ' • ` � � - _ � • � � - • � , _ _ • � c • • - • • � 1 - 1 - / ' " • 1 ' �_u- • �- • ' /- �- 1' � �� - -• •� 1 '• Page 2 -- Ordinance No. � • � • � • u � � ' ' 1 ' ' • • � • ' � • � 1 ' • • � • � - � - � � � • � • u ! - ' • � • ' • � • • ' 1 - • � - • � ' • 1 � . - � 1 • _ • ' n - • � ' - • � � • � ' • � - • • � • � � �YT�iiT��.� � - � � • - � - - � • - � • � • � • u � • • � _ � - • � • - - ' • n n - - _ • • _ r - - • - u ' 1 • � � - • - � • • ' • 1 • ' n • � ' ' � ' ' � • � • � • u � • - • 1 - � • , • • _ r ' _ • • • _ � - • - u � . - � - ' � • � • � • u � • _ � - _ � - � • • • � • ' u • ' • � - � ' - • � • � ' �� - 1 / ' " 1 � ' • � _ _ ' • 1 - � . 1 � u _ , � ' • � ' ' � • u � - � ' � •' "� "��" � • � ' � _ � ' � - � •' • �' ' • � ' ' " • • • � ' n _ ♦ ' � _ � ' � ' • � • 1 ' � ' • � ' • � ' • - • • ' u � • ' ' • � ' ' • � ' ' 1 _ ' • ' • • ' u � • ' ' • 1 � ' • � • � • u - • _ • • . ' • • • _ n . ' • _ � • � ' • • • � � • � • � • • u • _ � - u • - � - � 1 � • - - � • � ' • - � • • . • � u ' • � ' ' � - � • _ ' • ' _ u • ' • � • � ' _ � • � ' • � � _ • � _ • • • • � � ' � - � ' • • ' � - �� - • � ' • � ' ' • ' � ' ! • ' • • � • • � � u ' � ' • , � ' • • ' � � - � ' ' u • � � ' • • • � _ • , • " n _ � • • � ' ' ' • . � � ' ' _ • ' u ' � • 1 � - • ' • • • � - � - • - � � ' • � ' ' 1 . � � • • ' � • u ' ' ' • ' u ' � • � 1 _ • ' PA�SED AhD ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1985 WILLIAM J. NEE - N.AYQR � ATT'EST: SIDNEY C. INMAN - CITY CLERK First Reading: Second Reading: Fublication: 6KK 6LL PROPOSID ORDIIVANCE R�CIJDIFYING 7IiE ERIII,EY CITY ��E BY ADOPTING A NFW C�IAPTF:R 208 £NTI�,ID SATFI�LITE DISH ANTFNNA Rf�UTATIONS 208.01 PURF�C)uE The purpose of this Chapter is to protect and pramote the public health, safety and general welfare of the City of Fridley through the establishment of a comprehensive and impartial set of regulations gaverning the erection and location of satellite dish antennas upon public or private properties. These regulataions are intended to prwide an opport�mity for effective satellite sic�r►al reoeption, allow a reasonable amotmt of choice, and promote a concern for the visual amenities on those people designing, erecting or utilizing the satellite dish antennas while at the same time assuring that the public health, safety and general welfare of the City is preserved. 208.02 Pf:FtMIT RDQUZRID 1. Satellite Dish Antenna Aermit A. Before any satellite dish antenna may be erected in the City, the satellite dish antenna erector shall file an application with the City for permission to erect such an antenna. B. A perjnit is required for all ne�w, relocated, modified, or redesigned antennas. C. Zhe issuanoe of a permit may also be subject to additional conditions in order to pranote oonformity with the character and uses of adjoining prooperties. 2. Permit Application A. Application for a satellite d�.sh antenna permit shall be made to the Ci ty on f orms suppl ied b� the Ci ty . b. If a satellite dish antenna has not been ezected within 90 days after the issuanoe of a permit, the permit shall became null and void unless an extension is granted by the City. C. Z�e City May require other information as necessary to insure that the satellite dish antenna is erected in oomplianoe with this Chapter . 2Q8.03 DISZRICT R,Q�UIRII�]'!'S 1. ��fe �an o� dish antenna per site is permitted in all zoning districts. 2. Dish antennas havincJ a��tiandoits�mounting structure doesr ot mounted provided the ante rticular �strict. exceed the hei�t requirenents for that pa 3. 4. ��It ��, antenna, tower, lines, cable, equipment, wires or braoes shall extend at any time across any right-of-way, public street, hic�wa�y► sidewalk, bikeway or praperty lirie. No e�cterior dish antenna h a�gzorung��strict unlessf iticomplies inches shall be a1.laJed in nY with the following requirments: A. B. C. D. E. F. Dish antennas shall not be located on the roof of ar�y structure. Gramd mo�ted dish antennas shall on1Y b� 1oca�ted in the rear yard and shall not be located within t=�=1lotf line f any si3e lot line and ten (10) feet of anY Ground mounted dish antennas shall n°t be located within ten (10? feet of any principle structure• Ground mounted dish antennas shall be located r nciple twenty-five (25) feet fran any neighboring p cesic3ential structure. No part of any ground mounted dish antenna oI its mounting structure may exceed 15 feet in heic�t above grade. All ground mounted dish antennas and their mounting structures shall be screene� f r�an the right-of-waY and adjacent public and private propPrties. Scceening techniques shall be such that scre�nin9 is effective throughout all seasons of the yeat. 6MM 6NN 5 . Appeal s Zb provide for a reasonable interpretation of the pravisions of this Chapter, a permit applicant who wishes to appeal an interpretation by the City may file a variance application and request a hearing before the Appeals Commission. Zt�e Commission shall hear requ�sts for varianoes and make their reoammendation to the City Council in the following cases: 1. Appeals where it is alleged that there is an error in any order, requirenent, decision or determination made by the City in the enforc�nent of this (�apter. 2. Requests for variances fram the literal pravisions of this Ct�apter in instanoes where the strict enforcement would cause an u�c�ue hardship. Before the Carmission shall grant a variance, it is the responsibility of the applicant to prwe: A. ZY�at there are exceptional or extraordinary circumstances applicable to the property or the intended use that do not apply generally to other property in the same vicinity and district. B. 7l�at the varianoe is neoessary for the preservation and enjvyment of a substantial property right possessed by other property in the s�ne vicinity C. �at the strict appl ication of the C7�apter would constitute an unneccessary hardship. D. Zhat the granting of the varianoe would not be materially detrimental to the public health, safety or general welfare or detrimental to the property in the vicinity or district in which the property is located. 208.04 PflVALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties prwided for sud� violations �mder the prwision of Chapter 901 of the Fridley City Code. 3/5/19/20 ,��;.. �� ; � ��;'•1� AN OF�INANCE RD�DIFYING '�E FRIIY,EY CI'I'Y �DE BY ANF�IDII� Q3APTER 113 IIVTITLID "REF[7SE DISPOSAL" BY RET]AFlING IT "SCGID WASTE DISPO►�'aAL AAID RDCYQ�II� �,I,DCT�1"p BY ADDII�S SECI'IONS 113.08 AND 113.10 AND BY AMENDING SECTIONS I23.Q1, 113.02, 113.04, 113.05, 113.06, 113.07, 113.09, 113.11, I13.12 At�ID 113.13 113.01. DiEF'INI'i'�ON.S �he following c3ef initions shall apply in the interpretation and enforcement of this Chapter and the follawing words and terms wherever they occur in this C�apter are clef ined as fallows: 1. Appraved. A�cepted by the City follvwing its determination as to compliance with established public health practioes and stanaards. 2. Oocrunercial Estahl ishment. P,r�y prenises where a aanIInercial or industrial enterprise of ariy kind is carried on ano shall include, but is not limited to, clubs, churches and estahli�ents of nonprofit organizations where fooa is prepared or seLVed or goods are sold. �., - • � • ; -�. . - •-.� •�. - �. . . � - ��-� •..- �rery acc�unulation of animal, vegetables or other matter that attenas the pre��aration, oonsur.�,kion, display. dealing in or storage of ineat, fish, fawl, birds, fruit and veqetables, including the wrappers wasted along with such materials. .,. - A site for di�osal of solid w�ste aoproved by the Citv. otierated or �onducted �n accordance wit the r�1e5 and rea�ations..Qf t �,l �tion Control Aaency as adQyted in accordance with Minne�ota Statute�, Section 116 .�,,� amended. /J4.// �,. Person. Any person, fiun, partnership, association, o�rporation, oompany or organi.zation o�f any kind. //5.// � Private Garbaqe and //R�Euse// Solid Waste Oollectors. Any person who offers to or engages in the aollection of garbage or // ref use// s�lid wast� f ran any house, ap3 rtment, publ ic or pr ivate institution, or oommerical establisiunent within the City of Fridley. 600 D�FINIT � 6PP :.�h . . - v _ - �•. • • -� �=,. . � . - .__.- . ._ -. ._.- . �u � n� =�. -�.. � . � .� .. - . _ •. .. - - . �. -• •,a- u. - u .. --. ..� . �- .�. �- �- _ //6 •// 3s. R�ef use. All solid waste products or those having the character of solids rather than liquids in that they will not flow readily without additional liquid and which are c�omposed wholly or partly of such materials as garbage, swill sweeping, cleanings, trash, rubbish, litter, industrial solid waste or domestic solid wastes; organic w�stes or residue of animal.s sold as meat; fruit or other vegetable or animal matter from the kitchen, dining roan, market, or food establishment of any places dealing in or handling meat, fawl, grain, or vegetables; offal, animal excreta, or the carcass of arimals; trees or shrub trinmings, grass clippings, brick, plaster or other waste matter resulting fran the c�analition, alteration or construction of buildings or structures; accwnulated waste materials, //cans, containers,// tires, junk; or other such substances which may be�ne a nuisanoe. � ;- .-.� .._- - : 1 - • . � • • - � - • � • - • • • � _ � • � . • � ' �1. ". • ! • - �� It � • - �.!'ll: � •• Wooc3, leaves, trimmings f ran shrubs, dead trees or brar_ches thereof, shavings, sawdust, excelsior, wooden ware, printed material, //paper, paper boarc�// paste board, grass, rags, straw, boots, shoes, i+.ats and all other ocx�ibustibles not incl uded under the term garbage. 12. Solid Waste_ Garbagef�clable material5, refuse�, rubbish, siaill� waste matter �nn other discards which are nonhazardous waste. //8 •// ].�,. 9wi11. �hat particu�ar garbage which is wholly or nearly edible and useable as a f ooa and has f ooci val ue f or animals or fvwl, accunul ati ng f rom animal, vegetable or other matter wasted f rom clubs, hotels hospitals, restaurants and public eating places. //9.// 14,. Waste r;atter. Natter vonposen of scil, earth, sand, clay, gravel, loam, stone, brick, glaster, crockery, //glass, glassware,// ashes, cinders, shells //meta�// and all other noncoinbustible material which has been or is to be discarded. � • a� ti ��1 n,!:'yY �• w i �- • a• �• �� The occupant of any private dwelling, the keeper or manager of any hatel, motel restaurant, eatir.g house, or boarding house or any buildirig where meals are served, the c�wner o� any flat or apartrnent house, trailer camp or auto court, and any other person having //refuse// s5�1i$, waste as herein def ir�ed, shall pravide and keep on such prenises s�ficient �ntainers for the storage of all refuse acc�.mulated on the prenises between disposal or collection. Each such oontair�er shall be durable, watertight, shall have a tight fitting lid, shall be impervious to inspects, rodents, vermin and absorbtion of moisture //shall be fireproof, such as galvanized metal aontainersj/ and shall not exceed 32 gallons in size unless appraved b,� the City of FricIley. All //refuse// �olid waste on any Frer�ises shall be stored in the oontair�ers requi ren herein except if the sarre may be inrneciiately oonsur.ed or disposed of on sucl: prer.ises in an incinerator af a type appraved by the City of F'ridley. 113.03. �,RCSAL �V'�IIdER�S All oonunercial, business, industrial, or other such establishments having a vol�me in excess of one (1) cubic yard per week, anc3 all four (4) family and larger dwellings, shall pravide apixwed bulk or box type J/refuse// �olid waste storage oontainers or the agproved equivalent. These containers shall be so located as to be accessible to collection ec�uipnent and so as not to require an intenneciiate transfer. 113.04. S�RD WASTE aQNTAIl�RS Grass clippings, leave: and other similar //refuse// �olid waste may be plaoed in bags or bundles not exceeding three (3) feet in any dimension and not exceeding 60 pounds in weiqht and shall be securely fastened to avoi6 spillage. //Household apgliances and furniture fallir.g within the ciefinition of refuse need not be so packaged.// 113.05. 0►�IIIZ OC�PI'AtNE�2S All other //refuse// solid waste an ar�y prenises shall be stored in the containers required by Sections 213.02, 113.03 and 113.04 hereof, exce�k as the sam.e may be vons�ned or dis�osed of on such prenises as pexmitted by saic3 sections. 113.06. //RF.'FUSE,// � DISP0.SAL Ab person shall dispose of //refuse// solid waste, as def ined in Section //113.01.6// 113.01.8, upon any lands in the Ci.ty of Fridley except on an apgrwed landf ill site; except that tree leaves and orass clippings may be stored on a person's property for tihe purpose cf rec.ycling oraanic materials as a soil conaitioner. This should be acaomplished so as not to create a health hazard or a nuisance to anjoining properties. //An approved lar.df a.11 site is a site for disp�sal of //refuse// rsolid waste appcc�ved by the City, operated or ' J� 1 `I ,�� r .l. �4 s•. w � �+• � �• �• a� �, � • � . •• Y• 1 �• �• . ��,��i �+• • � �• •� �� r a�• .� -• n ,r: yw � �• • 6QQ conducted in acoordance with the rules and regulations of the fbll�.�tion Cor�trol Agency as adopted in accordance with Minnesota Statutes, Section 116, as aunenoed./j 113.07. //REEUSF,// 90�ID i�1SPE Q'�,LDL�DaT //The oontents of the oontainersj/ ��lid waste. other than t�se ite�s collected accordinq to Section 113 .08 hereof . shall be wllected at least once every w�eelc, or more frequently if rncessary, by a oollector lioensed here�mder. Zhe o�llector shall transfer the contents of the a�ntairers to a collection vehicle without spilling them. If any spillir,g occurs, the oollector shall clean it up a�npletely. Upon such collection, the containers shall be oangletely et�ptied and the lids of the containers shall be replaaed. 1 : ; ?y M ��, ��1 ayy r, �.��1 . • - 11' ' � c �� ►• � =�� ' " • � �- - �I! � 1 • ��' • • '� -• �' �•- �- • - • �� Ca�l . • q � - • , h=�� • � - • • - • '. • • • � - � ✓. =�� _� • �- y • � - y�- ' q. - �� -� •- .� �• �� • �' r• :� • • - ,�- - �- .� •- • • ' '• • •' 11� • - •- '1R �� • •: �� • �: �• • w r .a, �� .i: 'Yy •r v � a+• I. E�ccept for �urposes of mllection, all //refuse// solid waste must be placed in the rear o� the prenises� or it may be placed in the side yara settack if screened so as to be out af view f ron the street, or in a garage located on the premises. //2. 7l�e follvwing special o�nditions may be used to make refuse oollection more oonvenient; A. Ref use, except that which is stored in a container, as defiryed in Section 113.02 anc3 113.03 af this Chapter, may be placed adjacent to the curb or elsewhere on the person's property. B. Refuse stored in v�nta.iners as mentioned in Section A above, may be pI aoed inn�eaiately adj aoent to the f ront of the dw el l ing unit, but no further than three (3) feet fran the building.// 2. For collectio�gro�rly contained solid �aaste may be � aced as,'jacent to the c�rb or ��,edi�t�ly��7acent to the front of the s�,�ellino unit, no further than three .(.�2 feet from the buildina. 3. Except for convenience of collection, no containers or //refuse// $olid caaste will be allvwed in the front yard for more than twenty-four {24) hours. � a ��. R: :��l �:= v; y�+� •�- ►_�� 1�� y -• - ��. - �. �- � .�z� _• -� • �- • •� 1- �- •� � •�A •� �- •. • �� • -• �• � •1 1.� �� - �� - •. -• � �- •� • • 11� ' _�-• '. ".� y • 1� • �+ -� -�, u .4 '�� : aN I� : �.�! M ��. � i, D.W Y �_ � I • . w� • .� �� ./; �� •• v � �• a ��. • _ : �.M « v:,4 � : 6RR 0 //113.09.// 1��11.. D�F.FECTIVE sc�T.r�t WASI'E ��I�IldER.S Wheryever a�lisl waste oontair�er is in p�or repair, is corroded or otherwise defective so as to pezmit insects, vermin or rodents to enter, or aoes not meet any cther rec,ui rer,er.ts of this C�apter, the oollector shall notify the owr�er per�nally or by af f i.xing a vop�r a� a notice to the aontair�er. 731e notice shall state the aef iciency and shall require repair or replacement prior to the next collection. If the deficiency has not been oorrected, the o�llector shall notify the Ci.ty. �e City shall then inspect said container and if foi.u�d def icient, v�ndenn same and or3er its ranwal. //�.13.10.// 1�.12. Rnc�czuac � sor.,in wasz� //�vs�// s�wL�s� RF�LJIATmN 1. License P.equi rer,ent. No person shall engage in hauling or conveying //refuse// �1yt� waste or recyclable material fran any prenises, other than their own danicile, in the City unless that person holds a valid license here�mder. Ear.h such ve�icle so used must be lioensed. 2. Lioense Prooedure. A. �e prwisions of the Lioense and Permit Chapter, �apter 11 of this Code, including the license fee shall apgly to all lioenses rea,uired by this Chapter and to the holders of such license. Zhe term of each lioense here�mder shall be frcm May 1 through April 30 f�r Solid Wast�e Haulers ano fro�: June 1 throuah �y 31 for Recvclina Haulers. B. �he application for license or renewal of license shall contain a description of the types ano makes of the motor v�icles used for vollection, a schedule af serviaes to be made to the custaners, the frequency of service to be rendered and full ir�fozmation as to where and haw the material c�llected will be disposeo of ano any other information the City of Fridley shall rev,uire. Applicants for licenses, after July 10, 1975, desirir_g to pravide routine weekly collection and renoval of //refuse// solid waste from residences shall provide, as required under this Chapter, complete collection of all //refuse// �olid w�ste which normGlly results fLOm day to day use of this type of property except furnishings, agpliances, builcling or oonstruction wastes ar�d similar bulky wastes for wr.ich individuals must make special arranc�enents. 73�e City may require vehicle inspection befoze processing the license appl ication. C. Applications for lioense heretmder shall be sutmitted to the (�ty for review and reoonunendation. �f the ��mcil is satisf ied that the public neen, o�rn�enienoe, and good oraer will be served thereby, it may grant a license to any such application meeting the requirenents of this Chapter. . �+ .�� ,�• y� •• v � �• : a.M � i�. : �,� • a� -� `� 1� �f: �14 �+• • a �• 688 6TT 3. License Qassification. Apglicants for Iioenses issued hereunder shall be issued for the fallvwing classes of operations: C1ass I- Residenti�.l Refuse (k�llection Vehicle Qass II -�runerical anci Bu�ir�ess Refuse �llc-ction Vehicle Qass III - Residential and Carar�erical Refuse �llection Vehicle Qass IV - Rubbish ana Waste Natter Qollection Vehicle Class V- Renc7ering CAllection Vehicle Class VI - Rec.-vclina Co] lection Vehicl� 4. Insurance. _• • �_ - ,._ - ApF.l.icants for licenses or r�wals of licenses shall file with each application a oop� of an insuranae policy or policies and an enciorcPSnent, under wi:ich there is o�verage as to each vehicle 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 loss or damage to property in the anount of $50,000. E�ery such policy shall provide that it shall not be cancelled or terminated for any reason witl�out at Ieast ten (10) days written notice t.herecf first being given to the City. B. Rec.�vclina auler. p�jjcants for licenses or renewals of licenses shaLl be insures3 as defined by the �ontract with the Citv_ 5. Hours. No person engaged in hauling //refuse// solid w�ste, garbage //for hire,// or recvclable saterial fran residential areas within the Gity of F'ricitey shall do so before 6:30 A. M. or af ter 8: 30 P. M. on any day. F1�thermore, hauling fran oonunercial, business, inaustrial, or other such establishments shall not reasonably interfere witti, or create a nuisanoe for, adjaoent resiciential areas. There shall be no recyclina. garbage or //refuse// solid waste pick-up f rom residential proFerties on Sunday. 6. Vehicles. A. Each vehicle for which a lioense is apptied for or which is lioensed shall be subject to inspection by the City of Fridley at the annual re�ewal date and at a11 reasonable times. Any such vehicle, while it is used by the Z icensee in the City of Fridley, shall have the name of the licensee clearly prir.ted on both sides. Said lettering shall be at least tbree (3) inches in heic,ht ar.a the oolor of the lettering and of the background shall be oontrasting. B. Each licensed solid waste vehicle shall have attached a decal to be issued by the City shawing the current reqistration. 7he decal stlat� be affixed to the autsic3e of that p�rtion of the truck body used to hoZd garbage or //refuse// solid waste. Qld, expired or othezwise invalid decalaomania shall be ranoved from the vehicle. C. Zhe body of every solid waste vehicle licensed hereunder shall be constrLCted entirely of inetal or the sgace in the v�icle in which //refuse%/ �lid �aaste shall be kept shall be aomgletely liryed with metal. All joints shall be effectively closed so that no drippinq or leaking or drain off af water, liquic� or any substances can occur. 7be laading sgaoe shall be prwided with a heavy tarpaulin or equivalent oaver fitted with eyes, grrnmets, tie ropes, or hooks so that the cover can be securely wer the loaded /Jrefuse// solid waste. Etrery vehicle used for oollection of garbage or swill shall have a permanent metal caver. Et�ery vehicle shall be equipped with the rnoessary hand tools for cleaning up spills. D. Every vehicle 1 icensed hereunder shall be kept well painted, clean an� in good r�.sir. Every such �olid waste vehicle used for c�ollecting garbage or swill shall be cleaned every week, or more often if neaessary, to prevent persistent odors and shall be cleaned before being used for ar.y other purgoses. E. $�y�� garbage, //re�fuse// solid waste, rubbish, or other wa�te 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 paper, trash, and similar materials shall be so secured that they carmot be disglac:ed by the wind or fall out of the v�icle. �ntainers used to carry //refuse// solid waste in or on any vehicle shall comply with the requi renents of Section 113.02 hereim3er. F. No person shall at any time park or store any recvcling. or //refuse// solid waste �llection vehicle on any prenises zoned for use as a single or multigle resider►oe dwelling, within one h�circ.d (100) feet of any aforerentionea prer�ises, or within two hundred (200) feet of any foo6 establistunent, for purpose otl�er than, or for perioc�s inconsistent with, providing recyelina or //refuse// �olid waste oollection at said prenises. No person shall at arry time park or store any loaded or partially loaded �cling or /jrefuse/j solid caa�te collection vehicle on any grenises within the City, except for the purpose of and for Feriocis oonsistent with, praviding �clina or //refuse// �1� �aste �llection at that paroel of property. 7. Cancellation of S�lid waste Sexvive. 7.he oollector shall canael service to any permises when the only vontainer or oontair�ers thereon have been oonciet,ryed, and may cancel service when the party chargeable for the vollection servioe is two (2) months or more averdue in payir.g for such service. When any oollector cancels sezvioe to ar�y prenises, written notice thereof st�all be served upon or mailed to the occupant, manager, or �wr�er o� the prenises and a oog� of the notioe shall be mailed to the City. l/�13 ,11.// 113�13� �� oF 1/�s�✓/ s�m �r,sz� �ca[,tru��t Any acctanulation of %/refuse// solid waste on any prenises not stored in containers which comply with this Chapter, or any accunulation af %/refuse// Solid waste on any prenises is hereby s �� . - • ,� -, �• �� /: y4 • •• c• 6U�J 6VV declared to be a nuisance and shall be abated by orc3er o� the City, as pravided by Minnesota Statutes, Sections 145.22 and 145.23, and the cast of abatement may be assessed on the property where the nuisanoe was famd, as pravic3ed in said sections. //113.12.// �a� LIZTE�2 LI'I'PF�t N,ir,resota Statutes, :ection 609.68 are here3�y adopted by reference and shall be full foroe ann effec,t in Gity of Friclley as if set out here in f ull. //113.13.// �3 • 15. FEFS F'� �he license fee and expiration date shall be prwided in Chapter 11 of Fridley (�ty Qode. //113 .14 .// � 7 ��- 7 � -. P�LTIES PflV1�LTIE.S Any vic�lation of this Qiapter is a misaemeanor and subj ect to all penalties provided for such violation under the provisions of Chapter 901 of this Gode. � � CITYOf f RJ DL.E.Y O�TE Apri 1 15, 1985 tus�fCT Blue Bell ( Use a Bell � Fridley p�AECTOaATE OF PUBLIC WORKS MEMORANOUM Ice Cream, Inc. Request to on fiheir Vending Truck in John Flora TO 6WW �C.TION� INFp. X �.i--- Blue Bell Ice Cream, Inc. has requested that the City of Fridley amend Chapter 124, Noise, Section 124.07, Subd. 4 to allow the use of a hand operated bell to attract customers to their vehicles. Blue Bell has operated in Fridley for the past two years and claims that the bell is necessary for them to announce their arrival to customers. They are also operating in Richfieldand St. Louis Park where these comnunities have amended their ordinances to allow the use of the bell. . Mr. Glenn Baron of Blue Bell Ice Cream, Inc. met with the Comnunity Development Com- mission on April 9, 1985 and discussed the Blue Bell operation with the Commission. The Commission recommended the amendment �f our Noise Ordinance to allow the use of a manually operated bell with the stipulations th�t Blue Bell or any other vender review their routes with the City so that major thoroughfares with heavy traffic are avoided for safety reasons and that Blue Beil or any other vender refrain from selling in the City parks where they would compete with�City concession stands. The recommendation of the Community Development Commission would normally be received by the Planning Commission and then by the City Council. However, the Planning Commission meeting of April 17th has been canceled and they will not meet again until May 8th which would result in the Council not receiving this item until May 20, 1985. In order to allow a more timely resolution of this matter would you please request the City Council to review the Blue Bell Ice Cream, Inc. request at their meeting on April 15th. MB/de Attachment: Community Development Minutes of April 9, 1985 6XX CITY OF FRIDLEY COMMUNITY DEVELOPMENT CONMISSION MEETING APRIL 9, 1985 CALL TO ORDER: Chairperson Oquist called the April 9, 1985, Community Development Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present: Members Absent: Others Present: LeRoy Oquist, A1 Gabel, Gene Rezac, Louis Schmidt, Ken Vos None Glenn Baron, Blue Bell Ice Cream, Inc. Mark Burch, Asst. Public Works Director APPROVAL OF JANUARY 8, 1985, COMMUNITY DEVELOPMENT COMMISSION MINUTES: MOTION SY MR. GABEL, SECONDED 8Y DR. VOS, TO APPROVE THE JANUARY 8, 1985, COMMUNITY DEVELOPMENT COt�11SSI0N MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OQUIST DECLAREO THE MOTION CARRIED UNANIMOUSLY. 1. DISCUSSION OF BLUE BELL ICE CREAM REQUEST Mr. Glenn Baron, President of Blue Bell Ice Cream, Inc., attended the meeting to discuss the noise ordinance in Fridley. Blue Bell Ice Cream `rucks have operated in the City of Fridley for two years without know- ledge of the ordinance. Mr. Baron was informed by a police officer that the ordinance is generally ignored. Mr. Baron indicated that he would like to see the ordinance amended to allow vendors call attention to themselves. The Blue Bell Ice Cream company operates in surrounding co'mmunities, and the Cities of Richfield and St. Louis Park have amended their ordinances to allow the use of a manually operated bell to let residents know that they are in their neighborhoods. These cities have also stated that ti�e operation is concerned about safety. The Committee discussed with Mr. Baron the hours of operation� potential safety hazards, restrictions on areas in which vendors may sell, and the possibility of a variance or special use permit to allow vendors to continue to sell until the ordinance receives final approval by the City Council. MOTION BY DR. VOS, SECONDED BY LOUIS SCHMiDT, THAT THE COMMISSION RECOMMENO THE AMENDMENT OF CHAPTER 124, NOISE, SECTIO�� 124.07, SUBD. 4. "NO PERSONS SHALL OPERATE OR PERt�IIT THE USE 4R OPERATION OF ANY LOUDSPEAKER, SOUND AMPLIFIER, OR OTHER DEVICE FOR THE PROOUCTION OR REPROOUCTION OF SOUND ON A STREET OR OTHER PUBLIC PLACE FOR THE PURPOSE OF COMMERCIAL ADVERTISING OR ATTRACTING THE ATTENTION OF THE PUBLIC TO ANY C0�9MERCIAL ESTABLISHMENT OR VEHICLE" AND CHAPTER 14, PEDDLERS, SECTION 14.09, "LOUO NOISES AND SPEAKING DEVICES. NO PERMI7TEE, NOR ANY PERSON IN HIS OR HER BEHALF, SHALL SHOUT, CRY OUT, BLOW A H(;RN, RING A BELL, OR USE ANY SOUNO AMPLIFYING DEVICE" 6YY COMMUNITY DEVELOPMENT COMMISSION MEETIN6, APRIL 9, 1985 PAGE 2 TO REFLECT THE FOLLOWING: "EXCEPTION FOR FOOD/BEVERAGE VENICLES. NOTWITH- STANDING ANY OTHER PROVISION TO THE CONTRARY, FOOD/BEVERA6E VEHICLES MAY SOUND A MANUALLY OPERATED BELL BETWEEN NOQN ANQ SUNSET DAILY WHICN PRODUCES A NOISE LEVEL MEASURED AT A DISTANCE OF 50 FEET FROM THE SOURCE 1� GREATER THAN THE FOLLOWING: RESIDENTIAL/BUSINESS/INDUSTRIAL ZONING DIS7RICTS 65 OECIBELS WITH TNE FOLLOWING RESTRICTIONS: A) VENDOR WILL NOT SELL ON MAJOR THOROUGH- FARES AS E'ISCUSSED WITN STAFF; AND 8) VENDOR WILL NOT COMPETE WITH CONCESSIONS IN CITY PARKS. UPON VOiCE VOTE, ALL VOTING AYE, CHAIRPERSON OQUIST DECLARED THE MOTION CARRIEO UNANIMOUSLY. MOTION BY DR. VOS, SECONDED BY GENE REZAC, THAT THE COMMISSION RECOMf4EN0 TO TNE CITY COUNCIL TO TAKE INTO CONSIDERATION GRANTING AN EXCEPTIOP� TO THE �\,�_' CURRENT ORDINANCE SO THAT BLUE BELL ICE CREAM, INC., CAN OPERATE OURING THE CURRENT SEASON UNTIL THE ORDINANCE IS CHANGED. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UWANIMOUSLY. Chairperson Oquist then informed Mr. Baron that this recommendation would next go to the Planning Comnission and be discussed at their April 17th meeting. Mr. Burch agreed to contact Mr. Baron to let him know what action is t�ken at the Planning Cortmission meeting. 2. DEVELOP WORKPLAN FOR 1985 Chairperson Oquist indicated that he would like the City Council to state the role of the commission. The commission also needs to look at where they are going and what the commission does. He also requested a review of the sign urdinance due to the frequent requests for variance. This topic would aTso include the Chamber of Comrnerce. Dr. Vos stated there should be more focus put on getting involved with the Chamber of Commerce. He also indicated that some of the items on the workplan needed to be done on an annual basis. Chairperson Oquist requested that the Workplan be continued to the next meeting, and requested Mr. Burch to be sure that all commission members had a copy of the 1984 Workplan to review prior to the next meeting. 3. DISCUSSION OF POSSIBILITY OF CITY PROMOTED ARBOR DAY ACTIVITIES FOR 1985 Mr. Burch suggested looking into promoting Arbor Day when trees are planted in the community. He indicated that this could become an annual event. Dr. Vos felt it was a good idea. The cost to the City would be nominal and a project could be promoted through volunteer, youth or other organizations. The comnission felt this would be worth pursuing. 6ZZ I�ND �: John Flora, Public Works Director t� F3�OM: Uarrel Clark, Ct�ief Building Official I� �►TE: May 14, 1985 RF�ARDIl�G: Maxinwn Size of Garages in R-1 Districts �e Board of Appeals reoently maved to apprwe the oonstructio� of a 1,000 square foot garage at 6040 - 4th Street N.E. �e variance request was neoessary because the petitioner only has a 720 square foot house. Tt�e Code section that governs this situa tion is 205.07.B4.a. 2iiis was an addition to the newest edition of the Zoning Code; prior to the revision there was no maxim�an size for a garage. Zhe Board felt that because family size (nunber af people per faQnily) is dawn and the fact that people are now purchasing more recreational equipment, boats, snoMmabiles, campers, etc., larger garages are becoming more cammon. Therefore, they felt the Council may wish to just restrict the size of a garage to 1,000 square feet and not restrict it to the size of the house. DGC/mh 6AAA APPEALS C(1MMISSION MEETING� APRIL 23,�1985 �' �� "�� PA�E 4 M Gabel stated she, too. was not very clear on the fiardship. 5fie suspected the ardship initial)y was that the petitioner needed a�arage; however, the place ent of the garage was somewhat in question. She did not have a specific probl with the garage being lined up M►itfi tf�e fiouse as it might be desirable in terrns of the neighborhood, and sFie certainly thought the boulevard was big enough to ustain that. She could understand the need for the garaqe. Her concern was she did not think the harc�ship was clear enough for her to vote in favor of the ariance. � Mr. Barna state the Conmission has helped find hardsh�ps for many �eople over the years, and wh tfier they created the hardships or verbalized the hardships was tnmaterial. H could visualize the hardship in this case as the olacement of the bedroom windo He stated some people have not had the kind of experience th,e Appeals Conmissio has had in being able to verbalize their hardships. Mr, Betzold stated he di greed. He stated petitioners come to the hearinqs pretty regularly knowing e ctly what the circumstances are and why they wanted something. and the Commissi fias never had to stretch this far. Ms. Gabel asked Mr. Clark that f this variance was denied� could the petitioner go the full 25 ft. back without eding a variance? Mr. Clark stated that at 20 ft., th e would still be 26 ft, between the patio and the north property line, but it uld put the garage right in the middle af the back yard. Mr. Betzold stated he would still feel mo comfortable going along with the City's recommendation o� 20 ft, rather tha 17� ft. The city does want a little more distance between the street and the gar e if possible� and he did not think 20 ft. was that much more. MOTIQN BY NR. BARNA TO APPROVE THE VARIANCE REpt1�T AS REQUESTED. PlOTION DIED FOR LACK OF A SECOND. MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO APPRO THE VARIANCE REpUEST PURSUANT TO CHAPTER 205 OF TfIE FRIDLEY CITY CODE TO REDU THE�SIDF. YARD SETBACK U'� A COR4'ER LO'� FROM 25 FEET TO 20 FEET TO ALLOh' THE CONS UCTION OF A 22 FT. BY ?d FT. DETACHED GARAGE QN IAT 4� BI.00K 1, VALLEY VIEW M R, TNE SAME BEING 6B90 CXANNEL ROAD N.E. UPQN 11 VOICE VOTE, ALL VOTING 1lYE, CFIAIRPERSON GABEL DECLARED T1�iE PlOTION CARRI£D UNANI�lOUSLY. 2. YARIANCE REQUEST PURSUANT TO CHAPTER 205 OF 7HE FRIDLEY CITY CODE TO ALLON NG .. �...�.,,�� ...�r�. •v.� ...�r •• v��a.��nr�� V�• {�V�J �L /1��V �J� Y{.VM1� l� 111Y4 �n��r�� IIL � .. eques y av� . yrne, ree .E., ri ey, n. . 6BBB APPEALS CONiMI55I0N �EETIN6, APRIL 23; 1985 �� PAGE 5 MOTZON BY MR. BETZOLD, SECONDED BY 1�t. BARNA, Zb OPEN TNE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON GABEL DECLARED THE PUBLIC HEARZNG OPEN AT 7:58 P.17, Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6020 4th Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREI�IEN7: Section 205.07.1.B4.a restricts the size of an accessory building to not exceed 100°� of the first floor area of tFie dwelling unit or a maximum of 1,000 square feet. B. STATED HARDSHIP: "Room is needed and required for storage. The existing garage would be used for storage and a basic home worksf►oo or area. The new garage or proposed garage addition would be for the cars and a few specific items related to automobiles. Items to be stored include a canoe� bikes, ladders, snowmobile and trailer, snowblower, lawnmower, motorcycle, and home taols or shop items along with general items that can be stored." C. ADMINISTRATIVE STAFF REVIEW: If the Board moves to approve this request, the Staff has no suggested stipulations. Mr. Clark showed the Commissioners an aerial ohoto of the oroqerty and a Polaroid photo of the house. He stated the garage addition was to be placed in front of the existinq garage and would be attached to the house with a breezeway. Mr. Byrne stated he moved into the house in October 1984. so he has endured one winter with the snow. He stated the street level is exactly one foot higher than the existing garage so all the run-off goes into his garage. That was one hardship. The other hardship was he has many material items that need to be stored so his yard does not look like a junkyard. He wants to start making improver,tents to his property for safety and aesthetics for his family and himself and the neighborhood. He stated the existing qarage would be used for storage and the proposed garage, 18 ft. by 24 ft, would be used for two vehicles. He stated #�e was 9n the carpent�r trade and would like to use his tools to the best of his ability to improve his proeprty. There was no comnercial use or business use intended. Mr. Betzold asked Mr. Byrne why he just didn't continue to use the existing garage as a garage ard then add on to the house either to the north or to the west. Mr. Byrne stated he could add on to the house to the north, but he had no desire ��.so. He wanted to create space for storage of material items, not livable sccc APPEALS COMMISSION MEETING, APRIL 23, 1985 PACE 6 Mr. Betzold stated there was a part in the city code passed specifically to avoid what the petitioner was trying to do. He felt that bec�use of the way the lot was structured, the petitioner had ample room to do what he was trying to do without a variance. Mr. Byrne stated what he was trying tm do was tie all the buildings together. It is all laid out so that it wi11 �e aesthetically �leasing, There will be different roof lines. He was trying to create somethinq that was aesthetical7y pleasing, not only for hi�self, but alsa for the neighborhood, Mr. Barna stated he had not considered the possibility of building to the north. Why have to go to the northwest corner of the lot to dig out a snowblower or whatever when the driveway is on the northeast side? He wondered if the petitioner intended to keep the garage door in the existinq garage in order to drive vehicles through from the new structure into the existing �araqe. Mr. Byrne stated he planned on having a 6 ft, x 5 ft, service door between the two structures. Mr. Barna stated the layout of the structure did look nice. As far as the size of the building, from the front, it was not going to loak any bigger than a lot of larger homes in the area. MOTION BY MR. BETZOLD, SECONDED BY 1NR. BARNA, 20 CLOSE TXE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTINC AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC XEARING CLOSED AT 8:20 P.N. Mr. Betzold stated that since this was a new code provisian, he could see more requests coming in in the future from people wanting to build lcrger storage spaces. and the code simply does not allow it. The wisdom of the code was not the Comnission's province but finding the hardship was. Mr. Barna stated they are going to start seeing a new society of people with smaller families requirinq less living space but needinq larger storage space for recreational-type vehicles--trailers, boats, motorcycles, RV's. The code requires a garage for any new structure, but yet now they want to turn around and limit the size of the garage. Ma.ybe the City should be looking at whether the code should have been changed to just 1,000 square feet, rather than allowing something that was aesthetically designed with the house. He stated it was the Comnission's charge to see whether the code was viable in this ' particular instance, and he felt in this instance the variance should be granted and the structure should be allowed. Ms. Gabel stated she felt it was true that there are going to be smaller families and they are guing to be more recreation-oriented which means they are gotng to have a need for storage of different items. However, she did have a problem with the garage being larger than the house. If they are going to see a lot of tF�ese kinds of requests, then perhaps the Planninq Commission and Citv Council should take a look at this part af the code. 6DDD APPEALS COMMISSION MEETINGi APRIL 23, 1985 PAGE 7 Mr. Clark stated that if indeed the petitioner needs more storage saace, to meet code he can only add about 10 ft. onto the existing garage, which would probably not look too good to people driving by, and it would not qive him room for a breezeway. Ne stated this was a smaller home, built in 1956, and most new homes are built much larger than this. H�e stated he has not gotten a permit for a house to be built less �han 1,0� sq. ft. for the last five years. He did not k�ow if it w�s good to �ave the code changed for just one instance. Mr. Betzold stated that, in other words, if the petitioner had �aqpened to have a larger house, he would not have needed t�e variance. That helped clarify the situation a little more, bu� he stili feit this particular provision in tfie code needed to be reviewed again. MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA� TO RECOl�IMEND APPROVAL OF VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO ALIAW THE TIDTAL OF THE ACCESSORY BUILDINGS TO BE I,000 SQUARE FEET, WITX A DWELLING OF 900 SQUARE FEET, AN EXCESS OF 10ti SQU.riRE FEET, TO ALIAW TXE CONSTRUCTION OF A 6ARAGE ADDITION:AND A BFEEZEWAI' ON LOTS 12 AND 13� BLOCK 4� XYDE PARK� TAE SAME BEING 6020 4TA STREET N.E.� SUBJECT TO REVIEW BY TXE PLANNZNG COMlNISSION AND REVIEW RND FINAL APPROVAL BY TXE CITY COUNCiL. UPON A VOICE VOTE, ALL VOTING AYE, CHA_TRPERSON GABEL DECLARED THE lNOTION CARRIED UNANIMOUSLY. Ms. Gabel stated the minutes of this meeting would go to the Pianning Corrmission on May 8. The Planning Comnission would review the minutes but would not take any action. Final approval would be by the City Council on May 20. 3, r(pRIANCE REOUEST PURSUANT TO CHAPTER 214 OF THE FRIDLEY CITY CODE T� INCREASE • ...v� �. „rrv-�� a�� rp y � , nc., MOTION BY MR. B RUAD N.E. (rtequest dy KhOdd M, S�ranq� ree , inneapolis, Mn. 55435). , SECONDED BY MR. BARti'A, TO OPEN TNE PUBLIC HEARING. UPON A VDICE VOTE� ALL TING AYE, CHAIRPERSO�V GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:30 P.NJ. Chairperson Gabel read the Admi ' trative Staff Report: ADMINISTRATIVE FF REPOR7 A. PUBLIC PURPOSE SERUED BY REQUIREMENT: Section 214.11.2B limits the maximum size of ' ht (80j square feet in area for a free standing sign. Public purpose served by this requirement is to contr visual pollution and excessive use of signs in commercial areas. �— I , tN 'Z h- � ♦ ..�. 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BY ?6 DESACXED GARAGE QN LOT 13� BLOCK 3, BROOXVIEW TERRACE SECOND ADDITION, TXE SAXE BEING 6600 OAXLEY STRE£T N.E. UPON A VOICE VOTE, ALL VOTING AYE, CI�TRPERSON GABEL DECLARED TlbfE NOTION CARRIED UNANIAOUSLY. � 55. REQUEST FOR VARIANCES PURSUANT TO CHP.PTER 205 OF THE FRIDLEY CITY CODE TO E �� • �.� � . ., �• • �i ' � • � � � . � � � .� � �, . �1 � � � � 1 1 , � � •� � � ■ �. . a . � � � .� � ,�. .i. . � . �.�-. , , .,� . . .� , . ., • - ••. - . ' �- . :�� ' . • �. •.. . ' , lNOTION BY MR. BETZOLD� SECONDED 8Y lIR. BARKA, TO OPEN TXE PUBLIC HEARING. UPON A VOICE VOTE, AL.*, VOTIb'G AYE, CXAIRPERSON GABEL DECLAR£D TXE PfIBLIC NE'ARING OPEN AT 9: ZI P.lN. Chairperson Gabel read the Administrative Staff Report: ADM?NISTRATIVE STAFF REPORT 5536-38 7th Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205,08.3A requires a minimum iot area of 10,000 square feet for a two-family dwelling unit. Public purpose s�rved by this requirement is �,o avoid the condition of overcrowding of a residential neighborhood. Section 205,08.3D.2c,l requires a side yard width on a street side of a corner lot to be not less than seventeen and one-half (17.5) feet. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighbor's front yard. Section 205.08.3d.1 requires a minimum front yard setback of not less than thirty-five (35) feet, Public purpose 3�rved by this requ�rement is to provide desired front ya rd space to be used for green areas on access and to add to the attractability of a residential district. 6HMM APPEALS CONMISSION MEETIN�. APRtL 23, 1985 PAGE 13 B. STATED HARDSHIP: "I intend to build a zero lot line duuble bungalow for rt�y own use. This property would have its highest and best use as a double bungalow rather than a single family dwelling as it is close to the freeway and in an area of other rental property." C. ADMINISTRATIVE STAFF REVIEW: The excessive. unused right of way, acquired at the time the freeway was constructed, created large boulevard spaces between the lot line and the paved portion of the road right-of-way. If the Board approved this request, your motion could include a recommenda- tion that Lhe City work with the petitioner to deed the excess right of way. back to the adjacent lot. ' Mr. Clark sho�ed the Commissioners an aerial photo of the property. He stated there was between 70-80 ft. of boulevard between the south lot line and the service drive along 694. Mr. Westling showed the Corrmissioners a letter he had written to the State some time ago inquiring about tf�e 80 ft. by 25 ft, piece of property. He had been told by the State tf�at the lot was given to the City of Fridle!y. He stated he has attempted to purchase that lot from the City of Fridley,but beca�se of the possible development of the drive-in property, the City is not willing to sell that piece of property at this time. Mr. Westling stated he felt tf�e construction of a double bungalow will be a nice addition to the area. INOTIDN BY NlR. BETZOLD, SECONDED BY MR. BAR'VA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLAP.ED THE PUBLIC HEARING CLOSED AT 9:I8 P.X. Mr. Barna stated he saw no hardships that were created by the owner. The owner has showr an attempt to retrieve ownership of the 80 ft. by 25 ft. piece of p►•operty in order to increase F�is lot size to satisfy the lot size reouire- ments, the front yard and side yard requirements. The property is properly zoned for multiple dwelling, so he would be in favor of granting the variances. Mr. Betzold stated he agreed. Because of the existing problems. he did not see anything tf�at could be done otf�er than to grant the variances and allow the petitioner to build a multiple dwelling on this property. Ms. Gabel stated she also agreed. At some point, depending on what does develop on the drive-in property, there may or may not be some property turned back, but in the meantime, there was no reason to hold up Mr. Westling's construction. She agreed a double bungaiow would be a d�tsirable use of that property and would certainly not be an overuse of the land. 6111 APPEALS COMMISSION I�EETING, APRIL 23L1985 PAGE 14 MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, T�D RECOMMEND T!� CITY COUNCIL APPROVRL OF TXE REQUEST Fl�R VARIANCES PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY COLiE' TO REDUCE THE REQUIRED SQUARE FOOTAGE FOR A DOUBLE BL'"7GALOW FROM 10,000 SQUARE FEET TO 9,4I6 SQUARE FEETf TO REbUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM I7 1/2 FEET TO 5 FEET; AND REDUCE THE FRO:�'T YARD SETBACK OR A PORTION OF THE FRONT YARD (SQUTH SIDEJ FROM 35 FEET T1� I1.5 FEET TD ALLOW THE CONSTRUCTZON OF A DOUBLE BUNGAI�OW Q[r1 LOTS 4 AND 5, BLOCK B� NAMILTON�S ADDITION TO MECKANICSVILLE, EXCEPT TXAT PART WXICX LIES SOUTX- EASTERLY OF TXE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON TXE�SOUTH LINE OF SAID LOT 5, DISTANT 25 F.EET t�EST OF THE SOUTIfBAST CORNER THEREOF: TIfENCE RUN NORTffEASTERLY TO THE CORNER OF LOT 4, AND TNERE TERMINATING, THE SAME BEING 5536-38 7TX STREET N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABSL DECLRRED TXE MOTIGIN CARRIED UNANIMOUSLY. 1HOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO RECOMMEND THAT CITY STAFF WORK WITH TXE PETITIONER T1D DEED THE EXCESS RIGHT OF WAY BACK TO TXE ADJACENT LOT. UPON A VOICE VOTE, ALL VOTING AYE, CHAIKPERSON GABEL DECLARED TXE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: � 1�lOTZON BY MR. BARNA, SECONDED BY MR. BETZOLD, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRPERSON GABEL DECLARED THE APRIL 23� 1985, APPEALS COMINISSION MEETfNG AATOURNED AT 9:30 P.X. 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Consultino Engineers and Land Surveyors 1446 County Road J, '�Ipls., �1inn. �5432, 784-9346 SURVi:l nF: P<irt of P,lc�ck 8, {�1111 � COI1S I�Cid . �C� :�t��r.h�iniccvill c, nuok�i Co. hiinr.. �z �� O O 0 � ' �z /3D. 20 � ��_. . - � /' ` Q :.. �: . `i` ,`5 � .._.._.'_'.. A � - �- : � � 0 � ° - —_,- ,: .. - -- = � . ... ;a� � � •+tr , �� , � = L _ .-.. /os 20 T v� ��'�� I�Ttr s ra �e N; _ �� ,�. ; � ; , � i� zs-f i F�-------- � : /ilo. G 9� SUKVF.Y F(iR: Cliuck Idestlin� y�� 3 �"t�s' �.r_ . C E' t Dr. `+! i�e��--�3�-}.�k}�a.n , rn: 44�-� ��-�a�cs �oa�,,e sS� 3 30 �� n �� 30 � � j� Dt:SCRIP'T[OV: BLots 4 and 5, Block 8, H�miltuti's Aciditinu tv *'echanicsvillc, accordinb to the dul}� recordc�d pl.at tlicreof situate in �noka County, �tinnesota, except ttiat part which lies sr�i�thea5terl}� of the follo�,�in� described line: Beginnin� at a point on the south line of said Lot 5, distant 2� feet wetit c�f the southeast SCALE: I inch = 40 feet cot-ncr therof ; tiience run nnrtheasterl y to the Dc�n<�tes iron monument set northe:ist corner of said Lot 4, aiid Cf1E�re termictatin;,. I hereby ccrtify that this survey, ptan or report �vas pr�pared by me or under my direct suE�crvision and that I am a duly Reoist�red Land Surveyor under the laws of the State of �Iinnesota. --� �' � 10332 __ Sept. 26, 19iK 4015 Rer. N�. Datc Job No. � v� / i NEMO T0: John Flora, Public iiorks Director l�MO FROM: Jim Robinson, Planning Coordinator !Q!!0 DATE: April 26. 1985 t�o N0: 85-33 RE: iloodcrest Baptist Church� 6875 University Avenue N.E. Due to unanticipated construction difficulties �ioodcrest Bapti�t Church is requesting to vary their approved building location. As you'll recall� Council approved their plan with the atipulation that the atructure be aet Dack 60 feet from the east property line. The nex proposal. reduces this setback to 40 feet. Becau x the approved location is nearly on top of an e:isting 8" sanitary aewer line, extra deep tootings and thus increased constructio n costs are entailed. The depth of Lhe footing and related coata are reduced if the building la ■oved ea�txard. To allox for any future excavation (with 2 to 1 aide slopes) of the 26 foot deep pipe, construction xith normal depth footings xould need Lo be �etback a minimum of 46 feet ft�om the pipe. The compromise submitted here will et111 necessitate footings of approximately 16 feet ia depth. The newly proposed forty foot aetDack trom Lhe residential property on the eaat will atill allow for a�ignificant vegetative buffer. Included with thi� brief are plan� xhich ahow both the 60 foot and 40 foot setback alternativea, a achematic depicting the footing relationship Lo the sever line� the June 18th Council motion� and a letter from Mr. David Aodabaugh outlining his amendment requeat. Please reiverr this information and inform me as to the appropriate procedure required to affect this change. (i.e. public hearing or informal review by Council. JLRlde 5/3/17/18 7A - � � ��. � �� o �o �� c �Q �E ��r «A� �p�r �� r �c �� ,� �H ..�. . 88pt�St Academy Pre-K - 12 * Oeaf Ministry * aus M�n ti!r� ,r Fa��h Promi52 M:ss�unary Prog�am * D�nam�c Youth Proyrdm * so�� Winning Empnds�5 * independent Premiilenn�al Fundamental Separat�st 6875 University Ave. N.E./Minneapolis, Minn. 55432 * Phone (612� 571-6409 CIa•ke 5 Poo�ma� M 4. D 0. Pastor Rooert Cnr�sman. M A.�+cacem� Aom:n�strato• Mar� Pvcrma� B • •ss�stant Pa>to� D�r�k Cl�vppol, B.A., Vputh P�rtor April 19, 1985 Fridley City Council Fridley, Minnesota ATTENTION: Mr. John Flora On June 18, 1984, the Fridley City Council approved our request for a special use permit, SP �84-07 for an addition with certain stipulations, one of which we cannot follow. The stipulation in question requires the building to be 60 feet from the east lot line. We are asking for an amendment to change this stipulation to 40 feet from the east lot line for the following reasons: 1. The building's southwest corner is directly over an active 8" sewer line. The city records at the present time and at the time of approval for the 60 foot stipulation identified no easement rights for the sewer line. 2. The City Engineer requires the building to be relocated. 3. Since the sewer line is 26 feet deep we are forced to relocate our building 40 feet from the approved location or 20 feet from the east property line to keep our construction cost constant. We are proposing a compromise of moving the building east only 20 feet which still leaves 40 feet from the east property line to our proposed building. We are incurring an additional cost for this compromise. A special block foundation and a retaining wall on the south and west sides must be layed. This compromise proposal has been made with the consideration of the neighbors desire to have the building as far from the property line as possible. Another option for the council's consideration is for the city to relocate the sewer line away from our approved proposed building. We have reduced the size of our building, reduced our parking area, and increased our cost to satisfy our neighbors. It seems only fair that someone else take the initiative and give up something this time. �cerev�� , Davi Rodab gh Building Chairman A GROWING LOCAL CHURCH MINISTRY WHERE THE 81BLE. THE BLOOD, AND THE BIESSED HOPE IS FAITHFULLV PROCLAIMED 7B I � y► J� h. 1 i J!6 �'a ,R 1,�, " _.. .._!-. ��..=� -�_-- 69TH AVE N.E. , s ts ' .. 0 �:ox q �a j.j{�^ . ' •;e N _ a.� . •aai 2f.y .�.. . '-1-�•-� . . o j : � _ • s� I 2r9 0 257 � � .��.,., �. « '" ( : , � = ` "� y � ^ I{ - \ '� � ' , e iN' - ••✓i � �� d01 w � 77) � ,ra' . �.�' 'M, I � . . ��1r.�.Y►�. : ��s� re ' \�/�!O 4. 1 • . 1 ..(��.sl— Q „ . , . » ,�►� ,,� « � . 6E90 ° I : � J *�i32 S�z ; . E• '' � � e ' : ° ` '� N. 3 P s .�«_.� � • 0 e � ` �, A � ��' � cf � . 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', i ► � ER � i . � � / � � : 'L•� OPO _f kK� � , � , / . , L � / / i 1 (aITJ iN0 rJ',yV I�, .!►�l C'i 11'� ft � � ,.// `� � .�� , / . � ,. • I � , .. �" � •� / � I , � � � / '�� '// �r�c:�� c r�c, cuRa� ' � � � ' � �� , � � �� ' J' c / � �" � �� i� / / � I _.�- — � // � � / /, � �/ � // � /� �/ . � �, s , � / � � i , ,��• � � so, � i � / :' � /�� C, l � �� ° � � � ` � y � � W � , � � - ; r / � ; � � —�! > � � � i % / i � / . � / � r / /� � ' I ; ' � / / / ,/ ' . / � t ` � ` � � o �, • � --- ` \ ` � \ ` ,/ `.E} � ,� P ' : Q � i � � � ` � � � � �*.. £ �,� � � 3 1 � � 1 � j . - � / i S _ �, �AL. W +` 1' , / . - - -- _�� . � _ ..i- � � . . � . 1 � � ROPOS ED AMENDED L4CAT[�N � � �s��de8 �saa�pooM i� _. ; 7R � . , • �1, Ae atated they vou2d De eliminating tbe permanent atage end vill uae a portaDle type atage when needed. lir. Radabough atated the parking lot was reduced Dy two atalla Decauae t6e building was �oved tarther trom the eaat � property line. Mr. Radabough alao presented a oodel of Lbe aev atructure aad stated it xas bia understanding the residenta tind this proposal reasonabl�. Mr. Dean Eberhard� �136 Rice Creek Boul�ard, stated Yben plana were first presented the general opinion of the neighbora vas the�r rere opposed to Duilding the atructure and had aeveral concerns regarding traffic, aafety factors� market value of their homes� and the aesthetics of the Duilding. Ae atated the resident� have �et with the church representatives and aome of those concern� still exist, hoxever, he felt the proposed alternative la acceptable with everyone. Ae atated there are aome atipulations they would like noted regarding the landscaping with 5 to 6 feet tall pine trees any lighting installed in back De blocked out from their property, and no atructures De put in the Dack. He atated the church haa agreed to putting ahakes or shingle� on the roof, rather than a metal roof and to rork vith residenta on how the outside would be finished. He atated tl�e churcA went to a lot of work to �ake these changes and he appreciated their efforta. Councilman Hamernik atated they apent a good amount of time di�cu�sing the exterior finish of the Duildirsg. He a�ked if the church vas prepared to make a definate propo�al on how it would De finiahed. Mr. Radabough atated iL vould De finished aimilar to the other building. He atated they would ahare their plana with the Eberhard's as they proceed� and vould do their best to work xith them on plana for the outaide ot the buildiag. NOTION Dy Couneilman Aamernik to concur vith the recommendation of the Planning Comdission and grant apecial use permit� SP 184-07 vitb the follor►ing �tipulations: (1)/y(,C�at the location of the addition De ss proposed which ia 60 feet from tbe lot line to the aoutheaat eorner of the building: (2)?any lighting that Would De inatalled on the Dack of the Duilding whether it De emergency or other� ahould De of the nature that it doesn't infringe on the neighbor'a property line; (3)lthat the green area behind the Ouilding on the eaat aide De mai�tained aa green area with appropriate landscaping; (� ��t the roofing De as proposed with a aimilar type of roofing as on the present aanetuary; (5�n,t��t the church work with the adjoining neighDors, primarily the Eberhard'a, to coIDe to an agreement on the type of wall finish that would be appropriate and work with the staff in applying for the Duilding pernit; and (6)A�hat a landacaping plan b� presented to staff at Lhe time of applying for tbe Duilding permit. Seeonded Ly Councilman Bar�ette. Councilman Barnette atated democracy Sa aever a lessoa io tutility and� _ through t2�ese meetings with the residents and church repreaentatives, they -�a � ` F R1 DLEY OtAECTORATE OF PUBI.lC WORKS MEMOFiANpUM O�TE 4/11/85 - iAOr /.►N John Flora, Public Works Director . � iv��ECT - Park Construction Rock Crusher TO sim Qureshi, Citv Man a �.. , o oD - •� °.�p - _ -- . �= �i � PW 85-97 •CTtO� IMrp --- - — r —_ 7 _ �_ ' �� In 1982 the Council approved Special Use Permit # 82-12 to allow a rock crusher to be operated at the Park Construction property on 7900 Beech Street.The Special Use Permit was extended through 1984 in order to allow the crushing of the material this past winter. The concrete material that was stockpiled from 1983-1984 was crushed this past winter. No comments or complaints were received from any of the neighbors irt this area. I have received a letter requesting that SP #82-12 be extended until March of 1987 in order to allow Park Construction to accumulate sufficient quantity and operate the crusher, in order to recycle this material. If the Council has no objections, we can administratively extend the Special Use Permit as requested. ilGF:jmo Attachment • �� CONSTRUCTION C0. ■ COMMERCIA� ANO �A te CEM(�� INDUSTRIAL EXCAVATING �o,y • ROAD 9UILOIN(i � ■►ILE DRIVINd � � ■ SEWER, WATER � , S� INSTALLATION .�' �rc��`.• ■ sn�o�es ESTABLISNED ■ GOIF COURSES ��s • SUB DI V ISION AND LANO OEVE�OPMENT � EQUIPMENT RENTAL •� ENGINEEAING ANO CESIGN 7900 BEECH STREET N.E. • MINNEAPOLIS, MINNESOTA 55432 • TELEPHONE 7869800 April 11, 1985 City of FYidley 6431 University Avenue N. E. Fridley, Minnesota 55432 Attn: John Flora Re: Special Use Pesmit SP82-12 To allaa a crusher to reclaim concre te Gentlemen: Ttiis past winter w�e cushed the stockpile of concrete in oqar yard at 7900 Beech Street N. E., aryd to our knowledge there were no c�laints on either the noise ar the dust. We �uld therefore like to continue this operation and hereby request that yau exter�d our Pe.rntit until March 1987, under the saane conditians as before. Siricerely, PAi2K �IVS�RCICI'IQN OONlPANY �� . �1 A. lsan, �� fety Directar se — AN EQUAL OPPORTUNITY EMP�OYER — _ - . ' i f_ . .� . ` __.. _. _; • /_ ��.�'JT > —� T - � -`��✓,. /"= � � . � 1 • � � / • � 4' 8B �E 1 `�( f�?t- t-t=:[��!_�Y 6�31 UNIVERSITY AVEHUE N.E.. FRIDIEY. MIHNESOTA 55132 u -' Larl Olson •�.�� park Construction Coc.�:any �= 7900 Beech Street N E ;, a Fridley, hSn 55432 � CI7Y COUNCIL ACTION TAKEN N0T10E TEIEPMONE ( 6t2)571•3�50 January 11, 1983 On Dece,��5er 20, 1982 , the Fridley City Council officially aaproved your reouest for �,.r c_ ,.;�, „ � h�ith the stipu�atior,s liste�'-b�l'�ow: 'S`��'"�T��'`�--� '�`1�`'''�-�r�sher t;, recl conc rete 1. Special Use Permit, SP =82-12 granted only for the period-from PSarch l, 1983 to February 2g, loc4, and rz-evaluate the permit at the first regular meeting of the Council in �'�rch, 1984, providing there has been one crushing operation at that time. . 2. The City be allo;:ed to dump their a•aste concrete r.aterial at this site at no cost with cred.it. � 3. Fark Construct�on take the necessary steps to ensure the City and State noise, dust and environ;:�f�ntal limits are not excEeded. 4. The rock cr�sher, cenerators and stock piles be loca�ed as `ar north and east on the property as possible. 5. The sar�e standards regarding run-off be applied to this site, as a�plied in the Rice Creek k'a�ershed area. If you have any questions regarding the ab�ve action, please call �he Cor�unity Develop;�ent Office at 571-3450, JLB/de Sincerely, /� j /� : �/ � _� � � . � ,�f_ ��.�-�- .3ERROLD L. BO�RD"t4N • City Planner Please review the no►ed stipulations, sign the statement below, and return one copy to the City of Fridley. ' Concur with action ta�.en. � � .. ._ .. • �, ` � �`� �� ti � � � a .. �� I v 7(�i • I '=, 1�. . �� • ��I � � �3�� :�. . . . � I I;� 'SAV #82-03 rk Const�u t. � � � � = ( SP#82-12 S one Crushe� ` � � � � I1i� I� ! ----------"'�,}'kEa 2[1't— �. +:r. •. � ��` � �: _--------- f---� �• S 133a1 ( � IC � � I^ �ri.y •. �, (`, ( r� c � 2 v� �� ;��,a , I . � I � � ` ., .� ' - ` � � _ �'`.�j`� � � '�,�s w � I . : ; ( l r � <::��a ` --- � -- _—_� �.i — — -- --_ � % - � `�------- — — � _` � ,. � „ .� -�— _ � - ., r. �. . . � • �. -s•-• �---- . - ^ _. � .- ,�L,� .4—�_— � �133a \ �� y �. �tC � / ..ob .. . . ,�. ;�� ' ��,V;h� ,� I � S . �• �� - . .. � . y '�` 1 � . . ' / `. . `, �i � � _ . 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Hofstedt, City Attorney for Coon Rapids, for the citie� �f Blaine, Fridley, Coon Rapids, and Columbia Heights regarding the purchase of in-ho�;se election counting equipment. Also, attached is a copy of my previous memorandum regarding this topic. This Joir.t Cooperataive Agree�ment puts in place the legal structure necessa ry to proceed With the joir.t purchasing of in-house election equipment. I xould like to point out that this does not commit the City of Fridley for any expenditures of dollars. It only commits the cities to xork with/aid the other cities. The agreement has been approved by Coon Rapids ar.d Columbia Heights� and is on the City of Blains's May 16 agenda. The cities have reduced the selecton of possible equipment doWn to two sources, that being Thornber and E L Marketing. It is our opinion that the programmable type of equipment well best meet the needs of the City of Fri�ley and the price range should be �10,000 to �13,000. Specifications are beir.g drawn ar.d once bids are received, We WiII be coming back to the City Council for final approval. Our preliminary cost benefit analysis indicates the City of Fridley Would have a savings of �2.000 to �3,000 each year for both the primary and general elections. It should be pointed out that over the last f ive years, the expenditures With the County have increased and xe are projecting that trend to continue. Therefore, there will probably be additional savir.gs in the next ferr years. Based on that analysis, We should be able to return the cost of the equipment Within three to four years. The last tWO objectives xe had, xhile not easily quantifiable, are equally as important. There is no question that in-house counting of our own ballots should provide Paster and more timely inf ormation to tbe candidates. Additionally. it should reduce the amount of time signif icantly that head judges are required to stay in the counting center. In our last election, We tabulated the results and Were finished at approximatelq 6:00 a.m. Both 9A cospanies estimate that vith their equipment We Would have been totally finished counting by least midnight if not sooner. ile should have the final cost information available within the next month. At Which time, they Will be given to the Council. Please place this on the agenda for the May 20, 1985 Conncil meeting. SCI:sh 3/0/4/10 se JOINT COOPERATIVE A6REEMENT The parties to this agreement shall be the Cities of Blaine, Fridley, Columbia Heights and Coon Rapids, all governmental units of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes, Section 471.59. The parties hereto have determined that the process of counting elec- tion ballots at the County Auditor's Office has become increasingly slow, pri- marily due to the steady increase in population in Anoka County, and that the tabuiation of election results in their respective City Nalls would be more effiCient and productive. This will require each party to purchase its own punch card ballot counting equipment. The parties recognize that serious results could occur if their individual 5allot counting equipment should fail on election day. The general purpose of this agreement is to insure that each of the parties hereto will have equipment available for the counting of ballots cast in its comnunity in the event its own ballot counting equipment should fail. By joint and cooperative action, the parties hereto can provide such back-up capa- bilities by agreeing to purchase identical equipment and to make that equipment available to any other party hereto should the need arise. NOW, TNEREFORE, the parties hereto jointly agree as follows: 1. That they will jointly advertise for bids fpr the purchase of the punch card ballot counting equipment based on a common set of specifications. 2. That they wili purchase and maintain identical purtch card ballot counting equipment. 3. The parties will establish policies and procedures tu be followed in the event any party's equipment should fail. Those policies and procedures shall be approved by each of the parties hereto and shall be reviewed annually. 4. This agreement shall become effective upon adoption by any two parties named herein, but shaTi be effective as to those parties only. 5. Any party may withdraw from this agreement by giving written notice six (6) months prior to an election to each of the other parties. In witness whereof, each of the undersigned muniEipalities has caused this agreement to be signed on its behalf on the day and year set out belov+. DATE: CITI' OF Bi.Ai�lE ATTEST: By: ayor C�ty erk DATE: ATTEST: �ty er OATE: ATTEST: DATE: ATTEST: �ty er This instrument drafted by: Alden C. Hofstedt City Attorney City of Coon Rapids - 1313 Coon Rapids Boulevard Coon Rapids, Minnesota 55433 ay: � ty an ager CITY OF FRIDLEY By: ayor By: ity anager CITY Of COLUMBIA HEIGHTS By: Mayor By: C�ty Manager CITY OF COON RAPIDS By: ayor By: ity anager sc � CIT7 OF FRIDLE7 !lENOR►NDaM T0: NASIN N. QORFSHI� CITY MANAGER FROM: SID INlU►N, DIRECTOR OF CEHTRAL SERYICES SQBJECT: MOVINC COQNTLVG CFIiITER POR ELECTION TO CITY HIILL DaTE: �PRII, 15� 1985 On April 16� 1g85, the City election staff along with Hlair.e ar.o Coor, Rapids mEt �itt reFreser,tatives of Lre County Auditor's office. It i� the County Au�itor'� position tAat they are sLpFortive of ttese cities cour.tir.E at their arn sites in tbat they feel it is ar. icterteciatE srcrt-tere soluticn to the overall County problec. . It i� also their feElir.g tt:E erar.6es ir� tecr�ncloEy t?.at ¢a�• effect ti.e electicn systet vi�l not be av�:lable fcr the r:ext ti.ree tc f:vE yesrs ar.d tti� acticn w�ll Eive tt.e er.tirE County er.o�6t br E�tt,ir.E rooc. to sit back ar.d reviEU what lonE,-ter� objective� Lr.ey havE. Eased or. tt.i� meetir.6� �e will contir.ue to proce�s this ite¢ ar.a we StGlild heYE a joir.t po�:ers agreeaer.t� cost esti¢stes� cost benefits, advar.ta6e� �r.c cour.tirg procedures shortly for their fir�al reviEw anc cor.clusion. 1►ou.lc yo� plea�e �r.i orc the Ccuneil of tGis aeticn ar�d I� ill be aveilable Lo ar.sxer ar.y questicn� you ma�• have. SCI ;:t, 3/0/2/ t0 �D 10 RESOLUTION NO. RESOLUTZON GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUS- TRIAL DEVELOPM.ENT ACT, REFERRING THE PROPOSAL TO THE MINNESOTA DEPAR:MENT OF ENERGY AND ECONOMIC DEVELOPMENT FOR APPROVAL AND AUT80- RIZING PREPARATION OF NECESSARY DOCUMENTS. i�UP. REALTY CORPORP.TION) BE IT RESOLVED by the City Council (the "Council") the City of 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 far 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 displaced persons and of duplicating public services in other areas. 1.2. Technological change has caused a shift to a significant 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 available resources of the City, a large pa:t of the existing investment of the community and of the State as a whole in educational ar.d public service facilities will be lost, and the movement of talented, educated personnel of mature age to are3s 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 increase 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. Our Realty Corporation, a Minnesota corpora- tion (the "Company"), has advised the Council that it desires to undertake a project which consists of the construction of an approximately 75,000 �square foot facility to be leased for use in the manufacturing, machining, and processing of die castings and related activities (the "Project"), to be located as an addition to an existing facility located at 7585 Viron Road N.E. 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 of the financial feasability of the Proj- ect, 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, betterment or extension of capital projects con- sisting of prooerties used and useful in connec�ion with a revenue producing en�erprise, 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, Minnescta, who shall act as bond counsel to the City with respect to the P*oject, that the Project constitutes a"project" within the meazing of Minnesota Statutes, Chapter 474. 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its obligations (the "Bonds") under the provisions of Minnesota Statutes, Chapter 474, to finance the Project in an amount presently estimated not to exceed $1,000,000. - 2 - 1 OA 0 3. The Project and the related financinq thereof by the City are hereby given preliminary approval, and the issuance of the Honds 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 Development (the "Oepartment") and to the mutual agreement oF the Council, the Company and the initial 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 interes� 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 Praject and property pledged to the payment therevf. 4. In accordanCe with Minnesota Statutes, Section 474.01, Subdivision 7a, the Mayor is hereby authorized and directed to submit the proposal for the Project to the Department for approval. The Mayor and other officers, em- ployees and agents of the City are hereby authorized to provide the Department with any preliminary information needed for this purpose and are further authorized to initi- ate and assist in �he preparation of such documents as may be appropriate to the Project and the financing thereof. 5. The adoption vf this resalution by the CounCil does not constitute a guarantee or a firm 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 unable to reach agreement on the terms thereof. Adopted by the Fridley City Council on May 20, 1985. Attest: William J. Nee - Mayor Sidney C. Inr�an - City Clerk - 3 - 10B CITY OF FRIDLBY M E M 0 R A N D II!! T0: NASIM M. QORESHI, CITY MANAGER FROM: SID INMAIiI� DIRECTOR OF CENTRAL SERVICS SUBJECT: CITY CODNCIL ACTION ON REFONDING BONDS DATE: MM�Y 10, 1985 On r:ay 9, 7985, the HRA gave their final approval for the Refunding Bond�. �ince the bonds that are being refunded are General Obligation of the City, there is one final Council action required. The passage of the attached resolution completes the following actions. 1. Approves and ratifies the issuance of the Refunding Bonds by the HRA. 2. Approves an Amendment Agreement to the original contract between the City of Fridley HRA and the City of Fridley. This amendment forces the HRA to pledge increments to pay the bonds. 3. It authorizes the underrrriter to prepare the official statement. 4. It authorizes the City Manager and the Mayor to prepare information and sign documents. I have attached a copy of the resolution, the Amendment Agreement and the the original Agree,ment of Cooperation between the Housing Redevelopment Authority and the City for your revieW. Would you please place the resolution on the agenda for the May 20 meeting and let me knar if you have acy questions. SCI:sh cc: Mr. Rick Pribyl, Finance Officer Mr. Ncel Grazcyk, Budget Officer 3/0/�/3 0 17 11A fridley3 Draft 5-7-85 CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA RESOLUTION NO. Resolution approvinq the sale and issuance of $4,070,000 Tax Increment Revenue Bonds of 1985 of the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota; and authorizing execution and delivery of a Bond Purchase Agreement, Escrow Agreement and Amendment Agreement. WHEREAS, the Houszng and Redevelopment Authority in and �or the City of Fridley, Minnesota (the "Authority") has by its Resolution No. (the "Bond Resolution") authorized the issuance and sale of the Authority's Tax Increment Reve- nue Bonds of 1985, dated as of May l, 1985 (the "Bonds"); and WHEREAS, the Bond Resolution authorizes the Authority to execute and deliver an Escrow Agreement, providing for the deposit of proceeds of the Bonds and other funds to provide full and timely payment of alI principal and interest on certain prior bonds issued by the City of Fridley (the "Escrow Agreement"); and � WHEREAS, the Bond Resolution authorizes the Authority to execute and deliver a Hond Purchase Agreement dated as of May 9, 1985 (the "Bond Purchase Agreement") among the Authority, the City and Miller & Schroeder Municipals, Inc. (the "Underwriter") relating to the sale of the Honds and 118� containing certain covenants of the City of Fridley (the "City"); and WHEREAS, the Bond Resolution authorizes the execution and delivery by the Authority of an Amendment Agreement amending a certain Agreement of Cooperation between the City and the Authority dated as of September 13, 1979 (the "Amendment Agreement"); and WHEREAS, the Bonds are proposed to be offered for sale by the Underwriter pursuant to an Official Statement, dated as of May 9, 1985 (the "Official Statement"). NOW, THEREFORE, be it resolved by the City Council of the City as follows: 1. The City hereby approves and ratifies the issuance and sale of the Bonds in accordance with the Bond Resolution and Bond Purchase Agreement. 2. The forms of Escrow Agreement, Bond Purchase Agree- ment and Amendment Agreement on file with the City are hereby approved and shall be executed by the Mayor and City Manager in the name of the City in the forms on file, with such changes therein not inconsistent with law as such per- sons executing the same may approve, which approval shall be conclusively evidenced by the execution thereof. 3. The Underwriter is hereby authorized to prepare a final Official Statement incorporating the final terms of the Bonds in substantially the same form as the Official Statement presented to the Council, with all such changes - 2 - � therein as may be approved by the Authority, and the Under- writer is hereby authorized to distribute the same. 4. The Mayor and City Manager and any other officers and employees of the City are hereby authorized and directed to furnish the attorneys approving the Bonds ("Bond Coun- sel"), on behalf of the purchasers of the Bonds, certified copies of all proceedings and certification as to facts as are shown by the books and records of the City, to show the proceedings taken in connection with the Honds and all cer- tifications required by the Bond Purchase Agreement or Bond Counsel. All such certifications shall be deemed made on behalf of the City. The Mayor and City Manager and any other officers and employees of the City are further autho- rized to take such further and additional actions as shall be deemed necessary or desirable by Bond Counsel for the purpose of aiding the issuance and sale thereof as contem- plated in the Bond Resolution and Bond Purchase Agreement. 5. This Resolution shall be effective from and after its approval. - 3 - 11C 11D fridley4 Draft 5-8-85 AMENDMENT AGREEMENT Amendment Agreement entered into as of the lst day of May, 1985, by and between the City of Fridley, Minnesota (the "City") and the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority"). WHEREAS, the City and the Authority entered into an Agreement of Cooperation between the Housing � Redevelopment Authority & Municipality, dated as of September 13, 1979 (the "Agreement"); and WHEREAS, the Agreement authorizes the issuance by the City of bonds to aid the groject described in the Agreement; and WI3EREAS, the Agreement provides for the Authority and the City to agree to pledge tax increments described therein (the "Tax Increments") to secure the payment oE any such bonds and interest thereon; and WHEREAS, the Authority contemporaneous herewith is issu- ing its $4,Oy0,000 Tax Increment Revenue Honds of 1985, dated as of May 1, 1985 ( the "Honds" ) to refund in advance of maturity all prior bonds issued by the City to which Tax Increments are pledged which are the following: $2,200,000 General Obliqation Tax Increment Redevelopment Bonds of 1981, dated as of Februazy 1, 1981; $625,000 General Obliga- tion Tax Increment Redevelopment Bonds of 1982, dated as of 11E August 1, 1982; and $600,000 General Obligation Tax Incre- ment Redevelopment Bonds of 1982, Series II, dated as of November 1, 1982 (collectively the "Prior Bonds"); and WHEREAS, the Tax Increments were originally pledged exclusively to the payment of Prior Bonds and the City and the Authority desire to maintain the p2edge to Pzior Bonds but to amend such pledge to secure Bonds and certain Parity Obligations as provided in the Bond Resolution. NOW, THEREFORE, the parties hereto hereby agree as fol- lows: 1. This Amendment Agreement sha21 be deemed to be a part of the original Agreement. 2. Subparagraph' b. of paragraph 5 of the Agreement is hereby deleted and amended to read in its entirety as fol- lows: b. The Authority pledges and appropriates all tax increments to be received from the project, first for the payment of principal of and interest on bonds issued by the City prior to May l, 1985 to aid the project, but only to the extent amounts in the Escrow Fund established therefor pursuant to an Escrow Agreement dated as of May.30, 1985 among the City, the Authority and National City Bank of Minneapolis are insufficient for such purpose; second, to the payment of principal of and interest on the Authority's $4,070,000 Tax Increment Revenue - 2 - :■ 11P Bonds of 1985, dated as oE May 1, 1985 issued pur- suant to Resolution No. of the Authority (the "Hond Resolution") and certain Parity Obligations (defined in the Bond Resolution) but only to the extent provided in the Hond Resolution; and third, � to such other purposes as may be permitted under the Bond Aesolution. 3. Paragraph 7 of the Agreement is hereby deleted and amended to read in its entirety as follows: 7. This Agreement shall terminate upon the final payment or discharge of all bonds or obliga- tions for which tax increments are pledged pursuant hereto, includinq any referenced in paragraph 5(b) hereof. 4. An executed copy of this Amendment Agreement shall be filed with the County Auditor of Anoka County. - 3 - IN WITNESS WHEREOF, the City and the Authority have caused this Amendment Agreement to be executed in their respective names as of the day and year first above writ- ten. � CITY OF FRIDLEY, MINNESOTA By Mayor By City Manager HOUSING AND REDEVELOPMENT AOTHORZTY IN AND FOR THE CITY OF FRIDLEY By Chairman By Executive Director - 4 - 110 '11 M AGREII'IEhT OF COOPERATION � BET�TEEN ?HE HOI,'SING b RIDEVELOPMEN'T AUTHORITY AND MITNCIPALITY THIS AGREE�IENT, made aad entered into this 13th day of September � 1979, by and betveen the Housing and Redevelopment Authoritq of the City of Fridley. a public eorporation organized under the laws of � the State of Minnesota having its office in the City of Fridley (hereia referred to as Authoritq), and the City of Fridley, Moka Couaty, Minnesota, a municipal eorporation organized under the lavs of the State of !linnesota (herein referred to as City). RECITALS iJHEREAS. the Au[hority, pursuant to Minnesta Statutes. Chapter 462, has designated the area described in Exhibit A. as a Redevelopmen[ Area. and the Auchorlty and the City have adopted and approved a Redevelopment Plan and Project for such area (hereinafter referred to as "Center City Project"), vhich are on file in their respective offices; �nd VHERFAS. the Authority hae de[ermined that it is necessary and desirable for the City to assist it in completing the Center Ci[y Project. and the City has determined that such assistance is needed to complete the Center City Yroject. for the orderly and economic development of the City, for the elimination of blight and for the development of additional real ea[ate tax base; aad WFIEREAS, by virtue of Minnesota Statutea, Sectioa 671.59. Section 429.041, Subdivision S, Section 462.581. paragraphs (6), (7), and (8), Section 462.445. Subdivision 1, paragraph (5), and Subdivision 4� paragraph (2)� the Authority and the City have the pover to enter in[o a cooperative agreement for the making and performing such improvements as required in completing the Center Citq ProjecL NOSJ, TFiEREFORE� for and ia consideration of the mutusl covenants and agreements hereinaftez contained, and other good and valuable coasideration, the recipt and sufficiency vhereof are hereby acknovledged by eaeh of the parties �ereto. the Authority and the C1tq do hereby agree as follovs: 1. The Authority� in its ovn name, shall proceed vith and complete the Center City Project. including all proceedings that �ay be necessary for acquisition, Dy direct purehase or by eminent domain of the necessary easements and rights for construction; administra[ion of construction of all of the necessary improvements, including entering in[o all necessary service and cons[ruction contracts; selecting the developer of the plan after [he City has had the oppor[unity to reviev and co�ent; and shall do all things requlred, necessary or desirable to implement the Reso2ution approving Lhe Center City Project and to complete the improvements thereby ordered� at the earliest possible date. All things • done by the Authority pursuant thereto shall be done in compliance vith the requirements and regulations imposed upon the Authority by Minnesota Statutes, Seetlon 462.411 to 462.711� iaclusive (the_"Municipal Housing and Redevelopment Act"). 2. The Authority may request the City to advance funds to the Authority to complece the project pursuant to Paragraph 1 hereof� upon vritten justifica[ion of auch funding and approval of the City. Upon completion of those project costs funded by the City, the Authority shall calculate the costs thereof and certify the same to the Ci[y so that the City may proceed to assess those coste vhich vill be assessed. pursuant to Minneso[a Scatutes. Chapter 429. All auch costs not so assessed by the City shall be deemed loaned to the Authority as of the dates that such non-assessed costs vere advanced to the Authority and ahall be re-paid by [he Authori[y to the Ci[y. 3. Nonvithstanding the provlsions of Paragzaph 2 above, nothing shall prohibit the City from making [he improvements. as required by the project pursuant to Paragraph 1, on behalf of the Authority, provided that the Authority requests the City to make these improvements and the City agrees. Io the event ihat the City makes ihese improvements, [he City aay proceed to assess those coscs vhich vill be assessed� purs�ant to Hinnesota Statutes. Chapter 429. 4. The Authoirty shall foliov all necessary procedures and execu[e all doc�ents as required by the Tfunicipal 8ousing and Redevelopmen[ Act for any fioancing CAat it aay obtain for the project. 5. The City eay pledge tax increments to the payment of the prineipal of and interest on bonds iasued bq it to finance sll or part of the -f- 111 11J Center City Project vhen reques[ed to do so by a resolution of the Auchority. and the rights conterred on the City hereunder shall be enforceable by Lhe City or any bondholder. In the event that the City dces issue any bonds in aid of the project: a. The Authority. pursuant to Minnesota Statutes. Section 462.585. shall follow all necessary procedures and execute all documents determined by [he City to be aecessary for the collection, eegregation, and transfer of ta: increments from the Center City Yroject in the maxim�m amount permitted by lav� uatil all bonds issued by the City for the payment of project costs of vhich said tax increments have been pledged pursuant to this agreement and the interest thereon, have been paid in full. b. The City shall agree to pledge and apply all tax increments received from the Authority pursuant to this agreement to the payment of such bonds and the interest thereon. c. The Authority and the City agree to file vith the Anoka Coun[y Auditor one fully executed copy of the agreementa provlded for in Paragraph S, vhich shall constitute the request and authorisation of the Authorlty and the Ci[y to the County Auditor and Treasurer, to compute, collect and segregate said tax increments in accordance vith Minnesota Statutes Anno[a[ed. Sectlon 462.585. 6. All notices, reports or demands required or permitted to be given under this agreement shall be in vriting and ehall be deemed to be given vhen delivered personally to any officer of the party to vhich notice is being given� oz when deposited in the United Sta[es mail in a sealed envelope, vith registered or certified mail postage prepared thereon. 7. This agreement shall terninate upon completioa of project aad payments of any obligaions entered into by the City and t6e Authority in carryiag out the Center City Project. IN WITNESS WHEREOF, the parties hereto have eaused this instrument to be duly executed as of the day and year fizst above vritten -3- -4- CITY OF FRIDLEY � L 00,�,. o -�,� � � sy. ' _ . Ics [Sayo: � Ah'D C��+� /�'i . ��... Its tlanager HOLSIi� AND REDEVEL ORI1T OF FR Lf . tIINNES By: �,�..d',"�''�f Its Chairperson A.\'D _ Its Execut ve Director 11K 1g Q�'Y OF PRZII,EY l�IEMORANDOM ZO: NASIM M. Q[TRF.'SHI, CITY MANAGIIt FROM: SID IrH�IAN, DIItBCIC)R OF 4NIIi�L SIIZVICFS St1BJD(.T: BARVEST STA'[F5 (GTA IIB) L1ATE: MAY 15, 1985 Attached is a oopy of a resolution and a Escraw Agreement between the City of Fridley and First Trust Ca�any of Saint Paul. As you will recall, we issued a 55,000,000 IDB earlier with Harvest States and they would like to refund a portion of that out of existing capital. Mr. James P. 0'Meara of 0'CAnnor & Hannan has reviewed the c3oc�anents with me and with their attorneys and reoarut�ends apprwal. Would you please put this on the agenda for the May 20, 1985 Council meeting as they would like to have this approved prior to May 31, 1985 . SCI:sh Attachments 3/0/4/11 1 �A 890 `�'�ST. PAUI. MI�N ESOTAA'S91O1 �ILDING (6i2; 227• 60�7 P O 80X 8�8 q��STER,MI,NNES�O A�,9Oy3a (507, 298 • 3t56 312 �IpST NATONAL EAHK �U�LD�NG WAYZATA, M�NNESO'rA 3539� 16+2; 476 • 0373 DORSEY � WHITNEY A PrrtnsrSMip Mcludinp P►oA16.s�OM� Gb�Op�hOnb 2200 FlRST BANK PLACE EAST' MINNEAPOUS, MINNESOTA 55402 (6�2) 340-2600 TELF7( � 29' Ob05 TEJ.ECOAER � 16i2) 3W-2868 VERLANE L. ENDORF (6'2) 340-265i Mr. Tom Simon Harvest States Cooperatives 1667 Snelling Avenue North Box 64594 St. Paul, MN 55164 Mr. Tim Sandell First Trust Company of Saint Paul 6279 University Ave. N.E. Fridley, MN 55432 Gentlemen: May 7, 1985 20� DAV�D50N 6U�L��NG 0 TMiRD STREET NOpTn GREAT FALLS, MONTANA S�O� (+06i77f-3632 SUITE 676 NORTM �p00 ►� 57REET N. w. wASMiN6TOw. D. C. 20036 ( zoa � z9e • rso 30 RUE LA 00ET�C 7'+��9 PARIS, PRANGE TEL� lU 3a2 �Z 30 �Mr. Nasim Qureshi City Manager City Hall 6431 University Ave. N.E• Fridley, MN 55432 Mr. Virgil C. City Attorney 332 Minnesota St. Paul, MN Herrick Street 55101 Re: 56,000,000 Industrial Development Revenue Bonds (Farmers Union Grain Terminal Association Project) Series 1980 City of Fridley, Minnesota Pursuant to our discussions with representatives of Harvest States Ccoperatives a�d First Tr»st Company of Saint Paul, as Trustee under the Indenture of Trust pursuant to which the above bonds were issued, we have structured an escrow to provide for the partial defeasance of the above bonds from excess monies remaining in the Construction Fund (including investment earnings) established from the proceeds of the above bonds. We have also prepared, and enclose for your review, a suggested form of Escrow Agreement to be entered into between the City of Fridley and the Trustee, as Escrow Bank, to set up an Escrow Fund for the defeasance of 51,505,000 of the above bond issue, together with a draft of a resolution to be considered by the City Council giving approval to the transaction and authorizing the exect�tion of the Escrow Agreement and the establishment of the Escrcw Fund. After you have had a chance to review these documents, please call me with any questions you may have. It is DORSEY 8� WFiITNEY May 7, 1985 Page Two contemplated that the escrow would be established for the defeasance of these bonds on May 29, 1985, so that it is imperative that the Escrow Agreement be finalized well in advance of that date, and that the City Council have considered and adopted the enclosed resolution prior to that date. Very truly yours, _ • ��- �— -7 ' i . /�� C' -- , � i erfane "L. Endorf % VLE/sq Enclosures 1aB 18C RESOLUTION AUTHORIZING THE ESTABLISHMENT OF AN ESCROW FUND FOR THE PAYMENT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (FARMERS UNION GRAIN TERMINAL ASSOCIATION PROJECT), SERIES 1980; AUTHORIZING THE EXECUTION OF AN ESCROW AGREE- MENT BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: 1. The City has heretofore issued its Industrial Development Revenue Bonds (Farmets Union Grain Terminal Associa- tion Pzoject), Series 1960, dated as of October 1, 1980, in the original principal amount of 56,000,000 (the Series 1980 Bonds), of which S5,475,000 are currently outstanding. The Series 1980 Bonds were issued pursuant to an Indenture of Trust, dated as of October 1, 1980 (the Indenture), and the proceeds thereof were loaned by the City to Farmers Union Grain Terminal Association, now known as Harvest States Cooperatives (the Borrower) for the purpose of financing improve�:ents to the Borrower's Facility in the City (the Project). 2. The Borrower has now advised the City that all of the proceeds of the Series 1980 Bonds were not expended for costs of the Project and that there is now on hand with First Trust Company of Saint Paul, as Trustee, under the Indenture (the Trustee), an amount of bond proceeds, and interest earnings thereon, in excess of 51,515,000 remaining after all costs of the Project have been paid. The Borrower has further advised the City that, in compliance with Revenue Procedures 79-5 and 81-22, issued by the Internal Revenue Service, the excess amounts described in this paragraph are being held and invested at a yield not greater than the yield on the Series 1980 Bonds. 3. The Borrower has advised the City that it desires to establish an escrow which will comply with the provisions of Revenve Procedures 79-5 ann B1-22, ��hich will be sufficient to pay and retire a portion of the Series 1980 Bonds maturing in the years 1985 through 1992, and to call for redemption and pay on October 1, 1�96 a portion of t;�e Serie� 1980 Bon3s matu:ing in ti:e year 2005. To that end, the Borrower has caused to be prepared an Escrow Agreement, to be dated as of May 29, 1985, to be entered into between the City and the Trustee, as escrow bank, by which an Escrow Fund will be established to pay the Series 1980 Bonds as desczibed in this paragraph. A draft of the Escrow Agreement has been presented to this Council and a copy thereof is ordered to be placed on file with the City Clerk. 4. The request of the Borrower to establish an escrow for the payment of a portion of the Series 1980 Bonds is hereby approved. The Mayor and City Manager are authorized and directed to execute the Escrow Agreement and to forward the same to the Trustee for signature, and to take such other actions and execute such other certificates as may be necessary to accomplish this transaction. The Trustee is authoriied and directed, on behalf of the City, to subscribe for United States Treasury Obligations, State and Local Government Series, for the escrow, and to cause notice of redemptiion of bonds maturing in the year 2005 to be published. Mayor City Clerk -2- 1SD ESCROW AGREEMENT between CITY OF FRIDLEY. MINNESOTA and . FIRST TRUS�' COMPANY OF SAINT PAUL as Escrow Bank Dated as of May 29, 1985 1g� 1 iZF THIS ESCROW AGREIIKII�IT, dated as of May 29, 1985, between the City of Fridley, Minnesota, a municipal corporation of the State of Minnesota (the "City"), and First Trust Company of Saint Paul, a national banking association, as escrow bank (the "Escrow Bank"); W I T N E S S E T H: WHEREAS, the City has heretofore issued its Industrial Development Revenue Bonds, Series 1980 (Farmers Union Grain Terminal Association Project) (the "Refunded Obligations"), in the principal amount of ;6,OOO,Q00 pursuant to an Indenture of Trust dated as of October 1, 1980, between the City and the Escrow Bank, as Trustee, (the "Indenture"), of which Z5,475,000 are outstanding as of the date hereof, and these are the only obligations outstanding thereunder; and wHEREAS, the proceeds of the Refunded Obligations were loaned by the City to Farmers Union Grain Terminal Association, a Minnesota cooperative corporation (the "Borrower"), pursuant to a Loan Agreement, dated as of October 1, 1980, to finance the equipping and improvement of property (the "Project"), to be leased by the Borrower to the County of Hennepin, Minnesota (the "County"); and WHEREAS, Section 7.2 of the Indenture provides t�iat the City may at any time pay and discharge any of the Refunded Obligations by depositing irrevocably in escrow, with the Escrow Bank, cash or sAcur�ties which are general obligations �� of the United States or unconditionally guaranteed as to payment by the United States, bearing interest payable at such times and at such rates and maturing or redeemable at the option of the holder on such dates as shall be required to provide funds sufficient to pay or prepay such Refunded Obligations on the dates on which such Refunded Obligations are due whether at maturity or on a date fixed for redemption; and WHEREAS, the Escrow Bank is a bank qualified by law as an escraw agent for the purposes contemplated in Section 7.2 of the Indenture; and wHEREAS, there are moneys remaining in the trust funds under the Indenture which represent proceeds of the Refunded Obligations not expanded for Project costs, together with investment earnings thereon, in the amount of $ , and the Borrower has requested that the City a�d the Escrow Bank transfer from such moneys an amount sufficient to fund the Escrow Fund described in Section 2 hereof; and WHEREAS, the moneys so transferred will be used to purchase certain Federal Securities hereinafter specified which Federal Securities and a certain amount of cash will be deposited with the Escrow Bank and be set apart and irrevocably segregated in a special trust fund sufficient to defease the Refunded Obligations listed on Exhibit A by insuring the payment of the Refunded Obligations to and including the final payment thereof on October 1, 1996, and at the time of such -2- 18M deposit the Refunded Obligations listed �n E�ibit A shall be discharged; and WHEREAS, the Escrow Bank shall take all action necessary to pay and retire said Refunded Obligations in accordance with the provisions hereof; NOw, THEREFORE. in consideration of the foregoing and of the mutual covenants hereinafter set forth, the parties hereto agree as follows: Section 1. The Refunded Obligations maturing in the years 1985 through 1992 shall be paid at their stated maturities, and the Refunded Obligations maturity in the year 2005 shall be called for redemption and redeemed on October 1, 1996, as set forth on Exhibit A attached hereto. Section 2. There is hereby created and established with the Escrow Bank a sgecial, segregated and irrevocable escrow account designated "City of Fridley-Farmers Union Grain Terminal Association, Series 1980 Escrow Fund" (the "Escrow Fund") to be held in trust by the Escrow Bank. The Escrow Fund is being funded by the deposit of ;200 in cash and $1,509,900 in aggregate principal amount of United States Treasury Certificates of Indebtedness, Notes and Bonds -- State and Local Government Series, heretofore subscribed for by the City, by subscriptions, copies of which are attached hereto as Exhibit B (the "SLGS"). -3- 1 �1 According to the report of Dorsey & Whitney, dated May 29, 1985, the SLGS, together with the interest to be earned thereon, and the cash initially deposited in the Escrow Fund will be sufficient and shall be used to pay the Refunded Obligations on and prior to October 1, 1996. Section 3. The deposit made pursuant to Section 2 hereof constitutes an irrevocable deposit for the benefit of the holders of the Refunded Obligations, and the Federal Securities and cash, together with any income or interest earned thereon, shall be held in trust and shall be applied solely in accordance with the provisions hereof. Section 4. Concurrently with the execution of this Escrow Agreement, the Escrow Hank hereby acknowledges that it has transferred from the trust funds for the Refunded Obligations, cash in the amount of ;i,510,100. From such cash deposit, ;1,509,900 shall be immediately used to purchase at par an equal principal amount of the SLGS described in Exhibit B i:��Pto, and the remaining ;200 shall be immediately deposited in the Escrow Fund. Except as provided in Section 8 hereof, the Escrow Bank shall have no power or duty to invest any moneys held hereunder or to make substitutions of the SLGS held hereunder or to sell, transfer or otherwise dispose of the SLGS acquired hereunder except to collect the proceeds thereof at maturity and the interest thereon. —4— 1 iZ•� Section 5. The Escrow Bank shall collect the matured principal of and the interest on the SLGS as the same become due and payable. On or before each payment date on the Refunded Obligations, as specified on Exhibit A, up to and including October 1, 1996, without further direction from anyone, including the City, the Escrow Bank shall, as Trustee for the Refunded Obligations, transfer from the Escrow Fund sufficient funds for the payment by the Trustee of the Refunded Obligations due on said date. Upon final payment of the Refunded Obligations on October 1, 1996, the Escrow Bank shall transfer any moneys then remaining in the Escrow Fund to the Bond Fund for the remaining Refunded Obligation. The Agent will also, not less than 45 days nor more than 90 days prior to October 1, 1996, cause the appropriate notice of the redemption relating to the Refunded Obligations to be published once in substantially the form set forth in the attached Exhibit C, in a daily or weekly periodical published in a Minnesota city �i the first class, or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service. Section 6. The escrow created hereby shall be irrevocable and the holders of the Refunded Obligations shall have an express lien on all moneys and SLGS in the Escrow Fund until paid out, used and applied in accordance with this Escrow Agreement. -5- Section 7. The Escrow Bank also acknowledges receipt of the sum of # , in full payment of the fees and expenses of the Escrow Bank in connection with and for services rendered by it pursuant to this Escrow Agreement. The Escrow Bank shall have no lien whatsoever upon, and hereby expressly waives any such lien or any claim against, any of the moneys or SLGS in the Escrow Fund for the payment of said fees and expenses. Section 8. In order to ensure continuing compliance with Section 103(c) of the Internal Revenue Code of 1954, as amended (the "Code"), and the Treasury Regulations promulgated thereunder (the "Regulations"), the Escrow Hank agrees that it will not reinvest any cash received in payment of the principal of and intetest on the SLGS held in the Escrow Fund, except the reinvestment specified in this Section, unless an opinion permitting such investments is received from nationally recognized bond counsel, which opinion shall specify the permitted investments. Section 9. In January, 1986, and in January of each year thereafter until termination of the escrow for which provision is herein made, the Escrow Hank shall submit to the City and the Borrower a report covering all money it shall have received and all payments it shall have made or caused to be made hereunder during the preceding year. Such report shall also list all obligations held in the Escrow Fund and the amount of money contained therein as of December 31 of the preceding year. -6- 1�K A Section 10. It is recogni2ed that title to the SLGS and moneys held in the Escrow Fund from time to time shall remain vested in the City, but subject always to the prior charge and lien thereon of this Escrow Agreement and the use thereof required to be made by the provisions of this Escrow Agreement. All uninvested money held at any time in the Escrow Fund which is in an amount less than or equal to the maximum amount of insurance coverage then provided by the Federal Deposit Insurance Corporation shall be insured by the Federal Deposit Insurance Corporation, and all uninvested money held at any time in the Escrow Fund which is in an amount greater than the maximum amount of insurance coverage then provided by the Federal Deposit Insurance Corporation shall be continuously secured by direct obligations of the United States of America in a principal amount equal to the amount of such uninvested money in the Escrow Fund which is greater than the maximum amount of insurance coverage then provided by the Federal Deposit Insurance Corporation. It is �;.3erstood and agreed that the responsibility of the Escrow Fund under this Escrow Agreement is limited to the safekeeping and segregation of•the money and securities deposited in the Escrow Fund, the collection of and accounting for the principal and interest payable with respect thereto, and the application of money in the Escrow Fund as herein provided. 6r� 1 �L Section ll. The Escrow Bank shall not be responsible for any recital herein other than recitals as to the Escrow Hank. As to the existence or nonexistence of any fact or as to the sufficiency or validity of any instrument, paper or proceeding, the Escrow Bank shall be entitled to rely upon a certificate signed on behalf of the City by the Mayor or City Manager thereof as sufficient evidence of the facts therein contained. The Escrow Bank may accept a certificate of the City Manager of the City to the effect that a resolution in the form therein set forth has been adopted by the City Council of the City as conclusive evidence that such resolution has been duly adopted and is in full force and effect. The duties and obligations of the Escrow Bank shall be determined solely by the express provisions of this Escrow Agreement and the Escrow Bank shall not be liable except for the performance of such duties and obligations as are specifically set forth herein and therein, and no implied covenants or obligations shall be read into this Escrow Agreement against the Escrow Bank. Section 12. This Escrow Agreement shall terminate when the Refunded Obligations have been paid and discharqed in accordance with the provisions of this Escrow Agreement. If any Refunded Obligations are not paid by the Escrow Bank when due and payable, the nonpayment thereof shall not prevent the termination of this Escrow Agreement. Funds for the payment of -8- 1�M 1 �N any unpaid Refunded Obligations shall, upon termination of this Escrow Agreement, be held by the Escrow Bank under the Indenture for such purposes in accordance with the terms thereof . Section 13. If any one or more of the covenants or agreements provided in this Escrow Agreement on the part of the parties to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and construed to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Escrow Agreement. Section 14. This Escrow Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. This Escrow Agreement shall be governed by the laws of the State of Minnesota. Section 15. This Escrow Agreement shall be binding upon and shall inure to the benefit of the City and the Escrow Bank and their respective successors and assigns. In addition, this Escrow Agreement shall constitute a third party beneficiary contract for the benefit of the holders of the Refunded Obligations. Such third party beneficiaries shall be entitled to enforce performance and observance by the City and the Escrow Bank of the respective agreements and covenants -9- herein contained as fully and completely as if such third party beneficiaries were parties hereto. Any bank into which the Escrow Bank may be merged or with which it may be consolidated or any bank resulting from any merger or consolidation to which it shall be a party or any bank to which it may sell or transfer all or substantially all of its corporate trust business shall, if the City approves, be a successor escrow agent without the execution of any document or the performance of any further act. IN WITNESS WHEREOF, the parties hereto have each caused this Escrow Agreement to be executed by their duly authorized officers and the corporate seal of the City and the Escrow Bank to be hereunto affixed and attested as of the date first above written. (SEAL) (SEAL) CITY OF FRIDLEY, MINNESOTA By Attest: Mayor City Manager FIRST TRUST COMPANY OF SAINT PAUL By � Attest: Its -10- 120 EXHIBIT C NOTICE OF CALL FOR REDEMPTION INDUSTRIAL DEVELOPMEN: REVENUE BONDS (FARMERS UNION GRAIN TERMINAL ASSOCIATION PROJECT) SERIES 1980 CITY OF FRIDLEY, MINNESOTA NOTICE IS HEREBY GIVEN that pursuant to and under the authority of the Indenture of Trust authorizing the issuance of $6,000,000 Industrial Development Revenue Bonds (Farmers Union Grain Terminal Association Project�, Series 1980, of the City of Fridley, Minnesota tthe City), said bonds bearing date of October 1, 1980, the City on October 1, 1996, will redeem and prepay at a price of par plus accrued interest, at the principal office of First Trust Company of Saint Paul, in St. Paul, Minnesota, all those bonds of said issue bearing serial numbers , having stated maturity dates in the year 2005. Interest on all such bonds, whether presented for payment or not, will cease as of said redemption date. Dated: May 29, 1985. C-1 BY ORDER OF THE CITY COUNCIL City Manager 18p L�.� CITY OF f RJ DLFY Pu��c woRKs O�T� 5/10/85 � �ppy ��w Mark Burch, Asst.Dir. iv��ECT � MEMOAANDUM .WKS. RR Crossings at Osborne Rd & 77th Way � . � �� - � �_ PW 85-132 �:T�p� �w�p — - ---� irecto _._._ __ r r _ �� I have been in contact with Mr. Robert Swanson of MnDot several times over the past weeks attempting to have the railroad grade crossings at Osborne Road and 77th Way improved with the new rubber mats. " Mr. Swanson informed me that the original plans for this year did not include installing rubber mats on the two crossings in Fridley. However, after our conversations and other� with the Countyt MnDot has agreed to delay the construction of the Osborne Road Crossing until 1986 to coordinate with the planned County improvement that year and to install the rubber crossing at that time. The improvements to the crossing on 77th way will be limited to signal improvements this year with the grade crossing improvements with the rubber mats taking place in one to • three years when the useful life of the existing asphalt crossing is expended. MLB: jmo 13A RF�O[�lTiON N�. � — 1985 A RE50i�I0N AtTlHORIZIl� ZHE �IISSIONER OF TRANSPORTATION Z�0 ENTER INZG AN AGREII�1'P WITH �E BURLIAXs"IC7N NORZHE�tN RAII�AD �N'�ANY � II�VE �iE RAILROAD Qb06SIl�1GS IId �E CITY OF FRII�,EY. WF4'.RFAS, the Ca�nnissioner of Transportation and the Burlington Northern Railroad Ca�ariy agree to ir�rave the railroad crossings within the City of Fridley; and WHF�2E'.AS, the County Highway De�xirtment is scheduling the imprwement of Osborne Road in 1986; and WI3EREAS, during this improvement the railroad crossing can be improved to include rubberized type crossing materials; and Wf�2F'�S, the second railroad grade crossing in Fridley is at 77th Way; and WHE�tFAS, the crossing still has one or two years of life expectancy; and WH�S, when the crossing is improved it also will be replaced with rubberized type crossing materials; and WHIItF'�AS, the cost of these improvements are not to be borne by the City of Fridley NOW THEREFORE, BE IT RESOLVED, that the City of Fridley requests the Canmissioner of Transportation to enter into an agreement with Burlington Northern Railroad Company for the installation and maintenance of railroad crossing signals at the intersection of 77th Way NE with the tracks of Burlington Northern Railroad Company i.n Fridley, Minnesota, and appointing the Ccxnmissioner of Transportation agent for the City of Fridley to supervise said project and achunister available Federal Funds in accordance with Minnesota Statute, Section 161.36 (1984). �e City's share of the cost shall be 0 percent of the total cost . BE IT FUR'IIiER RES�LVED, that the imprvv�nent of the 77th Way grade crossing will be campleted with rubber type mats; and BE IT �TJR'� RE�.NF�, that the improvement of the County grade crossing on Osborne Road will be oanpleted in conjunction with the road project in 1976 with rubber type mats; and 138 Page 2 BE IT FtJR'IIiFR RF.SOLVID, that in the event that highway imprave�nents necessi tate a rearrangenent of the signal.s at said crossing, the party whose improvement causes said changes will bear the entire cost of the same without obliga tion to the other . PASSID AND AD�PTED BY 7�iE CITY 4�UNCIL OF ZiiE CITY OF FRIIg,EY THIS .r_ DAY OF -- --- ---- ► 1985 . WII,LIAM J . NEE - MAYOR � �4y. SILNEY C. INMAN - CITY CZERR � 3/6/L2 �.''? � �/ ��\� . . •�,,, ry r� DATE FROM SUBJECT POLiCE DEPARTMENT City of Fridley Minnesots MAY 14, 1985 PUBLIC SAFETY DIRECTOR, J.P.H RESOLUTION AUTHORIZING DISPATCH AND USE OF CITY EQUIPMENT AND SERVICES BY CITY MANAGER IN EMERGENCY SITUATIONS MEMORANDUM TO NASIM QURESHI, CITY MANAG ACT X Attached is a resolution on the above subject, accompanied by a letter of explanation from the City of St. Louis Park City Manager, for Council consideration. INFO The authorization for dispatch of equipment and services in emergency situations would most directly affect police, fire and public works. Both Bob Aldrich and John Flora concur with my opinion that favorable consideration by Council on this resolution would be of benefit to the City of Fridley. JPH/sa RESOLOTION NG. _ - 1985 RESOLUTION AUTHORIZING DISPATCH AND DSE OF CITY EQIIIPMHNT AND SERVICES BY CITY MdNAGER IN EMERGENCY SITtTATIONS WHEREAS, the City Council finds that instances have oecurred in the past and can be anticipated in the future wherein there is a danger by fire, hazard, casualty or other similar occurrences taking place or occurring outside the territorial limits of the City of Fridley; and by the suddenness thereof it would be impossible or impractical for the City Council to meet and authorize the dispatch and use of the City equipment and personnel to combat such f ire, hazard, casualty or other simil ar occurrenee; THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota as follo�rs: The Council finds it desirable and necessary to authorize the City Manager or his designee to exercise discretion, considering at all times and in each case the internal needs of the City of Fridley and its inhabitants, to dispatch City equipment and personnel as deemed necessary to combat such occurrenee Whether it takes place within or without the Fridley City limits. BE IT FURTIiER RESOLVED that such dispateh anc3 use as directed by the City Manager or his designee shall be fully authorized as an aet of the City of Fridley and all provisions for compensation of personnel, rental of equipment, liability insursnce coverage, workman's compensation insurance and all other safeguards and matters pertaining to the City, its equipment and personnel, shall apply ir, each case as if specifically authorized and directed by this City Council at such time, whether or not the governing body or authority of the place in which the fire, hazard, casualty or other similar occurrence exists, has previously requested and provided for assistance and the use of the City of Fridley equipment and personnel under a mutual protection agreement or other type protection agreement With the City of Fridley. FURTHER, the City Manager or his designee shall recall, order and terminate the use of such equipment and personnel When the need for their use no 1 onger exists, or earlier, when at his discretion it appears in the best interest of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1985. WILLIAM J. NEE - MAYOR ATTEST; SIDNEY C. INMAN - CITY CLERK 3/7/1/3 14A 14B _r Of April 19, 1985 Government Administrator Dear Sir: The City of St. Louis Park, through its Emergency Preparedness Director/ Fire Chief, is a member of the Metropolitan Emergency Managers Association (MEMA). A standinq committee of that organization was charaed with the responsibility of determining the most efiicient way of providing assistance to each other in the event of a disaster. � After about six months of investigating the many different Mutual Aid Pacts (Police, Fire, and Pub1ic Works), they determined that the most efficient way to handle most requests for aid would be to leave the present Mutual Aid Pacts as they are. In the event of a reguest for assistance which would involve several different departments, that request should be directed to the administrative branch of the Government. The Committee developed a resolution prototype, to be adopted by each municipality, that would authorize a City Administrator or his designee to send equipment and personnel to assist a stricken area, at their request, in the event of a disaster, with or without a formal Mutual Aid Pact. The City of St. Louis Park adopted this r�esolution on April 16, 1985, I am recomnending it to you for your consideration for your community. If you should have any questions, please feel free to contact Chief John Kersey at 920-3000, ext. 56. Sincerely, . ames Brimeyer, City Manager City of St. Louis Park 5005 minnNonka boul��ard • st. bub park, minn«ota 5S41i • phon� (a1� 4�0 r►.e c�T� O� FR![�L Y OfAECTORATE OF PUBLiC WORKS 16 MEMOF3ANDUM OATE 1'�Y 14 , 1985 fROM D.P.W. John G. Flora, Public Works Direc or TO ACTION INFO• SUBJECT tJacim nurPahi _ Ci tv ht�naoar Chanqe Order #4 - Monette Construction With the near completion of the Police storage garage and walkway system from the Plaza Center to Mississippi Street, we have identified all of the remaining itesns tA complete the work. Originally we did not include the walkway, landscaping, lighting and brick work fran the Fire Station to Mississippi Street because we were concerned with costs. Since the contract was awarded at a savings and only three change orders were initiated, we can now complete the work planned within change order #4 and within the 25$ total contract limit amount. Recornnend the City Council and HRA approve the change order #4 for 524,359 and authorize this work so that we can complete this improvesnent this month. JGF/mh � � CI TY OF F R1 DLEY O�TE 5/10/85 OtRECTORATE OF PUBLIC WORKS e MEMOfaANDUM �` r � ►.M Mark Burch, Asst.Pub.Wks.Dir. iu��tCT . Fridley Garage and Storage Facility Change Order No. 4 18� -- •- o� ..� e�o 'J° �_ � � _ �� TO John Flora, Public Works Direct PW 85-133 .:, �o� ,w o o— - ---� — — — _ _.._ _ __.,� . — In order to oanplete the Polioe Garage and Storage Facility and f inish the landscaping, irrigation and lic�ting in the subject area, the following itens need to be added to the oontract: 1. Furnish and install two additional walkway lights and necessary conduits to Mississipi Street. 2. FL�rnish and install brick pavers in median on 53rd Ave. 3• FZunish and install one additional exit si� with neoessary wiring in garage. 4. Furnish and install six additional brick paver squares in sidewalk. � '' 5. Fl�rnish and install Im�erial Aoney Locus in median on 53rd Avenue and University 5ervice Drive (4" Cal. B& B) 6. fl�rnish and install irrigation systen for trees along University Service Drive 7. FLrnish and install landscaping in 4 planter areas If these itens can be added thru Change Order No. 4, we should be able to oamplete the project within the next two weeks. 6/4/6 0 AJBLIC WORKS IEPAR�Tr D�gineering Divisicn CITY OF FRIILEY Fridley, Minnesota I�ay 6. 1985 F�o:�ette Construction, Inc. 2050 �+fiite Bear Avenue St. Paul, t�v' S5109 SLbject: Q�ange Order �4 Fridley Garage and Storage F'acility Gentlemen: 1SB You are hereby ordered, authorized and instructed to modify your oontract for the Fridley Garage an3 Storage Facility b� ma3ifying the follawing: � a4� •. • .t MM 1. Flirnish and install two 2 additional walkway lic�ts and neoessary conduits to Mississipi Street. 2. F1�rnish and install brick 520 eq. ft. pavers in median on 53rd Ave. 3. FUrnish and install one 1 additional exit si� with , neoessary wiring in garage. 4. fLrnish and install six 216 sq. ft. additional brick p�ver squares in si3ewalk. 5. flir ni sh and i nstal l 9 Lnper ial iioney Locus in median on 53rd Avenue and University 5ervioe Drive (4" Cal. B� B) 6. FLu nish and install irrigation syste� for trees along University Servioe Drive 7. �rnish anci install lan3scaping in 4 planter areas !�! " ; « 53.032.50 5 5.00 S 444.00 S 5.00 S 350.00 51,120.00 59,900.00 ZC)TAL �3A'�IGE ORDF.R #4 (ADDITION) + ORIG 1NAL �NZRAt.`T PRICE C�3AI�E ORDER il (ADDITION) QUINGE ORI)ER #2 (A�DITIDI� Q�i1�i�E OR17ER #3 (ADDIT70N) Q�iANGE ORDER #4 (ADDIT70N) R�VISID aDNg2A(..T AM7UI� :��. I►� 56,065.00 52,600.00 S 444.00 S1,080.00 53,150.00 51,120.00 59,900.00 +S 24,359.00 +5394,700.00 +S 8,740.00 +S 7,331.00 +S 56,436.25 +S 24,559.00 S491,566.25 Page 2 Change Or3er �4 Fridley Garage and Storage Facility Submitted and approved by John G. Flora, Public Works Director on the ► 1985. Preparea by �ecked by John G. Flora, P.E. Public Works Director - - - - - - - - - - - - - - - - Appraved and acoepted this c�y of , 1985 by Monette Cflnstruction, Inc. l�JNEITE Q7IVS'1�UCTION 47. r INC. gl, Title ---------------- Ap�rwed and accepted this day of i4innesota . 6/4/14 1SC day of , 1985 by the City Council of Fridley, Wi1liaQn J. Nee Mayor Nasim M. Qureshi, City [danager �! `' FOR CONCURRENCE BY THE CtTY COUNCIL JMav 20. 1985 �pe of License• CiGARETTE Barry Blower Div. 99 - 77th 4Jay N.E. Fridley,Mn. 55432 Dealer Mfg.Co. 5130 Main St.N.E. Fridley, Mn. 55432 Kurt Mfg. Co. 5280 P1ain St.N.E. Fridley, Mn. 55432 Midwest Super Stop Inc. 8100 E. River Rd. Fridley, Mn. 55432 Perkins Restaurant 7520 University Ave.N.E. Fridley, Mn. 55432 I CARNIVAL Fridley 49er's 6431 University Ave. N.E. Fridley, Mn. 55432 TEMPORARY FOOD PERMIT 49er Roundup 6431 University Ave. tJ.E. Fridley,Mn. 55432 FOOD ESTASLISHMENT Midwest Super Stop Inc. 8100 E. River Rd. Fridley, Mn. 55432 Perkins Restaurant Inc. 7520 Univers�ity Ave.N.E. Fridley, Mn. 55432 llniversity Station Restaurant 7610 University Ave. N.E. Fridley, Mn. 55432 JUNK YARDS Barganin Auto Parts Inc. 7300 Central Ave. N.E. FridTey, Mn. 55432 By: ARA Food Serv. ARA Food Serv. ARA Food Serv. Same Same �1ar1; Burch Mark Burch Same Same Ardys Smith Gerald F. Smith A�proved By: —• �ICENSES James P.Hill Public Safety Director James P. Hill Public Safety Director James P.Hill Public Safety Director James P. Hill Public Safety Director Fees• �12.00 $12.00 �24.00 $12.00 �i James P. Hill $12.00 Public Safety Director James P. Hill Asking Fees to Public Safety Dir. 6e waivered Asking Fees to be 41a i vered $45.00 �45.00 �45.00 �350.00 0 � �' FOA CONCURRENCE BY THE CtTY COUNCIL ,� May 20, 1985 JUNK YARDS CONT. Central Auto Parts 1201 - 732 Ave. N.E. Fri d 1 ey, P1n . 55432 Salvage Center 51 - 37th Ave. PJ. E. Fridley, Mn. 55432 Sam's Auto Parts 1240 - 732 Ave.N.E. Fridley, Mn. 55432 OFF SALE BEER Midwest Super Stop Inc. 8100 E. River Rd. Fridley, Mn. 55432 Snyder Drug#18 6582 University Ave.N.E. Fridley, Mn. 55432 ON SALE BEER University Station Rest. 7610 University Ave.N.E. Fridley, Mn. 55432 REFUSE HAULER Dan's Disposal 309 - 202nd Ave.N.��J. Cedar, P4n. 55011 RETAIL GASOLINE �lidwest Super Stop Inc. 8100 E. River Rd. Fridley, Mn. 55432 USED MOTOR VEHICLES Motor Valet Used Cars 5649 Univerity Ave.N.E. Fridley, Mn. 55432 �ensfeldt's Automotive Inc. 7363 Baker St. P�.E. Fridley, Mn. 55432 Thomas D. Flaherty James A. Dowds Stanley Giddings Super Stop Snyder Drug Stores Inc. Ardys J. Smith Daniel E. Johnson Same John Pomavi�le Ronald Rensfeldt 17A -- LICENSES Page 2 James P. Hill Public Safety Director James P. Hill James P. Hill Public Safety Director Richard Larson James P. Hill Public Safety Director James P. H�ill Public Safety Director $375.00 �375.00 $375.00 $60.00 $60.00 �375.00 $75.00 $60.00 $150.00 $150.00 r FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES 17C � MAY 20, 1985 LA�CK'IOPPING OONrAICT PEEL9aN APPF�VED BY ai rf ax Asphal t Inc. 1832 Sugar Lane Darrel Clark ogers, NN 55374 By: John Pfaff Chief Building Ofc. uaranty Heating Co. 1741 Elm Creek Road sseo, NN 55369 c�aestern Mechanical 03 Davenport aine, NgV 55434 �rthwestern Service, Inc. 296 Territorial Road • t. pau1, NN 55114 iccar Heating 095 - 162nd Lane N.W. noka, NN 55303 ncon Corporation 2400 Princeton Avenue avage, NN 55378 . J. Arndt Construction Co. 80 8 Sherwood Raad inneaPolis, !�V 55432 esicpzer Pools by Vossen .0. Box 504 5950 Welcome Avenue rior Lake, M3 55372 agan Construction, Inc. 771 Yankee Doodle Road ;agan, NN 55121 �terior Design Studio 109 Grand Avenue �t. Paul, [�I 55105 ' & D Builc7ers Inc. 355 Greenbrier Circle �t. Paul, NN 55117 By: R. Ries By: Randy Strain By: Patricia Renner By: Jeff Arent By: A. H. Stephani By: Marlan Arndt By: Jim Vossen By: Larry D. Greli By: Bruoe Johnson By: Joseph Ublanski 9 William Sandin Plbg.-Htg. Insp. William Sandin Plbg-Htg. Insp. William Sandin Plbg.-Htg. Insp. William Sandin Plbg.-Htg. Insp. Darrel Clark C7�ief Building Ofc. Darrel Clark �hief Building Ofc. Darrel Clark Qiief Building Ofc. D�rrel Clark Cl�ief Building Ofc. Darrel C1ark Chief Building Ofc. Darrel Qark Q�ief Building Ofc. _ FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES 17D ' MAY 20, 1985 Ken-Rote Contractors 151 Silver Lake Road D�rrel Qark New Bric,�ton, N¢J 55112 By: Ren Anderson Qiief Builcling Ofc. Netko Bros. Roof ing 3446 Russell Avenue North Minneapolis, NAi 55412 panelcraft af Minnesota 2309 Snelling Avenue Minneapolis, NN 55404 By: Rick Netko By: Gary Robideau Quality Contracting 4700 Independence Avenue North New Hope, NN 55428 By: Roger Fediner Sussel Corporation 1920 Como Avenue St. Paul, NN 55108 T. G. Hane Builders, Inc. 1200 Collen Street Wycming, NN 55092 T. J. Roof ing �5 Iru�er Drive Circle Pines, NII�I 55014 Ofc. By: Alf Wilk By: �hcxnas Gay By: TerLy Jorgenson ZWin City Storm Sash Co., Inc. 2641 Louisiana Avenue South Minneapolis, NAI 55426 By: Sam Rozman Volp Construction Co., Inc. 14000 - 21st Avenue North Plymouth, NN 55441 HFATI� Danestic Mechanical 9110 Grand Avenue South Bloanington, F�1 55420 C�aaranty Heating Co. 11741 Elm Creek Road Osseo, NN 55369 Mic�estern Mechanical 9103 D�venport Blaine, MV 55434 Northwestern Service, Inc. 2296 �erritorial Raad St. Paul, NN 55114 By: James Volp By: Randall Peterson By: Ray Ries By: Randy Strain e By: Patricia Renner D�rrel Qark Q�ief Building Ofc. Darrel Cllrk C�ief Building Ofc. Darrel C1ark Q�ief Building Ofc. D�rrel Clark Chief Building Ofc. L�rrel Clark Qzief Building Ofc. D�rrel C1ark Chief Building Darrel Clark Cllief Building Ofc. Darrel Qark Chief Building Ofc. William Sandin Plbg.-Htg. Insp. William Sandin Plbg.-Htg. Insp. William Sandin Plbg-Htg. Insp. William Sandin Plbg. -Htg. Insp. � FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES 17E MAY 20, 1985 MASOI�II3Y Be3Udett'S MasOnry 1817 - 121st Avenue N.E. Blaine, NN 55434 Dayco Concrete 1340 Park Road Chanhassen, NAI 55317 �� D & R Roof ing 1601 Reaney Avenue St. Paul, !�I 55106 STQ] ��R Nordquist Sign Compary 312 West Lake Street Minneapolis, NN 55408 By: Tim Beaudett By: David Brockpleler By: Daniel Nadeau By: Richard Nordquist Signcraf ters Outcbor Display, Znc. 7775 Main Street N.E. Fridley, NN 55432 By: James Stafford � Doty & Sons Inc. 620 - 39th Avenue N.E. Minneapolis, Mn 55421 FYidley Assembly of God 472 Osborne Road N.E. Fridley, NN 55432 By: Patrick Doty ZWo Trailers 9 D�rrel Clark Q�ief Building Ofc. Darrel C1ark Cl�ief Building Ofc. D�rrel Qark Q�ief Building Ofc. Uarrel Clark �ief Building Ofc. Darrel Clark Chief Building Ofc. D�rrel Clark Q�ief Building Ofc. Fee Waived + FOR CONCURRENCE BY THE CITIf COUNCIL -- CLAIMS �� May 20, 1985 CLAIN'�S #2381 - �2656 _._._� 8 � r FOR CONCURRENCE BY THE CITY COUNCtL May 20, 1985 Abne tte Q�nstr ucti on 2050 White Hear Avenue St. I�ul, irN 55109 • � �bliae Garage and Storage Faccsllity i�rtial E�imate No. 8 . . . . . . . . . . . . D. H. B,lattner i Sons One South watx�sria Navy Isl arid St. � ul , !rN 5S107 -- ESTIMATES 19 $ 8,600.00 lbore Lake Restoration Praj ect, Ft�ase II Partial Estimate No. 2 . . . . . . . . . . . . $ 31,350.00 O�ncrete Qirb CbmpQr�y 771 I��hird Lare Burnsville, M�t 55337 Misc. Cbncrete C�rb, Gutter and Sidewalk Partial f�timate No. 1 . . . . . . . . . . .. $ 8,540.98 . ., Hickok and Associates 545 Indian Mbt�d Wayzata, trN 55391 Moore Lake RP�t�ration Prajec* Phase II - Inspec*ion II Prafessional Servioes Fbr Peziac3 F�ding Ap�ril 3Q, 1985 ...... S 98.52 0 u