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PL 08/24/1983 - 6821PLANNING COhT1ISSI0N MEETING CALL TO ORDER: ROLL CALL: City of Fridley AGENDA WEDNESDAY, AUGUST 24, 1983 APPROVE PLANNING COMMISSION MINUTES: AUGUST 10, 1983 1 2 PUBLIC HEARING: RE UEST FOR A SPECIAL USE PERMIT, SP q83-06, UNITED STORES: Per Section 205.101, 6 e, N, of the Fridley City Code, to allow retail sales in the open and not under cover of a display salesroan, on Lot 3, Slock 1, Target Addition, the same 6eing 785 53rd Avenue N.E. PUBIC HEARING: RE UEST FOR A SPECIAL USf PERMIT SP #83-07, STANDARD OIL STATION: Qer Section 205.131 A, 3 A, of the Fridley City Code, to allow the installation of a car wash facility in an existing bay, located on Lot l, Block 1, Laro- pert's Addition, the same being 7680 Highway �65 N.E. 3. PUBLIC HEARIN6: RE UEST FOR A SPECIAL USE PERMIT, SN #tti3-U B4 TIMCO CONSTRUCTION: Per Section 205.071, 3, (F , of the Fridley City Code, to allow the construction of a 80 ft. by 204 ft. (43,854 Sq. Ft.) expa�sion of an existing clinic in R-1 Zoning, located on Parcel 2400, in the North Half of Section 11, the same being 500 Osborne Road N.E. 4. CONSIDERATION OF A RESOLUTION OF THE PLANNNIN6 COMMISSION � on No. 1 - 6. RECEIVE PARKS & RECREATION COMMISSION MINUTES: JULY 25, 1983 7. RECEIYE ENERGY COtR4ISSI0N MIMl1TES: AUGUST 2, 1983 7:30 P.M. PAGES 1-6 7-11 12 - 17 18 - 22 SEPARATE SEPARATE 6REE�J ORCHID 8. RECEIVE NUMAN RESOURCES COMMISSION MINUTfS: AUGUST 4, 1983 SALMOPd 9. RECEIVE COMMUNITY DEYELOPMENT COMMISSI PINK A6EN DA Planning Comnission Meeting August 24, 1983 Page 2 00. RECEIVE APPEALS COPiMISSION MINUTES: AUGUST l6, 1983 YELLOW (at meeting) Item #6 went to City Council on August 22nd ADJOURNMENT: CITY OF FRIDLEY PLANNING COt�AIISSION MEETIN6, AUGUST L0, 1983 CALL TO ORDER: Chairperson Virginia Schnabel called the August 10, 1983, Planning Co�mnission Meeting to order at 7:45 p. m. ROLL CALL: Members Present: Ms. Schnabel, Mr. Oquis[, Mr. Kondrick, Ms. Gabel Members Absen[: Mr. Goodspeed, Mr. Saba, Pk. Svanda Others Present: Jerrold Soardman, City Planner Bill Deblon, Associate Planner Kay Kunkel, Legal Intern ApPROVAL OF JULY 27. 1983. PLANfiING COt�ffSSION MINUTES: I�TION BY Pfft, KONDRICK, SECONDED BY t�&t, OQUIST, TO APpROVE THE JULY 27, 1983, PLANNING COI�4ff SSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNP.NIMOUSLY, 1. VACATION REQUEST, SAV �k83-03. BY TIMCO CONSTRUCTION: Vacate a utility easement on all that part of 76th Avenue N. E., located in Osborne Menor Second Additio❑ lying East of the East line of Sth Street N. E., (76th Avenue N. E. vacated by Ordinance �k588), to allow the expansion of the clinic at 5�0 Osborne Road N. E. t�h. Soardman stated in order to construct �.n addition to this building, it will be ❑ecessary to expand across an existing righ[-of-way and utility ease- ment. He stated the right-of-way is not being used for sti�et pur�oses so s[aff has no problem with this request. However, it will be necessary to relocate existing utilities and rededicate easement. Ns. Boardman stated the agenda contains a drawing showing where they intend to relocate the utility lines and rededicate a u[ility easement. He stated the request is for the total vacation of the public right-of-way, but to retain an easement for utilities. Ms. Schnabel asked if the utility companies had been contacted. Mr, Boardman atated the developer has talked to the utility companies and rerouting wi11 be done at the developer's expense. AfDTION BY I�&t, KONDRICK, SECONDED BY t�S, CABEL, TO RECQMMEND AppROVAL OF VACATION REQUEST, SAV #83-03, BY TIi�CO CONSTRUCTION TO VACATE A UTILITY EASEMENT TO ALLOW EXPANSION OF A CLINIC AT 500 OSBORNE ROAD N, E. AND, ALONG WITH THIS REQUEST, TO MAKE CERTAIN ALL UTILITY COMPANIES INVOLVED HAVE BEEN NOTIFIED, FURTHER, THE PUBLIC RIGHT-OF-WAY WILL BE VACATED Alv'D A NEW EASEMENT PROVIDED FOR DRAINAGE AND UTILTTIES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY, PLANNING COPII4ISSION MEETING AUG[TST LO 1983 PAGE 2 2. CONSIDERATION OF RIGHT-OF-WAY TURNBACK TO AFFECTED PROPERTY OWNERS; I�h. Boardman sta[ed a number of partial parcels have been released by the stat� and quit clained to the City. Mc, Boardman stated this matter doesn't really require action by the Planning Co�ission, bUt staff wanted it brought to their atteotion in order to obtain their input regarding release of these excess properties. Mr, Boardroan stated i[ is the intent of the Ci[y to deed back to the pro- perty owners those properties which the City doesn't need. He stated the Commission must determine if this is the direction in which to oroceed and if it is consistent with the Comprehensive Plan. Mr. Kondrick asked if there is enough land for any future expansion of I-694 so it wouldn't be necessary to again acquire land for right-of-way. Mr. Boardman stated the freeway will eventually be expanded between Inter- state 35 and the Mississippi River bridge, however, there is sufficient land for this expansion. 2�h. Boardman stated it has been the City's policy to vacate property they don`t need and deed it back to the property owner. Ms. Gabel asked if these excess properties would be sold or turned back to the Qroperty owners. Mr. Boardman stated he was not sure how it would be handled, but probably would be deeded back to the owners. Ms. Schnabel stated in Mr. Newman's memo to Mr. Moravetz regarding these properties, he suggests the purchase agreement should require the buyer to prnvide a survey of the property prior [o closing. Ms. Schnabel questioned why the buyer would have to furnish this information. Ms. Schnabel stated she personally objects to this requirement as she didn't feel it was the proper role of the buyer to obtain a survey of the property. Ms. Schnabel stated Mr. Newman's meesro also pointed out [hat establishing a policy at this time would only handicap the City in attempting to get the meximum pzice. She stated she has interpreted this to mean they shouldn't set a price. Mr. Boardman stated P7. Newman is saying the City shouid put the properties up for sale to see what price they can get and whether the Council wishes to proceed i❑ this dfzection, he didn't know at this time. Mr, Boardman stated, in some cases, it might be worthwhile to sell the nro- perty; however, in other cases, the prooerty prohably wouldn't sell. PLANNING COhAIISSION MEETING AUGUST 10 1983 PAGE 3 Ms. GabCl stated the Cort�ission recently had a request for variances where this [ype of right-of-way was involved and, if the property had been turned back to the property owner, [he variances wouldn't have been neces- sary. Mr. Oquist asked how this whole matter relates to the Comprehensive P1an. Mr. Boardman stated there is no specific statement in the Comprehensive Plan regarding this type of property, but statements to the effect of making the maximum use of tand, whenever possible, and turning back excess property probably falls within this content. MOTION BY MR, OQUIST, SECONDED BY M[t, KONDRICK, TO CONCUR WITH THE PHILOSOPHY OF TURNING BACK EXCESS PROPERTY AS IT IS CONSISTENT WITH THE INTENT OF THE COMPREHENSI�E PLAN; HOWEVER, THE COh4IISSI0N DOES TAKE EXCEPTION TO ITEM 3 IN Pfft. NEWMAN'S MEMO WHICH WOULDS➢GGES�. THE BUYER TO PROVIDE A SURVEY OF THE PROPERTY. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANII'�USLY, 3. I�fr. Deblon stated this proposed ordinance deals with a11 animals in the City and would replace Chapters 301, 302 and 303 which now cover "Livestock Control", "Animal Control", and "Wild Animals and Birds". I�k, Oquis[ felt there was no reason to allow livestoc�c in the City as there is no logical plece to keeu them. Ntr. Deblon stated all existing livestoc'< in the City could come under a grandfather clause. He stated, in some cases, persons keep goats because the goat's milk is needed. Mr. Oquist also questioned if rabbits should be put in the category of livestock. Ms, Gabel stated she would agree they shouldn'L License Livestock such as cows or horses in the City. Ms. Schnabel asked if the Humane Society has certain size requirements for keeping livestock, and felt this should be checked. She stated there may no[ be any parcels of land in the City large enough to accommodate cows and horses. Mr. Kondrick felt co�non sense should dictate that certain animals shouldn`t be allowed in the City. PLANNING COP4ffSSI0N t�ETING AUQIST 10 1983 PAGE 4 Mr. Soardman stated certain setbacks have to be met in order to keep livestock, therefore, the size of the lot would control wha[ a person can or cannot do with regard to livestock. He stated the question is if they want [o eliminate Livestock from the ozdinance and then make a determination on how to cLassify rabbits and goats. Mr. Oquiat stated, by definition, a rabbit is really a rodent, and no[ livestock. Ms. Kay Kunkel, the Legal Intern, then reviewed the proposed ordinance witti the PlBnning Coirtnission members, and the following changes were noted: Section LO1.01, Defini[ions - A definition of "Birds" a�d "'Jon�stic Pets" was added. The definition of "Domestic Pets" is as follows: "Any of various animals kept for pleasure rather than utility." Under Item 6, "Cruelty or Torture," the word "both" was changed to "dzath" Mr. Oquist stated the kennel definition refers to cats and dogs and ques- tioned whether rabbits should be included or if it should be limited to cats and dngs. Ms. Kunkel stated if there is a livestoc'c category and rabbits are left in this category, the kennel defi�ition should probably say three or more animals. Mr. Oquist stated kennels are allowed in an ind�strial zone and questioned if there should be a cross-reference in Chapter 205 regarding the kennel license. Mr. Oquist also s[ated he felt the definition of 'cennels should 6e the same in both ordinances in order to be consistent. Ms. Kunkel stated, under Section 1D1.01, a definition of "Rodents" and "Wild Animals" was included. Ms. Schnabel asked about reptiles, hampsters and gerbils and if these animals would come under the definition of "Domestic Pets". Ms. Kunkel felt they would be classified as a domestic pet. Section ZO1 03. Lives[ock Cont�,t - Mr. Debion stated additional verbage was added in order to clarify the license procedure. Section 101�_04�Dog gontrbl - This should be pvt uader [he Animal_�Nuisance section as 2tem 9. ,Under Itefi 6, �he words "dog or cat" were changed to "animal". Section 101.06, DoR Rey,istration - This section should be moved so it follows Section 101.03, Livestock Conttol. Ms. Kunkel stated, under Section 101.06 (2), the wording may have to be changed to allow people to register their dog if they are getting a vaccination within six months. Ms, Gabel suggested staff work on this section because, in her case, she is unable to obtain a license for her dog 6ecause it is suppose to be vaccinated every two years. She stated the ordinance provides a dog has to be vaccin- ated in order to obtain a license which is issued on a yearly basis. PLANNTNG COMMISSION MEETING AUGfJST 10 1983 PAGE 5 Under Section 101.D6, 2(S) - This should read as follows: "It shall be unlaw£ul to counterfeit a dog tag or remove a tag for any purpose." Sectipn 101.08, Exemptions - Change the reference to Section 101.06 to Sectian 101.04. Section 101.10, Impounding - I[em 2(B) - Begin this section with the words, TThe owner of the impounded animal shall pay"� etc. Item 2(C) - Line 3- Add the words, "insure the vaccination of" after the word "shall". Item 2(D) - Begin this section with the words, "The owner of the im�ounded animal shall also pay the" end change the word "confined" in the second line to "impounded". Section 101.11, Animal Bites, Quarankine - Item 1, �ine 1- Add the words, "bitten or" af[er "person" and change the word "bit" to '4aho has been bitten". Item 2, Line 4- This should be renumbered to become Item 3 which shall begin as follows: "The quarantine required by Section 2 above sha11", etc. Item 3- Renumber as Item 4. �,g�[}y n 101.12. Vicious Animals - Line 3- Substitute the word "may" for "shall"; after the word "two", add "or more biting occurrences" instead of the word "bites"; eliminate the words, "except those occurring in defense of the o�rner or the owner's proper[y"; change the word "human" to "humane" in the last sentence. Section 101.14, Mizzling - Line 2- Add the words, "and welfare" after the word "safety�— Section 101.15 Kennels - Item 2(D) - Change the words, "dog runs" to "run areas' and after [he word, "dogs", add "and/or cats". Under Item 2(E) - In the first line, after the word "dogs" add "and/or cats". Under Item 6 of Section LO1.15, add the word "after" af[er the word "days" on the sixth line, and on the seventh line, add the words "have the opportunity to" after the word "shall". Section 101.18 Seeing Eye Dogs - Add the word, "transit" before the word "veh- icle on the second line; ad t e word "owner" after the word "rhe" on the fourth lin@; and add the words "or other employee" after the word "overator" on [he fourth line. Ph�. Kondrick stated he would recommend including a section on clean-un of animal excrement under the Animal Nuisance section o£ this ordinance. He also questioned if they should reco�mnend fines. Mr. Boardman stated staff would chec'� into this further to see how it is handled in Minneapolis. PLANNING COMMISSION MEETING AUGUST 10 1983 pAGE 6 MOTION BY MR, OQ[iI9T, SECONDED SY Mft, KONDRICK TO CONTINUE THIS ITEM TO THE NEXT MEETING FOR SUBMISSION OF A FINAL DRAFT, UPON A VOICE VOTE, ALL VOTIN� AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIIiIUSLY, 4. RECEIVE HOUSING & REDEVELOPMENT AU'IHORITY MINUTES: JUI,Y 14 1983• I�YYfZON BY MR, OQUIST, SECONDED BY Mlt, KONDRICK TO RECEIVE THE MINU'i'ES OF THE HOUSING & RIDEVELOPMENT AUTHORITY MEETING OF .NLY 14, 1983. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECIARED THE MOTION CARRIED UNANII�(IUSLY, 5. RECEIVE HOUSING & REDEVELOPMENT AUTHORITY MINUTES: SPECIAL MEETING OF JULY 21. 1983: MOTION BY MR, DQUIST, SECONDED BY MR, KONDRICK TO RECEIVE THE MLNllTES OF THE SPECIAL MEETING OF THE HOUSING & REDEVELOPMENT AUTHORITY OF JULY 21, 1983. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE hYlTION CARRIED UNANIMOUSLY, 6. RECEI�IE ENVIRONMENTAL QUALITY COhAff SSION MINUTES: JUT.Y 19, 1983: MOTION BY MR, KONDRICK, SECONDED BY MR, OQUIST TO RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY COMMLLSSION MEETING OF JULY 19, 1953. UPON A VOICE VOTE, ALL VOTING AYE, CHA7IZPERSON SCHNABEL DECIARED THE M(TTION CARRIED UNANI2�i1USLY. Mr. Deblon statecl in regard to the Environmental Quality Commission's motion regarding the payment to SORT, the concept was approved, but a bill was never submitted. Mr. Boardman stated no further action on this motion would be necessary by the Planning Co�nission since they have already concurred with the minutes. AD,TOURL'.MENf • M(YlION BY M[t, KONDRICK, SECONDED BY MR, OQUIST TO ADJOURN TNE MEETING, UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DEC7�IRED THE AUGUST 10, 1983 PLANNING COMtffSSION MEETING ADJOURNED AT 9:47 P. M. Respectfully submitted, Carole Raddad Recording Secretary PUBLIC HEARING BEFORE THE PLANNINr, COMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Comnission of the City of Fridley in the City Hall at b431 University Avenue Northeast on Wednesday, August 24, 1983 in the Council Chamber at 7:3D P.M, for the purpose of: Consideration of a Request for a Special Use Permit, SP �;d3-06, by United Stores, per Section 205.101 (B), 3(N), of the Fridley City Code, to allow retain sales having merchandise in the open and not under cover of a display salesroom, on Lot 3, Block 1, Target Addition. Generally located at 785 53rd Avenue N.E. Any and e�1 persons desiring to be heard shall be given an opportunity at the above stated time and place. YIRGINIA SCHNABEL CHAIRWOMAN PLANNING COMMISSION Publish: Au9ust 10, 1983 August 17, 1983 7 SP li83-06 United Stores 785 53rd Ave. N.E. Fridley, MN 55432 Target Stores 753 53rd Ave. N.E. Fridley, MN 55432 Menard Cashway Lumber 5351 Central Ave. N.E. Fridley, MN 55432 MAILING LIST 785 53rd Ave. Planning Commission 8/9/83 Q Petroleum Corp. 8148 Pillsbury Ave. S. Mpls., MN 55420 Q Petroleum Corp. 5300 Central Ave. N.E. Fridley, MN 55421 Chet Nerringer 4121 Stinson Blvd. N.E. Mpls., MN 55421 f� � �. . »�;°r.F �• CITY t1P FA10LH11, sas� uiwveasarr Ava- i rwio�r,v. +u�. asa3e ie• � ,� �1'��w3�'�a%t '��^ "�FC'.w"k9js�7fM 3'K. _ .. ��tC 4w't � ?� '" r w *,�w � ; . 4k- r '{ I��w� `, �: ;- : � SUBdECT ->� � � � ,, `� -�`. •�n t �: SPECIAI. USE PERMI7 � s�.asao ---- '� sP r 3- O6 �# . � � �� IDARESS '��✓'r •` 7�.�� 7'fuf2/ ' 1�.� -' '�11TE ' :; r'�'".»n�.r.... , ... � � � _ . .. . . . : . , . .�"' S�. :. - .. PL�IIMIIN6 �OFHISSION: �.N. OJ17'E �3-y i3 lIPPROVED ` #lISAPDROYED ;�,*a '� ' DATE . MO v � r�. ..; ', i �iTr COlA1CIL: � '` ' P.N. -REQ'D ; ° � ' OAI'E ' � /z,�P3 NO C11''f COUIICIL: APPROYED_ DISAPPi�VED DATE 1'ro STIPULJITIOHS: � . NAF� l/MiT� D $��`O,�tS � fEE Z vU RECEIP7 NO �OO.S STREET LOCATION Of PROPERTY 78 5�� r� /7'� �vGr LEGAL DESCRIPTION Of PROPERTY � 0� .3 SLoGK I ?�,P(o C T �4Q D i�i c nl � PRESENT ZONING CLASSIFICATION C�:2'�EXISTIN6 IISE OF PROPERTY /�e�%I _ � ACREA6E OF PROPERTY � DESCRIBE BRIEFLY TNE PROPOSED TYPE OF USE AND ,,, IMPROYEMENT . . . .. � �� Has the present applican revi variance or special use pe it %" khat aas requested nd wh�?� � rlOZe�• a� ue l.C�./ �— to rezone, plat, oDtain a lot sp1 The undersigned undersWnds that: (a) A list of all residents and owners of property within 300 feet must be attached to ttiis appiication. (bj This application must be signed by all owners of the pmperty, or an exptanation given why this is not the case, {c} Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of atl residents and property owners of property in question, belongs to the undersigned. - 1� sketch of prnposed property and structure must�be drawn and attached, showing the fo'�ioring: 1. North direction. 2. Location of proposed structure on the lot. 3t,b,�0imensions of property, proposed structure, and front and side setbacks. '♦.: 3freet names. 5. Location and use of adjacent existing buia�ings (vrithin�300 feet�. �; , . :., . . .. The undersigned hereby declares t�at att the facts and representatfions stated in this appticati n are true and correct.. . OATE . �� d � SI6NATt1R� __� PPLI T . � .r:' '' : "� , AODRESS �� v�'l- � /�► � TELEPk�NE NO S %2'LYi.�% :;, f < ,� �� 1' �( = • d1 . � I ' �AI�I � � w1 x 4 3u � � \ / / i t" 3 t,` :'! � : ;,,�n±�� i1 �• I I;� �, !�� i � � ^ r � _ � M r � a .� �. t � �� J � �Z � �Yr a`�$ L� . O1 � � v I' �! 2 -�. sp�83-06 United Stores 0 1�. , <��Jn � I `3 � � / I �7 V I �/ � // � \ Q , %� ~ ¢ i �,-� y� ¢ tiAz � •,.. . . , ,� _.�I�1�,� 1�-I � � r � <<� , ► � � � ► i ..��- � �� i �ji i. k � �, �_,- � � I � �" \ I � ,�� i i.� ° ��-� � � � ; i � � ~ I , � 1 �� O` 1/ � V f i"� � � � � � ! � ' X �' ` � �� i .� s �. `�j h j p '� � / ! 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SUBOIV1SiON r,-� 9 � � _ ;,�,.�, � �.,:y. � i �A1 r► • s i�,�-- --T --- PUBIIC HEARIN6 BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Comnission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, August 24, 1983 in the Council Chamber at 7:30 P.M, for the purpose of: Consideration of a Request for a Special Use Permit, SP #83-07, by Richard K. Petschen, for Standard Oil, per Section 205.031, A, 3, {A}, of the Fridley City Code, to allow the installation of a car wash facility in an existing bay of a service station located on Lot 1, Block 1, Lampert's Addition, the same being 7680 Highway #65 N.E. Any and a>> perso�s desiri�g to be heard shall be given an oQportunity at the above stated time and place. VIRGINIA SCHNABEL CHAIRWOMAN DLANNING COMMISSION Publish: August 10, 1983 August 17, 1983 12 SP #$3-07 Lampert Lumber Company 7600 Hwy. 65 N.E. Fridley, MN 55432 Amoco Oil Company 7680 Hwy. 65 N.E. Fridley, MN 55432 G & J Properties 970 Osborne Rd. N.E. Fridley, MN 55432 M/M Sherman Hanson 7699 Viron Rd. N.E. Fridley, MN 55432 MAILING LIST 7680 Hwy. 65 Planning Commission 8/9(83 Fridley VFW Holding Co. 1040 Osborne Rd. N.E. Fridley, MN SSL32 ➢avid 0. Harris 6279 University Ave. N.E. Fridley, MN 55432 Wayne Dahl 177 Hattman Circle N.E. Fridley, MN 55432 Richard K. Petschen 3172 Spruce Little Canada, hII�l 55117 13 �..� � �,�-��-� ��.r,��^�,��'w ,��s��' .a. . � �, � �; x � � `. 4 "� ' S` v"' F��.� � t*` �- , �� : ,:t �� ,.��, -��"��« . �;� .'"" . � J4 ' _ , wa 'r 'i .;"'. ;� .:.� h . .Y - . • CITY OF FRIDLEY�Y ��JECT � . 6a� unuvewsir+r snve. as. ,"' � r�� = s' SPECIAL ASE PERMIT . s�uo�.er. Nw. esaat ierm a7+-�so " s�' � ' SP i� 3-t� 7 � 4� � "�.�.� ;,.:`�/ � r� '� AODRES.fi �N1✓ Y i9S' � �" DATE % � ! � � ��x : . �`� „ _ IN6 COlMISSI019: P.H. OATE �-V`v/ ApPR0YE0 DISAAPROYEO -�.x " '` -�.�, u .>;: _ , . DA7'E � ;. �Fl ,��1'��CWNCI�: �� , � �.H.�R�Q'fl �� 'Dlll'f N� � CI7Y COUNCIIt' ^ APPROVED DISAPPROVED iiATE � � — — . STIPULATIOIiS: ;N.- : . . ,� . • . X HAI� gTAN DAQ� ' D�� 'S��rcE �T+o1� FE 40 RECEIP7 NO a// �-- X STREET LOCATION OF PROPERTY 7LoS0 fF. Q NwAr LS� N E � LE6AL DESCRIPTION OF PROPERTY LoT 2+. B i. � Z L+tMQtkTS AD��T��✓ i PRESENT ZOt1IN6 CLASSIFICATION m_% E%ISTIN6 USE Of PROPERTY S�Y.,,'�.� Si~a 7�• o.. . ACREA6E OF PROPERTY DESCRIBE BRIEfLY THE PROPOSED TYPE O/F USE AND Il�ROVEMENT rhsfoll Ca.- v.s� �kc�j/i�y �`n .C.xt �!nT 6a�1 �OS:/3/�A� �44�. � D .. . . . . .. . � Nas the present applicant previously sought ta remne. plat, obtain a lot sptit or variance or special use perwit on the subject site or part of it? __yes � no. What was requested and whenT ' The undersigned understands that: (aj A list of ail residents and owners of property within 300 feet must be attached to #his apptication. {bj This application must be s99ned by atl ormers ofi the property, or an explanation given why this is not the case. (cj Responsibiiity for any defect in the proceedings resutting from the failure to 3ist the names and addresses ofi all residents and property owners of property in qyestion, belon9s to the undersigned., . •., . r. .a , . �;. _ :;° ��%etcA of proposed property and structure awst�be draam and attached, showing the �+�'��oving: i. North direction. 2. location of proposed structure on the lot. 3. ""�imensions of property. proposed structure. and front and side setbacks. �."'�treet naaes. S. Locatian and use of adjacent existing bail6ings (++ithin�300 � f,eei).�_ - ; The undersigned hereby declares that a11 the fac'ts and representations stated in this application are true and correct. , . + � n�r� 7- � I - '�'3 stcNnns� . - ,� >>� -, °- � ... 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F- � _ W ,-Ir •'aO' . � ,,, h 741� ��.�• , � � ? 14Sf y ^ '�` �' ' ' f t' � - - k ��'- i� . �� 7473 ,�' � � � G�go] � , N,�� . . ?��i '�«: Etol; i (i ) � ' d 74s� � f 's �• " t �y� t1 �' . . W ' 74� 7 ' � w k ,.r.• _ � � (,�000l �� i"�� ,' � _ ; �,' �.9 ��, . �, , '�+a+ , �� ti�� ..,, , 111 �,°O� �a � s OS1 � t � . �� t��a _ , . i - -�-•�-� CtTY . - • ! .' . 14. ' � , OF � SP #83-07 7L Q Q STANDARD OI �� . t r • ..: 1 1 1 1 . tD Z 3 V _ Y Z � � W 1^ N � , . � � � ( �.x I�� M� / r.f 76 2S t ��g5 �� wi /Mj� � i.W i�•• ys0 I � • . J!I' - .,,;. :Ii• v• • � /4 `7 45 � ...v J/r�k • /�;,r '� . — — " - �n��-��._- o/ t , � ' 1 SP \ !' ' ,' _� � C� • : 4�. • r- � `,. i � / 4� 130� � � � --- — O7 STAND�oQIL ♦ ,.'F . .`- � / %�t.4T�o� •'.�p' Tt0 OtLn1 ' 16 t �=i � � � � I � '.�_"..._.� • � 4r'. .. �' •' \� -- � vc�a-r. •� � d' �a=c' s'o� � � %� aeoo a �w. � . � _ �--« •, . �---- �' • �s,�a��..�a � � -----'7 L_ •�1 w..»nL. . Gl4T. � ` Geoo i R r�► : '}��",f DP'v� la [� � .. 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'f v � � .� � � .' ■N., +� PUBLIC HEARIN6 BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Comnission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, August 24, 1983 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a Request for a Special Use Permit, SP #83-08, by Timco Construction, per Section 205.071, 3, F, of the Fridley City Gode, to allow the expansion of a clinic in R-1 zoning, approximately 80 ft. by 204 ft. on Parcel 2402, described as that part of Osborne Manor 2nd Addition, of vacated 76th Avenue N.E., and of the NE 1/4 of the NW 1/4 of Section 11, commencing at the northeast corner of Lot 12, Block 1, said Osborne Manor 2nd Addition, thence South 1°7'22" East, along the Easterly line of said Lot 12 and the Easterly line of said NE 1(4 of said NW l/4, 135.59 feet to the actual point of beginning; thence continuing South 1°7'22" East, along said Easterly line of said NE 1/4 of NW 1/4, 342 feet, thence North 89°19'22" West, a distance of 132 feet, thence South 0°40'38" West a distance of 110.17 feet: then North 89°19'22" West a distance of 196.74 feet; thence North 0°40'38" East a distance of 452 feet; thence South 89° 19'22" East a distance of 318.0 feet to the actual point of begi�ning, subject to agreements and easements of record. Generally located at 500 Osborne Road N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. UIR6INIA SCHNABEL CHAIRWOMAN PLANNING COMMISSIOPI Publish: August 10, 1983 Autust 17, 1983 �a SP #83-08 M/M William Adams 400 Osborne Rd. N.E. Fridley, MN 55432 Central Health, Inc. 500 Osborne Rd. N.E. Fridley, NIN 55432 M/M Vernon Godeen 375 76th Ave. N.E. Fridley, MN 55432 Ms. Dorothy Danzl 401 76th Ave. N.E. Fridley, MN 55432 Ms. Joy Benoy 7574 Sth St. N.E. Fridley, MN 55432 Fridley Assembly of God 472 Osborne Rd. N.E. Fridley, MN 55432 MAILING LIST 500 Osborne Rd. Planning Commission 8/9/83 Mr. Carl Oltman 7542 Sth St. N.E. Fridley, MN 55432 M/M Mark Alfredson 7550 Sth St. N.E. Fridley, MN 55432 M/M Kenneth Little 7558 Sth St. N.E. Fridley, MN 55432 M/M Michael Flaten 7566 5[h St. N.E. Fridley, MN 55432 Unity Hospital S50 Osborne Rd. N.E. Fridley, MN 55432 Timco Construction 9421 W. River Rd. Mpls., MN 55444 19 -�- 1 -: �� !3 � C1TY f3R �RIOLQIt� �`�'" s :,; SUBJECT ati ".,�g � � � r,aa, u,wveaarr srre. •+a. • ; M' ShECIAI USE PERMIT �� 3 �8, , Fst1oL�Y. MN. 65o9D �B'm 67't-�sO x'y_g F,�.y w. � _. . . .�K _ �'r�v�s . ��,,::H� �` ;�'.�` �i}�"' M=�'. - . . nara �ia6�,P � � —__ ;, � > ,. . . _ . > . , < _ _.,, ;,. ` PL�10lIN6 COPMISSION: 'P,H. �IITE��APPROYED �lISAPPROYED �� ;: } :� ti; DAIE r . NO ~ ��- ; -�� <.,,; COUNCIL; P,H. �REQ'D :�Ilii HO CItr COUHCILs APPROYED DISAPPROYED,_ DATE NO STIPIlLATIONS• `°.;�Y..' ' . . � � � � � � . � � � � . . , ,a _ . NAME �i+tGO Ci�is7�' fEE �ZCb RECEIPI' NO � STitEET LOCATION OF pROPERTI Stit"! OSq�",t yG� !f/E LffaAl OESCRIPTION Of PRO?ERTY iErce / 2YA9 iVYt 3�C // i PRESENT ZOt1ING CIASSIFICATIOH� EXISTIN6 USf OF PROPEATY .�7�.�r C/�:..'o ACREAGE OF c 3 „f��,�_ � BRIEFLII THE PROPOSED TYPE OF USE AND �i 1C � /� — Has the present applicant previously sought to rezone. piat, obtain a 1 t split or variance or special use permit on the subject site or,part of it? �yes _�f'ho. Mhat was requested and whenY �� %3 —.�,� _ . �— The undersigned understapds that: (a) A]ist of atl residents and owners ofproperty ►vtthin 300 #eet must be attached to ttsis applicati�. (b) This application must be signed by all owners of Lhe property, or an explanation given Hh,y this is not the case. (c) Responsibili#y far aqyr defect in the proceedings resulting from the failure to tist the names and addresses of a17 residents and property owners of property in question. belongs to the undersigned. � sketch of proposed property and structure must�be draNn and attached, showing the ,#s'��[ing: 1. North d9rection. 2. tocation of proposed structure on the lot. ' 3.y"Uimensions af property, proposed structure, and front and side setbacks. �4. 'bytreet names, 5. Locat9on and use of adjacent existing buildings {within�300 ��A � Yt° !�v� � �h�.+._ \�: . ��J` > � . �. . ',. � .. . w..� ..: r . . .. . Y -: �: The undersigned hereby declares that aTl the fac'ts and representations stated in this application ere true and correc� '= `� � DATE '�` �SI6NATURE r � �,_ �• . , �,,. ; � APr IC T �,,, - . - � � • �,� �L�. '��-G TELEPHONE NO��I� �-�� ;{ "��'�`�'� =-- " . f— 4 _ P _ � S#83 08 500 Osborne Road N:E. 21 TIMCO CONSTRUGTION . .J � � . ,. . . 1• � ' i' . . _ n--- NEX _I ,,,,;, •' � _�;'.:�-�1.. -- 4 ! � `...�..�a"'.. 1S= 1 � � II� •,' : �-� $BORIV P� - • 436 �5; ,'li 41c �. � � � , , d - - - . � �116 � � r � �� -. o..�� o� � � � � aN Z. �t a � • �' S � i ' _ ' � +� ; i �. � j�� ' � Q B�� is � 9 � k . �� '_" q9 ! � '� � � ,� I' .E j' �5S(%d� . -t5 jC .� ' ' ~', ' p,..> � ' i i_�_ � ae : ` '�� 2 r 11 " � _- _ �r•"� ; ��"__-: _ �µ' -- - ,..� _ '�s � i�, , f ..�«.� .. , �, 4�4 � � 1 �- - �- '�� • � `� , , � ^ � � � • ,a>> .�,� � - = a e j; i : � � �� : � � � ��; .;-- „"" • ' �N . 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NE . � !��° �+ �► � �� o * � . • , w w .` j f� :np��q6 . �fr_. '�... �a1n ��.. R +~�� 9�r'�. •'. '°i/ w,i • �_ • /lr w�"�..,? � . - � _. ._.. - � S � c-- SP �83=08 '500 Osborne Roa.d N.E. 22 � TIMCO CAPiSTRUCT10N � � . s � s . - r. ♦ -. . . ' .. '. � M. ' . . i . . . . + � . � . � � � ♦ I . , • ' . ,. 1b�.' � ± � � _ � . r' � v ' � .� . .. � _� . . a .' . � ,.�� : , . � . �' � . � . ,�. � ,y ' . '�n � � � Z � . . Q � . � . m CITY OF FRIDLEY PARKS 6 RECREATION COMMISSION MEETING JULY 25, 7983 CALL TO ORDfR: Vice-Chairperso� Schreiner called the Ju1y 25, 19R3, Parks & Recreation Cortmission meeting to order at 7:36 p.m. ROLL CALL: Menbers Present: Mary Schreiner, Jan Seeger, Dick Young, Dan Allen MF+mbers Absent: Dave Kondrick Otherc Present: Jack Kirk, Recreation Supervisor APPROVAL OF JllNE 20, 1983, PARKS 5 RECREATION COMM155TON MINUTES: XO�IDN AY MS, SEEGER, SECONDED BY NR. ALLEN, 20 APPROVE TXE JUNE 20� 1983� PARKS 6 RECREATZON COMNISSION MINUTES AS WRI1'TEN. UPON A VOZr'E VOTE, ALL VOTING AYE� UZCE-CHAZRPERSON SCHREZNER DECLARED THE MOTZON CARRZED UNANIMOUSLY. APPROVAL OF AGENDA: Vice-Chairperson Schreiner declared the agenda adopted as written. 1, DIREC70R'S REPORT: a. Plaza/Comnunity Park Grand Opening Mr. Kirk stated a letter was sent to all canmissioners announcing the grand opening of the P1aza/Comnunity Park on Oct. 7-8. Activities are planned for all day on Saturday at the Community Park to draw people out to see the park, By that time, most of the development should be canpleted, Mr. Kirk encouraged the Commission members to attend the grand opening, if possible. If the Comnissioners have any ideas of what they would like to see happening during the grand opening, they should let him know. He stated they would keep the Commissioners informed as the event draws closer, PARKS 8 RECREATION COMMISSION MEETING JULY 25 1983 PAGE 2 b. Donation - Fridley State Bank Mr, Kirk stated Fridley State Bank has donated $3,300 to buy a score- board for the Community Park. A year ago the Jaycees donated rtaney for two scoreboards, and he believed money donated from the Knights of Columbus was used for a third scoreboard, This is the fourth score- board so now all four main fields will have electronic scoreboards. c. Donation - Fridley Lions Club Mr, Kirk stated the Fridley Lions Club has donated two drinking fountains at a cost of $1,200, These drinking fountains wi17 be attached to the side of the concession/restroom building, Mr. Kirk stated thank you letters will be sent to both Fridley State Bank and the Fridley Lions Club. d. Report - Soccer Tournament Mr. Kirk stated the soccer district play-offs will be held at Commons the last weekend in July, The play-offs are hosted by the FYSA. If any Cortmissioners are interested, they might like to attend all or part of it. 2. NEW SUSINESS: a. Po7icy on Use of Community Park - Field/Cortcession Mr, Kirk stated the Parks & Recreation Department has been getting a lot af requests already for next year for running tournaments at the new Cortmunity Park, He estimated he has talked to 15 groups in the 7ast month. These groups are looking at having fundraisers similar to the tournaments held by non-profit organizations at Commons Park. The Canmunity Park will be an ideal facility for running tournaments. Mr, Kirk stated the Canmission has to come up with some type of policy for renting or using that facility. Currently. the City charges a group for tfie extra cfiarges: dumping of dumpsters, extra Satellite service, chalk for chalking the field, etc. Basically, those groups running tournaments have been non-profit groups limited 6y the City Council to four groups. Only two of those four groups are holding tournaments at Commons this year. Mr, Kirk stated that at this time, they have been telling groups that call in that there is no set policy and that any group that wishes to use Lhe new facility must write a letter to the Parks & Recreation Commission as has been done in the past, requesting what dates they want, what assist- ance they need from the City, what manpower they are going to have, number of teams, and what they expect to provide for the City as a result of the tournament. PARKS 8 RECREATION COMMISSION MEETING JULY 25 1983 PA6E 3 Mr. Kirk stated the majority of those groups requestin9 tournament time are non-profit groups, but there are some teams that are looking at holding a tournament to make some money. If the Cortmission voted to allow tournaments every weekend at the Canmu�ity Park, they would have to come up with some guidelines as to who would use it and what fee would they pay. Mr. Young stated he thought there should be a definite rental po7icy. But, on the other hand, with a group like the Jaycees that has already contributed so much to the City where money comes directly back to the City in one way or another and doesn't go to support a softball team, he thought there should be the right to aaive the fees, for example, a fee of $500 would be waived for the Jaycees, but they would still pay the fees for the dumping of garbage and other incidental costs. Ms. Seeger stated the Comnission should discuss and set up some policies on who will get priority for usage of the fields. They should also discuss having a deadline date for tournament requests. Mr, Kirk stated he had a copy of a Municipal Fee Survey done by the Association of Metropolitan Municipalities. Sane charges for other comnunities are as follows: Apple Valley - $7/field 6laine -$100/park usage for ball field; $65 addtl. for maintenance Brooklyn Center - No charge for resident teams Burnsville -$25/day plus addtl. $15/day for field if lighted, up to 540/day Coon Rapids -$]50/one diamond for a weekend tournament E300/three diamonds " " " E500/six diamonds " " " Columbia Heights -$25/day for field for private S50/day for field for public Mr. Kirk stated that looking at sane of these charges, he did not think the $500 suggested by Mr. Voung was out of line. Mr, Kirk stated another thing the Commission has to discuss and make some decisions on, other than field usage, is what they want to do with the concessions. Is the City going to run a concession during the summer, is the City going to lease it out,or give it to a non-profit group to run such as the FYSA? This is sanething that has to be addressed fairly soon. Mr, Young stated that the City of Blaine had some concession stands, and they let different groups run the concession stands on different weeks. The City allowed each group to have a percentage of the profits. He stated they might want to contact someone at Blaine and get sane more information on how this situation worked, PARKS & REC_REATION COMMISSION MEETING, JULY 25, 1983 PAGE 4 Ms. Seeger stated that based on the City's earlier experience in running concessions (at Moore Lake Beach and Comnons Park)� it did not work out very well. She stated maybe the Commission should go back and review the minutes on some of those earlier discussions. Mr, Kirk stated that based on the City's earlier experience, they do not want to be in the concession business. They are here to provide recreation services to the camwnity, not to run a concession operation, Mr. Young stated there are a lot of youth groups in Fridley. such as Boy Scouts. Girl Scouts, etc., that are really hurting for money, Maybe they could have non-profit youth groups run the concession on different weeks. There would be an inventory, and each group would be accountable for providing the funds for what was used. Mr. Kirk stated there is also the possibility that a group like the FYSA might be willing to take over the entire concession operation. The FYSA has been in the concession business for quite awhile as they run their Little League concession and a concession for footbail, But, letting the FYSA group run the concession all surtmer could present another problem. When there is a weekend tournament sponsored by the Hockey Booster Club, for examp]e, does the City allow the Hockey Booster C7ub to go into some- one else's concession stand and run it for that weekend? Mr. Allen stated he would like to see something set up where there is an advantage or priority given to local fridley groups for use of the fields with sane type of deadline. After that deadline, they would open it up to other groups. He stated he still felt they have an obligation to the residents of Fridley and felt that one weekend a month should be left open for Fridley residents. He stated he would like sortie time to think this over and come up with some more ideas. Mr, Kirk stated he would send each of the Canmission members a copy of the Municipal Fee Survey as it might be helpful in considering this policy. Ms. Schreiner asked if there was any way the Comnission could get some feedback from groups that might be interested in running a concession stand. Mr, Kirk stated he would agree with Mr. Young that there are groups out there that are looking to make money. He did not know how many of those groups could handle a concession operation. He stated he and Dr. Boudreau had discussed the idea of the City hiri�g a professional concessionaire. The City rrould probably make as much money as if they were to run it themselves, because the professional concessionaire is going to run a more efficient operation. Ms. Seeger stated there couid also be the same problem with the professional concessionaire, because the groups holding tournaments make most of their profits from their concessions. PARKS b RECREATION COMMISSION MEETING, JULV 25, 1983 PAGE 5 Mr. Allen requested that Staff find out from sane of the other comnuni- ties listed on the Municipal Fee Survey how they handle concessions. Mr, Kirk stated he would try to get sane information from other communi- ties re9arding concessions; also what is done when a group comes in to run a tournament and someone else is running the concession, Ms. Schreiner suggested Mr, Kirk also find out from these comnunities what criteria is used in determining what is an inside or outside group. Mr, Young stated they should also know what the average cost would be for 1-2 city employees to be at a tournament for a 12-hour day. This information could be helpful in their discussions. 3. OLD BUSINESS: a. Rationale for Ice Locations Mr. Kirk stated this has been discussed briefly before. The City Council has requested that the Parks & Recreation Lommission come up with some criteria for the location of ice areas within the City of Fridley. He stated Staff had prepared a list of "Possible Ice Location Rationale" which included: Tradition Water supply - 1981-82 use of 2�-= millino gallons Soil condition Type of land (grade necessary} P�ssible turf damage Possible users (numbers - age, etc.) Traffic barriers Accessibility Manpower available Equipment (travel tiem, fuel, etc.) Mr. Allen stated a item that should be added to this list is "demand"and/or "desire". He stated that, geographically, there seems to be a good distribution of ice areas. Ms. Schreiner stated one item she would like to see deleted is "tradition". Just because a rink has always Deen there doesn't mean it should continue to be there if it is not being used. Mr, Kirk stated they are looking for sane rationale for when someone comes in with a request for an ice area at a new location, do they or do they not grant that request? They will probably have to deal with numbers and central location or distance for any particular area. The Cortmission is going to have to set up sane type of policy. PARKS & RECREATION LOMMISSION MEETING, JULY 25 1983 PAGE 6 Mr, Young stated the only area that is really not accessible to a general skating area is his neighborhood--the northwest corner of 694 and Central. 7he closest general skating area for his children is either Hayes Elementary (9 blocks north) or to cross 694 or Central to go to Hackmann, The closest park is Coimnons. Ms. Seeger stated that if there are any figures on rink usage, they will need that information when people come in with requests, Mr, Kirk stated Dr, Boudreau was quite adamant that because of expense and the cost of maintenance and the declining enrollment in the schools, the City does not need any additional hockey rinks. Ms. Schreiner stated that as far as numbers are concerned, maybe they should set a limit far the number of rinks. For exampie. whenever they add a rink (after Jay Park), a rink will have to be deleted. The City cannot afford to continue to add rinks, There have to be some rinks in the City that have declining usage. Mr. Kirk agreed with Ms. Schreiner that there should be a set number of rinks and when they look at a particular area for a new rink, they would also be removing a rink fran another area. Mr, A71en stated he did not want them to get into too specific numbers. There has to be some judgement involved, By setting specific percentages and numbers, they could trap themselves. Ne thought they should draw up a generalized policy of the different breakdowns. Mr, Kirk stated 1-2 commissioners miqht like to get together to put together a policy. Mr. Young voiunteered to try to come up with a sample policy for the Commission members to review. He stated that if any of the other Commission members had any su99estions or input, he would like to hear from them, Ms. Schreiner thanked Mr. Young for volunteering. ADJOURNMEN7• XOTION BY MS. SEEGER� SECONDED BY .�2, ALLEN, 1'0 ADJOURN THE MEETING. UPON A VOZCE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON SCHREZNER DECLARED THE JULY 25, 1983, PAR&S 6 RECRERTION COMMISSION MEETZNG AA7WRNED RT 9;00 P,M. Respectfully s mitted, C yn Saba Recording Secretary CITV OF FRIDLEY ENERGY COMMISSION MEETING AUGUST 2, 1983 CALL TO ORDER: Chairperson Saba called the August 2, 1983, Energy Cortmission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Dean Saba, Bruce Bondow Members Absent: Bill Jordan Others Present: Bill Deblon, Associate Planner APPROVAL OF JUNE 28, 1983 z PLANNIN6 COI�MISSION MINUTES: Chairperson Saba declared the June 28, 1983, Planning Cortmission minutes approved as written. Mr. Saba stated that Mr. Bradley Sielaff has expre5sed a desire to serve on the Energy Comnission. He stated Mr. Sielaff's background was such that he would make an excellent addition to the Energy Commission, and he hoped the City Council would consider appointing him to the Energy Comnission. 1. CONTINUED: EDUCATIONAL AROGRAMS a. Programs for Cable TV Mr. Saba stated that right now the following programs are being shown on cable TV: "The Forgotten Fundamentals of the Energy Crisis" "Saving Eaergy at Home" Mr. Saba stated he would like to obtain the "Wood Heating Safety" slide/ tape to become a part of their video tape library. He stated he would try to obtain this tape from the Minnesota Dept, of Energy, Planning & Development. Mr, Saba and Mr. Bondow discussed the editing of the "Super Insulation Seminar" video tape and making it into three or four one-half hour segments for showing on cable TY. This seminar was taped by Mr, Deblon earlier in the year. E_NERGY COMMISSION MEETING, AUGUST 2, 1983 PAGE 2 Mr, Saba stated he would like to highlight some things from the "Energy and Nousing Report", July 1983, as there are some interesting things people are doing that the Energy Cortmission might be able to tie in with their video program or do something similar on their own relating to energy education, Mr. Saba stated that on page 1 of the "Energy and Housing Report" was an article entitled, "Evanston, I11.: Citizens' Concerns Lead to Ambitious Energy Plan for t�e 80's--A group of citizens in Evanston, I11., concerned about their city's energy future, approached the mayor with an offer to prepare a conservation plan. The City Council liked the idea and formally organized the group as a special Energy Subcorrmittee of the Plan Cottmission with the task of producing the plan. The result, two years later: an ambitious plan for the 80's, approved by the council and likely to have a strong impact on Evanston's homeowners, businesses and government. It calls for a 2% annual cut in the use of electricity and natural gas through tfie decade, as well as a 3% reduction in gasoline." Mr. Saba stated that some of the "strategic activities" to be undertaken to accomp)ish the p7an's aims inc7ude promoting fiome energy audits, pub- licizing case studies of energy savings, educating homeowners and others invotved in property sales, supporting tfie Comnunity Action Partnership's program to aid low-income residents in meeting their energy needs, buying and retrofitting a model energy home as a demonstration site, and establish- ing advisory standards for smatl bui7dings, Mr. Saba stated it was interesting to see that other people are thinking along the same lines as the Energy Commission. Mr. Saba stated that on page 2 of the "Energy and Housing Report" was an article entitled, "Wood Heating Group to Hold Safety Certification Exam in 30 Cities--Encouraged by the turnout of more than 1,500 applicants in April for the first Solid Fuel Safety Technician Certification Exam, the Wood Heating Education and Research Foundation (WHERF) has scheduled a second test in 30 cities on Sept. 21. The program, designed for installers, inspectors and chimney sweeps, is intended to reduce the number of solid fuel-related fires." Mr, Saba stated he thought the City of Fridley should consider something like this and maybe the Energy Commission should try to get more information. Mr. Bondow stated he knows saneone who is a member of WHERf, He stated he would contact this person and see if he could get some more information a6out these safety certification exams. Mr, Saba stated that on page 3 of the "Energy and Housing Report", there was an article entit]ed,"'Conservation has Taken Hold' in U.S, Homes, Cambridge Study Finds". He stated tfiat conservation has taken hold in the American home and people are conserving. He stated facts such as those listed in this article might be interesting to share with the citizens of ENERGY COMPIISSION MEETIN6 AUGUST 2 1983 PA6E 3 Fridley. Maybe the Energy Comnission should try to follow this kind of information and share it either in the city newsletter or through video tapes. He stated he would like to see the Energy Comnission put some information relating to energy in every quarterly city newsletter. Mr. Bondow stated that on page 7, the "Energy and Housing Report" stated that there was a new 16mm, 30-minute film from the South Dakota Office of Energy Policy entitled, "How to Keep the Heat in Your House". The film shows people how to weatherstrip and insulate. Mr, Saba asked Mr. Deblon io call the number listed and see if this film could be obtained for the Energy Commission. b. Minnesota Energy Conservation Service (MECS) Promotion Grant Mr. Deblon stated Mr. Saba had received a thank-you letter from Susan Moore, Cortmunity Energy Coordinator of the Minnesota Dept. of Energy, Planning & Development (DEPD), thanking the Comnission for donating their time to assist the DEPD in promoting tF�e Minnesota Energy Conservation Service in Fridley. Mr. Debion stated he has not yet received any information back from Mike Hosch as to whether his Boy Scout troop will be able to distribute materials for the promotion of the MECS Home Energy Audits, He stated he would follow up on this by calling Mike Hosch. Mr. Deblon stated there will be a whole page i�sert in the next city newsletter, and this same article could be put in the fridley Sun. Mr, Deblon suggested tfiey make copies of one of tfie brochures and have these brochures available in the City Hall lobby. Mr, Saba and Mr. Bondow agreed that was a very good idea. Mr. Bondow volunteered to go to Menards and Lamperts to see if these businesses would be willing to give a donation for the cost of printing promotional materials. Mr. Deblon stated he would get an estimate on the cost of printing brochures and doorknob hangers. 2, CONTINUED: ENERGY ACCOUNTING UPDATE Mr. Deblon stated the city wells are on meters and capacitors have been added to them to correct the power factor. He stated Ralph Volkman has been collecting the bills since Jan. 1983, and Mr. Deblon stated he has given Mr. Volkman the e�ergy accounting system sheets for data entry. Mr. Deblon stated he would like to try to go back one year and then have one year after correction in order to be able to compare two years. ENER6Y COMMISSION MEETIN6 AUGUST 2, 1983 __ PAGE 4 Mr, Deblon stated he had a map showing all the wells and he thought it would be interesting for the Comnission members to see the location of these wells. Mr. Saba asked if Staff was making any progress on getting information on the computer. At Ptanning Cortmission, they had talked about the possibility of having a secretary put the information on the computer. Mr. Deblon stated he still has not had any time to devote to energy account- ing, It is a matter of Staff getting the time to train someone to obtain past bill data. He stated he would also call DEPD and try to get their updated software. Mr. Sal�a stated they t�zve to continue to do everything they can on energy accounting. Mr. Deblon stated he would contact NSP again for computer print-outs of the utility bills. REVIEW OF H.F. 1147 (RESIDENTIAL ENERGY CONSERVATION PROfRAM) Mr. Saba stated this was an Act passed by the Legislature which permitted the cities of Richfield and Bloomington to impJement an energy conservation program, authorizing the financing of a residential energy conservation program, requiring a report to the Legislature, He stated he would like to receive more information on this program and how the program is administered. He stated he would contact both Richfield and Bloomington if Staff could give him the names of the people he should contact. 4. OTHER BUSINESS: a. CO Monitor Mr. Bondow stated he had volunteered to write to some companies that manufacture CO monitors to see if any of these canpanies would be willing to market a less expensive model that could be used by the Energy Comnission for a CO awareness program. He stated he got a rep7y from Dynamati�n, Inc. Their cheapest monitor is $595 list, but they did suggest the Energy Comnission check into the use of chemical badges which would be an inexpen- sive and.easy way to check to see if there is carbon monoxide in the air. Mr, Bondav stated he would contact sane manufacturers of the chemical badges and see what he could find, ADJOURNMENT: Chairperson Saba declared the August 2, i983, Energy Comnission adjourned at 8:58 p.m. Respectfully subrt►,itted, � ��l Lyn Saba Recording Secretary CITY OF FRIDLEY HUMAN RESOURCES COMMISSION MEETING AUGUST 4. 1963 CALL TO ORDER: Vice-Chairperson Minton called the August 4, 1983, Human Resources Comnission meeting to order at T:40 p.m, ROLL CALL: Members Present Members Absent: Others Present: Bob Minton, Peter Treuenfels, Barbara Kocher Brian Goodspeed, Mary van Dan Bill Hunt, Personnel Officer,Administrative Assistant APPROVAL OF JULY 7, 1983, HUMAN RESOURCES COMMISSION MINUTES: MOTION BY lII2. SREUENFEZS� SECONDED BY MRS. KOCNER, TO APPROVE THE JULY 7, I983, HUMAIJ RESOURCES COMMZSSION MINUTES AS WRITTEN. UPON A VOICE VOTE� ALL VOTZNG AYE� VZCE-CBAIRPERSON MINTON DECLARED THE MOTIDN CARRIED UNAHIMDUSLY. 1. OLD BUSINE55: a. Consideration of Promotion of Volunteerism among Fridley Citizens Since Mrs, van Dan was not at the meeting, discussion on this item was continued until the next meeting. b. Status Report on CDBG Funds Mr. Hunt stated he has discussed this with Mr. Boardman of the Planning Department. At this time, the City Council has not yet made the final decisions on how the CDBG funds wi11 be distributed. They are looking at 517,000 as a high estimate and a)0,000 as a low estimate in CDBG monies that may be available for pubtic service and human service funding. c. Report on July 73 Meeting with State Representative 5haron Coleman to Discuss Housing and Human Rights Mr. Treuenfels stated the discussion at this meeting really centered around housing, rather than human rights. Those in attendance at the luncheon meeting with him were Sharon Coleman, Mary Cayan. Bill Hunt, and Kelly Cunningham, a tenant who has a civic conscience and has taken HUMAN RESOURCES COMMISSION MEETING AUGUST 4 1983 PAGE 2 on the task of trying to establish better relationships between tenants and landlords, Ms. Cunningham has the idea of forming a Tenant/Landlord Coalition to try to improve comnunications between tenants and landlords and to discuss problems jointly. (Ne referred to the "Proposal to Establish a Tenant/Landlord Coalition to Improve Rental Housing Conditions" that the Cortmission members had received with their agenda.) Mr. Treuenfe}s stated this seems like an interesting idea. If it gets off the ground and is fairly unbiased and does what Ms. Cunningham is setting it up to do, it may very well be a worthwhile idea and may reduce sane of the tensions between landlords and tenants and create a better understanding between the two. Mr, Treuenfels stated the role of the Human Resources Comnission in this area is just to watch the developments with no involvement. As an interested citizen, he would like to keep informed as the project develops. Mr. Hunt stated he was basically in agreement that it would be great to get tenants and landlords together. but Ms. Cunnin9ham needs some kind of vehicle (a community group) that would be interested i� picking up the idea and going with it. d. Report on July 16 Training Session for No-fault Grievance Procedure Mr. Treuenfels stated he had nothing to report as no one attended this training session. The next training session is tentatively set for late August/early September, Mr. Hunt stated that a friend of his who is the Executive Director for the North Hennepin Comnunities Services Council has told him that Brooklyn Center has 50 people lined up for sanething similar to the No-Fault Grievance comnittee; however, these people were lined up through the Bar Association. The people will be trained to intervene to try to settle grievances before anything goes to court. He stated this just shows that there are things similar ta the No-Fault Grievance Procedure that are getting under way. 2. NEW BUSINESS: a. Volunteer Coalition Mr. Hunt stated the Cortmission had received a copy of the minutes of the July 1, 1983, Anoka County Volunteer Coalition meeting. He stated this group meets the first Friday of the month while the Human Resources Comnission meets the first Thursday of the month. He stated the next meeting is tomorrow. He stated he will keep monitoring the progress of the Volunteer Coalition and rep�rt to the Comnission on what happens. HUMAN RESOURCES LOMMISSION MEETING AUGUST 4 1983 PAGE 3 b. Agenda Items for September Meeting Mr. Minton stated that items that should be discussed at the next meeting are volunteerism, disaster preparedness, and a review of the work plan, particularly the items regarding the low interest loan program for barrier removal, the establishing of communications and correspondence with other human rights cortmissions, and the Anoka County/Community Housing Resource Board (ACCHRB). Mr, Hunt stated he would try to get copies of the Disaster Preparedness Plan for the Cortmission members to review and would invite Tim Turnbull of the Police Department to explain the Plan and to talk about what role the Canmission could play in this area. ADJOURNMENT: yOTZON BY MR, TREUENFELS, SECONDED BY MRS. KOCHER� TO AATOURN TNE MEETINC. UPON A VOZCE VOTE�,ALL VOTING AYE, VICE-CHAIRPERSON MZNTON DECLARED THE AUGUST 4� 1983, HUAIAN RESOURCES COMMZSSION MEETING ADJOURNED AT 8:26 P.M. Respectfully ubmitted, / _ `r�' �lI L ne Saba Recording Secretary C1TY OF FRIDLEY COIA�tUNITY DEYELOPME��T COMM155ION MEETING AUGUST 9, 1983 CALL TO ORDER: Chairperson Oquist called the August 9, 1983. Community Development Comnission meeting to order at 7:30 p.m, ROLL CALL: Members Present: LeRoy Oquist. A1 Gabel. Carol fassett, Louis Schmidt Members Absent: Ken Vos Others Present: Jerrold Boardman, Lity Planner Jack P. McCarty, 11 - 65� Way N.E. (Edina Realty) APPROVAL OF JULY 12 1483 LOhMUNITY DEYELOPMENT COMMISSION MINUTES: NOTIOM1' BY MR. QABEL, SECONDED BY XR. SCHMIDT, TO APPROVE THE JULY 12� 1983, COMNUNZTY D£VESAPMENT COMNISSZON NINUTES AS WRZTTEN. UPOF A VOIC£ VOTE� ALL VOTING AYE, CNAIRPERSON OQUIST DECLARED THE MOTIDN CARRIED UNANIMOUSLY, 1. DISLUSSION OF "TRUTH-IN-HOUSIN6" PROGRAM: Mr, Oquist stated that last year the Commission had put on their workplan the possibility of establishing a"Truth-in-Housing" pro9ram for the City of Fridley. He stated BoD Lines of the Lity of Minneapolis Inspection Dept. came and spoke to the Comnission. Mr. Lines spoke very much in favor of the program. Mr. Oquist stated the City Council seemed to think the Gomnission should hear a negative side as well. Mr, Oquist stated the Commission is looking for, not just a negative side, but wne of the drawbacks there might be with a Truth-in-Housing program so the Cormission can make a knowledgeable recoimiendation to the City Council He stated that was the reason Mr. McLarty was invited to the meeting--to give his viewpoints, primarily from a realtor's point of view. Mr. McCarty stated he has listed and sold hanes in Northeast Minneapolis which does have Truth-in-Housing. He stated that if the Garmission merrbers had seen a copy of Truth-in-Housing. it seems quite complete and quite thorough when, in fact. it is not. He stated it really depends on what a city wants to accomplish rith truth-in-housing. Do Lhey want to upgrade the property and have the seller make the repairs that are necessary? r COMMUNITY DEVELOPMENT LOMMISSION MEETING, AUGUST 9. 1983 PAGE 2 Mr. Oquist stated that was one idea, but he thought the primary reason for truth- in-housing was to tet the buyer know the deficiencfes in a house. The Commission Mould not want the City Inspector going in and saying the seller has to make all the �epairs. but to let the deficiencies be known to the prospective buyer so those deficiencies can be negotiable in the buying of the house. Mr. NcGarty stated that was similar to the energy audit requirement where the State required every Aome being sold to have an energy audit; however, it was an optional thing as to Mhether the buyer wanted it or not. He stated that in the two years, he did not think he had a property listed where an energy audit was ever done. The buyer actually waived the requirement even though the seller had to pay for it. Mr. McCarty stated most of the homes in Fridley are getting to the age where they are going to need repairs. He stated his home is 22 years old, and his furnace is 22 years old. It is a 150,000 BTU furnace in a 12�000 sq, ft, rambler. Today, they are putting 80,000 BTU furnaces in that size of home. Is that a deficiency? Should he be required to replace that furnace? It certainly uses too much energy, but there is nothing wrong with it. Mr. McCarty stated it really depends on what type of truth-in-housing the Commission Nanted. Are they going for the old wiring and the 60 amp services? Those type of things are all covered by the FHA inspections and about 85A of the homes being sold are with FHA financing. Of course, they d� not have that type of inspection with conventional financing. Then there is the contract-for-deed plans, and they may be seeing more and more of that, How does truth-in-housing fit in with contract-for-deed plans? Mr. McCarty stated he thought truth-in-housing was good, but sane of the resistance felt by the seller is that the City is then going to know the deficiencies in their homes and the City is going to become involved, Mr. Oquist stated that was not their intention. Ne stated in Mpls. the person who administer+ the truth-in-housing program at City Hall maintains a file of the inspections, but this file is not accessible to the city inspectors. He stated it was primarily just to make the buyer aware of the deficiencies. The 60 amp service may not be a negotiable thing, other than to just acknowledge the fact that the house has that type of service. But, maybe the fact that the house has roof problems could be a negotiable thing where the seller reduces the price of the house accordingly, Mr, McLarty stated he felt most of those type of things happen anyway between the buyer and the seller. Realtors also point out some of the things in most cases. He stated he does, especia7ly if the house is an older house. He thought most seliers are aware of the deficiencies. Mr. Oquist stated the seller probably is, but there are a lot of first-time buyers who are not aware of these deficiencies and do not know what to iook for. He asked Mr, McCarty if he has ever experienced a seller going through 2-3 truth-in- housing inspectors until he/she has found the right one. � COMMUNITY DEVELOPMEPff COMMISSION MEETING AUGUST 9. 1983 PAGE 3 Mr. McLarty stated it has been done although it is not done very much. Most sellers are very honest about it. They know it is a requirement and do it. He stated that if the City is considering a truth-in-housing program� he Would recommend they set a fee schedule for the inspectors that is fair. Beyond that, he thought the major things that could go wrong with a house to a buyer coming in are never really covered in truth-in-housing (for example. the fur�ace, plumbing out to the street. etc.). He stated that even though Minneapolis' Truth- in_Housing program tooks really complete, he did not think it got to the meat of the things that are important. Mr. McCarty stated tfiat a l�t of rrfiat is covered in truth-in-housing is also covered under a"Homeowner Warranty Program" which most real estate companies are using. That is. everything inside the wall--plumbing. electrical, appliances-- is covered under a warranty program. The program is optional to the buyer, seller, or both, and they can share the expense. He stated truth-in-housing could be augmented by offering either truth-in-housing or the Homeowner Warranty Program. He felt the warranty was much better. It is a one-year warranty, but it is like a� insurance policy and can be renewed by the buyer, Mr, McCarty stated he has often thought about what would happen if a 7ruth-in- Housing inspector said something was fine. and then two days later it wasn't. Who was responsible-•the seller or the inspector? Mr. Boardman stated he recently bought a hane in Minneapolis where Truth-in-Housing is required, He stated several things were pointed out that needed repair. He stated he appreciated having sanething to look at when going through a home. With YA or FHA, they d�n't get involved in any kind of inspection until later after the paperwork is already in the process and purchase agreements are signed. Mr. Oquist stated that maybe a compromise would be to have a form similar to the Truth-in-Housing form that would be made available to the prospective buyer so the buyer would have a guide of things to look at when goi�g th�ough a hane. The buyer could make his/her own inspection. Mr, McCarty stated he thought that was an exce7lent idea. Mr, McCarty stated that Edina Realty has added 5-6 lines to the bottom of their purchase agreement that says--"The seller warrants that he/she has not had in the past or currently has any water problems in the basement." "The seller warrants heJshe has not had any problem with leaky ceiling. leaky roof� or ice build-uo, etc." He stated the seller then has to sign and initial that. If there have been proDlems,then those statements are crossed out, and the seller has to offer an iLplanation for the problems. That is then told to the buyer can accept or reject Mr. Oquist agreed that water problems and leaky ceilings can be eaily fixed with a coat of paint and would be very hard to catch by a truth-in-housing inspector. COMMUNITY DEVELOPMENT COMMISSION MEETING, AUGUST 9, 1983 PAGE 4 Mr. McCarty stated the biggest thing is i� administering the truth-in-housing program. He would recommend that the inspector send a cover letter or form to the City verifying that an inspection was made on a partitular house, He stated it would be a definite "plus" if the seller knew that the City Inspection Dept, would not be involved in truth-in-housing. Mr. Boardman stated the main thing is that if Fridley does go with truth-in- housing� they wouid be offering it as a service more than anything. It is a sa-vice to the buyer with the intent that eventually the housing stock will be maintained in the City. He stated it was more of an awareness-kind of thing, He did not think at any point they would be doing it to find out who was violating the code and harass people. The only things the City would be concerned with would be those code violations that the Lity feels are health hazards to,not only the people living in the house, but also the people next door, He stated the Housing Maintenance Code states that the LiLy cannoi require anyone to repair code violations unless those violations are deemed to be a health hazard. The City will generally not go into a home unless they have a canplaint from a neighbor or the owner has requested an inspection, Mr, Oquist thanked Mr, McCarty for coming to the meeting and sharing his point of view. He stated this has been a very informative meeting. Mr. Oquist also thanked Mr. Schmidt for inviting Mr, McCarty to the meeting. Mr, Oquist stated the Comnission will have to give some thought to the truth-in- housing program. He felt a lot would depend on the administration of the program. He stated he sti17 liked the idea of protecting the buyer, 2. OTHER BUSINESS: a. Discussion on Grand Opening of Cente� City Plaza a�d new Community Park - Oct. 7-8, 1983 Ms. Fassett stated she had talked to Bi11 Nunt, Administrative Assistant, and told him the Commission wouid like to help in some way during the grand opening. She had also sug9ested the Chamber pf Commerce be involved. Since then. Mr. Hunt has invited her to an organizational meeting regarding the grand opening. The meeting will be Tues., Aug. 16 Mr. Oquist stated there has been some discussion at the Planning Comnission about the fact that the City has been having troubie getting volunteers for the different comnissions. and they had discussed the possibility of setting up some kind of booth at the grand opening on Oct. 7-8 in o�der to promote volunteerism in the city. He asked Mr, Boardman if the comnissions or the City had any kind of hand-out that could be used for this purpose. Mr. Boardman stated they do not have anything at this time; however, some- thing could be put together, He stated Mr, Hunt is doing a whole presenta- tion pamphlet-type of thing that will be handed out at the grand opening, The Lity is also worki�g on a promotional pamphlet that will be sent to devel�pers. He stated it would not be too much of a problem to put COMMUNITY DEVELOPMENT COMMISSION MEETING AU6UST 9. 1983 _ PAGE 5 together a promotional publication prortating involvement in the City. He suggested Ms. Fassett talk to Mr. Hunt about this at the Aug. 16th meeting, Ms. Fassett stated that earlier in the year, in discussions about goals and objectives for the Canmunity �evelopment Comnission, the Cortmission members had asked Kent Hill to contact other communities to find out if other comnunities had cartmiissions similar to the Community Development Lomnission, Mr, Nill had obtained information from several comnunities, and some of the cortmunities had very attractive brochures describing their commissions, the goals and o6jectives of the comnissions, etc. St. Louis Park was one good example. Mr, Oquist stated that maybe the St. Louis Park brocure could be used as a guide for a similar brocure for Fridley. Mr, Boardman suggested M�. Fassett show this brocure to Mr. Hunt at the Aug. 16th meeting and see if a similar br�chure can be put together for the grand opening. Mr. Boardman stated that at the Planning Commission's July 13th meeting, Mr. Oquist had suggested that some kind of display be set up during the grdnd opening to try and get some interest in city comnissions, Ms. Schnabel, Chairwoman of the Planning Comnission, had requested that the Comnunity Development Comciission discuss this at their next meeting and come up With some ideas for comnission displays for the grand opening. Mr, Oquist stated that, ideally, it would be from each commission at the grand opening. H Planning Cortmission, he would tell them about Commission's discussions at this meeting and the other commissions feel about having their at the grand opening, ADJOURNMENT: nice to have a representative e stated that at the next the Community Development see how the chairpersons of commissions represented NOTIOh BY XI2. GABEL� SECOtiDED BY MS. FASSETT� TO ADJOURN TH£ NEETING. �UPO7: A VDZC£ VOTE� ALL VOTING AYE� CNAIRPERSON OQUIST DECI.FiRED THE AUCUST 9� 1983� CDAIXUNITY DEVESAPNENT COMMZSSIOX liE£TINC ADJOURNED AT 9:20 P.M. R��f�ly syb! ��tt'ed, ,� QC�u.� yn e Saba Recerding Secretary _� � ` 0[iDII�I: N0. _ - 1983 AN OdmINANCE ADOPTI2� A 1�7 �APrER 101 ENT'ITLID 'ANIMAL CONTROL" AND REPEALING OLD CHAPTERS 301 ENTITLED 'LIVFS1t�QC �"r 302 II�TITI,ED 'ANIMAI, CON'PROL`� AND 303 FNiT1LID '1VILD ANII'ALS AI'ID BIRDS" OF THE 1�RIDLEY CITY G�DE ITI �IR IIJfIREPS[ '1� QxR�CIL OF 'if]E CITY OF FRIDLEY DOI'S ORA�,IAI 1°►S E'OLJ1xaS e 101.01 DEFIIZIfiIpNS The following definitions shall apply in the interpretation and application of this Chapter and the follaaing words and terms, wherever they occur in this Qiapter, aze defined as follaas: 1. Animal.. �y�y � livinq creature excern the hLm+?n_ raca ��i¢�X�¢ �� yb,�X�1. 2. Animal Control Officer. Any individual designated by the City to enforce the provisions of this Ct�apter, i.ncludi.ng all City police offioers. 3. Ani�l Shelter. Arty �enises desic�ated by the City for the purpose of impounding and caring for anim3ls held �mder the authority of this Chapter. The facility may be owned by the City or may be a contracted shelter service. 4. Animal Tag. A tag prwided to individuals who are issued a permit to maintain an aninal. 5. Birds. �jyy of fha r1�Ga of w-rnrblooded vertehrates d�stjagu�shed bv a�'na the bodv more or �ess covered w�th f�t�r� and t�?? forelimhs .^.�ific�d as winas. 6. Cat. Any animal of the feline species. Z, Gruelty or 7lorture_ �Prv ac� art�ssion or neglect w £sl�f 'nq Or dedth shall Fw C3LS? 8. Dog. Any animal of the canine species. 9. Rennel. A� glace wheze three or more dogs, three or more car�g3 ?ny romhination of threp or more dcbG a�?�_7 ca� aze kept on the same prenises. A frPSh �;tter of 10. Livestock. Horses� cattle� gaats� rabbits� ShEtp� _��n - fOwl� and other animats used —/' . �— 11. Permit. 'lY�e authority to keep an animal �� ie/ ��ipf�TYf¢ �I6¢¢�¢¢ within the City of Fridley. n 12, Pet Shop. Ary person, partnership or oorporation engaged in the business of breeding, buying, selling ot boarding anim�ls of any species, 13. Itodents. A S r�C*1� O 21L�San�e 'nim31 inG1LC�11O ��' nimala a� IdtS IILC2 ]I10�2S �n�lPg -r� Ot wild an'm;ls q�iCh 'r2 d3n�mu� tn thP �lf3r_e Of t� �liC 14. Veterinary Hospital. Any establishn�nt maintained and opezated b� a licensed veterinarian for the diacgiosis, rarP and treatment of diseases and injuries of aninals. �. W�ld Animal _ � • - � • � �a- � •�•7'ifr -S.�i77� 101.02. WII,D ANII�LS ANID BIRLV^ It shall be imlawful for any person to himt, take, shoot, trap, kill, injure or attenpt to injuce any wild animal oz bird within the City of Fridley b� use of a fitearm, bow and arzow, trap, poison or any other means. This prohibition, howevei, shall not prevent propetty owners ot their agents from eradicatin9 rodents on theiz property hrot�ah h � of trap�noisons or o h �ch 7a �l s 101.03. LIVFSRUQC QONl%E, 1. License Requiranent. No person shall engage in the keeping, raising, feeding or caring for Iivestock within the City li.mits of Fridle� without first having obtained a license to do so. �rl�7/�(�td/X►�Y�/XN�/i`x'�!�'I//�/Xi�t��$�/f¢�/�/�`l��f�¢¢1 }f��}'If� (Ref. 86) 2. License Procedure. A. A license to keep livestock shall be gzanted only after written application, signed by the applicant, is filed with the City. The a�lication shall state the applicant's full name and address, and contain the rnm�ber and species of the livestock to be kept and a�I�¢¢�`��X,i¢p( sca�ed site g,a� of the prenises sharing the adjoining property and fence lines. B. The Co�ci1, in considering whether a livestock license should be gtanted, shall review the apglication and site plan to oonsider the nature of the livestock, the possible effect on adjoining properties, housing facilities, sanitation control and the effect on the genezal health, saf v and welfare of the p�lic. C. Any person keeping, raising, feeding or caring for horses, cattle, goats, sheep or saine shall provide no less than one (1) acre of open, tmused land for each animal. 3. License Fee. �z � � �e annual license fee and expication date for a livestock license shall be as prwided in (hapter 11 of this Code. 4. Manure Renoval. Persons who keep anim3ls within the City shall not allar any odors which are offensive to the people inhabiting the City ��h that they constitute a � Organic matter shall not be allowed to accwnulate fot more than one (1) week at a time. However, organic matter shall be renwed more often than one (1) time per week if it is necessary to eliminate any odors rhar c_onstitute a nuisance_ 5. Aousing. Proper housing in the form of barns, wops ot hutches shall be pravided in any area where livestock are permitted to roam. Such housin9 shall be adequately fenced to insure that the livestock r enain on the owner's pr enises. W'hen livestock are kept in an area that abuts or adjoins a residential area on which dwellings are erected, there shall be a strip of land at least thirty (30) feet wide between such abutting property and the area on which the livestock are kept. 6. Inspection. Any authorized A^�� n o� Officer of the City shall, at any reasonable time, be permitted upon the prenises where livestock aze kept for the purpose of �king inspection to determine ax�liance with this Chaptez. X6Xl�J,t,!//�/�'-✓/ l01.04. arrn+�,t. rU�s�xc� For the purpose of this Chapter, an ��}� ¢�` n•„k;t n,; �n shall �/��{¢�7/�y�/¢��C�/�(/y(�d��(y(�¢/yIy(¢yI •� Lnde r anv o f the f o� 1 ow � na conditions• 1. When an�� ¢�j.`�i,ID31 is not confined to the awner's or custodian's property by adequate fencing or leashing. 2. When an� p%` ¢� �IIi,m31 is off the pranises of the aaner or custodian and is not imder the control of the owner or custodian tr� a leash. Such leash shall not exceed eight (8) feet in length. �is prcrvision is not applicable when �� ¢� a� ?*±i�?i is in a motor vehicle. 3. When an¢i� �� yl�fj` anima2 commits damage to the person or property of anyor�e other than the aaner, or creates a nuisance, a� �f;ned in t►+;s ct,arnPr nr ;n �ampr 110 e�titlQd "Public Nuisance",_ of the City Code, upon the property of one other than the owner. 41us provision is not applicable when tl�e g�g/ ��` ¢)(X �pim31 is acting in defense of the owner, ti�e owner 's family or the owner's property. -3- /f/e'�I�lib`Q��!'��d��¢� 7�'��l��T�✓�� 1�� 4. When a fenale p� �}` ¢1!x �i,IDdl is in heat � off the prenises of the owner, �mless confined while being transported to or fran the pranises of the owner. �is prwision is applicable when a fenale �t¢� p%` ¢�(�` �imal is in heat and is on the prenises of the owner, but is not kept in a building or secuze �closure where it cannot be in contact with other males of its kind, except for planrred breeding. 5. When an y1�6� �� ¢�t�C �iIDal barks, howls, cries oz yelps so as to iau�ecessarily disturb or annoy any person or persons in the vicinity thereof, �� l`�� Y��X_�l`�I�R� �� .�� nr o harwia mitE . ..,. • ..,_� •Pu1 ic Nu��?nce". of the Gity Ch3e• 6. When an��` ¢� �j,ID31 chases vehicles or otherwise interferes with pedestrians, autanobiles,,jjb,(�i/,c�yles, motorcycles, motor bikes or snaamobiles on �IZC $ti��u� �leisl H�I�X+I+�I �Q'L]PTh1P$ Di tll��$• 7. When an animal, where reau? red, y1� ��` ¢�` has not been vaccinated against rabies within tY�e preceding two (2) years, 7'1//�/�r��`/z(.YXi�►6�/�(/t1��}/�2`/�(,t`��b/�li6Xk�i`/ld�/� �8/��i/�r�/7 �¢/�S`��z'K�/��/1 ��/�z`/��/�d �Y��l /, ,�,!//�i�/x�,��kQ/.bb�'/a'�a�/k.�,�-iS►'/d'd�/�K�-!/�r4�fa'1�/d,b'o'd�/,trb'/��d� ��K��/�X/�'a'/zr�/�+�'x��/A�1�'a'/��',�i��/��/�Y''��'A�S��'/X� i�a`,_�f/��X�`,�/�/,t��. 8. When three (3) ot more dogs, thzee (3) or more cats or any combination of three f31 or m�re doas and ca� are kept on the same prenises, �mless a kennel license is obtained in the appropriate zorie for that use and the requizements of Section 101.15 aze canplied with. �.�//X/��r�/��,�/�/�/��/��/s��1��/i4��/I��/�Y/i��/��/,��/,�a7.'�� .- ., . --.n - 101.05. DOG 1. Permit. A. No person shall own, keep or harbor any dog over the age of six (6) months within the City imless a permit thetefor has been secured. Permit certificates shall be issued by the City upon proof of rabies vaccination within the preceding two (2) years. Issuance of new permits for the _y- � license year shall oamrence as set forth in (�apter 11 of this Code. In April of each yeaz, the City may publish notice in the official newspaper of the need to pay such pezmit registration fee. B. The applicant for permit must sign and agree that he or she is prepaied to oaoply with regulations established by the City. It shall be the duty of each person owning, keeping or harboring a dog to pay the permit fee established by the City on or before the first day of the permit yeaz, or upon establishing residence in the City. Upon payment of the permit fee, the City shall execute a receipt in duplicate, the original of which shall be delivered to the person who pays the fee and the duplicate retained in the City records. At a minimum, the receipt shall describe the dog as to breed, age, color, owr►er and owner's address. C. No pennit shall be requized of any himane society, veterinary hospital or laboratary. 2. Tag. A. In addition to the permit, a tag, the shape or color of which shall be different for each registration year, shall be issued by the City. The owner shall affix the tag, by a permanent metal fastener, to the collar or harness of the tegistered dog in such a manner so that the tag may be seen. The owrer shall see to it that the tag is constantly wozn by the dog. In case any tag is lost, a duplicate may be issued t� the City upon representation of a receipt showing the payment of the permit fee for the current year. A chazge, as provided by (�apter ll of this Code, shall be made for each duplicate tag. If at the time of initial registration a dog is due to be vaccinated within the x�ext six (6) month period, then a new vaccination shall be r�,;red before a permit is issued. B. It shall be imlawful to co�terfeit os attenpt to counterfeit a C. Dog tags shall not be transfetable and no refimds shall be made on a permit fee because of leaving the City or death of the dog. 101.06. REVO(7�TIfR� 1. An animal peLmit may be revoked if: A. The person holding the permit refuses or fails to comply with �h€ � ov's; G of this Chapter, any other regulations pranulgated by the City or any state or local law 9overni.ng czuelty to animals or the keeping of aniioals. s. An owner fails to provide the animal with ��i�R�¢�¢yfk ��gi �+f�T �X�� n�s� food, wates, shelter, tsf�X¢¢��yl ��yt �kt¢ yb��i�¢�" veterinary care and h�oane care and treatment. C. An owner overdrives. overloads, overworks, tortures, ill tzeats, torments, �lectsl or uninG i i�y �iurPS ma; �'�a G or cruell� worl� an animai n mf' O �ahnr, or otheLwise abuses any animal. D. An owner causes or peanits any dog fight, cock f ight� bull fight or other ownbat be�aeen ani�ls or between ani�7.s and himans. E. An awner violates the tecros of this Chapter three (3) tiroes within one (1) Pernut year. _ 5� 2, Any person whose permit is revoked shall, within fifteen (15) days, ranwe such animal(s) pennanently from the City or h�unanely dispose of the animal(s) cited in the violation as beinq o�wned, kept or hazbored by such person and no part of ti�e permit fee shall be refunded. In addition, the ownet may be liable to court action imder this Code, State Statutes and local laws f or any of the actions cited above. 3, If a permit is revoked, no new permit may be issued f or a period of one (1) year fran date the permit is revoked. 101.07. Ef�+IP�IONS Section 101.05 of this Chapter zequizing a permit and tag shall not apply to norr-zesidents of the City who are keeping only domestic pets, provided that the anim3ls of such owners shall be kept in the City no longec than thirty �0f�idY� %�6f�'Y/�(�adY�f/ir��ft/�% �t`�i��/£��/i`14d��7�� k`��/�z`��N�� .�. �- •_- 101.08. FEES Zhe annual permit fee and of this Code. Neutered or fee as prwided in (�apter 101.09. II3POUAIDING 1. C�erally. expiration date shall be as provided in Chapter 11 spayed ani�m].s shall qualify for a reduced permit 11 of this Code. A. The Animal Control Officer shall take up and impound any animals zequiring permits or tags found in the City without the tags; or any anumis which are in violation of any of the other provisions of this (�apter. Animals shall be urg�oimded in an animal shelter and confined in a hwnane manner. Impoimded ani�ls shall be kept for not less than five (5) days, including Simdays and Aolidays, iml.ess reclaimed by their avners. B. if an animal is found at large and the awner or custodian can be identified, ti�e Anurel Control Offioer may proceed against the awner for violation of this Chapter. C. The Animal Control Officer may enter upon any public or private prenises b� warrant or as othezwise provided by law when such officer is in reasonahle pursuit of his or her duties. D. Upon taking and impoimding any animal. as provided in this Ani�ml Control Offioer shall iimiediately notify the owner, if the City Police Department. The Animal Control Officer Dep3r�nent shall maintain a record of animals so ia�ounded. 2. Qaiming an Impo�mded Animal. Chapter, the known, and and Police A. In the instance of animals for which the ownet does not have a required permit or tag, the Aniirel Control Officer shall not return such anim3l to the owner �mtil a permit and tag have been purchased from the City or frcm the Animal Control Officer. �e Animal Control Officer shall renit to tl�e City the s�nn paid for the permit and/or tag �t � j� �byl¢�` t� Y� 1�1�� ¢�` I�,� `��$,� #'� ��X �� and fnrnish the City with all necessary information pertaining to said purchase including a copy of any permit certificate issued in wnnection therewith. �6- B, '�'�+P ownec of the i��nded n'mal a11 oav the Animal Conttol OEficer �fXX l� 1�� I� �� ` an�unding fee. �dXk� ��4� � �`¢ �o%` �a/¢!4 �7f 1� R� �i` �A�X � �R',iv�F� 1YD� �.'?'1� 1�ieFlgi. The Animal Control Officer shall turn over to the City any impounding £ees received. Zhe City shall place such fees i.n the general f�md of the City. G If a rabies vacci.nation is required and the avner cannot produoe pzoof that the animal has had a cabies vaccination within the pteceding two (2) yeazs, the Ani.nel Control Offioer shall 7f�p.'¢,iyfjfX� ��r � such dog or other anim3l is vaccinated for rabies as a condition of celease to the owner, 7Y�e ani�l's owner shall pay to the Anim31 Control Officer the cost of the imtumization. D, The owner of the i��oun Offiaer �fj',� �¢ �pI J6� j.'j, each day the aninel is �¢yf� 3, Unclaimed 7mpo�ded Ani�rels. ��;,oat Shaii 1so p�X th Animal Control '�Js/ �y�f¢� the cost of feed and care foz j,�j� jn Y�]e �J�j n'mal chalt Any animal which is not claimed within five (5) days aftez having been i�oimded, including Stmdays or Holidays, may be requested and claimed by a licensed educational or scientific institution under Minnesota Statutes Section 35.71. If not so requested and claimed, the animal may be sold for not less than the a�namt of the total charges accrued against the animal in accordance with the provisions of this Chapter. All sums received by the Aniirel Control Officer, ��,�' +'ha rnGt t�f f� arrl arP and aI1V vacc�na �OI1G or ' �*+� a� n� a;n; ed t� th an;,�i, shall be renitted to the City and plaoed into the general fimd of the City. llny anim3l which is not claimed b� the owner, a licensed education3l or scientific institution or sold, shall be painlessly put to death and properly disposed of by the Animal Control Officer. Zhe t'vre of sale ot other disposition of the animal shall be at least 120 hours after notice has been given to the animal's owner by the Animal Control Officez. RY�e pzovisions of notification to the aaner do not apply when tl�e owner cannot be reasonably ascertained. 101.10. ANII�L BITFS� QUAFtANTII� 1. Any person bitten or Imowing of a hia[an being jd�iX who ac been bit �*? by a dog, cat, racoon, skunk or other species susceptible to rabies shall imnediately notify the Anim31 Control Officer or Police Department. Whenever such an anim3l has bitten ar�y person, the owner or custodian of the animal, ji�6� y.�¢.¢d after beina so notified by the Animal Control Officer or the Police Departrnent, shall imnediatel cause said animal to be quarantined at the City of EYidley contract j[¢_yfyf��y(¢,{j�iX7� �:�� GhP�*yS or at a licensed veterinary krospital or kennel for a period of fourteen (14) days after such person has been bitt�, During the quarantine period� said animal shall be kept �der observation to detezmine its condition and if it is found to be sick or diseased, the operator of the quarantine facility shall inmiediately repott in writin9 to the Police Departrnent and the Fridley Animal Contxol Officer the cordition of the anim3l. Tt►e Animal Control Officer shall then take necessazy steg�s to determi� if the animal is suffezing from rabies. quarantine period the animal shall not be ranoved from the designated quarantine facility except ky special written permission from the Minnesota Livestock Sanitary Baard and the FYidley Aniirol Control Officer. The owner of an animal shall be responsible foz the cast of quazantine. 3. �e quarantine required t� this section shall not be necessary and the _ 7� �equirgnents shall be waived if the custodian ot owner of the animal, inmediately upon �'f�XL�Y 9�� 1'�Y,�f� �`��1`�R� ?� 1�7�� ""'';f;��r;"^ r},at hi� or her an�mai ►,�?c bitten someone. presents to the Animal Control Officer or Police Departrs�ent, the certificate of an authorized veterinarian that the animal was vaccinated for rabies on a date not less than two (2) years prior to the date of ¢y!¢)5 yf�x�¢¢ h b� �na. Such animal so egempt shall be quarantined on the pcenises of the aaner, �mder stsict control, for a period of fourteen (14) days for the purpose of obsezvation for symptans of disease, �e Ani�ml Control OPficer is authorized to conduct a mid-term and terminal examination of the aniiml. 4. It shall be imlawful for any person, other than an Anim31 Control Officer, to kill or destroy any anim3l found rimning at large in the City. No Animal Control Officer or otl�et person shall kill, or cause to be killed any animal suspected of being rabid, except after the animal has been placed in quacantine and the diagnosis of rabies made. 101.11. VIQOOS ANINN�SSS No person shall keep or allaa to be kept ��¢ in the City any animal of a vicious character, habit oz disposition or any aninel. wild by nature. Any dog os other animal may be deened to be vicious upon the occutrence of two (2� QL more Idii�� bitina occurences within 365 calendar days. rr-rrcri r�-rrri rrrrrrr.v. r.-. �-��.-r�, . . . . . . . . . . . - - . _ - - Upon conviction for the violation of this Section, the Court may in addition to imposition of sentence, direct the Animal Control Officer to take the animal in question into custody and forthwith dispose of �t �n a h mane manner_ � �� 1� � ��i��`� �� ?� ��`I� �� %�t`�� 101.12. OQl+1PLAINIS Any person oomplaining to the Police De�rhnent that an animal is allegedly r�ning at large or othenrise wnstituting a danger or nuisance shall identify himself or herself upon request and shall make every reasonable attempt to assist the authorities in identifying the anim31 and its uwner or custodian. 101.13. M7ZZLING Whenever the prevalence of hydrophobia renders such action necessary to protect the public health, safety �d we1 a the Mayor shall issue a proclamation ordering every person owning or keeping �f �I�� an animal suscevtible to rabies j!� confine� ,i� securely on their prenises unless it is muzzled so that it cannot bite. No petson shall violate the pzoclamation, and any unmuzzled �yl� s�piIIidl running at large during the time fixed in the proclamation shall be imnediately put to death by the Animal Control Officer without notice to tl�e owner. 101.14. I�S 1. License Requirenerst. No person shall keep or maintain a kennel in the City e�ccept upon obtaining a kennel license oonsistent with the zoning requirenents of this Code. 2. License Application. Application for a kennel license shall be made on forms prwided 1� the City. Such application shall oontain the following informaYion: A, Location, m the prenises, of the kennel. ��— B, Location of structures for housing the dogs and/or cats. If the dogs and/or cats are to be kept pri�rily within the home or othet building of the residence of the applicant or of any other person, the application shall so state. C. 7Y�e maximan �um�bez of 3ogs, cats oz any combination thezeof, to be kept on the prenises. D. 'ihe distance of ar�' R]� � run azeas ot housing foc dogs �c114T cats from any building structures suitable for human habitation, or a public glace where food is bought, stored or eaten. This distance shall be a miniinan of 200 feet. E. 7t�e prenises for any keeping of dogs �/.QL�� shall be fenced and a simp le plan showing the location of fencing shall be furnished. The fencing must be of such quality �� a*+� desicro so that it wi�l contain the dogs and/or cats. F. G. Method to be used in keeping the prenises in a sanitary wndition. Method to be used in keeping the dogs and/ot cats qui.et. H. An agreenent by the applicant that the presnises may be inspected by the City at all reasonable times. 4. Issuance of License. The City shall have discretion in determining whether or not to issue a license. In making such determination, the City shall take into oonsideration the adequacy of the housing, the runs for the animals, the method used for sanitation, the metl�od used to keep the animals quiet, the facilities for wnt�ining the animals and with particularity, any violations during the previous license period. �e annual license fee and expiration date shall be as provided in Chapter I1 of this Code. 6, License Revocation. If a lioense is granted and the applicant thereafter fails to oomply with the statanents made in the application or any other conditions reasonably i�osed, or violates any other provisions of this Chapter� the licensee shall be notified by mail and given ten (10) days to zenedy any defects or defaults. If such wndition is not ranedied in ten (10) days, a hearing shall be held after at least ten (10) days � mailed notice to the licensee. �yfpl The licensee and all other interested parties shall 13;ve the omor ��i y�,o be heard. If it shall appeaz that said kennel is not being properly maintained, the City may revoke the kennel lioense and the keeping of three (3) or more c3o9s, three (3) or more cats, or any oombi.nation of three (3) or more dogs and cats shall be imoediately discontin�d. �� //1driXz66l�X/�6r�`1 XK/�XX/�E/xb�X��/f��/�/X��/�/A�/Q�`/t��/�i4f/�X/X�k/��XX�� 1d!//X�Xd�/�Kk/#,��/i`,6/!dk/K�/,(ri/�GV�`�`�/�i/�i9Sk�fX�.`�f/�6rjdix`i6TS! !�!//�{r�/��X/�Y�!////// 16,!//XrX�/?��/r�/��'/P�1 �/Y�/I d�1 ��/bz'/�Z'��faiti/��/�dY�f/�iN,hb'/d�� e/Th`��. F,[//,�d/Yd✓, '/d�/XA�//s�d/��/�b'/dd.�St�1�! 101.15. ANIIR�I, Q011II2Q. QFFI(EEt 1. �ppointment. The City may appoint such person, persons or firm as the City may deem recessacy and advisable as Aninal. Caitrol OEfioec. Stich appointees shall work undez the supervision of the Fridley Police Depaztment and shall be responsible for the enfozcenent of this Chapter. 2. Duties. Aninal Control Of£icers are authorized to enforce the provisions of this Q�apter and other related ordinances, Chapters and statutes pertaining to animal control, including the issuance of citations. 3. Onlawful P.cts. It shall be unlawful for any unauthorized person to break into an animal shelter, or attenpt to do so, or to take or set free any animal taken by the Animal Control Offieet in the ¢�}t�dX,�fpf¢¢ c�nPc�rreme_n_t of this Chaptez, oz in any way interfere with, hinder or molest such Off icer in the discharge of his or her duty imder this Q�apter. 101.16. GUARD DOGS 1. Businesses located within the City and maintaining a guard dog for security purpoaes shall post notice at the entrance to the prenises warning of the presence of said dog. 2. Businesses maintaining a guard dog shall file with the City a release authorizing the police or fire de�rt�nents to shoot said dog in an emergency situation, if neoessary, in order to allow the police or fice fighters to gain adaittance to the prenises in the performance of their duties. 101.17. SEEII�G EYE DOGS Whenever a blind person aaoa�anied t� a"seeing eye" or guide dog presents himself/hetself for acoonnrodation or servioe on a� public ¢��f76¢7��fyf¢e/ tranGit vehicle or to aziy `�¢,� restauzant, store or other glace of business open to _��' � the public, it shall be imlawful for the �djC��`��`��`,� .4Se92L� �9er, aperator or anv �lovee of such vdiicle or place of business to cefuse acLnission to the dog ot service to the blind person. 101.18. QdTII.TY RU ANIl+Y�IS Minnesota Statutes 346.20 thcough 3A6.34 aze herehy adopted by ref erence and shall be in full force and effect in the City of Fridley as if set out here in full. 101.19. RFl.A7'ION ZO 0'II�R LAW Rhe prohibitions mntained in ti�is Chapter shall be in addition to any State oi Federal law regarding the sazne ot zelated subjects. 101.20. PS�AL7'IHS Any violation of this (�apter is a misdeneanoz and is subject to all penalties prwided for such violation imder the provisions of CY�apter 901 of this Code. pASSID AtID ADOFlID BY 241E CITY CXJUNCIL OF 4HE CITSC OF FRIDLEY �ILS J �AY OF , 1983. ATPFST: SILNEY C. II�A1�N - CITY Q,ERR Pirst Reading: Seoond Reading: Publish: RES,.33/0/3/32 �ii� WII,T,IAM 3. NEE - h41Y0R s. �, f� c;i� W: .,r . � • :it AN �II� ADOPTIl� A 2�I �APPII2 101 ENTITLID 'ANIMAL CONTROL" AND REPEALING OLD CHAPTERS 301 ENTITLED 'LIVFSIOQC 00@TiROL", 302 ENTITl,ED 'ANIMAL CONTROL", AND 303 E2TFPli•II) 'W7I,D BNINIl°iiS ArID BIRDS' OF THE PRIDLEY CITY �E IN 'iSEIR FNl'IREiY �a �� • • • u ��. r.•�• � r • 101.01 DEFINiTI(7N5 �e following definitions shall apply in the interpretati on and application of tl�is Q�apter and the following words and terms, wherever they occur in this Q�apter, aze defined as follaas: 1. Anim31. �p�,y � living creature gx�trt t►+e h�°n?n racp glpl�i¢�£k�¢ �� yb�X�7• 2. Anim31 Control Officer. Any individual designated by the City to enforce the provisions of this CY�apter, including all City police officers. 3. Animal Shelter. Any prenises desic�ated by the City for the purpose of impounding and caring for anim3ls held iu►der the authority of this Chaptez. The facility may be owred by the City or may be a contracted shelter service. 4. Animal. Tag. A tag prwided to individua].s who are issued a permit to maintain an anim31. 5. Birds. 6. Cat, Any animal of the feline species. +, • �• 8. Dog. Any anim3l of the canine species. . ..- - - . . - ...ti - . �. - • -� .��. ,. ., . � -- . ��. - ...� •�,• - -. . _ . _ - � _ � . .� . -� ��- .- -. . �- .. . ��.�� ..- • - •- �• ..,�- .: �. � �, •: -,n �- .,� . .��,- .- • r• -��- - 1 - • � ' •�. .�• '• lJ�" • ..1• • 1" •1 11- -• � � s � fnr Lt�11tV. 11. PEIIRlt. �e authority to keep an animal �� j`.�e/ ¢�fYf�yf$ ¢Id¢¢,itE¢ within the City of Fridley. n 12. Pet Shop. Any person, partnexship or corporation engaged in the business of breeding, buying, selling oz boarding ani.mals of any species. la. Roden�. A destrLCtive or nu�sz�ce -ni�t ;nc��d�nQ such ani��s as rats �ce mo�eG t �PC nd Oth2c w�ld nim�15 w��ch -re C19ROPm�ia t0 the �.21f�r2 Of the >>> 14. Veterinary Hospital, Any establishment maintained and operated b� a licensed veterinarian for the diacy�osis, rara and treatment of diseases and injuries of animals. 15. W�ld A*+ima15. �11 l;vj�q a� � not h��n, w�7d tn+ nature. 101.02. WII,D ANII�IS AtID BIItL1S It shall be imlawful for any person to himt, take, shoot, trap, kill, injure or attanpt to injure any wild animal ot bird within the City of FYidley by use of a firearm, bow and arrow, trap, poison or any other means. This prohibition, howevet, shall not prevent propecty owners or their agents from eradicating rodents on theit propezty h o�gh h �c of �n�po; sons or other SLCYI 7 dR'FLl mean� 101.03. LI`7E5'lOC:R �TIItLL 1. License Requirenent. No person shall engage in the keeping� raising, feeding or caring for livestock within the City limits of FYidley without first having obtained a license to do so. �fjf�i/1djf��T/�pfl�/3`�¢/�l`�1�/i�%X��D�/��/i�/�{�¢�� 1f¢�¢jl)fl (Ref. 86) 2. License Procedure. A, A license to keep livestock shall be granted only after written application, signed by the applicant, is filed with the City. The application shall state the applicant's full name and address, and oontain the n�m�ber and species of the livestock to be kept and a�t¢�¢�`��d��pf scaled s?te �1_an of the prenises showing the adjoining property and fence lineS. B. 1he Co�cil, in considering whether a livestock license should be granted, shall review the application and site glan to consider the nature of the livestock, the possible effect on adjoining properties, housing facilities, sanitation control and the effect on the general health, '�fP,ty and welfare of the p�lic. C. Any person keeping, raising, feeding or caring for horses, cattle, goats, sheep or swine shall provide no less than one (1) acre of open, �mused land for each anitrel. 3. LiCense Fee. �z� F � �e annual license fee and expiration date for a livestock license shall be as prwided in Chapter 11 of this Code. 1 4. Manure Renoval. Persons who keep animals within the City shall not allaa any odors which are offensive to the people inhabiting the City G�+�h that they const:tute a - - -. _ . _ . ,... .....-, '^_�"- "'-=---,._■ ,.s �v,., r;�., _�� Organic matter shall not be allowed to accwnulate for more than or�e (1) week at a time. However, ocganic matter shall be renwed more often than one (1) time per week if it is rtiecessary to eliminate any odors �h°* const�tute a nuisance_ 5. Aousing. Proper housing in the form of barns, coops or hutches shall be prwided in any azea where livestock are pezmitted to roam. Such housing shall be adequately fenced to insute that the livestock renain on the o�wnet's prenises. When livestock ate kept in an area that abuts or adjoins a residential area on which dwellings are erected, there shall be a strip of land at least thirty {30) feet wide between such abutting property and the area on which the livestock are kept. 6. inspection. Afly dUtYlOL1ZEf� A^�� n o� Officer of the City shall, at any reasonable time, be permitted upon the prenises where livestock ate kept for the puzpose of making inspection to determine c�npliance with this Chapter. Xl�X.ld,�.!//3�6/�// ioi.oa. �xn�. ruLSa�acE Fos the purpose of this Chapter, an��` ¢� an;mai nui�nce shall �/�¢p�(¢�T/�[�/¢�pi�tj!�f�¢/pI/yty(}��I¢¢/yiy(�y( �x � s t �nde r�y o f the f o Z low ina conditions- 1. When an��` ¢� �p;++�� is not oonfined to the owner's or custodian's property by adequate fencing or leashing. 2. When an� pi�` ¢�#.` �p;�� is off the prenises of the aaner or custodian and is not imder the control of the owner or custodian b� a leash. Such leash shall not exceed eight (6) feet in length. This prwision is not applicable whFn gi� �{ ¢�` a� ?n.'_n+.?t is in a motor vehicle. 3. WhPn an��` ¢)(j� ��mal commits damage to the person or property of anyore othez than the aaner, or creates a nuisance, a� defined i*+ th�s ctL�rter ot in �].�er 110� Pr?�if�P(] "Public Nuisance",_ of the City Code, upon the prc�erty of one other than the owner. �is prwision is not applicable when the yl�g/ �� ¢�(X �IIimdl is acting in defense of the owner, the owner 's family or the aaner's ptoperty. -3- �/YXY��X.��k` . 4. When a fenale ��{ ��lmdl is in heat � off the prenises of the owner, ia�less oonfined while being transported to or fran the pranises of the amer. Rhis prwision is applicable when a fenale �T�� 6�` ��X BIIimdl is in heat and is on the prenises of the owner, but is not kept in a building or aecure Pnclosure where it cannot be in oontact with other males of its kind, e�ocept for planned breeding. 5. When an �� }` ¢�(X �im31 barks, howls, cries or yelps so as to imnecessarily disturb or annoy any person or pezsons in the vicinity thereof, �� X ��Yl➢I� �� _�.�¢ �� or oth_ rwia . . . � tG "Rh1 ic h'�i�=-nce", 0 1� ; t� G^�e. 6. Whc�n an p� �}` ¢�.` s7uiID31 chases vehicles oi otherwise interferes with pedestxians, autanobiles, bicyles, motorcycles, motot bikes or snowmobiles on public streets, a11eYs. �2`�I�R�r 8152 *r;PC or hic�ways. 7, When an animal, where zewi"red, gT� �{ ¢�}.` has not been vaccinated against rabies within the preceding two (2) yeazs, �,l/, ,�,1//�/��A/,db�7'/a'�v�/,�b,�iy'/d'd�/�#t�!/i�itr4�fa'Y/.a,b'i��/,4�//�� A3�X��¢¢/��/,�'a'/�1'�/�ij,4'k'�'x��/At/itfi'a'/t��`��/��/�Y��'x��'/X� k4��1f/�e�X�t�1/�/l'��• at /easf !Q marr� o�Faq� - 8. When thtee (3) or more dogs�ee (3) or more cats or anv �ry-^-��nation of rhre? (31 or more doas and cats aze kept on the same prenises, imless a kennel license is obtained in the appropriate zone fot that use and the require�nents of Section 101.15 are canplied with. 9,!//X/L��Yf/i�i�47�1�`/l�/F�/�1�/R`i��`/56��/'��/I��/�/��/��-`l�/16�/�dY¢3f •- ..:� . .K - - 101.05. DOG 1. Permit. A. No person shall am, keep or harbor any dog over the age of six (6) months within the City imless a permit therefor has been secured. Permit certificates shall be issued by tY�e City upon proof of rabies vaccination within the preceding two (2) years. Issuance of new permits for the _y- > license year shall camrence as set forth in C�apter 11 of this Code. In April of each year, the City may publish notice in the official newspaper of the reed to �y such peunit registration fee. B. The applicant for permit must sign and agree that he or she is prepared to oomply with regulations established by the City. It shall be the duty of each person owning, keeping or harboring a dog to pay the permit fee established by the City on or before the first day of the permit year, or upon establishing residence in the City. Upon payment of the permit fee, the City shall execute a receipt in duplicate, the original of which shall be delivered to the person who pays the fee and the duplicate retained in the City records. At a miniminn, the receipt shall describe the dog as to breed, age, color, owner and owner's address. C. No pezmit shall be requited of any hwnane society, vetezinary hospital or laboratory. 2. Tag. A, in addition to the permit, a tag, tY�e shape or color of which shall be different for each registration year, shall be issued by the City. The avner shall affix the tag, 1� a permanent meta.l fastener, to the oollar or harness of the registered dog in such a manner so that the tag may be seen. The awner shall see to it that the tag is constantly worn by the dog, In case any tag is lost, a duplicate may be issued b3 the City upon representation of a receipt showing the payirent of the permit fee for the current year. A charge, as prwided by (�apter 11 of this Code, shall be m�de for each duplicate tag. If at t2�e time of initial registration a dog �is due to be vaccinated within the next six (6) month period, then a new vaccination shall be required before a peLmit is issued. B. It shall be imlawful to wunterfeit or attanpt to counterfeit a dog C. Dog tags shall not be transferable and no refimds shall be made on a permit fee because af leaving the City or death of the dog. 101.06. REW(Z�TIDN 1. An animal permit may be rwoked if: A. �he person holding the permit refuses or fails to comply with �he. prwisions of this Chapter, any other regulations pranulgated by the City or aziy state or local law governing cruelty to animals or the keeping of animals. s. An owner fails to provide the animal with �`�d��¢�1�yfx �yi�gi �f� 3�'�X¢�1� n�'p-��rv food� water, shelter� �61`�Y�1J�� .��1� L`1'1� 3��1��¢l" veteri.nary care and h�aoane care and treatment. G An arrer overdrives, overloads, overworks, tortures, ill treats, torments� nealects or tanit�tifia��y injy,rrg� maims� �tilat?G or cruellv works an an;�l whe� �nfit for Lhnr, or otYieiwise abuses any aninal. D. An o�wner causes or petmits any dog fight, cock fight, bull fight or other oombat between animals or between animals and hw�ns. E. An owrer violates the teans of tY�is Chapter three (3) times within ore (1) permit year. _ �� 2. Any person whose pernut is revoked shall, within fiftePn (15) days, renove such animal(s) pennanently fran the City or h�unanely dispose of the animal(s) cited in the violation as being owred, kept or hazbored b� such person and no part of the permit fee shall be refunded. In addition, the owner may be liable to court action ta�dez tl�is C.ode, State Statutes and local laws for any of the actions cited above. 3. If a permit is revoked, no new permit may be issued f or a period of one (1) year frcm date the permit is revoked. 101.07. �PIONS Section 101.05 af this Q�apter tequiring norrresidents of the City who are keeping the anim3ls of such owners shall tae kept (30) davs and the ani�ls are kept under .�.�7�- �- i t• ^�a. Rhe annual permit fee and of this Code. Neutered or fee as prwided in (1�apter 101.09. ID4POfJrIDII� 1. Generally. 2. a permit and tag shall not apply to only domestic pets, provided that in the City no longer than thirty restraint. �¢/��b`�'➢�1�/�X/�� e�iration date shall be as provided in Chaptez 11 spayed aninais shall qualify for a reduced permit 11 of this Code. A, 'SYIe Animal Contzol Officer shall take up and impound any animals requiring permits or tags found in the City without the tags; or any anima].s which aze in violation of any of the othez provisions of this (1�apter. Animals shall be impo�ded in an anim3l shelter and confined in a h�mane manner. Impoimded aninel.s shall be kept for not less than five (5) days, including Simdays and Aolidays, imless reclaimed by their aar�ers. B. If an animal is found at latge and the ownet or custodian can be identified, the Anim31 Control Offioer may proceed against the owner for violation of this Chapter. C. The Animal Control Officer may enter upon any public or private ptenises by watrant or as otheraise pzovided by law when such officer is in reasonable pursuit of his or her duties. D. Upon takinq and i�o�mding any anim31 as provided in this Animal Control Officer shall imrediately notify the owner, if the City Police Department. The Animal Contzol Off icez Deg3rtrnent shall maintain a record of animals so i�ounded. Claimin4 an 7mpounded Animal. (�apter, the known, and and Police A. in the instance of animals for which the owner does not have a required petmit or tag, the Animal Cantrol Officer shall not return such animal to the owner w�til a permit and tag have been purchased from the City or from the Animal Control Officer. 7.Y�e Animal Control Officer shall renit to the City the sun paid for the permit and/or tag �1 ,�i� #'� t��l` l� � F��f $� ��` �',�i-`,��.i f`� ¢$�1' �R ��1�-'�� fuinish the City with all necessary information pertaininq to said purchase including a oop�r of ariy pecmit cectificate issued in oon�rection thecewith. .- 6 - 1 B, The ok er of the imn��*+ded nimat shall nav the Animal Control Officer ¢�(XX I� 1��T ?�1f ?� �1$ �¢� an impoundi.n9 fee. $Xk� �¢¢� �� `� �o/� �aIR�Y �if f� � �J� � � �� 1�7"i� 1�1�R�. The Animal Control Officer shall tutn over to the City any impounding fees received. 7Y�e City shall place such fees in the general fimd of the City. C. If a rabies vaccination is sequired and the awner rannot produce proof that the animal has had a rabies vacci.nation within the preoeding two (2) years, the Anitrel Control Offioer shall �i�¢¢��¢ ^G �r �- such dog or other aninel. yS vaccinated for zabies as a condition of release to the owner. 7Y�e animal's owner shall pay to the Animal Control Offioer the oost of the inmimization. D, The os,mer of t►+e ��TM� ani++�l ahat i a� o p�y the Animal Control officer �►b¢ ¢�T� �,� x}# �XIs/ yl�byf¢�` the cost of feed and care for each day the animal is ¢�yf,�,i'yfy�g7 i�91Yl�d in the �y�T a.,;,,,ai ct,Pir . 3. Unclaimed 7mpounded Aniimis. Any animal which is not claimed within five (5) days after having been im�oimded, including Simdays or Holidays, may be requested and claimed by a licensed educational or scientific institution under Minnesota Statutes Section 35.71. If not so requested and claimed, the animal may be sold foz not less than the a�namt of the total charges accrued against the animal in accord�nce with the provisions of this Chapter. All sums received by the Anim31 Control OEficer, gr,� *hP mat of feed a�; �e and anv �ncc�nat�ons 9r immini�atio . a ini ed t0 h_ nimal� �yll b2 LHRlt� t0 th2 Clty drid placed into the general fimd of the City. Any ani�l which is not claimed by the awryer, a licensed educational or scientific institution or sold, shall be painlessly put to death and properly disposed of by the Animal Control Officer. Zhe time af sale ot othec disposition of the animal shall be at least 120 hours after notice has been given to the animal's owner by the Anim31 Control OFficer, The prwisions of notification to the aaner do not agply when the oranec cannot be reasonably ascertair�ed. 101.10. ANII�AL BITR�� QUARANTfII� 1. Any petson bitten or knaaing of a htm�an being �d�x who haG bean bitten b� a dog, cat, racoon, skunk or other species susceptible to rabies shall imiediately notify the Animal C�trol Officer or Police Department. Whenever such an animal has bitten any person, the owner oz custodian of the animal, jf2(76,trpl� w¢,¢_r( after beina so notified by the Animal Control Officer or the Police Depari�nent, shall imnediately cause said animal to be quarantined at the City of Fridle� contract }C¢ylyi¢x ,f�i¢�X� ani�+?1 shelter or at a licensed veteri.nary hospital or kennel for a period of fourteen (14) days after such person has been bitten. During the quarantine period, said animal shall be kept imdez observation to deternune its condition and if it is found to be sick or diseased, the operator of the quarantine facility shall i�mnediately teport in writing to tl�e Police Department and the Fridley Animal Control Offioer the condition of the anim3l. �e Animal Control Officer shall then take necessary steps to determine if the anim3l is suffering fran rabies. quatantine peciod the animal sha].1 not be r�noved from the designated quarantine facility except b� special writiten permission from the Minnesota Livestock Sanitary Board and the fYidley Aniirel Control Officer. The owner of an animal shall be zesponsible for the cost of quazantine. 3. 7he quarantine zequired t�+ this section shall not be necessary and the - 7� requirements shall be waived if the custodian � own o£ the animal, i�nnediately upon �`¢F.¢` �� p;� ?� i'�� `¢�¢�t`� ��l�¢ nQ* i f i rat i nn tha t h; G or her ar+imai h� b�tten sameone. presents to the Animal Control Officer or Police Department, the certificate of an authorized veterinarian that the anim�l was vaccinated £or rabies on a date not less than two (2) years prior to the date of ¢��Yi yf�X�¢¢ �,hP b� �na, such animal so esempt shall be quarantined on the prenises of the awner, imder strict contsol, for a period of fourteen (14) days for the purpose of observat,i.on for symptams of disease. �e Aninel Control Officet is authorized to conduct a mid-term and terminal p��+^+*+ation of the anitml. 4. It shall be imlawful for any person, other than an Aninel Control Off icer, to kill or destroy ariy animal foiu�d rimnin9 at large in the City. No Animal Contsol Officer or othez peison shall kill, oz cause to be killed any animal suspected of being rabid, except after the animal has been placed in quazantine and the diacyiosis of cabies mac3e, 101.11. VICIOQS ANIl+P�T� No person shall keep or alla,� to be kept �¢,Tj(¢� in the City any animal of a vicious character, habit or disposition or any anina]. wild by nature. Any cbg or other anim�7. may be c7eened to be vicious upon the occurrence of two (2) �. mDre �iY�� b;t;na oc..�,rencas within 365 calendar days. ...._..,.....,.. ._ ............. Upon conviction for the violation of this Section, the Court may in addition to imposition of sentence, direct the Animal Contcol Officer to take the animal in question into custody and forthwith dispose of yr in a h�mane _IDaBIISr- � �1� 1� 1� � ��`�� l� l� ��`7f �� 3`�R�¢� 101.12. dOi�LAIIJi5 Any pezson oomplaining to the Police De�rtrnent that an animal is allegedly running at large or otheiwise wnstituting a danger or nuisance shall identify himself oz hexself upon iequest and shall make every reasonable att�npt to assist the authorities in identifying the anim3l and its owner or custodian. 101.13. lIIZZLING Whenever the prevalence of hydrophobia renders such action necessary to protect the public health, safety an�? welfare the Mayor shall issue a proclamation ordering every person owning or keeping �( �]�� an animal �CI]R[`Prn'Lhie to rah�es � confineSl �X securely on tl�eir prenises unless it is muzzled so that it cannot bite. No person shall violate the procl�nation, and any unmuzzled �yS� �d1 running at large during the time fixed in the proclamation shall be imrediatPly put to death by the Animal Control Officer without notice to the ownez. 101.14. I�6 1. License Requizenent. No pezson shal.l keep o[ maintain a kennel in the City exrept upon obtaining a kennel license oonsistent with the zoning requirenents of this Code. 2. License Application. Application for a kennel license shall be made on forms prwided by the City. S1�ch application shall contain the follaaing information: A. Location, on the pranises, of the kenrel. �8_ B. LocatiQn of stsuctures for housing the dogs and/or cats. If the dogs and/or cats are to be kept primarily within the ha� or other building of the r�idence of the apglicant or of any other person, the application shall so state. C. Zhe maximan nim�ber of dogs, cats or any combination thereof, to be kept on Yhe prenises. D. �e distance of any ��14� r�n area� or housinq for dogs end�or cats frcm any building structures suitable for human habitation, or a public place where food is bought, stored or eaten, This distance shall be a minimm of 200 feet. E. �e prenises £oi any si� le plan showing t fencing must be af such the do9s and/or cats. keeping of dogs �,n�7�o = G shall be fenced and a ze location of fencing shall be furnished, The quality �yS � a� deS�an so that it �ri1_1_ contain F. Method to be used in keeping the Fx enises in a sanitary condition. G. Method to be used in keeping the dogs and/or cats quiet. H. An agreenent by the apglicant that the pr �nises may be inspected by t2�e City at all reasonable times. 4. Issuance of License. The City shall have discretion in determining whether or not to issue a license. In making such determination, the City shall take into consideration the adequacy of the housing, the runs for the animals, the method used foz sanitation, the method used to keep the animals quiet, the facilities for wntaining the animals and with particularity, any violations during the previous license period. �e annual license fee and e�iration date shall be as provided in Chapter 11 of this Code. 6. License Revocation. If a license is gzanted and tl�e applicant thereaftec fails to oaaply with the statenents made in the application or any other conditions reasonably imposed, or violates any other provisions of this Chapter, the licensee shall be notified by mail and given t� (10) days to ranedy any defects or defaults. i£ such cordition is not ranedied in ten (10) days, a heating shall be held aftez at least t� (10) days af pr m�iled notioe to the licensee. �y(�T The licensee and all other interested parties shall �a� r_he orx�r*_��nity�o_ be heard. If it shall appear that said kennel is not being properly maintained, the City may revoke the kennel license and the keeping of three (3? or more dogs, three (3) or more cats, or any oombination of three (3) or more dogs and cats shall be imoediately discontinued. -9- x,�ii�,�v�arc�r x�,�.czxr�i�,�r✓��i�rx�,�;�i�i,��ri�t��r��r�i��xz,��,r �t!!/]�XX�/�kf#,6f��Ea/:�`,b/k�/K,�.`/1rS/ibt/��Ib�/�6rpf�F�fX�f/,d��iaiii�ibri! �!/IB�r�/�X,�X/�kllll//I �l!l1�XXA�/�M�t�/��/�7�/X1lX�ik/b�/�'�N/a�ii�r�rsk/,�U�#dY�f/�bN�'/�i'� 7�Ne/1�,b��r�. � � �� .. �•.. ... �;�. 1. Aj�pointment. The City may appoint such person, persons or fitm as the City may deem necessary and advisable as Animal Control Officer. Such appointees shall work under the supervision of the Fridley Police Depactment and shall be responsible for the enforcenent of this Chapter. 2. Duties. Anim31 Control Officers are authorized to enforce the provisions of this Cl�aptet and other related ordinances, Chapters and statutes pertaining to animal. control, including the issuance of citations. 3. Unlawfttl Acts. It shall be unlawful for any unauthorized person shelter, or attsnpt to do so, or to take or set free Animal Control Officer in the ¢��x,�Ipf¢¢ �fo m-n any way interfere with, hinder or molest such Offioe or het duty ia,dez this Chapter. 101.16. Q1P,RD DOGu to break into an animal any animal taken by the rr of this Chapter, oz in r in the discharge of his 1, Businesses located within the City and maintaining a guard dog f oz security purposes shall post notice at the entrance to the prenises warning of the presence of said dog. 2. Businesses maintaining a guard dog shall file with the City a release authorizing the police or fire deg3rtments to shoot said dog in an emezgency situation, if �cessary, in order to allow the police or fire fighters to gain admittance to the prenises in the performance of their duties. 101.17. � EYE DOGS Whenever a blind pezson accampenied tr3 a"seeing eye" or guide dog ptesents himself/herself for acoommociation or service on any public ¢gfyfj6¢��fyf¢e/ transit vehicle or to any ¢�¢,j restaurant, store or other place of business open to �/�' � the public, it shall be unlawful for the �{��6�`��`/ 9r,IDeL� mar�a9er, operator or anv a�lovee of such vehicle or glace of business to ref use admission to the dog os setvice to the blind person. ioiaa. aao��TSr � �ru�s Minresota Statutes 346.20 through 346.34 aze hereb3 adopted by reference and shall be in full force and effect in the City of Fzidley as if aet out hete in full. 101.19. REi,A77AN � 0'�t LAW 7l�e prohi.bitions contained in this Chapter shall be in addition to any State or Pederal law regarding the same or related s�jects. 101.20. P�IALTII�S Any violation of this Chapter is a misdeneanor and is subject to all penalties pravided for such violation �mder the prwisions of Q�apter 901 of this Code. PASSID ADID AiIOPTID BY 'iHE CITY �UNCII� OF ZTiE QTY OF FRIDLEX g1LS _�1X OF , 1983. ATPES'P: SIDNEY C. IN[�t3 - CITY CS,ERK First Reading: Second Reading: Publish: RII33/0/3/32 �/f � WZLLIAM J. NEE - IR�,YOR ,MY4 •' �: 11 :+'1 lISMORAHDOlL 7C)t PI,ANNII�7G QOtR+1LSS7AN l43��ERS DF.�Piit�2� HF1�D6 FIiCM: RAY TLS�,ER R[R�T,� LH('aAL II�llF.RN �-C l�u _.L� �� S�.7H(.T: 1lNIl�i, OOLIIIKH. CHiDIAP�id(E IIL7E; ADC�SP 22, 1983 Since the last meeting of August 10, 1963, the follaaing major changes in the Animal Control Ordinance have be� incorporated. A, Definitions of Birds� Rod�nts and Wild Aninals aze added. 8. Section 101.03.2C Livestock Control is ac3ded to prohibit the keeping of a lar9e animal on less than one (1) acre of unused land. This is the cecrnm�rdation of the Aim�ane Society. C. The �p�L Section 101.04 Dog Control is deleted and becomes 101.04.9. D. 4hree additions to 101.04 Animal Nuisance: 1. Section 101.04(10)is a broad statanent of responsibility to clean up after an anima].. 2. Section 101.04�11)pertains to an animal defecating on another's Properh'• 3. Section 101.04(12)sets fozth the sesponsibility to clean up af ter an animal. when on a park or public land, as well as to possess the means to do so. All t2�zee additions were modeled after Minneapolis ordinances. E. These Sections are changed as discussed at the last meeting: 1. Section I01.05.28 Dog Registration 2. Section 101.11 Vicious Animals c�c aF Pxmr.� MSlSURANDOM 'lU: Pl.At1PIII�U" OCYM7ISSI,CIN ME�F�tS DEPAit1T�1�'P HF.AAS FSiC74: RAY TIS��[2 RUi�i+� I�X'�AL Il�TF�2N �� 1�-�i �-G. ,. � u�7F7CP: HNIl�lAL dONIItLS� ORUII�Nf� I�A7�; AiJ6UST 22� 1983 Since the last meeting of August 10, 1983, the folla+ing majos changes in the Animal Control Ordinance have be� incorporated. A. Definitions of Birdsr Rodents and Wild Animals aze added. B. Section 101.03.2C Livestock Control is added to prohibit the keeping of a large animal on less than one il) acre of unused land. This is the recaemnPrdation of the Hlmiane Society. C. The f4�L Section 101.04 Dog Control is deleted and bec�nes 101.04,9. D. Zhree additions to 101.04 Animal Nuisance: 1. Section 101.04(10)is a broad statenent of responsibility to clean up after an animzl.. 2. Section 101.04I11)pertains to an animal defecating on another's ProPerty 3. Section 101.04(12)sets fozth the responsibility to clean up after an anirnal when on a park or public land, as well as to possess the means to do so. All three additions were maleled after Minneapolis ordinances. E. 71�ese Sections aze changed as discussed at the last meeting: 1. Section 101.05.2B Dog Registration 2. Section 101.11 Vicious Animals � G=�,.�...�.-�-- �Y'�-� � ��3 � � � G��%�..,-v ��' `�J�--- < ,�— , �l �1 e��.,w.:�,�,. � . G� � �� Gc+.� �cuo,�,�. � � p �/r��- � ��".�'�� o ,�� 6�5� �c�� . I`3�,��' Gf,� �� . ss�� .t��- ssu3 z 2�� C o . .�'� D � �� ' �G yo c� �7� �,.� 3a� r+� v �s - siw`•,.,., , �� ± CITY OF FRIDLEY PLANNING COMMISSIOfJ MEETING - AUGUST 24, 1983 CALL TO ORDER: Chairwoman Schnabel called the August 24, 1983, Planning Commission meeting to order at 7:37 p.m. ROLL CALL: Members Present: Ms. Schnabel, Mr. Oquist, Mr. Saba, Ms. Gabel, Mr. Svanda, Mr. Goodspeed, Mr. Kondrick Mernbers A6sent: None Others Present: Jerrold Boardman, City Planner Benjamin Rischall, 6656 Flag Ave. No., Brooklyn Park Marvin Rischall, 1540 Laurel Ave., St. Paul John F. Haines, Unity Medical Center, 550 Osborne Road Dan Rarson, 740 County Rd. D W. D, Horn, Amoco Oil Co., 4640 W. 77th,Suite 328, Mpls. APPROVAL OF AUGUST 10, 1983 PLANNING COMMISSION MINUTES: MOTION BY MR. KONDRICK� SECONDED BY MR. OQUIST� TO APPROVE THE AUGUST Z0� 1983� PLANNING COMMISSION MINUTES AS WRITTEN, UPON R VOICE VOTE� ALL VOTING AYE� CHAIRWQMAN SCHNABEL DECLARED THE MOTION CAi2RIED UNANIMOUSLY. 1. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #83-06, UNITED STORES: er ec ion . , e, , o t e r� ey � y o e, o a ow re ai sales in the open and not under cover of a display salesroom, on Lot 3, Block 1, Target Addition, the same being 785 53rd Avenue N.E. MOTION BY MR, SABA� SECONDED BY MS. GABEL� TO OPEN THE PUBLIC HEARING ON SP �83-06 BY UNITED STORES. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 7:40 P.M. � Mr, Boardman stated United Stores is requesting an outside tent area in which to display merchandise about three times a year during the summer months, United Stores would like a permit that was on an ongoing basis that would not require actual approval every time they have a sale and want to erect the tent. Mr. Boardman stated that if this special use permit is granted, Staff would like to see some kind of structured timetable and some kind of condition PLANNING COMMISSION MEETING; AUGUST 24 1983 PAGE 2 limiting the tent to an "x" amount of times during the promotional period or the surrrner months. Other than that, Staff had no specific problems with the approval of the special use permit. He stated representatives from United Stores were in the audience to answer questions. Mr. Rischall, Merchandise Manager for United Stores, stated the special use permit they are requesting is for the erection of a large tent, about 20' x 30' in which they would set up tables and have, for example, a jeans sale, Since United Stores would like to do this on an ongoing basis, about 2-3 times a year, they would like to have a special use permit that was on an ongoing basis so they would not have to continue to get permits each time they have a sale. Normally, their sales run four days--Thurs., Fri., Sat., Sun,--and then the big tent would be taken down until another sale. Mr. Rischall stated they have been displaying camping style tents on their front law during the sumner, and they would like to continue to do that. The tents are put up on the lawn during the day and taken down after the store closes. Mr. Boardman stated the tent itself is not the question. What actually requires the special use permit is outside sales. If United Stores is going to continue to have an outside display area and that display area is going to continue throughout the sumner, regardless of whether a tent goes up or not, the actual special use permit is for an outside display area. Also, if United Stores is going to continue to display their camping tents in a displ�y area outside for the entire sumner, what would be required is a special use permit for outside display during the surrmer months. He would suggest that both issues be handled at the same time as an outside display area. Ms. Gabel asked Mr, Rischall if he would have any problem if United Stores was limited to three times a year for the erection of the large tent. Mr. Rishcall stated he would have no problem as long as they could continue to put their camping tents up and down throughout the summer. Mr. Rischall stated they have made every effort to keep the area clean and looking nice. It is their headquarters, and they want to keep it nice. Mr. Saba stated he felt everything that United Stores has displayed on their front lawn has been handled in good taste, and he had no problem with granting the special use permii. Mr. Svanda agreed. PLANNING COMMISSION MEETING, AUGUST 24 1983 PAGE 3 MOTION BY MR. SABA� SECONDED BY MR. KONDRICK� TO CLOSE THE PUBLIC HEARING ON SP #83-06 BY UNITED STORES. UPON A VOICE VOTE� RLL VOTING AYE� CHA7RWOMAN SCH%ABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:52 P.M. Mr. Oquist stated the fact that United Stores takes down the camping tents every night keeps the grassy areas from turning brown. Mr. 6oardman recommended there 6e an ongoing review process at the Staff level to review the nature of the activities going on in the sales area. Mr. Goodspeed suggested that they limit the large tent to a number of days per year rather than number of times per year. L.imiting the number of times per year could be understood that from June 1 to Aug. 30 was one time. Using nurr�er of days per year would give United Stores more leeway and at the same time would set a definiiion. Mr. Rischall stated he had no problem with that. MOTION BY MR. SABA, SECONDED BY MR. KONDRICK�.TO RECOF7MEND TO CITY COUNCIL APPROVAL OF REQUEST FOR A 5PECIRL USE PERMIT� SP �83-06� UNITED STORES� PER SECTION 205.101, (B) e, (N), OF SHE FRIDLEY CITY COUE, TO ALIAW RETAIL SALES IN TXE OPEN AND NOT UNDER COVER OF A DISPLAY SALESRODM� ON LOT 3� BLOCK I� TARGET ADDITION, THE 5AME BEING 785 53RD AVENUE N.E.� WITX THE FOLLOWING STIPULATSONS: � � 1. THE SPECIAL USE PERMIT CONTINUE ON RN ONGOTNG BASIS WITH YEARLY STAFF REVIEW. 2. THE ERECTION OF THE LARGE TENT BE LIPIITED TO A TOTAL OF 16 DAYS PER YEAR. 3. TO ALLOW THE DISPLAY OF CAMPING GEAR-AND TENTS OUTSIDE TO BE SET UP AND TAKEN D6WN IX]RING STORE HOURS. UPOP1 A VOICE VOTE� ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr, Boardman stated this item would go to City Council on Sept. 12. 2. PUBLIC HEARING: RE UEST FOR A SPECIAL USE PERMIT, SP #83-07, STANDARD OIL TI : Per Section 205.131 A, 3 A, of t e Fri ley City Co e, to a�ow the installation of a car wash facility in an existing bay, located on Lot 1, Block 1, Lampert's Addition, the same being 7680 Highway #65 N.E. MOTION BY MR. KONDRICK, SECONDED BY MR, SABA� TO OPEN THE PUBLIC HARING ON SP Jf83-07 BY SSANDARD OIL.STATZON, UPON A VOICE VOTE�ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT B:OZ P.M. � PLANNING COMMISSION MEETING, AUGUST 24, 1983 PAGE 4 Mr, Boardman stated this station is located on the corner of Osborne Road at Highway �65, just east of the VFW Club and north of Lampert Lumber Co. Part of this property is leased f�r parking to the VFW so there is parking across the back of the property, Under city code requirements, any installa- tion of any car wash faci]ity in a gas station requires a special use permit. Mr, Boardman stated that if the special use permit is granted, there are some stipulations Staff would like placed on the special use permit. 1. That there be a landscaping plan--that Standard Oil work with City Staff to develop an acceptable landscaping ptan. 2. A 15' sanitary sewer easement be retained along the south side of the property. The reason for the easement is that sewer comes in behind the VFW, but the properties to the south are not serviced by sewer. i�lr. W. D. Horn stated he is the Maintenance Supervisor for Standerd Oil. He stated there is limited room as far as landscaping is concerned because most of the property is in the blacktop parking area; however, he had no problem with working with the City on a landscaping plan. He also saw no problem with the sewer easement because no construction was projected in that area in the future. Ms. Schnabel asked if any special remodeling was necessary for the installation of the car wash, Mr. Horn stated there was a stall already in the building that had been a storage area. There was a modification to the ceiling, walls, and floor for water power, but there was no structural change, The drain was updated along with the installation of an inflamnable trap. M(YlZON BY MR. KONDRICK� SECONDED BY MR. SABA� TO CL0.SE TXE PUBLIC HEARING ON SP N83-07 BY STANDRRD OIL. UPON A VOICE VOTE� RLL VOTING AYE, CHAIRWOMRN SCXNABEL DECLARED THE PUBLIC HEARING CL0.5ED AT 8;21 P.M. MOTZON BY FII2. KONDRICK� SECONDED BY MR, OQUIST, TO RECOMMEND TO CITY COUNCZL APPROVAL OF REQUEST FOR R SPECIAL USE PERMIT� SP iI83-07� STANDARD OZL STATION� PER SECTION 205.S3Z (R), 3(A)� OF THE FRIDLEY CITY CODE� TO ALIAW TXE INSTRLLA- TSON OF R CRR WASX FACILITY IN AN EXISTING BRY, LOCRTED ON LOT 1, BLOCK 1, LAAlPERT'S ADDITION, T'HE SAME BEING 7680 HIGHWAY N65 N.E.� WZTH TXE FOLLOWING STIPULATIONS: I. THE PETITZONER WORK WITH CITY STAFF ON LANASCAPING PLANS 2. A Z5 FT. SANITARY SEWER EASEMENT BE RETAINED ON THE SOUTH SIDE OF THE PROPERTY. PLANNING GOMMISSION MEETING, AUGUST 24 1983 PAGE 5 3. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECI�RED THE MOTION CARRIED UNANIMOUSLY. Mr. Boardman stated th9s item would go to City Council on Sept, 12. SPECIAL USE PERMIT. SP #83-08. BY TIMCO wivaiKUCiiurv: Ner section zu5,uii, s, �r),ot the Fridley G1ty Gode, to allow the construction of a 80 ft, by 204 ft. (43,854 sq. ft.) expansion of an existing clinic in R-1 zoning, located on Parcel 2400, in the North half of Section 71, the same being 500 Osborne Road N,E. MOTION BY MR. OQUIST� SECONDED BY MS. GABEL� TO OPEN THE PUBLIC HEARING ON SP N83-08 BY TIMCO CONSTRUCTION. UPON A VOICE VOTE� ALL�VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 8;14 P.M. � Mr. Boardman stated that at their last meeting, the Planning Com�nission granted a vacation to Timco Construction. Because this is R-1 zoning, even though it is a hospital district, a clinic is allowed with a special use permit. So, any additions or developments within this area require a special use permit, other than the uses an R-1 district allows. Mr, Boardman stated that because the specia7 use permit requires a pub7ic hearing before Planning Commission and a vacation is not a public hearing before the Planning Commission but is a public hearing before the City Council, they are trying to balance both requests so they go to the City Council at the same time. So, both the vacation request and the special use permit request will be going to City Council on Sept, 12. Mr, Boardman stated Mr. John Naines was in the audience to answer any specific questions. Mr. Boardman asked if there was going to be any shared parking with the hospital. Mr. Haines stated there can be if the requirement is there. He has not yet t�een told by Timco if it is required. North Suburban Hospital Board has already agreed to sublet whatever parking is required, if any. Mr. Haines presented the drainage plan to Mr, Boardman at the meeting. Mr. Boardman stated Staff Will review the drainage plan. Mr. Haines stated the Planning Commission might be interested to know that right now about one-third of the new space will be used by current tenants, There has been great interest from others who want to expand. He stated they want space for at least three years (and they don't know if the space will even 7ast that long) so they can attract new types of specialists as they become available. PLANNING COMMISSION MEETING, AUGUST 24 1983 PAGE 6 MOTION BY MR, OQUIST� SECONDED BY ME2. GOODSPEED� TO CLOSE THE PUBLIC HEARING ON SP #83-08 BY TIMCO CONSTRUCTION. UPON R I/OICE VOTE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CZASED AT 8:22 P.M. � MOTION BY MR. OQUIST� SECONDED BY MR. SVANDA� TO RECOMMEND TO CSTY COUNCIL APPROVAL OF A REQUEST�FOR A SPECIAL USE PERMIT� SP �83-08� BY TSMCO CONSTRUC- TTON� PER SECTION 205.071� 3� (F}� OF THE FRIDLEY CTSY CODE� TO ALLOW THE CONSTRUCTION OF AN 80 FT. BY 204 FT. (43�854 SQ.� FT,) EXPANSZON OF AN EXIST- ING CLINIC IN R-Z�ZONING� LOCATED ON PARCEL.2400� IN THE NORTH HALF OF SECTION II, THE SAME BEING 500 O5BORNE ROAD�N.E. � UPON A VOICE VOTE� ALL VOTSNG AYE, CHAIRWOMAN SCXNABEL DECLAI2ED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated it should 6e noted in the minutes that there was no one in the audience opposed to this request. 4. CONSIDERAT Mr. Boardman stated that under State Law, any modification to a redevelop- ment district, not a tax increment district, but a redevelopment district, requires a review by the planning agency (Planning Comnission) with a comment coming from the planning agency to the City Council on how the document fits within the comprehensive plan. Mr. Boardman stated the HRA has approved the Modification to the redevelopment districts that are established, That modification, although it doesn't change the document or the content of the document, combines the Center Gity Redevelop- ment Project with the Moore Lake Project with the North Area Project. The reasoning behind that is the HRA is looking at estabiishing a General Reserve System. In order to utilize tax increment funds in a General Reserve System and in order to use a General Reserve System effectively in all three districts, they have to set up one district and any additions to any project will be part of that one district, If the HRA didn't do this and wanted to use the General Reserve System, they would have to set up a General Reserve System for each specific area. That would probably make the Goneral Reserve System a useless document. Mr. Boardman stated the modification sets up all area as one redevelopment project area, but it still leaves separate tax increment districts, so the Center City Tax Increment Dist, is now Tax lncrement #1, the Moore Lake Tax Increment Dist, is now Tax Increment #2, and the North Area Tax Increment Dist, is Tax Increment #3. This allows the HRA maximum flexibility with those dollars within the redevelopment area. PZANNING COMMISSION hEETING RUGUST 24 1983 PAGE 7 Mr, Boardman stated the Planning Canmission has received the HRA minutes and the discussions on the General Reserve System, Essentially, the 6eneral Reserve System is a �ool of funds used to secure industrial development bonds. The more secure the bonds become, the lower the interest rates on the bonds. It is a rool that the HRA can use in the present competive market. the NRA has received positive comnents from the City Council on this program. Ms. Schnabel asked how this modification related to the specifics in the Co�rehensive Plan, Mr, Boardman stated he had written a memo to the Planning Comnission (N60-f3), He stated he did go through the Comprehensive P1an and in the memo he out- lined the sections he felt specifically related to the modification, He also reviewed the Comprehensive Plan for anything that would have been negative for this financing technique or restrict this amendment, Quite frankly, the Comprehensive Plan does not restrict it, However, there are policies and goals that cover the areas they are talking about and those areas do not conflict with the Comprehensive Plan. MOTION BY MZ. KONDRICK� SECONDED BY MR. OQUZST, TO CONCUR WITH RESOLUTION NO. 1- Z9B3, "A RESOLUTION OF THE PLANNING COMMISSION OF TXE CITY CF FRIDLEY FZNDING THE FRIDL£Y NOUSZNG AND REDEVELOPMENT AUTHORITY'S MODIFIED REDEVEZAP- MENT�PLAN ZS CONSISTENT WZTH THE COMPREHENSIVE DEVELOPXENT PLAN OF THE CSTY OF FRIDLEY. OPON A VOICE VOTE� ALL VOTSNG RYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRZED UNANZMOUSLY. 5. CONTINUED: AN ORDINANCE ADOPTING A NEW CHAPTER 101 ENTI7LED "ANIMAL CONTROL" Mr, Boardman stated the Cortmission members had received the revised ordinance which incorporated the changes made at the last P7anning Commission meeting, kle stated there was still one question and that was the issue of vaccination and licensing of dogs. He stated he would like the Planning Commission to pass this on to City Council with that issue still in mind and Staff will try to work something out before the ordinance goes before City Council, Mr, Svanda referred to #1 under 101.01 Definitions: "Every living creature except the human race." He stated he would like to see another word used than "human rac�! 1o1.04. Animal Nuisance, #8 (page 4) - The Commission members agreed to add "at least six (6) months of age" after "three (3) or more dogs or cats". 1o1,�4. A�imal Nuisance, #10, #11, #12 (page 4) - Mr. Boardman stated that at the last Planning Comnission meeting, Staff was requested to look at the Minneapolis ordinance to see what Minneapolis had regarding animal defecation. He stated these three sections were added from the Minneapolis ordinance. PLANNING COMMISSION �EETING AUGUST 24 1983 PAGE 8 �MOTTON BY MR. OQUIST� SECONDED BY MR, XONDRICK� TO PASS THE REV7SED "ANIMAL CONTROL" ORDINANCE ON TD CITY COUNCIL AS AMENDED� WITH THE UNDERSSANDING TIiAT STAFF WILL CONTINUE TO WORK ON THE LANGUAGE FOR LICENSING AND VACCINATION. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE JULY 25 1983 PARKS & RECREATION COMMISSION NIINUTES: MOTION BY MR, KONDRICK� SECONDED BY MS, GABEL� TO RECEZVE THE JULY 25� I983� PRRKS & RECREATION COMMISSSON MINUTES. � UPON A VOICE VOTE, ALL VOTSNG AYE� CHAIRWOMAN SCHNABEL DECIIIRED THE MOTION CARRIED�UNANIMOUSLY. 7. RECETVE AUGUST 2, 1983, ENERGV COMMISSION MINUTES: MOTION BY MR. SABA� SECONDED BY MR. KONDRSCK� TO RECEIVE THE AUGUST 2� I983� ENERGY COMMISSION MINUTES, UPON A VOICk' VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOT20N CARRZED UNANIMOUSLY. 8. RECEIVE AUGUST 4, 1983 HUMAN RESOURCES COMMISSIaN MINUTES: MOTION BY MR. GOODSPEED� SECONDED BY MR, KONDRICK� TO RECEIVE THE AUGUST 4� Z983� HUMAN RESOURCES COMMSSSION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL AECLARED THE MOTION CARRIED UNANIMOUSLY. . 9. RECEIUE AUGUST 4 1983 GOMMUNITV DE4ELOP�IENT COMMISSION MINUTES: MOTION BY MR. OQUIST� SECONDED BY MR, SABA� TO RECEIVE THE AUGUST 9� 2983� COMMUNITY DEVELOPMENT COMtfISSION MINUTE5. Mr. Oquist stated that the Community Development Commission had discussed the possibility of having a display booth set up during the grand opening of the Center City Plaza and new Community Park on Oct. 7-8 to try to get sane interest in city commissions. He had thought it wouid be nice to have a representative from each commission at the grand opening and had stated he would bring this up for discussion at the Planning Commission. Were any of the P7anning Commission members interested in doing something like this? Ms. Schnabel stated she would be concerned about staffing a booth on a volunteer basis. Mr, Oquist stated they had also talked about some type of brocure that could be put together describing the commissions along with the goals and objectives of each commission. PLANNING COMMISSION MEETING, AUGUST 24 1983 PAGE 9 Mr. Boardman stated a borcure cou]d be handed out with other documents during the grand opening. 7he Commission members seemed in favor of having some type of brochure put togeiher that could be handed out during the grand opening. Ms. Sch��bel suggested that when a brochure is put together, it be brought to the next Planning Commission for approval. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIE'D UNANIMOUSLY, 1�, RECEIVE AUGUST 16 1983 APPEALS COMMISSION MINUTES: MOTION BY M5.-GABEL� SECONDED BY MR. SYANDA� TO RECENE THE.AUG. 16� Z983� APPEALS COMMISSION MINUTES. UPON A VOICE VOTE� RLL VOTING AYEi CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. AD�OURNMENT: MpT20N BY MR. KONDRICX, SECONDED BY MR. SABR� TD ADJOURN THE.�TEETING. UPON A VOZCE VOTE� ALL VOTING AYE� CNAIRWOMAN SCHNABEL DECLARED THE AUGUST 24, 1983� PLANNING COMMIS520N MEETING AA70URNED AT 20:10 P.M. Respe, tfully submi .ted, Lynne aba Recor ng Secretary Ii k . City of Fridley APPEALS COMMISSION MEETING - TUESDAY, AUGi1ST )6, 1983 PAGE 1 CALL TO ORDER: Chairpezson Gabel called the Appeals Co�ission meeting of August 16, 1963, to ordez at 7:30 p.m. ROI.L CHId.: Members Present: Patricia Gebel, Alex Harna, Jim Plemel, Jean Gerou, Donald Betzold Others Pres�nt: Darrell Clazk, City of Fridley Kenneth Zngram, P.O. Hox ]242, Minneapolis Norman L. Johnson, 511 Dover Street Richard J. Polk, Jr., 2670 Wilhite Dr., Lexington, KY Mr. S Mrs. I.ouis E. Miskowic, 6180 Briardale Court N.E. Leslie W. Wilke, 6061 Central Avenue N.E. James Reiland, 6068 Woody Lane Bernard K. Heille, 1418 Meadowmoor Drive N.E. APPROVE APPEALS COMI+,ISSIOt3 MINUTES OF JULY 19, 1983: There were some minor corrections on page 2, to add "a contractor" in the second to last paragraph and on page 3, fourth paragraph, to add the word "see." MOTION by Na. Barna, seconded by Mr. Plemel, to approve the minutes as amended. UPON A VOICE �IOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLAR£D THE MOTION CARRIED UNANIAKxJSLY. 1. Tabled) RE UEST FOR VARIANCE PURSUANT ':0 CHAPTER 214.045 OF THE FRIDLF.I' �---- —5--- CITY CODE. TO INCREASE THE NA%IMJM SIZE FOR FREE STA.�DING SIGNS FROM 80 S. iT. 70 183 S iT. TO ALLOW THE CONSTRUCTIO'7 OF A FREE STANDING SIG� -� —�-- ON LOT 1, BLOCK 1, COt4�RCE PARK ADDI7ION, THE SAl� BEING )600 UNIVERS77T' AVENUE N.E. (Request by Kenneth Ingram, P.O. Eox 1242, Mpls., MN 55440) MOTION by Mrs. Gerou, seconded by Mr. Barna, to remove A9enda Item No. 1 from the table. UPON A VOICE VOTE, ALL VOTZNG AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Clark explained that the last time this item was on the agenda, the Petitioner was unable to attend and a representative from the sign cospany attended who was not totally familiaz with the details of the signs. Mr. Clark emphasized t2�e stipulation from the Staff Report that Petitioner w+ork with staff on additional landscaping amund perimeter of the property. Mr. ingram, representing the Western Station (Kayo Oil/Conoco), was present and stated that headquarters approved the additional landscaping which would nui around 55,000. # i Appeals Canmission Meeting - August 16, 1983 Page 2 He further stated that the company feels the need for an identification and pricing signs for east and west tzaffic and would like a new sign of 108 sq. ft., western name on top and two pricing panels (plastic-inner-lit) and their present sign is 75. sq. ft. He said they would like to move the present sign to Osborne Road, which would be back within the limits and put the new sign on the NE corner of the property, which wuld probably require the taking out of the telephone booth and placing it somewhere else on the property. Ms. Gabel said the Cotcmiission has several concerns and they feel the present sign is very visible and they have recently turned dwn other gas stations that have asked for additional signs. She stated the station situated across from Western has a 60 sq. ft. sign and they would anst probably ask for a variance for a larger sign if this one is granted. She also stated the Co�nission was not clear on the hardship. Mr. Ingram said the mazketing department of the company feels there is a lot of traffic on Osborne that does not get visibility from the pricing sign. Ms. Gabel stated the wall sign is quite visible and asked if they investigated any alternatives. Mr. Ingram said this is t2ie way the crompany wants to go throughout their netionwide operating area. Ms. Gabel asked about designing a different type of sign, and if they have seen the Champlin station sign and if the price signs are an integral part of the design they could be any size they want them to be. Mr. Clark said the Champlin sign is a four-sided sign, each face about 20-25 sq. ft and the price signs below are the same. There was some discussion on the sign code and Mr. Clark obtained copies for the Co�nission members. Ms. Gabel said the sign code (214-9) read one gas price sign in addition to one permitted as an integral pazt of the identification sign. Mr. Bama felt it meant two gas price signs; one gart of the main sign and an additional one. Mr. Clark said it crould have an 80 sq. ft. ID sign and attach gas price signs along as part of the identification sign. Mr. Ingram said their present sign is 75 sq. ft. total (identification and price signs). Mr. Clark stated that the recent request that was denied for a gas station was that their sign was a completely separate adver- tising sign. Ms. Gabel said if the top of the Western is only 22.8 sq. ft., granting a 5 ft. variance should be enough based on their interpretation of the sign code. Mr. Clark said the City Council and the City Attorney's office will have to make their own interpretation. Ms. Gabel noted that the Champlin station sign was up when the code was written. Mr. Ingram said ihe shape of the sign will stay the same and the face will change as they will change them throughout the Metro area. Mr. Barna asked if they are allowed two pylons per lot and Mr. Clark said yes, totaling 80 sq. ft. Ms. Gabel stated that the Commission's interpretation of the sign code is that it does not apply itself to the pricing sign. MOTZON by Mr. Barna, sernnded by Mr. Betzold, to close the public hearing. UPON 7+ VOICE VOTE, ALL VOTING AYE, QiAIRPER50N GABEL DECLARED THE PLTBLIC HEARING CLOSED AT 8:10 P.M. Ms. Gabel noted that the price sign issue in the sign code should be addressed by the Planning Coffinission and the City Council. , • Appeals Commission Meetina - Auqust 16, 1983 Page 3 FSQTION by Mr. Setzold, seconded by Mr. Barna, that the Appeals Ccaunission recortenend to the City Council, approval of a 5 ft. variance to increase the maximum size for a free standing signs to 85 sq. ft. to allow the construction of a free standing sign on Lot 1, Block 1, Co�erce Park Addiiion, the same being 7600 University Avenue N.E., Fridley, Minnesota, and that approval of this variance is based upon the Commission's intezpretation of the City Sign Code, Section 214.02, Definitions, Paragraph 32 "Sign Area" as well as Section 214.045, Paragraph 6^Gas Stations^ which they interpret as the pricing signs are not included as part of the overall maximwn sign area; and upon the stipulation that Petitioner wozk aith City Staff on additional land- scaping around the perimeter of the pzoperty. UPON A VOICE VDTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED TfiE MOTION CARRIED UNANIMOUSLY. (This Item goes to Planning on 8/24/83 and to the Council on 9/12/83). 1. REQUEST FYTR VARIANCE PURSUANT TO CHAPT£R 205 OF THE FRIDLEY CITY COD£, TO REAUCE THE SIDE YARD SETBACK FROM 5' TO 3' 'il� ALLOW A SINGLE CAR GARAGE 'lb BE A DOUBLE CAR GARAGE� IACATED ON LOTS 5, 6 AND 7, BLOCK K, RIVERVIEW E�IGHTS, 24SE SAME BEING 515 DOVER STR£ET N.£. I�quest by Nozman L. Johnson, 515 Dover St. N.E., Fridley, !IId 55432). MOTION by Mrs. Gerou, seconded by Mr. Barna, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAZRPERSON GA.BEL DECLAR£D THE PUBLIC HEARSNG OPEN AT 8:15 P.M. Chairperson Gabel read the Staff Report: �DlSI1ISTR�TI9S 32APF REPORi 515 m�er Street N.E. �, pOBLIC PORPOSE SER�ED BI RSQOIR@fENT: Section 205.0T3, �B, (2), requirea a aide yard ad�oining an attached garage to be not less than 5 feet vide. YuDlic purpose aerved by t61s requirement is to provide apace betueen individual atructures to reduce conflagratlon of fire, to provide access to LLe rear yard for emergencies and to limit the conditlon of crowding in a re�idential oeighborhood. B. STATED HARDSHZP: 'I need a Lvo car garage for ■ore ntorage. Present garage is only 16 feet wide and aet Dack 9 feet fY�om aide property line." C. �DMIlIISTRATIYE S?AFF HSYZBY: The eYisting aingle car garage (16'z22') ia 9.7 feet from the east side property line. The property to Lhe ea�t of Lhe appl�cant's has an existing aingle famlly house vith an attached double garage. The double garage Ss T feet from Lhe line. Reducing the aide yard aetback from 5' to 3' would at111 malntaia a distance of 1D feet Detxeen structures (see aurvey map)• Tf the Hoard moves to approve this reque�t, �e recommend that the status of vindoxs on Lhe east vall De discussed. The overhang should De constructed to ensure all roof water falls on the applicant�s property. ♦ pP�ale r'nmmiecinn MeetinQ - AU4uSt 16. 1983 Page 4 Mr. Clark stated that the Co�ission probably did not have to address the issue of the windows because the garages will be 10 feet apart and he believed that the roof structure on the house had a 9able end on the side property line so there would not be any water running off next door. Mr. Johnson was present and shaaed the Co�ission his plans and stated that a contractor would be doing the work. He nlso stated that the siding wi12 be matched as well as the roof. He also stated they had more than one car and they heed additional room foz storage. The Commi- ssion members agreed that everything was in order. MOTION by Mz. Plemel, seconded by Mrs. Gerou, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:20 P.M. MOTION by Mr. Barna, seconded by Mr. Betzold, to approve the variance request to reduce the side yard setback from 5 ft. to 3 ft. to allow a single car garage to be a double car garage, located on Lots 5, 6 and 7, Block K, Riverview Heights, the same being 515 Dover Stzeet N.£., Fridley, Minnesota, 55932. UPON A VOICE VOTE, Ai.i, VOTING AYE, CHAIRPERSON GASEL DECLARED TH£ MOTION CARRZED UNANIMOUSLY. 3. REQL'EST FOR VARIANCE PURSL'ANT TO CHAPTER 205 OF THE FRIDLES' CITS' CODE, TO REDL'CE 7HE RE UIRED FRONT YARD SE7BACA FROM BD F7. 70 75 FT., REDUC£ _ �� — .—_— — ---- THE RE��L'IRED S1DE YARD SETEACK 0!� CORNER FROM BO F7. TO 60 FT., REDNCE THE PARF;ING LOT SETBACF: FROM 20 FT. TO 5 FT., TO ALLOM THE CONS7RUCTl�ti OF A 525 SQ_ F7. ADDITIOti ON LOT 21_BLOCK 1, AUDITDR'S SUADIVIS70N No. 153, 7HE SAHE BB1NC 5277 CENTRAL AVENCE N.E. (Request b.• Richard J. Polk, Jr.-, 2670 Wilhite Drive, Lexington, KY 40503) MOTION by Mrs. Gem u, seconded by Mr. Barna, to open the public hearing. UPON A VOICE VOTE, ALI. WTING AYE, CHAIRPERSON GABEL DECZARED TFIE YUBLIC HEARING OPEN AT 8:23 P.M. Chairperson Gabel read the Staff Report: IDMIiZ3TRtTZYE ST�FF IIEPURT 5p7� Central l�enue II.E. �. PITBLIC PtIRPOSE SER�ED B2 BEQDIflSMBA'f: Ssetion 205•153� 3�, i'eCyiren a oinlmum froni yard aetDack of 80 feet for all permltted buildingn. PuDlic purpo�e served by this requirement is to provide sdequate parking and open landscaped areas as vell aa to svoid conge�tion and to Drovide adequate aight clearances in commercial areas, Ssetion 205•153. 3B. (2), +'e4uires a minimum nide yard aetback of BD feet for all permitted buildings, vLere a side qard abuts a atreet on a corner lot. Public purpose aerved by tLis requlrement Sa Lo maintaln adequate �ide yard aetDacks and aesthetica.Ilq pleasing open areas around oommerclal �tructures. Section 205.155, �E, (1), requires all parking areaa to be a minimum of 20 feei from any street rigl�t of vay. e Appeala ['n'mniecinn Meetinv - Auvust 16. 1983 ___ __ Page 5 Public purpoae �erved Dy this requirement is to limit visual encroachment into neighboring aight lines and to allov for aesthetically Pleasing open areas add�acent to puElic rlghts of way. B. Sil2ED 6ARASHIP: �E:Sating road rights of way have left the above aetbacks." C. �DMZIIISTRIITIYE ST►FF BEIISY: The applicant wishes to con�truct a 525 square foot "greenhouse" addition to Lhe aouthwest corner of thelr ezlstiag restaurant/bar (see map). In order to allox this, a variance vould 6ave to De granted for the side yard aeLDack for a corner lot in a C-2S zone from the required 80 feet to 60 feet. Ezieting varlances, not aecessarily created by the proposal, xould also have to De granted. Those ezlntiag variances are: Front yard - 80 feet to 75 feet Parking lot - 20 feet from right of vay to 5 feet The addition would increa�e Lde parking need, hovever a lease arrangement allws tde use of the entire Skyvood parking area. The applicant has plans to bring t�e entire property up to present Code. Those plans involve landscaping/screening and parking de�ign. If the Board aDProves these varlances, �taff recommends that they stipulate the implementation of the plaas to bring the property up to Code. Mr. Plemel asked what would the greenhouse addition be. Mr. Polk said it would be a solariwn on the southwest rnrner which will include seating; they plan to open up the lounqe portion o£ the building and t1�at Howard Johnson's (Ground Round) is trying to create a brighter image. Mr. Clark presented the Coimnission with the various sets of plans and said that City Sta£f is very pleased with the landscaping plans. Mr. Polk said they will be re-striping the parking lot and adding two handi- capped spots and they have a lease with Skywood Shopping Mall for additional parking. He also said they will be doing other remodeling inside such as re-painting and the trim and the seating arrangement in the solarium will be for dining. Ms. Gabel asked if it would interrupt the sidewalk area and Mr. Polk said it would not. Mr. Clark explained that the variances aze due to present conditions; that they lost quite a bit because of the intersection (right of way taking). Ms. Gabel asked when they plan to start and how long the lease agreement for parking was with Skywood. Mr. Polk stated they will start as soon as they have picked the contractor and he was sure the lease was indefinite even though Skywood changes hands about a year ago. Mr. Clazk said the lease was probably recorded with the deed. Mr. Polk also stated they did receive the lessor's approval although they did not need it. Mr. Betzold noted that if it vere not for the roadway, he would not need the variances. Mr. Clazk stated the building was there before the right-of-way taking. Mr. Barna said it would still be some distance to the zoadway. Appeals Co�¢ission Meeting - August 16, 1983 Page 6 ' Mr. Plemel said he saw no problem with visibility and was definitely in favor of up- grading the whole area. Mr. Barna agreed and felt the addition will enhance the property. Mr. Betzold stated it was a unique piece of property and the plans are not offensive. I�LS. Gabel agreed and stated the hardship is caused by the taking of the zoadway. MOTYON by Mr. Pleacel, seconded by Mrs. Gerou, that the Appeals Conunission remmmend to the City Council, approval of Yhe variance request to reduce the required front yard setback from BO ft. to 75 ft., reduce the required side yard setback on corner from 80 ft. to 60 ft., reduce the parking lot setback from 20 ft. to 5 ft., to allaw the construction of a 525 sq. ft. addition on Lot 2, Block 1, Auditor's Subdivision No. 153, the saaie being 5277 Central Avenue N.E., Fridley, Minnesota, with the stipnlations that Petitioner wrk with City Staff on landscapin9 and bring the entire property up to code. UPON A VOICE WTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED Tt� MOTION CARRIED UNANZMOUSLY. (To City Council on 9/12/83). 4. REQUEST FOR VARIANCE YURSUANT TO CHAPTER 205 OF IHE FRIDLEY C1TS' CODE, TO REDUCE THE SIDE YARD FROH 10 FT. TO B FT. TO ALLOY THE CONSTRL�CT10r OF A 2 FT. ADDITION TO AN EXISTING HOME ON LOT 13, BLOCk 3, BRIARDALE ADDITION, THE SA"ff BEING 6180 BRIARDALE COURT N.E. (Reques[ by LouisE. Hiskovic, 6160 Briardale Court N.E., Fridley, MN 55432) MOTION by Mrs. Gerou, seconded by Mr. Plemel, to open the p�blic hearing. UPON 7+ VOIC£ VOTE, ALL VOTING AYE, CHAIRPE RSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 6:40 P.M. Chairperson Gabel read the Staff Report: ADMIHISTRA2I4B STiFF REYORT 6180 Brlardale Court N.E. A. POBLIC PDAPOSE SERVED BI RBQOZR�tBNT: 3ectlon 205.073� �B. �� 9uires a aide yard ad�oining living areas to be not less than 10 feet xide. PuDlic purpose �erved Dy this requirement i� to maintain a minimum of 20 feet betweea living areas in adjacent atructures and 75 feet betveen garages and living areas in ad�acent structures to reduce ezposure to conflagration of fire. It is also for aesthetically pleasing open areas around residential structures. H. 3YATED HARDSAIP: •Dining room (8'4" z 10'4") is to amall for 6 family members. Additfon rould add 2 feet making 10'A" z 10'4". Aoom expansion in aezit from dlrection 1s prohibited as Lhe addltion would block emergency bedroom Delo�. C. ADNSBISSRISIVE STAFF REPISIi: The two foot addition as ahoWn by the survey map will encroach into the required 10 foot side yard. HoYever, due Lo the orlentation of the adjacent single family hou�e, a 20 foot distance appears to be maintained betxeen structures. If the Board approves this request, it may vant to consider the status of vsndov location. , Appeals Commission Meeting - August 16, 1983 Page 7 llr. Clark sWted the measuzements between the structures is in excess of 20 ft. and the Co�nission would not have to consider the window situation. Mr. Miskowic showed the Coaunission his plans and said Marv Anderson vould be the oontractor. He stated the rear portion of the wall is to be moved and the addition would be under the existing overhang. He presented a letter from his neighbors, the Laeelles, 6190 Sriardale, which stated they were not objecting to the addition, dated August 16, 1983. MJTION by Mr. Barna, seconded by Mrs. Gerou, to receive the letter from the LaBelles, dated August 16, 1983, not objecting to this variance. UPON A VOIC� VOT£, ALL VOTIt3G AYE, CHAIRPERSON GASEL DECI,ARED TF� MOTION CARRIED UNANIMOUSLY. Mr. Miskowic stated he would be bzinging out the footings. Mr. Barna felt the public purpose is obviously maintained and theze is a definite hardship and the addition appears to be well planned. The other Coaunission members mncurred. M�TION by Mrs. Gezou, seconded by Mr. Sarna, to approve the variance request-to reduce the side yard from 10 ft. to 8 ft. to allow the construction of a 2 ft. addition to an existing home on Lot 13, Slock 3, Sriardale Addition, the same being 6180 Briardale Court N.E., Fridley, Minnesota, 55432. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED TF� M�TION CARRIED UNANIMOUSLY. 5. � OF A 20' x Z6' ATiA LAKE HILLS ADDITIOr by Leslie W. Wilke, YARD f�:l� TO CHAPTER 205 OF . TO 7 F'f. TO ALLOI.' S4 OF LOTS 11 6 12, 1 Avenue N.E., Fridley, LE5' CT7Y CODE, E CON57RUC'TIO'� OCK 2, MOORE N.E. (Aequest 1V 55432) MOTION by Mr. Barna, seconded by Mrs. Gerou, to open the public hearing. UPON A VOIC£ VOTE, ALL VOTING AYE, CHAIRPERSDN GABEL DECLARED TF� PUBLIC HEARING OPEN AT 8:45 P.M. Chairperson Gabel read the Sta£f Report: �D!(17IS'fR1iIT6 SS1PF RBPQRT 6061 Central �venus N.B. �. PUBLIC POAPOSS SERIBD HT ASQDIEH�SIii: 3setion 205.073. �C, (1), requires a rear yard depth of aot less than 25 perceat of the lot deptb, vith not leaa thaa 25 feet permltted nor more t6an A� feet required. PuDlic purpose aerved by this requirement ia to provide rear yard apace to be ueed for green areas which enhance Lhe neighDorhood. B. SS�TSD H11RA4HIP: �To line uy wlth ezlstiag home, tQe garage haa to Snfringe in beck yard. Tbia i� reault of a lot aplit and frontage oa a different atreet." C. IDMIIZSTRITIYB STIPF YE�IBY: ihis request is to rcduce tde requlred rear yard aetback from Lhe required 29 feet Lo 7 feet to allov t6e con�truction of an attached garage. The property ia a corner lot vhich recentlq underwent a lot split. Opon approval of the lot aplit, t6e ea�terly side became t6e new rear yard (According to Code definition, the front yard on a corner lot is the narrovest aide along e atreet frontage (see map). Applicant proposes to demolish the eYlsting garage and build a nex attached double garage using the same driveway and acceas. _. . _ _.._.....a.T-..:=,�� ,�.o Appeals Co�ission Meeting - August 16 1983 Page 8 ' Pys. Gabel stated that this did co�e before the Planning Commission and the lot split vas granted and the nazmw side of the lot is naa the front yard so it technically requires a variance. Mr. Wilke stated he wants to remove the existing garage and move it up about 26 ft. and attach it to the house. He said the house was built befote the code. Mr. Clark said it is the only place where the garage can logically be built. Mr. James Reiland, 6068 Woody Lane N.E., a neighbor behind the new lot, stated he had no objection. The Coimnission sembers agreed that there was a definite hardship and the variance was a housekeepi.ng matter. MOTION by Mr. Betzold, seconded by Mz. Barna, to close the public hearing. UPON A tIUICE VOTE, ALL WTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:53 P.M. MOTION by Mr. Betzold, seconded by Mrs. Gerou, to approve the variance request to reduce the reaz yard from 29 ft. to 7 ft. to allow the construction of a 20' X 26' attached garage on the 51/2 of Lots 11 and 12, Block 2, Moore Lake Hills Addition, the same being 6061 Central Avenue N.E., Fridley, Minnesota, 55432. UPON A VOICE VOTE, ALL 'VOTING AYE, CHAZRPERSON GABII. DECLARED TEIE MOTION CARRIED UNANIMOUSLY. 6. RESUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITS' CODE TO RFDllCE THE REQUIRED SID$ YARD SETBACK FOR AN ATTACHED GARACE fiR0?1 TO OF A 11' X 14 � 7 V LL � X L4 � UIY LW /� DLVI.M1 J� nLewvwnvun � c.niv+�,c � • SEING 1418 MFADOWMOOR DRIVE t�.E. (Request by $ernard K. Heille, Meadovmoor Drive N.E., Fridley, Mv 55432) MOTION by Mr. Betzold, seconded by Mr. Barna, to open the public hearing. UPON A VOICB VOTE, ALL WTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 6:55 P.M. Chairperson Gabel read the Staff Report: �DtlIYISTHATIYE S'fIFF ASPORT t�18 lkadar�oor Dri�e �.8. �. POBLZC PORPOSE SBRYSD SS RBQDIR�IBAT: Ssetion 205.073� �B, {2), requirea a aide yard adjoiaing an attached garage to be not le�s than 5 feet vide. Pub1lc purpose aerved Dy tLis requiremeat Sa to provide apace between iqdSvidual atructures Lo reduce conflagration of fire, Lo provide access to tAe rear yard for emergeactes and to limit tde conditlon of crowding in a r�eeidentia2 nelghborhood. B. S?ITSD HAEAS6IP: 'House 6as beea Duilt on cepter of lot with attached aingle garage which Ss 12' x 24' which makes it necessarq to encroach into the reQuired side yard aetback to obtain a douCle garage (22' = 2�1')." C. ADlIIYISTA►TIYE S'f►FF YSYISY: If the Board moves to approve this reQuest, ve vould recommend that no windoxs be placed on the east vall and that it aleo be nheetrocked since St vill be clo�er than 3 feet Lo the property line. Also, there should be little or no overhang on Lhe,roof ao that the roof vater falls onto the petitioner'� property. Appeals Coffinission Meeting - August 16, 1963 Paqe 9 Mr. Clark stated that the �st garage wall would have to be a fire wall without windows. He also said that the new qarage would be 12.5 ft. from the existing house to the east and Petitioner would be within 1 ft. of the property line. Mr. Clark said they also received 6 letters regarding this variance, 5 without any objection and one objecting. Mr, Heille had rnpies of the 5 letters without objection and did not know about the one lettez with the objection. MOTION by Mrs. Gerou, seconded by Mr. Barna, to receive the 5 letters of no objection from the neighbors. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTSON CARRIED. Ms. Gabel read the letter from Michael Highland who requested that the petition be denied because he just sold his property and did not know how the new owners £elt about the variance. MOTION by Mr. Barna, seconded by Mr. Betzold, to receive the letter of objection. UPON A VOICE VOTE, AI,L VOTZNG AYE, CHAIRPERSON GABEL DECLARED TF� MOTION CARRIED UNANIMOUSLY. Mr. Heille stated his house had been built on the center of the property and the garage would be within the present car port. Ms. Gabel said she noriced there are [wo cars and a lat of things that needed to be stored on the property. Mr. Heille said they have three licensed drivers in the home. Mr. Barna also saw the need for additional garage space. Mr. Heille felt the new garage would enhance the neighborhood and improve the quality of his house and he needed the double garage with storage space above. Ms. Gabel £elt it would be a lot more pleasing to the neighborhood. Mr. Heille stated had he known of the letter of objection fzom Mr. Highland, he would have brought in the new owners who had just moved in a week previously and that he had spoken with them. He also stated that the old owner moved out last winter. Mike Martin, 1425 Meadowmoor Drive N,E., was present and stated he had no objection to the vaziance and that there was a double 9arage across the street. Mr, Clark stated that Mr. Highland closed on the property on 8/1OJ83 and did knv.� how the new owners felt about the variance. Mr. Clark suggested the Commission could approve the variance upon the condition they receive a letter of no objection from the new cHmers . Mr. Barna asked what type of rooms the garage would £ace next door. Mr. Heille said it would face bedrooms. He also said he would probably do the work himself and hoped to complete the garage in 4 weeks. He said he has a back-up contractor, just in case. Mr. Heille said he has lived in the home for 12-13 years. MOTION by Mrs. Gerou, seconded by Mr. Plemel, to close the public hearing. UPON A WICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 9:15 P.M. Mr. Plemel could see the need £or the double garage and Mr, Barna felt the hardship stated could have been more specific, addressing the space problems. Mr. Betzold felt the buildings would be too close, with the new garage beinq only 1 ft. from the lot line and he didn't feel the hardship was there. Ms. Gabel could see the need and stated there is a lot of stuff being stored outside and felt that was more of a fire hazard. Appeals Co�mnission Meeting - August 16, 1983 Page 10 MOTION by Mz. Plemel, seconded by Mrs. Gerou, to approve the variance request to reduce the required side yard setback for an attached garage from 5 ft. to 1 ft. to a-low the wnstxvction of a 10 ft. gazage addition from 12 ft. X 24 ft. to 22 ft. % 24 ft, on Lot 7, Slock 3, Meadowmoor Terzace, the same bei.ng 1418 Meadowmoor Drive N.E., Fridley, Minnesota, 55432, on the condition that a letter of no objection is received from the new owners of 1444 Meadaamoor Drive N.E. and with the stipu- lation of the fire vall on the east side and little or no overhang (as recrotmnended irr the Staff Report). UPON A VOICE WTE, 4 VOTING Y£S and 1 WTING NO ( Mr. Betzold), CHAIRPERSON GABEL DECLARED TkiE MOTION NOT CARRIED AND REFERRED TO THE CITY COUNCIL FOR ACTION. (Tb Council on 9/1?�/B3). ADJOURNMENT: CHAIRPERSON GABEL DECI.ARED TF� APPEALS �MMISSION MEBTING OF AUGUST 16, 1983, AA70URNED AT 9:20 P.M. Respectfully submitted, Deb Niznik, Recozding Secretary