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TY COU N CIL � JUNE 3, 1985 - 7: 30 P. b;, Follawing are the "ACTIONS TAKEN" bj� the Achninistration f or your i nf ormati on. .. . . . • � � Council Meeting, l�1ay 20, 1985 Minutes approved as written :�•' •� • ��: Item Added: Food License for 49' er Days •' ► •: � •: ( Consi der ata on of Items not on Agencia - 15 Nli nutes) . �; : � Public Hearing on Final Plat, P.S. #85-01, Landnazk Addi ti on, by Rober t McAdam . . . . . . . . . . . . . . . . 1 - 1 E Hearing opened at 7:55 P. M. Closed at 8: 18 P. M. PUBLIC WORRS--ACTION TAREN: Fi nal Pl at pl aced on next agenda for consideration of approval Council Meeting, June 3, 1985 ' • :: ► •� � -. Pa g e 2 Public Hearing on the Issuance of a Regula: On-Sale Beer License to Duds 'N Suds (7928 University Ave. NE) .. 2- 2 B Hearing Opened at 8:15 P. M. Closed at 8:18 P. M. License was approved under "Licenses" cFNTRAr• SERVIGE--ACTION TAREN- Informed appZicant of Council approval of license �i � : , Discussion Regarding Bl�e Be31 Ice Cream Sales ...... 3- 3 B Council adogted three related ordinances concerning this item on first reading, and give Blue Bell the authority to operate their bell cENTRAi• SERVICE--ACTION TAREN: Prepareed ordinances amending Chapters 14, 16, and 124 for second reading at next meeting (Correct titles according to standard formatj and informed Police Department that they can operate thei r bell in Fri d3 ey Consideration of Request for Special i3se Permit, SP #85-01, to Allow Rule 36 Residential Mental Health Proaram for Anoka Cour�ty, Community Options Ltd., 5378-�384 -�th Street NE, by Renae Hanson (Tabled 4/15/8� � 5/20/85) . . . . . . . . . . . . . . . . 4 - 4 X Req uest` deni ed by vote of 3 to 2 PUBLIC WORRS--ACTION T KEN• Applicant informed of Co un ci 1 deni al of req uest Council Meeting, June 3, 1985 Page 3 • � � •� � -•i� Consideration of Special Use Permit, SP #84-07 to Vary Building Location, 6875 University Avenue NE, Woodcrest Baptist Church (Tabled 5/20/85) . . . . . . . . . . . . . . 5 - 5 F Appr ov ed w i th st i pul ati on PUBLIC WORRS--ACTION TAREN: Applicant informed of Council approval with stipulation Consideration of Second Reading of an Ordinance to Vacate a 7 foot Drainage and Utility Easement, 67 47 Washi ngton Str eet, NE, Arnol d M. Kuhnly ....... 6 Ordi nance No. 833 adopted PUBLIC WORKS--ACTION TAREN : Appl i ca nt i nf orm ed CITY MANAGER--ACTION TAKEN: Published ordinance in Fridley Focus J \ � \ Consideratiar� of First Reading of an Ordinance Recodifying the Fridley Code by Amending Chapter 214 Entitled "Signs" . . . . . . . . . . . . . . . . 7 - 7 B Ordinance adopted on first reading PUBLIC WORRS--A�TION TAREN: Item placed on next agenda for consideration of second reading � Council Meeting, June 3, 1985 Page 4 � �I. ► •� � -. Consideration of First Reading of an Ordi:. ::ce Recodifying the Fridley Code by Adopting a New Chapter 20 8 Enti tl ed "Satell ite Di sh Antenna Regul ati ons" . . . . . . . . . . . . . . . . . . . . . . . . Ordinance referred to any satellite dish companies in community for comment PUB,yI��TflRRS__ACTION TAKEN: Have forwarded copies of rr ono se c:,� d� :.:.: � e to compani es. On agenda of J uly 1. Consideration of First Reading af an Ordinance Recodifying the Frir3ley City Code by Amending Chapter 113 Enti tl ed "Ref use Di sposal" by Renaming i t "Solid Waste Disposal and Recycling Collection" by Adding Sections 113.08 and 113.10 and by Amending Sections 113.01, 113.02, 113.04, 113.05, 113.06, 113.07, 113.09, 11 : .11, 113 .12 and 113 .13 . . . . . . . . . . . . . . . . . . Ordinance adopted on first reading with amenc�nent deleting Sect:un 113.09 (# 2 and #3) PUBLIC WORRS--ACTION TAREN: Will delete section as amended and put or: next agenda for second reading Receiving the Minutes of the Planning Commission Meeting of May 22, 1985 . . . . . . . . . . . . . A. Consideration of Special Use Permit, SP#85-03 to Allow Parking Lot Expansion, Friciley Convalescent Home, 7590 Lyric Lane NE, By Betty J. Wall, and Receiv ing Peti ti on ::o. 9-1985 Opposing Proposal and Petition t�o. 10-1985 Opposing Access off Lyryc Lane....... Planning Commission Recommendation: Approval with Stipulations Souncil Action Needed: Consideration of Recor.u:endation Co��ci� approved with stipulations and deni ed a ccess of f Ly ri c Lane ri3BLIC WORRS--ACTION TAREN: Appl icant inf ormed of Council approval with no access on Lyric Lane� . . . . . . 10 - lOG & lOV - lOGG 8 - 8 C 9 - 9 H 10 - 10 SS Council Meeting, June 3, 1985 ► 7�. ► • � � - . (Plannin-u, Commission Minutes Continued. B. Consideration of Special Use Permit, SP #85-04 to Allow Construction of a Second Accessory Building, 4565 - 3rd Street NW, by Lance A. Lindman .......: ................................. Planning Commission Recommendation: Approval with Stipulations Council Action Needed: Consideration of Re corunendati on Approved with stipulations PUBLIC WORKS--ACTION TAREN: Appl icant informed of Council appzoval with stipulations C. Consideration of Iter�s from Appeals Commi ssi on Meeti ng of May 14, 1985 : C-1. Request for Variance to Reduce Required Front Yard Setback, to Allow Construction of New Dwelling with Attached Garage, 5202 Pierce Street NE, Patrick & Arlene Finn ................. �ppeals Commission Recomnendation: Denial of Variance 35' to 15' . Approval of Variance 35' to 25'. 10 G - 10 I & lOHH - lOII lOL - lOP & lOJJ - lOLL Council Action Needed: Consideration of Recommendation Council aggroved variance PUBLIC WORRS--ACTION TAREN: Applicant informed of Council approval of Variance from 35'to 15' � Pa g e 5 Council Meeting, June 3, 1985 � � � •� � -. (Planning Commission Minutes Continued) C-2. Request f or Variance to Reduce Side Yard Setback f or Attached Garage, to Allow Detached Garage to be Attached and Increase Size, 5272 Horizon Drive NE, Joe Peregrin .............. 8�oeals Commission Recommendation: Denial Council Action Needed: Consideration of Recommendation Approved with stipulations PUBLIC WORRS--ACTION TAREN: Appl icant inf ormed of Council approval with stipulations C-3. Request for Variance to Reduce Rear Yard Setback tQ Allow Attached Garage, 711 Marigold Terrace, Theodore A. Day............ 8�peals Commission Recommend tion: Approval 3 to 1 Council Action Needed: Consideration of Recommendati on Council approved variance PUBLI C WORRS--ACTZON TAKEN : Appl i ca nt i nf orm ed of Council approval of variance r lOP - l0R & 10 MA1 - 10 NN lOR - lOT & 1000 - lOQQ Page 6 � Council Meeting, June 3, 1985 Page 7 ► �I, ► • � � - • Pl anni ng Commi ssi on (Conti nued) C-4 . Req uest f or Vari ance to Reduce Side Yard Requirement to Allow Attached Garage, 940 Pandora Drive, Donald Froom .................. BDAea�s Commission Recommendation: Denial co�ncil Action Needed: Consideration of Re oomm enda ti on Req uest deni ed pUBLTG WORRS--ACTION TAR� Appl icant inf ormed of Council denial of variance lOT - l0U & lORR - lOSS Receiv ing Peti ti on No. 6-1985 f or Removal of No Parking Signs on ?th Street Between 61st and 63 rd Avenue . . . . . . . . . . . . . . . . . . . . Petition received. Staff to remove signs PLBL•TC WORRS--ACTION T�REN: Signs will be removed by . . . 11 - 11 B street department Receiving Bids and Consideration of Awarding Contract for £lectranic Voting System. . . . . . . . . . . . 12 - 12 A Bids received. Contract awarded to Thornber Election Sy st em s �,F'NTRAI. SERVTGE--ACTZON TAR�N: Inf ormed all bi dder s of Council award i Receiving Bids and Consideration of Awarding Contract for Street Improv�nen� Project, ST 1985-10 (Seal Coat) ... 13 - 13 A Bids received. Contract awarded to All ied Blacktop Com pa ny piJBLI WORRS--ACTION TAREN: Bidders informed of Council award Council Meeting, June 3, 1985 � � �. ► •, � -. Pa g e 8 Receiving Bids and Consideration of Awarding Contract for 1985 Mississippi Street Irrigation Project ....... 14 - 14 A Bids received. Contract awarded to Albrecht Irrigation 4UBLIC WORRS--ACTIDN TAREN: Bidders informed of Council award Receiving Bids and Consideratian of Awarding Contract f or 1985 Mi ssi ssi ppi Str eet Landscaping Proj ect. ...... 15 - 15 A Bids received. Contract awarded to Lino Lakes Landscaping PUBLIC WORRS--ACTION TAREN: Bidders informed of Council award Consideration of a Resol�tion Authorizing the City to Enter into Agreement with the City of• St. Paul Board of Water Comrnissioners (Fifth Rider) . . . . . . . . . . . . . . 16 - 16 B Resolution No. 54-1985 adopted PUBLIC WORRS--ACTION TAREN: Will have agreement executed and forwarde6 to appropriate parties �' Council Meeting, June 3, 1985 Page 9 � . �I. ► • r � - . Consideration of a Resolution Condemning Certain Properties Involving Right-of-Way, and Obtaining Certain Titles at 57th & University Avenues. ........ 17 - 17 D Resol uti on No. 55-1985 adopted puBL•IC WORRS--ACTION TAK� Will proceed with condemnation and obtaining titles as authorized Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . 18 - 18 A Appr ov ed ('_F.NTRAL SERi7ICE--ACTZON TAREN: Paid estimates C1aims . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Appr ov ed CF.NTRA1. SERVIGE--ACTION TPREN: Paid claims Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . 20 - 20 B Added Food License for 49' er Days and waived their fee. Other licenses approved CENT L SERVICE--ACTION TAREN: Issued iicenses g JD OURN: 12 : 35 A. M. COUNCIL MEETING. JUNE 3. 1985 [' : IT[�:��i��►� + ► ► � 1i PUBLIC HEARING ON THE (SSUANCE OF A REGULAR ON-SALE BEER LICENSE TO DUDS 'N SUDS (7928 UNIVERSITY AVE. NE) .. � 1 : ► DISCUSSION REGARDING BLUE BELL ICE CREAM SALES ...... CONSIDERATION OF REQUEST FOR SPECI�,L USE PER�',IT. SP �85-01 . TO �4LLOW RULE 36 RE S I GEt�T 1 AL P�1EPvT�,L HEALTH PROGRAM FOR ANCKA COUP�TY. COMMUNITY OPTIONS LTD.. 5378-5384 - 5TH STREET NE. BY RENAE HANSON ( TABLED 4/ 15/85 g 5/20/85 ) . . . . . . . . . . . . . . . . PAGE 2 2-2B 3-3B 4 - 4 X COUNCIL MEETING. JUNE 3. 1985 � 1 : ► •► ► � PAGE 3 CONSIDERATION OF SPECIAL USE PERMIT. SP #84-07 TO VARY BUILDING LOCATION, 6875 UNIVERSITY AVEtvUE NE, WOODCREST BAPTIST CHURCH (TaBLEB 5/2B/85). . . . . . . . . . �. . . . 5 - 5 F CONSIDERATION OF SECOND READING OF Afv ORDINANCE TO VACATE A 7 FOOT DRAINAGE AND UTILITY EASEMENT. 6747 WASHINGTON STREET. NE. ARNOLD hl. KUHNLY ....,.. 6 ► % 1 CONSIDERATION OF FIRST REACING OF AN ORDINANCE RECODIFYING THE FRIDLEY CODE BY ANENDING CHAPTER 214 ENT I TLED ��S I GNS" . . . . . . . . . . . . . . . . 7 - 7 B COUNCIL MEETING. �UNE 3. i985 : � •� ► � CONSlGERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CODE BY ADOPTING A NEW CHAPTER 208 ENTITLED °SATELLITE DISH ANTENNA REGULAT I ONS" . . . . . . . . . . , . • • • • . . . . . . . . CONSIDERATION OF FIRST READING OF AN ORDINANCE P,ECODIFYING THE FRIDLEY CITY CODE BY AN�ENDING CHAPTER 113 ENTITLED ��REFUSE DISPOSAL�� BY RENAMING IT ��SOLID WASTE OISPOSAL AND RECYCLING COLLECTION�� BY ADDING SECTIONS 113.08 AND 113.1(� AND BY AMENDING SECTIONS 113.01, 113.02, 113.04, 113,05, 113.06, 113.07, 113.09, 113, 11, 113.12 AND 113. 13 . . . . . . . . . . . . . . . . . . RECEIVING THE MIt�UTES OF THE PLANI�ING COMMISSIGN h1EET I NG OF MAY 22. 1985 . . . . . . . . . . . . . . . . . . . A. CONSIDERATION OF SPECIAL USE PERh'IT, SP�85-D3 TO ALLOW PARKING LOT EXPANSION. FRIDLEY CONVALESCENT HOME, 7590 LYR�c LANE NE, BY BETTY �. WALL. AND RECEIVING PETITION N0. 9-1985 OPPOS�hG PROPOSAL AND PETITIOt� N0. 10-1985 OPPOSING ACCESS OFF LYRIC LANE....... P14NNING COMMISSION RECOMMENDATION; APPRCVAL WITH STIPULATlONS COUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMEhDATION 10 - 1QG $ 1�V - 10GG PAGE 4 . . . . • s ■ 10 - 12 SS COUNCIL MEETING. �UNE 3. 1985 : ► �►�•� • ► ► � a (PLANN1hG COMh11SSI0N MINUTES CONTINUED) B. CONSIDERATION OF SPECIAL USE PERNIT, SP #85-04 TO ALLOW CONSTRUCTION OF A SECOND ACCESSORY BUILaiNG, 4565 - 3R� STREET NW, BY LANCE A. LINDMAN .......................................... 10 G - PLANNING COMMISSION RECOMMENDATION; APPROVAL 8 10HH — WITH STIPULATIONS COUNCIL ACTION NEEDED: CONSIDERATION OF RE COt�1MEP�DAT I ON C. CONSIDERATfON OF ITEMS FRON, APPEALS �OMh11 SS I ON MEET � NG OF M4Y 14 . 19�5 : C-1. REQUEST FCP. VARIANCE TO REDUCE REQUIRED FRONT YARD SETEACK, TO ALLOW CONSTRUCTIO�J OF NEtn� DwEL!iNG WITh AT7�CNEC GARAGE. 5202 PIERCE STREET NE. PATF�ICK 8 ARLENE FiNn ................. APPEAL� CO'�"''SSION RECOMMENDATION: DENIAL OF VARIA��CE 35� TO 1�'. �PPRCVAL OF UQRIA.NCE 35� To 25'. �OUNCIL ACTION NEEDEJ' CC��SIDERATI��: ^� R� CC�"�'E�:�aT I UN lE I 1�1 I 10L - 1fGP g 10JJ - 1 �LL PAGE 5 COUNCIL MEETING, �UNE 3. 1985 NEW BUS I NESS ( Cc�NT ► r; t,�E D) (PLA��ING COMMI�SION MINUTES CONTINUED) C-2, REQUEST FOR VARIANCE TO REDUCE SIDE YARD SETBACK F0=' AT?�CHE� GA.R�GE • TO ALLOI�J C�ETACHED GARA'GE TO BE ATTACHED AND INCREASE SIZE, 527Z HORIZON DRIVE NE, JOE PEREGRIN .............. PPPEALS COMMISSION RECO��"EN�'TlCN; DE�I�L COUNCIL ACTION NEEDED; CONSIDERc,TICr; �F RECON�r•�E��DAT I ON C-3. RE�ULS� FCR VARIANCE TO REDUCE REAR YARD SETBACK TG ALLOW ATTACHED GARAGE. 711 MARIGOLD TERRACE. THEODORE A. DAY..........,. APPEALS COMMISSION RECOMMENDATlON; APPROVAL 3 zo 1 COUNCIL ACTION NEEDED: CONSiDERATiON OF RE COMhiENDAT I ON n 1PP - 1[^R 8 1PMh' - 1PNN 10R - 1�T $ 1000 - 10QC� PAGE 6 COUNCIL MEETING. JUNE 3. 1985 t � ► •► ► � PLANNING COMMISSION �CONTINUED) C-4. REQUEST FOR VARtANCE TO REDUCE SIDE YARD RE�UIREMENT TO ALLOW ATTACNED GARAGE. 940 PAtvooRA DRIVE. DONALD FROOM .................. 10T - 10U APPEALS COMMISSION RECOMMENDATION: DENIAL g 10RR - 10SS �OUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION PAGE 7 RECEIVING PETITION N0, 6-1985 FOR REMOVAL OF NO PARKIhG SIGNS OtJ 7TH STREET BETWEEN 61ST �NO 63RC AVENUE . . . . . . . . . . . . . . . . . . . . . . . 11 - 11 B RECEIVING BIDS AND CONSIDERATION OF AWARGING CONTRACT FOR ELECTRONIC VOTING SYSTEM. , . . . . . . . . . . 12 - 1L A RECEI�VING BIDS AND CONSIDERATION OF Aw`ARDING CONTRACT FOR STREET IMPROVEMENT PROJECT. ST 1985-10 (SEAL COAT) ... 13 - 13 A �OUNCIL MEETING, JuNE 3, 1985 [� � : ► •► ► � Pa�E 8 RECEIVING BIDS AND CONSIDERATION OF AWARDING CONTRACT FOR 1985 M�SS�ss�PP� STREET IRRIGATION PROJECT ....... 14 - 14 A RECEIVING BIDS AND CONSIDERATION OF AWARDING CONTRACT FOR 1985 MISSISSIPPI STREET LANDSCAPING PROJECT. ...... 15 - 15 A CONSlDERATION OF A RESOLUTlON AUTHORIZING THE CITY TG ENTER INTO AGREEMENT WITH THE CITY OF ST. PAUL BOARD OF WATER COMM�ISSIONERS (FIFTH RIDER) . . . . . . . . . . . . . . 16 - lE B COUNClL MEETING. JuNE 3, 1985 PA�E 9 CONSIDERATION OF A RESOLUTION CONDEMNING CERTAIN PROPERTIES INVOLVING RIGHT-OF-WAY. AND OBTAINING CERTAIN TITLES AT 577H 8 UNIVERSITY AVENUES. ........ 17 - 17 D ESrIMATES . . . . . . . . . . . . . . . . . . . . . . . . . . 18 - 1� A �LAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . �I L I CENSES . . . . . . . . . . . . . . . . . . . . . . . . . . 20 - 20 B =_� _� � ► THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETIP�G OF P1AY 20 , 1985 �.i ��r�1,�4 • • r.i ; ar. 1 : ; M��a��lr�. • 4:i �+: u. � �1+� ��.i��,« • � �' � �e Regular meeting of the FricIley City O��cil was called to order at 7:35 p. m. b� Mayor Nee. pr.�r;F n� pr.r.FY;TAN('F.; Mayor Nee 1 ed the �tmcil and audi enoe in th e Pl edge of Al l egi ance to th e Fl ag. �3QLL C.�L�L• NENBII2S PRFBII�TT: Mayor Nee, O�uzcilman Gooc�peed, O�tncilman Fitzpatrick and O�Lmcilman Barnette N�NBIItS ABSII�IT: O��mcilman Schr�eider NATTQ�AT. p�lRT.T(` j�RR� y� —[�Y 19 TI�I�H_ 25 j I�_ Mayor Nee statec� he has issc�d a pac�cl.anation �roclaiming the week of May 19 throuc�a 25 as Natiana�. PuY�l.ic Warks Week. He stated it is the Council's desire tc� c�ive rec�c�itioa� to the many individuals who work for the Ci.ty and other g�u��.ic jurisdictions to provide r�eeded public services, quite often in periocls of bad weather and on some oocasions uider �nsiderak�le stress. Mayor Nee stated the O��cil wants to make sure the publ ic wor ks per sonnel knaw the Couzcil is appreciative of �eir work. APPRO�L OF MINUrES BC�RD OF R£vlII�v N�E.TING. N�Y 6, 1985 : N1�TI� k� c'�€,��,r.r�s� �'atz��a��C tc� �� e ��rtes as presented. Sewrr�¢� � �b�eii� �a�rree�.+�� r� � ��i� �:.�� all votir�g a�te, Mayor Nee de�� s�a�e�r: c��:� c��.y� ,� I��TING, I��Y � ., �.�f3� � M7TI�1 b� (J��i� B�xnetta� � a�� '�� r�.�+�� as �eeented. Seoonded b� �a,�� ii��d�� r� � v��.e� ��e, �1 voting aye, Mayor Nee decl�� ..�+� car�� .a��. �� I'p�'it�i }x Q�t�ciZman Fitzpazrick to adopt the agenda as sutmitted. Se�nded b,� da�cllman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee derl ar ed the moti on car ri ed ta�arii.mously . OPF�7 FO�RI]M. VISI'I�ORS • Ms. Irene Vascuka, 5427 4th Street, stated she f el t WCCO tel evi si on -1- ��. 1��M� ��+a�yr,. • • �,. � r p�esented a very �ased film regarding the proposed Rule 36 mental health facility. She stated it was very one sided in fav�or of this facility and in the area where �is facility is proposed to be located, they did not shaw the oenetery. She stated other Froperty in the area was shawn and stated she chch't feel mentally ill people would like looking at a aemetary. Ms. Vascuka stated she felt Mayor Nee should wntact w� to have thesn come out to see �at there is a oanetery located in this ara�. Mayor Nee stated he c�uld oontact then, but cb.dn't feel they would retract any of their presentation. P[iRT.T� HE.ARTN(',.5� 1. HJBLIC fffARING ON A PROPOSED PROJECT AND THE ISSLIANCE OF APPROXIMATELY ,�,] .000.000 II�IDtL�*rRTAr. DE,VIIDPNIE�I� REi�IIQtJE BC�IDS (OI�2 RFALTY mRPORATION) : 1�DTION by O��ncilman Barnette to waive the reading of the public hearing notioe and open the public hearing. Sevonded by Gouncilman Fitzpatrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried �manimously and the puhlic hearing opened at 7:47 p.m. Mr. Irman, City Clerk, stated this proposed project would consist of a 75,000 s�uare foot addition to be leased for manufacturing, machining, and processing at the present Strit�Andereon facility at 7585 Viron Road. He stated the project calls for the issuance of $1,000,000 in industrial c3�velognent revenue bonds. He stated, with this addition, 50 new jobs would be created with an annual payroll �$1,000,000 and an increase in the tax 4ase for the City. Mr. Inman stated First Bank of Southdale has reviaaed this proposal and have _ indicated the� are in favor. He stated staff has reviaaed the ptans and__it' meets the criteria for industrial rev�ue financing and �vuld, therefore, re�nunend apprwal. 1�DTIG�I b� �incilman Fi tz patr i ck to receiv e the 1 etter f rom Gene Cross, Assistant Vice President � the First Bank of Southdale, in which they speak in favor o£ this �oject. Seaancied b� O�ulcilman Goodspeed. Upon a voice vate, all voting aye, I�hyor Nee declared the mati� carried �manimously. Mr. Mal Blancilard, CY�ief F�cec�ative 4fficer for Strite-Anderson stated the oompany mwed here in 1966 and since that time their building has cgawn from 40,000 square feet to 75,000 s�uare feet. Ae stated they are proposing to ex�nd to cbulale the spac�e mw availal�].e. Mr. Blanchard stated the a�mpany has some 80 customers which gives then a braad range c� different �nsuner proc�.icts. He stated Str�te-Anderson has never had a setback, as far as eoono�nics is o�noerned, and f el t it was_ _�3ue to their key asset whidz is their englv�ees. He stated the oompariy is the first to have wcmen running die cast machiries and the first wanan plant manager. -2- �� I, M yl�i�y�\. � ' �r. ( Mr. Blanchard stated they are a uiique �npany as they have m marketing and no sales representatives in the field. He stated they receive customers throuc� their aan rewc�i.tion. He stated thc� have been delivering products to �M for two years without any rejects and have reoeived a Vendor of tize Year psaard from IBM. Mr. Blanchard stated Strit�Anderson delivers quality merchandise in a minimun anotu�t of time. Mr. Slanchard stated, with their pc�oposed addition, they plan to lease spave to satellite uendors who are specialists in their field. He stated Minneapol is IIzcpneering woul d be one of the vendor s and th ese compani es would be cbing the enc�r�eering and Strite-Anderson the die casting. Mr. Blanchard stated he felt Fric�ey is a good place to work and thrive. He stated the states of Nebraska, South D�akota, and North Dakota have all visited their glant seeking heavy i.r�dustry in the hic� tech area for their states. He stated Strite-Anderson likes Minnesota, haaever, he would 1 ike to see same dzanges in the worlQnen's o�mpensation lasas. He stated they have no iritent to change where they are frcm or where they are going. Mayor Nee stated he felt L�ringing in the satellite oompanies was a marvelous idea. No other pers�ns in the audience spoke regarding the proposed issuance of these industrial developnent revenue bonds. NDTION b� O�tncilman Fitzpatrick to close the public hearing. Se�nded by �i.mcilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carriec7 iaLanimausly and the public hearing closed at 7:58 p.m. OLD BUSINESS• 2� mj1$T�I ERATT�j OF �L�L�=�' F�OR SPE�?Ar. [LS_F. p�MTT, Sp #85-01, i�0 ALL�W RULE 36 �T�i ��'TAT. jKQ�*iAT j�Fni.TH P1mC_RAM FOR A1�KA mL1�I'Y.� dDMM[JIQITY OPTIONS L.'i'�. . ,5378-5384 5'i'N �t�RFF'�' NE. BY R�E HAN90N (TABLID 4/15185) : Mayor Nee stated a request was reoeived t� Q��.ncilman Schneider to postpone this u1ti1 �e J�e 3, 1985 meeting. NDTION b� O��cilman Gooclspeed to oonti nue thi s i tem to the J une 3, 1985 meeting and r�otify, by mail, iriterested parties. Seoonded by Councilman Barnette. Upon a voioe vote, all vating aye, N�yor Nee declared the motion carried �ulanimously. Ms. l�irgaret Otten, 5311 4th Street, stated she will be u7a41e to attend the Jtne 3 meeting so wished to make some oomments regarding this proposed m�tal heal� facility. I�.s. Otten requested the O��cil take into oo�nsiaeration interpretation of exemptions from the Human Rights Act, Article 12 of the Minnesota O�nstitutian, and Amenc�nent 9 of the U. S. Q�nstitution, which she read. She stated u�l.ess the words mean something other than what she has read, it appears all persons are equal. -3- ��.i��Mr „��+��r�. • ' �': Z7��I�� Mr. Otten stated the peogle in this residential area claim their right not to have an industrial medical. facility plaoed in their neighborhood. She stated they otrject to any industry in their residential area. She stated the r�ntally ill already have the right to live here or they can go to a treatment facxlity. She stated they d4 rr�t have the ric�it to denand their avn industrial medi.cal facility in a residential area where residents op�ose it. She stated this facility could be located in an industrial or o�iunercial area, as their neic�borhood cbesn't want to beaoane an industrial zone. Ms. Otten skated the questiori was asked if �operty values would go down if this facility is located in the residential area. She cited a case in Greersaich, Q�nnecticut where t2iis has occured. Ms. Otten asked the local officials to defend them and their right to preserve their resideritial area. �� 1� yi�: M ��\ • : �/. �� : 4�� : \�� _�'�� ' i�. ��.� � �i'�Al �� _� + � V � . ' Mr. Flora, Pu41ic Works Director, stated the O��cil reoeived these bids at the last meeting, but the wntract was mt awarded pending notif ication by Burlingtorr-Northern Railroad whether the� wished to prooeed. Mr. Flora stated Burli.ngton Northern has decided to �ooeed with the proj ect and staff would re�mend the Y.ii.d be avarded to the low bidder, Hydro-Con, Inc. in the ano�t of $123,456.78. NDTIOt�] b� O��cilman Fitzpatrick to award the oontract to the laa bidder, Hydro-Con, Inc. in the ano�mt of $123,456.78 for Water and Sewer Project #150. Seannded b� O��cilman Barryette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �animously. ��,� � �; . 4� �� ; .4 ; � • �4; � ��' �•�1I�u�� ' ;�� :4 � " � + � v u �� r�. � u: • Mr. Flora, Pub].ic Works Director, stated the ��cil reveived these bids at the last meeting, but di.d not award the oontract pending notification by Burlington-Northern Railraad whether they wished to proceed. He stated the rail road has responded and they wish to prooeed with the proj ect He stated staff would recvmnend the �ntract be awarded to the laa bidder, H&S Asphalt in the ano�t �$337,565.25. M�TION by Gouncilman Barnette to award the bid for Street Improvanent Project ST 1985 - 1& 2 to H& S Asphalt, Inc. in the amo�t o� $337,565.25. Seoonded b� O��ncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried islanimously. -4- 5. •� t� M� �I�I�yI�, f' �'; 1 ��d �'Jlie_��+ � � �� _i� ,, � e+ �� +i\�/i �� e � ��1� ��: �� @' : �� / M�► �'; v��+�� • ' .�: r� �.��► �W: � � : ; �! � v ;l !.i�� NDTION by Councilman Gooc]speed to waive the reading and approve the ordinanoe �n first reading. Seo�nded b� O��cilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �animously . . ; «��Ir�. �, �n�l �4_ • 4*� � : �h� �. !�,��ur . �.� �i ��l �. • �� • : . �� I; L � \ • �4 : .� � : ►��.0 : � , : �� \ ;,�.: ;� v..' �: u ND'I'ION b� Cb�cilman Fitz�atrick to set the pu4lic hearing on this glat for Jtme 3, 1985. Seo�nded b� O��mcilman Goodspeed. Upon a voioe vote, all voti ng aye, Mayor Nee decl ar ed the moti on c.arri ed �m�animously . : : ; �r �, • •;,• y., a�. •; � ,►�,.± ;_ •.. al* �. 4, �c 1� � « M �� : �� . ; �ta,� �,�: � �; � �+�,� 4 �+� .t �+� ��4;,• : �i� ; : . �. • � �.�; � �+� � � �+�� ; �4 NDTTCN b� O��cilman Fitzpatrick to receive this proposed amendment for review. Se�nded b� Cb�cilman Goodspeed. Upon a voice vote, all voting aye, lrhyor Nee declared the motion carried unanimously. . �� n�+;; �,� • •;��.�: • r� � :� a�; � , ,�.�: :• � ;,�c+�: : s�� Mr. Flora, Public Works Director, stated a sign glan for this site is required b� the ordinanoe. He stated a plan was reoeived for the buildings at 7570 Hic�way #65 and this cbes satisEy the C7ty oode. Mr. Flora stated it is reWim►ended the sc� glan for this site be appruved. NDTION b� O�wlcilman Barr�ette to apprwe the sicyz plan for 7570 Highway #65 N. E. Seo�nded b� ��cilman Fi tz patr i ck. Upon a voi ce vote, all voti ng aye, I�hyor Nee decl ar ed the mati on carri ed tnanimously . . . ; �►I.�;. • •;,• �• a�� .;�� : �. __ ; a.•. �* �. y, �+: �• � « M �� ; �I�±�i� �. «. ; �4_ ; � �� 4 �� !1� NDTION b� O�u�cilman Barryette to reoeive this Froposed aenenc�nent for revi�. Semnded b� W�cilman Gooclspeed. Upon a voi oe vate, all voti ng ay e, May ar Nee declared the motion c.arried �animously. � � y1� �� LM� • �� \�: ��i_ � �� *��. W�{ �1� � �71 M ij �1)� ; �• '� �. : �ia.. «r►. �4�; 1 : a�� M �+� : 4� 4 � , : ��4�+�4►: ; ?r 1 : �M �,► NDTICt�1 tr� O�tncilman Fitzpatrick to receive this proposed amencfient for reviaa. Sewnc3ed b,� O�tm�ilman Goodspeed. Upon a voice vote, all voting aye, l�yor Nee declared the motion c�rried unanimously. -5- ��. 1� w ��+�M�,. • • �; � • ; �►� a� • ' ;�� a�� • ; �'. � « ; �.�� * �. M. M M �� ; ui�+�i� r�. «, * 1 � �� 1+4 a� ; x . � y:� : ; �+��: u�M�. 1+ '• 1� .4 `1 _ � 4� ; : �i� ; y.M � �. �� a,�M • � : �,� r�. a.4 • � � � ' : �� ; �i� : ; „�a+�i� �. . a,�+ �.� � 1. 1 1 ;�I� I�DTION by Councilman Goodspeed to receive this proposed amendment for reviea. Seo�nded b� Q��cilman Fitz�atrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried �a�animously. . �� n �+; : • � • 4�+u �;��u y,� •� v�vl !►M M � �►I • ;u��+�� ,u�u� �,� � �+�Y �. � 0 �C � � � ; �. : ; � \. 1 : �I � �IC : V 3 Mr. Flora, Puhlic Works Director, stated that at the Oommunity Developnent O�mnission Nieeting on April 9, representatives fram Blue Bell Ice Cream O�nFany wexe present to request a d�ange in the C�ty's noise orclinanoe whidz would permit then to ring the bell o�n their vending trucks while they are sell ing i oe creaan. Mr. Flora stated the �rm�azity Develognerit O�mnission rec�ommended, through the Planning Com¢nission, that the City consider a change in the noise ordi.r�anoe which would allaa Blue Bell to operate using this bell and to give then an exception to operate this sutsner ultil suc� time as the ordinanae is changed. Mr. Flora stated ooncern has been vaioed b� the Publ ic Saf ety Director in allaaing then to operate this bell before the ordinanoe is changed. Mr. Herrick, (�ty Attor�ey, stated several years ago residents came to the douncil asking for oontrol aver this type of operation as there was a oonoern about safe�ty. Mr. Glenn Baron, representing Blue Bell Ice CYeam Oosnpar�y, stated they would like the ordinanve dlanged so they oould operate the bell on thei r tr ucks. He stated they have been sucxessf ul in other aonm�.iti es, in terms of saf ety and r�oise, and have had very fea prohlens. Mayor Nee stated they o�uld operate their trucks, haac�er, the question is if thc� aould use the bell. ��cilman Barrette asked if they had other axnpetition in the communities where they are operating. Mr. Baron stated occassionally they have oanpetition, but mostly they operate on their a,in. He stated they operated in FridlEy last s�ner without lazawledge o� �e mise ardi.nanoe. O�Lncilman Barrette questioned the City's liability if they are allawed to operate before a ci�anqe in the ordinance and there would be an incident where so�neone was inj ured. , Nlr. Aerrick stated he would share the same o�ncern in not enforcinq the ordir�nce as the Public Safety Director. He stated he would reoommend the O�tncil sc�iec�il.e a public hearing and, if they so desired, wuld have a -6- OOiH�TCIL I��ING OF I�,Y 20 , 1985 first reading for a change in the ordinanoe �t the s�ie meeting. He stated, in this way, the Council oould determine if there are ariy significant otrj ecti ons. MJTD(�1 b� O�u�cilman Barr�ette t�o set the public hearing for Jtaie 3, 1985 to a�nsider a pcoposed change in the rr�ise ordinanoe whidz would allaw vendors to ring bells on their vencling trucks and that a c�aft be sulxnitted of the atnendnent. Se�nc3ed by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Nhyor Nee declared the motion c�rried �animously. • �� + /� yi� 0 �i� � e \ 4. V ��'� V yr : ' ' 0 •� �lyl • \ V� �� .��) . . � ' � ; ?! 1 �+ �� : /: � : �. . �� : ! , Y,� 1�� : • ; �M_ .`� � � j � �. �� 1 1 1 `.• ': � � .� �1 � : �..l� �. • •11 -• :�_ �i � �� : �� •!��4: �l •� � : ;s:. :��1+ •� ; �i� : ; �_ �� , . 1 1 y. `�4; �! � �: / � = 1: �I Mr. Flora, Publ.ic Works Director, stated the Appeals Commission had a aonoern that the ordinance gQVerning the maxim�un size of garages in R-1 districts may be too restricti�e. He stated the �onmission felt fanily size i s d�wn and peopl e are raa pur dlasing more rerreati onal eq ui pnent and 1 arger garages are beooming more o�m¢non. The commission asked the Gouncil to address the question if thc� want to restrict the sze c� a garage to 1,000 square feet and also restrict it to the size c� the house. Mr. Qureshi, City Manager, stated the Council adopted this restriction several years ag� when a situation arose where there was a snall hoane and someone wished to build a large accessory building. He stated this seens to be working well and there is a variance procedure provided so each case ooul d be a�nsider ed on its vwn meri ts. Cb�mcilman FitzFatrick stated this restriction didn't happen by accident, but was i�enti onal . ��cilman Goodspeed stated peogle are mw having smaller homes, hawe�ver, they need more storage spaoe and are applying for variances to give th�n addi ti onal spaoe. Mr. Byrne, the petitioner for the variance, stated he felt each variance request is di.fferent. He stated he d�es have a problen with his existing garage as it is built lawer than street level and water drains into the garage. He stated this would be wrrected with the oonstruetion of the addition to the garage. He felt this im�xwenent would make the house look large and mare aesthetic.ally pleasing. PDT�OI�i b� O��cilman Gooc�peed �o apprave the varianoe request to allaw the total Qf the accessory buildi.ngs to be 1,000 s�uare feet, with a daelling of 900 square feet, an excess of 100 s�uare feet, to allow construction of a garage addition and breezeway at 6020 4th Street N. E. Seconded by Gouncilman Fitzpatrick. Up�n a voice vote, all voting aye, l�yor Nee c3eclared the motion carried �animously. Mayor Nee stated �mless saneone wished to discuss a Ixop�sed c�iange further, -'7- ��,1.+ MI �lyi��. • ' �r� � . ; they would leave the ordinanoe as is, sinoe there is a varianve prooeciure. 6—I. Q�iZSIDE�2ATI0N OF ITEM FF�M APPFAIS mNA�iISSION MEETII� OF 8P Tr ?. ,, 1985 — VARIANCr� TO RIDUCE 90t1ARE FOOTAGE FOR DO r.F BUNGAIAW. SIDE �,RD SEiBAQC ON mRNER II)T, A1�ID F�N.0 �RD SEI�ACR 'PO ALI�(7W C�iSI'RUC.TION OF A DOLBLE BLa�C��, 5536-5538 7 TH STRE�P . BY CIiLK:it wFSfiI—'tN[� ; Mr. Flora, Aihl.ic Works Director, Stated this is a request for variances to reduoe the square footage for a cbukale bungalav fram 10,000 to 9,416; reduoe the side yard setback on a oorner lot fran 17 1,/2 to 5 feet; and to reduce the front yard set�ck or a portion of the front yard (south side) fran 35 to 11 1/2 feet in order to allow oonstruction of a double bungalaw at 5536-553 8 7th Str eet. Mr. Flora stated this paroel o� property is ch.fficult to build on because a p�rtion was taken for freeaay ric�t af-way. He stated the awner intends to build a cbu4le buncplaa for his awn use with a zero lot lir�e p4tential. Mr. Flora stated the Planning �[nission re�mended apprwal c� the varianoes. Ni�TION b� G�uncilman Goodspeed to approve the variances to rec�uce the required square footage for a cbu4le tx�nqalaw from 10,000 to 9,416 square feet; to reduoe the side yard settaack on a aorner lat fran 17 ],/2 to 5 feet; and to reduoe the front yard sethack or a portion of the front yard (south side) fram 35 to 11 �/2 feet to allow wnstruction of a cbuble bungalaw at 5536-88 7th Street. Seo�nc3ed b� O�taicilman Fitz�atrick. Up�n a voioe vote, all voting aye, I�yor Nee declared the motion carried �arumously. M�TION by Oauncilman Barnette to receive the minutes of the Planninq Oamiission Meeting of May 8, 1985. Seoonded by Councilman Fitzpatrick. Upon a vaioe vote, all vaking aye, Mayor Nee declared the motion carried �uianimously . �� a�; ; M �,� • �• �. � �+; �� .� � � �� i: ; = � � �. �. : �,� . : i� �I�+� y : ��+�11 � ..� � � �; _ � : �_ `/ �.l !;.�. Mr. Flora, Rihlic Works Director, stated last June the Gouncil approved a special use permit for Wooc3crest Bapti st Chur ch f or an addi ti on to thei r building. He stated one c� the stipulations of this speczal �e permit was that the r�ew o�nstruction was to be set back 60 feet frcm tiae east property line. Mr. Flora stated, because of an existing sanitary sewer line which runs aGross the wrr�er of the lot and located directly belaw the vorner of the builcii.ng, it beaoanes a pcoblen haw to wnstruct the �rner o�E the building. He stated if the building is ma�ed f arther east, the depth of the f ooti ngs and related o�sts are reduoed, thereEore, the church has requested they be allawed a 40 foot rather �an a 60 foot s9etback f rcra the east property lir�e. (buncilman Goodspeed questioned the zoning and asked if churches are nonnally located in 1�1 and R-3 areas. Mr. Qureshi stated it was quite c�non for dlurches to be in residential areas. � �� i,�wr „i��Y��. • - �,. � Mr. Eric Gunlogson, 430 Rice Creek Blvd., suYmitted a petition which requested this matter be tabled so residents of the rieighborhood and representatives of the diurch can chscuss this prohlen. 1�TION by O�uncilman Barnette to receive this petition. Seconded by O�uncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried tnanimously. Mr. Dave RodaL�uc�, Buildi.ng C2�aim�an for Woodcrest Bapti st Chur ch, stated they are requ�esting the ta�icfi�.ng be cnnstructed 40 feet froan the east line property lirie. fle stated the reason for this is increased construction oosts if they ryeed to oonstruct the t�uilcling 60 feet fran the east property line. He stated also the s�il on top of the sanitary sewer line would require quite a k.�it of work and if they oonstruct close to the sewer line, vibrations from the type of equipnent they need to use might damage the exi sting 1 ir�e. Mr. Radabauc� stated the dzurc3i's ardnitect and s�ils engir�eer were present to answer any questions. - Mr. Quentin, Freeburg, 301 Rice Creek Terrace, stated he is a menber of Woodcrest Baptist (2zurch and has two children attending the school. He stated he supported the r�eoessity af maving the prop�sed building back and indicated it would be a cgeat fir�ncial expense to construct the building with a 60 foot setback. Mayor Nee stated he was oontacted b� a residerit in the area who stated they had not reoeived notioe of this proposed change. Mr. Flora stated a special mailing was sent out several weeks ago. Mr. Q�arles Johanson, 424 Rioe CYeek Blvd. , asked if they are building a churdz or a c�mnasi�m and questioned if a c�rm is allaaed in an R--1 zone. He stated his defini.tion of church is different than a�mnasi�n. Mr. Johnson stated he ori gi nally sol d thi s 1 and f or the ch ur ch and y ou now have a church with noisy little kids in school and plans to add a gym creating ev� more r�ise. Mr. Flora stated there is a smilar situation at Redeemer Lutheran Church where they added a c�m onto the dlurch. Mrs. Bev F�erhard, 436 Rioe Creek Blvd., stated Rec7eener Lutheran Church is located away fran other hanes and in the oenter � a t�lock. Mr. Dean Eberhard, 436 Rioe CYeek Blvd. , stated his property is one of the two most affected b� the addition of this building. He stated last year many people were invalved in meetings with the d�urch and an agree�nent was reached to whidz everyone was rec�nGiled. He stated a 60 foot setback was acgeed upon and appealed to the cizurc3i ana co�G;.i to �noia tnis a��,�►t. Mr. Fberhard stated the existenoe c� this sanitary eewer lirye was laZVwn last July and felt it proba4ly should have been discussed at that time. _} �� 1►.M „� a14��. •' �: I�L'7� O��ca.l::nan Barnette stated Dave Rodabauc,� mntacted him in March regarding this �zoblen and he u�mediately a�ntacted residents in the area. Mr. Rpdabauc�i stataed when they disoovered this lir�e, they w�orked to see what would be the shortest di.stanoe they o�uld mwe their proposed buiicling. He stated they oould have approadied the residents earlier, but he didn't have any answers and he lazew t�ey would warit answers to their questions. Ae stated wer $10,000 was spent in trying to obtain these an�aers so they woulch't have tA request the building be set taack further to the east. He stated he met with Q��cilman Barnette and asked him to ir�form the residents of thei r probl ens. Mr. �ic Gullogson, 430 Rioe (Yeek Blvd. , asked if the Gity reviewed the feasi}aility of m�ving the sanitary sewer line. Mr. Flora stated they had not. Mr. G�logson stated when you look at the size of the proposed building, moving the structure an additional 20 feet east is a lot of space. He stated ri�t r�aw they have an open vi�a of the cceek and if the building is oonstructed 40 feet, rather than 60 feet, from the east property line, it means quite a c�fferenoe in their view. He felt it affec:ts the valu�e a� his property and is a real concern. He stated he would like the church to reconsider their position and spend the additional money to meet the stipul ations agreed upon last su�caner. Mr. G�nlogson stated he also felt there should have been an opp�rtunity for residents to chscuss this with the d�urdz before it w�t to the O��cil. O��mcilman Barnette asked if there has been any futher vommunication with the ffierhard's and G�logson's b� the dzurc3z representatives. Mr. i�dabauc� stated he met with the ffierhard's last week and attemgted to v�ntact then before the letters were sem out, but was uza4le to cb so. ��cilman Goodspeed asked if there would be a living unit in the proposed addi ti on. Mr . Radaba uc� stated thi s woul d be a mul ti-purpo se buil di ng to be used for valleyball, basketball, etc. and there would also be a living unit to house their Evangelists when they are in this area. Mr. Rodaba u� stated that the buil ding i s�nstr ucted 60 feet f ran th e ea st property line, the estimates far this excavation and these extra deep footings is $50,000 and if �he building can be mavecl 20 feet to the east, the �st would be about $25,000. Mr s. Bev Fberhard stated the si.z e c� the r�m ( 7 2 f t. l ong by 3 0 f t. hi gh ) looks huge in oomparison to the size of the land on which it will be located. S�e stated the addition would �ne right up to their back yard. Mrs. Fberhard stated they would never see the light of clay again if this builcling is oonstructed nor will t�ie Gunlogson' s because they are al ready 4locked in tr� the sc�ool. �e stated she realizes it will oost the d7urc3i a lot to put in a retaining wall, but they will suffer a loss if this is -10- _�L �'-�''� OF 1�Y 20. 985 a�nstr ucted. lHr. Ra�bauc�► stated the Eberhard's lot is about 12 feet higher than the ch ur ch' s exi sti ng buil di ng. He al so stated if they di g that deep f or footings, thEy c3on't laiaw what Frohlsns thc� may rin irito with the water. Mr. Bob Eisenberg, s�ils engineer for Woodcrest Baptist Qlurc�i, stated soil borings were taken on two differe.nt oocasions. He stated they encountered a substantial anoimt o� fi11 overlayed b� a sanc�i material and added to that was a sandy rlay material. He stated the question about the dewatering is really �ao phased. He stated there will be some dewatering required, but the ano�t is indetern►ir�ed �til they get into the situation. He stated sediment would have to be renaved before the water goes back ir�o Rioe CYeek and some sedimentation p�nd would proba4ly be required. He stated if the building was plaoed five feet fran the sanitary sewer line, and if this line had to be rep�ired, it is his opinion that it would be impractical, wst ineffective and nearly impossible to do. He stated the f ooti ngs hav e to g� si x to ei c� t f eet bel aa th e gi pe el ev ati on so y o u ar e talking about a wall 34 feet c3eep and a base width of 15 to 17 feet. He stated that wst would be extraordinary and moving the pipe would actually be a less cvstly procec�ure. He skated another alt�ernative is to oonstruct the building with a mrmal footing and if repairs are ryeaessary to the sewer lir�e, they o�uld be done by "bracing" the sides, but it also is rather wstly. O��mcilman Barrrette asked frQn a legal stanc�oint, what would be the City's liability if they allowed then to construct this build.ing with normal footings. Mr. Herrick stated it would be a matter t�o be ryeg�tiated between the City and the di�rch. iie stated it may be the City would permit this ki nd of �nstr ucti on, if the c�ur rh agr ees to be resp�nsi 41 e f or arYy f ut ur e costs or repairs o� the 9ewer line. He stated there can be an agregnent outlining who would tae responsihle to take care o�E any regairs or problens with the lirye �ould anything happen at a later date. Mr. Herrick e�ztair�ed the City's obligation on a special use permit. He stated ci�urches and sc�ools are permitted uses in residential zones subj ect to obtaining a special use permit. He stated they have the right to have the special use permit, u�less there is something u¢�ique about the land or its location. �e City w�ould be able to shaw, by evidence and testimony that tuilding the proposed facility w�ould create inusual problens t%ai would not r�eoesarily oocur if the proposal was at a c�ifferent location. He stated the burden is on the City to shaw there is something unique about the �n4i.nation of the location and proposed structure that creates Lmusual prohl ens. O�uzcilman Barnette stated he felt when the special use permit was granted there was a wmpranise. He thouc�t possihly some agreeqnent oould be made between the City and churdz regarding any re�sirs whidz may be r�eeded of the sewer line in the future, and this p�int should be d�ecked out further. Mr. eerrick suggested this iten be wntinued to Juze 3, 1985 and to have the -11- 8. i�. I��M� yI�1�IM��. � ��' �� rhurdi representatives and their technical people meet with the City's engirieering s�aff to explore oosts of �ome alternatives. He felt there shoul d then be a r�ei c�iborhooc3 meeting to di scuss any al ternativ es. Mr. Mark Fbrenan, P,ssistant Pastor c� Woodcrest Baptist t�urch, stated it has been aver a year sinoe they hav e been deal ing w ith thi s probl en. He stated it seens the more they wait, the less likely anything will be cbne far t�eir people and their c�urch. He stated the two neighboring property owners have same legitimate reas�ns for mt wanting the building, hawe�ver, there are sane 150 fanilies that have the need now. He questioned what o�uld be s�lved b� waiting two more weeks and felt the meeting with t-he neic�bors won't a000�npli� a whole lot, He stated the dzurdl has sacrified money, time, saeat, and tears because thEy waited so long, and another two weeks wi11 devastate �eir people. He stated they have cut the sze o� the building and naw the prohlen � the sewer line arises. He questioned why the rieic�ib�rs mulc�'t oo3nprcmise with anpther 20 feet. Ms. Eberhard stated the� have been in their hane 17 years and take pride in it. She stated thEy are peogle too so don't tell her about tears. Mr. Fberhard stated Mr. Fbrenan wasn't here when they first r�egotiated with the churdl regarding this a�nstruction and other things have mw oome irito play. He felt perhaps he should bec�ocne a little mor e sensi tiv e to the nei ghbor s and a little more �derstanding of the protil,en. Mr. G'inlogson stated he was in agreenent with Mr. Fberhard's arxmients. O��cilman Barnette stated he felt there was ram for oo�n�anise and that a meeti ng shoul d be hel d. I�DTIiON b� O��nci.lman Barnette to table this iten to J�e 3, 1985 and direct staff to work with the church's engineers to hopef ully come up with some alternatives. Sea�nded b� O��cilman Goodspeed. O�imci.lman Goodspeed stated he would like an evaluation of the risks and the environnental im�act. [IPCN A VOI(� VO►I'E �I�N Q�i �iE �QJE NDTD�IV, all voted aye, and Mayor Nee declared the motion carried imanimously. k� � � : : • � • �+,4 � • � • ; � : : , �� i�4� �W ��+ �� V�' 4 �1 ��/ M� M� . *�� «t `�4� � Mr. F7.ora, Puhlic Works nirector, stated Park C;onstructon ot�tair�ed a spec�..al use permit in 1982 to install a rock crusher on a portion of their property in order to recycle �sed �ncrete. He stated an extension was c�ven in 1983 on this permit until 1984. Mr. Flora stated, this past winter, Park �nstr uction cr ushed the material they had stockpil ed. Mr. Flora stated a request has been received f ram Park Construction to extend this special use permit uztil Marc� of 1987 in` orcler to allaw then time to acc�nulate sufficient quantities of material and again operate the rock crusher. -12- •�, �,�Mr v� � r�, • „�• � ' �� M�TION ky Councilman Fitzpatrick to grant an extension of special use pernut, SP �82-12 �til March, 1987. Seconded by Councilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried �manimously. �� ; ; • � • • �M ��.� ; C. u .�M ' 1� .. : : � �� • 1�M � a�� u�� Mr. Irman, C7ty C1erk, stated the Council has di scussed the potential of four cities g�ing together to purchase equipnent for voting and counting ballots, and therefore, this joint pawers agreenerit is neoessary. Mr. Irman stated they are in the prooess of developing specifications and the ��cil would have to take action to apprave the oosts. He stated this progra¢n is anticipated to have a four to five year Fayback. He also stated this systen would have the advantages of being able to report election resul ts f aster and to reduoe the a�►o�mt o� time head j udges are req ui red to stay in the munting oenter. NDTICt�I b� O��cilman Goodspeed to authorize the City to enter into this joint powers agreenent. Seoonded by Councilman Barnette. Upon a voice vote, all voting aye, l�yor Nee declared the motion carried �animously. � � �^� . � �i� \.� ' � ��,. � � � NIN�� 4� � � � � �\�� V /\I� `�� V� 1+ � � +��i i4► e � �l� � aV��+% � � � � � \ � � + � �� k� w. �r1�4!_ `�1 : � •o .�yv��+�� • �+�l�+;�. : �i� ��i►.� ur � �/ � av��+�� ; ; • •;,��l: : �i� . 1�4� � � \. �� ': � .. �i� � �� M : � � � �1 )v��1�4� � �� MI �� : �i\� NDTION tr� �uncilman Barnette to acbpt Resolution No. 49-1985. Seoonded by Councilman Fitzgatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried tuianimously. : �-'• . � !.� �! � • : : a• ;��M�. . : : �� ; ► • � � � �I� : . 1+ r. _ ui�+�� : �1 _.� : � �� • • . � � , • � : ►N ; � y1 • ' u �Y 9,�: � :�V• : 1� •�i �� 1� �+ :�I� i ; t :•�� : �: � !1; �i�lylDl�/ .«i•�.� : N; __ yl�i�+ : �I� ; y1�+1� yl�l►� : N� u��!�� NDTICN ky O�tmcilman �tzFatrick to adopt Resolutian No. 50-1985. Seconded b� O�Lmcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried im�animously. ; �+`! . � !, �.� ' : � �9,,� s ��. 4. _ �V� : �i. u�� • : \ ; � . 1► � �� s 4. ': �v��+�� • I�i� .�4� : ! ?�/� � ' v_ ►Y ; yi! � = � �f� ; : u _ ; 1� • � ; : � Y�+; v�� ; : .`.�. . ; !•� '�:� �.4y _�+: ' � � : ��r�; ��. ,�. �+,�y�; / • � • ; � 5�.,�M;,� � :. _� �i v�9+�� Mr. 7rman, City Qerk, r�ated a$6,000,000 industrial develognent revenue bond was issued ear? ier with Harvest States and thEy would like to refund a portion out of their existing capo.tal. He stated James 0'Meara of 0'Connor and Hannan has reviewed the d�cunents with him and with their attorneys and appraval is rea�omanenc3ed. -13- ��.II�.M ��M��. � �'' � Mr. Irman stated three items were negotiated which were supposed to be p�esented prior to this meeting, hawever, he has not received then. He suggested the resoluti� be adopted, sutrject to reoeipt of �ese itens. rDT�ON b� Q�Lmcilman FitzFatrick to acbpt Resolution No. 51-1985, sutrject to a�ncurrence of the Finance Off icer, Mr. Ir�man. Seoonded by C7ouncilman Barnette. Upon a voioe vote, all voting aye, l�yor Nee declared the motion c�rried �animously. ; �-`.• � !.� �.� ' ' : �4.,! C �� . !� v u • � ; � ; ; � {e . ; • � k� �+� �� 1\�� : \ . � ��\� ♦f�y� y*� �� 1� � � � � 3 � � � � /!� V ' : \� k� yi•;,��/ 4.1 ;: ;��; � �;,� . �. � y.� MMM • �+; � � NDTD�I b� O��ncilman Barnette to acbpt Resolution No. 52-1985. Seoonded by �tmca.lman Gooclspeed. Upon a vaioe vote, all voting aye, Nhyor Nee declared the motion carried �ulanimously. ; • •� �.� " � �•� � � ': + • �► • 'v �M :�� ;�� « MM ��. \�: �� /� v��;� �,�� 1�K �: �.\ M�TION b� O�Lncilman FYtzpatrick to ac3�pt Resolution No. 53-1985. Seoonded b� O��cilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �manimousl.y. •.� •��: Y �� • �.4�. •;��; �! a•; y� 1� � .;:. ;�� ;:. : . M Mr. Flora, Public Works Director, stated with the near oomgletion of the pol ice storage garage and wal kw ay sy stem f rom the Pl az a Center to Nlississippi Street, renaining items have been identified to oomglete the work. He stated, originally, the specifications did not include the wa114aay, lanclscap�ng, lighting, and brick work f roan the fire station to Mississipgi Street because c� the a�noern regarding the �st. He stated the a�ntract was a�warded at a savings so this other work can be aompleted within the 25$ total a�ntract limit amo�t whid� inoorp�rates the work initiated to voa�►plete the landscap�ng aver the polioe c$rage and include the bou?.pvard trees on 53rd and Hic�way 65. Mr. F'lora asked the Gouncil to aonsider Change Order No. 4 to inwrp�rate these additions into this proj ect. NDTIo[�i b� �uzcilman Barnette to apprave Change Order No. 4 with Monette O�nstruction whidz modifies the mntract for the Fric�ey Garage and Storage Facility in the anoint of $24,359. Seoonded by Cbuncilman Fitzpatrick. Upon a voioe vote, all vating aye, Mayor Nee declared the motion carried unanimously. : ' �� v��k� �� +u�V ��I 1�DT�T b� �ulcilman Barnette to ooncur with the follawing appointment ty the C�.ty Mar�ager : -14- �j , �� „wi ��Y��. • • �; � ��I�� Debra R. Mootz 6? 50 Madi son St. N. E. Fridley► Minnesota 55432 '�. M • Planning/ O�de �oroe- ment Cl erk _:V ��' $1,020.38 per month v • i !s_ Jtme 3 , 1985 .y�. .r�. IbrOthy EVenson Seoonded b� O��cilman Fitzpatrick. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried tmanimoulsy. �� . M7rI0N tr� �tmcilman Fitz�atrick to approve the lioenses as suYmitted and as on file in the Lioense Qerk's OEfice. Seoonded by douncilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. .Q,�" ;. NDTIO[�1 tr� Councilman Goodspeed to authorize gayment of Claims No. 2381 through 2656. Seo�nded b� O�uncilman E`itzpatrick. Upon a voice vote, all voting aye, 1�-iyor Nee declared the motion carried tmanimously. a'-`�M u o 4 NDTION b� O�uncilman Bar�ette to apprave the estimates as sulmitted. Abnette O�nstruction 2050 White Bear Avenue St. I�ul, NN 55109 �bl ioe Garage and Storage Facil ity Partial Fstimate No. 8 . . . . . . . . . . . . D. H. Blattrier & Sons One South Wabasha Navy Isl and St. R�ul, NN 55107 $ 8,600.00 Nbore Lake Restoration Proj ect, Fjhase II R�rtial Estimate No. 2 . . . . . . . . . . . . $ 31,350.00 �ncrete Ciirb Cbmpariy 771 Iadyai rd Lane Burnsville, NN 55337 Misc. O�ncrete C�rb, Gutter and Sidewalk Partial Fstimate No. 1 . . . . . . . . . . .. -15- $ 8,540.98 ��. a�,M� �ia�a�yr�, • • „�; � Hickok and Associates 545 Indi an Mcnmd Wayzata, M�1 55391 Moore Lake Restoration Project Phase II — Inspection II Professional Servioes Fbr Period Ending Ap�i.l 30, 1985 ...... $ 98.52 Se�nded b� O�imcilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �animously. : � �, i;��lu��+�� M�TION by Councilman Barnette to adj ourn the meeting. Seconded by Councilman Fitzgatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fri dl ey C�ty O�uncil o� l�y 20 , 1985 adj ourned at 10 :15 p. m. Respectf ully su�iitted, Carol. e Haddad Will ia�n J. Nee Secretary to the Mayor City O�uncil Appraved: -16- � . 1 PLANNING COMMISSION MEETING, MAY 8� 1985 __ PAGE 12 3. PU6LIC HEARING: CONSIDERA?IdN OF A PRELIMINARY PLAT P.S. �85-01 LAt�DMARK I IO , B R D ing a rep at o t e pro�erty escri e as ot , evise u�tor s ubdivision No. 77 NOTIDN BY MR. OQUIST, SECONDED BY MR. SABA, T'a OPEN THE PUBLIC fIEARING ON P.S. MBS-01, LAlVDNARK 11DDITSOl�, BY ROBERT McADAN. UPOA A VOICE VOTE, J1LL VOTING 11YE, CAAIRP£RSOI� SCHNABEL DECLARED THE PUBLIC SEARING OP£N AT 9:I9 P.M. Mr, Robinson stated the property was located north of Osborne� stretchinq all the way to 77th Ave.. east of the railroad tracks, and west of Main St. It was a subdivision of a large piece of pronerty. The plat was for 3.61 acres. Mr. Robinson s�ated the proposal was for mini-storage facilities--two lonn buildinqs. approx. 42,300 sq. ft. of storage space. The structures wi11 r T05 ft, long eac� separated with fire wa`ls as per code. Cars wi11 ent� north of 77th, There is two-way traffic throughout the e�tire complex, rre is avprox. 10 ft, green area on the west and 5 ft. of arPPn �rea on th• st. The waterworks easement will stay green at the City's req�est. ;herr would be a small office/residential facility in the northwest corne� � t'= Property for a live-in caretaker for the facility. There w�u1d be �.r r�rk- ing stalls adjoining the office/residence. There would be 22 na�� stalls required for a development of this size. But, because there is �-�1e need for parkinq, four stalls are all that will be put in. There MC : be add�tianal earkinq area if it would become a problem. He stated the en• area will be fenced with � 6 ft. high chain link fence with 6 strands of .. e for a total of 7 ft. • Mr, Robinson stated Staff was recomnending the followinp �'ipulations: 1. Redwood or cedar slats and vines to be installel in fencina alor.q right-�;-:�ays and to 150 ft back from all fou- fence corners. Additional screening to be provided depend�n� on future deve:�pment. 2. Develooer to work with the City to achie�E a satisfactory landscioe plan, 3. All storage building masonry to be r��K face block. 4. Office building to be brick masr�• 5. Developer to comply with fire �e requirements. 6. Developer to provide and re�i �e approval of a Standard rental agreement with rules and re�.lations for storage facilities. 1. Park fee of s3,616.36 to :e paid prior to issuance of a buildinq permi t. 0 1A PLANNIt�G COMMISSION MEETING, MAY 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 s15,000. � Mr. Minton asked Mrho would approve the rental aqreenent--the Planning Corm�ission or City Staff. He would have a concern if the Planning Commission Mas supposed to approve the rental agreement. Mr, Robinson stated Staff could approve the rental aqreement. Ms. Schnabel stated she was concerned about puttinQ a residential dwellinQ in M-2 zoning. Mr, Robinson stated tt was an allowa6le use:dwelling in an M-2 zone for a watch person is considered an accessory use. Mr. McAdam stated he had no problems with the stipulations. He was avainst the redwood or cedar slats in the fencing only becuase they are easilv broken. Mr. McAdam stated some of the storaqe qaraqes in surroundinq areas have liqhts on the interior. He stated he was not providing interior lightinq, There will be electric outlets on the exterior every 40 ft, so if someone wanted to get into a storage garage at night. the caretaker would provide a tro�ble light. He stated the renters will not be allowed to store any flarm�able materials. He stated this is one of the cleanest businesses. because it does n�t create any pollution or traffic and is a very small burden on the Fire Dept, and Police Dept. It may even clean up the City as it will provide storaqe for people. MOTIOM1 IiY PlR. OQUIST, SECOND£D BY 1'!R. AlIN:"ON, TO CLOSF. THE PC'BLIC HEAA.I.ti'G ON P.S. M85-01, IAtiDMARK �DDITIAM1, BY ROB£RT NCF.DAM. UPOA' A VOICE VOTE, 11LL VOTING AY£, CNAIRWD!!AN SCHNABEL DECLAR£D THF PL'BLI�' iIEARI:�G CLOSE� AT 9:43 P.K. 1lOTIOh BY PlR. MINTO!� , SECOtiDED BY NR. SABA, TO REC�'l.NF.ND TO CITY CO('.VCZ'_ APPROVAL OF PRELININARY PLAT, P.S. NBS-01, LANDNARK ADDITIDA', BY ROBEPT McADAY, BEING A REP:AT Oi TX£ bROPERTY DESCRIBED AS LOT S, REVISED AUDITOP.'S SUB- DNISION NO. i7, fiITN TNE FOLIAWING STIPULATIONS: 1. REDWOOD OR CEDAR SLA?5 AND VINES TO BE INSTALLED IN FENC:NG ALO":C RIGIfT-OF-WAYS AND TO I50 FEET BACK PRO,M. JILL FOUR FENCE COR.NEP.S. ADDITIONAL SCREENING T� BE PROVIDED DEPENDING ON PUTUR£ DEVF.LOP:�!F'!::. 2. DEVELOPER Ta idORY. MITH THE CITY � 11CXIEVE A SATISFACTORY LANDSCAPE PZ.Al�' . 3. ALL STORAGE HUILDING MASONP.Y TO BE ROCK FaCE BLOCK. 4. OFFICE BUILDING T� B£ BRICX. MASONRY. 5. DEVELOPER � CQNPLY WITH FIA.E CODE REQC'IRF.I7ENT5. 6. DEVELOPER TO PROVIDE JIND RECEIVE JIPPP.OVAL FROM CITY STAFF OF A STANDARD RENTAL 11GREEXENT b►ITN RULES AND REGULA.TIONS FOP STORAGE FACILITIES. PLANNING CON4�IISSION MEETINGi MAY 8, 1985 PAGE 14 7. 8. 9. PARK FEE OF 53,616.36 TO BE PAID PRIOR Tb ISSU.WCE OF �1 BUILDING PERI�JIT. PLAT TO BE RECORDED 11T COUNTY PRIDR 1L� ISSUJWCE OF a BUILDING PERNIT. PROVIDS A PERFORI�lANCE BOND OR LETTER OF CREDIT IN TX£ AMDUI►T OF 515,000. UPON A VOICE VOTE, ALL VOTING J1YE, CHAIRWOMAlti SClffVABEL DECLARED TNE P10:'IOti CARRIED (JI►ANINOUSLY. Ms. Schnabel stated this would go to City Council on May 20. 4. TABLED 2/27/85 o t e aster Auditor'S Subdiv as a parking lot Complex) LOT SPLIT REQUEST� L.S. �85-03, B1' ROBERT GILSTAD: Solit eet, except t e rt r y feet of part of Lot 1� �ion No. 25 (see file for complete legal� to be used or the apartments on �ynde Drive. (Moore Lake Apartments Mr. Robinson stated �his item has been tabled indefinitely. Ms. Schnabel stated tF�y should put some type of time limit on this iter*. The Comnissioners agreA� to keep LS I►85-03 on the table for six months. 5. COr�TIr�;;EO FROM EARt,IEP, I� THE MEETING: COr�SIDERATIO►v OF A SPECIAL USE . L 1 fVil'"IY `Y . Ms. Schnabel stated it did l�ot appear that the petitioner was goinq to return. !9�?TI�t► BY MR. OQUIST, SECOND�B}' PlR. KDADRICK, TD TABLE SPECIAL US£ P£P."-- R£Q:,EST, SP MBS-00, UNTIL THE EXT NEE.ING. UPQA' A VOICE VOTE, ALL VOTING A2'�, CHAIRWOMAI� SCHNAB£L DECLARED TNE MO"'I;:.'� CARRIED UtiA.4IN�L'Si.i'. � 6. REVIEW OF AN ORDINAt�CE RECODIFYING THE FRIDLEY CITY CODE BY ADOP?I'iG A NEW �P E E I P �� I N I Y: Mr. Nielsen stated he had a problem wi h this ordinance because the City enforces the ordinance for sane people nd not for others. He fFlt the ordinance had no value whatsoever if it 's not enforced equally. Mr. Robinson stated that i� the past� t� has not been much in the ordinance that addressed boulevards, and they wanted o strengthen the boulevard cleanliness issues so they put sometf�ing in he ordinance about the boulevards, especially about dumping on the boulevards. Mr. Robinson stated Section 105.04 had a timet le for the maintenance of bwulevard areas, which was a big change from t first ordinance. 1S � � � +`�'/ / r �j�� Z � �"' r/ W BIST OVE N E Z � �� Z a � �� a `'� 2 / � T W � s r � � J► _ Q � ,�. ;ow � �, a sre � � .�. �.�� s�e � � � 7 � . , „ , - �, :;�,,t .!.i �: . • .�"'....i�- ..• �. . • . � • . • . • . s • � • • . • • • . •��M• •��r�� • • • M� • •,, a '�'��'.'r�• •��( �• • 139 • • � " `� � � �iC Q�'�'� � • � • � , • • •R��• • r • ♦ • � • � I • � • • • � ♦ • • � • • � ~ �� • • • � • • • • d ��t► i�s��!•'•�•�•�•�•� - - �� ,��1��5 �r�Ja y y�` ••• ♦ • • • � � . �. • .� . . � . . ' • • �� ; �i . � � � �' • • �� F'L�A � � � ... . . �, •. �, ' ? hJ � '��• `�� • � GQ . � . ; �� ;„ x ��t.k� . � • � . •�•��✓ � s .•. ° . , � `; . .�� ► 1N�.� � . ,p� � ��,` , . �� • _ ; , . i��%�� ,/ /./ ;� i � �� ,� �,� , i �,// r' � �;� ; /�/ �� / � � 7// � i , A/ %;% %;� / � / ./.� / �� / � %;/ /./ h/ •• �� ;� � /,/ j: � ; � � ///// i// I .� / / / .,' �/ / / ii/�� /. /i . �� ' �� / �• ' � �s. . ; - � � ,Z /°./ , � •.�' IG�p h� ,, / t [ V • � � � / ��L �.. . � 1 q� ' �1 � ' i � � �a1 iC^��' �}� ' � / , ' • � ` I �' ; " � � �5l ., . � � i 1 � � , • ' - -,s � �'�t ' � � ~ E �� ' I L� . ��1� w►� `� 3: . . ' ,. ��' ��'�~ �� / . .. � ., 2 4 , �. • � , � • E ��,'� � � 5 � t � � 'G , � ' t p�„1+ � . I I ! - ` ,.� ��. 1 R iDE ^NE ' 3, �vE AK� C1RfEK• � / , \ r 9 r� �/ � \` � � ..=Ai. 1 7„- i ,�� 5 � �I � � � ,.�� i�iti°i � � ♦��♦ / •��/ ♦��♦ / ♦�� I i • • ♦ « ' � •.,�h♦ ��/ 1 ♦ � � ♦ .♦�••� ..... ..... � ..... .�.�.,.�.,� �/ '''''� e♦ %i�•�-i ��f�� ,�*�,e�s�� :4: 1�� ,� ,' _ � � R •t� , 11 ♦��J}�� 1 ±�J'. :F.7�1-�• �;�.,..� ';:Ip:#I2+ ...,:�;: "--1-- ssus .♦ ♦ � ' L J Si-� � o w',i%% � / c. /�. 1 � Z � � � � � ,� --��-- i r'�'! - W �� Q {~!'1 / � � V E� � 1 It �� . 1 - r I - � __ r 1 ► s� � c K` F '% —1� ` .l . �. � 5'� � � i ,� � , .�i • � . .�. ��, �. �,1 ��.�t�.� � '+'�ti'� �,��. �� . � 30 - 77th Avenue N.E. P.S. #85-01 � _ = -/_+eM �no�n�_ —_� � _ � � _ • � --- T-n rw-- —w4v_-T — ' ,' - � • - • s r ji"'b'Y Q`�_Y'r __'_,'�_________��__�_a._ �___ ; (' i �� ♦ �i ♦ � `� � `�\ �� S i �t o , 1� . c_ � �� "� � t � " �; � •� � z • � �„ �n a - 1 '' •- 1 0 i � ° ix o T , � � '------ � r � ` - , .- � �.O `' : a _ ',~ • �� .. ^ P� a �� '� ` . .D i . o, ,1 E `= �� _ � � � .r .� , �� ` ___ � •� �n � ; �� ' r �� r / U � 1� . w � i � � � .�, m �' �" - A "" "_ r -'� Y � Y e ,.'�� '{;� � �� :, / // .�,, -�',,, - =. %� � � .,��" �;,�' :�yo �� A �' ''�s✓ ��„'�/ e,� ��+ , � ." ,/'�� ., � / � ///� , ��// / �� /;/�/ o � �/ �p 8 e i 7 a` � � � i � � � a ' � a 1D I � � ! . ;�� 3�' �.1 j,�i�b .� � • .. �� . � ,• r- - , i : � ''r�iC►=�.� � 1``-• ��-' w� °=iii — — �1- � �� . -•\� 1 ' '� �O vl l��!! ;�' ';� � ° i � Y � �i s [� �i i i_ �� Q � ;2=�: =i � I I) ,) _ � Ni �i .� � `�:: i � �� ! I! 7`ii� � [� � � j �I I� ��i J.1 - ' �i �� I '' f _ •� , ' , ; :t _ � -- � , � ,� I ; I, �� ' I, ' i z ( ;j i� ,i . l i ,. . , . � '' ' � � � ' � �> , 2 �: � \� ' �, �� ' � � � ��\ --- - -� , � _ ; � � , �, _ _ �_ .� ; '�� ; � .� = • '' i ; • � �� _ � �, � � � � ;� �-�'� ' � ; � ,.�_ � � � , I i � + �! , ��I � ` � `� � II li (^� : I I �� II , '��✓ ' �� i � I � �J� �' � �\ I / � ' r- --lf � � \ \ �� - 1 � I � ! �'�! _ �W ► � � ` ' ? �� III i 1 ! F- . j� �. �I 2�I , .� a � J � # _ � a v�i � �.; � �\ � I � t 1 � �� ,,; i �, � ?� � s � " � ' ' � '' 1 .' !• � II s h� I s` �, _ �� 4 i I il. ' 'li ,�� (i _�' �I I�` : I � .i/,� �' � s I! I I I � i � � / `sEv �_ i � +.S � � � •�' �: :« +- �{ � I � y "�?�� ts ' � / !: � 1 , ��,��_.`� �,� , '` � _Y.. ' . = i / � �0?� `f ,�Y �i •/ / Oseo NE � i y . � � i;to �= i� 30 - 77th Avenue N.E. P.S. �85-01 1E � CITY OF FRIDLEY tPUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley wi'l1 hold a public hearing at the Fridley City Hall, 6431 University Avenue North- east on June 3, 1985 at 7:30 p.m. on the question of issuing a regular On Sale Beer license to Duds 'n Suds for the property located at 7928 University Avenue Northeast. Anyone having an interest in this matter should make their interest known at this public hearing. SIDNEY INMAN CITY CIERK Publish: May 20, 1985 May 27, 1985 I , N ��-�- - - — ,.. coo� ..aos `� = - , ? : �::. �.... .,� _ ��-� .••� R r ;r--- iL�-. � f! _ T711�; • �i- � ,i „ 1 _ _ \ � �� i f ' � j'�, � � :�;... � .�, i- �, _. .• � _.. i. y..,•'__ :.�.,,s' - �+�+s_ _ ? . _� :�,� i � ��•; ., . .•• ♦`t�� .�a � �� ' . I .' i _ � ... �- �!: � ,. �., � �r � • /s � rP • «. y-�a� y �i _ •� _�:_;� � f��.._� � _� �...._...;. �=-_ : �., � � �� e � �� s 1. � ,.� . � ,> ..� 1 �' r � . ! "'y` • � .L � • '� ��' ! _��' � •: �� i.a • = � •• =) : ` _ A • i ' ��,�,�.r a• � - .� ��.�� 1 � �� `_,_T. '. .w► r_r.`�.a i-:� - � Y.. aL. �— :�� LLI �. � i 1 `S ! i YY � ya � � l� i .c�• ~=� •�� ,.� � ,... � :l��3' � . -r i � ,:a _ . _ ..�.r � •-, i"—` '�=- F :::. _ / =�; 'Z �:� � • � J•, 1 _ •.'� �� i C � �� • � `.. Y w � I 1 �� ,^•� I � �� :• ��I � T � + ,�=' T�� t � l; � � �� f �i� - �i , r. —• -- a � �:.:.�^ �, ,�–� . ••��r_ �t : ��..� �– ;- � ia : �Y._..�. �'" � � .� oucs a suos �ft� 11MIVERSITY AVENUE M.t. ARlIIiOMS MUSIC CENTEII= •ITt s+rc ..0 •.�. D 1• i � N�1 � . � _� �y � � � r M i % �� •f/ � . �� -;,_ •� r. ;sr. �..- s �r ..t �. :� ,.�. _ � , �, �_'�f�I ' �_��j _� , t= �_• �e.'.=� � rr" ��1; J �� • �^ J �- 1�;L z ��_ ;T"; = T 7 ..._ V � � I �� .� .. �.., , __ � �.� .. _ � �� — � � � ' � �� ` ' � . '....' � 1 �y ••''• -� \ � f' -L• � _ 1re �. - _!' � -� � � t . �:...,�•_-�:.••.i..-�., .. 'f � a .� � a�''r.> • � � �� y_ � � i �� ;,.., �' y J ' � # : . t t .�.,i . : ' — _�e��_�T -.' f��-T � � � r�a.•�w.� � t _s_� .i ae.- � r � � i ;,i_ I » � �'. �r._._ i�--- t� -- i. � � i + ' _ [ � � -� r� !�.=,!C� 7-,� � , i =�-�=- �- .� ' ! T=- �1.. � �,�• ..0 � - ... . •� t - 3 � 1 ' � ■� i � r, `— �. .� - — ^j ; w .. } J !M' �=`S� ^��r� � � q : _ ' : !- r... J � � _�-^__� -� �� - IT •�,� �=_ 8 �s_ ,s:� • � 1 _ -- r .''�.-�,°' •. —�_ � � - �o f • _ � j i - _�� E L � _ -_ , r= :-...�. -1! _ `- � 1A • _ ♦ /r � � �i r a . 1�.a� x, �jt '� � -.�-=sw!"•.sC � � .— _„�. .�.•'�,� � ._ .. �s.. �i i_r ?�..._at � ..��.�.. , ��5�� •� � { / � � • �r�� r �� '� � �� ra • S �:T. �.• �� _�� b' =- _., - f�- �� _ r-_: -: .L � � �_ _ - _*' � � � _ld �_ � 1 � I:_. 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Request to on fiheir Vending Truck in John Flora TO � o °a :� �o �� - �== � ACTION INFQ X - 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 ofa 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 Richfieldan� St. Louis Park where these cortmunities have amended their ordinances to allow the use of the bell. Mr. Glenn Baron of Blue Bell Ice Cream, Inc. met with the Community 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 beil with the stipulations th�t 81ue 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 Bell or any other vender refrain from selling in the City parks where they would compete w�th City concession stands. The recommendation of the Comnunity Development Commission would normally be received by the Planning Commission and then by the City Council. However, the Planning Connnission 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 E 3A CITY OF FRIDLEY COMMUNITY DEVELOPMENT COhMISSION 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: LeRoy Oquist, A1 Gabel, Gene Rezac. Louis Schmidt, Ken Vos Members Absent: None Others Present: Glenn Baron, Blue Bell Ice Cream, Inc. Mark Burch, Asst. Public Works Director APPROVAL OF JANUARY 8, 1985, COM�4UNITY DEVELOPMENT COMMISSION MINUTES: MOTION BY MR. GABEL, SECONDED BY DR. VOS, TO APPROVE THE JANUARY 8, 1985, COMMUNITY DEVELOPMENT COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. DISCUSSION OF BLUE BELL ICE CREAM REQUEST Mr. Glenn Baron, President of Blue Be11 Ice Cream. Inc., attended the meeting to discuss the noise ordinance in Fridley. Blue Bell Ice Cream arucks 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 communities, 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 tl;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 se11 until the ordi�ance 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, SECTION 124.07, SUBD. 4, "t�0 PERSONS SHALL OPERATE OR PER��IT THE USE OR OPERATION OF ANY LOUDSPEAKER, SOUWD AMPLIFIER, OR OTHER DEVICE FOR THE PRODUCTION OR REPRODUCTION OF SOUND ON A STREET OR OTHER PUBLIC PLACE FOR THE PURPOSE OF COMr4ERCIAL ADVERTISING OR ATTRACTING THE ATTENTION OF THE PUBLIC TO ANY C0�IMERCIAL ESTABLISHMENT OR VEHICLE" ANO CHAPTER I4, PEDDLERS, SECTION 14.09, "LOUD NQISES AND SPEAKING DEVICES. NO PERMITTEE, NOR ANY PERSON IN HIS OR HER BEHALF, SHALL SHOUT, CRY OUT, BLOW A H�RN, RING A BELL, OR USE ANY SOUND AMPLIFYING DEVICE" � COMMUNITY DEVELOPMENT COMMISSION MEETING, APRIL 9, 1985 PAGE 2 TO REFLECT THE FOLLOWING: "EXCEPTION FOR FOOD/BEVERAGE VEHICLES. NOTWI7H- STANDING ANY QTHER PROVISION TO 7HE CON7RARY, FOOD/BEVERAGE VEHICLES MAY SOUND A MANUALLY OPERATED BELL BETWEEN NOON AND SUNSET OAILY WHICH PRODUCES A NOISE LEVEL MEASURED AT A DISTANCE OF 50 FEET FROM THE SOURCE NO GREATER THAN THE FOLLOWING: RESIDENTIAL/BUSINESS/INDUSTRIAL ZONING DISTRICTS 65 DECIBELS WITH THE FOLLOWING RESTRICTIONS: A) VENDOR WILL NOT SELL ON MAJOR THOROUGH- FARES AS E'ISCUSSEO WITH STAFF; AND 6) VENDOR WILL MOT COMPETE WITH CONCESSIONS IN CITY PARKS. UPON VOiCE VOTE, ALL VOTING AYE, CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION BY DR. VOS, SECONDED BY GENE REZAC, THAT THE COMMISSION RECONQ�IEND TO THE CITY COUNCIL TO TAKE INTO CONSIDERATION GRANTING AN EXCEPTIOP� TO THE �'._� CURRENT ORDINANCE SO THAT BLUE BELL ICE CREAM, INC., CAN OPERATE DURING THE '�: CURRENT SEASON UNTIL THE ORDINANCE IS CHANGED. UPON YOICE VOTE, ALL VOTING AYE, CHAIRPERSON OQUIST DECLAREO THE MOTION CARRIED U�dANIMOUSLY. Chairperson Oquist then informed Mr. Baron that this recommendation would next go to the Planning Commission 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. Ne a]so requested a review of the sign ��rdinance due to the frequent requests for variance. This topic would also include the Chamber of Commerce. Dr. Vos stated there should be mo re 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 corttinued 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 r.ould 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 p romoted through volunteer, youth or other organizations. The commission felt this would be worth pursuing. �i3�85 . . e} CITY OF FAl�LEY, SUBJECT SI�t UN�VE�tS�Ttl AVE. NE. SPECIAL USE PERMIT fA�OIEY. MN. 6�ie3e W'+123 b71-�450 SP �5�5-D . �' G�►'PT � AOORESS � 37 8- 5 3 8�% F� �fh�t' QI4TE�� p Qs PLANNING COMMISSION: APPROVED DISAPPROVED OATE N0. CITY OOUNCIL: . STIPULATIONS: NAME ST RE APPROVED DISAPPROVED DATE NO 7 LFGAL DESCRIPTION OF.PROPERTY PRESENT ZONING CIASSIFICATION EXISTING USE OF -PROPERTY� d.;,,;�;��" '' �..�r ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE SPECIAL USE APPLIED FOR: �i.cl�� Qvt;dtm�! t�lg��. �cr,./�li, i�a�,a,.,,� � A,1�k� f'a,,..�fL. � Section of the Code: Has the present applicant previbusly sought to re2one. 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? .� The undersigned understands that: (a) A list of ali residents and owners of proper- ty within 20� feet wiilbe 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 Jefect in the proceedings resulting from the failure to • list Lhe narnes and addresss of all residents and property owenrs of prop�rty in question, belongs to tt�e undersigned. A sketch of proposed property and structure must be drawn and atitached.�showing the following: 1. North direction. 2. location of the proposed structure on the lot. 3. Oimensio�s of property, proposed structure, and fron and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 350 feet). , 3Y The undersi�ned hereby declares that all the facts and respresenta ions ��ated in this application are true and correct. �,Z,�� j1� a i��, DATE%I/f •�{t �, (�_ SIGNATURE , �7 _�� p + ADDRESS1� � S�w+r�rw �r S� I%%nhl�� _SS`f�C3 —TELEPHONE N071,�-�iS(8'��l0 �, �� , �a i3 s��l�s� r��. s47 �a 9 °�- ��a - 4� a� _ -ti, ,.J 4A Hu'f�'� P,ESQ�RCES COM��IISSIOr� '1EETIt�G, ��1AY 2, 1985 P.AGE 6 Mr. Bil]ings suggested Mr. Minton contact all five of the No-Fault Grievance Comnittee members to make sure that all five were still willing to serve on the Committee and to make sure t(�ey all still lived in the Citv of Fridley. He stated the Comnission might want to think about training some more people for this cortmittee. c. Consideration of the Mentally I11 Issue Mr. Minton stated tF►at at tfte April 3, 1985, Planninq Comnission meetinq, the Commission iistened to a proposal for a special use permit to allow a mentaT health facility in the City of Frzdiey. He stated that as he had tried to categorize the resoonses from the neighbors opposed to the facility, he felt the responses fell into three categories: 1. Having mentally ill peoo]e in the neighborhood would pose some danger to the children and would depreclate property values. 2. Tfie proc�osed facility was inadequate and they felt this facility should be in commercial zoning. 3. It was going to be detrimental to business interests in the area such as rental values and day care providers. Mr, Minton stated everyone spoke in terms of the pro�rar� being very worth- athile and they were not against tf�e mentally ill, they just did not want them in the neighborhood. Mr. Minton stated that, in his own mind, he did not think these reasons F�ad any merit fn themselves, except for the emotional fear they generated. Ne stated the Planning Comrr�?;;ion voted unanimously to recomrnend to the City Council that the request for a spPCial use permit be approved. Mr. Minton stated that if the Commission was in support of this facilitv, it might be appropriate for the Comnission to make a statement to the City Council indicating the Commission's support. Ms. Sherek stated she 11ved in South Minneapolis for eight years within three blocks of three mental health facilities--two board aind care facilities and one treatment facility. She had to i�onestly say she did not know those facilities were even there until four years Tater, She stated a11 the fears are real, but if the City allows this to be defeated based on people's fears, they are just perpetuating it. ihe otherpart of that should be the fear that if the appropriate faciiity is not established, the people who shouid be in a controlled lfving environment will not be and may not be properl.y supervised. She thought it was very appropriate for the Cor�'ssion to make some kind of statement to the City Council. 4� HU�1Af� RESOURCES COMMISSION MEETIt�G, MAY 2, 1985 PAGE 7 MOTION BY MS. SHEREK, SECONDED BY MR. BELGL'M, THAT THE HL'MAN R£SOC'RCES COMMIS�ZON S�A'D A IlsTTER TO TXE FRIDLEY CITY COUNCIL INDICA TItiG THE C01�?'ZSSICN'S S'JPPORT 0? TI�Z' PP.OP�Sz'D A1F��_^'AL f?PAI.TH FACIL*m�• I1' THE CITY OP FRIDLEY. Mr. Billings stated he only wished he had listened to the testfmony before the City Council with a different view. As he listened to it, he was listening with the point of view that f�e was glad he did not have to make the decision. He now questioned whether he was really knowledgeable enough to make an honest decision as to whether, in fact, he supported it or did not support it. Ne also questioned the aopropriateness of whether or not the Commission shouid be making a reco�nendation to the City Council frorr the standpoint that it was the purpose of the Plannir.g Comnission to make recommendations to tf�e City Council aod the ultimate decision is the City Council's. He was not certain the Commission had all the informa- tion that will be availab]e to the City Council, and he questioned the appropriateness of the�Comnission's support for this particular facility at this particular location. Mr. Minton stated he felt it was a very appropriate subject for this Commission to be addressing. This item was scheduled to be heard by the Human Resources Corrmission, but because of timing, had gone on to the Planning Commission. UP01' A VOICE VOTE, ALL VOTINv AYF. CHAZP.PERSON MINTON DECLARED THE MOTION CARRIED UNANIMOUSLy. d. Ethnic Issues Mr. Belgum stated he would invite Mr. Reuther to the July meeting. Discussion continued until the July meeting. 3. NEW BUSINESS: a. Consideration of proposals from human service organizations for 1985 CDBG funds , Mr. Hunt stated they have received requests from ten organizations for 1985 CDBG funds in the amount of $76,651. Only $19,176 was available for distribution. Mr. Minton stated that at this meeting the Commission should talk a little about each organization and its reG�est and put together a list of questions for each organization. These questions should be forwarded to the organizations prior to their coming before the Commission at a special meeting. 0 �� CITY OF FRIDLEY PLANNING COMMISSION MEETING, APRIL 3. 1985 CALL 70 QRDER: Chairwoman Schnabel called the April 3, 1985, Planning Commission meeting to order at 7:33 p.m. ROLL CALL: Mer�bers Present: Ms. Schnabel, Mr. Oquist, Mr. Minton, Ms. Gabel, Mr. Nielsen, Mr. Saba, Mr. Kondrtck Mer�bers Absent: None Others Present: Jim Robinson, Planning Coordinator John Flora, Public Works Director Dennis Schneider, City Councilman �,ti. Gerald Johnsor� 7i2 River Lane, Anoka Renae Hanson, Corrmunity Options Ltd. Diane M. 011endick Wright, Community Options Ltd. Robert Anderson, 6$d0 Qakley St. N.E. Arnold M. Kuhnly, 6747 Washington St. N.E. Ruth Dunn, Fridley Focus See attached lists APPROVAL OF FEBRUARY 27, 1985, PLANNING COMMISSI�N MINlITES: MOTZON BY AfR. 1�lINTON, SECONDED BY HR. NIELSEN, TO APPROt�E THF, FEB. Z7� 2985, PLANNING COMMISSION MINUTES AS WRZTTEN. UPON A VQICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTIDN CARRIED UNANIMOUSLY. 1. RESCNE(1t1LED FROM MARCN 20, 1985, AT PETITI(t�IER'S REfIUEST: PUBLIC HEARIN�: . - � ezone rom - one am� y we �ng o- genera uslness , 0 5, Block 5, and Outlot 1, Donnay's Lakeview Manor, to be used for commercial development, generally located at 5698 West Moore Lake Drive N.E. Item continued until later in the a�enda because of related meeting takzng place in Comrnun�ty Room I. 2. PURIIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #85-Oi, COFMUNITY , . er Sectlon ., ,, o t e r�dley 1 y o e, to a ow u e esfdential Mental liealth Pmgram for Anoka County on Lot 1 and 2, Block 14, Hami�ton's Add?tion to Mechanicsville, the same being 5318-5384- 5th Street N.E. MOTION BY MR. OQUIST, SECONDED BY MR. KONDRICK, TO OPEN THE PUBLIC HEARING ON SP #85-01 BY RANAE HANSON. UPON A V�ICE VOTE, ALL VOTINC AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC ffEARING OPSN AT 7:37 P.l�l. �� PLANNING COMMISSION MEETING, APRIL 3, 1985 PAGE 2 Mr. Zobinson stated this proposal was for a specia� use permit for a comnunity- based mental health facility. This proposecf facility wiil have 14 residents. The location of the pr000sed facilitv is on the corner of 54th Ave. and 5th St., jusi south of I-694 and east c�f Highway 47. The zoning is R-3 multiple family. The nearest R-1 zoning is to the east on 6th St. Mr. Robinson stated the facility was a four-unit complex with four side-by-side units, each having three levels. The lower level consisted of four garages, laundry, utility� and storage. The main level or street level consisted of living room, kitchen, and eating area--approximately 850 sq. ft, of living area per unit. City code requires there be a minimum of 650 sq. ft, of livinq area for a twa bedroom unit sa tf�is was in excess of that requirement. The third level consisted of two bedrooms and one bathroom. Each of the bedrooms has at least 120 sq. ft. which was sfgnficant in that the program requirer�ent for this ty�e of fa�ility calls for a minimum of 60 sq, ft, of usable bedroom floor area per occupant. The petitioners are proposing two occupants per bedroom. Mr. Robinson stated the building modiftcations �roposed will include cutting doorways between each of the units to allow for qrogram supervision. Of the four kitchens, one would remain as a congregate dining area, the others would be used as office space. Stoves, refrigeratars, and sinks would be removed from the other three kitchen areas. Mr, Robinson stated that presently there are eight parking stalls--four qaraqes and four hard surface areas. City code requires eight stalls so this does meet co�ie. Two stalls are required oer two bedroam unit. He stated the yard was relatively small and ]acks visual appeal. It needed landscaping and a passive area development which would include a security fence. Mr, Robinson stated the program will serve approximately 14 men and wamen. at least 18 yrs. of age, with primary diagnosis of inental illness. Priority will be given to Anoka County residents. One of tf�e key thoughts here is that the facility should be located ;n the people's own county so they wi11 be able to maintain existing jobs, family ties, etc. The program category is Category 1 which entails intensive ciinical treatment for the residents. Mr. Robinson stated the screening process has been described as thorough to ensure the clients referred are of no danger to the neighborhood. The ciients have been described as withdrawn, insecure, lacking skills which would enable them to have jobs successfully on their own, 7he concept is ta rriaznstream these individuals into living arrangements which would be more independent. The typical duration of their stay would be 4 months - two years. Mr. Robinson stated this facility would be litensed by the Minnesota Depart- ment of Human Services as a Ru1e 36 facility. It would also be licensed by the Minnesota Department af Nealth as a superv�sed living facility. Anoka County witl fund the program for approximately 5�% of program costs. 7he balance of 45� wiil be paid as room and board bv tF�e residents. Mr. Robinson stated the propasal does require a special use perr�it, Under R-3 zoning code, convalescent homes are allowed in residential with a special use permit. :is PLAtltJING COMMI_SSION MEE7ING, APRIL 3, 1985 PAGE 3 Mr. Robi�son stated the proposed staffing for this facility would include an administrator, program director, therapist, counselor, and a nurse. It would include a living skills specialist, a recreation specialist, several mental health workers and a secretary. One of the key provisions of the Rule 36 program is that there would be 24 hr „ 7 day a week supervision. Some one would always be awake and someone would always be on call. . Mr. Robinson stated it was also interesting to note the Minnesota State involvement in this type of faciiity. Recently there has been a force to decentraTiie the mentai health facilities; in other words, to get them out of the core cities and into the suburbs. Presently there are numerous mental health facilities in tf�e process of being estabiishedin other surburan locations. hlr. Robinson stated the State has enacted special nrovisions which include the Minnesota Public Welfare Licensing Act which was passed to regu]ate the Provisions of these services and to ensure proper care at these facilities. This Ac.': was evidence of the fact that resid;rtial facilities of this type have been ma�e a matter of state concern in that municipalities are prohibited from imnosing more restrictive conditions on them than are imposed on other special uses, unless necessary to protect the health and safety of the facility residents. Mr. Robinson stated that in terms of the Fridley special use permit, the special use permit restriction was set up to a]low reasonable amount of discretion in determining tf�e suitability of certain designated uses upon the general welfare, health, and safety of the area. Although not explicitly allowed, this parti- cular use is neither explicitly excluded and,in general,falls unde r the cate- gory of a convalescent home which is allowed in R-3 with a spec.ial use permit. It was interesting ta note that this type of facility wouid be allowed in C-2 or corm�ercial zon�ng without a special use t�ermit but wouTd require a 20,000 s4. ft, lot area. The proposed lot is slightly over 11,000 sq. ft. Mr. Robinson stated that in researching the facility, he talked to Ms. Marge Wherley, Resident Program Consuitant of the Hennepin County Mental Nealth Division, who stated that of the 20+ mental hea]th facilities in the Minneapolis area and the City of Minneapolis specificaily, there have been no incidents of assault by a resident on a neighbor. She also stated they facilitate over 800 c]ients a year. Mr. Robinson stated City Staff was recommending the following stipuiations if this special use permit is approved: l. �peration to be reviewed annually with a public hearing for the first two years. 2. Residents with automobiles be restricted to five or less. 3. Rear yard to be fenced with six foot high solid wood fence. This is to be completed prior to occupancy. 4. Petitioner to provide a landscaping pian and install prior to October 31, 1985. � PLANNIt�G COMMISSION MEETING, APRIL 3, 1985 PAGE 4 5, Proposed Advisory Committee to include City representatives (i.e. Human Resources Commission member and/or police Speciat Operations Division staff) 6. Contingency plan be initiated with Unity Hospital to cover any emergencies. 7. Facility wiil comply with all State and County rules and laws and be fully licensed. 8. Facility wiil comply with local and State fire codes. 9. Client characteristics wili be consistent with petitioner's contract with Anoka County (i.e, ind�viduals who do not exhibit behavior that is harmful to themselves or others). The petitioners were in the audience. Ms. Diane 011endick Wright stated she was the President of Commun9ty Options, Ltd., and the proposed owner of the building, She stated she would give a brief review of how Comnunity Options came to be in the Fridley area in terms of the selection of this site and the type of process they went tf�rough in getting the contract with Anoka County. She wouid also tell a little about the needs assessment. She stated Ranae Hanson, also a Board member and Secretary for Comnunity Options, the person who had met with the neighbors and has done most of the community contact,would speak on items regarding program characteristics, etc. Ms. Wright stated she currently owns and oaerates a facility in the Citv of Brooklyn Center ca�led P�orthwest Residence. She has been in residential treatment for the last nine years and in social services for the past eleven years. Her program that will be in Brooklyn Center as of April 19 (has been in the City of Minneapolis) has been in operation for about 12 years. She stated she has a Master's Degree in Social Work, has been in mental health for the last four years. Prior to that her residential experience was in children's care and treatment. Ms. Wright stated that in early January, Anoka County had a praposal (re4uest for services) that went out to vendors across the State of Minnesota. It was an open bidding process and seven vendors applied, of which Community Options was one. They had to write a program proposal, budget recommendations, possibilities of sites, etc., and went through a pretty stringent review by Anoka County along with references and oral interviews. Ms. Wright stated Community Options was selected as a potential vendor because it was felt they most closely met the needs Anoka County wanted to address. Anoka County did do a needs assessment that was quite comprehensive, and there are a number of out-of-county placements because there is no Rule 36 in Anoka County. She stated they currently have three Anoka County residents in North- West Residence, so there is definitely a need. At this time, they are the potential vendor, because the County does not act on their contract until the end of April. � �.:� PLAt�NIPJG COM►1ISSION MEETING, APRIL 3, 1985 PAGE 5 Ms. Wright stated they started looking for a site and had three real estate agents working with them. They viewed and called about 75 sites throughout Anoka County. They had some pretty stiff standards. The facilit� had to be easily accessible to public transportation, They needed 14 beds which did rule out several other four-plexes. A factor in favor of this site was it offered bedrooms on the second level `rom the living space wf�ich was ideal for their programminq. So, the proposed site has a lot of good potentials and also ' it would require a minimal amount of remodeling which was important in starting a program when funding was limited. Ms. Wright stated they had one neighborhood meeting last Thursday evenin4. If, things go as they hope,they will not close on the property until after they have received all the permits and have received the contract from Anoka County. They would then give tf�e tenants notice to move and would have probably 2-3 weeks to do the necessary remodeling and tf�en accept clients. This would probably mean a timeframe of July or possibly tf�e end of June. Ms. Ranae Hanson stated she and Ms. Wright were partners in Community Options. and she would be the administrator of the program. She stated she has started and administered two programs with the Willows Convalescent Centers. She started and administered Janus Treatment Residence in 6looming�on and the March House program in Minneapolis. The Janus Treatment Residence was the only long term program in the suburbs. It has been in Bloomington for tF,ree years. Ms. Hanson stated there will be 14 clients, both men and women, with mental illness diagnosis. They will not be taking any people who are violent or dangerous to others, who are assaultive, chemically dependent, or mentallv retarded. Their clients will be people who are appropriate for community�place- ment who can live in the corrmunity without any problem. They are not people who should be in the state hospital or community hospital. Right now most of these people are living in other Rule 36 residences outside Anoka County. Some are living in private apartments or with parents. Some are also living in foster homes. They will get some referrals from community hospitals-- people who have experienced depressive or other kinds of episodes, are in the hospital and then are stabilized and ready to go back into the cormunity, but would do better not going back to their families or into their own livinc� situations at first. She stated often clients from Anoka County do not want to go into the central metropolitan areas beca�se it is very frightenina to them. The clients are often very vulnerable to assault and often they have been victims of abuse in the past. Ms. Hanson stated all the clients are in the program voluntarily and do have to meet all the criteria. Once the_y are in the program, they have a strong independent living skills component that trains them in cooking, cleaning, personal hygiene, transportation, budgeting, etc., depending on their individual needs. There are group therapy and individual therapy sessions. There is an educational vocational support program. Many clients will be getting GED's, going to other work or college programs, or training programs. Hopefully, before they leave the program, they wil.l be working or be in volunteer placement. All residents have individual psychiatrists and social workers working with them. 4N PLANNING COMMISSIO�� MEETING, APRIL 3, 1985 PAGE 6 Ms. Hanson stated the administration would be as follows: Administrator - 1/2 time Program Director - full time Therapist - full time Counselor - full time Nurse - 1/2 time Secretary - 1/2 time Ms. Hanson stated there will be 24 hr, coverage but none of the staff will live there. Ms. Hanson stated they will have a contract with Anoka County that says what their client characteristics are to be and what their target population is, and they are bound to that contract to accept those clients. They also have the same criteria placed on them by their Rule 36 license thev have with the Minnesota Dept. of Human Services. They will get that licenseybefore they start the operation, and it is reviewed annually. They will also have a super- vised living facility license from the Minnesota Health Deqt, which indicates what type of clients they can take and governs such as aspects as food and medications. They will be able to take clients who are on psychotro�ic medications. The psychiatric nurse will monitor the medications with the residents. Ms. Gabel asked that when there is minimal staff on weekends. are the staff trained in crisis interventton? Was there an emergency procedure? Ms. Hanson stated all of their staff have to be trained in crisis intervention. She stated that at rast times, there will be two �eorle in the facility. At niqht from 11:00 p.m. - 8:00 a.m., there will be only one person,but there is always a back-up staff person �•!ith a beeper who is accessible and can come in. They aiso have an agreement with the hospital for back-up care and will utilize the paramedics and police if the need arises. Ms. Gabel asked about the history Northwest Residence has had in terms of having to call the police. Ms. Wright stated that in the past l; years, they have had the police on site only twice--onc� for a situation where a neighborhood person who was alcoholic came on the premises, and one incident where a woman had heart palpitations and thought she was having a heart attack. She stated they have not had to call the police for any internal conflict. This was not to say that it could not happen, but they have been very fortunate in preventing that. Ms. Schnabel asked about the average age span of the clients. Ms. Wright stated for this program they are anticipating clients from ages 18 - 35. PLANNING COMt1ISSI�N MEETING, APRIL 3, 1985 PAGE 7 Mr. Minton stated he had two questions: (1) Could they explain what other suburban cities these kinds of facilities exist in or will exist in in the near future; and (2) Were they given any information on the number of Anoka County residents placed outside the County because of lack of this kind of facility in Anoka County? � Ms. Hanson stated Janus Treatment Residence was in Bloomington. The others are only getting started. Another program is coming into Bloomington, North- west Residence is moving into Brooklyn Center, and others will be moving into New Hope, Golden Valley, and Eden Prairie. Dakota County and Washington County are each getting a facility. Ms. Wright stated that at the end of February 1984, there were 20 Rule 36 clients out of Anoka County. The avera�e for 1983-84 was 22 clients; and at any one time, the yearly average was figured at approximately 38 clients who could be in need of Rule 36 program. Ms. Schnabel stated she was interested in a few statistics about Janus Treat- ment Residence in terms of how many persons are in that facility and if there have been any requests for police assistance. Ms. Hanson stated Janus is still an existing program run by Willows Convalescent Centers. It has two four-plex apartment units and has 24 residents. They have less supervision tf�an tfus program will have. T(�ey have only one night staff person for both buildings and that staff person sleeps. Otherwise, it was very similar. The residents are aged 18 - 35. While she was there, the calls made were probably one every 2-3 months for either an ambulance or police supaort, and that was for both internal and external kinds of things. There were no incidents involving anyone in the community. Mr. Minton stated some of the objections he has heard Zs that the facility proposed does not have adequate sized parking lot or yard. What was their answer to that? Ms. Hanson stated they would have liked a larger yard. They could not find any place in Anoka County that was perfect, and this was the closest they could get. They would like to have a fenced-in area so there was a place for a picnic. They will have a program van so they will often go as a group to other places. They think they will have adequate space for parking. Most of the time, their residents cannot afford cars. At most. there will be six staff at the site at one time. They will have an internal policy that no one will park in front of neighborhood houses. Because they have intensive programming during the day and most of the residents go to their famiiies' homes, most frequently there are not manv visitors. Ms. Hanson stated they had shown a video tape at the neighborhood meeting entitled, "With Open Arms" made by the Mental Health Advocate Coalition. The first part of the film was about residential treatment and had some scenes from another residential Rule 36 facility. She stated they have had some requests to show this video tape and it might be very.info nnative for both Comnission members and the people in the audience. Ms. Schnabel stated it would be appropriate to show this video tape at this time. � C'�J PLANNING COMMISSION MEETING, APRIL 3, 1985 PAGE 8 Ms. Susan Lentz, 222 Grain Exchange Building, Mpls., stated she was an attorney with the Minnesota Mental Health Law Project. She was at the meeting to speak on behalf of the Mental Health Association of Minnesota which was an affiliate of the National Mental Health Asssociation and was a state-wide organization devoted to education and advocacy for and on behalf of inentally ill people. The Mental Health Association did not ordinarily endorse p�rti- cular providers, but she was at the meeting to endorce the concept of this Rule 36 facility in Anoka County and, specifically, in Fridley, and to encourage the Planning Commission to support the special use permit being considered at this meeting. She stated she hrs worked personally with both Ms. Wright and Ms. Hanson and she felt they were indeed competent and were professionals who could be relied on, who have done excellent jobs in other facilities. Ms. Lentz stated she has also been involved in the special use permit process and litigation about it in a number of corrnnunities. She knew the Planning Commission realized their role was to consider whether the basic criteria for a special use permit have been met and, if so, to grant the permit. She stated they have already heard ample evidence about how this facility will meet various state requirer�ents, county requirements, and will fit into the neighborhood and will indeed benefit the neighborhood. Ms. Lentz stated Mr. Robinson had spoken to some of the issues in terms of state law. The State has set certain criteria that the decisions about allow- ing residential facilities for certain kinds of disabled people are matters of state concern. In this instance, if the criteria in the Citv's local ordinance and the State Rule 36 criteria are being met, this facility is entitled to be in this neighborhood. Ms. Lentz stated the Planning Commission was probably aware that this was a matter that was litigated, and there was a decision by the Minnesota Board of Appeals a few months ago involving the City of Brooklyn Center. She was involved in that case. In that case, the Board of Appeals noted that facilities for the mentally ill are really a matter of state concern as long as it meets state requirements, and one that should be allowed as long as the various criteria in the City,or in terms of impact on the external environment,are there. Ms, Marge Otten, 5311 4th St., handed out to the Planning Comnission membe�s pictures of the building so the Planning Commission members could see the size of the yard and parking lot. She stated she was not opposed to a mental health program for Anoka County. That was not their purpose. They were at the meeting to consider whether this b�ilding was the right building to be chosen for the program. She stated she had been chosen by the neighborhood to read a letter addressed to Community Options, Ltd., from A1 Kordiak, Chairman of the Anoka County Commissioners, dated March 22, 1985, in which Mr. Kordiak stated he did not think "the decision to locate a facility at 54th and 5th St, was in the best interest of either those to be served or those people who live in the adjoining area". Mr. Kordiak gave his reasons for that statement, and stated he was requesting the Mayor of Fridley, Ed Fitzpatrick, the Councilman representing that district, and Robert Barnette, Councilman-at-large to support him "in requiring Community Options to select a site that was com�atible with the area and one that in fact would have comnunity support". Mr.Kordiak stated he would be willing to help Community Options select a more appropriate site. 4K PLANNING COMMISSION MEETING, APRIL 3, 1985 PAGE 9 Ms. Schnabel stated the Planning Commission had receivsd a copy of Mr. K�ordiak's letter in their agenda information. Ms. Rhonda Peterson, 516 54th Ave., stated she would like to add to the Planning Comnission's minutes a letter she had received the previous meeting from Ai Kordiak that was written from George Steiner. Director of Cor►munitv Health and Social Services Dept, of Anoka County, to A1 Kordiak, dated April 2, 1985. Ms. Peterson stated she operated a group family licensed day care facility � two blocks from the proposed site. There were nine licensed day �are providers within a six block radius of the proposed site. She had a concern from the parents of the children she takes care of. They are afraid for their children and some will pull their children out of her day care facility if this Rule 36 facility goes in. She stated her livelihood was in jeopardy because of this facility. Ms. Peterson stated she was not against this program at all. She was an LPN. If there was a need for this in the community, as there was a need for day care, she was all for it, but she was opposed to a site so close to family day care and group family day care which would harm their business relationships. Ms. Peterson stated day care providers have to be above reoroach because of their responsibility for the children and the children's care. She stated the day care providers respect and follow those rules, and she could not have the added responsibi�ity of knowing that two blocks away something could happen. She has had her day care license for nine years. Ms. Kathy Prieve, Anoka County Mental Health Advocates Coalition, stated she hac! worked at Rise, Inc., coordinating the mental health program in An�ka County for the last 3� years. She was presently coordinating the program in Hennepin County. While she was working in Anoka County with Anoka County residents, other staff peopie noticed there were many people receivinQ their services but had no place to live. They had to live in either downtown St. Paul or Minneapolis, and some in St. Louis Park. She stated there are some people in Fridley who are mentally ill and have a right to service in their own community. They are your family, your neighbors, your frien��is. Ms. Prieve stated they organized some consumers, professionals, and concerned citizens and tried to advocate for change in Anoka County. Over the last 32 years, they have worked with County staff people, city people, and private organizations, to improve the mental health services in the community. Their number one priority since May 1981 was to get a residential facility. They have worked very hard for this, and they think Fridley is the best site. The people of Fridley are very friendly, the community is nice, and the transpor- tation is excellent. This site was close to Rise, Inc., in Spring Lake Park, Central Center for Family Resources in Blaine, and accessible to many medical services. . Ms. Toni Holcomb, 45 - 106th Ave., stated that every time she had to move, she had to move into Minneapolis or St. Paul, She stated she had worked at 4:. PLANNING COMMISSION I�EETING, APRIL 3, 1985 PAGE 10 D.A.C, with little children, and no one was worried about her being with the children. Mr. Ray Lafave, 5375 5th St., stated they have gone around the neighborhood with a petition, and he would like to present this petition to the Planning Commission. He stated the petition stated the following: "lJe, the undersigned, petition ti�e Fridley City Council and Fridley Planning Comnission to deny the Special Use Permit requested by Comnunity Options, Ltd., for the purpose of usinq the 4-plex located at 5378-5384 5th St. N.E., Fridley as a mental health facility. We believe this site is unsuitable because: 1. The idea of having a business in a residential area is undesirable. 2. There is fear for the safety of the many children in the area as well as the adults. 3. The potential for property values to go down. 4. It is a densely populated area due to the many multiple dwellings and more traffic is not needed in the neighborhood. 5. It would cause the loss of tenants to area landlords. 6. It would create parking proble�s in the area. 7. It has little or no yard area for patient use. 8. We believe a more suitable location can be found elsewhere in Anoka County. 9. It is close to busy traffic areas, such as 53rd Ave.. University, and the freeway." Mr. Lafave stated they had a neighborhood meeting and a meeting with Ms. Hanson, so they have been educated about this. He stated he would guess ap�roximately 90% of the neighbors witf�in a three-block radius were against this site for the reasons listed in the petition. Mr. Lafave stated he owns a double bungalow. He lives there and maintains it and plans on raising his family there. He bou�ht his building 8'z years ago with the assumption that there was a multiple dwelling across the street with four families. Now, there will be more people in that building. He stated the people are ]eary of this program, whether it is prejudice or ignorance, it did not matter. The neighborhood is not necessarily opoosed to the facility, but they feel this is not the proper location for the facility. The building is not adequate. Mr. Lafave stated this is a struggling neighborhood, and many of the home- owners are trying to keep their property values up. This facility will not help them at all. Mr. Lafave stated some of these people are self-destructive. They feel this will bring more chaos into the neighborhond. There will be more ambulances in the neighborhood. Mr. Lafave stated there are eigf�t doors in the buiiding. For security reasons tF�re is only going to be one person there at night to assure the neighborhood there will not be any problems. There was no common hallway in the building. 4M PLANNI�IG COMMISSION MEETING, APRIL 3� 1985 PAGE 11 MOTION BY MR. OQUIST, SECONDED BY MR. NIELSEN, T1D RECEIT.'E PETITION NO. �3-19H,5 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCfINABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Becky Fink, 1958 - 105th Ave., Coon Rapids, stated she was the Director of the Anoka/McKnight Community Health Support Program. She stated she would like to speak about the need for community-based services. She stated Community Options was very much solicited by the County and through a lot of work by the Mental Health Consortium of Anoka County. which has a number of family members, consumers, policy makers, providers, all of whom felt the need for this service. Ms. Fink stated that when they talk about the need for parents to be able to choose day care sites, she would like to say that in the audience there are family members as well whose children grew up to have mental health problem�. These are people living in this comnunity. As someone who has provided community-based services in the last five years, she has had the opportunity as job placement person for Rise to serve the very people they are taTking about here and help get jobs for them in tF�e community. Ms. Fink stated one of the roles of the Anoka/McKnight Foundation is to work on community education, because they know that one in four or one in five are affected by mental illness. She stated there were family �er��bers at this meeting who would probably not testify that their grown adult children have had to move out of the communitv because of the "mentally ill" stigma. Ms. Fink stated she could understand the concern about safety. They have been operating community-based services in Anoka County for a nur►ber of years, and there have not been any safety issues. In terms of ambulances� yes ambulances can appear a number of different times at anyone's hor�e, nursing home, and perhaps a Rule 36 residence. She hoped it was O.K. to call for that type of service if people are in need of it. Ms. Fink stated that having been involved in the last 1; years in this service they have worked so hard to bring to Anoka County, she wanted to say they were very confident in Community Options Ltd. Anoka County was certainly the last metr000litan county to have its own residence. As someone very concerned about mental f11 services, if it has taken thern this long to get one here, they fully intend to make this facility one of the best, if not the best. in the State of Minnesota. She would appreciate the Planning Commission's support of this special use permit. Mr. Jim Nimlos, 625 Dover St., stated he lives just kitty corner from Roma Maloy, who has a foster home for mentally ill adults. He stated he has lived for Z� years at this address, and he has witnessed a couple of ambulances coming to Ms. Roma's home only because he happened to be looking out the window. The ambulances have never caused any disruption to the neighborhood. He stated he has an 8 month old son at home with his wife, and he has absolutely no fear for hfmself, his wife, or his son in living close to the same type of people who would stay at this Rule 36 facility. 4N PLANNIP�G COMMISSIOf� MEETING,APRIL 3, 1985 PAGE 12 Ms. Irene Vasecka, 5427 4th St., stated she had called her insurance company and was told her home insurance would go up if this facility was put in operation. Sf�e stated they, in the Third Ward, received no notices about this spectal use permit request. Ms. Linda Anderson, 5360 5th St., stated she was out getting petitions signed, and she did not have one person turn her down. She felt this business was a for-profit business, and it was being forced on them. They do not want it and do not need it in this location. There are too many children in the neighborhood. Ms. Rona Maloy, 7995 Broad Ave., stated she was the foster provider mentioned earlier. She stated that, yes, the ambulance has to be called to her house occasionally because she has an epileptic person who lives with her. A concern she had was that Anoka County people have had to travel to Minneapolis and St. Paul. She has had girls in her home who have had to go to Minneapolis or St. Paul, and �it has actually torn them apart because they are �way f rom their friends, parents, and their co�ununity. She stated they seldom get visitors. She stated she also has a day care center across the street from her, and there have never been any problems. In fact, some of her girls have been asked to babysit children in the community. She stated that in a facility like the Rule 36 facility, the residents can get far more structured help than she is able to provide in her home. Mr. John LaBreche, 1381 Onondaga St., stated he has been a resident of Fridley for nearly eight years. He was Co-Chair of the Anoka County Mental Health Advocates Coalition. He was speaking in favor of the special use permit. He was very interested in this issue because he suffers from mental illness. He has been hospitalized four times in the last ten years. On the other hand, he has been employed for the last six years, has a wife, two small children, and owns his own home. Mr. LaBreche stated he wanted to talk about what he saw as the main issue here. He stated the neighbors near this proposed residence are af raid of inentally ill people. The question was: Is that fear reasonable or not? He stated most people get their information about mental illness from the 7V, movies, and newspapers. TV and movies portray mentally ill people as blood thirsty killers. With this type of information, it was no wonder the general public was afraid of the mentally ill. He stated this is not the true picture. He stated that 600,000 peoole in Minnesota will need some tyqe of inental health service this year, over 80,000 of those are cf�ronically mentally ill. What pe rcentage of these thousands are dangerous to others or property? He stated tt is a very small percentage. Even if it is a small percentage, how do they know that some of them might not slip through and be in this facility? He stated the directors of this center will rely on psychiatrists and other professionals in the field to screen out those people with violent histories. There is no guarantee, but the track record of the other facilities for these people is clear. The probability of an incident at this facility was quite small. Mr. LaBreche stated that from his own experience and his own illness, he did not know if he could communicate to the oeople who have never been mentally ill how great the need was for such a residence in Anoka County. He stated he was released from the Vets Nospital in Georgia in July 1975. .4t that time, T PLANNI�IG COMMISSIOt� MEETING, APRIL 3, 1985 PAGE 13 there was no Rule 36 residence available to him. He was isolated and bewildered by his illness and thought he would never have a normal life. He needed the support of professionals, but more than that, he needed to be with others with experiences like his--a halfway point between the hospital and independence-- in the community close to normal people with normal lives, but with some protection and support. Because he did not have this, he believes his recovery was delayed and his suffering increased. He stated he does live a normal life now as also many others do. The goal of this Rule 36 residential treatment center is to help mentally ill persons achieve as nearly a normal life as possible. The need is great, and he would urge the Planninq Comnission to vote in favor of the special use permit. Ms. Schnabel stated the Planning Corr�nission members also had a letter Mr. La6reche had written about his feelings on this subject and urging the Pianning Commission to vote favorably for the special use permit. Ms. Sue Jenson, 5384 5th �t., stated she lives in the building Droposed for this Rule 36 facility. Everyone is so concerned about these people having a place to live, but what about her? She stated she is a single parent with a small son working 40 hrs, a week. She has found nice people in this neiqhbor- hood, and she is verv comfortable living here. She stated she has never had any contact with mentally ill people and admitted she was very uneducated. But, as a renter, if this special use permit is approved, she would never consider renting from anyone in the neighborhood. She stated that as far as the building, it is in very poor condition. Ms. Nadine Phillips, 1927 Hennepin Ave. S., Minneapolis, stated her "label" is chronically mentally ill. She was five years old when she had her first nervous breakdown because of family problems and because in her family she did not learn how to cope. She did not learn what it meant to be angry and not hurt herself, because everyone else was hurting her. So. she started cutting herself. She stated she still has a problem with cutting, but it is not nearly as serious as it was, but it got to the point where she was cuttinq herself 4-5 times a day. Because she could see the pain on her arm, that pain meant that what was hurting inside made sense. She grew up never being able to expHess any feelings so those feelings got stuffed inside. Ms. Phillips stated later on she got married and had twin sons born with a lung disease. The responsibility of her sons was totally on her. Her marriage was one of an abus�ve situation. She got very depressed, put her sons into foster care, and took an overdose. She was admitted to the hospital and was admitted to the psychiatric ward. In the psychiatric ward� after she got out of intensive care, they began to work with her. Her hospitalization lasted about eight months. She had shock treatments, numerous amounts of medicine, and eventually they decided she should be committed to Anoka State Hospital. Some people f rom Court Petitioning came and talked to her and asked her if she had ever been through treatment. She stated she had not but just wanted to get well and would give it a try. They recommended to the courts that she be sent to Janus Treatment Residence. When she got to Jan�s, she was very withdrawn. She was scared, but more than anything e]se, she was hurting. She was not desperate enough to run out to a park and hurt little children. No one she was in treatment with would hurt children. 4P PLANNIt�G COMMISSION MEETING, APRIL 3� 1985 PAGE 14 Ms. Phillips stated she stated one year and three months at Janus, and she learned a lot about what she was all about. She learned it was O.K, to have feelings and learned what her feelings were and how to express those feelings positively. She doesn't have to hurt herself anymore. Ms. Phillips stated she was the kind of individual they were considerin�g whether or not should live in this cormunity. She stated she does not hurt people. Mainly the media has made them into "maniacs". The majority of the population that is mentally ill are not "maniacs". Ms. Phillips stated that since she got out of Janus about a year ago, she has gotten her GED, has started college full-time studying physical therapy at St. Mary's Jr. College. She stated it is a tough program, but she is making it. She takes medications and goes to a psychiatrist two times a week, but she is holding herself together and she is very proud of the accomplishments she has made. She has a long way to go yet to feel good about herself, but nonetheless, she is doing very well, and she would not have had that chance if it were not for a program like Janus Treatment Residence. Mr. Michael Anderson, 5360 5th St., stated there were very few people in this room who were against people with mental illness and were not against any program. It made him angry when people got up and said he did not care for these people when he did care for people. He objected to the site for this progran. He did not feel this was the right type of building. He felt the building should have a central hall so people can be monitored and get help if they need it. Mr. Anderson stated that when he grew up and went to school, he was taught he was living in a democracy and the people who live in an area have a right to govern themselves and have a right to say what happens in their neighborhood. Ms. Janet Nye, 2112 Portland Ave. S., t!inneapolis, stated she lives two doors do►�n from Sentinel House which was viewed on the video tape earlier in the meeting. She stated she has never seen any aggressive activity on the part of the residents who live there. In fact, she has had some very pleasant conversations with the people who live there. Their house is also the nicest kept house on the block. She was in support of this program, and she felt these people deserved a better chance to have a better life. Mr. An¢y Haechrel, 5367 5th St., stated he was not against the mental health facility either, but he felt this building was a bad place for it, because of the children, parks in their neighborhood, and they are not accustomed to tE�is type of thing. It was a drastic change for the neighborhood. Ms. Pat Sudlicki, 5380 6th St., stated she has lived at this address for 23 years. She could understand the need for the program. She sympathized with the afflicted and their families. In their neighborhood, because of the multiple dwellings, they have a high density population and parkinq is already at a premium. She was concerned about the parking situation. She was concerned about the fact that the building would have eight doors. How can the building be secure at night with only one person on duty? She did `�� PLANNING CONMISSION MEETING, APRIL 3t 1985 PAGE 15 not think this was �he best building Por this program, and the neighborhood did not need the additional problems this type of facility would bring. Mr. Ray Lafave, 5375 5th St., stated he wanted to emphasize to the people in the audience, the Planning Commission, and the City Council that they were in sympathy with those who suffered from mental illness. They were just against the location of this facility. He was also a proponent for government working for the people and not the people having to listen to the government. He stated the Planning Corrmission should not let the attorney present in the audience intimidate their decision. He stated the neighbor- hood is willing to hire an attorney to look ir.to the legalities. Ms. Nancy Jorgenson, 5130 Polk St., stated she was President of the Anoka Day Care Association. She had been contacted by several day care providers in the area--there are nine within a six block area. The providers are servicing between 50-75 far�ili�s. These people, through ignorance or whatever, are going to be necessarily or unnecessarily alarmed at what is happening in Fridley. There has been media coverage of this and there will be more. Ms. Jorgenson read the letter from George Steiner, Oirector of the Anoka County Community Nealth & Social Services Dept., addressed to A1 Kordiak dated April 2, 1985, in whic� Mr. Steiner stated Comnunity Options was responsi6le for the selection of a site for the Rule 36 facility, and that the County was not recommending a specific site for this facility. She stated it was her understanding that the neighborhood had been told that this site had already been approved by the County. Tf�is is not the case. Ms. Jorgenson stated she could not give her opinion as she was representinq the Anoka County Day Care Association, and she has not talked to all nine of the day care providers in this area. She has talked to three who are definitely opposed to this facility for fear of the loss of business. Again, they were looking at putting a commercial business in a residential area. The person with foster care and the day care providers also have businesses, but those businesses are in their homes. She stated she #�as worked with children with learning disabilities and special disabilities. She has found these children to be generally quite happy in the environment she provides. She has also found that when they do become frustrated or angry, they do get physical to themselves. Her concern was that children will learn what they live. The children in the neighborhood are going to learn by what is happening around them, not that someone is necessarily going to physically harm them, but some consideration should be given to the numbers of children in this neighborhood and not have a commercial business in this residential neighborhood. Mr. Richard Byers, 5300 5tf� St.� stated he has lived at tf�is address for 21 years. This proposed facility was a comnercial enterprise dispensinq medication for which t�ey have to have licensed people, so it was a hospital in form; it was not a residential home. Whether the fear of inentally ill people was founded or unfounded, it is still fear. There are some older people in the neighborhood who are not going to feel comfortable or safe in their homes. They are not objecting to the program; they are objecting to the location and the quality of the Aroposed building for this purpose. The �ilding is not well constructed and is not in good condition. 4A PLANNING COMMISSION �EETING, APRIL 3, 1985 PAGE 16 Ms. Terry Buckeridge, 6365 5th St., stated her parents live on the block in question. She grew up feeling this neighborhood was safe. She has a daughter two years old, and she would feel unsafe bringing her daughter over to her parents' home if this facility goes in. She was not opposed to the program. If t�e people in question have sporadic mood swinqs and go through stages where they are uncontrollable, how do the people in the neighborhood know what these moods are going to be from one moment to the next? There is r.o guarantee there. She grew up in this neighborhood, and she felt it should be kept safe for the people living there now and the generations that grew up there. Mr. Jerry Skaare, 5380 5th St., stated he lived in the buildinQ in question. He stated there was barely room for the eight parking areas mentioned by Mr, Robinson. From talking to people in t�e neighborhood, he had not sensed any resentment to the mentally ill. He believed a large percentage of the people in the neighborho�d have been touched by mental illness in their families. He has been. He just felt that if there were other options for the facility in commercial zoning, 20,000 sq. ft, for 14 people seemed to be more aparo- priate than 11,000 sq. ft. Mr. Skaare stated that as a resident, there is no front yard� and the back yard is all parking lot. The building is in need of a lot of repairs, and the parking lot needs to be replaced. Ms. Marian Crandall, 5370 5th St., stated her back door looks over into the parking lot ��here they anticipate putting up a privacy fence. With a fence, she will open her 6ack door and feel like she is in prison. She stated she has a family member who is mentally ill, but there are other places for a home for the mentally ill than in a residential area. She was also concerned a�out the parking, especially in the winter time. Mr. Roger Stene, 870 Pandora Dr.,stated he was a sinqle parent of a mentally ill son. He stated he would like to say so�ething about mentally ill peo�le. There are a number of them who live riqht in his neighborhood, and he did not think his neighbors even knew it. He stated his son lives with him because there is a 1-5 year waiting list in Hennepin County for these types of residences. These people are living among Fridley people right now, and thev do not even know it. Ne stated that regarding the driving and parking situation, if a person lives in a Rule 36 facility, they usually get $36/month and a bus card. The fear of the extra cars and traffic is comp letely unfounded. He stated in his neighborhood, the biggest pro6lem is the harassment of the neighbors tovrards his son� so his son spends most of his time inside. Ne stated it really hurt him to hear these things being said about people like his son, and there has been no place l:ike this available for his son. It was better for these people to be ) i vi ng � n con�ol l ed � i tuatfons 1 i ke the faci 1 i ty proposed than to be just walking tht stree� when parents are working and they are alone most of the time. Ms. Susan Lentz stated she wanted to respond to some remarks that were made with reference to her. She stated she was sure the Planninq Comnission would be consulting with their own legal counsel, and she was only there to point out the view of the Mental Health Association. She would like to make a corment about the fact that this is allegedly a commercial use. She quoted State ► �� PLAWNI��G COMP1ISSION MEETING, APRIL 3� 1985 PAGE 17 Statute HS 245.812, Subd. 3, which stated: "Unless otherwise provided in any municipal/county zoning regulation, a licensed residential facility serving from 7 through 16 persons, or a licensed day care facility of children, shall be considered a permitted multi-family residential use of property for purposes of zoning." . Ms. Lentz stated that while she could understand the neighborhood's concerns, she wanted to point out a lot of contradictor�� information: That this facility was too close to traffic; tf►at too muCh traffic would be created; that there is not enough recreation and yet it is too close to the parks; that there is the potential for property values to decline, vet numerous studies have been done showing there is no decline in property values• on the other hand it has been said that this building was already in a�eteriorated condition and not good for anyone te live in. She would like to suggest that neighbo►•hood opposition based on stereotypes was not a vilid reason for denyinq the special use permit. She would also like to point out that persons with mental illness are a protected class under the Human Rights Act and cannot be discrir�inated against. She stated tf�ere was reference made by someone in the audience that children learn from what they see. She would hope that children would learn tolerance from the example of a neighborhood that accepts a facility like this. Mr. Don Lavin, 180 River Edge Way, stated he was the Program Director for Rise, Inc. Rise, Inc., is a private. non-profit rehabilitation facility located in Spring Lake Park. Rise provides job training and job placement assistance for people witf� disabilities living in Anoka County and surrounding communities, including Fridley, They have a very proud history af providing services, employment, and job placement support for people with disabilities. They have been serving Fridley for 14 years and have learned quite a bit about peo�le with disabilities includinq mental illness. They have learned it takes good job placement programs, good placement support, and activity with the business community. It also takes stability in the individuals' personal lives and a suppoNtive healthy living environment. This is somethinq that has been lacking in this county for some time. Rise supports the development of this residence and looks forward to cooperating with them. Ms. Darlene Rusch, 561 63rd A;�e., stated she was re�resenting the Social Ministry of St. Williams Catholic Church with does supoort this program in the City of Fridley. She would like to make the follo►�ing corxnents: If not us, who? If not here,►�here? If not now, when? It has been stated that one out of four people suffer from mental illness. In a city of 30,000 people. she would guess that people in this audience were either touched personally by mental illness or would be at some point in their lives. Ms. Rusch stated she did not believe people were born with mental illness. She believed there was a chemical imbalance in the brain so they cannot function as well as "normal" people. She would venture to say that if they were qoinc� to house 14 diabetic people, there would not be nearly the opposition as there . was at this meeting. Sor�ehow, people can accept someone as a diabetic, but cannot accept a person who, through no fault of his/her own, is mentally ill. No one wants a facility like this in their neighborhood, near their children, near their day care center, near their business or park, so where are these people going to live? Fridley should be biq enough to encompass all people. 4T PLANNI�dG COMMISSION MEETING APRiL 3, 1985 PAGE 18 She grieved for the mentally ill and their families, and as a Christian, she would offer them hope, and she hoped the Citv of Fr`dley would do the same. Mr. Alan Swenson, 5353 4th St., stated he owned the property directly behind the building in question. He did not think this was the tvae of propertv to be used for this facility. He thought a much better site could be found. There are many children in the area wf�o often go unsupervised to and from the playground down the block. He stated children can be very cruel unknowingly, and he thought a bad situation could evolve from tF►is. He would recomnend the Planning Commission deny the soecial use permit request. Ms. Linda Keating ctated she worked for Rise, Inc., in Spring Lake Park. She was a vocational training supervisor for the chronically mentally ill. She worked with a case load of 20-25 people, 8 hours a day, 5 days a week. She stated these people come exclusively from Anoka County and would like to live in Anoka County. They are nice people, and she enjoys working with them. They make good employees. She stated she has heard a lot of discussion from the neiqhbors, and there are some legitimate concerns and legitimate fears, and a lot of the neighbors are willing to admit they are uninformed on this issue. She saw a lot of energy going into trying to keep that information as far away as possible. She would ask them to put as much energv into understanding mental illness and what they should and shouldn't be afraid of, what the program will and will not do, will and will not permit. Ms. Vicky Otis, 5378 5th St., stated she lived in the proposed building site. She stated she had not been aware of this proposal earlier; and now if this special use permit is approved, four families will be displaced. Ms. Schnabel stated she would now like to give the petitioners an opportunity to respond to concerns and questions. Ms. Diane Wright stated she did write down some of the corrments and questions and would try to respond to these. She stated this would not be a locked facility. Whether there are six or eight doors would Make no difference. Their concern was not on having constant visual contact with the clients. They will not have clients in their facility who need one-on-one supervision. They rely mostly on peer support; in fact, in a good treatment center, a lot of the treatment is done by the peers and not always exclusively by the treat- ment staff. Ms. Wright stated the visual aspects of the property are not of a major concern to them because there are several things they r�eed to do to bring it up to code, They picked the property for the reasons mentioned earlier in the meetinq. Ms. Wright stated they are a business and will conduct themselves as a' business; that is a quality they have. However, this will be the clients' residential home, even though for her and Ms. Hanson it is a business. She stated it was important to take the perspective of the residents who will be living there. These people deserve to be in a community-based facility in a residential area. Having the facility in a commercial area would not make it community-based care. au PLANNING COMMISSIOW MEETING, APRIL 3, 1985 PAGE 19 Ms. Wright stated a concern expressed was the explosive nature of the clients. Generally speaking, clients are not explosive at a whim. Usually when a client is starting to decompens�te, the treatment staff have been aware of the syr�ptoms over a long period of time, and they can do a lot of preventative things to prevent that episode from occurring. They cannot guarantee a�crisis will never happen, but their staff are well trained in noticing symatoms. That is a key part of the program. Ms. Wright stated that as far as parking, it has been their history that maybe one or two clients might have a car. Most of these people live on $35-40/month. At any one time, they will probably only have four staff inembers at the residence and up to six at the most for a special meeting. Ms. Wright stated that as far as the concern about parents and day care centers, she would recommend that rather than the day care providers trying to do the education that the parents be encouraged to visit their facilities. They would be happy to educate the parents that have concerns. Mr. Saba asked Ms. Wright to describe the make-uo of their Community Advisory Council and what kind of authority they would have over this facility. Ms. Wright stated the advisory council was required by state law and requires that members coMe from a mix of the communitv. For example, Northwest Residence has a consumer, a parent, a county social worker, three neighborhood repre- sentatives,including a city official. Occasionally, they can get a osvchiatrist or a lawyer on the cour�c;l. She stated the authority of the council is not the same as a board of directors, but they have the authority to give advice to the program and to the Board of Directors. In her situation, they serve as a grievance panel for her staff and clients. The council has full access to statistics, financial data, licensing information, etc. She would assume Ms. Hanson would run this program in the same way. Ms. Hanson stated they would like to have neighborhood volunteers on the council. If there was a large enough group, it would also be nice to have a separate neighborhood advisory board, as w�ll as neighborhood representation on the advisory council, becau9e they feel it is particularly important to have good relationships with the neighborhood. It has been their experience that there is always neighborhood opposition, but fortunately the neighbors become their friends later. She felt this would happen here also. Ms. Hanson stated there would be no sign on the outside of the building. Again, they looked at a lot of buildings and this best fit their needs. It also meets all state requirements. MOTION BY MS. GABEL, SECONDED BY MR. MINTON, TO CLOSE THE PUBLIC XEARING ON SP N85-OZ BY COMINUNITY OPTIONS, LTD., BY RANAE HANSON. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED TNE PUBLIC HEARING CLOSED AT I1:00 P.M. 4V PLANNING COMMISSION MEETING, APRIL 3, 1985 � PACE 20 Mr. Oquist stated it was not apparent to him that the building was adequate, but it was adequate by state code. They have heard often that this is not the right site, but he was not sure what the right site really was, and how do they choose the right site? He thought there were times when they, as a City, have to look at the whole and not an isolated area and feel mavbe th�s is something they have to be responsible for. � M�'. Oquist stated that in reading over the information, he was not sure they could deny this special use permit based on an interpretation of State law which reads: "Rather, it must be read to permit municipalities to impose only special health and safety standards appropriate to the characteristics of a particular site...The grant of authority does not permit municipalities to establish special regulations concerning the general welfare of inentally ill adults and thus is not a basis for a special occupancy requirement." MS 245.812). Mr. Oquist stated there was another statement regarding the court case between Northwest Residence, Inv., vs Citv of Brooklyn Center which stated: "The Court of Appeals rejected each of these contentions upon a determination that the alleged problems would not be any greater under the proposed use than they would be under uses already permitted by the ordinance." Mr, Oquist stated the contentions talked about were parking problems, traffic hazards, inadequate recreational facilities, a diminution of enjoyment of adjacent �roperty, that the use was a greater intensification of a arevious non-conforming use, and the structure was not designed to occupy 18 individuals. Mr. Oquist stated that from a legal standpoint, he did not think they could prove a real safety-type hazard, so he would have to vote in favor of the special use permit. Mr. Saba stated they talk about the people not having a voice. The state statutes that the city is bound by are passed by state legislators, and people often ignore what happens at the state legislature and then complain when they have to live by those state statutes. He stated they have to abide by this state statute; however, they can impose stipulations on a special use permit. Ms. Schnabel stated that on the basis of the court case in Brooklyn Center, the Planning Commission must be very careful in their decision. They need so�e pretty substantial concrete reasons for denial. Mr. Minton stated he would also like to express appreciation to the two people who have exoerienced mental illness and the father with the mentally ill son for sharing their experiences with those present. He stated he felt that took a lot of courage, because this is a very emotionally-charged meeting. He stated all the residents from the neighborhood have been very careful to note that they are not against the program for the mentally ill, are not against the mentally ill, and felt this kind of program should be somewhere even if it is not in their neighborhood. He felt the objections they have heard are objections they would find in any neighborhood in Anoka County. They are iegitinate objections. There are fears. Maybe the fears are av�/ PLANNING COMMISSION MEETING, APRIL 3, 1985 PAGE 21 unfounded, but as one gentlement said, founded or unfounded. they are still fears. Ne stated he felt the Planning Commission has to go beyond these ktnds of interests, because they are representing an element of government-- the city government. They have to go beyond the interests of only a neighbor- hood. They have to consider the interests of tf�e entire community, and sometimes they have to tf�ink even broader than that. Mr. Minton stated they are talking about a stigma. This country has dealt with stigmas of various kinds very well over the past 25 years, and the only wa�1 to address a stigma is to deal with it and not perpetuate it. Based on that, he would have to vote in favor of the special use permit. Mr. Minton stated it appeared to him that �his was a quality program. Ne felt the fact that it r�os a private 5usiness was a very positive element. He would much rather have this done by contract than by government. He felt many of the fears expressed can be dissipated over time, and it was important to give this program time. He stated that as one person had mentioned, there are numerous studies that indicate that property values do not go down, and he felt they had to give this facility a chance. Ms. Gabel stated Mr. Minton had expressed her sentiments very well. She felt they have some social resoonsibilities, and it is time for them to take a look at those responsibilities. They are talking about some very vulnerable peoole with special needs that can be met in this community without causing any harm to the health, safety, and welfare of the remainder of the community. She stated the fears are obviously real, but she thought the people could learn to deal with those fear.s. She would be in favor of the special use permit. Mr. Nielsen stated he was in agreement and would vote in favor of the s�ecial use permi t. Mr. Kondrick stated he was also in agreement with what was said. He realized it was hard for the people in the neighborhood to accept this, but he could not find a reasonable reason to deny the special use permit request. MOTION BY MR. OQUIST, SECONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF A REQUEST FOR A SPECIAL USE PERMIT, SP N85-01, COMMUNITY OPT:ONS, LTD., BY RANAE HANSON, PER SECTION 205.09.1, C, 5, OF THE FRIDLEY CITY CODE, TO ALLOW RULE 36 RESIDENTIAL MENTAL HEALTH PROGRAM FOR ANOKA COUNTY, ON LOT 1 AND 2, BLOCK 14� HAMILTON'S ADDITION TO MECHANICSVILLE� THE SAME BEING 5378-5384 Sth STREET N.E., WITH THE FOLLOWING STIPULATIONS: 1. OPERATION TO BE REVIEWED ANNUALLY WITH A PUBLIC HEARING FOR TXE FIRST TWO YBARS. 2. RESIDENTS WITH AUTOMOBILES BE RESTRICTED TO FIVE OR LESS. 3. REAR YARD TO BE FENCED WITH SIX FOOT HIGH SOLID WOOD FENCE. THIS IS TO BE COMPLETED PRIOR TO OCCUPANCY. 4. PROPOSED ADVISORY COI�lMI_TTEE TO INCLUDE CITY REPRESENTATNES (I.E. HUMAN RESOURCES COM�lISSION MEMBER AND/OR POLICE SPECIAL OPERATIANS DIVISION STAFF) . 5. PETITIONER TO PROVIDE A LANDSCAPING PLAN AND INSTALL PRIOR T10 OCTOBER 31, 1985. 4X PLAiJNIt�G COMMISSIOPJ MEETING, APRII 3, 1985 PAGE 22 6. CONTINGENCY PLAN BE INITIATED WITH U1'ITY HOSPITAL T10 COVER ANY EMERGENCIES. 7. FACILITY WILL CQMPLY WZTH ALL 5TATE AND COUNTY RULES AND LAWS AND BE FULLY LICENSED. 8. FACILITY WILL COe�lPLY WITH THE LOCAL AND 5TA TE FIRE CODES. 9. CLIEIVT CHARACTE'RISTICS WILL BE CONSISTENT WITX PETITIONER'S CONTRACT WITX ANOKA COUNTY. UPON A VOZCE VOTE, ALL VOTING AYE, CKAIRWQMAN SCXNABEL DECLARED 7'XE MOTION CARRIED UNANZMOUSLY. Ms. Schnabel stated this was a recommendation to the City Council, and this item would be heard at the City Council on Monday, April 15. Chairwoman Schnabel declared a 15 minute recess at 11:15 p.m, 2. PUBLIC HEARING: CONSIDERATION OF A REZONING RE UES7, ZOA �85-01 BY GERALO G. JOHNSON: Rezone from R-1 one family dwellings and R-3 general multiple dwellin�l and C-1 (local business) to C-2 (general business), Lot 5, Block 5, and Outlot 1, Donnay's Lakeview Manor , to be used for Commercial development, genrally located at 5698 West Moore Lake Drfve N.E. MOTION BY 1KR. PlINT1pN, SECONDEA BY 1�lR. NIELSEN, T1� OPEN TXE PUBLIC NEARING ON ZOA NBS—OZ BY GERALD C. JONNSQN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCXNABEL DECLARED TfiE PUBLIC HEARING OPEN AT I1:30 P.M. Mr. Robinson stated this property was located south of West Moore Lake Drive and west of Highway 65. The petitioner was reauesting a rezoning from R-1, R-3,a�d C-1 to C-2. This area was part of a city approved Redevelopment District and, as such, was under consideration from time to time by the HRA for development proposals. The City has been working with r�oad improvements; and if this rezoning is approved, the City would require sor�e right of way to improve the road system in this area. In addition, they would be improving the turning lanes in that area. The City is in the process of having final working drawings done for this improvement. Mr. Robinson stated Staff was recommending the following stipulations: 1, Petitioner to provide the City the necessary right-of-way to make proposed street improvements; to include land for inter- section improvements, cul-de-sac and 60 foot right-af-way for road construction. 2. Outlot 5 shall remain R-l; not to be included in rezoning. 3. Final approval of this rezoning shall be contingent upon anproval of a site plan and plat consistent with plans and goals in the development district. � MEMO T0: John Flora� Public Works Director l�MO FROH: Jim Aobinson, Planning Coordinator , l�NO DATE: April 26, t985 r�r�o x0: 85-33 RE: Woodcrest Baptist Cburch, 6875 University Avenue H.E. Due to unanticipated construction difficulties Woodcrest Baptiat Church is requesting to vary their approved Duilding location. As you'll recall, Council approved their plan rith Lhe atipulation that tbe atructure be aet back 60 feet from the east property line. The new proposal reduces this setback to 40 feet. Because the approved location i� nearly on top of an ezisting 8" sanitery aewer line� extra deep tootings and thus increased construction costs are entailed. The depth of Lhe footing and related costa are reduced if Lhe building la ■oved eaatxard. To allrn+ for any tuture excavation (with 2 to 1 side slopes) of the 26 foot deep pipe� construction xitb normal depth footings rrould need to De aetback a minimum of �6 feet from the pipe. The compromise �ubmitted here will atill necessitate footings of approximately 18 teet in dep�h. The newly proposed forty foot aetback from the residential property on tbe east will atill allow for a�ignificant vegetative buffer. Included rrith this brief are plans rrhich show both the 60 foot and 40 foot setDack alternatives, a achematic depicting the footing relationship to the sewer line, the June 18th Council motion, and a letter from Mr. David Rodabaugh outlining his amendment request. Please reivew this information and inform me as to the appropriate procedure required to affect this change. (i.e. public hearing or informal review by Council. JL R/ de 5/3/17/18 �� A � � �,: �o �o �� c �� E ��r ��A� ;p �r �� r �c �� H 88pt�St Academy Pre-K - 12 * oea� Min�stry t eus �,�, , , * Fa��h P�c„r�se h' 5,��ar�. Pror •d•.. 6875 University Ave. N.E./Minneapotis, Minn. 55432 it Phone (612) 571-6409 C�e•Ke 5 Px�T.a� M 4 „� Pasror Aoae^ ;,nr,smar,. M.� :.caaem� AaT n:scra;: M�r� PuJr�r.en 8♦ GpS�Stant P�S!Or Dsrok CievPOO�, B.4„ vouth Psstor 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 p..•.d,,.,� '; the time of approval for the 60 foot stipulation identified r�,.�,�� no easement rights for the sewer line. a��,y•a�n � , 2. The City Engineer requires the building to be relocated. * � 3. Since the sewer line is 26 feet deep we are forced to �,1� ( relocate our building 40 feet from the approved location �,�,,,,,,,,U � or 20 feet from the east property line to keep our E,,,u.,d„s construction cost constant. � * i We are proposing a compromise of moving the building east only , 20 feet which still leaves 40 feet from the east property line 1ftl`'D`�"Oe"' � to our proposed building. We are incurring an additional cost Premiliennial Fundamental I for this compromise. A special block foundation and a retaining Sepa�a;.5t wall on the south and west sides must be layed. This compromise iproposal 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. ��CCere` �� David Rodab gh Building Chairman A GAOWING LOCAL CHURCH MINISTRY VL'HERE THE BIBLE, THE BLO�D, AND THE BLESSEO NOPE IS FAITHFULLV PROCLAIMED • . , � �1, Ae atated tDey vould be eliminating the permanent atege snd r+ill u�e a portaDle type atage vhen aeeded. Mr. RaCaDough atated the parking lot vaa reCuced Dy two atalla Decause tbe building was �oved fartDer from the east property line. . Mr. ReCaDough alao presented s�odel of Lhe aeW atructure aad staLed it xas bia understanding the resident� find this proposal reasonaDl�. Mr. Dean Eberhard, #36 Rice Creek Boulcvard, stated wben plans vere first presented the general opinion of the neighbora vas they �rere oppoaed to Duilding the atructure and had several concerns regarding traffic, aafety factors� oarket value of their homes� and the aesthetic� of the building. He atated the resident� Dave �et �ith the churci� representatives and aome of Lhose concerns atill exist� bovever� he telt the propoaed alternative ia acceptaDle vith everyone. He stated there are aome atipulations they would like noted regarding the landscaping vith 5 to 6 feet tall pine trees any 1lghting inatalled in Dack De blocked out from their property. and no atructure� De put in the back. He atated the ehurch has agreed to pUtting ahakes or ahingles on the roof, rather than a metal roof and to vork vith resident� on bow the outside would be tinished. He atated Lhe church vent to a lot of vork to ■ake these ehanges and he appreciated their efforta. Councilman Hamernik atated they epent a good amount of time di�cua�ing the exterior finish of the Duilding. He asked if the church was prepared to make a definate propo�al on hov it xould De finished. Nr. RadaDough etated it vould De finished aimilar to Lhe other building. He atated Lhey wo�ld ah,are their plans vith Lhe Eberhard's as they proceed� and vould do their be�t to work vith them on plans tor the outaide of the buildiug. MOTION by Councilman Aamernik Lo concur with the recommendation of the Planning Cos�ission and grant apecial u�e permit, SP i84-O7 vith the following �tipulations: (1)Jy(_Khat the location of the addition De as proposed which ia 60 feet from tbe lot line to the aoutheast corner of the building: (2)?any lighting that vould be installed on the Dack of the Duilding whether it De emergency or other, should be of the nature that it doesn't infringe on the neighbor'a property line; (3)l that the green area behind the Duilding oa the tast eide De maintained as green area xith appropriate landscaping; (4 Z'�t the roofing De as proposed with a similar type of roofing as on the present aanetuary; (5 ��t��t the church work vith the adjoining neighDors� primarily Lhe Eberhard'a, to come to an agreement on the type cf xall finish Lhat vould De appropriate and work with the staff in applying for the building permit; and (6)14�hat a landscaping plan De presented Lo staff at the time of applying for Lbe building permit. Saconded Dy Councilman Barnett,e. Councilman Barnette atated democracy ia never a le�son la tutility and� through these meetings with the residents and church representatives� they -�a 5B � � 5C �� J� +; � � J�5 �a �.�, " _.. ...! ::..:- �}-.. AVE N.E. sils - . , ox „ _� 3.;,k- •,�� . 69TH _ ... _ ,,_� ` 2�7 . •i .r'.. i a _ "� � � s, i ec I , Zi9 � u� i .�� ` � ^ - � � . 57� . � �. ��, .. M,r; � � ; ` i�00 . '40l " • ` - � 3 �►''"a •,, . R�� bO '�'._ � �s�u - Q - • � ' '''" .�,:�•"' �; �r. Z'c e 6890 ' � . � o J �i32 � 561Z • p . . N: �, � P, ...» , . 4ob m ; . ` ! 1r � -�� , f. � � :« • -�-'r _ � , : �» o ;ti� , � : i�s' � 4 � � qs � . . , o � 11 � t SS 1 - � ' : `�b Z�q z z � �� _ � � ° 3 ':' " � `. s • . I , `� Y - ,.,, , (�� YG ��, - 2 / re�'"� (� :. ' � : ...� � � 7 _ s � 1 2 ' .�� `` �� ,,..a ' ��iB W x : S�s t: � p�e,r `� ° ;2 � ' � „ : . 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E t r ! � � � � � : • i / . 1 ' �'� + � � ' � ,�. . : � . / .:� � � , � ; i , �. � , -' ; ' � / PRO�OSED MJIT� ` P PO E I / � � / ' ,~/ o @UiLDtNG A�D17 �OW� � � " .� � � � J i / . i .�� - lF_OOR ELE�/4'�O1 � � / /�� f � �. / . � / / / � �_ / � / ! / j � / /�� ♦ ' 1 ,N � / � � • / / " � � ?� � � � � �� / `/ � . /� i ' � •' / ��'� ♦ � / � i �I►� � � � � �/ i � / • / � � / , / � . � , r pa�c'�cE � S :E �at�t � �' � � , � � / ` / / / / � 1 � �� i �� / / ' � � �.. � I � � � � y� / / � ' � i _ � � � � /� =- ' t / �:' � I • � ' i � � x � � / � . �' "'� � � f �, , , , , , . / % ,'�= �.� ' f / / ti• V ' • " pP05 D I i / � . I � ER ( ' / // / i /�/� �" `� 2�/ / `�J OPO _� �'�' , , 1 • � � I � 1 tatiT.! �HO 5 w i_,' �� c y ti�� ¢�� ; Q�/� .. � , -� `'i� / f / � / �/i�% � �%/ �--pc�� c �.c, cuRa� ' %� — % � i �. << ' , � �, ` )� �/ ---r-- � � " � � � ! � �/ /'," ..��-- — i s ' �� / / � � /�/ �� i / ��/� /! �� / So . - � / /�/ � / % • , %/ � //' � �� e � v � / /� � , ` � / /\ � �� W � �� a ti � 1 � ; , � ' � t � -•� > i � � / � / � � / . � /N � � � � / / / i ! � � � � � ; � � �\ � o � , � \ � � � � � � .� � E� 7 C'� P ---- ' , Q � \ � •'� � �' � t•. � , 1 ; � ` ` _ ` �` . '� ' . o '+, ', / . S C A �-. W / __ _ _ __ g -- - _ � � � - ' � ED LOCATION PROPOSED AMEND � � �s��de8 �sa.��pooM - - : 5F ORDINANCE N0. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMLND 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, Block 1, Rice Creek Terrace Plat �4. All lying in the North Half of Section 1�1, T-30, R-24, 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. WILLIAM J. NEE - MAYOR ATTEST: � SIDNEY G. INMAN - CITY CLERK Public Hearing: May 6, 1985 First Reading: May 20, 1985 Second Reading: Publish: � t4El40 T0: John Flora, Public Works Director riEMO FROM: James Robinson, Planning Coordinator � MEMO DATE: May 29, 1985 REGARDING: Amendment to Sign Ordinance On June 3, 1985 the City Council will be reviewing proposed changes to the Fridley.Sign Ordinance. These changes have been suggested and reviewed by both the Appeals Commission and Planning Commission. The revised ordinanee addresses legal non-conforming uses and v arianee s. A definition of a legal non-conforming use and language which deseribes conditions which nulliiy varianees and change legal non-conf orming signs to illegal non-conforming signs has been added. The ehanges should clean up ambiguity and tighten future control. M-85-50 0 7 7A o�n�ruE No. AN ORDINANCE RDCY,�IF'YII� ZHE FRIIY�EY Qi'Y �DE BY Al�Q�IDII� Q3AFrER 214 FNTITLED "SIGNS", SEGTIONS 214.02, 214.14, 214.17 AI�ID 214.21 ZHE QTY �IJNCZL �' �iE QTY OF FRIl)[.,EY DOES OF�AIlv AS FOLT�GWS: 214.02. DEF'IlVITDCNS �.� � ! r • �u � . .�� 1. . :� •� � -� • .� � •• '• � • •� • -� =,. =�._� • � M�-. - .�. �• :,._ �•�•�• •�i� •. .i� 214.14. 3�OPPING CENI�E2S AI�ID MJLTIPLE USE BUII�DINGS a. • � �u � � •� �.� .,. � . - � - • it • - - • • � ! . � � •• �• u-- �- z� -N'� • • �-• - .�• • .� . .� �. •- • - � - • - • � 1 • � • • • h � • • � - � • I - • - • - • � - ' •� • • � 214.17. �CISTIl�IG SIGIZS 2. Legal Nonconforming Sic�s. B. A sign shall imt�ediatelY lose its "legal nonconforrr�ing" designation and be tertt� illeaal nonconformina if : (1) The sign is altered in any way which makes the sign less in compliance with the requirenents of this Cha�ter tr.ar: it was before the �terations except for routine mair.tenar:oe and change of inessages. (2) The //sic� is relocated// Ss;�oort�na GtrLCt�re of the s�gn is �alaced or re�iodeled. (3) The face of the sign is reglaoed � remodeled. (4) The sic�n beoomes dilapidated or damagea ana the o�st of brir.gir.g it into oompliance is more than 50 peroent (50$) of t�?e value of saia sigi, at wl:ich time all of the sic,g� and its structure must be renavec3. j,,51 Notwithstanding sub�raaraDh (1) above. u�on the change of the na�*�e of the btLiness beina disg�aved on t1L s?c�. =.!- �•�R•� •�n �. .i� - • •� . -. � � �- • • - . �.� • - � =.t - � � � �� • �u � . •i• �,- • �,� • - �: �,, � - • . • . � �_ - � 1 •.- • =u.�• �- •� � •�- • �- • •, •• q-1�' i.�ll! - �� - �• -•. �� •� • �II 1• • � �- • � •,' -,� 11. 11,� - � • . • - =y o.11: • • 1 �1� . • - � Paye 2 — ordinance No. _ 214.21. APPE.Ai.S .� - � _� -• • • • �• -��- � �- -• • • • =1 - � � ' =a � i�." •�� " =�� - � , 1 � II' • �: •1� - � ��.IN - � ' • �� =.�1 =1 : � • � M� - �1 ' � - � �� • - �,- ' • � - � • • • �" 11- � '�-� : `�: r� • � • - • �; •�� - • _ n,� • _11 � � - =.� �� - • �,- •�� - • :,� • =11.� � '. _.� � y1.' •t1 � =.�� II: • . • • . :.�� • • . p - � � • . � • � - • • • � • � • • • !.in. _� - ��• - �_� �'. .- -� • �- - . . •�• . � • a.- • �,- .�� - �.• - .: _i�. �. �.• �i. • _ �,. � . . . _ _ . _ . � _ .�. .. • �,- � _ � . . �,- � - 1!.- • �.' • � - � - � • • ^�• o,� • � � •1� � 11: �.' � .l� ' • . • •1� . � • ' � - ' 11 � • � • • • . � ' • � � - �11 - � • �� 1 . � • 11.=: %�!1 —N: • • � • . - • �• .' � ' . � - • . � �:,� • - � � • � . � 1 ••' �• 11-- �.� �I : . • • � r� - • - A�SSE� AI�ID ADOFI'ID BY giE QTY Q'XIIvCLI� OF �iE QTX OF FRIDLEY �iLS I�AY OF , 1985 W7I.LIAM J. IV�EE - 1�F,YOR A�T: SIDNEY C. Il`'I� - QTY Q�ERK First Reacling: Seo�nd Rcading: Publication: 7B t�MO T0: John Flora, Director of Public Works MEMO FROM: Philip S. Dommer, Planning Assistant -_-- MEMO DATE: May 29, 1985 1�M0 SUBJECT: Yroposed Ordinance: Satellite Dish Antenna Regulations, Chapter 208. The administrative staff has prepared an ordinance entitled "Satellite Dish Antenna" Regulations��as a response to the increasing number of satellite dish antennas which are being located in the City of Fridley. The need for such an ordinance had been initiated by the Planning Commission. A draft ordinance has been prepared and revie�ed by the Environmental Quality Commission and the Community Development Commission. On May 8, 1985 the Planning Commission recommended the adoption of the proposed ordinanee. It is requested that the ordinance be submitted to the City Council for consideration of approval. M-85-u9 8 sA PROPOSm ORDIlVANCE RD0.�DIFYING �lE FRIILEY CITY Q�LE BY ADOPTIl� A NfZil Q�iAPI'ER 208 F�VTI�,ID SATII,LITE DISH ANZIIdNA RE�ULATIONS 208.01 PURPC�SE The purpose of this Chapter is to protect and promote the public health, safety and general w�elfare af the City of Fridley through the establishment of a camprehensive and impartial set of regulations governing 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 si�al reoeption, allow a reasonable amo�mt of choice, and promote a concern for the visual arr,enities 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 PERMIT RDQUIRID l. Satellite Dish Antenna Permit 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 permit is required for all new, relocated, modif ied, or redesic�ed antennas. C. �e issuanoe of a permit may also be subject to additional conditions in order to prcmote conf ormity with the character and uses of adjoining pr�erties. 2. Permit Ap�lica tion A. Applicatior. for a satellite d�sh antenna permit shall be cnade to the City on fo=ms supplied by the City. b. If a satellite dish antenna has not been erected within 90 days after the issuance of a permit, the permit shall become null and void unless an extension is granted by the City. C. �e City May require other information as necessary to insure that the satellite dish antenna is erected in oamplianoe with this �apter . 8■ 208.03 DIS�tICT RD�UIRE�'I5 1. No more than one dish antenna per site is permitted in al 1 zoning districts. 2. Dish antennas having a diaQneter aE 30 inches or less may be roof mounted pravided the antenna and its mounting structure does not exceed the heic�t requirenents for that particular district. 3. No part of any antenna, tawer, lines, cable, equipment, wires or braoes shall extend at any time across any right-of-way, public street, hic�way, sidewal k, bikeway or praperty line. 4. No exterior dish antenna having a diameter in exoess of thirty (30) inches shall be allaaed in any zoning district unless it complies with the follvwing requirments: A. Dish antennas shall not be located on the roof of any structure. B. Ground mou¢ited dish antennas shall only be located in the rear yard and shall not be located within ten t10) feet of any side lot line and ten (10) feet of any rear lot line. C. Ground mounted dish antennas shall not be located within ten (10) feet of ar�y principle structure. D. Ground mounted dish antennas shall be located at least twenty-five t25) feet fram any neighboring principle resic3ential structure. E. No part of any ground mounted dish antenna or its mo�ting structure may exoeed 15 feet in height above grade. F. All ground mounted dish antennas and their mounting structures shall be screened f ran the right-of-way and adjacent public and private propPrties. Screening techniques shall be such that screening is eff ective throughout all seasons of the year. 5. Appeals To prwide 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. T�e Commission shall hear requests for varianoes and make their reoannendation to the City Council in the following cases: 1. Appeals where it is alleged that there is an error in any order, reguirenent, decision or determination made by the City in the enforo�nent of this Chapter. 2. Requests for variances fram the literal pravisions of this Q�apter in instanoes where the strict enforcement would cause an �c�e harc�ship. Before the Ca�nmission st�all grant a variance, it is the responsibility of the applicant to prove: A. �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. �at the varianoe is neoessary for the preservation and enjvyment of a substantial praperty right possessed by other property in the same vicinity C. Zhat the strict application of the (�apter would constitute an unnecoessary hardship. D. �at 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 penal ti es pr ov ided f or the Fridley City Code. 3/5/19/20 BC Chapter is a misdemeanor and is subject to all sud� violations tmder the praiision of Criapter 901 of 9 To: John Flora, Public Works Director From: Susan Merriam, Planning Assistant Date: May 28, 1985 Subjeet: Solid Waste Ordinance In order to properly implement our new curbside recycling program it was necessary to update the "Refuse Disposal" Ordinanee to inelude recyeling collection. The ordinanee Kill noW be titled "Solid Waste Disposal and Recycling Collection". Ineluded in the changes is oP a dePinitlon of solid waste. Attaehed is a copy of the updated ordinance. ot�n�rt� t�o. AN OF�IN�N� RDCbDIFYING �iE FRIT�EY t�'I'Y �DE BY AI�+II�IDII� CiIAPPER 113 IIVTITLED "REFUSE DISPOSAL' BY RIIdAMING IT "SCLID WASTE DISP06�L AI�ID RDCYGLII� �H,L�FXT�1" f BY ADDII� SECTIONS 113.08 AND 113.10 AND BY AMENDING SECTIONS 113.01, 113.02, 113.04, 113.05, 113.06, 113.07, 113.09, 113.11, II3.12 At�ID 113.13 113.01. LIEFINI'I'DON.S Zhe follawing enforcement wherever they 1. Apprwed. definitions shall apgly in the interpretation and of this Chapter and the following woras and terms occur in this Q�apter are def ir�ed as fallvws: Accepked by the City fallaaing its determination as to comgliance with established public health practices and standards. 2. COfTlIile�Cl31 ES'tdbllS�ilellt. Ar�y prer;ises where a anIIiiercial or industrial enterprise � any kind is carried on and shall include, but is not linited to, clubs, churches and establishments of nonprofit organizations where food is pre�:ared or served or gooc�s are sold. �., - � � � ; -.. - .-.• •�.- �� . _ - � �-. ..- E.Very acc�unulation of animal, vegetables or other matter that attenas the pre��ration, oons�r.F�tion, disFlay, dealing in or storage of ineat, fish, fawl, birds, fruit and vegetables, including the wra�pers wasted along with such materials. ..•• - A site for dis�osal of solid �aaste avnroved the Citv, o,�erated or cond�cted in accordance with � rul�s and reg�ations of the B�llut?on Cn_ntrol Ag�y �s ado&�ed in accordance with Minne�ota Statutes�Section 115, as amended. //4.// � Person. Any person, fiim, g�rtnership, association, vorporation, oompany or organization of any kind. //5.// � Private Garbage and //Refuse// Solid Waste Q�llectors. Any person who offers to or er.gaoes in the �llection of garbage or //refu_Ge// solid waste fran any house, apart�nent, pub].ic or private institution, or oonIInerical estakalist�nent within the City of Fridley. DEFINIT�3.S gA _--T� :.�y • - � -�F��! e I�• • '1 •=,. f � • - �� - • •. -• �_ �- � � =� -�• • .� • •• - • • •� ' ' -•• • _t� q' ' 11 �� --• ��• • •- ��• �- • . //6 •// � R�ef u.se. P11 solid wa.,Cte products or those having the character of solids rather than liquids in that they will not flow readily without additional liquid ar.a which are oor.�posed wholly or partly of such materials as garbage, swill sweeping, cleanings, trash, rubbish, litter, industrial solid waste or c3omestic solid wastes; organic wastes or residue of arimals sold as meat; fruit or other vegetable or arimrl matter from the kitchen, dining rocin, market, or food establishment of any places dealing in or handling meat, fawl, grain, or vegetables; off21, animal excreta, or the carcass of ar.i�rals; trees or st•�rub tri�nings, gr�s clip�ings, brick, plaster or other waste matter resulting fram the fianolition, alteration or constructiun of buildings or structures; accuraulated waste r,:aterials, //cans, containers,// tires, junk; or other such substar,c�es which may bec�ome a nuisance. 10. Residential Pr�perties. Attached and d�tacbed sinole-s dou le-. triale- and �uadr��;le-c�ellina units and mobi].e homes. //7.// 11� Rubbish. Wooci, leaves, trimnings f raa shrubs, ciead trees or brarches thereof, shavings, sawdust, excelsior, wooden ware, printeo material, //paper, paper boarci// paste board, grass, rags, straw, boots, shoes, r:ats and all other oombustibles not included under the term ga rtaage. `�► . . � . - Gar ge. recycl le materials, re �,, rubbish�. s�'��waste m�tter ar_d other iscards which are nonhazardous waste. //8•// 1� 9wi11. �hat �rticular aarbage which is wholly or rearly edible and useahle as a f o06 and has f ooa val ue f or arimal s or f aal, accunul a ti r,g f rom animal, vecetable or other matter waste� f rom clubs, hotels hospitals, restaurants and public eating plaoes. //9.// � Waste I�'atter. 1�'atter oonposen of scil, earth, sand, clay, grGvel, loam, stone, brick, pla...rter, crockery, //glass, alassware,// ashes, cinders, shells //metal// and all other noncor�bustible material which has been or is to be discarc3ed. C_ - 113.02. //RE�US'F,// � " �Q_�E�tS RF?�UIItID The occupant of any private �►elling, the keeper or manager of any i�tF1, motel restaurant, eatir.g house, or boarding house or ar.y builciing wl-,ere meals are served, the aaae� � any flat or apartsnent hc�:se, trailer camp or ai:to court, an7 any other person having /lref use// solid waste as her�i�r c�ef� ined, shall pravide and keep on such �,re;�ises s�f icient wnt�r�e�tstf or the storase of all ref use acc�r.ulGted on the prenises between disposal or collection. Each such aonta.iryer si:all be durable, watertight, shall have a tight fitting lic, shall be impervious to ir.s��ts, rodents, vermin and absorbtion of moisture //shall be f ireproof, such as galvanized r,�etal oor.t.�.iners// and shall itot eac�eed 32 gallons in size unless a��prwcd by the City of FricIl�. All //refuse// solid waste on any F,re��ises shall be stored in the o�ntairrers required herein except if tt,e sarr.e ma}� be i;rpc��iately oons�.r,.ed or.disposed of or. suct: gre:ises in an incir�rator of a type apprwed by 't�ie City of Fridley. � � -- .. 113.03 . C1�MMERCZAL QOIHTAIIIE� r � ` All oo�rac�erci�.l, business, industrial, or other such establishments having a vcli.r,le in excess of one (1) cubic yard per week, and all four (4) fanily ano larger dwellir.gs, shall prwide approved bulk or box t�� //refus�e// �olid waste storage conta.iners or ti�e a�:Froved equivalent. These containezs shall be so located as to be accessible to collection equignent and so as not to require an inteIIr�c-�iiate transfer. 113 , 04 . 7�1RD WASI'E CC�fTP�II�iS Grass cli�pings, leave� and other similar //refuse// Solid waste may be �laced in bags or bundles not exceeding three (3) feet in any cimension and not exceeding 60 pouncs in weioht ar.d shall be securely faster�ed to avoid spillage. //Household appliances and furruture fallir,g witt,in the definition of refuse need not be. so Fackaged. j/ 113 . 0 5. 0'II� E�t Q7NTAINII2S All other //refuse// solid waste on any prenises sh�11 be stored in the containers required by Sections 113.02, 113.03 bnd 113.04 hereof, exce�t as the s�r::e m�y be oons►a::ed or disposed of on such pre��i�es as pecmitted by said sections. 113.06. //RF.FUSF✓/ �_1olA� DISP0.SAL No person shall dispose of //refuse// �olid �aste, as def ir.ed in Section //113.01.6// 113.Q1.8, up�n arry lands in the City of Fridley exce�.t on an approved landf il l site; except that tree leaves and grass cliFpings may be stored on a person's proF.erty for the purpose cf ret��clir,g organic materials as a 9oi1 oond.itioner. This should be accz�mgl ished so as not to create a health hazarc3 or a nuisanve to a6joining pro�.erties. //An approved lar.af i11 site is a site for ciisFosal of //refuse// solid waste appcweci by the City, o�erated or ' } 1 `i ��; i� � : yV •. v � �- - �s �- a� •� i �-M •• � �1• i• � •• • � �• • � �• �� v � �• ' 71 `1 `• /� .f: i�� . •• � ccnductea in accordance with the rules and requlations of the I-�olluticn Control Agency as adopted in accordance with riinnesota StGtutes, �ection 116, as amended.// 113.07. //REEUS�i/ �T.m wa�rF: pp�� //The contents of the oontainers// �o>;d waste. other than those items collected accordina.�o SQCtion 113.08 hereo� shall be aollcct.eci at least once Every week, or mcre fr�uently if necessary, by a collector licens�a hereLmder. Zhe collector shall transfer the contents of the containers to a collECtion vehicle witr,out spilling �h�ci. If any spillir_g occurs, the collector shall clean it up con�l.etely. Upon such collection, the contair�ers shall be com�:letely en.ptiea and the lics of the containers shall be reglaced. � : ; �� « r�. �• �.�,+ �:�i ;1.� .. - ��. - �_ .- . :, =.. . - .� - . s�•� � . �- . . -� -. �- - �.- �- . - . �_ . . o, .� - ii:- - � q • • �- • • - •-_� � •�- - �� =�� .� • �' • • - y�- - q� - �. �-� •- �� • �' • � • • - , �' - �' � • •' � • ' -• � I' 11. ,' 1 •' -�11 �=,��' �� • r 1 : { ' • • MI �, _� l� � • '�I�1 ii. V• 1 �' 1. Exce�:t for F�ur�oses of oollection, al l// ref use// sol id waste must be glaced in the rear of the prer�ises, or it may be pl«ced in ��e sic,e yard setback if screex�ea so as ta be out of view from the �treet, or ir. a�arage located on the prenises. //2. �he follvwir.g special oonditions may be used to raake refuse collection more convenient: F�. Refuse, except that which is storea in aefined in Section 113.02 and 113.03 of this �%1 aced acij acent to the curb or el sewher e� pro�erty. a container, as Chapter, may be �n the person' s B. Refuse stored in oontainers as mentioned in Section A above, n�y be glaced inmecaiately adjacent to the front of the ciwelling unit, but no further than three (3) feet frrn the building.// 2. For collection. �ro��y contained solid waste may be 8laced �jacent to the curb or immediatel,y adiacent to the fro t of the �e11; ng unitr no further than three i3 ) feet from the buildina. 3. Except for convenience of collection, no containers or //refuse// solid waste will be allowed //in the front yard// �.Ajac�nt to the curb or imm�diateTv adiacent to the front of the _r_welling unit for more than twenty-four ( 24) hours. � � : 1�, !, ; �y « . u : 4 : ' •.: •� - ��• a,y .. - u, - �. .: . < �. _. _ -� . �- � • • I 1• i- �- �� •�' •I I� •r • I: 1=,� =i� • =� •1 \� �t �" �- �: ��,=,� .• -� • �- • • 11.� � . � - � • �� • �+ -� v „ ,r; yr •�; aw �• : a.M « �. �• �,�,+ �.� f • .�. I� � 0 �W •• v� i �+• � � r�. �, ; a.M M u: 4 : �� //113 . e 9.// 11�..11� ner�csrv� soLm �.srE ax��.s w'i�rever a�lid wa�te oontainer is ir. p�or rep2ir, is oorroded or otherwise defective so as to permit insects� vermin or rddents to er,ter, cr oce� nct r.•ECt �.*:�� ctr�er rec,�;: ra er.ts cf tr i� Qiai ter, the o�llector sr�all notify the vwrer personally or by affixing a oopy a� a notice to tr,e a�ntainer. g�e r,otice shall state the oeficiency and shall reeuire repair or replacement prior to the next oollection. If t'r,e aeficienc� h�s not beer, o�rrected, the o�llector bhz11 notify the Cit�•. Zt�e (�ty shall then inspect said container and if fo�o def icient, ctinoe�s sar.�e ana oraer its renwal. //1 i 3. i o.// 1� .lz. RECYQ,ING ATID S�LID WASTE //REFV SE,// AAULERS' RFTUTAT7LN 1. Lioer� Fcc;:� re-er.t. tvo person shal l engage in haul ino or ccnve}•ir.g //ref use// 5�11i� ]�-.cr�„� or recycla�le material frcn �� Fre;ises, other tr�ar► their a.m cior�icile, in the City unless that �ersen holas a vaiic license here�oer. Each such v�icle so used must be lioensed. 2 . License Prucedur e. A. Zhe prwisions of the License and Perlr�it Qiapter, �aF�er 11 of this Cooe, incluciing the license fee sr,�ll aFply to all license� reeuirea by this Chapter and to the hclders of such 1 ioense. �he te�r, of each 1 ioerise here�oer shall be f ran I�ay 1 tr�rough A�ri1 30 for Solid ha:te Haulers anc fr4:-_ June 1 thZOUai: M�,� 31 for RE-��cl�c Ha:lers. B. �he aFF:lication for license or renewal of license sh�ll contain a oescri�.�tion of the t}-�es and makes of the motor vehicles used for oollection, a schedule af secvioes to be made to the custcxrers, the frequency of service to t�e renderec and full infoi�naticn as to where and hvw the rraterial a�llected will be ci.is�yen of ano an�� otr,er information ti►e City of Fridley shall rACUire. A�licants for licenses, after July 10, 1975. �esiring to prwic.ie routine weekly collection anci re�:ova.l of //refuse// �c�lid w�te fron re:idences shall Frovide, as rec?uired unoer this Chapter, complete collection of all //refu_�c,',� �solic r,•�te which nor�;��.11y results f cor.. da� to d�y use of this type af pruperty except f urni shines, aF�pl iances, twilding or a�nstr�cticn ha�tes ar.ci sirr.ilar bulky k��tes foz M�rich inr:ividu�ls must �r�ke special arranganents. �he City may require vehicle ir•spection before processing the license aFpl i ca ti on. C. Applications for lioense here�oer st��all be sutir�itted to the C�ty f or r eview ana r eaor�nenaa ti on. If the ��ci1 is sa ti sf ied that the public neee, oor,venience, ano 000d or�,er will be served thereby, it may grar+t a license to arn� such application meeting the rea,ui rer.ents of this C�apter. �. M _� �� ./: �1Y •• • � �- ; 34 « �.. : � �. -a `_• I� � : �IY �• �? L • 9E � 3. License Qa: sif ication. Applicar.ts for lioenses issued hereunder shall be issued for the follaaing classes of operations: Class I- Residential Refuse �llection Vehicle Qass II - OorunErical anci B�siness Refuse �llection Vehicle Qass III - R�esidential and Canar�erica]. Refuse O�llection V�icle Qa: s N- Rubbish and Waste Natter Qollection V�ic1e Qass V- Renderir.g C,ollection Vehicle Class VI - R�ec.-yc in$ Collection Vehicle 4. Insuranoe. : -. . .. - .. - ApF:licants for license� or r�rals of licenses shall file with eadz application a oop� of an insuranoe policy or policies and an enderc�nent, �der wt:ich there is ooverage z.s to each vehicle to be used for loss or damage to persons in the amount of $100,000 for eac�, person and $300,000 for each accident; and for loss or c�nage to property in the ano�mt of $50,000. �ery such policy shall provide that it shall not be cancelled or terninated for ar�y reason without at least ten (10) days written notice therecf first being given to the City. ��y�nq �� Ar.r,1 icantG for 1� cenGe� or renesaals of licenses shall be insured as defined by the �ntract with the Citv. 5. Hours. No person engagea in hauling //refuse// solid waste., garbage //for hire// or recyclable s�terial fran resictential areas within the Gity of Fridley shall do so L�efore 6:30 A. M. or af ter 8: 30 P. M. on any day. �thermore, hauling fram cona�ercial, t�usiness, inaustrial, or other such establishments shall not reasonably interfere with, or create a nuisance for, adjacent resiciential areas. There shall be no recyclina, garbage or //refuse// solid waste pick-up f rom re�idential pro�rties on Si:nday. 6. Vehicles. A. Fach vehicle for which a lioense is applied for or which is lioensed shall be s►.�ject to inspection by the City of Fridley at the annual renewal date and at all re.asonable times. Any such vehicle, while it is used by the licensee in the City of Fri�ley, sha12 have t]-�e name of the licensee clearlv prir.ted on both sides. Said lettering shall be at least three (3) inches in heic,ht ar.a the oolor of the lettering ar.d of the background shall be oontrasting. B. Each licensed solid waste vehicle shall have attached a decal to be issued by the Gity shawing the current registration. Zhe decal shall be affixed to the outsicZe of tr�at portion of the truck body used to hold garbage or //refuse// solid waste. C11d, expired or otherwise invalid deca.Ic�nania shall be renoved fran the vehicle. G Zhe body of every �,olid waste vehicle licensed hereunder shall be constrLCtec entirely of inetal or the space in the vehicle in which //refu�se// solid waste shall be kept shall be oor�.pl.etely lir�ed with metal. All joints shall be effectively closen so tl�at no dripping or leaking or drain off of water, liquic�s or any substances can occur. Zhe laading spaoe shall be pravided with a heavy tarpaulin or equivalent cnver fitted with eyes, grcrunets, tie ropes, or hooks so that the cover can be securely wer the loaaed //refuse// solid waste. f�ery vehicle used for collection of garbage or swill shall have a permanent metal ccver. �ery vehicle shall be equipped with the neoessary h.and tool s f or c1 e�ning up spil ls. D. EVery vd�icle lioensed here�der shall be kept well painted, clean an� in good reF.air. EVery such sQlid waste vehicle used for callecting garl�ge or swill shall be cleaned every week, or more ofte� if nec�essary, to prevent persistent odors and shall be cleaned before being used for ar�� otr�er purposes. E. �yclables. garbage, //refuse// solid �vaste, rubbish, or other wGste natter sr.all 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 gaper, trash, and similar materials shall be so secured that they cannot be disglaced by the wind or fGll out of the vehicle. Qontainers used to carry //refuse// so id waste in or on any vehicle shall comply with the reouirer�ents of Section 113.02 here�uer. F. No person shall at zny time park or store any recycl'�ng or //refuseJ/ solid waste wllection v�icle on ar�� prenises zoned for use as a single or multiple r�ic3enoe dwelling, within ane r�unured (100) fc-�et of any afore�;e�tionea prer,ises, or witr►in two hundred (200) feet of arYy foo6 establistvne.nt, for purgose other than, or for perioas ir�aunsistent with, providing resycling or //refuse/f �olid waste �llection at said prenises. No person shall at aryy time park or store any laaded or partially loac3ed r�-clina or //re.fuse// solid waste collection vehicle on any �ra;ises within the City, except for the purpose of and for Ferioas c�nsistent with, prwiding r�5.-��clin�or /Jref�.;.se// �Q� w�te oollection at that paroel of property. 7. Cancellation of Solid Waste Servioe. 7he �llector shall cancel service to any permises when the only oontainer or oonta.ir�ers thereon have been v�nc��r,ea, and may cancel servioe when the party chargeab�le for ti:e o�llection servioe is two (2) months or mare werdue in payir.g for such service. When any collector canoels service to ar!�► prenises, written notice thereof shall be servEd upon or ma.iled to the occu�ant, manaoer, or o�wr�er of the prer:ises and a oopy of the notioe shall be mailed to the City. //1 i 3. i i.// 113�13� ��r�rr oF //x�vs�✓/ �QLm w� ACQ7MJLATI�1 Any acciunulation of //refuse// �olid waste on any prenises not stored in containers which comply with this Chapter, or any accunulation of /Jrefuse// sQlid �aaste on any prenises is hereby • , �� • • a+ `• 1� . : y4 • �• ►. 90 declGred to be a nuisance and shall be abateci by order o�f the City, as prwideci b� Minnesota Statutes, Sections 145.22 and 145.23, and the oost of abatgrent may be assessed on the property where the nuisar►oe was found, as pravic3ed in said sections. // 113 .12.// �4,,. LITrIIt LI'ITF�t N,ir�r,�:�ota Statutes, :ection 609.68 are herEby adopted by reference . and shall be full forve and effcct in Gity of Fridley as if set out here in f ull. //113.13.// 11�-�15- FEES � 'It�e licer�s�e fee and expiration date shall be pravic3ed in Chapter 11 of Fridley City �c3e. //113.14.// � •16. P�]ALTIES Any vinlation of t.�:is C3�ayter is a misdemeanor and subject to all Fenalties provided for such violation under the provisions of Q-ia��ter 901 of this Code. �� : � 9M 10 CITY OF FRIDLEY PLAP��I��G COMMISSION MEETING, MAY 22, 1985 CALL TO ORDER: Chairwoman Schnabel called the May 22, 1985, Planninq Comnission meeting ta order at 7:35 p.m. ROLL CALL: Menbers Present: Ms. Schnabel, Mr. Oquist, Mr. Nielsen, Mr. Minton, Mr. Saba, ��` Mr, Kondri ck, Mr. Barna Mer�bers Absent: None Others Present: Jim Robinson, Planning Coordinator Betty Wall, 5425 Quincy St. N.W., New Brighton Jackie Judlicki, Fridley Convalescent Home John Haines, 448 Rice Creek Blvd. Michael Boo, 2810 57th Ave. N., Brooklyn Center CF�arley Jof�anson, 424 Rice Creek Blvd. Edna & Bruce Barsness, 1589 Lyric Lane N.E. Dorothv Artmann, 254 Rice Creek Blvd. Lloyd & Patricia Larson, 7549 Lyric Lane N.E. Lance A. Lindman, 4565 3rd St. N.E. Janice Carroll, 7567 Lyric Lane N.E. APPROVAL OF MAY 8, 1985, PLAP�NIf�G COMMISSION MINUTES: MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO APPROVE TNE MAY 8, 1985, PL.�'�'NING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED TNE MOTION CARRIED UNANI!HOUSLY. l. TABLED 5/8/85: PUBLIC HEARIN6: COPJSIDERATION OF A SPECIAL USE PERt1IT, - C SCE'� HOME BY BE TY J. Per Section 205,07.1,C,6, of t e ri ey �ty Co e to a ow par ing ot expansion on Lot 1, Block 1, Maple Manor Addition, the same being 7590 Lyric Lane N.E. MOTION BY MR. MINTON, SECONDED BY MR. KONDRICK, TO REMOVE THE ITEM FROM THE TABLE. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRWOMAN SCHNABEL DECLARED THE MOTI,ON CARRIED UNANIMOUSLY. MOTION BY 1NR. KONDRICK, SECONDED BY MR. NIELSEI�', TO OPEN THE PL'BLIC HEARING ON Sp l�85-03. UPON A VOICE VOTE, ALL VOTING AYE, CKAIRWt�MAN SCHNABEL DECLARED TNE PC'BLIC HEARING OPEN AT 7:37 P.M. 1 Oq PLANNItJG COMMISSION MEETING, F1AY 22, 1985 PAGE 2 Mr. Robinson stated this proposal was for the expansion of a parking lot at the Fridley Convalescent Home. The property is located on the northeast corner of Madtison and Lyric Lane. Tbe property is zoned R-1 and is surrounded by office (LR�1j, R-3, and predominately single family (R-1) on the south. At the last me�eting, tfie major issue was the access, whether it should be off Lyric Lane or of Madison St. The petitioner has requested access off Lyric Lane. He stated City Staff had suggested access be off Madison St., that the garage be relocated, and the driveway extended back to the parking lot. The petitioners felt this was not feasible because of the loading area, ambulance and emergency entrance, and the need for a g�at deal of fill because of the slope and that a retaininq wall would be necessary. Mr. Robinson stated that as agreed at the last meeting, City Staff inet on the site with the Health Central engineer and looked over the feasibility of other ideas. They did come up with a proposal which both agreed was possible. It would invc�lve using the existing access off Madison, tapering that back to the north of the existing garage so the garage would not have to be moved, and then tyinQ back to the proposed parking lot area. This would eliminate any access off Lyric Lane. He stated there are several costs associated with this proposal which the engineer had outlined. Those costs are: additional fencing to protect the patio area -$1,500 widening of the road to accommodate both trucks, cars. as well as ambulances - 1,400 relocation of existing catch basin 1,000 $3�J ,� These costs together with the increased run of drivek�ay associated with this proposal as opposed to the first proposal with access off Lyric Lane eaualled a total difference of $6,132.50. Mr. Robinsan stated he had not spoken with the petitioners to see if they were willing to go with this proposal, but they did comply with the Planning Commission's suggestion that they anatyze the feasibility of a driveway in the rear alonq with a cost analysis. He stated the stipulations as outlined at the last meeting would be basically unchanged, 1. No access by provided off Lyric Lane. 2. Screen parking lot from right-of-way and residential properties. 3. Appropriate signage be placed in parking lot 4. Parking lot lighting to be diffused. 5. Work with City Engineer on drainage requirements. Mr. Robinson stated that a variance would be needed on the north by the lbt line. Tf�e code requires a 5 ft. setback, and what is shown is basically a zero lot line. Mr. Michael Boo stated he was representing the Fridley Convalescent Home. Their architect met with representatives from the City on the site,and tF�ey also further d�scussed these plans with Suburban �ngineers. They remain concerned about the 10� PLANNING COMMISSION MEETING, MAY 22, 1985 PAGE 3 access across the back for many of the reasons discussed at the last meeting. Tbeir architect and engineer have expressed their thoughts on the feasibility and workability and concerns of this alternative plan, This alternative is difficult for a number of reasons: 1. The cost factor--roughly a$6,100 difference between the two plans. (The total parking lot cost with access off Lyric Lane, not includinq fencing and landscaping, was estimated at $18,000.) 2, Traffic flow--resulting in one entrance being used for both parking lot access and, at certain times during the day, would create traffic flow problems. This will continue to make it difficult for trucks and ambulances, at least during that period of time. Those problems exist now and would remain with this alternative. 3. The problems will only be increased durinq the winter time. Snow rer�oval will be very difficult with this locatiar of the driveway. 4, The safety issue is a very important and critical problem for them. This alternative does permit them to retain most of the patio area but will require fencing for safety. There will be a significant flow of traffic during certain periods of the day through a very narrow area and seasonal impacts will only make that situation worse. Mr. Boo stated they believe this alternative plan was a very difficult plan for them to accept, and, therefore, would urge that the Lyric Lane alternative be recommended. The Lyric Lane access will permit traffic to be more orderly or more spread out, it will permit traffic to be more control?ed, and that is imnortant to them. Mr. Boo stated he had some petitions that were signed by both residents of the Fridley Convalescent Home as well as employees who live in Fridley. These petitions again stated their concern about the need for the narking lot ti�ith access off Lyric Lane. � Mr. Boo stated there was also a third alternative that was �ossible, an�i that was access accross the front of the building. He did not know the ramifications of that alternative, but even in contrast to the alternative of the driveway across the back, it would be something they would want to take a look at. Ms. Schnabel stated the statement has been made about the problems with the amount of traffic generated going behind the building, the nearness to the patio area and garage, and the delivery trucks, ambulances, etc. Yet. if this new lot is to be used strictly by emoloyees, there would really only be traffic moving basically three times in a 24 hr, period. One would be at 6:00 a.m. �en there would not likely be people on the patio area. The afternoon shift would probably experience the most traffic, but then not again at night. She wondered about the deliveries being made. Mention was made about the deliveries being at the same tim� as the shifts were char�gir�y, but maybe there was the possibility that the providers could be scheduled to come at hours around shift changes. She knew it was not an uncommon oractice for companies to 10C PLANt�Ii�G COMf�1ISSI0ti MEE7IW6, MAY 22, 1985 PAGE 4 request that deliveries be made only at certain hours. But, she really wondered how great an impact that traffic situation is really going to be if the new lot is only used by employees. Ms. Judlicki stated many of tf�eir deliveries are in the morning. Paoer�products and nursing supplies come in the afternoon. The afternoon was the time when sfi.e would have the concern. When a semi was backed in there, she did not know if there would be enough room for a car to qet around it. Ms, Judlicki stated her greater concern was wf�h the snow�lowinG in the winter time, and someone coming zround the back side of the garage might not be able to see someone coming from the �ther direction. She did not know how they would be able to push the snow because the line on the north is a 6 ft, high fence belonging to the property adjacent to them. If they are goinq to be Qushing tF�e snow through there, she did not think that fence would remain tntact very long, Mr, Johanson stated he wanted to point out that there was a 3-4 ft. dro� from tfie corner down to the parking lot of the Fridley Medical Center. An,y car coming and sliding on a piece of ice could end up in that �arkinq lot. He stated the engineer from Suburban Engineers said that no engineer would recommend this alternative and said that if this access was put in, the Fridley Conva- lescent Home better increase its insurance because there will be accidents. Ms. Betty tJall stated she was Chairr.�an of the t�hrth Suburban Hospital District Board. The District owns Unity Hospital and the property where the Fridley Convalescent Home is located. She stated they have requested th?s permit to make it a little bit easier for them �o keep up with the changinq health care. They have made a simple request for a oarking lot. In making this req�est, they are going with what they think is the cheapest way. They did not want to raise any more issues on cost than they have to. Fridley is �art of the North Suburban Hospital District, and Fridley is also contributinq to ti�e costs the District incurs and the expenses the District has. So, this is part of Fridley's program. Mrs. Johanson is Fridley's District representative. Because of illness, she could not be at the meetinq. She stated all District Board members are requesting that the City of Fridley give th�m permissTon to do their parking lot. They do not want to make an issue or trouble for anvone and will abide by whatever recommendation the City makes. Ms. Edna Barsness, 7589 Lyric Lane, stated she had a petition which contained 69 signatures representing 41 of the 51 homes on Lyric Lane. In her opinion, it showed that the neighborhood was really against a narking lot with access onto Lyric Lane. She did not think they would be opposed to the access being on Madison. . Ms. Barsness stated she had some concerns about safety. The nursing home people are concerned about the safety of the residents and the additional cost for fencing. She looked at it from a different point of view. The residents ° are adult-s�ize people and only the employees would be driving behind the ` building and only at the time of shift changes. The nursing home could fence `"� the patio area and impose a reduced speed limit. Yet, they don't see that same R'a � OD PLANNIt�G COMMISSION MEETING, MAY 22, 1985 PAGE 5 traffic as posing a risk to tf�e neighberhood by putting access onto Lyric Lane. Cfuidren are compulsive by nature; ±f�ey do run out into the street, and young cFiildren are not as visible as adults. The speed limit on Lyric Lane is 30 m,p,h,, and any excess traffic on that street is really a safety hazard. There is a lot of traffic on Lyric Lane now. Ms. Barsness stated Health Central has made it known that they want to please the area residents and keep a happy neighborhood, and the residents do, too. She thought access onto Madison would be a much bett�r� compromise and it would give the nursing k�ome the parking lot they need. Therefore, she hoped the Planning Commission would maintain no access onto Lyric Lane. .MOTION BY MR. KO1vDRICK, SE'CONDED BY MR. BARNA, TO RECEIVE PETITIONS 9 b 10 - 1985 FROM TNE FRIDLEY CQNVALESCENT XOME, EMPLOYEES OF TFIE FRIDLEY CONVALESCE':T NO.ME, AND RESIDENTS ON LYRIC LANE. UPON A VOICE VOTE, ALL VOTING A.�E, CNAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Bruce Barsness stated the point the homeowners wanted to make was said at the last meeting. As far as the new proposal with access at the back of the building, f�e would be willing to accept that plan �f a couple of things were added; l, landscaping--that there be some way that the Citv reviews the plans or work afterwards to make sure adequate landscaping and screeninq is put in. 2, a fence that goes on the south side of the lot to the building 3. that a "right turn Madison so traffic Madison rather than on lyric Lane. only" sign be posted at the driveway onto leaving both of the lots has to turn north on south. If the traffic turns south,it will go Mr. Barsness stated he was not against Health Central, Unity Hospital, or the Fridley Convalescent Home, Ne wanted them to be able to exnand and maintain their businesses as best they can but not at the expense of the neighborhood streets and not at the exoense of the property values of their homes. Mr. Lloyd Larson, 7549 Lyr�c Lane, stated there are no sidewalks in the area, and the children have to walk in the street. By having access onto Madison, this situation co�ld be corrected. He agree;; with a"right turn only" sign coming out onto Madison. He stated that at the last meeting, Mr. Haines' had b�ought up his concern about no stop signs on Osborne at Madison. That would also help the situation. He stated the way things are now, their homes have been devaluated by the construction and the traffic. 10B PLANNING COMMISSION MEETING� MAY 22, 1985 __ PAGE 6 Ms. DorotF�y Artmann, 254 Rice Creek Blvd., stated she could not see where there would be tf�at mucf� traffic coming out onto Lyric Lane when the lot will only be used by employees and only at three times during the day. She was also speaking as a taxpayer of Fridley, and that was her tax dollar, too, tfiat was going to help pay for the increased cost of the driveway if it has to go around the back of the building. Ms. Judlicki stated that regarding snow removal, they are a 24 hr, business, and it is not a matter of having the snow cleared by morning; it is a matter of keepinG tf�e parking lots open at all times of the day. If people comnare the rates of the Fridley Convalescert Home to other nursing homes in the area, they will find they are very cost-conscious people. She stated they try to keep tE�eir rates reasonable and feel they offer the best long term care in the area. They are concerned about their rates and do not want to have to increase the rates so that it is a bigger burden on the residents. Mr, Haines stated he would be concerned about the suggestion of a"right turn only" sign coming out of the parking lot onto Madison. If they were to do that, they could say that all the traffic cominq out of the �arking lot in front of tf�e hospital would also have to go left instead of right. They have a lot of employees and patients who live in the Melody Manor area. Are they going to make these people go all the way around or are they going to let them go right home? He also hoped they could get the County to help them with some of the traffic by getting stop signs on Osborne at Madison. Mr. Haines stated that last year the hos(�ital had 52,000 patients (11,000 in-patients, 42,p00 out-patients�, usually coming with other people or emer- gency vehicles. The in-patients have a minimum of five visitors while they are in the hospital. That results in a lot of traffic. He stated they do want to be sensitive to the neighbors and have tried to demonstrate. But, on the other hand, he lost a lot of sympathy when �eople have moved in knowing the hospital is there. He has also had people tell him that the reason their houses sold so quickly was because the hospital was there, and he knew of two families who bought homes in the neighborhood because the hospital was there. Mr. Barna stated mention was made of the possibility of access across the front of the building. He stated what is considered the front of the building is actually the side yard since the front is the narrow part on a side street lot So, the southern end of the lot was the actual side yard, and thev could have a driveway through a side yard 17 ft, from right-of-way setback. Roughly guessttmating, the Frid�ey Convalescer,t Hcme would have room for a nice wide driveway, shrubberv,plantings, and reom for snow removal. Ne asked if the nursing home had looked at the cost of this alternative. Mr. Boo stated it was just simply an option they would like to look at if access to Lyric lane is denied. They do feel it would be a cheaper oqtion than the access around the back and, more importantly, they would not have the same safety or snow removal issues. 7� PLANNING COMMISSIO�J MEETING, MAY 22, 1985 PAGE 7 MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO CLOSE THE PUBLIC HEARING ON �'Ip�-03� FRIDLEY CONVALESCENT HOME, BY BETTY J. WALL. UPON A VOTCE VOTE� ALL VOTING AYE, CHAIRWOMAN SCXNABEL DECLARED THP PUBLIC XEARING CLOSED AT 8:32 P.M. Mr. Oquist stated the issue before the Planning Comnission was to allow the parking expansion. He definitely saw the need for that parking expansion for thP employees. He did have a concern about the driveway access onto Lyric Lane, although that was the most logical place to have it. If they allowed access onto Lyric Lane for the nursing home, they would have to allow the same access to the apartment complex. From his experience on the Planning Commission, that would happen. He would be in favor of approving the special use nermit with access onto Madison, either in front of the building or behind the building with proper landscaping. Of those two alternatives, the front was probably the most logical. It mi ght cost more because of the extra length of driveway, but yet it might not be because of the fill that would be required for the driveway in the rear. Mr. Oquist stated he did agree with the snowplowing concerns and the safety concerns in coming around the garage in the rear. Ne could not agree to a "right turn only" sign onto Madison because there are peonle who live in the area, and it is not fair to make them go all the way around. He did not think it was necessary to put up a fence around the parking lot. Ne felt that proper landscaping and berming by the parking lot would be more than adequate, MOTION BY f�2. OQUIST, SECONDED BY MR. KONDRICK, TO RECOMMEND TO CZTY COUNCIL APPROVAL OF SPECIAL USE PERINIT, SP I185-03, FRIDLEY CONVALESCENT HOME, BY BETTY J. WALL: PER SECTION 205.0�,1, C, 6, OF TNE FRIDLEY CITY CODE TO ALLOW PARKING LOT EXPANSIDN ON LOT I, BLOCK 1, MAPLE MANOR ADDITION, TXE SAME BEING 7590 LYRIC LANE N.E., WITH THE FOLIAWING STIPULATIONS: 1. NO ACCESS BE PROVIDED OFF LYRIC LANE. 2. SCREElV PARKING L(JT FROM RIGHT-OF-WAY A!'JD RF.SIDENTIAL PROPERTIi� 3. APPROPRIATE SIGNAGE BE PLACED IN PARKING LOT TY� INDICATE EMPLOYEE PAFtKING. 4. PARKING LOT LIGHTING TO BE DIFFUSED. 5. WORK WITH CITY ENGINEER ON DRAINAGE REQUIREMENTS. 6. IF TXE CHOICE I5 THE DRNEWAY ACCESS ON THE NORTH SIDE OF TNE BUILDING, VARIANCES ON THE NORTH IAT LINE TO BE AUTOMATICALLY APPROVED WITH TKE SPECIAL USE PERMIT. Mr. Saba stated the "right turn only" sign sounded like a good idea an�i should probably be investigated. The nursing home might just want to make that request to the visitors and employees who do not want to add to the problems of the neighborhood. He stated this is a beautiful neighborhood, and if he lived in the neighborhood, he would be opposed to the access onto Lyric Lane. He did feel that putting access in front of the building would spoil the visual image of the building. He knew there were problems, but he felt the only fitting place for it was in the rear of the buildinq. 100 PLANNING COMMISSION MEETING, MAY 22, 1985 PAGE 8 Mr. Barna stated he would concur witf� tf�e motion as stated. He stated that re.garding the "right turn only" sign, if the nursing home did put up that sign, it was not a sign t[�e police would enforce. It would just be a directional inforn�ation sign for visitors and employees of the facility. The cost of the sign and the cost in good will might help the situation. The sign would not restrict anyone from turning left on Madison. Ms. Schnabel stated she could appreciate the concern about keeping the traffic off Lyric Lane. What she was really interested in pursuing was that if the planning Commission or the City of Fridley could be of any assistance to Mr. Haines in his effort to get the stop signs on the corner of Osborne and Madison, she was sure they would be more than willing to hel� in any way possib�e. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MO:ION CARRIED UNANIMOUSLY. Ms. Schnabel stated this item would go to City Council on June 3. If the Fridley Convalescent Home representatives came up with another proposal with the driveway in front of the building, she would urge that they have that plan prepared for the June 3 meeting. 3. TABLED 5/8/85: PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, -, er ec ion .., ,, o e ridley �ty o e to a ow t e cons ruction of a second accessory buildinq, a 20 by 16 foot garage, to be used for storage of a classic car on Lot 26 and the North 25 feet of Lot 25, Block 16, Plymouth includinq the vacated alley, the same beinq 4565 - 3rd Street N.E. public hearing open. MOTION BY MR. KONDRICK, SECONDED BY MR. MINTON, TO RF.MOVE THF. ITE�T FROM THE TABLE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCH.NABEL DECLARED TNE MOTION CARRIED UNAI�IMOUSLY. Mr. Robinson stated this was a sirgle family lot located just east of 3rd St. and south of 46th. The proposal was for a second accessory building/garage to store a classic car. The garage would not have a driveway. The petitioner will drive the car only at the most once a week durinq the summer and not at all during the winter. The only stipulation recommended by staff was that this special use permit be reviewed in a year to make sure the driveway is not worn. � Mr. Kondrick asked if there had been any comments or concerns from the neighbors. Mr. Robinson stated they have not received any telephone calls or letters from any of the neighbors. r�� PLANNING CONMISSION M�ETING, P1AY 22, 1985 PtIGE 9 Mr. Minton asked if there was room for a dri�ieway if it was warranted. Mr. Robinson stated that a 10 foot driveway was possible. They could pave up to the house and up to the property line if the owner had an agree- ment with the neighbor. Otherwise, he needed a 3 ft. setback. Mr. Lindman stated he now has a metal shed in the back yard. According to the City, he could f�ave a 12 ft, x 20 ft. building without a sQecial use permit, wfiich would be fine if he was only going to store his car. But, if he takes down the metal shed, he will need the extra 4 ft. to store lawnmower, tools, etc. He did not see where his garage would have any impact on the neighbor- F�ood. His next door neighbor has a 3-stall garage to the south of the building. Mr. Lindman stated he did not want to put a driveway in as he did not want to destroy the property with blacktop. If he was going to drive the car in and out of the garage often enough to leave marks in the grass, he would not do it. He did not want to spoil the appeararce of the house. He stated he will probably drive the car in and out of the garage twice a month. In the winter time, he would not use it at all from about the end of October until the first part of April/May. Mr. Lindman stated he has had several estimates for the construction of the garage, and he will be going with the best quality he can find. The garage will match the house. Ms. Schnabel asked if Mr.Lindman had thought about adding the garage behind the existing garage. Mr. Lindman stated he had thought about adding it onto the back of the existing garage with a connecting door, but it would add to the cost. Having the garage back in the corner of the lot gets it out of the way and still leaves a lot of room in the yard for the children to play. Mr. Barna stated that if �ir. iindman added the new garage to the existing garage, he might need a variance also, because the square footage of the garage would exceed a percentage of the footprint of the house. So, he was better off witf� a special use permit for a second accessory building. MOTION BY MR. SABA, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING ON SP 85-04 BY LANCE A. LINDMAN. UPON A VOICE VOTE, ALL VOTING AYE, CNAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:55 P.IN. Mr. Barna stated he had no problem with the special use permit. The siye of the garage was not excessive. It was just barely big enough for the car and lawn equipment.. 10� PLANtJI��G COMMISSIO�� MEETING, MAY 22, 1985 pq�� }d MOTZON BY MR. SABA, SECONDED BY MR. BARNA, TO RECOMMEND TU CITY COUNCIL APPR06'AL OF SPE'CIAL USE PERMIT, SP �185-09, $Y LANCE A. LINDMAN: PER SF.CTION 205.07,1� 3, A, OF TFi£ FRIDLEY CITY CODE, TO ALLOW TXE CONSTRUCTIGW OF A SECOND ACCESSORY BUILDING, A 20 BY 16 FOOT GARAGE, TO BE USF.D FOR STORAGE OF A CLASSIC CAR ON LOT 26 AND THE NORTH 25 FEET OF IAT 25, BLOCK 16, PLY- MOIITH INCLUDING TFfE VACATED ALLEY, THE SAME BEING 4565 - 3RD STREET N.E., WITH THE STIPULATION THAT THE SPECIAL USE PERMIT BE REVIEWED BY STAFF IN ONE YEAR , UPON A VOICE V�TE, ALL VOTING AYE, CXAIRWOMAlV SCHNABEL DECLARF.D TNE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated this item would go to City Council on June 3. 3, COt�TINUED 5/8/85: CONSIDERATIO�� OF AN ORDINA��CE RECODIFYING THE FRIDLEY I G C P ER I ED SIGNS : Mr. Robinson stated the Planning Commission had asked that this be reviewed by the Appeals Commission. The Planning Commission members had a copy of the Appeals Commission minutes of Jan. 29, 1985, when the possible revision to the sign ordinance was discussed. They eliminated any talk about changinq the overall square footage of the sign and strictly stayed with trying to clarifv what a legal non-conforming use was, when a legal non-conforming use was noVlonger a legal non-conforming use, and becomes illegal. They also defined what a variance was and how long a variance remains in effect. Mr. Robinson reviewed the changes with the Comnission. Mr. Barna stated the only other area the Aopeals Comnission discussed was the political sign section. They discussed that the 4 ft, x 8 ft, siqns shouldn't be allowed in a residential area--that 4 ft, x 8 ft, signs be allowed only in areas where normally that si2e of sign would be legal. The Appeals Corrmission recommended that 2 ft. x 4 f�, be the maximum size sign allowed in a residential neighborhood. MO_TION BY MR, BARNA, SECONDED BY MR. OQUIST, TO RECOMMEND TXE FOLLOWING CNANGE TO CHApTER 214 ENTITLED "SIGNS": PAGE 44, SECTION 214.06.3.A. BE CHANGED TO READ: "A MAXIMUM SIZE OF THIRTY-?WO (32) SQUARE FEET IN AREA, WITH THE EXCEPTION TXAT TNERE BE A MAXIMUM SIZE OF 2 FT. X 4 FT. (8 SQ. FT.) IN ANY R DISTRICT." UPON A VOICE VOTE, ALL VOTING AYE, CXAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMDUSLY. MOTION BY MR. KONDRICIC, S�CONDED BY MR. NIELSEN, TO RECOMMEND TO CITY COUNCIL APPROVAL OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CXAPTER 214 ENTITLED "SIGNS" WITH THE RECOMMENDED AElENDMENT REGARDING POLITICAL SIGNS. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED TN.E MOTION CARRIED UNANIMOUSLY. 10.1 PLA►vNIr�G COr�IiSStON MEETI��G, MAY 22, 1985 PAGE 11 4. RECEIVE M�1Y 2, 1985, HUMAN RESOURCES COMMISSION MINUTES: 1NOTION BY 1NR. NIN�N, SECONDED BY MR. SABA, TO RECENE THE MAY 2, 1985,. HliMA.W RESOURCES COMMISSION lNINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRWOMAN SCXNABEL DECLARED THE MOTION CARRIED LIVANIMOUSLY. 5. RECEIVE �1AY 6, 1985, PARKS b RECREATION COMMISSION MINUTES: M^TION BY MR. 1CONDRICK, SECONDED BY MR. NIELSEN, TO RECEIVE THE MAY 6, 1985, PARY.S 6 P.ECREATION COMMISSION MINUTES. UPO.N A VOICE VOTE, ALL VOTING AYE, CXAIRW�JMAN SCHNABEL DECI.ARED TNE MOTION CARRIED UNANIMOCSLY. 6. RECEIVE MAY 7, 1985, ENERGY PROJECT COMMITTEE MINUTES: M.OTION BY MR. SABA, SECONDED BY MR. BARNA, TO P.ECENE THE MAY 7, 1985, E:VERGY PROJECT COMMITTEE MI:VUTES. UPON A vOICE :OTE, ALL VOTING AYE, CHAIA.WOMAN SCXI�ABEL DECLARED TNE MOTI�y CnRRIED U•VANIMOUSLY. 7. RECEIVE MAY 14, 1985, APPEALS COMMISSION MINUTES: MO:'ION BY MR. BAR'VA, SECONDED BY MR. KONDRICK, TO RECEI:'E TNE MAY 14, I985, FiPPEALS COMMISSION MINUTES. UPON A VOICE W TE, ALL VOTING AYE, CNAIRWOMAN SCyNABEL D£CLARED T.YE 1fOTI0N CARRIED (I'�ANIMOUSLY. 8. OTHER BUSINESS: a. Discussion about Skywood Mall Mr. Nielsen stated the Skywood Mall merchants are very upset and are complainfng that the owner has the "Skywood Inn" sign but that there is very little that identifies the tenants within the mall. Ms. Schnabel stated there are some real problems goinq on with the Skywood Mall. The tenants have no signed leases at this point, so they are in limbo. Their signs have all been removed frnr� the front of the building and, as a result, they feel their businesses are suffering because no one knows they are there. They feel that the develoaers took the money, i� terms of the bond money that was given theM, and used it to build the Skywood Inn, but have not been applying that money to the shopping center. Some pt�ople are curious about where that extra money is at this point. � � PLANNING COh1�1ISSI0N MEETING, MAY 22, 1985 PAGE 12 Ms. ScF�nabel stated there is some concern about the sign that has gone up. She was a little surprised that there are several signs that say "Skywood Inn" and very little signage to identify the mall. The sign that went up for the Skywood Inn is in the center of the property, and she thought that it was to go nearer to 52nd. The sign is bigger than the Menards sign, and she thought it was to be the same size as the Menards sign. Ms. Schnabel stated another thing she has heard is that the landscaping has not been completed,and the site has not been cleaned up, Ms, Schnabel stated she has received a call about the water retention on the motel roof. It is not holding water, and as a result, all the water is draining into the pond. The pond is not large enough to hold the water. There is a pipe coming up out of the ground onto 52nd Ave., and all the excess water that cannot be held in the pond is draining out onto 52nd causing the street to wash away. She wondered if it was illegal to pipe water out of the pond onto a public street. Ms. Schnabel stated that because she has heard a lot of guestions raised about the whole Skywood project, she was a little nervous about it. The Planning Commission merr�ers agreed there were many questions and concerns that should be answered. They felt the City should definitely get tough with the owners and give them a tiMe limit in which to get things done or they forfeit their performance bond money. ADJOUR��IENT: MOTION BY MR. KONDRICK, SECONDED BY MR. MINTON, TO ADJOURN THE Mf.ETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MAY 22, 1985, PLANNING COMMISSION MEETING AA70URNED AT 9:45 P.M. Respectfully submitted, � �� )< < � �� ynne a a Recording Secretary 1OL APPEALS COMMISSION MEETING, MAY 14, 1985 PAGE 4 TF�e petitioner also plans to add 12 feet or�to the back of their bedroom. The addition would be 2 inches less thdn the required 10 foot setback. If the variance is granted, it would be a westerly extension of the present north wall of the house. The two houses are presently in excess of 22 ft. apart. If the Board approves the requests, the staff has no stipulations to suggest. Mr. Joseph Maertins stated the house was built Zn the 1950's when single car garages were popular. Now most people have two cars, and it was rather diffi- cult to accommodate two cars with only a single car garage. He stated there was not a feasible way to put a new garage behind the house. It was a large lot, but narrow. What they are attemoting to do, and what he thought was architecturaily pleasing, was to build the garage out in front (only an additional 18 ft. beyond what is there; the present garage sticks out 6 ft. beyond the house) and to add an entryway to the house to offset the depth change between the garage and the house, so there was not just a garage sitting in front of the fiouse. He stated both the neighbors on the north and south have given their approval to this proposal. He stated this was not a t,ypical block where all the houses are sitting in a row. MOTION BY MR. PLEMEL, SECONDED BY MR. BETZOLD, TO C7ASE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, V:.CE-CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING CLOSED AT 7:49 P.M. Mr. Barna stated this looked like the only place a garage could be built. With the elevation of the lot, nothing could be done in the rear. Mr. Plemel stated that since there did not appear to be any neighborhood objection, he would be in favor of granting the variance. MOTION BY MR. PLEMEL, SECONDED BY MS. GEROU, � APPROVE VARIANCE REQUESTS PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 27 FEET, AND REDUCE THE SIDE YARD SETBACK ON THE LIVING SIDE OF A DWELLING FROM 10 FEET TO 9.83 FEET, TO ALLOW THE CONSTRUCTION OF AN ADDITION TO A DWELLING AND A NEW GARAGE, ON LOTS 14 AND 15, BLOCK 1, RNER EDGE ADDITION, THE SAME BEING 144 RIVER EDGE WAY N.E. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BARtIA DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE VV1�\l� I\1111 ll• !l1 I(1VIiLV 4llIV1VLo VI\ LVI IL' LlLVVI\ 1' 11l11\iVl� �I11..LJ7 ., eques y a rlc r ene 1nn, nlversi y venue .., p. , Spring Lake Park, P1n. 55432). 1 OM APPEALS COP�1MISSIOPI MEETING, MAY 14, 1985 PAGE 5 MOTION BY MR. BETZOLD, SECONDED BY MR. PLEMEL, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPRRSON BARNA DECLARED THE PUBLIC HEARING OPEN AT 7:51 P.M. Vice-Chairperson Barna read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 5202 Pierce Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.1 requires a front yard with a depth of not less than 35 feet except as noted in Section 205.04.4G. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right of way and also for aesthetic consideration to reduce the "building line of sight" encroach- ment into the neighbor's front yard. B. STATEU HARDSHIP: "Problem with construction because of ravine on lot. Fast drop of elevation from 100 feet to 74 feet even with the variance granted," C. ADPIINISTRATIVE STAFF REVIEW: This lot is vacant. The existing houses on the east side facing Pierce Street are set back 25 feet as variances were granted in 1979. The house to the west has a 41 ft. setback. There is a 10 fooi boulevard, there- fore, if the new house has only a 15 foot setback, it would be 25 feet from the curb. If the Board approves this variance, it should consider a minimum of 25 ft, for a front yard setback. Mr. Clark showed the Commissioners pictures of the property. Mr. Finn stated that this was a difficult lot to build on. Even with the variance, because of the radical drop in elevation, it was going to be a problem, Mr. Clark showed the Comnissioners a map showing the topography of the lot and where the proposed house would be located. � Mr. Barna stated the Comnission had received a letter from Douglas W. White, 5211 Fillmore St., who stated that "having built on like terrain at 5211 Fillmore St. N.E., without benefit of a variance, I strongly recomnend that the petitioner be allowed as generous a set�ack as compatible with parking of vehicles in his driveway and the appearance of his building along with others on the cul-de-sac". 10N APPEALS COMMISSION MEETING, MAY 14, 1985 PAGE 6 .MOTION BY MR. BETZOLD, SECONDED BY MR. PLEMEL, TO RECEI[�E THE LETTER FROM �9R, WHITE DATED MAY 11, 1985. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Clark stated the City Staff is asking that the variance be a minimum of 25 ft, from the property line. He stated 15 ft, from the property line hardly leaves enough room to park a car, and they are trying to be more consistent with the setbacks of the other houses. Ne did understand, however, that this property had more of a hardship. t�r. Don Fulcher stated he live� at 5206 Pierce St. N.E., the house adjacent to the west with the 41 ft, setback. He stated he wanted to see something build on this lot, but he thought that because of the topography and the F�ouse desired that strong consideration has to be given to bringing the house closer to the street. He had that option or buflding down on the lot. From his standpoint, he had no problem wlth what the peti�tioner was requesting. Mr. Betzold asked Mr. Finn how much it would affect his plans if he moved the hosue 35 ft, back from the street. Mr. Finn stated he would either have to shorten tf�e house or come up with new house plans. By going back 10 more feet, the elevatlon really drops. Mr. David �J��-��, 5241 Pierce St. N.E., stated he had a letter from his next door neighbor, Joseph 0. Valtinson, Jr., at 5215 Plerce St. Mr. Valtinson stated he could not be at the meeting, but "asked for a similar setback when I built my house in 1979 and was turned down. I understand now, it was for the best even if it cost me $50d0 extra in footings, block work, and railroad ties because of the steep incline of my lot. I am against the setback mainly because of tfie setback of the neighbor to the west. If you can compromise between 15 and 35 feet to the satisfaction of your �ext door neighbor, then I am in favor of the setback agreed to". MOTION BY MR. BETZOLD, SECONDED BY MS. GEROU� TO RECEIVE THE LETTER FROM MR. VALTINSON, JR., DATED MAY 14, I985, UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. }�D�r�—'�,stated he and his wife bought their house about a year ago. They had three windows designed specifically to look at the view of the IDS Tower and downtown. They have talked to a realtor and have been told that, should the view be blocked, it would devalue their house by several thousand dollars. If the proposed house was moved back, based on the angularity of the lot, they believe they would be able to see between the houses. Mr, stated their second concern was for Mr. Fulcher whose house was set back at 41 ft. . : APPEALS COF�ENISSION MIEETING, MAY 14, 1985 PAGE 7 Mr. Fulcher stated he guarantee that if the condition and higF�er Mr. �7��i�-stated willing to compromise appreciated f►is neighbor's concern, but there was no setback wasn't granted that another dwelling of worse couldn't be built, and it might still obstruct the view. tf�ey were opposed to the 15 ft, setback, but wer.e between 35 ft, and 25 ft. Mr. Clark stated that maybe the concerned neighbors would like to get together with Mr. & Mrs. Finn and stake out the property where the house wou]d be located. Mr. Betzold agreed. He stated the Commission could vote on this item, but since there was neighborhood opposition, no mat�er how the Commission votes, it still f�as to go to City Council. In the meantime, the petitioners could get together with their neighbors and then let the City Council know if any thoughts on either side have changed. MOTION BY MR. BETZOLD, SECONDED BY MR. PLEMEL, TO CLOSE THF. PUBLIC HF,ARING. UPON A VOICE VOTE,ALL VOTING AYE, VICE-CHAIRPERSON BARNA D�CLARED THE PUBLIC H?ARING CLOSED AT 8:30 P.M. Mr. Betzold stated he was concerned about the neighbors' concerns. He stated it was an interesting plan, and the lot was somewhat unusual; however, the petitioner had indicated a different house plan might be compatible with the lot so part of the hardshi� seemed to be somewhat imposed by the vetitioner. City Staff has expressed some reservations about having the setback so close to the curb and would prefer 25 ft. as ooposed to the petitioner's request for 15 ft. Because of these concerns, he would not be in favor of granting the variance as requested by the petitioner. Ms. Gerou stated that as long as the City Sta�f and tha neighbors were opposed to this size variance, sF�e, too, would vote against the variance. Mr. Pler�el stated he felt 15 ft. was just too close to the curb. They should not allow a setback any closer than any of the neighbors, and he would vote against the variance request. Mr. Barna stated he fe�i the hardship was partially because of the lot and partiallv self-imposed due to the design of the house. He was quite sure a house that would fit into the same livability and price bracket could be built on the lot without as great a variance. .MOTION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO RECOMMEND TO CITY COUNCEIL DENIAL OF A VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 35 FEET TO IS FF.ET TO ALLOW THE CONSTRUCTION OF A NEW DWELLING WITH AN ATTACHED GARAGE ON LOT 12, BLOCIC Z, MARION HILLS, THE SAME BEING 5202 PIERCE STREET N.E. UPON A VOICE VOTE� ALL VOTING AYE, VICE-CHAIRPERSON BARNA DECLARF.D TKE MOTION CARRIED UNANIMOUSLY. 10P APPEALS COMMISSIOPJ MEETI��G, MAY 14, 1985 PAGE 8 I�OTION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO RECOI�IMEND TO CITY COi1NCIL APPROVAL OF A VARIANCE PURSUANT TO CKAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE REQUIRED FRGNT YARD SETBACK FROM 35 FEET TO 25 FEBT TO ALLOW THE CONSTRUCTION OF A NEW DWELLING WITH AN ATTACHED GARAGE ON LOT 12, BLOCK 1, MARION HILLS, THE SAME BEING 5202 PIERCE STREET N.E. . UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPFRSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr, Clark stated tf�is item would go to planning Commission on May 22 wftf� final approval by the City Council on June 3. 4. VARIANCE RE UEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE , , x SIZE T 3 x , , �., ADDITION, THE S E BEI�JG 5 2 HORIZON D IVE N.E. Request y Joe Pereqrin, orizon r�ve .., ri ey, n. :'NOTION BY MS. GEROU, SECONDED BY MR. BETZOLD, TO OPEN THE PUBLrC HEARIPTG, UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BARNA DECLARED THE PUNLIC HEARING OPEN AT 8:39 P.M. Vice-Chairperson Barna read the Administrati:ve Sta�f Report: ADM;t�ISTRATI�E STAFF REPORT 5272 Horizon Drive N.F, A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.2b requires a side yard of not less than 5 feet between an attached accessory building and a side oropertv line. Public purpose served by this requirement is to mafntain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATFD HARDSHIP: "I have three cars in the family and need the bi_ggest garage I can get." C. ADMINISTRATIVE STAFF REVIEW: The owner presently has a 14 x 26 foot garage located 5 feet from t#�e south property line and 6 feet from the house. They would like to replace this garage with a 23 x 34 foot garage to 6e attached to their house and be located 2 feet from the south pronerty line. ThE staff recomnends that tf�e Board consider reducing the garage width to 22 feet, leaving 3 feet from the south garage wall to the south propertv line. The existing garage to the south is 5 feet from the cormon property line. 1 OC� APPEALS COMMISSIOf� MEETING, MAY 14, 1985 PAGE 9 The Board should also stipulate that the south wall of the new garage be a fire�rall with no openings. Mr. Betzold stated he noticed that Mr. Peregrin`s neighbor to the south has a single car garage. If this variance was granted, would tf�ey be subse- quently denying Mr. Peregrin's neigf�bor from building a larqer garage? Mr. Peregrin stated it costs him $10,000 to build a garage, and it is the same price whetf�er he goes 23 ft. or 22 ft. That 1 ft, means a lot to him. He needed all tF�e room he can get, and there were a lot of tf�ings he could store in that 1 ft. He stated he has talked to his neighbors and no one has ex�ressed any objections. Mr. Clark stated this lot does fall way to the back, so Mr. Peregrin could detach a garage in the back. However, it was not real feasible because of the drop in back. Mr, peregrin stated fie would have preferred to build in back, but he could not afford it. It would cost $4200 more to build in the back. �Ir. Barna stated that if there was a 2 ft, overhang on the garage, would Mr. Peregrin be willing to restrict the size of the overhang so it would not be hanging over the property line or be so close to the property line? Mr. Peregrin stated he would be willing to go along with whatever the Apneals Commission recommended. MOTION BY MR. PLEMEL, SECONDED BY MR. BETZOLD, TO CLOSE THE PUBLIC HF.ARING. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CXAIRPERSON BARNA DECLARF,D THF. PUBLIC NEARING CLOSED AT 8:52 P.M. Mr. Betzold stated he could not go along with the variance reauest. The stated hardship was a fairly common one that the Corimission has heard before--that the petitioner wan`s a big garage and the City Code says he cannot have one. The petitioner wants to build as close to the lot line as possible, yet the neighbor to the south has a single car garage and aqparentl.y does not care right now, but the owner to the south could at some future date want to build uo close to the lot line, too, because his neighbor was allowed to do so. This entirelv defeats what the code says. He did not see a demonstrated hard- ship other than the Citv Code does not allow the petitioner to build up to the lot line, and that is exactly what the code is intended to do. He would vote against the variance as requested. Ms. Gerou stated she felt the same way. It was like almost gettlnq down to zero lot line or the variance is first-come, first-serve, and that wasn't right. She stated 2 ft. was too close to the lot line. Mr. Plemel stated that with the problems with outside r�aintenance on tfie eaves, 2 ft. r�akes it very difficult. He would be against the variance. �oa APPEALS COMMISSION MEETING, MAY 14, 1985 PAGE 10 Mr. Barna stated he did not see a real hardship, other than the petitioner wants the biggest garage he can have. MOTION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO RECOMMEND TO CITY COUNCIL DENIAL OF A VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE REQUIRED STDE YARD SETBACK FOR AN A2TACHED GARAGE FROM 5 FEET TO 2 feet, to a11ow a 14 FT, x 26 FT. DETACHED GARAGE TO BE ATTACXED AND INCREASE THE SIZE TO 23 FT, x 34 FT. ON LOT 9, BLOCIC I, CARLSON'G SUMMIT MANOR NOFiTH ADDITION, THE SAME BEING 5272 HORIZON DRIVE N.E. G'PON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Barna stated this request would go to Planning Comnission on Mav 22 and to City Conncil for final action on June 3. 5. VARIANCE REQUEST PURSUANT TO CHAPTER 2Q5 OF THE FRIDLEY CITY CODE TO REDUCE �" �, , , , equest y eo ore ay, arigo errace .., ri ey, n. "40TION BY MR. BETZOLD, SECONDED BY MS. GEROII, TO OPEN THE PUBLiC HF.ARING. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING OPEN AT 8:56 P.M. Vice-Chairperson Barna read the Admini.stratzve Staff Report: ADMINISTRATIVE STAFF REPORT 711 Marigold Terrace N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.3a requires a rear ,yard depth for the main building of not less than twenty-five percent of the lot depth with not less than twenty-five feet permitted or more than forty feet required. Public purpose served by this re�uirement is to nrovide rea r yard space to be used for green areas which enhance the neighborhood. B. STATED HARDSHIP: "We need a three car garage to house three cars; two are driven every day and the *hird car is a classic }hat needs indoor storage." ' �. ADMINISTRATIVE STAFF REVIEW: If the petitioner were to build a detached garage, he would not need a variance. He prefers to attach it to his present house with a new room to be provided hetween tf�e existing house and the new garage. 10B APPEALS COT1MISSIOPJ MEETING, MAY 14, 1985 PAGE 11 If the Board approves t1�is request, tfie staff has no stipulations to reco�mend. Mr. Clark stated it should be noted tF�at the gara�e doors will o�en to�the east, and there is only going to be 22 ft, between the garage doors and the property line. The car is going to have to be backed out and turned around in order to go down the driveway. Mr. Day explained his plans to the Commission. Ms. Shirley Trowbridge, 701 Marigold Terrace, stated she lived r�ght next door. The garage was going to block off her whole view from her kitchen window to West Moore Lake Drive. She did not know wfiether that would affect the resale value of her house, should sF�e ever sell. She did not care to look at the back of a garage wall, but she also did not want to be the one wf�o cause the denial of this.request. MOTZON BY MR. BETZOLD, SECONDED BY MS. GEROU, TO CLOSE TNE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CNAIRPERSON BARNA DECLARED THE PUBLIC HEARING CLOSED AT 9:13 P.M. Mr. Barna stated he did not have a definite objection to the variance because if the family room were left off, and the garage was detached, no variance would be needed. He did not like the garage in the middle of the back yard, but that was the petitioner`s choice. Mr. Plemel stated he would be in favor of granting the variance. Ms. Gerou stated she was not sure this wasn't a self-imposed hardshio. For that reason and because of a neighbor's concern, she would have to vote against the granting of the variance. Mr. Betzold stated he was looking at the 1ot area and the way tJest Moore Lal�e Drive comes in and the way the neighboring houses face. It was an odd-shaped neighborhoad to begin with. He was bothered with the inconsistency in the code where the very same building attached creates the need for a variance; vet a building in the same nlace detached would not need a variance. He stated he thought this was a matter that should go to City Council just for that reason alone. This might be something the City Council should consider changing. Mr. Barna stated he could see the rationale of the code as nart of the structure because they could end up with an awfully long house on a lot. On that� rationale, he felt that basically the idea was the City did not want long houses running way into the back yard. He did not think the code was really designed to address garages and attached garages at the rear of the house; it was more designed to address a house that could be very long. 10T APPEAL� COMMISSION MEETIP�G, MAY T4, 1985 PA�E 12 :�OTION BY MR. PLEMEL, SECONDED BY MR. BETZOLD, TO RECO:KMEND TO CITY COUNCIL APPROVAL OF A VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDiJCE THE REQUIRED REAR YARD SETBACK FROM Z/9 OF THE LOT DEPTH (34 FT.) TO 26 FEET TO ALLOW TKE CONSTRUCTION OF AN ATTACHED GARAGE 32-FEST BY 24 FEET ON LOT 12, BLOCK 3, DONNAY'S LAKEVIEW !lANOR, THE SA1�lE BEING 7Z1 MARIGOLD TERRACE N.E. UPON A VOICE VOTE, BARNA, BETZOLD, AND PLEMEL VOTING AYE, GEROU VOTING .NAY, VICE-CHAIP,PERSON BARNA DECLARED THE MOTION CARRIF.D. Mr. � rna stated this would go to Planning Commission on May 22 w�th final approval by the City Council on June 3. 6. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEV CITY CODE TO REDUCE �v i�VLVn V/�I�nVL L/�l/ll\J1V�t VI\ IrV� J� ULVV�\ T� IJ�\VV��■iLn 1L��l�Vl. JLVVI�a/ /��JIJl�1V�� IJ� equest y ona room, an ora rlve . ., ri ey, n. uOTION BY :4R, BETZOLD, SECONDED BY MS. GEROU, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPEPSON BARNA DECL,�RED TFIF. PC'BLIC N.�'ARI.NG OPEN AT 9:20 P.M. Vice-Chairperson Barna read the Admtnistrative Staff Report; ADMINISTRATIVE STAFF REPORT 940 Pandora Orive N.E. A. PUBLIC PURPOSE SERVED BY REQUIREI�IENT: Section 205.07.3D.2b requires a side yard of nat less than 5 feet between an attached accessory building and a side proqerty line. Public purpose served by this requirement is to maintain a minimum of 20 ' feet between living areas in adjacent structures and 15 feet betweeA garages and living areas in adjacent structures to reduce ex�osure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HAROSHIP: "I have a 13 foot single car garage and would like a 2 car garage. .I need room for a car, boat, etc." C. AOPIINISTRATIVE STAFF REVIEI�1; Tf►e 5ack corner of the proposed garage and the adjacent house will be 13 feet apart. The front corners would be 17 feet apart. �ou APPEALS COt1MISSION MEET�t�J � MAY 14, 1985 PAGE 13 If the Board aphr6ves the variance, the staff recommends that the west wall of the gara�� addition be a firewall. Mr, �lark stated that if tf�e variance was granted to 3 feet, the new garage would be 20 ft. wide�:� Riqht now, there is 10 ft. betH�een the existinq garage and the lot line. '�r, Froom stated his boat fs 6.6 ft, and he stores it at the end of the f�ouse right now. Because of ti�at, he cannot grow grass there. He stated he only has one car and wou�•d like to store both his car and boat in the qarage. Mr. William Wallraff, 930 Pandora Drive, stated he was concerned because his living area was near the �roposed garage expansion, It would block the view from his bedroom windor�. He was concerned about the fire hazard of having a�arage that close.to-living area. He stated the two housas are verv close right now, and he would be opposed to the granting of the variance. -, .�lOTION BY MR. BETZOLD, SECONDED BY MS, GEROU, TO CLOSE THE PC'BLIC NF.ARI:VG. r , . _� • JPON A VOICE VOTE, ALL VOTING AYE, VICE-CNAIRPERSON BARNA DECLARF.D TNE Pf.'BLIC NEARI:VG CLOSED AT 9r18..p,M. Ms. Gerou stated tha�b�ased on a precedent being set, she would be against the granti�g of the variance. 14r. Betzold stated t�ie��concern he had was that in a previous agenda item where someone wanted to build closer to the lot line, no hardship was der�on- strated, and the Commission denied that request. This was a similar request. In the past, he had _vo�ed to allow something like this as lonq as there was sufficient space between structures and that the space would not be chanqed. In this case, there +�ras the 17 ft, at one point, but 13 ft, at another point, and that would requir� a variance. Based on the lack of hardship, he would vote against the requ�st for variance. Mr. Barna stated the hardship was more a matter of "I want", and he felt there were other pos�ble solutions. It was possible to build in the back yard as there was access to the back yard on the otf�er side of the lot. It might not be as desi'�able, but �t was possfble. He could not see anything other than a self-imposed hardship, and because of an objection by a neighbor, he would vote agains��' the variance request. � "OTION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO RECOMMEND TO CITY COUNCZL DE'VIAL OF A VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FR=DLEY CIT!^� CODE TO REDUCE THE REQUiFiED SIDE YARD SETBACK FOR AN ATTACHED GARAGE FROX 5 FEET TO 3 FEET TO ALLOW GARAGE EXPANSION ON IAT 5, BLOCK 4� BROOKVIEW TERRACE SECOND ADDITION%;��'XE SAME BEING 940 PANDORA DRIVE N.E. G�PON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BARNA DE�LAR£D TRF. MOTION CARRIED UNANIMOUSLY. --- ��•:.� � � �� ___ CITY � �_ _— - � L NOSP1i Al / .� ��Y <� � ,` �• � � 1 • � 1� �� `, �� _ --� - ��. • • • � � � . . . ---- �. •i} i � _ -, , - .� • � 3� ; �'�: • • . ... '-� �� q� • � �� '� �; � i � � i�� • • • � • � � . ,_, ,-,� i �� _� � ' A�p t7 . ` ..�� _� , Y • �-1 �� '�1Y.j� /.\ �.� � K�, - � i-,�a• � .� ! - ��{'' �. 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CITY OF FRIDLEY PETITIUN (;OVER SHEET Peci 1 io�� N,•, 10-1985 Date Received May 29, 1985 ot>je�c Access for new employee parkino lot for the Fridley Convalescent Home off of Lyri c Lane Petition Checked By Percent Signing Referred to City Council Diaposition Date 10DD � 10EE __ e u uve.r� . "' "' ��Z• �f f�c7s+�' � T � , �ridley �'onvalescent Home Division of Health Central 7590 LYR1C LANE N.E. • FRIOLEY, MINNESOTA 55432. AREA CODE 612 . 786-7700 ^ May 20, 1985 We. the undersigned, are Residencs of Fridley Com�alescent Home. Since many of us are making this our permsnent home and in many cases ve have been residents of this area for many years. ve feel ve have as muc}i right in determining issues of our neighborhood as other residen[s alonb Lyric Lane. Access to the nev parking lot throu�h our backyard is totally un�� ept- able to us. It vould take avay part of our back}•ard patio area which is the only private outdooz are� ve have. This is our summer recreation area. noon picnic site, family ni�ht. sunning and visiting area. Safety of the employees, the people vho take care of us. is also a prime concern. The potential for accidents is very real with this driveway. Cost is another factor that ve, with limited incomes, are concerned abou[. 41e definately prefer access off of Lyric Lane to our nev employee pork- ing lot. :.2��'�..L � ,. Q,�, � � . Ik�cidents of Fridlcy Convalesccnt Ho��• - �n � �s� . ��L � r1 C�rL��L. �- iti� � � �.: '_�.,ti� �{ � �: �. � ! "l� � _ , , �/�/ �� , •� / t' ;"L-2.�i. �! � s; '.r: % �,�L• r . _ /,�i ` �� {il al� si'r, A ��— �7`� - J .'C"+`/ �. o' � � // � ��% �,�� ;=��Iil! �� , �- ; ;� �`.,.z� � �.�'�� '+` � , _ =r �� {.\,i. /f! ' , � ,� : � , ,�'�..��'-- ✓IK/I/�J ' �� C ..: � et '1 �.< . __. - - . �_ .. - �'r�. ,� 1 �t :- ,�,� �- � , - � :- . ,, ��.�� s �. �4�- ^��- �� a � /� .. r./i LZ ' Y „ ��... � ��,�t.� �^ � % / J-�-� �: �/�/��.� �.�L_ ..r✓ , i%.�,�t.�.J� G,��,�;.�._.�c..�'; �_.�.1� �" �'�'_, . ri^ � i � ^ U C.il..Jti1 ,, � _" ...-. b f ""'�"r � f ' \ 10FF F�zdley Convalescent Honze Divisi.on of Health Central 7590 LYRIC LANE N.E. . FRIDLEY, MINNESOTA 55432 . AREA CODE 612 . 786•7700 lta�� 20. 1985 We, the undersigned, are Rc�idents of Fridley Com•alescent Home. Sincc many of us are making this our permanent fiome and in mam• cases ve have bcen residents of this arca fnr min.• ��c:�rs, v.• fcc] vc hi�•e as much right in determining issues �f our nei�hborhood as other residen[s alone L}•ric Lane. Access to the new parking ]ot thrnu�;h our backyird 1s tot�ll�• un�ccep[- able to us. It vould take aw�i�• p.�rt of our backy�rd patio area vhicl� is the only priva[e outdoor area we h��•c. This is our summe►- recreation area, noon picnic site, familv nigl�c, sunning and visitins area. Safet�• of [he employees, the people vho t:�ke c�re of us, is also a prime conccrn. The potential for accidents SS ver�; real �.•ith this driveway. Cost is another factor that ve, vith linitcd incomes, are concerned about. Ne definately prefer access off nf i.��ric Lane to our nev emrlo�•ee p�rk- inr lot. � � _ ' y/ . �. • i. �_ ✓ :.� � 1�- � � :+� �-. i %� � • . )... �.,�...t_ .. i�: _.�'V : f l � ` Q �LL-f'1' �: /' /: m� G �/ 1 G: �u+i:l �'.,,-� Y22�C ,�i'#..{-� - , yy.�,,;.� 1/y^�.,� /��.� �� ' ,,� ` . ,, � , � J.�z��/'Y . , � ,� �^,., -_ ' ,, � --� ii . %��.rY✓: �- Y � �- - - . . ' � . % '_ i </, :��1 � R��i�!.^.t� nf Fridlcv Cnnv�lesccnt Homc �. '�` �-� � f- i� :� , � ,; , i: '-C.,� /, • � 0 0 - , / .( ".t � '�. f _.`� �- . '- -�r y `_ `_ '� �i , ��.��ct l!4' "f:�?� %% :.sL ; r :� �'' ��K-ti �� I.i• , �:._:t. -J ✓� � � r . � -. _ ,,_ , �'r'�..�r..� �,,,,,. �..-.:. >�-Y .-_..c f �. rr � ,, r � � �u, -,. , _� , _ .''. � �y � � - _-_ . �i-• �%,, ..:.- � n 'hE, THJ: t?�rERSIGNEr� }►RE BfY!'!I RrSInE!dTS (1� F�Ini.F.Y, MI�Ji�F.S�1Tl► �1Nr 7 �� E�iPL0YFE5 OF FRIDLF.Y CONVALF.SrF`:T !'AMF'. hF. 11RF. i►ESPF.RA*£.LY IN tOF.T.� OF ADnI:'IONAL PARKING FOR E'fi'T:r1�'FF� � l►(�LU"1"'Ef.oS ANn FAMIT.IFS I�Nn voIEVrs OF Oi�R RESIDENTS. SIN(� WF FF.F.i, "'HT' P^r►POSAL F'OR '"f!F T1R?�'F4'A° T.nc'A"'�►1 THROUGH '"iii' REAR OF OUR PROPF'P'*�, BFIIINn THF �t�RRIN� fl�1MF, RAS �RTA'* POTE*l^.'ZAL FOR 11CCIDENTS� IS !!?)CiT MnRE COS^`T.� '"0 CON�TA�tf"" A`In !�?yTATy (ESPECIALLY IN THE WINTER WI'"i1 S!�'r1t•* PIANING) � 11Nn TAR*F 11t�A� TAR'^ �1r THF. Ot�T.Y PRIVATE Ot1T1)OOR 7�RJ'J� Ot1R RF.SIDFN'�'S AII��F, taF. 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SuaVEY FoR; 60RDON R� PETERSON . � �� I O ac w � �C' � M ♦ .� r � ,� �� , �' o , '' � �� V :-{ � Z � .i �, � i �E�Tt�ICA �: Or SURVEY � � �",�� , ;"'°v � LAND SURVEYORS �ic��s�d, ins�r�d i Bond�d • . � �I �.f %� • 'r . , K U / . -s ,- 1 11 �� .� ✓ �� r �l / . ��ti. r� 0 `► /'•3O' �, � � 8 e LEQA� DESCRIPTIOM: LOT 26 AND TME NORTM ZS FEET Of lOT 2S� BLOCK � A �6� PLYMOUTM INCLUDINO ALL OF TME ALLEY VIICATCD. � �JC MEREDY CERT 1 iY TM�T TN i S 1 S A TRUE AHD CORRECT REPnESENTIIT 1 On Of A SURVEY OF THE 80UNDARIES OF TNE LAND ABOVE DESCRIDED AND 0/ TItE I.00A1'ION OF ALl BUILDINGS� If ANY� THEREON� AND ALL VISIBLE � ENCRO/1CHMENtS� IF ANY� FRON OR ON SAID LAND� AS SURVEYED BY NS TMIi STN DAY OF DECE�BER� �9i4, House location — h ovember 2� 1976. �, . i . . , ' • .�-��--- MINN� REO. No. 564� . . . - �. r •'+ � � . �� - .�— - �J ''"'"".. ", 1 O.JJ — -u� s� � ~ • ��r SZ.� f S t �r .. � ' S'�tj'�l St�� c�. � � � . 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JAC KS O N unc suRV�oR R[G�fTtA[D UND[R LAWi OF iTATE OF YIMNt�pTA , L1C[MfED tV ORDINAMCE Of C1TY Of MINN�ArOLI• 361d EAST SSTM STREET PA. 4-s6e1 ' � CG` �C ' � ,� = �,Q � � �( �irurbcpoc's Crrtif�catc _ � _ -�- r ,� . t �� _� rJ�l !, � ... i �J C K � r i 0 :1; :3'. 9 :8 .{E 718 � ?+. 9 P. �;, „ .� v � � � /, � � �, � .` � w � � .' ' + l Af fuRVEvEO •r M[ TM�f _ � � " � Owv Of—_`�� ' •.D _-_ j'�''— — / S�GNED-- . r �� - � — F. C JAGKSON. M�w • R[G�sTRATwN. NC 360C 0 - � � � - -- ' � btivew►ay � h �y� ? e w � � � � js- - ., �. - — - - — -, � N �rl�e w�l c� / � � r � � . � 4ti � � T � � � � w � .3 �� Q� t�D � � (� THEODORE A. DAY 711 Marigold Terrace 10C�iGt i�s' 1 � t- �G'—� A t v � � � � �. � � � e- �o� -� c � � 1 P�� r� �a�� , 6�� -��._ V' l• i ie + � 'c n�. _, �I ��• �/� +��r r �. w � . ! j� ,e ; I'sw D 1� /4 d+i � �. Tli�a )t � • —�M. n.t�� 4� ��.,,`� ' '""' - 10RR 940 Pandora Drive . . �,_ , .. „�t i � �. w r�r N+�: �p- �� i �� . , �� b�� • \11��` �` 2 � 1� � j + � �• ��. �,.r'�wr . .. r''.� '� �� p,C.E, �`. �� e� �.i'I�� i�i• � ,:�''��.\0��108g • ��Z 3 r 4 ,, ��p� � � 2 u, ' �r P i .. wl•�v.:• • � �4S : ``'y�� `STC ��i? 'i �A�� ' !� s ; ` b .. ; 5 �� ; ` ,� r6'�O � b' - �lf� � � 6s�t 6�0 /� s 3 •I / M,� /!J N o � i�`\ ; �830 N'f ,i,,�_ �•t � ��.. ,so cst► be2o �� s , o t� w }� /t1_N �:.ss � , ��i i � t a ---- „�,s�s=,� . . .y ,� N. •L�. �'"'� � M.. _ . �'�T'� • Z/,/ • � 7/ N' �� y' w�� 'Ij 1� • ' 1 a �O= I '� _, J S; t i: l , t • � � � �� i �� :r �!9� �000 a i o � _� � ,... ,..�--T _ : � �! . � �oo�, ; . ,� s `s : s. s t • : ; Ft:�eJ, � : +• � x � ;, 'r t at� ►05 t l0 61 r !� „ . * �• . , + .... •; sT� AV. N E t: �,, , , � '�.. s.s s� sii I.as � - - \ + � �� V � '� � Y. = r• '_ � O � — - -- t. ' • ' `' � " �«o� ' " O ;. fi} ,. . � � � :. ,:,� _• �� •' �" fD � _ ' °� i� •w « . �` � � DONALD FRCOM --- ` �j(� � . '�1 � (� . . S7� �0 0 �j 4 an�or a�Ur�i' la►dP/ain�n� �' /��l�. . � , 11f7Af,J�ss��r►S`Nf J Lo�lSi.nry,� M�4v�v.4s 2/, � So�ts kst.� : � � � J � � ± : L � I � G � � i,� Ci. ,t�,�sofo Cn�►/ b ��x►,�apo/ A�4,ir. � �O.w � �u� . -- En ineers � Su� ve�/ors � � . 9 /� �. r : 1 ` . ��w�L tiY? ��fll�� V:�..�ra.L��V �yl� l�OP 1 �'1'`` 4!'1��v �� `�J �, ?i r �.�-: � ,% L r X f ,} � � . � � t�. ° .� • � `t'� . � � \ . '�.+✓ . . .� GJ � .� �� '` ; ,� . , �� a _ '` / / J�, . , � � � . .� . � �,! '-. ,'• G G,^ i ,ti/a� / • ' \ + / � t -// ° ` ` , ,� (..� ` � ��1 ' 1 / i�Q !'. / / . � � f �'�, � e ��Jr•� � t • , • ` � V� �� ' A ' ' �\ , M � ' ��c FC . /'. • ` '^ , � / � � �- - . . - � s ._ `; -� , � � �' 'QaCr,-,�� _ %' . . � ��_ i� � I . � i / ! y � �� ' ``� `- i, 1 i i / • •. � i. / � , �♦ !�1 a � ' �.,i ; �, .` - /� / �- — . � i � a% • / C • ',` �� `1�`� '` ��'� �� f�' �\ '.:. � . , \v �' /\� :: _ -' � • � ' � .� ` r•'— �� ' \ �� / � ♦ \ �' �L� - ' � I � �� : �' C -�...� _ `_ � • T ^ - - �,� • � �-��' �C� -_-t- . � ,_ �, �� v ' �.�, ,, ..,, —� �+•. .- •�,_� :.` � �., � � � - � . ;..►• .�. . _.� , , . . ._. _� r-. _ . �� . _,: . �` r t°_ � \ . /fi� e:Scf crrf: y 1;i.f Kis is olnic rns ecv��cf ��r�tsenfnf%vn ��'a xrvet/ ��',Ha! �✓n�Ori?S ;�'� oSar_ c(c��d ��s,c.;d o,r;�� I'ul.�cr cra;i ba�.'.��5 ,.�Strt:r, t';�o1� nfis'� C/�••lT�i T,C�)�S ,!�o y. �-r�n or a7 u��/�n� As scrrecf^d by m� /�G� -�., �' •�'•• -� A.Or9`�'. �+ . .`iUQ U <(!/1.�i E.�r�7/%v� ��:�iC7 , �i�C . / . Engincers � Sur►•�or. . �'J . ! ` _ - � - - � � - ----- ----- �� — — ----- ----- - -------- -- ._ - -- �- ---- - --- -- - -- - � � d c�noF F RI DLEY e••� _�_._ i�OY_ , iv��ECT 5/23/85 . OcAECTOa�sTE OF puB��c woRKs MEMOIaANOUM hn Floraz Public Works Direcl � Removal of "No Parking" Signs o �01 ` � ` ..� °.�o° �, �_ -_ , � �S� �_ to Nasim Qureshi, City Manaqer PW 85-137 .:,�o�,� o _� _ -r ---�. - - _-� He have received a petitioa frcm residents on 7th Street betWeen 61st and 63r'd requestiag the removal of the "Ko Parking" signs along that ae�ent of 7th Street. These signs had been installed upon the residents request when Commons Park served as the League ball fields. With the completion of Community Park, play is no longer acheduled at Commons and the large number of vehicles have therefore been eliminated. If the Council has no objections to the removal of these signs, I would recommend the petition be received at the June 3� �985 Council meeting and we be directed to take action to remove the requested signage. 3/6/2/1 JGF:jmo 11A CITY OF FRIDLEY PETITIUN COVER SHEET . Peci � io�� N,�. 6-1985 Date Received March 25, 1985 objecc Petition to have the Signs "No Parkinq 6-8 P.M. Mondav thru Thursday" removed from 61st to 63rd on 7th Street Northeast. Petition Checked By Date Percent Signing Referred to City Council Disposition To: The City of Fridley r Nasch 16,1987 µ'e the undersigned petition to have the signs "No Parking 6—$P�� Monday thru Thursday" removed from 61st to 63rd on 7th Street N.E. They maiie it very inconvenient for the home owners listed below and the problem has been relieved since the new athletic field �� was built on ?3rd & University. � \ 6110 7th Street � \ 6120 �� _ 6 � 30 �� „ 6140 �� 6 t 50 " �� b � 60 �� ► 6 � 70 �� 6 t 8G '� �� .E,�.�� -6��2- �� 62 t 0 �� 62zC " �� 6z3o �� 6z40 �� 6250 �� 6260 �� 6270 �� 6z8o �� « ' , 11B 12 � 0�' FRIILEY MEMORANDDl�I `, RO: NASIlK M. QURFSHI� QTY !lANAGER FIi�M: SID II�N, DIRDQ�OR OF (�NliiAi. SE�VI�•S SUB�TDCr: VCn1I� �UIPl+gNr nATE: l�,Y 30, 1985 We are in receipt of of two bids for the electronic voting equipnent. One from Thornber Election S�stens and one from EL Marketing. It should be pointed out that the EL Marketing bid is not acoeptable by the staff because it is not in oomgliance with the bid specif ications. 1. �he specifications require that all the four cities have TBM �T's and at the current time they do not have then. If the�• were requireci to purchase one, the total bid of EL Marketing would be larger than Thornber's bid. 2. R�e bid f ran II� Marketing was not accanpanied by f ive peroent of the quoted prioe in the form af cash c3eposit, oertified check or bid bonc3. 3. Rhe systen that operates on the �M �T is not certified by the State of Minnesota at the current time for elections. T'here is some aonjecture that it may be oertified in the inanediate near future. At the cuzrent time it is not certified, therefore, it is not authorized for elections. Zherefore, the staff reoa�r�ends the City Council accept and awar6 the bid frcm Thornber in the amount of $14,115.00 contingent on similar action by the other cities. As we have cliscussed with the O�uncil before, this is currently an �budgeted item in the election division and the money will be aocning f rom the Reserve Account. We will be ooming bef ore the �uncil, as we cb on a yearly basis, with a resolution authorizing this transfer. If you have any questions on this matter, please feel free to let me know. BCI:sh Attac�unent 3/0/�/28 f i I C ��O E r�o c � � E rp i . = L U = � � � � C L C � •'- �C •r L r W i Q }� r � � �O Y � cn O W � � �--� � i J tq N N 4 � O ch ro N � � ��.a._ _: �� . i� y J a a o z '� J f O m a� � Z W t1� � r r ►-y r F-f-: w d � r--� � � � ' _-' a W o � M �-+ � O 00 0 O � Y O N O � ►-� O 00 � O rn z � r- W W _J J ^ Q C.7 >^ 00 � Z W N �-+ �+ � p Z >- d N i OC Z f W � l� W � L V r F �O N O � p i � h � �v x L 1 �o i vm � � i � � L �+� o aw n- 1 O W 00 O 00 O O O � o = O O O O O O �-. C w�p � O O O O O O >' "" t— r- O O O O O O �-- m N M a O O O N c"') u'f U � N °i • � N �O C.7 Q a Z d W i �--� J C i QJ O W� W � C Q � � �C •r F- U C G� � O '" a Z V O C h- U C W e0 J � w c� c E O � cQ m i-+ +-� O -.- •� ►-+ r-� N CG v O � ai •r Q� lii LL � L G1 1� C .� L a � N QJ a io �ao vf NO �p N C � U � C C t!i VI t Vf O 1� �r- i-� •r- •r- 4� O Rf O +� V- C C c,.) V- •r- C ; ••- GJ G1 r'- � •r- p r e— '7 r � i-� � � W r-� r— Ql �--� .0 "� � r Y i"� i � 1 L �A GJ 7 D � ep tp C � CN� �OtO � .� ,+J LNSO J►t�t � � c�noF f RJ DI.�Y p�RECTOa�sTE 0 F pu��c woRKs M E M O R A N D UM O�TE � 5/30/85 iAOw /.RM John Floras Public Works Di ..._ _ � _�. tu��ECT a � Award of 1985 Sealcoating Project 0 Nasim Qureshi, Citv Manaqer o° �°� t.��.►p ._J �; � + �S� PW 85-149 •cT�o� �w o _� ' - r — — _._ -- ---, — - ---- On Tuesday, May 14s 1985 we opened bids for the I985 Seal-Coat Project. Three bids were received. Low bidder was Allied Blacktop Company, at $57,072.00. They have done good work for us in the past years. Recommend the Council receive the bids and award the 1985 Seal Coat Project to Allied Blacktop. JGF: jmo Enclosure BID OPENING - 11:�0 A��•1. TUESDAY, �AY 14, 19�5 1935-IO SEAL-COAT PROJECT PLANHOLDER BID BOND TOTAL BID Al l ied� Bl acktop Co. 10503 - 89th Avenue North Maple Grove, MN 55369 B�rber Construction Co. P.O. Box 5324 NoN�:ins, MN 55343 Bu`falo Qituminous Box 337 Buffalo, MN 55313 5% United Fire and Casuality 5% Reliance Ins. Co 5% United Pacific �57,072.00 $57,810.00 �59,040.00 13A � � I CITYOf f RI DLEY o�AEGTOiZATE 0 F pue��c woRKs MEMOF�AN�UM ��TE 5/30/85 ' i1i0 w /.► M John Flora, Public Works Director �v��ECT ' Mississippi Street Irrigation Project 0 o n°�, � .��-TOO .J -�_ - - � = y� PW 85-150 TO Nasim Qureshi, City Manaqer �: T t�l�' �Irc p — - ---� —�. � i On Thursday, May 23, 1985, at 11:00 a.m. in the Civic Center, we opened bids for the Mississippi Street Irrigation Project. Nine contractors were interested in the project. We received three bids. The low bidder was Albrecht Irrigation at $14,936.00. Recommend the Council receive the bids and award the Mississippi Street Irrigation Project to Albrecht Irrigation. JGF:jmo MISSISSIPPI STREET IRRIGATIO�� PROJECT BID OPEyIP1G: THURSDAY, MAY 23, 1935 AT 11:00 A.M. PIANHOLDER BO�D TOTAL BID atural 6reen'I�c. 1660 Arboretum Boulevard Chanhassen, MN 55317 idland Nursery 2425 Highway �55 Hamel, MN 55340 Custom Turf 298 Chester Street St. Paul, MN 55107 Mickman Brothers 14630 Highway N65 Anoka, Mt: 55304 !Turfmaster Jnc. 919 - 65th Lane Northwest Coon Rapids, Mr; 55434 Landscape Excavation Services Inc. 7420 Unity Avenue N Brooklyn Park, MN 55443 St. Croix Lawn 8 landscaping Co. P. 0. 6�.; :54 Stillwater, MN 55082 Albrecht Irrigation 1408 W. County Road C Roseville, MN 55113 First Impressions 2525 Nevada Avenue Golden Valley. MN 5K Wausau Ins. Sh State Surety Co. Check from Midway National � $ 16,463.00 NO BID NO 8I0 $ 18,850.00 NO BID NO BID NO BID � 14,936.00 NO BID 1 � � c�noF F RI DLEY e�TE 5/30/85 I� - � '.r._..._ � f �OY 1.RM John - �' iv��ECT pcAECTOaArE OF Pue��c woRKs MEMOFiANDUM Mississippi Street Landscaping Project TO Nasim Qureshi, Ci o° °o ..� °�o �_ �_ �S� PW 85-151 �:Tip� �w�p — - ----- na er - _..� _ _� _ -..r On Wednesday, May 22, 1985, in the Civic Center, we opened bids for the Mississippi Street Landscaping Project. Eleven contractors were interested in the project. Seven ' bids were received. The low bidder was Lino Lakes Landscaping with a bid of $28,974.74. Recommend the Council receive bids and award the contract to Lino Lakes Landscaping. JGF:jmo MI SS I SS I PP I STREET LAP�DSC.�P I t;G PROJECT B I D OPEN I��G : I�IEDyESD4Y, �t4Y 22, 1935 AT 11: 00 A, t1, PL�NHOLDER Natural 6reen Inc. 1600 Aboretuin Boulevard Chanhassen. MN 55317 Midland Nursery 2425 Highway #"55 Namel. MN 55340 MargoliS Bros. 1171 West Larpenteur Roseville. MN 55113 Landscape Excavation Services Inc. 7420 Unity Avnue N. Brooklyn Park, MN 55443 jNorthern landscape 1210 Oak Street Brainerd, MN 56401 Noffman and McNamara 2601 Glendale Road Hastings, MN 55033 Mickman Brothers 14630 Highway �65 Anoka , Mh 55304 First Impressions Contracting 2525 Nevada Golden Valley, MN Noble Nursery 8659 Central Avenue N.E. Blaine, MN 55434 Minnesota Ya11ey Landscaping 9700 West Bush Lake Road B1 oomi ngton, t�qV 55438 Lino lakes Landscaping 18400 Lexington Avenue Wyoming, MN 55092 BOND 5� Wausau Ins. 5% United Fire Casualty 5% Central National Ins. Company ,TOTAL BID � 39,657.98 No Bid � 36,035.90 $ 42,376.80 No Bid 5`: Great Amer. Insurance Co. b 36,514.60 No Bid No Bid 5� Dependable Ins. Co. $ 28,989.35 5% United Fire & Casualty $ 38,013.75 5% Capital Indemnity Ins. Co. S 28,974.74 �sA <� RF50LZ1TION N0. ----- - 1985 A RE50I,UTION AtPIHORIZIl� �iE CITY TO ENTER IN�O AGREEMENT WITH TAE CITY OF ST. PADL BOARD OF WATER �NIlK7SSIONII2.S (FIFl�i RID� i�EAS, the City Council desires permission to enter upon certain portions of the St. Paul Board's pranises to oonstruct, maintain and operate an 8 foot wide bit�uninous bicycle path; and WF�REAS, the path is to be constructed in the Board's Waterworks ric�t-of-way adjacent to Osborne Road between University Avenue (T.H.47) and 5th Street; and Wf�tE'.AS, the Ci ty Council f inds that the bi keway/wal kway i�r ovement s will be in the public interest, welfare and convenience to the peopl e of the City of Fridley. N7W �RE, BE IT RESOLVED, by the City Council of the City of FYidley, Minnesota as follaws: 1. Zhe City Council of the City of Fridl�y authorizes entering into the above mentioned agreenent. 2. Zhe Mayor and City Manager are hereby authorized to execute the agreanent praviding for the planned bicycle path. PASSID AND ADOPTID BY ZI-iE CITY OOUNCIL OF THE CITY OF FRIDLEY THIS I]�1Y OF , 1985. WILLIAM J. NEE - MAYOR ATTEST: SILNEY C. INMAN - CITY Q,ERK 3/6/1/7 16 � � � CITYOF' f R! DL.FY � O��E 5/30/85 OtAECTORATE OF PUBLIC WORKS e MEMORANDUM �AOr ��M ,l�hn Flo�� Pi�hlir Wo�kc �ir��r iut�ECT . Nasim Water Works Agreement !O i,Ci . o �a ..� �o i= �_ � PW 85-146 �: T �o� �w p — - --.-� -�� - ----�— When the County improved Osborne Road in 1983 they installed a bikeway/walkway system on the north side of the street throughout it's length in Spring lake Park. That portion of Osborne Road between Spring Lake Park and University Avenue was not completed. At recent public meetings, it was requested that the bikeway system be extended to University Avenue in Fridley. We have coordinated with the St. Paul Water Works to obtain an easement for the bikeway system over the water works lines. The attached agreement authorizes the City to place the bikeway system within their right-of-way between University Avenue and the Spring Lake Park border. Recommend the City Council authorize the mayor and you to execute this agreement. JGF:jmo � i r* O '� � �� I ( • _ ' � H Q d 4; m . ._.. t� —.�, � X. z ' �'` ,�`._ � ... + �- '� +.i� � - o� N , �' � � . � x a '- w � � � �� ` �� I � � :� � � • � �'�� i� � J, !� � � � �� .�- Q s � ti, O . : w � `�, �..�,ss_.�. _. �_. i �:� __...�r---- � �� N< —�r r � � w � :�-r''�\� S � ;� �� ' , ;•. � r � - � � � a_ -� --, � � . � `; . r, Z � �-r'or � ,. � N � L ��O N � , * � �� ' N � � � �` ` �D� �� , `. �.. Tj' : , •� 4� � _ — ' � �A� \ � . ,�' E�� _ � � � ►.�� ^ �� r , - -- 1 0 s� �► � � � � 1� ! � � `M w Q �� ±� '" "' w -" J'' � �' �}M� 3N 133b1S Hl� �► '" ''� . � �.. � �� \ ;\ -. _ w '�r .... � � ,,,,, � �� . � . " 'o � �^� '-� �.. �,,, ,� � J � r � � � m � � � � „ � _�r - r, � �� n e n" � � �� _ .�" - - '" , `� � r- ��r �� t � r � �� " 0 �. 1� �'H � I � � o` .0` � �� ^ M ! ! r• 0 � � r' 4, �� ` t Q -"�•!y !� ar � J ' �rt '�_ ��s �^�: � �)- lf� � O ri� �` p a}r ,r � 'r I'� r r rif .:�., i; . /� �� . . �r . .1} , �.w � . C , � 2. �7'�! i+ ^AC'�s s� � 3N 133a1S Hl � � r�• d `� � ` i � y . ` � �i . � � ` I � : �r 1 / � a f �; � � � 0 � � � � f Z ' �� ! r' � � I ,�� O� Ar�M'� /r�!�ro. � � � � �t o _ -_1r '�-�--r�--� �-t�-. � O' Z � . 1� a � 1 � . �' � � �tr Jw �� i Qy � 18f�:! � �-'� � O�! � - � (�1 � �� ~ � i'�� i • � � � r- r � Ir �r 'r �r'.��. �" '�+ �/i J'., �r ' r �r . ' � C � sr ` �� `� "�IaN--"" • • • � � - '" • � � -� � '-- --- � wr ► Y . '� _ : : � � � x� + ; �• ,; � � . � _ - - _ _ - . - — -4 +-��+Sa . -- . .... . . ;� . . . ................ ... . . . . . �y„�-_ _ . _..... .... _ . . �_ . ..._... �: . ..�_.�. _ ' .- �{�3 v , , /r�r.. • _ - -- . -- - 1 -- - � - �-�-� _ - �.:�r��.�'�, - — , ,_�-�-- _� - � '� r.sts � � s ... � t�f�§►�' )t)1� .M.i4 : � -�-- .�; � ��iaa ., ,_ `,.. - ; t ` • %� .. �'' I _ �•r «�` 'y ��!� �' w/�!� !� l�, � \� � A �\_ � ••" N �� OV .. � �/ � _��.� wri.�► �na��i w * -�. � � /\ \ t n° o�; $��.", `'�I �r r' r .., � .., 17 RESOLUTION N0. RESOLUTION DETERMINING THE NECESSITY FOR AND . AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN WHEREAS, the City of Fridley should reroute and construct a City Street; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU�CIL OF FRIDLEY, MINNESOTA AS FOLLOWS: l. That acquisition by the City of the following described property is necessary for the purpose of rerouting and constructing a new service drive over the following property: PARCEL 1 All that part of the following parcel of real estate lying within the West half of the Southwest Quarter, Section 23, Township 30, Range 24, Anoka County, Minnesota: That part of the Southwest 1i4 of Section 23, Township 30, Range 24, Anoka County, Minnesota described as follows: Beginning at the Northwest corner of Lot 30, Block 4, Hamilton's Addition to Mechanicsville; thence on an assumed bearing of N 89°35'00"W, along the Westerly extension of the North line of said Block, 54.00 feet; thence on a bearing of South, parallel with the West line of said Block, 102.04 feet; thence Southerly on a nontangential curve concave to the East for a distance of 55.55 feet to the Westerly extension of the South line of Lot 27, said, Block, said curve has a radius of 734.29 feet and chord bearing of S 2°28'08"E; thence S� 44'00"E, along said extension, to the west line of said Block; thence on a bearing of North, along said West line, to the point of beginning. PARCEL 2 That part of the Southwest 1/4 of Section 23, Township 30, Range 24 and that part of Block 4, Hamilton's Addition to Mechanicsville, all being in Anoka County, Minnesota, described as follows: Beginning at the Northwest corner of Lot 26, said Block 4; thence on an assumed bearing of N 89°44'00"W, along the Westerly extension of the North line of said Lot 26, a distance of 51.61 feet; thence Southeasterly on a nontangential curve concave to the Northeast for a distance of 121.09 feet to the Westerly extension of the South line of said Lot 24, said Block 4, said curve has a radius of 734.29 feet and chord bearing of S 9°21'23"E; thence S 89°44'd0"E, along said extension of Lot 24, a distance of 3.01 feet; thence Northeasterly on a nontangential curve concave to the Southeast for a distance of 97.01 feet to the Easterly right of way line of State Highway No. 47, radius of said curve is 145.00 feet and chord bearing is N 18°19'36"E; thence Northerly, along said right of way line, to the point of beginning. 2. That the Fridley City Attorney is authorized and directed on behalf of the City to acquire full title to the real estate described above by the exercise of the power of eminent domain pursuant to Minnesota Statutes, Chapter 117, and is specifically authorized to notify�the owners of intent to take possession pursuant to M.S.A. Section 117.042. 3. That the City Attorney is further authorized to take all actions necessary and desirable to carry out the purposes of this Resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3RD DAY OF JUNE, 1985. ATTEST: MAYOR � CITY CLERK 17A � � L C�TYOf f RI DLEY ��T� 5/23/85 �__ — - -- �AOY�.►� John iv��ECT � � �-- OtAECTQRA?E OF Pue�.�c woRKs MEMOFiANDUM Flora, Public Works Director Superamerica - 57th and University Ave. - •'o° � ��o�o :J° �_ - - �-- -_ �S� �_ PW 85-139 !O _ � _ _ Nasim Qureshi, City Manager � � �:��p� �wrp �� r -�.�� --�. -- - --- I bave received a reQueat from Supertmerica to iaitiate the proceeding� for a Quiet title to LLe eziatiag trontage road soutb of 57tl� alot�g Uaiversity Avenue� and apprcval of SUF �77-77 for a aervice station� construction of the loopback road and iaauance of a Duilding permit for the SuperAmerica aervice atation. The City Attorney ia prepariag tDe necessary doe�enta for Council action for the quiet title to be Sncluded on the June 3� 1985 Couneil meeting. Ualea� the Council feel� othenri�e� no future actioa is aecessary regarding the SUP for tGe servioe atation. Based upon this reQue�t re x111 initiate preliminary de sign for the loopback road a� a CGange Order Lo our 1985-1 Street ProJect in erder to ezpedite construction thi� year upoa receipt of tinal documentation. Upon starr revieW of tbe plan� for tne service atation� we ahould be aDle to ia�ue e DuSlding permit for con�truction tor everything except that xhich is under coatention, �hich rould De the atorage tanks and drivevay associated rith tbe Quiet title action. Thi� work could be completed once tDe title has Deen cleared. If any► of the propoaed actions are not appropriate, please let me know so that ve can proceed appropriately. JGF:�mo &�closure ae: Sid Inmaa C� cc: !lark BurcD 0 � L oe: Darrel Clark � �� 3/6/2/6 E. LOUIS SCHUETTE �. o. sox s�ti COLUM6U5. INOIANA 47Z0� e12-372-1126 May 22, 1985 Mr. John F 1 ora D�rector of Public Works City of Fridley Fridley, MN 55432 Subject: SuperAmerica Store #�4175 5667 ltniversity Avenue Fridley, Minnesota pear John: Confirming our conversation of Monday the 20th at which time I advised you that we have reached an agreement with John Pomerville on the exchange of various parcels of ground at the above subject location. In light of this agreement, please proceed with the following: 1. The legal proceedings to quiet title to the existing frontage road that will be returned to us and Wallace Smedke and John Pomerville. SuperAmerica had previously agreed to reimburse the City the cost of these proceedings. 2. Reinstate special use permit #77-17 that was executed in October, 1982, per the site plan attached. 3. Initiate the praposed new loopback road. This is being requested by SuperAmerica as well as John Pomerville and Wallace Smedke and 100� of the adjacent property owners and is being paid for by SuperAmerica. 4. Direct that a building permit be issued to SuperAmerica upon the submission of complete plans for review and approval. In the near future we will be submitting a contract between us and Wallace Smedke and John Pomerville for the exchange of the various parcels involved in this project. This document will include Smedke's and Pomerville`s request far tfie ioopback road construction. Yours truly, SUPERAMERICA . � ✓ `, �� E. L. Schuette SUPERAMERICA, Division of Ashland Oil, Inc. ELS/e att 17C � � .:. ;� , i � 7 ! � -i i 3 ;.. ' /. . � . � . . � � f , �./ ❑ 0 City of Fridley ' ' SUPERAMERIGA... �' � Yacation • � � 17D IQA �79-Q2 . , , . �''j• _ ----- - --� ,=---. .�7''' jjV�.y -----�_ - _ ' ' r � �. w r:'w'r .%.'Sa .ir 7 n:ul J u. L_ �__ _ sw's#•� . . . . _ • . . � � ► -- • � - - -�• - •- 4` - -•-- .� .� � � ��: �+ T y � � � �• vr1 �' • � ` � � � � v ' � - O, � V . ;�=1 �� ; t . :� ; :=% �' __- �. I � � � • 1 i�'` I � \ �c ' :•. : �� \ ` � � \ �� `� i� � , � \ � \ \ \' \ .. \ I �--- - — - � ° � .. : ��, � � �` t , �.� i: ; x =!—� -- : _ �\,� `'ii�� Y�I � ..,`� � � ; . . , � `�'�� /`\� ` '` . � � -� - � ��- -- � �-'--- .`;� ' , �\�� ` , I r • �� \r,«�: � '�"" . \ �� \ �� . �� c.� •,,, .�\ - � I 6 �'•� ``;%\• ` .�1; . �, �� \„/� � ♦ \ �. � �T`.. �� ' � � .'`. i:.�1 � _ '��.�� • �'/, .� •/f:��tw� I i i .� , ��C�� , � �' - '"" Gr.{!'" I I �• /.-� •�� ,•„ � .� ( ti � � f + ---� �--- — -- I I J =� � � s .� s� �?J ✓ ! � - — y . . � � � •� � I =. ' (\) � — '-� — � – =.r .� I1� ._ . .. � •y � I � l/ I 1 � I . 1 } �; • � � , -" � � - -�-- •-�-- .� ( I ---• — 1 j � . � ( I I i �• V V ' ' • ' :' ' i % � � ••�.Z� I � ► � • {I � I I / ' �\ ' . � �� •�� ._... . . . t . i I' i � � ' t � 1 � � •' � 1 ! . . ; 1 I f %% � � . I ' 1 _ � � . . . I i � i �� .�� • i � I ♦� �=�` �• . � � n'.� � . •• - . . . � �I FOR CONCURRENCE BY THE CITY COUNCIL -- ESTIMATES 18 ' � Jt�E 3, 1985 � Sbor t II 1 iott-Aendri ckson ' 222 East Little C�nada Road St. Fg �' . M� 55117 � ., . 1C -Zi,tin Driv�In Proj ect Aar� �1 Estimate - ?nvoioe 4294 . . . . . . . $ 904.74 Herrick & Ne�m►an, P. A. 6279 University Avenue N. E. FYicIl�, MJ 55432 I�r Serviaes Rendered Fbr l�bnth o�f April by aty Attorr�ey. . . . . . . . . . . $ s,olo.75 HERRIGK & NEWMAN, P.A. �no��crs �T uw VII�OIL C. MERRICK OAVIO r. N(WYAN JAYif [.fCMM[CK�E►ER VCH May 20, 1985 . City of Fridley Civic Center 6431 University Avenue Northeast Fridley, MN 55432 April Retainer: HOliRS IN EXCESS OF 30 AT $50.00 PER HOUR: EXPENSES ADVANCED: Metro Legal Services re Massage Parlor: 135 xerox copies: BALANCE DUE: il71 UNIVlRS�T� AVENUE N.E FRIDLEV. MINNESOTA SSa32 571-3050 $1650.00 1287.50 53.00 20.25 $3010.75 18A �� FOR CONCURRENCE BY THE CITY COUNCIL Ci�11Y1S �2657 - �2929 -- CLAIMS 19 �; t. FOR CONCURRENCE 8Y THE CITY COUNCIL -- LICENSES June 3, 1985 T�pe of L i cense : AUCTIOMEERS A 1 Auction Service 6840 Sunset Ave. Fridley, Mn. 55432 BILLIARDS Duds N Suds 7923 University Ave.N.E Fridley, P1n. 55432 CIGARETTE Ground Round 5277 Central Ave.N.E. Fridley, t�1n. 55432 FOOD ESTABLISHP1ENT Duds N Suds 7928 University Ave.�J.E. Fridley, Mn. 55432 ON SALE BEER Duds td Suds 792a University Ave.tJ.E. Fridley, Mn. 55432 TEMPORARY ON SALE BEER Fridley VFW Post 363 1040 Osborne Rd. N.E. Fridley, ��In. 55432 PRIVATE GAS PUt�1P Fridley Terrace Inc. 7400 Hwy.65 Fridley, Mn. 55432 STREET VENDIPJG B.Glommen Sno Kones Inc. 1048 - 87th Ave.N.E. Fridley, Mn. 55432 � Vernon Swanson Northern Lights Inc. . DVM Inc. Northern L�ights Approved By: James P. Hill Public Safety Director James P. Hill Publ�ic Safety Director James P.Hill Public Safety Director Fees: �20.00 $40.00 $12.00 �45.00 20 tJorthern Lights James P. Hill �325.00 Publ�ic Safety Director Les Orton James P. Hill asking fees Public Safety to be waived Director Gerald E. Toberman Brent Glommen Richard Larson Fire Inspector James P. Hill Public Safety Director $30.00 $50.00