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06/15/1981 - 5293OFFICIAL CITY COUNCIL AGENDA REGULAR COUNCIL MEETING JUNE 15, 1981 FkIDLEY CITY COUNCIL MEETING PLEkSE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: � June 15, 1981 NAME ADDRESS ITEt4 PiUMBE� ____--_��______________ �_____l=====___________________` ______ =__________________---______-__� � u �,C�e� ,� . A� u K'. E .� 7 P' o a Z ��/v ,� �i' ..�2Q l ^ � �o .� 3 S' .��..,�-� li�z�..,�-aa.� � _v _ � � %�.c..�s-x-�-ru--<- ,. \ � ,, - % .�� ,� �:,Y,-� r ' �!, { —c..� g (� 0 �/ � v�"D �%/i; ,�.� :�'.,� /� ��1.z!� � %� !� 0 � 1 ^ � � �' ` � ,_ �� l � �_�' � � G - �",� f�'c f� ?� - � � �� a�`� �� ' �',r�i� �%L� ,P/ � •�.� UG; �RIL�LEY C�"��l( COUNC i L � REGULAR h1EETI�JG - JU:JE 15, 1981 - 7:30 P, "I, .. � _ - ._.___ _ -- - --- � --- f'i�.�Y��i 1 u ; �f��!'AR71,r,��l-f U� ;1;J;:, • �=o��c��lzrl�: n�,_ �ri�L "AG�f�I�i�,S �Sl:I=DED;�, r�.FASC i�nvF: Your� ANSY�EftS �3,1CK � i� i f�� IT'�' i�AiJA �i�f; � S UFFI C'i �.1' T�-1� I'�ED lE.SllPtY I?F�'URE Tt�L- f�l�Y.7' I��FG�1L/;R CJU(��C 1 L 1�1i;E-f I NG � THAVf: YOU � e2'�� / y�'I APPROVAL OF M I idUTES : � CONTINUED BOARD OF REVIEW MEETING, �UNE 1, I�H1 Minutes Approved � � REGULAR COUNCIL MEE7ING, .JUNE 1, 19�1 . Minutes Approved . ' PUBLIC HEARING MEETING, �UNE �, Iggl � Minutes Approved � ADOPTIO�� OF A�Ei�JDA: � Item 7B to be considered before Item 7A in Agenda PUBLIC WORKS OPEU FORU��1, VISITORS: �CONSIDERATION OF�ITEMS NOT ON AGENDA - 15 ��INUTES) t�1rs. Calquire, 5780 22 Street -- "Watch for Children" sigt�. . Staff to review and report back to City Council ACTIOPJ NEEDED: Review and report back to Council Connie Metcalf present to report on curb side pick up--S.O.R.T. PUBLIC WORKS CITY MANAGER! IPUBLIC WOR �EGULAR MEETING, �UNE 15,_19�I PUBLI C HEARI �JG ; PAGE 2 CONTINUED PUBLIC HEARING TO AMEND CHAPTER ZO5 OF THE FRIDLEY CITY CODE KNOWN AS THE FRIDLEY ZONING CODE; AND CONSIDERATION AT CONTINUED PUBLIC NEARING OF AN AMEND- MENT 70 EX I ST I PJG R-I. ZON I NG CODE OF CHAPTER ZOS; AND CONSIDERATION OF COMMUNITY DEVELOPMENT COMMISSION�S RECOMMENDATION FOR EXISTING SINGLE FAMILY DWELLING UNITS TO ALLOW TWO FAMILIES IN SINGLE FAMILY DWELLING IN AN R-1 ZONE� � � � � � � � � � � � � • � � • � � � , 1 - 1 D ��ONTINUED FROM �UNE $, 1931> Public Hearing to amend Chapter 205 continued to July,13, 1981 Consideration of amendment to existing R-1 zoning Code continued to July 13, 1981 ACTIOPd TAKEN: Put these two continued items back on the agenda of July 13, 1981 for further consideration . COUNCIL RECEIVED OUTLI�E OF REMARKS BY BOB HARTMAN DATED JUNE i2, i981 FROM LEAGUE OF CITIES MEETIPdG ON LOW INCOME HOUSE. NO ACTION NEEDED OLD BUS I f��ESS ; CONSIDERATION OF SECOND READING OF AN ORDINANCE ESTABLISHING A��EW C��APTER 11 OF THE FRIDLEY CITY CODE ENTITLED LICENSES AND PERP�IITS AND REPEALING OLD CHAPTER 11 IN ITS ENTIRETY� � � � � � � � � � � � 2 - Z F Ordinance #732 adopted ACTION_NEEDED: Publish ordinance in Fridley Sun CONSIDERATION OF FIRST READING OF AN ORDINANCE ESTABLISHING CHAPTER I.2� OF THE FRIDLEY C I TY CODE RELAT I NG TO id0 I SE, PROV i�) I�•!C �='�� PREVE�JT I ON _ AND ELIP1INATION OF EXCESSIVE A�J:� i.�i;:l�C�:i'><�,1^Y .�OISE, AND IMPOSING A PENALTY FOR VIOLATIO(� � � � � � � � � � � 3 ' 3 E iPUBLIC HEARING IiELD JUNE g, 1981) . Approved on first reading ACTION NEEDED: Put ordinance back on next agenda for consideration of second reading. I FIRE DEPT. I PUBLIC WO PUBLIC WOR REGULAR �'�EETING, �UNE 15, 1°81 i�El� BUSIiJESS; n ,� � � � CONSIDERATION OF FIRST READING OF AN ORDINANCE - CSTABLISHING A ��EW CHAPTER IO� OF THE FRIDLEY CITY CODE ENTITLED FIRE PREVENTION AND CONTROL AND REPEALING OLD CNAPTER IO$ INITS ENTIRETY �,�� 4- 4 D Ordinance tabled to next meeting ACTION NEEDED: Put ordinance in proper form and bring back at next meeting. CONSIDERATION OF AN ORDINANCE TO REPEAL OLD CHAPTERS I$ AND 2O6 OF THE FRIDLEY CITY CODE ` ENT ITLED '� CONTRACTORS`� AND `�BU I LD I NG COD E AND PERMIT FEES" AND TO ESTABLISH A�IEW CHAPTER 2O6 OF THE FRIDLEY CITY CODE ENTITLED '�BUILDING CODE AND RELATED PERMIT FEES�� , , � � � � � � � � � � � � � � 5 — 5 K Ordinance adopted on first reading. To be discussed at Conference Meeting ACTION NEEDED: Put on agenda of conference meeting, and bring back on future agenda for consideration of second reading. CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING SECTION 113,10(7> OF �HAPTER 113 OF THE FRIDLEY CITY CODE ENTITLED `�REFUSE DISPOSAL:� ��. 6 Ordinance adopted on first reading. Leave in the sentence beginning with "Furthermore" and ending with "area". ACTIOPd NEEDED: Change proposed ordinance as discussed by Council and put on 7/20 agenda for consideration of second reading. � P��E 4 I'�E�'� B�SI►��ESS �CONTINUED) i�ECEIVING PLANNING �OMMISSION MINUTES OF �UNE 3, 1931� �� %-% � ' - A. Consideration of Special Use Permit, SP #81-08 ta Allow Construction of a Second Accessory Building, a 16'x38' . , detached garage, 6535 Oakley Drive, Peter A. Eisenzimmer...... 7- 7B . Planning Commission recommendation: Approval with & 7E - 7G stipulations Council Action Needed: Consideration of recommendation Permit approved with stipulations. � 'I PUBLIC WORKS ACTION P�EEDED: Inform applicant of Council approval with stipulations. B. Consideration of Lot Split Request, LS #81-05 to Make Two Building Sites, 6570 Hickory Street and 6550 Hickory Street-. Charles E. Johanson. . . . . . . . . . 7A - 7B P.C. Recommendation: Approval with stipulations & 7H - 7J Council Action Needed: Consideration of recommendation Lot Split approved PUBLIC WORKS ACTION NEEDED: Inform applicant of Council approval � RECEIVING ANOKA COUNTY UPDATE OF RICE CREEK BIKEWAYI �`�ALKWAY SYSTEM � � � � � � � � � � � � � � � � � � � � � S Received update and concurred with County Resolution regarding a task forc Task Force to be made up of two appointments by the City P1anager taken from �he list submitted by CREQ (one from each side of Old Central) and an appointment made by each Ward Councilmember for a total of f.ive members. Mr Siverts requested Councilman Barnette be appointed as a liaison to the group. He is to be liaison with no votir�g power. CITY MANAGE ACTION NEEDED: After appointees have been chosen, inform members of time and place of first meeting. CONSIDERATION OF AGREEMENTS FOR LEGAL SERVICES .. �CITY ATTORNEY AND CITY FROSECUTOR)� � � � � � � � � � 9 - J H Agreements approved CITY MANAGE ACTION NEEDED: Execute agreements with City Attorney and Prosecutor'"� f�INANCE IFINANCE IFINANCE � PEGUL�R P�EE7ING, �UNE 15, ��31 �dEW BlJS I i�ESS � CONT I N UED ) PAGE S ESTIMATES� � � � � � � � � � � � � � � � � � � � � � � � 10 — 10 A Approved ' ACTION NEEDED: Pay estimates �LAIMS� � � � � � � � � � � • � � � � � � � � � � � � � � 11 Approved ACTION NEEDED: Pay claims � a �ICENSES � � � � � � � � � � � � � � � � � � � � � � � � 12 — 12 C Approved with addition of two food 1r�°.��ses for '49ers Celebration (Dave P�lartin and Christensen Bus Compdr�y) ACTION NEEDED: Issue licenses � aDJOUR;�: �o:oo P.M. :� ��IDLEY CtT1( CC)Ui�C I L REGULAR h1EETI�JG — JU:IE 15, 1931 —�7:30 P, "I, PLEDGE OF ALLEGIA,dCE, APPROVAL OF MIidUTES: . � CONT I NUED �iOARD OF REV I EW P�IEET I NG, �UNE 1, 1�81 REGULAR �OUNCIL MEETING, JuNE l, 1981 PUBLIC HEARING MEETING, �UNE 3, 1981 ADOPTIO�� OF AGEi�DA: OPEy FORU(�9, VISITORS. �CONSIDERATION OF�ITEMS NOT ON AGENDA - 15 P�INUTES) �r �nn� Pnr� � KEGULAR I�IEETI NG, JuNt 1�, l�ol -��- —— PUBLIC NEARI;�G; CONTINUED PUBLIC HEARING TO AMEND CHAPTER 2O5 OF THE FRIDLEY CITY CODE KNOWN AS 7HE FRIDLEY ZONING CODE� AND CONSIDERATION AT CONTINUED PUBLIC IiEARING OF AN AMEND— MENT TO EXISTIf�G R-1 Z�NING CODE OF CHAPTER ZOS; AND CONSIDERATION OF COMMUNITY DEVELOPMENT COMMISSION'S RECOMMENDATION FOR�EXISTING SINGLE FAMILY DWELLING UNITS TO ALLOW TWO FAMILIES IN SINGLE FAMILY DWELLING IN AN R-1 ZONE� � � � � � � � � � � � � , � , � . � , � 1 — 1 D . �CONTINUED FROM .JUNE S, I.931) OLD BllS I f�lESS : CONSIDERATION OF SECOND READING OF AN ORDINANCE ESTABLISHING A��EW C�-IAP7ER 11 OF THE FRIDLEY CITY CODE ENTITL�D LICENSES AND PERP�4ITS AND REPEALING OLD CHAPTER 11 IN IT5 ENTIRETY� � � � � � � � � � � � 2 — 2 F CONSIDERATION OF FIRST READING OF AN ORDINANCE ESTABLISNING CNAPTER 124 OF THE FRIDLEY CITY CODE RELATING TO idOISE, PRO�!'s�)I;•!� :�':� PREVE^lTION AND ELIMINA7ION OF EXCESSIVE AI`J:� ��;:i�=Ci ;�'��1^Y .�OISE, AND IMPOSING A pENALTY FOR �IOLA7ION � � � � � � � � � � 3 " 3 E �PUBLIC HEARING NELD .JUNE g, �.gc�1) � , _ ____i cr_ni nd M�c-rrnir _.I�iN� ��. �Qi� iAGE S idE1� Bl1SI i�JESS : CONSIDERATION OF FIRS7 READING OF AN ORDINANCE ESTABLISHING A��EW CHAPTER IOg OF THE FRIDLEY GITY CODE ENTI7LED FIRE PREVENTION AND CONTROL AND REPEALING OLD CHAPTER IOg INITS ENTIRETY ��'� 4— 4 D CONSIDERATION OF AN ORDINANCE TO REPEAL OLD CHAPTERS 1g AND ZO� OF THE FRIDLEY CITY CODE � ENT ITL.ED �� CONTRACTORS`� AND `�BU I LD I NG CODE AND PERMIT FEES" AND TO ESTABLISH A �EW CHAPTER ZO6 OF THE FRIDLEY CITY CODE ENTITLED "BUILDING CODE AND RELATED PERMIT FEES" � � � � , � � � � � � � � � � . 5 — 5 K CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING SECTION 113,1Ot7) OF �HAPTER �.13 OF THE FRIDLEY CITY CODE E�l?ITLED `�REFUSE DISPOSAL;� �� 6 , Unce /t � r. �. � � I'�E�'i B�SI�ESS i�ONTINUED) . : RECEIVING PLANNING �OMMISSION MINUTES OF �UNE 3, 1931� �� 7- � � A. Consideration of Special Use Permit, SP #81-08 to Al1ow ' Construction of a Second Accessory Building, a 16'x38' � � detached garage, 6535 �akley Orive, Peter A. Eisenzimmer...... 7- 7B Planninq Commission recommendation: Approval with & 7E - 7G stipulations Council Action Needed: Consideration of recommendation B. Consideration of Lot Split Request, LS #81-05 to Make Two Building Sites, 6570 Hickory Street and 6550 Hickory Street, Charles E. Johanson. . . . . . . . . . 7A - 7B P.C. Recommendation: Approval with stipulations & 7N - 7J Council Action Needed: Consideration of recomrr�endation RECEIVING I�NOKA COUNTY UPDATE OF RICE CREEK BIKEWAY� �'�ALKWAY SYS7EM � � � � � � � , � � � � � � � • � � � ' ' � CONSIDERATION OF AGREEMENTS FOR LEGAL SERVICES CCITY �TTORNEY AND CITY FROSECl1TOR)� � � � � � � � . , 9 - 9 N � e �EGUL�R ��EETING, �UNE �5, 1�31 idEl� BUS I i�ESS � CONT I NUED ) PAGE 5 �STIMATES � , � � � � � � � � � � � , � � � � , � � � , , 10 — 10 A �l.A I MS � � � � � � � � � � . . � � � , � � � � , � � , , 11 LICENSES � � � � � � � � � � � � � � � � � � � � � � � � ZZ ' IZ C I AD,lOUR;� ; 0 ;� THE MINUTES OF THE CONTINUED MEETING OF THE BOARD OF REVIEW MEfTING OF JUNE 1, 1981 ) THE MINUTES OF THE CONTINUED MEETING OF THE BOARD OF REVIEW MEETIN6 OF JUNE 1, 19$1 The Board of Review Meeting, continued from May 11, 1981, was reopened by Mayar yee at 7:30 p.m. PLEDGE OF ALiEGIANCE: • Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor f�ee, Councilman Fitzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None Mayor Nee stated the Board of Review Meeting on May 11, 1981 was continued to this date in order to give staff an opportunity to provide further information on issues or objections that were raised at the meeting. The Council then proceeded to review the following information submitted by the Assessor's Office. Mr. larry Vogt, 1357 Fireside Drive, appea�ed before the Council and reference was made to the information submitted by the Assessor's Office which was used in determining the value of his property. Mr. Herrmann, City Assessor, explained the sales comparisons the assessor's staff used were homes similar to the size of Mr. Vogt's home. Councilwoman Moses stated she accompanied the City Assessor when a visit was made to Mr. Vogt's home for appraisai purposes. She felt the t�vo appraisals Mr. Vogt had for $64,000 were very, very low and it would be a steal if someone could purchase this property for that price. Councilwoman Moses stated she felt the vaiue placed on the property by the Assessor's Office is justified. Mr. Vogt stated he hadn't had time to really study the facts presented by the Assessor's Office. He stated he has furnished the Assessor's Office with copies from his two reports which compares sales with other homes. Councilman Schneider pointed out in the Connery - Hegge, Inc, report if you go by square footage, you come up with more than what the Assessor has it valued. Mr. Vogt stated ventilation was a problem in his home and all his basement floors have c�acked and he has some settling of footings. He further stated he knows a fireplace adds about $1,000 to the value of a home, but his would have to be torn out as it doesn't meet the code. Councilwoman Moses stated she didn't see the depreciation as bad as what Mr. Vogt has in his mind. She felt if he sold his home for $64,000 and then had to go out and purchase another for $80,000 or $90,000, he would be very sorry. Mr. Vogt stated he would agree the new price of homes �s high, but when someane moves into a new home, they have a warranty period and the warranty on his home has already run out. Mr. Vogt stated he has asked the Assessor to show any fault in his comparisons and he hasn't been able to do it. Councilman Schneider asked the sale dates of the homes used in the comparison, which was prepared for Mr. Vogt under the date of March 13, 1981. Mr. Vogt stated the sales dates ranged from October, 19£i� to February, 1981. _ _ _ CONTINUED BOARD OF REVIEW MEETING - JUNE 1, 1981 PAGE 2 Councilwoman Moses pointed out these homes are much older than Mr. Vogt's and are not good comparisons. Councilwoman Moses asked what recourse Mr. Vogt would have, if the Council does not accept any changes in the value recommended. Mr. Herrmann stated he would then have a right of appeal to the County. MOTION by Councilman Schneider to accept the Assessor's recottmendation that a value of $73,700 be placed on this property based on the comparables presented. Seconded by Councilwoman Moses. Mayor Nee stated the Council doesn't have aaything to gain or lose on this issue and is simply trying to be fair to the residents. Mayor Nee urged Mr. Vogt to continue his appeal, if he feels this isn't a fair value. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimous7y. Mr. Uogt asked if he would be informed of the date and time of the County meeting. He was advised it was July 6, 1981 at 10 a.m, and he could write a letter to the Anoka County Assessor regarding his appeal or to just appear before the Board on th.is date. Mr. Georqe Wid:lund, 101 Gibraltar Road: Councilman Fitzpatrick stated he believes Mr. Wicklund agrees with the value placed on his property. MOTION by Councilman Ftizpatrick to accept the Assessor's value placed on this property. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Albin Mvslajek, 6430 Riverview Terrace: Mr. Herrmann, City Assessor, stated this property was inadvertently valued as river front property, when, in fact, it is not and it was recommended the value be reduced by $6,000. Mr. Herrmann stated Mr. Myslajek was sent a letter advising him of the recomnended decrease in value and he has not heard anything from him. MOTION by Councilman Fitzpatrick to accept the Assessor's recommendation for a reduction of 56,000 in value on this property from $93,100 to $87,100. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared th� motion carried unanimously. 11r. Lief Henriksen, 6434 Riverview Terrace: Mr. Herrmann, City Assessor, stated it was found Mr. Henriksen had deeded 2-Z feet off the south of his property to his neighbor, which was not reeognized in determining tfie value and, therefore, a reduction of $600 is recorrunended. MOTION by Councilman Fitzpatrick to accept the Assessor's recommendation to adjust the value on this property by reducing it �600 from $120,80a to �120,2�0. Seconded by Counci�woman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the moiion carried unanimously. Mrs. Helen Argue, 6648 Channel Road: Mr. Herrmann, City Assessor, stated it was found the breezeway was of poor construction, along with some other physical problems in the home, and it is recorrunended the value be reduced by $2,300, from $50,700 to $48,400. He stated Mrs: Argue was sent a letter =tating what was recommended and staff has not heard anything from her. � �:: -� CONTINUED BOARD OF REVIEW MEETING - JUNE 1, 19E1 PAGE 3 MOTION by Councilman Schneider to accept the Assessor's recommendation to reduce the value of this property by $2,300 from $50,700 to $48,400. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. JosePh Valtinson, 5215 Pierce Street: Mr. Herrmann, City Assessor, stated staff would recanmend no change in this value. He stated it was explained to Mr. Ualtinson that because his value may be double of some other property, it didn't ..necessarily mean the taxes would only be double, and he felt Mr. Valtinson was more concerned with the taxes, than the value. MOTION by Councilman Schneider to concur with the recommendation of the Assessor's Office to make no changes in the $101,400 value placed on the property. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, htayor Nee declared the motion carried unanimously. Mr Richard Harris, 6200 Riverview Terrac_e_: Mr. Herrniann, City Assessor, stated staff has recanmended no change in the value placed on this property. Mr. Harris stated he can't believe the value placed on his home and has a hard time justifying it in his own mind. Mayor Nee stated the question comes down if he believes it would sell for that price. Mr. Harris felt he believed the law intended true market value and shouldn't inelude the points on d mortgage and felt this is what is being used in determining the value. Councilman Schneider pointed out the comparisons used in determinRng the value of Mr. Harris' home are the same basis used for others. MOTION by Councilman Fitzpatrick to concur with the Assessor's recomnendation of $117,200 for the value of the property at 6200 Riverview Terrace. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr Harold Harris, 6210 Riverview_Terrace: Mr. Herrmann, City Assessor, stated this home has a tremendous amount of deferred maintenance and the physical deterioration was extreme, therefore, he would recomrt�nd a decrease in value of $23,000 from $104,000 to $81,000. Councilwoman Moses stated she accompanied the Assessor when he went through this home and in order to make the home saleable or livable, it would need a lot of work. She felt a buyer would have to put from $25,000 to $30,000 in the home in order to make it livable. tAayor Nee asked Mr. Harris if he felt this was a reasonable adjustment. Mr. Harris questioned the value on the home last year, which was $85,30Q. Mr. Harris stated he appreciated the �v81,000 value, however, he was looking for a fair figure and felt $85,000 for a value on the property would be fair. CounciTwoman hioses asked what price he would be looking for if the home was placed on the market now. P1r. Harris stat�d he felt around $85,000, as he fett someone would have to put $20,000 to �25,000 in the home to make it livable. _ _ _ _ _. _ . s �;;; CONTINUED BOr1RD OF REVIEW MEETING - JUNE 1, 1981 PAGE 4 MOTION by Councilman Fitzpat+�ick to accept the recorrunendation of the Assessor to place an assessed value on this property at 6210 Riverview Terrace of �81,000. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Richard Harris, 7765-95 Main Street; 7701-03 Main Street; 7710-20 & 7780-90 Main Street: Mr. Herrmann , City Assessor, stated he would like to turn the matter of the values placed on these properties over to Mr. Leon Madsen who has done all the research. Mr. Madsen stated he didn't have anything further to add from what was presented to the Council regarding values placed : on these properties, based on land sales in the area. Mr, Harris questioned the building to land ratio in the report. , Mr. Madsen stated properties do have extra land and additions could be made. Mr.Harxisstatedthereasonetlythebuildings weren't constructed any larger was because they couldn't meet all the setback requirements and still ' provide the 40% buiiding to land ratio. Mr. Madsen pointed out they have not valued the excess land at an excess rate. He stated on Mr. Harris' three properties the value ranged from $19.65 to $22.61 a square foot and sales in the area showed prices ranging from $28.00 to $36.00 a square foot. Mr. Harris stated he built those buildings and can't believe they are worth that much. He point�d out they are looking at an inflation factor that is almost a year old and if they were looking at it today, it may be something different. Mr. Harris stated he didn't think the way property is being taxed is doing anything for tre State's finances and especially for inflation. He pointed out the taxes on one building in a three year period went up $3,400. He stated, whoever is renting the building, has to pi.ck up the . increase in taxes which would be added on to the price of their product and, in turn, the higher price passed on to the consumer. He felt this is one place they should start to curb inflation. Mr. Harris stated he will appeal this and felt there should be some clear cut guidelines. MOTION by Councilwoman Moses to accept the Assessor's value on Mr. Harris's properties. Seconded by Councilman Schneider. Upon a vaice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. Mr. Edward Fraqale, 6480 Riverview Terrace: Mr. Herrmann, City Assessor, stated this is another case where the property was valued as river front property which, in fact, is not the case, therefore, a$5,800 reduction in value is recommended. . t•10TION by Councilman Fitzpatrick to accept the recommandation of the Assessor's Office and reduce the value of this propert� by $5,800 from $91,900 to $86,100. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Larence Larson, Jr., 517 - 53-1z Avenue: P'IOTION by Councilman Schneider to sustain the Assessor`s value placed on this property. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaimously. � � �� CONTINUED BOARD OF REVIEW MEETING - JUNE 1, 19a1 PAGE 5 Mr. John Evens, 1565 South Bavarian Pass: MOTION by Councilman Schneider to sustain the Assessor's value placed on this property. Seconded by Counci]man 8arnette. Upon a voice vote, al� voting aye, Mayor Nee declared the motion carried unanimously. Mr. Henry Zimmer, 4021 California Street: MOTION by Councilman Fitzpatrick to accept the correction made by the Assessor's Office in the value of this property. Seconded by Counciiman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Ralph Truax, 78$0 - 7884 Elm Street: MOTION by Councilwoman Moses.to sustain the Assessor's value placed on this property. Seconded by Councilman Schneider. Upon a voice vote,' all voting aye, Mayor Nee declared the motion carried unaimously. Mr. Herrnann stated he wished to thank his staff for getting all this information together and appreciated their work. MOTION by Councilman Fitzpatrick to close the Board of Review Meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrfed unaimous]y and the Board of Review Meeting of Junei, 1981 closed at 8:35 p. m. Respectfully submitted, Carole Haddad WilTiam J. Nee Recording Secretary Mayor Approved: THE h1INUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCiL OF JUNE 1, 1981 _ .? .' THE MINUTES OF TIIE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 1, 1981 The Regular Meeting of the Fridley City Council was called to order at 8;37 p, m. by Mayor Nee, after the Council met as the Board of Review. MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES: BOARD OF REVIEW, MAY 11, 1981: MOTION by Councilman Ftizpatrick to approve the minutes as presented. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING MEETING, MAY 11, 1981: MOTION by Councilwoman Moses to approve the minutes as presented. Seconded by Councilmar, Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried ur_ar,ir�ously. REGULAR MEETING, MAY 18, 1981': MOTION by Councilman Schneider to approve the minutes, with the following corrections: Page 2, last line and the second line on Page 4,eliminate the words "unanimously". Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Councilman Schneider requested the following item be added: "Consideration of Recomnendation of Appointment to the Charter Commission". N�TIOPd by Councilman Schneider to adopt the agenda, with the above addition. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee dectared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. 1 CONSIDERATION OF AN ORDINANCE ESTABLISHING A NEW CHAPTER 11 OF THE fRIDLEY CITY'CODE ENTITLED LICENSES AND PERMITS AND REPEALING OLD CHAPTER 11 IN ITS ENTIRETY: Councilman Schneider questioned if some of the fees for rezoning, lots splits, and:variances could be prohibitive for an individual. He questioned if there may be differences between a simple and complex rezoning, lot split, or variance. Mr. Qureshi, City htanager, stated the amount of administrative time involved would be the same and pointed out part of the cost for these items is serving notice to surrounding properties. He stated it should be recognized these fees are direct costs to be paid by persons receiving services and has the validit.y of those using the services paying the cost, rather than the general taxpayer. Mr. Herrick, City Attorney, stated he has some question about the penaity clause under Section 11.11. He felt the 25°a penalty if the fee is 1 to 7 days late and the 50% penalty if the fee is rrqre than 7 days late, is rather high. i :�Ari REGULAR MEETING Of JUNE 1, 198I PAGE 2 Mayor Nee felt the Council could hold a first reading on the ordinance and have staff.review this item for an adjustment. h�TION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Councilman Barnette questioned the fee for saunas and felt by putting this in the ordinance, the Council was saying they are acceptable. Mr. Qureshi pointed out this sauna fee was in the previous ordinance. Councilwoman Moses asked about the liquor license fee and the reason for the increase. Mr. Qureshi pointed out that costs are accelerating and if the Council feels the figure they had three years ago was reasonable, the increase proposed would also be fair because of the inflation. Councilwoman Moses' concern was this would be an annual fee and these costs would have to be paid for renewal of a license. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanmiously. � RECEIVING CATV COMMISSION MINUTES OF MAY 14, 1981: 3 Md7I0N by Councilman Schneider to receive the minutes of the Cable Television Commission P1eeting of P�ay 14, 19II1. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. GONSIDERATION OF RECOMMENDATION TO CITY COUNCIL RE: CAMERA AND RECORDER: Mr, Qureshi, City Manager, stated, at the budget discussions, tha Council did wish to investigate this matter further and money was put in the budget, even though there wasn't a full committment. Mr, Innan, City Clerk, explained the City has a computer on loan which was installed last week and is being tested. He pointed ou� this computer has the potential of doing more than the Apple Computer. Mr. Qureshi stated it was felt they wanted to try this computer to determine just how it would work. Mayor P1ee stated he is reluctant to proceed with the camera and recorder until they nake s ure they have what is needed. Mr. Qureshi stated he understands the recamnendation from the Cable Gommission was to purchase the equipment because of the price at which it could be obtained. Mayor Nee felt staff should further investigate the computer they now have in the Police Department to determine the capabilities, with a report back to the Council in a month or so. Mr. Qureshi stated the Council could then consider this recommendation, therefore, no action was taken on th e item at this time. OPRIAT Mr. Inman, City Clerk, stated a recormendation has been made by the auciitors to establish a special revenue fund to carry employees leaves, pensions, and insurances payable, which, in the past, have been carried in the General Fund. ( �, l t REGULAR MEETING OF JUNE 1, 1981 PAGE 3 Mr. Inman stated the resolution would accompiish this by transferring the present airount of liability out of ttie General Fund and into the Employee Benefit Accrual Fund. MQ7IQN by Councilman Schneider to adopt Resolution No. 68-1981. Seconded t� Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Q CONSIDERATION OF TRAILER LICENSE - ONAN: Mr. Qureshi, City Manager, stated a representative from Onan is here this evening regarding their request for a license to install a temporary trailer on their property. Mr. Nelson, representing Onan, stated thereason the request is for a:�hr�e yea�r period is they have a lot of custom development work to be done on a new product for which they need this space. Mr. Nelson s:tated the trailer �as some special features as there is a fire rated wall on both sides due to the close proximity of the other building. He exptained neither the location or trailer would be unsightly.. Councilnroman Moses asked if they would be developing other new products in the future so that this issue may come up aqain. Mr. Nelson explained they would, however, have different requirements during the develo �nent period. He stated they have long-range p7ans for the site that wou]d involve other facilities, however, he didn't know how far down the road this would be and a lot could change. MOTI�I by Councilman Schneider to approve the temporary house trailer application for Onan for a three year period. Seconded by Councilman Fi,tzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider requested the staff and Onan work together on what is required on this site. 5 CONSIDERATION OF CHANGE ORDERS #lI AND #12 FOR tdATURE CENTER BUILDING AND FINAL CONSTRUCTION COSTS: Mr. flora, PUblic Works Director, stated Council action is needed on two change orders in order to complete the project for the Nature Center Building. He expiained these are Change Orders �21 and #12 regarding the L. P. gas conversion and electrical panel chant�e for a total of $353,362. Mr. Flora further stated the architectural fee is $45,702.32. MOTION by Counci)man Schneider to approve Change Orders #il in the amount of $250 for L. P. gas conversion and ;12 inithe amount of $413 for electrial panel change for a total amount of 5353,362 and the architectural fee of $45,702.32 with Design Consortium, Inc. for the Springbrook Nature Center Construction. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � APPOINTMENT - CITY EMPLOYEE: MOTION by Councilwoman Moses to concur with the following appointment: EFFECTIVE NAME POSITION SALARY DATE REPLACES Wiiliam P. Murphy Mechanic $8.523 Hr. June 1, 2981 John Wright 7830 Gloria Circle Public Works FioundsView, MN 55432 Maintenance/ Streets Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �. � REGULAR MEETING OF JUNE 1, 1981 PAGE 4 � CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims Plo. 121CO3 through 149F35. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. � LICENSES: I�TION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • � ESTIMATES: MOTION by Councilman Schneider to approve the estimates as submitted. TKDA & Assoc., Inc. 2500 American National Bank Building St. Paul, MN 55101 Engineering Services - preparation of Infiltration/Inflow Analysis, March 1981 $ 2,083.82 NDH, Inc. 700 Industry Avenue N.W. Anoka, I�iN 55303 Partial Est. #1 - Street Improvement Project No. St. 1981-i $103,199.93 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RECOMMENDATION OF APPOINTMENT TO THE CHARTER COMMISSION: MOTION by Councilman Schneider to recieve a letter from Dr. Ralph Stouffer and forward this to the Judge with the Council's recorrmendation for Dr. Stouffer's appointment to the Charter Commission. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 1, 1981 adjourned at 9:�0 p. m. Respectfully submitted, Carole Haddad William J. Nee Secy. to the City Council Mayor �:.4.;:, THE MINUTES OF THE PUBLIC HEARING MEETING OF 7HE FRIDLEY CITY COUNCIL OF JIiNE £3, I981 i 1 i. THE MINUTES OF THE PUBL?C HEARING MEETING OF THE FRIDLEY CITY COUNCIL Of JUNE 8, 1981 The Publfc Nearing Meeting of the Frid)ey City Council was called to order at 7:35 p. m, by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT; Councilman Barnette, Councilman Schneider, Mayor Nee, CounciJwoman Moses and Councilman Fitzpatrick MEMBERS ABSENT: None ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as presented. Seconded by Councilwoman Moses. Upon a voice vote, ail voting a�ye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARIPJGS: �. PUBLIC HEARING T FRIDLEY ZONING C AND CONSIDERATION AT OF CHAPTER 'L05: Af�D CONSIDERATION OF 205 OF TfIE FRIDLEY CITY CODE, KNOWN AS THE 'S RECOMMENDATI LY MOTION by Councilman Fitzpatrick to waive the readin g of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mo�ion carried unanimously and the public hearing opened at 7:38 p, m. Councilman Schneider stated he wauid like to break the public hearing into _ three sections: first, to consider the ordinance which would modify the - existing zoning code concerning double bungalows, by special use permit, in • an R-1 zone; second, to consider the Community Development Comnission's ' recommendation for existing single family dwelling untis to allow two families in single family dwellings in an R-i zone; and third, to consider the proposed amendment to Chapter 205 which covers the City's entire Zoning Code. Councilman Schneider felt discussion on the proposed ordinance to delete double bungalows in an R-1 zone with a special use permit and discussion of the Corrmunity Development Commission's recorrmendation would not take as long as the discussion on the entire amendment of Chapter 205. He felt sornething may be accomplished this evening on the first two issues, however, it may be necessary to continue the hearing on the amendment to the entire Zoning Code. Councilwoman Moses indicated she agreed with Councilman Schneider's comments and felt they shoul� deal with these issues in the manner he had suggested. Mr. Herrick,City Attorney, stated the pubiic hearing has been opened, and after discussion and testimony given, the Council may either close the hearing or continue it to another date. He stated, if it is continued, he would be satisfied that the public hearing, as it relates to the proposed ordinance to delete double bungalows in an R-1 zone with a special use permit, has been adequately covered, unless someone indicates a desire to appeal on that issue. i .. . . � �-_.... ._.�....�.__.1 ......... r _....,._,_". __-_._�,_.. .._.;...'_",......._,�_...........,�___.�.,. ... � ..___._ _. . ._..__._.. ..._. . .. . . . . . .I . . , . .. . . . ' -�' ' _ " ' _. _ _ . . . . _ "_ . ' . . ; 1'7 � ; ; : i - PUBLIC HEARING MEETING OF JUNE 8, 1981 • PA6E 2 . i ; ' ' Councilman Schneider clarified that the Council could proceed with first ' ' reading of the proposed ardinance, as shown on Page 16 of the agenda book, '` even though the public hearing remains open. 'i . j Mayor Nee felt the Counci} should proceed on that basis and enter discussion ' ' on the proposed ordinance concerning deletion of double bungalows in an R-1 '' ; zone with a special use permit. � { . � Mr. Qureshi, City Manager, stated the Planning Corrmission has recommended ; that the section in the Zoning Code, under the R-1 zone, that permits double bungalows, with a special use permit, be deleted. ; Councilwoman Moses questioned if they were talking about this in comparison L �. .l . � . � _ . , � with existing units or new units, and if they are separate, under what conditions th�y would be allowed. She stated if they are looking at this � proposed ordinance in terms of existing single family dwelling units, she thought the quidelines outlined by the Canmunity Development Comnission were _ good. Mayor Nee pointed out �hat the Council is considering at this time is deletion of Sections 205.051-3D and 205.05G-2C which would remove fran the present Zoning Code the provision for double bungalows in an R-1 zone. Councilworoan Moses asked if there could be a provision to allow a single family home to be converted to a double bungalow. Mr. Qureshi, City Manager, stated if the Council wished to adopt rules to allow conversiqn5, it would have to be submitted in another ordinance. Councilman Schneider stated the City has had for a number of years a provision to issue a special use permit, upon four-fifths vote of the Council, to alloH� a double bungalow in an R-1 zone. Ne further stated, with a special use permit, . the burden of proof is on the Council why this permit should not be issued. Councilman Schneider felt, by removing this provision, it would require a rezoning application, if someone wished a double bungalow in an R-1 zone, and would place the burden of proof on the applicant. Councilman Schneider stated his concern is that a lot of people purchased or built homes in an R-1 zone assuming the zoning was raiher solid and didn't expect duplexes to be buiJt next to them. Councilman Schneider stated he would recommend this ordinance be adopted and then the Council can deal with canversions as a separate ordinance. _ ' Councilruan Fitzpatrick stated he would agree with Councilman Schneider and believed by adopting this ordinance the Council is reall ado ti th' � , , y p ng some ing they had practiced in the past as they have usually denied these requests for a special use permit. He further stated the special use permit isn't what they have assumed it has been and, in effect, it is a rezoning and that is the way it should come before the Council, and not as a special use permit. _ Councilman Schneider stated, for the record, he received a call from Pat Gabe1, Chairman of the Appeals Commission, in support of the proposed ordinance. Councilwoman D1oses questioned if there would be a separate ordinance and public hearing to add a special use permit process for existing single family homes. ' Mayor Nee stated there isn't an ordinance covering this issue, therefore, no action could be taken, however, it would be discussed tM s evening. Mr. Herrick, City Attorney, stated if the proposed ordinance is adopted, it will mean that double bunyalows, or at 7east new construction, can't take place in an R�-1 zone by use of a special use permit. _ � , , ^� ! ! � PUDLIC HEARING MEETING OF JUNE 8, 1981 ' PAGE 3 He further stated, if an ordinance is adopted on conversions, it would mean that existing single family homes in an R-1 zone may be converted to two family units by using a special use permit, under certain circumstances. Mr. Herrick stated he didn't know whether this is inconsistent, however, from a legal standpoint, it probably could be defended. He questioned if there is a difference in allowing conversion of an existing single family unit to a double bungaloo-�, as opposed to allowing construction of a new double bungalow in an R-1 zone. He didn't know if they can rationalize the difference between the two. Councilwoman Moses stated one of the Community Development Commission's recommendations for establishing a special use permit for existing single family dwelling unl�;s to allow two families in an R-1 zone was that the second dwelling unit cannot be permanently sealed off. She felt, in new construction, they would be built as two distinct units and will always remain as such. Mr. Harris, 6200 Riverview Terrace, stated he has a great deal of problems with special use permits and perhaps a better way to approach this would be the variance procedure. He stated he didn't want to overload the Appeals Commission with a lot of work, but with a variance, the burden of proof to show why it should be approved is on the applicant. He felt this would be a better way to approach it and using, perhaps, the guidelines of the Community Development Comnission. Mr. Herrick felt another approach might be through a licensing procedure to grant a license to the present owner for a period of time and is not transferrable to another owner. Mr. Herrick felt a licensing procedure would solve the problem of inconsistency between existing single family homes and new construction. Councilman F�tzpatrick questioned by the licensing procedure, if it would be any more deniable than a special use permit. Mr. Herrick felt it would be, but wanted to research the question. Mayor Nee reviewed the recommendations of the Corrmunity Development Commission regarding criteria to be used as the minimum requirements for establishing a special use permit for existing single family dwelling units to allow two families in a single family dwelling unit in an R-1 zone. These recommendations were as follows: (1) Minimum lot size of 9,QQ0 square feet (2) floor area for either family unit not less than 650 square feet (3) Off-street parking, including garage, for at least 4 vehicles (4) Connot be permanentl,y sealed off (i.e., common entry way, one adc!ress, one water meter, one gas meter, and one electric meter)(5) Special use permit expires at sale (6) One apartment is owner-occupied (7) Conditions of special use permit on file at County with title (8) Conforms with State Building Code. Mayor Nee felt the Council should discuss the desirability of a licensing procedure that would permit a single family dwelling unit in an R-1 zone to be used by two families. Councilwoman Moses stated,�in looking at the eight recommendations of the Conmiission, she stated another should be added regarding renewal of the license annually, if conversions were allowed under a licensing procedure. hTr. Herrick felt it may be premature to talk about specific periods for the licensing,before staff has an opportunity to review it. He pointed out, if Council proceeds with a licensing procedure, Items 5 and 7, which make reference to special use permits, will also have to be cfianged. He felt what the Council might consider is whether they wish to implement sorr�. workable means to accomplish the recamnencations of the Conmiunity Development Corrniission. � �. _ PUBLIC HEARI�dG P1EETING OF JUiVE 8, 1981 PAGE 4 Councilman Barnette questioned the square footage in the senior citizen units. He pointed out the recommendation from the Commission was 650 square feet and that the senior citizen units are not large, but comfortble for one or two persons. He also questioned if there are limitations on the number of persons who can live in the newly created second dwelling unit. Mr. Qureshi stated they would check into the square footage of the senior citizen units a�d the standards under the building and housing code regarding the occupancy. P4r. Harris stated, in the present Zoning Code, five unrelated individuals may live in a single family dwelling. He stated there is no real limit on the nur.ber of persons living in a unit that are related by blood or marriage. Mayor Nee stated he would like an expression of the Council's feelings as to whether they would like to see a proposed ordinance for licensing conversions. • Councilman Barnette stated he would be in favor of a1loHling for some conversions and felt they should look at a reasonable square footage and that the newly created unit should include bedroom, living room, kitchen, and bath. Councilman Schneider stated he has a real problem with it, as it didn't see how the City will be able to control or limit the number of single famiTy homes that would become duplexes. He feit if staff can cane up wifih the necessary criteria, which is not inconsistent with the use of the neighbor•hood, he would be in favor of it. He felt there had to be some control so everyone isn't converting to R-2 in a zane that was designed specifically for R-1. Councilman Schenider stated his concern is that, ultimately, they would be changing the character of entire neighborhoods. Mr. Narris stated it was the concensus of ihe Planning and Co�nunity Development Commissions because of shortage of affordable housing and senior citizen housing, they felt there would probably be a great deal of pressure for "mother-in-law" apartments. He stated they felt a need for control from the safety standpoint, and this was a way they could have control and people do this legally. Mr Lorbeski 6101 Sunrise Drive stated there should be concern about fire and safety and to be sure there are proper;exits for persons living in a basement apartment. Councilman Fitzpatrick felt if the license could not be denied, without a hassle, they would be right back in the sam e situation they are with the . special use perrnit. He felt, with a licensing procedure for conversions, ' they would have a lot more of this happening in the City. He felt what they_ need is to have a proposal they can discuss and there are too many open ends, and could very easily get out of hand. Mr. Harris pointed out the average family size is decreasing, therefore, the number of persons per lot or per acre would probably remain about the same. t�lr. Qureshi, City Manager, stated a number of questi�ons have been raised, however, tne question he sees is if the Gouncil wishes to alJow the conversion for two f amilies in a single home in a R-1 zone. He pointed out the existing ordinance provides that e person may rent out rooms in their home. Mr. Qureshi felt no matter what they cane up with, it will be difficult to enforce and that enough revenue would never be collected to control this type of activity. He stated he understands the Council wishes staff to try and find . a way to allow single family homes in an R-1 zone to be used for two family . living, under certain�conditions. Mayor Nee stated Councilwoman Moses had asked that this issue be brought up in conjunction with th e proposed ordinance to delete double bungalo�NS in an R-1 zone, with a special use permit. J i �. PUBLIC HEARING MEETING OF JUNE 8, 1981 PAGE 5 Mayor Nee stated the Council will proceed with the hearing on the amendment of Chapter 205 of the Fridley Zoning Code and asked if anyone was present who had a particular interest in this item. Since there was no response, the following motion was made: MOTION by Counciltiaan Fitzpatrick to continue the public hearing on the amendment to Chapter 205 of the Zoning Cod2 and the hearing on the proposed ordinance to delete double bungalows in an R-1 zone, with a special use permit, to the next meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � PUBLIC HEARING ON THE NOISE OROINANCE, AN ORDINANCE ESTABLISHING nr rur roTni rv rrrv rnnr nri n-rrnir rn ninTCr nnn��rnrnir rno Tur nn MOTION by Councilwoman Moses to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously and the public hearing opened at 9:10 p. m. Mr. Bill Deblon, Planning Department, appeared before the Council to present some background information on this proposed noise ordinance. He stated the first talk of a noise ordinance was by the Environmental Quality Comnission in October, 1977. Mr. Deblon stated in January, 1980, the E.P.A. gave a grant to the League of Minnesota Cities and Fridley was one of the target cities to receive technical assistance for work on a noise ordinance. He stated, in April, 1980, a meeting was held to get a feeling on whether the City might want to go with this ordinance. He further stated the Community Development Commission supports the noise ordinance and the Environmental Quality Commission has sent it to the Planning Commission, v�i�th the Planning Corr�nission approving the ordinance and now passed on to the Council for their consideration. Mr. Deblon stated, by documenting all the regulations into one ordinance, it puts the public on notice that unnecessary noise is unhealthy and the City wants to minimize that noise. Councilwoman Moses felt the entire ordinance was directed towards people who worked an 8 to 5 job and didn't know how you would encompass persons who may work a night job. Mayor Nee felt Sections b and c, under Item 3, on Page 4 needed further explanation. He felt Section b needed to add where the persons were present and more explanation under Section c regarding who is causing or has control over a disturbance. Mr: Harris stated he was not speaking as Chairman of the Planning Commission, as this ordinance was recommended for approval when he was not present. He stated, he wished, however, to corrunent on several items and asked if the memo from the staff which stated the ordinance has been reviewed by a multiiude of people, if they were trying to say that all these people concurred with the ordinance. Mr. Deblon stated the City Prosecutor had questions on the nuisances and the Building Inspector had questions regarding the air-conditioning. He stated it ��as felt the nuisances, as written, got at the noise problems better than something fn general. He stated tne City Prosecutor had an opportunity to review the draft, as the City wanted to eliminate ary of his concerns, and he hasn't received any conunents back from him regarding the ordinance. ,.�-. l t +. PUBLIC HEARING MEETING OF JUNE �, 1981 PAGE 6 Mr. Harris felt that Section 124.06 was controlling activities and didn't have anything to do with noise levels. Mr. Qureshi stated he does see, even though the intent is;good, there may be some areas where the City may get into neighborhood squabbles. He stated he would like a more clear definition of �ahat they want to control and only . cover the serious problems. Councilwoman Moses asked if a permit is required to install and air-conditioning unit. Mr. Deblon stated it is not required for a window unit, but a permit is required, under the State Building Code, for a central arir-conditioning unit since mechanical and/or electrical procedures are involved. Mr. Harris stated he didn't believe the costs for enforcing this ordinance, - and felt they would be higher which would mean adding a full-time staff person with police power or another police officer. Mayor Nee stated the enforcement of this ordinance would be worked in with normal duties. Mr. Hill, Public Safety Director, stated, fran a general standpoint and police prospective, they don't oppose the ordinance, but mildly support it. He felt this wouldn't take away from any other police effort and stated they do have two officers trained who would operate the noise meters from their vehicles. He stated their priorty would be strictly vehicle noise. Mr. Hill stated they do not recorranend a compliance center because of the cost and can see no value at this time. Mr. Harris felt more neighborhood squabbles could be started than solved regarding noise problems in certain areas. He stated he was referring especially to Section 124.06 covering outdoor activities. Mr. Harris stated he wanted to go on record he is not opposed to a noise ordinance controlling noise, but doesn't feel they are controlling noise alone, but people's activities which is a completely different ball game. Mr. Qureshi stated definite itens are clearly spelled out in the ordinance and they should make sure they want all these included in the ordinance. Mr. Herrick stated, in order to get a conviction on a nuisance charge, there . would have to be a number of people involved and suggested this section be changed. Mr. Qilreshi stated staff would review the language in the ordinance and bring it back to the Council. tJo Qther persons in the audience spoke regarding this proposed noise ordinance. t�lOTION by Councilman Schneider to close the pub�lic.hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared�'the motion carried unanimously and the public hearing closed at 10 p. m, RECESS: A recess was called by Mayor Nee at 10 p. m. RECONVENED: • . Mayor Nee reconvened the meeting at 10;15 p. m, All Council members were present. � GONSIDERATION OF MTD - BLOCK STREET LIGNT ON STINSON BOULEVARD BETWEEN THE 7500 AND 7600 BLOCKS: Councilman Schneider stated this area has one of the highest burglary rates in the City, with one in nine homes being burglarized in the last year. He.stated, although this doesn't meet the standards for a street light, there have been situations in the past where the standards were waived because of a high crime rate. 1, � � . � PUBLQC HEARING MEETING OF JUNE 8, 1981 PAGE 7 Gouncilman Schneider stated he has received a call from a resident regarding a street light and pointed out the area is extremely dark. Mr. Qureshi, City Manager, stated the City currently has three lights in this area and they could probably work with the City of Moundsview to see if they would be willinc to install a light in the block. Mr. Qureshi pointed out, if the Council wishes to control cost, this might be an area where it would be difficult to cut back in the future. Councilman Schneider stated because of the high crime rate and burglaries, he felt to check on these crimes would exceed the cost of a street light. MOTION by Councilman Schneider to authorize the installation of a street light on Stinson Boulevard between the 7500 and 7600 blocks, after checking with the City of D1ounds View to determine if they would be willing to install it. Seconded by Councilman Fitzpatrick. Mr. Flora, Public Works Director, stated N.S.P, has been contacted to clear tree branches from their lines, but it still will be difficult for a light to penetrate to the homes because of the large trees in the area which provide a lot of shielding. � Mayor Nee also asked about the parking problem around Spring Lake and if something could be done in this area. Mr. Hill, Public Safety Director, stated he has checked with the residents in the area, who have done a door-to- door survey and, at this time, the residents do not request any restrictions on the parking. UPON.A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. !�_ CONSIDERATIOfJ OF HILLTOP FIRE PROTECTION CONTRACT: Mr. Qureshi, City Manager, stated this is a fire protection service agreement between the cities of Fridley and Hilltop and is for a three year period. N�TION by Councilman Barnette to authorize the Mayor and City Manager to enter into the Fire Service Contract between the City of Fridley and City of Hilltop for a three year period. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrie d unanimously. �� RECEIVING PETITION FROM FRIENDLY FRIDLEY fOLKS FOR A SENIOR OROP-IN CENTER: MOTION by Councilman Fitzpatrick to receive the petition from the FriCndly Fridley Folks for a Senior drop-in center. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Lorbeski, 6101 Sunrise Drive, representing the Friendly Fridley folks, stated he had one correction ta make on the information submitted and that is they don't need a ramp as there are not any steps to contend with. Councilman Barnette suggested the petition should be directed to the School Board because they operate Pdrkview Schoolwhm.re the Friendly Fridley Folks have requested space. Councilman Barnette asked if the senior citizens use a portion of the school now. Mr. Lorbeski stated they have one room at the school, but don't have a place to hold dances. He also explained they do have some conflict with the activity center held at Par•kview School at the times when they meet to play cards. r-_■ �,` , PUBLIC HEARING MEETING OF JUNE 8, 1981 PAGE 8 Mayor Nee asked if the senior citizens proposal would require someone to move from Parkview School. P1r. Lorbeski stated it would require moving the creative play center to another section of the building or moving their activities, as it didn't make any difference on which end of the building they were located. Mr. Lorbeski stated they have senior eitizens going to other communities because they have more to offer than Fridley. Councilman Schneider felt he could support the proposal, but the School Board will ultimately have to address.the issue. Councilman Barnette felt it should be mentioned to the School Board that the City is providing some funding for senior citizens through the Parks and � Recreation Department. Mayor Nee felt they should submit their proposal to the School Board for space at Parkview School, and that he would certainly be supportive of their proposal. Mr. Lorbeski stated they would submit their proposal to the School Board, and would come back to the Council if they didn't receive any satisfaction from the Board. � RECEIVING BIDS AND AWARDING CONTRACT FOR HIGH SPEED PHOTO COPIER (BIDS OPENED 5/29/81): MOTION by Councilman Schneider to receive the bids for the high speed photo copier. BRAND XEROX KODAK IBM MODEL 8200 150AF MODEL 40 w/20 BINS Purchase Price $48,640.00 $56,620.00 $40,016.65 Installation Cost 255.00 -0- 251.00 Tota} Bid 48,895.00 56,620.00 40,266.65 Delivery Date Est. 30 Days Est. 6 Weeks Est. 6 Weeks c Service uarantee 7 years 7 years 7 years Warranty 90 days 3 months 90 days • Bid Bond Chub Group Cashier's Check Hartford Insurance Company 5th N. W. Bank Fire Insurance ' �5 $2,831.00 %`5 Down Payment None Required None Required 10% $4,001.72 Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Inman, City Clerk, the bids for the high speed copier were evaluated on the basis of a seven year cost calculation and on ratings from independent office equipment research organizations. He stated the Kodak 150AF has the best demonstreted performace record among metropolitan area corporation and was the only equipment to fully meet the bid specifications. Mr. Inman stated, based on the above findings, it was recommended the bid be � awarded for the Kodak 150Af in the amount of >56,620.00. MOTION BY Councilwoman Moses to award the bid to Kodak for the Kodak 150AF high speed copier equipment in the amount of �56,620.00. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . PU6LIC HEARING MEETING OF JUNE 8, 1981 PA6E 9 °� RECEIVING BIDS AND SELLING XEROX 7700 COPIER (BIDS OPENED F/5/81 AT 11:30 A.M.): Mr. Qureshi, City Manager, stated only one bid was received from the City of arooklyn Center for the purchase of Xerox 7700 copier, and this was for $7,500. Mr. Qureshi stated this amount is $200 more than what Xerox offered as a trade-in,and recommended the sale be made to the City of Brooklyn Center. Mr. Inman stated the City advertised for bids in the Fridley Sun and in one of the League magazines. He stated they have a number of inquires, but received only one bid. MOTION by Councilwoman Moses to receive the bid from the City of arooklyn Center in the amount of $7,500 for purchase of the Xerox 7700 copier. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Cou^cilman Fitzpatrick to authorize the sale of the Xerox 7700 copier to the City of Brooklyn Center in the arraunt of $7,500. Seconded by Cbuncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous7y. � AWARDING COtJTRACT FOR STREET IMPROVEMENT PROJECT ST 1981-1 AND 2(BIDS OPENED 4/14/81): ,< i Mr. Flora, Public Wo�rks Director, stated three bids were received for Street Improvement Projects ST. 1981-1 and 2. MOTION by Councilwoman Moses to receive the bids for Street Improvement Projects S7. 1981-1 and 2 as follows: PLANHOLDER N.D.H., Inc. 700 Industry Boulevard Anoka, MN 55303 Hardrives, Inc. 3030 Harbor Lane Mpls., MN 55441 C.S. McCrossan, Inc. Box AD Osseo, h1N 553u9 BID DEPOSIT 5% Fi reman's Fund 5� Lumberman's Mutua) 8% Fireman's Fund BID AMOUNT $238,592.60 $250,064.81 $258,820.40 and award the contract to the low bidder, N.D.H., Inc. in the amount of $238,592.60. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AEJARDING CONTRACT FOR STREET IMPROVEMENT PROJECT ST. 1981-10 SEALCOATING - BIDS OPENED 6/3/81 : Mr. flora, Public Works Director, stated four bids we re received for Street Improvement Project No. ST. 1981-10 (Sealcoating), and recomnended the low bid from A11ied Blacktop Company, Inc. be accepted. MOTION by Councilman Schneider to receive the bids for Street Improvement Project ST, 1981-10 (Sealcoating), and award the contract to the low bidder, Allied Blacktop Company, Inc. in the amount of �47,052.50. ,� �-:T � PUBLIC HEARING MEETTN� DF JUNE 8, 1981 PAGE 10 Street In�provement Project St. 1981-10 (Sealcoating) Qid Opening: PLANHOLDER BID DEPOSIT BASE BID Allied Blacktop Co., Inc, 10503 - 89th Avenue North 5% $47,052.50 Maple Grove, t+W 55364 State Surety Company Black Top Service Co. 1200 West Highway No. 13 5% �4F3,284.09 Burnsville, MN 55337 Fidelity Ins. Company Dustcoating, Inc. Route 2, Box 88A 5� $51,073.30 Glencoe, MN 55336 U.S. Fidelity Ins. Co. - Bituminous Roadways 2825 Cedar Avenue South 5� $51,256.98 Mpls., MN 55407 Firemen's Fund Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � .. CLAIMS: MOTIOPd by Councilwoman Moses to authorize payment of Claims No. 15540Q thro�igh I56C23. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �OUR-WAY STOP SIGN - LYNDE � POLK: Mr. Qureshi, City Manager, reported that a four-way stop sign has been installed on Lynde and Polk, as a petition was received for the stop sign. He stated staff will monitor this area and if the stop sign proves to be beneficial, they will continue it, however, if there are some adverse reactions, they will be reported to the Council. ADJOURNMENT: MOTI�V by Councilwoman Moses to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing Meeting of the Fridley City Council of June 8, 1981 adjourned at 10:35 p, m. Respectfully submitted, � Carole Haddad Wil]iam J. Nee Secy. to the City Council Mayor Approved• 0 1 PUQLIC HEARIPdG � BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, June 8, 1981 in the Council Chamber at 7:30 p.m. for the purpose of: To amend Chapter 205 of the Fridley City Code, knov�n as the Fridley Zoning Code. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. Publish: May 27, 1981 June 3, 1981 0 WILLIAht J. NEE MAYOR 1 � , 1 �, : � ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 2Q5 O� THE FRIDLEY CITY CODE CONCERNING DOUBLE BUNGALOWS IN THE R-1 ZONE BY ' DELETING SECTIONS 205.051-30 and 205.054-2C The Council of the City of Fridley do ordain as follows: Delete paragraph 205.051-3D "Double bungalows but additionally a concurring vote of 4/5ths of the Council shall be required for Council to issue such special use permit." Delete paragraph 205.054-2C "In double bungalows, the minimum total first floor area shall be 1400 square feet and the minimum living area of any unit shall be 650 square feet exclusive of accessory buildings or an attached garage." PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1981. WIILIAM J. NEE - MAYOR ATTEST: CITY CLERK - SIDNEY C. INMAN Public Hearing: First Reading: � Second Reading: Publish: 0014A/1361A 0 ORDINANCE N0. AN ORDINANCE AP�ENDING CHAPTER 205 OF THE FRIDLEY CITY CODE, CONCERNING APARTMENTS IN THE R-1 ZONE �Y ADDING PARAGRAPH 2O5.051, 5 The Council of the City of Fridley do ordain as follows: Add to paragraph 205.051: 5. Apartment Flat Use A. An Apartment Flat may be authorized by the City Council after a public hearing by the Planning Commission witti mailed notice to all property owners within 200 feet of the property affected, and if the following minimum criteria are satisfied: 1) The Apartment Flat provides complete provisions for living, sleeping, eating, cooking and sanitation: 2) The primary dwelling unit is owner occupied. 3) The Apartment Flat is occupied by blood relatives. (The Apartment Flat is rented to no more than two (2) persons). 4) The floor area of the primary dwelling unit is not reduced below the allowable square footage and the minimum Apartment Flat is 600 square feet. 5) The minimum lot size is 10,000 square feet. 6) Off street parking beyond the front yard set back area, provides for a minimum of four (4) vehicles. 7) The Apartment Flat uses the same entry, address, water meter,�gas meter and electric meter as the primary dwelling unit. 8) The Apartment Flat satisfies the City Building and Fire Codes. B. An Apartment Flat license fee of �175.00 is required upon application for authorization. Relicensing is required upon change of primary dwelling unit ownership. C. The provisions of Chapter 220, Residential Maintenance Code will apply to the Apartment Flat in all cases. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 198i. WILLIAM J. NEE - MAYOR ATTEST: I . =��T'fY-�tEi7T< ]Q26A/0156A � � PLAN(��IhJG CO�r��1ISSI0fd �4EETIP�G, ��IAY 6, 19II1 PH�E 8 .1C MOTIOrd BY i; . OQUIST, SECONDED BY MS. VAN DAN, 4'O RECOMMEND TO CITY COUNCIL TIIAT Tf1L'Y PIUT ALL ACCFSS DZRLCTLY O�1T0 L•'1lST RIVER RO11D OR 11NY OTf1ER IAT CODIFICUFZIITION WI'lfl TIIIS LGT IT IIIl5 13E1N TIII;' YOLICY OF TtiE CITY TO ELIMII7ATE ACCESS ONTO EAST RIVER ROIID, WFiEkEVER POSSIBLE. ' UPON A VOICE VOTE, UNANIf�lOUSLY . VOT'ING AYE, CHAIRI�IAN FIIIRRIS DECLiIRED THE MOTION CARRIED 3. PUBLIC HEARIi�G: CO^fS, DERATIO�� OF A PROPOSED CONVERSION CONDOMINIUP�I LICENSIldG MOTION BY MR. OQUIST, SECOPJDE BY MS. GABEL, TO OPEN THE PUBLSC HEARING ON THE CONSIDERATION OF A PROPOSED COl ERSION CONDOMINIUM LICENSING ORDINANCE. UPON A VOICE VOTE, ALL VOTING AYE, HAIRMAN HARRIS DECLARED THE PUBLIC HEARING OPEN AT 9:50 P.M. Mr. Boardman stated the only reason thi is back on the Planning Commission agenda is because when the Planning Commission ok action on this ordinance and recommended approval to the City Council, they did not ave a public hearing at that time. What is needed now is for the Planning Commi ion to take action on the ordinance with a public hearing. MOTION BY h9R. 6JHARTON, SECONDED BY MR. SVANDA, TO�LO5E THE PUBLIC HEARING ON THE COi1SIDERATION OF A PROPOSED COIdVERSION CONDOMINIUM ICENSING ORDINANCE. UPON A VOICE VOTE, ALL VOTI.VG AYE, CHAIRMAN HARRIS DEC ED THE PUBLIC HEARING CLOSED AT 9:51 P.M. MOTION BY t1R. OQUIS?', SECONDED BY MS. VAN DAN, TO RECOMMEND O CITY CDUNCIL APPROVAL OF A PROPOSED CONVERSION CONDOPIINIUM LICENSING ORDI� CE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARR7S DECLAF2ED THE � TION CARRIED UN�1N21�10USLY. 4. RECEIVE APRIL 14, 1981, COP�1MUNITY DEVELOP�1EN7 COP•1�1ISSI0�1 MI�JUTES: MOTID.'�' BY hIR. OQUIST, SECONDED BY rIS. GABEL, TO RECEIVE THE AFRIL I4� 1981, COh1ilUNITY DEVELOPt1ENT COhIr1ISSI0N 11INUTES. P1r. Oquist stated they are still discussing the purpose of ti�eir commission. Mr. Oquist stated that on page 6, because of a request by the City Council, the Community Development Commission mer�t�ers discussed and recommended some criteria as the minimum requirements in establishing a special use pe rn�it for t�vo families in a single fan�ily unit in an R-1 zone. Ne stated the Community Developrnent Co�m�ission tivould like the Planning Commission to concur with this reconmendation. Mr. Oquist stated t.here .�re some things that cannot be enforced, but it has alN�ays been his opinion that if you have an ordinance, at least you can enforce it, but if you don't have an ordinance, there is nothing to enforce and there is no pro- tection for the City. .. 1 D PLAfJ�dIi�G C4��4ISSIO�d P•1EETING, MAY 6, 19&1 PAGE 9 The follo�r�ing chanyes were made to the criteria recommended by the Con�nunity Develo�rr,ent Commission in their mo�ion on page 6: "....to recommend to City Council the follov�ing criteria as ihe minimum requirements for establishing a special use permit for existing sinyle famil_y d�•�ellinq units to allow two families in a single family ti•c �I�ling unitin an R=1 zone: _ 1, i4inimum lot size of 9,U00 sq. ft. 2. Floor area for either family unit not less than 650 sq. ft. 3. Off-street parking, includ�in �U,ara e, for at least 4 vehicles 4. Cannot be perma�ently seaTe� off �.e.., common entry way, one address, one water meter, one gas meter, and one electric meter) 5., Special use permit expires at sale ' 6. One apartment is o,��ner-occupied 7. Canditions of special use permit on file at County 4rith title 8. Conforms with State Building Code. MOTTOV 73Y MR. OQUIST, SECOPIDFD BY MS. HUGHES, TO CONCUR WITH TNE RECOMMENDATIONS OF THE COFIl•9UIJITY DEVELOPI•:FNT COi•11,ISSION, AS Al'4ENDED ABOVE, ON THE CRITERIA AS TFIE MINIl1U11 REQUIREl1ENTS Ii� ESTABLISHING A SPECIAL USE PERt�'IIT FOR EXISTING SIIdGLE FAl?ILY UNITS TO ALLOW TWO FAMILIES IN A SINGLE FAl12LY UNIT IN AN R-1 ZOP7E. UPON A VOICE VOTE, ALL VOTING AYE, CHAII2I�IAN HARRIS DECLARED THE MOTION CARRIED UNANIhiDUSLY . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION TO RECEIVE THE 1�1INUTES CARRIED UNANIb10USLY. 5. 07NER BUSIPdES� A. Bike Trail in'Locke Park Ms. Hughes stated s wanted to alert the P]anning Commission that the County's plan for a b e trail through Locke Park and along Rice Creek is creating a lot of fer r among the citizenry. The County ►�1as about to at•rard bids for an aspha bike trail through the creek bed and thro�agh some marshes which would req ' e some digging and filling, and the citizens east of Old Central we very upset about what was going to be done and began to ask some questi s. There are a nur�ber of actions the citizens have taken by going to the 'ce Creek Watersh�d Qistrict 6oard and the County Board. She stated they re doing a fine job in trying to get an agreeable co4npromise. She sta �d the Parks & Recreation � Com�nission did not know there was goi�ng to an 8-ft. t��ide asphalt path with 2 ft. of grass on either side, plus nother 8 ft. of hiking trail and about 7 bridges across the Creek bet��e Locke Park and t�e►d ari gl�tor�. She stated the Ci ty does not have m h say on thi s, other i.han ��hat goes in Locl:e Park and not much of that ei er, so she felt the citizenry are doing a g�•eat deal of good and are di�gin up facts. She stated the Planning Commission may be seeing some pet ions in the near future. QRDINANCE N0. AN ORDINANCE ESTABLISHING A NEW CHAPTER 11 OF TNE FRIDLEY CITY CODE ENTITLED LICENSES AND PERMITS AND REPEALING OLD CHAPTER 11 IN ITS ENTIRETY THE C1TY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: 11.01. COMPLIANCE No person shall practice or carry on a business. trade or professian in the City without complying with all federal and state regulations, laws, license or permit requirements and with the license and permit requirements of any provision of this Code. 11.02. DEFINITION A business, trade or profession shall include the bartering, selling. purchasing or exchanging of goods, services, and materials wi�h or without compensation. 11.03. APPLICATION Unless otherwise provided in this Code, application for any license or permit required by this Code shall be made with the City Clerk on forms furnished by the City. The applicant shail provide such information as required by the City or any licensing or permit provision of this Code. 11.04. PROCESSING TIME The minimum Tength of time required for the processing of any application shall be determined by the City Clerk who shall inform any appli.cant of the appropriate time reqirements. 11.05. TERM The iicense or permit term begins May 1 of any year through Apri1 30 of the following year, inclusive. unless otherwise provided in this Code. 11.06. RENEWAL No license or permit is automatically re�iewed by the City. Applications for renewal shall be submitted to the Clerk prior to the expiration date for Council approval. � COMPLIANCE OEFINITION APPLICATION PROCESSING TIME TERM RENEWAL `l 11.07. PRORATION AND REFUNDS No license or permit fee shall be prorated or refunded except as expressly provided by 11.10 of this chapter or other licensing and perrnit provision of this Code. � ]1.08. REVOCATIOM Any violation of the terms of this chapter or any other � licensing or permit provision of this Code shall be grounds for suspension and/or revocation of the license or permit by the City Council. Licenses and permits shall be revoked only for cause and upon adequate notice and the opportunity to be heard. 11.09. DISPLAY Any person to whom a license or permit is issued pursuant to this Code shall be required to display such license or permit or to make said license or permit available for review upon request. This provision shall be subordinate to any other provision of this Code which expressly requires that said license or permit shall be displayed or posted. 11.10. FEES License and permit fees shall be as follow: CODE SUBJECT: 17 Auction 27 Billiards 29 15 28 21 12 206 302 Bingo Bowling Alleys Carnivals Christmas Tree Lots Cigarette Sales Contractors Do gs 0 FEE: $20.00 for 2 days, $30.00 weekly, $150 year �40.00 for first table, �10.00 each adcitional �250.00/yr., �30.00 for 4 days �40.Q0 + $10.00/lane �600.00 + $200.00 deposit $200.00 + $100.00 deposit $12.00 See Chapter 206 �2.50 Neutered or spayed �5.00 Non-neutered or Non spayed $T.00 Duplicate (Prorated - $1.00 minimum)* �25.00 Kennel PRORATION AND REFUNOS REVOCATION DISPLAY FEES z i� 702 Drive-in Theaters 607 Entertainment 108 Explosives 103 Fire Arms 108 Fire Alarm Installation 111 Food Establishments (Grocery, Meat, Baker)(Restaurants, Drive-in) 111 Food, Temporary 111 Food Vehicles 25 Golf Course, Oriving Range 26 Hotels, Motels $800 00 $85.00 �10.00/yr. �25.00 $25.00 + Elec. Permit � �45.00* prorated to minimum of $35.00 $30.00 �50.00 first vehicle; $5.00 each additional $30.00 $125.00 first unit; $5.00 each additional � ii 202 House Trailers �30.00 temporary parking � $50.00 occupancy 24 Junk Yards �350.00 603 Liquor (On-Sale) 0-3000 sq. ft. 3001 6000 sq. ft. Over 6000 sq. ft. No Entertainment $G,000* $7,000* $8,000* Entertainment &/or dancing 7,000* 8,000* 9.000* Investigation Fee �200.00 individual, $400.00 corp, partnership,etc. 603 Liquor (Sunday) �200.00* b02 Liquor, Non-Intox. Malt: � Off Sale Beer $60.00* On Sale Beer �325.00* (includes off sale) On Sale Temporary Beer �60.00 Investigation Fee, initial On Sale Beer $90.00 individual �180 00 corp � • � partnership,etc. 603 Liquor (Wine) �1,000.00* Investigation Fee, initial $200.00 individual, $400.00 corp, partnership,etc. 603 Liquor (Employee Dispensing $10.00 Liquor - Intox) *Prorate � page 4 605 Liquor (Bottle Club) 605 Liquor (Public Drinking) 606 Liquor (Veterans) 301 Livestock Horses Cows, goats and/or sheep Rabbits Fowl 5 Acres plus farm 509 Motorized Vehicles Rental 18 Movers 22p Multiple Dwelling 22 Music Festivals 14 Peddlers/Solicitor I 23 Public Dance 113 Refuse Haulers, Garbage Trucks 13 Retail Gasoline Sales Private Pump 116 Sauna 214 Signs, and/or Billboards 108 Sprinkler Systems 108 Storage Tank Installation (L.P.) 0 $300.00 $300.00 �15D.00 $15.00 first; $5.00 each additional $10.00 first; $1.00 each additional $10.00 $15.00 �25.00 $50.00/vehicle $100.00 State Licensed Single rental unit $12 Two rental units �24 �36.00 for 3-7 units $49.00 for 8-12 units, �49.00 per building with over 12 units + �2.00 per unit for every unit over 12 �700.00/day + $100.00 filing fee �60.00 per peddler �75.00 $60.00 & lst truck, $15.00 each additiona] truck �60.00� $30.00 per location - �500.00 $24.00 less than 40 sq. ft. �60.00 more than 40 sq. ft. $15.00 - lst 10 Heads . $1.50 Each 10 Thereafter �65.00 0 - 10,000 gallons �85.00 10,001 - and up gallons $15.00 Mixer $15.00 Vaporizer 2 C s� Page 5 16 Street Vendir�g 115 Swimming Pools, Public 504 Taxicab 203 Trailer Parks 104 Tree Removal/Treatment 108 UFC Article 2 - �'ire Rebuilding 108 UFC Article 3 - Auto Wrecking 108 UFC Article 4 - Refinishing 108 UFC Article 8 - Compressed Gases 108 UFC Article 9 - Grain Elevators 108 UFC Article 12 - Fireworks 108 UFC Art i c 1 e 13 - Restaurant Ext. Systems 108 UFC Article 14 - Sprayfinishing 108 UFC Article 15 - Flamable Liquids 108 UFC Article 15 - � Cryogenics 108 UFC Article 15 - tJnderground Tank Removal 108 UFC Article 17 - Fumigation 108 UFC Article 18 - Repair Garages : , 2 1) �- �30.00 industrial �50.00 residential b75.00 both �250.00 per outdoor pool $350.00 per indoor pool + 25� of base per added pool, � , within the same ' enclosed area. �50.00 company & 1st cab + $5.00 each additional vechicle �30.00 + $1.00 per trailer site (One Time Fee) $40.00 �250.00 $200.00 $50.00 �30.00 �100.00 $50.00 $50.00 $30.00 : $?0.00 $30.00 $50.00 �50.00 $30.00 Page h ? �:_ 108 UFC Articie 21 - �3Q.00 Fiber Yards and Woodworking � 108 UFC Article 22 - �30.00 Magneseum more than 10/day : 108 & UFC Article 27 - Burning Permits $50.00 109 19 Used Motor Vehicles $150.00/yr. _ 111 Vending Machines �5.00 - 10¢ items & seaied, $10.00 - 10� not sealed �25.00 more than 10¢ items FEES FOR SERVICES RENDERED 206 Building Permit Fees See Chapter 206 : 206 Certificate of Occupancy Fees See Chapter 206 f � � 206 Electrical Permit Fees See Chapter 206 206 Land Alteration Excavating or Grading See Chapter 206 - Fees Uniform Building Code Chapter 70 adopted by reference (Plan Checking ; Fees and Grading Permit Fees} i 212 (Mining Permit) See Chapter 212 { 1 211 Lot Splits $100.00 i 206 Mechanical Permit Fees See Chapter 206 : � 206 Moving Permits Fee See Chapter 206 211 Plat �500.00/20 lots + $15.00 each i additional lot 206 Plumbing Permit Fees See Chapter 206 20b Reinspection - Building fee See Chapter 206 205 Rezoning . $300.00 206 & Sewer Permit Fee See Chapter 206 � 402 205 Special Use $200.00 for all, $100.00 for 2nd access. bldg. 205 Town House Development �500.00 • 206 Utility Exca�ations Permit Fees See Chapter 206 206 & Water Permit Fee 402 206 & Water Tap Fee 402 206 Waters/Waterways Permit Fees 206 Wrecking Fee City Vacations Charter 211 Variance 2f See Chapter 206 ' See Chapter 206 See Chapter 206 ' See Chapter 206 �150.00 $60.00 for R-1, $100.00 for all other 11.11 PENALTY PENALTY The penalty for late payment of all licenses and permit fees as shown in Section 11.10 of the City Code shall be 25% of the amount of the fee if received from 1 to 7 days late. If the payment is received more than 7 days after it is due, the penalty shall be 50� of the fee. (Ref. 619) ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1981. NWYOR, WILLIAM J. NEE ATTEST: � CITY CLERK, SIDNEY C. INMAN . 0156A/1398A � ORDINANCE N0. AN ORDINANCE ESTABLISHING CHAPTER l24 OF THE FRIDLEY CITY CODE RELATING TO NOISE, PROVIDING FOR THE PREVENTION AND ELIMINATION OF EXCESSIVE AND UNNECESSARY NOISE, AND IMPOSING A PENALTY FOR VIOLATION (This Chapter is a new Chapter and has been codified as of ) SECTION 124.01 PURPOSE PURPOSE 1. The Council of the City of Fridley deems that certain levels and amounts of noise are detrimental to the health, safety and general . welfare of the public. > SECTION 124.02. DEFINITIONS DEFINITIONS 1. Air Circulation Device means a mechanism designed and used for the contro ed f ow of air used in ventilation, cooling or conditioning, including, but not limited to, central and window air conditioning units. 2. City means a noise control officer, peace officer, or any other du� appointed representative of the City as designated by the City Manager. 3. Decibel is a unit of sound pressure level, abbreviated dB. 4. dBA is a unit of sound level. dBA is the weighted pound pressure �evel by the use of the A metering characteristic and weighting as specified in ANSI Specification for Sound Level Meters, SL4-1971. which is hereby incorporated by reference. For the purpose of tfi ose regulations, dBA is used as a measure of human response to sound. 5. Exhaust System means a combination of components which provides for encTosed f ow of exhaust gas from engine parts to the atmosphere. 6. L�Q is the sound level, expressed in decibels (dBA), which is exC�eeded 10 percent of the time for a one hour period, as measured by a sound level meter having characteristics as specified in the latest standards, 1.4, of the American National Standards Institute and using test procedures approved by the City. 7. �p is the sound level similarly expressed and measured which is exc'eeded 50 percent of the time for a one hour period. 8. Noise means any excessive and unnecessary sound not occurring in the natural environment, including, but not limited to, sounds emanating from aircraft and highways, and industrial, commercial and residential sources. � Page 2 -- ORDINANCE N0. g. Person means an individual, firm, partnership, corporation, trustee, association, the state and its agencies and subdivisions, or any body of persons whether incorporated or not With respect to acts prohibited or required herein, "person" shall include employees and licensees. 10. Sound is an oscillation in pressure, stress, particle displacFment, particle velocity, etc., in an elastic or partially elastic medium, or the superposition of such propagated alterations. 11. Sound Pressure Level (SPL) is 20 times the logarithm to the base 10 o the ratio of the pressure of a sound, p, to the reference pressure, pr. For the purposes of these regulations, the reference pressure shall be 20 micronewtons per square meter (20 u N/m2). In equation form, Sound Pressure Level in units of decibels is expressed as. SPL (dB) = 20 log �pP�Pr 12. Sound Receiving Unit means a person, activity, animal life, or property wh�ch is affected by noise. SECTION 124.03. RECEIVING I.AND USE STANDARDS 1. The sound level requirements of this section shall apply at the property or zoning lines of the sound receiving unit Measurements may be made at any location on the property for evaluation purposes and to aid in the enforcement of otner sections of this Chapter. 2. The sound levels as stated below shall be the highest sound levels permitted in each of the zoning districts as defined in Chapter 205 of the Fridley Zoning Code. Day Night Zoning Districts L50 L10 ` L50 L10 (7 a.m_ - 9 p.m.) (9 p.m. - 7 a.m.) R-1, R-2, R-3, P 60 65 50 55 C-1. C 1S, C-2, C-2S, � CR1, CR2, 65 70 65 70 M-1, M-2 75 80 75 80 3. Sound levels resulting from cumulative travel of motor vehicles on state and county highN�ays arrd railroads are exempt from these Receiving Land Use Standards but not other sections of this ordinance relating to motor vehicles and railroads. This does not exempt individual motor vehicles from any and all federal, state, or local regulations. It is the intent of the City to reduce highway noise in the various land areas surrounding highways to or below the requirements of this section when and wherever possible. 0 j �� RECEIVING LAND USE STANDARDS - . Page 3 --� ORDINANCE N0. � " ' SECTION 1L4.04. MOTOR VEHICLES NOISE LIMITS No person shall operate a motor vehicle in the City in violation of the motor vehicle noise 1imits of the Minnesota Pollution Control Agency. (M.S. 169.693) SECTION 124.05. CENTRAL AIR CONDITIONING EQUIPMENT 1 n5'�G�� No person may shall permanently�or place any central air conditioning device, except a window air conditioning unit, in any front or side yard without a permit from the City. Window air conditioning units are exempt from the provisions of.this subdivision, except that the noise produced by such window units, as well as by all existing air circulation devices, shall be not be in violation of Section 124 03 of this ordinance. SECTION 124.06. OPERRTIONAL LIMI7S 1. Recreational Vehicles. Recreation vehicles shall be subject to M. . 84.90 and Section 703 of the City Code. 2. Outdoor Power Implements. No person shall operate any outdoor po�ver imp ement, including but not limited to gasoline or electric lawn mowers, hedge clippers, chain saws, mulchers, garden tillers, edgers. or such other implements designed primarily for outdoor use, at any time other than between the h.ours o m.��o� w ekends 9an�d p m- on weekdays and 9:00 a.m. and 9:00 p. national legal holidays. Snow removal equipment is exempted from this provision. 3. Construction Activities. Construction work hours shall be subject to Sections 18.11 and 18.12 of the City Code. � 4. Refuse Hauling. Refuse hauling hours shall be subject to Section �13.10 of the City Code. SECTION 124.07. PUBLIC NUISANCE NOISES PROHIBITED General. It shall be unlawful for any person to make or cause to be made any uistinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the health, safety, and general welfare of any persons or precludes their enjoyment of property or affects their property's value. The following acts, among others, are declared to be nuisance noises in violation of this Ordinance but said enumeration shall not be deemed to be exclusive. 1. Horns, Audible Si nalin Devices, etc. No person shall sound any signaling device on any vehic e except as a warning of danger (M.S. 169.68). � �B MOTOR VEHICLE NOISE L:IMITS CEN7RAL AIR CONDITIONING EQUIPMENT OPERATIONAL LIMITS PUBLIC NUISANCE NOISE PROHIBITED n.. . �;._�._ . :c..,. ,..._ . ,,.._ . . , . t � y.w.A�_aw,a. J .ti.+�,c;....e.a�_�..iL:.r_ e.......:..�.�..o..,..o� ... ._ . .. . - ._ Page 4-- ORDINAPdCE N0. �� 2. Radios, Phonographs. Paging Systems etc. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to disturb the peace, quiet and comfort of any persons nearby. 3, participation in Noisy Parties or Gatherings. No person shall participate in any party or other gathering of people giving rise to noise, disturbing the peace, quiet, or repose of other persons. When a peace officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shail refuse to leave after bein��rdered by a peace officer to do so. Every owner or tenant of,��remises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped. 4. Loud Speakers, Amplifiers for Advertising. No person shall operate or permit the use or operation of any loudspeaker, sound amplifier, or other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle. 5. Animals. Animals shall be subject to Section 302.03 of the City Code. 6. Exhausts. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine or motor boat, motor vehicle, or snowmobile except through a muffler or other device which will effectively prevent loud or explosive noises therefrom and complies with all applicaple state laws and regulations. (M.S. 169.69). 7. Defective Vehicle or Load. No person shall use any vehicle so out of repair or so oaded as to create loud and unnecessary grating, grinding, rattling or other noise. 8. Loading, Unloading, Unpacking. fvo person shall create loud and excessive no�se �n connection with loading. unlaading, or unpacking of any vehicle. • Page 5 -- OROINANCE N0. SECTION 12�4.08. EXCEPTION FOR EMERGENCY WORK Noise created exclusively in the performance of emergency work to preserve the public f�ealth, safety, or general welfare, or in the performance of emergency work necessary to restore a public service or eliminate a pul�lic hazard shall be exempt from the provisions of this ordinance. Any persons responsible for such emergency work shall take all reasonable actions to minimize the amount of noise. SECTION 124.09. ENFORCEMEP�T 1. Administration. The noise control program established by this ordinance shal be administered by the City. 2. Testing Procedures. The City shall adopt guidelines establishing the test procedures and instrumentation to be used in enforcing the provisians of Section 124.03 imposing noise standards. A copy of such guidelines shall be kept on file in City Hall and shall be available to the public for reference during office hours. 3. Studies, etc. The City shall conduct such research, monitoring, and other studies related to sound as are necessary or useful in enforcing this ordinance and reducing noise in the city. The City shall make such investigations and inspections in accordance with law as required in applying ordinance requirements. ' 4. Noise Impact Statements. The City may require any person applying to the City for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration or project that may be considered as a potential noise source to submit a noise impact statement on a form prescribed by the City. 5. Other Powers and Duties. The City shall exercise such other powers and perform such other duties as are reasonable and necessary to enforce this ordinance. � 6. Criminal Penalties. The violation of any provisions of this ordinance except Section 124.04, shall be subject to Chapter 901 of the City Code. 7. Civil Aetion. The provisions of this ordinance may be enforced through injunction, mandamus, or other appropriate civil remedy. S 1.) EXCEPTION FOR EMERGENCY WORK ENFORCEMENT PAGE 6- ORDINANCE N0. � � E SECTION 124 10 VARIANCES VARIANCES The City Council shall have authority, consistent with this section to grant variances from the requirements of all sections of this Ordinance. Variances shall be subject to Section 6.141 of the City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF TNE C1TY OF FRIDLEY THIS DAY OF , 1981. YOR - WILLIAM J. NEE � Attest: CITY CLERK - SIDNEY C. INMAN Public Hearing: June 8. 1981' First Reading: Second Reading: Publ ish � 0014A/0803A � � � ;I ORDINANCE N0. AN ORDINA►vr,E ESTALLISHING A NEW CHAPTER 108 OF THE FkIULEY CI7Y CUDE ENTITLED FIRE PKEVENTION AND CONTROI AND REPEALING OLD CNAPTER 108 IN ITS ENTIRETY The City Council of the City of Fridley does ordain as follows: Prior Chapter 108 is hereby repeaied in its entirety. New Chapter 108 is adopted as follows: 108.01. FIRE PREVENTION At��D CONTROL POLICY STATENiENT. It is declared to be the policy of the City of Fridley to vigorously promote th2 safety and arelfare of its citizens. In this context, the traditional approacn to fire serv�ce --- suppressing fiires once ignited, rescuing survivors, and too frequently exposiny firefighters to physical danger and aeath, all at a disportionately hign community investment of resources in manpower and eyuipment --- is declared unacceptable for Fridley. Rather, it is the fire safety policy of the City of Fridley to efficiently utilize its resources and maximize life, safety and citizen Vlelfare bv requiring that fire prevention and extinguishing systems be built into certain new structures. �Thus, the effectiveness of the Fridley Fire Department is enhanced and extended at a lot��er cost to the citizenry, life safety is allocaied a priority at leGst as great as property protection, and the o�•�ner cost of built-in fire protection is partially or whoily repaid in savings on initial construction costs and annual fire insurance premiums. 108.02. ADOPTION OF FIRE PREVENTION CODE Minnesota Uniform Fire Code Adopted. The Minnesota Uniform Fire Prevention Code, as promulgated by the Minnesota Department of Public Safety, and embodied in Chapter Four of the Rules and Regulations of the State Fire Marshall Division (Fire h1ar. 30-51 inclusive) is hereby adopted by reference and made a part of this code, hereafter referred as MUFC except for those provisions of said code amended, modified or deleted. (Ref 329, 475) 108.021. Amendments, Modifications to MUFC The MUFC is amended as fo�lows: Amendments 1. Fire Mar. 45 is deleted and Article 20 of the UFC (published by the International Conference of Building Officials and Western Fire Chiefs Association, 1973 Ed.) is adopted in it's entirety by reference. E � ADOPTION OF FIRE ' PREVENTION CODE AMENDMENT MODIFICATIONS y �,: PAGE 2 - OftDINAPJr,E Nq. 2. Fire Mar. 33, Section C. is de:leted in it.'s entirety anc� Section ].2U3 of UFC (puhlished by the lnternational Conference of L'uilcling Officials and Western Fire Chiefs Association, 1Q73 Ed.) is adopted in it's entirety. 3. Fire Mar. 33, Section D. is deleted in it's entirety and Section 1.204 of UFC (p�ablished by the International Conference of Building Officials and 4Jestern Fire Chiefs Association, 1973 Ed.) is adopted in it's entirety. 4. Fire Mar. 33, Section G. is deleted in it's entirety and Section 1.207 of UFC (published by the International Conf erence of Building Officials and Western Fire Chiefs Association, 1973 Ed.) is adopted in it's entirety. SECTION 108.03. FEES, USER SERVICE CHARGES l. Plan check and building inspection fees The Fire Chief shall charge a fee equal to lq of the building �ermit fee for eGcn multiple d�relling, commercial, industrial or public assembly to offset costs incurred by the department SERVICE CHARGES �i � h dur�ng development and construction. - 2. Ir�stallation Fees Installation fees and permits shal be required for the following: Auto Sprinkler Systems : Fire Alarm System Restaurant Hood Ext. System 3. Permit fees _ Wherein permits are required in the Articles of the Uniform Fire Code and in other portions of this code, the Chief of the ire Department shall collect tees in accerdance with t��e schedule set forth in Ci�apter 11 of the City Code of Fridley. SECTION 108.031. Fee Schedule The fees as provided in this ordinance shall be annually reviewed and presented to ti�e City Council and shall be constructed so as to insure proper charges for services rendered. G 8 FEE SCHEOULE ■ �— pAG� 3 o�otr��r�c��. �_�F 10II.04. FIRE EX1It�IGUISIIERS 10�.041. No fire extinguisher, requirecl by the Fire Prevention Bureau, shall be deemed acr.eptable unless such extinguisher has been appt"UV�d bJ and carriF, the rating label of the Underwriters Laboratories on Factory Mutuals. 108.042. All required fire extinguishers shall be maintained in accordance with tJ.F.P.A. Stu. n10 entitled, Std for Portable Fire extinguishers. eu 1975. . 108.043. The recharging of chemically activated hand fire extinguishers shall be accomplished by persons who are skilled and competent in such a�ork, including certified firms or individuals who are actively engaged in the business of fire extinguisher servicing in the area and by such other persons who have been approved by the Chief of the Fire Prevention Bureau, such as persons who by training and qualifications are able to perform such service (Ref. 262.) 108.05. EXPLOSIVES 108.051. Permits for the use of explosives shall be obtained from the Police Department. (Ref. 475) 108.052. ' No person shall possess, store, keep, sell or offer for sale, or give away, use, discharge or transport any explosives in the City except by the authority of a written permit as specified above and recommenoed by the Fire Prevention Officer. 0 � FIRE EXTINGUISHERS 0 EXPLOSIVES � �i pt1GE �1 - ORDI NANCE Nq. lOf�.OF,. FIREL�NES The Fire Prevention Chief or his duly authorized assistant shall be ernprn��erE�d to oraer the establishmc�nt of fire lanes on public or private property as may be necessary in order that the travel of fire equipmf•nt may not be impeded or interfered with, and that acr.ess to fire hydrants and . buildings may not be blocked off. When � fire lane has been ordered to be established, it shall be marked by a sign bearing the v�urds "No Parking - Fire Lane" or a similar message. when such fire lane is established on public property or a public riyht of v�ay, the necessary sign or signs shall be provided by the City of Fridley, and when on private property, they shall be erected and maintained by the owner at his expense. Such signs shall be installed within thirty (30) days after notification of the order. Thereafter, no person shall park a vehicle or othervaise occupy or obstruct a fire lane. (Ref. 423, 640). 108.07. LOCAL PROTECTIVE ALARh�S The educational, institutional and the following residential occupanies--hotels, dormitories, lodging and rooming homes, apartment buildings having 4 or more units. -- shall have Toca1 pratective alarm systems 108.071. For the purposes of this Code, educational, institutional and the following residential occupancies -- hotels, dormitories, lodging and rooming homes -- as defined in the N.F.P.A. Std. 101, ref erred to as the Life Safety Code, shall be equipped Y�ith a Local Protective Signaling System in accordance with N.F.P.A. Std. 72A. 108.072. � Each alarm system insta�led, in the above listed occupancies shall immediately, ti�.i�en activated by any means, sound a general alarm signal throughout the building and simultaneously signal an alarm condition to the Anoka County Emergency Communications Center or other Center approved by the City of Fridley. The alarm shall be so equipped as to signal the Emergency Communications Center when the alarm is activated or ��hen there is trouble in the alarm system or wtien ttie po<<�er supply is shut off. The Emergency Communications Center shall immediately advise the Fridl�y Fire Department of any such signal. FIRELANES LOCAL PROTECTIVE ALARMS 1} � ln��.f�� PEf?M11-S f�E:�lU1f?i U S��I,jE�ct � UFC Articl�r .? - Tir�: Reb��ilding Plants UFC Articic: � - f��;tu 4lreerin� UFC Ar'tiClf� �; - (`r,rrtir'eS5E�c1 �dSPS UFC Article �� - f;r%,in Elevators UFr ArticlF� 12 - Fire�•��rks UFC Article 14 - `.,G;ravfinishing UFC Article 15 - Fia��:mahle Liquids UFC Article l5 - Cryoyenics UFC Art ic 1�. 15 - E-.errova 1 of Underground Tanks UFC Articl? 17 - F�.,;��iqation UFC Article 19 - tiaz�.rGOUS P�laterials UFC Articl? 18 - PF�pGir �ara es UFC Article 20 - L.P. Gases UFC Article ?1 - Lur�ber yards & Wood�rorking UFC Article 22 - t-�agr.esium more than 10/day UFC Article 13 - Restaurant Hood Systems UFC Article 2% Burning Permits UFC Article 4 Eor�ling Ailey Ref. Sprinkler Systems Fire Alarm Inst. � � 108.081 FEES FOR PERMITS REQUIREO BY THIS ORDINANCE SHALL BE AS SET FORTH IN ' CHAPTER 1 OF THE CITY CODE OF FRIDLEY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1981. - hWYOR - WILLIAM J. NEE ATTEST: CITY CLERK - SIDNEY C. INhIAN � UQ 14 �1/ 117;��1 � �__.__......_ �I D � � ORDINANCE: N0. AN ORDINANCE TO REPEAL OLD CHAPTERS 18 AND 206 OF THE FRIDLEY CTTY CODE EPdTITLED "CONTRACTORS" AND "BUILDING CODE AND PERMIT FEES" AND TO ESTABLISH A NEW CNAPTER 206 OF THE FRIDLEY CITY CODE ENTITLED "BUILDING CODE AND RELATED PERMIT FEES" THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS Prior Chapters 18 And 206 Are Hereby Repealed In Their Entirety. New Chapter 206 Of The Fridley City Code Is Hereby Adopted To Read As Follows: 206.01. Building Code The Minnesota State Bui1ding Code, one copy of which is on file in the office of the City Clerk of Fridley, Mn, has been adopted by Minnesota Statute 16.851 (1977) as a uniform building code applicable tr�roughout the State. The 1980 edition of the State Building Code is hereby adopted by reference as the Building Code of the City of Fridley and incorporated in this ordinance as completely as if set out in full. l. Appendices In additic�n to the above, certain Appendices, Standards and Supplemental Materials referenced in the State Building Code are hereby adopted by reference as part of the Building Code of the City of Fridley and incorporated into this ordinance as completely as if set out in full, including but not limited to the following: (a) Technical Requirements for Fallout Shelters, identified as SBC Appendix "A" (b) Variations in Snow Loads, identified as Minnesota State Building Code. Appendix "B". (c) 1979 Uniform Building Code, Appendix Chapter 35. (d) Minnesota Plumbing Code, Appendix "B". 2. Optional Appendices The following Appendices, Standards and Supplemental Materials are not a mandatory part of the State Building Code but are adopted by reference for the City of Fridley and are incorporated into this ordinance as completely as if set out in full . (a) Minnesota State Building Code Appendix "C". Abbreviations and addresses of Technical Qrganizations. 0 BUILDING CODE � �ge 2 (b) 1979 UBC Appendix, Chapters 12. 48, 49, 55 and 70 (c) Minnesota Plumbing Code, Appendices C& D. (d) Flood Proofing Regulations, 5ections 201.2 through�208.2. �6.02. Conflicts � the event of any conflict between t:he provisions of the � �de adopted by the provisions of this article and applicable" �.rovisions of State law or City ordin�nces, rules or regulations, the more restricting prouision shall prevail and be controlling. 206.03. Permits Fees The issuance of permits, conduction of� inspections and collection af fees shall be as providE�d for in Chapter 3 of the Uniform Building Code. Section 304, paragraph (b) is amended to read "...except on occupanr.y groups R-3, the plan check fee shall be 25� of the buildinq permit fee." 1. The fee schedules shall be as fol�ows: a. Building Permit Fees TOTAL UALUATION $1.00 to �500.00 $501.00 to $2,000.00 �2,001.00 to $25,000.00 �25,001.00 to �50,000.00 �50,001.00 to $100,000.00 $100,001.00 and up m FEE $i0.00 CONFLICTS PERMITS FEES $10.00 for the first $500.00 plus �1.50 for each additional $100.00 or fraction thereof, to and including �2,000.00 �32.50 for the first �2,000.00 plus $0.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 �170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 �283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 �443.00 for the first $100,000.00 plus $2 50 for each additional �1,000.00 or fraction thereof a � � Page 3 b. Plumbing Permits Fees Minimum Fee Each Fixture Opening Future Fixture Old Opening, New Fixture Beer Dispenser Blow Off Basin Catch Basin Rain Water Leader Hydraulic Valve Sump or Receiving Tank Water Treating Appliance Hot Water Heater • Other c. Mechanical Permits Fees (1) Residential Minimum Fee Furnace Gas Range Gas Dryer Gas Piping Air Conditioning Other (2) Commercial Minimum Fee FEE $10.00 5.00 3.50 1.50 4.00 5.00 5.00 • 5.00 5.00 5.00 7.00 5.00 1� of Value of fixture or appliance FEE $10.00 20.00 10.00 1Q.00 10 00 10.00 1% of Value of appliance 1% of Value of appliance $10.00 d. Electrical permits fees shall be those fees adopted by the State Electrical Board effective August 18, 1980 with the exception of a minimum permit fee of $10.00 and a total permit fee of �40.00 for single family residence. e. Moving of dwelling or building fee. The permit fee for the moving of a dwelling or building shall be in accordance with the following schedule: For principle building $80.00 For accessory building $20.00 Moving through, within or out of the City �15.00 f. Wrecking Permit Fee (1) For any permit for the wrecking of any building or portion thereof, the fee charge for each such building included in such permit, shall be based on the cubical contents thereof and shall be at the rate of one dollar and twenty-five cents (�1.25) for each one thousand (1000) cubic feet, or fraction thereof. (2) For structures which would be impractical to cube, the wrecking permit fee shall be based on the total cost of wrecking such structure at the rate of six dollars (�6.00) for each five hundred dollars (�500.00) or fraction thereof. 5 l3 Page 4 (3) In no case shall the fee charged for any wrecking permit be less than fifteen dollars ($15.00)• g. Water and Sewer Fees Hytlrant Rental Agreement - Service Charge Water Usage Water Taps Street Patch-First 5 sq. yds. For next 10 sq. yds. Over 15 sq. yds. ' Water Meter Repair-Weekend and Holidays Water Connections Permit Sewer Connections Permit Sewer 0-dapter h. Land Alterations, Excavating or Grading Fees FEES � 25.00 .65 per $1,000 gallons used 16Q.00 125.00 12.50 per sq. yd. 6.25 per sq. yd. 35.00 12.50 25.00 5.00 50 Cubic yards or less $10:00 51 to 100 cubic yards 15.00 10T to 1,000 cubic yards -$15.00 for the first 100 cubic yards plus $7.00 for each additional 100 cubic yards or faction thereof. 1,�01 to i0,000 cubic yards -$78.00 for the first 1,000 cubic yards plus $6.00 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards -$132.00 for the first 10,000 cubic yards plus $27.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more -$375.00 for the first 100,000 cubic yards, plus $15.00 for each additional 10,000 cubic yards or fraction thereof. 206.04. Reinspection A reinspection fee of fifteen dollars ($15.00) shall be assessed for each inspection or reinspection wE�en such portion of work for which inspection is called is not complete or when corrections called for are not made. 1. This subsection is not to be interpreted as requiring r�inspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calTing for inspections before the job is ready for such inspection or reinspection. 2. Reinspection fees may be assessed when the permit card is not property posted on the work site, or the approved plans are not readily available for the inspection, or for failure to provide access on the date and time for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. � REINSPECTION 5C 206.041. Application for Reinspection Where reinspection fees have been assessed no additional inspec- tion of the work will be performed until the required fees have been paid. 206.05. Certificate of Occupancy 1. A Certificate of Occupancy stating that all provisions of this Chapter have been fully complied with, shall be obtained from the City: a. Before any structure for which a building permit is required is used o'r occupied. b. Or before any non-conforming use is improved or enlarged. 2. Application for a Certificate of Occupancy shall be made to the City when the structure or use is ready for occupancy and within ten (10) days thereafter the City shall inspect such structure or use and if found to be in conformity with all provisions of this ordinance, shall sign and issue a Certificate of Occupancy. 3. Change in occupancy. a. The City will be notified of any change in ownership or occupancy when this change occurs for all industrial and commercial structures. b. A new certificate of occupancy will be issued after notification. A twenty-five dollar ($25.00) fee will be assessed for this certificate. 4. Existing Structure or Use a. In the case of a structure or use established, altered, enlarged or moved, upon the issuance and receipt of a Special Use Permit, a Certificate of Qccupancy shall be issued only if all the conditions thereof �shall have been satisfied. b. Whenever an inspection of an existing structure or use is required for issuance of a new Certificate of Occupancy, a thirty five ($35.) dollar fee will be charged. If it is found that such structure or use does not conform to the applicable requirements, the structure or use shall not be occupied until such time as the structure or use is again brought into compliance with such requirements. 206.06. Contractor's License It is deemed in the interest of the public and the residents af the City of Fridley that the work involved in building alteration and construction and the installation of various appliances an� service fiacilities in and for said buildings AP�LICATION FOR REINSPECTION CERTIFICATE OF OCCUPANCY CONTRACTOR'S LICENSE 5D age be done only by individuals, firms and corporations that have demonstrated or submitted evidence of their competency to perf orm such work in accordance with the applicable codes of the City of Fridley. The permits which the Building Inspector is authorized to issue under this code shall be issued only to individuals, firms or c�rporations holding a license issued by the City for work to be performed under the permit, except as hereinafter noted. 1. Requirements Application for license shall be made to the City Clerk and such license shall be granted by a majority vote of the Council upon proof of the Applicant's qualifications thereof, willingness to comply with the provisions of the City Code, filing of certificates evidencing the holding of public liability insurance in the limits of $50,000.00 per person, and $100,000.00 per accident for bodily injury, and �25,000.00 for property damages and certificates of Workmen's Compensation Insurance as required by law. 2. Fee The fee for each license required by the provision of this section shall be thirty-five ($35.00) per year. 3. Expiration All licenses issued under the provisions of this article shall expire on April 30 following the date of issuance unless sooner revoked or forfeited. If a license granted hereunder is not renewed previous to its expiration then all rights granted by such license shall cease and any work performed after the expiration of the license shall be in violation of this code. 4. Renewal Person renewing:their license issued under this article after the expiration date shall be charged the full annual license fee. No prorated license fee shall be allowed. 5. Specific Trades Licensed Licenses shall be obtained by every person engaging in the following businesses or work in accordance with the applicable ordinances of the City of Fridley: 1. 2. 3. 4. 6. 7. 8. General contractors in the business of building construction. Masonry and brick work Roof i ng PTastering, stucco work, sheet rock taping. Heating, ventilation and refrigeration Gas piping, gas services, gas equipment installation Oil heating and piping work. Excavations, including excavation for footings, basements, sewer and water line installation � 5k Page 9. Wrecking of buildings. 10. Sign erection, construction, electrical signs. 11. Blacktopping and asphalt work 12. Chimney Sweeps 6. Employees and Subcontractors and repair, including billboards and A license granted to a general contractor under this article shall include the right to perform all of the work included in his general contract. Such licenses shall include any or all of the persons performing the work which is classified and listed in this code providing that each person performing such work is in the regular employ and qualified under state law and the provisions of this building code to perform such work. In these cases. the general contractor shall be responsible for all of the work so performed. Sub-contractors on any work shall be required to comply with the sections of this code pertaining to license, bond, qualifications, etc., for his/her particular type of work. 7. Suspension and Revocation Generally The City Council shall have the power to suspend or revoke the license of any person licensed under the regulations of this article, whose work is found to be improper or defective or so unsafe as to jeopardize life or property providing the person holding such license is given twenty (20) days notice and granted the opportunity to be heard before such action is taken. If and when such notice is sent to the legal address of the licensee and they fail or refuse to appear at the said hearing, their license will be automatically suspended or revoked five (5) days after date of hearing. 8. Time of Suspension When a license issued under this period of suspension shall be not nor more than one (1) year, such the City Council. 9. Revocation, �Reinstatement article is suspended, the less than thirty (30) days period being determined by When any person holding a license as provided herein has been convicted for the second time by a court of law for violation of any of the provisions of this Code, the City Council shall revoke the license of the person so convicted. Such person may not make application for a new license for a period of one year. 10. Permit To Homeowners The owner of any single family property may perform work on property ►vhich the owner occupies so long as the work when performed is in accordance with the codes of the City and for such purpose a permit may be granted to such owner without a license obtained. 5F Page 8 11. State �icensed Contractors Excepted Those persons who possess valid master licenses issued by the State of Minnesota shall not be required to obtain a license from the City; they shall, however, be required to file proof of th� existence of a valid master's license together with proof of satisfactory Workmen's Compensation Insurance coverage. 12. Public Service Corporations Excepted Public Service Corporations shall not be required to obtain licenses for tivork upon or in connection with their own property except as may be provided by other ordinances. 13. Manufacturers Excepted Manufacturers shall not be required to obtain licenses for work incorporated within equipment as part of manufacturing except as may be provided by other chapters of this Code. 14. Assumption Of Liability This chapter shall not be construed to affect the responsibility or liability of any party owning, operating, controlling, or installing the above described work for damages to persons or property caused by any defect therein; nor shail the City of Fridley be held as assuming any such liability by reason of the licensing of persons, firms or corporations engaged in such work. 206.07,. Utility Excavations 1. Permit Required Before any work is performed which includes cutting a curb or excavation on or under any street or curbing a permit shall be applied for from the City. The Public Works Department shall verify the location of the watermain and sanitary sewer connections before any excavation or grading sha71 be permitted an the premises. The permit shall specify the location, width, length, and depth of the necessary excavation. It shall further state the specifications and condition of public facility restoration. Such specifications shall require the public facilities to be restored to at least as good a condition as they were prior to commencement of ��ork. Concrete curb and gutter or any street patching shall be constructed and inspected by the Gity, unless specified otherwise. 2. Deposit - Required Where plans and specifications indicate that proposed work includes connection to sanitary sewer, watermain, a curb cut, or any other disruption that may cause damage to the facilities of the City, the application for permit shall be accompanied by a two hundred dollar (�200.00) cash deposit as a guarantee that all restoration work will be completed and City facilities left in an undamaged condition. � UTILITY EXCAVATIONS 5G Tr�e reyuirement of a cash c!eposit shall not apply to any public utility corporations franchised to do business within the City. 3. Maximum Deposit No persan shall be required to have more than four hundred dollars ($400.00) on deposit with the City at any one time by reason of this division; provided that such deposit shall be subjected to compliance with all the requirements of this division as to all building permits issued ta such person prior to the deposit being refunded. 4. Inspections (aj Before any backfilling is done in an excavation approved under this division, the City shall be notified for a review of the conditions of construction. � (b) During and after restoration the City engineer or his designate shall inspect the work to assure compliance. 5. Return of Deposit The City Engineer shall authorize refundment of the deposit when resioration has been completed to satisfactory campli�nce with this section. 6. Forfeiture of Deposit Any person who fails to complete any of the requirements shall forfeit to the City such portion of the deposit as is necessary to pay for having such work done. 206.08. Building Site Requirements l. General In addition to the provisions of this article, all building site requirements of the City's Zoning Code chapter 205 and additions shall be followed before a building permit may be issued. 2. Utilities and Str�et Required No building permit shall be issued for any new construction unless �nd ur�til all utilities are installed in the public street adjacent to the parcel of iand to be improved and the rough grading of the adjacent street has been completed to the extent that adequate street access to the parcel is available. 3. Trailer Prohibitions The removal of wheels from any trailer, or the remodeling of a trailer except in a trailer park through the construction of a foundation or the enclosure of the space between the base of the trailer and the ground, or through the construction of additions to provicie extra floor space will not be considered as conforming Wlth the City's building code in any respect and will, therefo►•e be prohibited. BUILDING SITE REQUIREMENTS 5H 4. Equipment And Material Storage No construction equipment and/or material storage pertaining to construction shall be stored on any property within the city without a valid building permit. When construction is completed and a Certificate of Occupancy has been issued, any equipment or materials must be removed within thirty (s0) days from the issuance date on the Certificate of Occupancy. 5. Construction Work Hours It shall be unlawful for any person or company acting as a contractor for payment, to engage in the construction of any building, structure or utility including but not limited to the making of any excavation, clearing of surface land, and loading or unloading materials, equipment or supplies, anywhere in the City except between the hours of 7:00 A.M. and 9:00 P.M. Monday through Friday and between the hours of 9:00 A.M. and 9:00 P.M. on Saturdays and legal national holidays. However, such activity shall be lawful if an alternate hours work permit therefore has been issued by the City upon application in accordance with requirements of the paragraph below. It shall be unlawful to engage in such work or activity on Sunday or any legal national holiday unless an alternate hours work permit for such work has first been issued. Nothing in this ordinance shall be construed to prevent any work necessary to prevent injury to persons or property at any time. 6. Alternate Hours Work Permit Application for an alternate hours work permit shall be made in writing to the City Manager and shall state the name of • the applicant and his business address, the location of the proposed work and the reason for seeking a permit to do such work, as well as the estimated time of the proposed operations. No such permit shall be issued excepting where the public welfare will be harmed by failure to perform the work at the times indicated. 7. Safeguards Warning barricades and lights shall be maintained whenever necessary for the protection of,pedestrians and traffic; and temporary roofs over sidewalks shall be constructed whenever . there is danger from falling articles or materials to pedestrians. 206.09. Drainage And Grading 1. Investigation After a building permit has been applied for and prior to the issuance of said permit, the City shall thoroughly investi- gate the existing drainage features of the property to be used. DRAINAGE AND GRADING 51 Page 11 2. Obstruction of Natural Drainage Prohibited No building permit shall be issued for the construction of any building on which construction or necessary grading thereto shall obstruct any natural drainage waterway. 3. Undrainable Lands No building permit shall be issued for the construction of any building upon ground which cannot be properly drained. 4. Protection of Existing Drainage Installations Where application is made for a building permit and subsequent investigation shows that the property to be occupied by said building is adjacent to a portion of a public road or street containing a drainage culvert, catch basin, sewer, special ditch or any other artificial drainage structures used for the purpose of draining said property and/or neighboring property, the applicant shall specifically agree in writing to protect these waterways in such a way that they shall not be affected by the proposed building construction or grad�ng work incidental thereto. 5. Order to Regrade The City may order the applicant to regrade property if existing grade does not conform to any provision of this division, if the grade indicated in the preliminary plan has not been followed, or if the grade poses a drainage problem to neighboring properties. 206.10. WATERS, WATERWAYS 1. Definition As used in this article, the terms waters and/or waterways shall include all public waterways as defined by Minnesota Statutes Section 105.38, subdivision l, and shall also include all bodies of water, natural or artificial, including ponds, streams, �lakes, swamps, and ditches which are a part of or contribute to the collection, runoff, or storage waters within the city or directly or indirectly affect the collection, transportation, storage, or disposal of the storm and surface waters system in the City. 2. Permit Required No person shall cause or permit any waters or waterways to be created, dammed, altered, filled, dredged, or eliminated, or cause the water level elevation thereof to be artificially altered without first securing a per•mit from the City. 3. Application for Permit Applications for permits required by the provisions of this article shail be made in writing upon printed forms furnished by the City Clerk: , 0 WATERS, WATERWAYS 5J Page 12 . 4. Scope of Proposed Work Applications for permits required by this article shall be accompanied with a complete anci detailed description of the proposed work together with comp1ete plans and topographical survey map clearly illustrating the proposed work and its effect upon existing waters and water handling facilities. 5. Fees A fee of twenty-five dollars ($25.00) shall be paid to the City and upon the filing of an application for a permit required by the provisions of this section to defray the costs of investigating and considering such application. 206.11. Penalties Any violation of this chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. 206.12. Repeal Prior Chapters 18 and 206 of the Fridley City Code are hereby repealed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 1981 MAYOR.- WILLIAM J. NEE ATTEST: CITY CLERK - SIDNEY C. INMAN 415GA/1399A PENALTIES REPEAL DAY J �� : ; i i ? r OROINANCE N0. AN ORDINANCE AMENDING SECTION 113.10 (7) OF CHAPTER 113 OF THE FRIDLEY CITY CODE ENTITLED "REFUSE OISPOSAL". THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: Section 113.10 (7) of the City Code is hereby amended to read as follows: 7. Hours: pE�Persons engaged in hauling refuse or garbage for hire from residential areas within the City of Fridley shall do so �¢�¢�`¢/�1'��/AlD�I/�� ¢y/�t��/p�y{�/�qf j��(�//g�� betUleen the hours of 7:00 A.M. and 9:00 P.M�. on weekdays and 9:00 A.M. and 9:00 P.M. on weekends and national holidays. F�d��k��7��!/��X;��1f��/¢�r��,��X�1�6��v��!/��A��`�'� 11��`1��`1��i ��l��n►��/��XX/��/��x�/��/�v�/�v��/�/��d�/��v� ��¢��i��a��x��ii��i��xxi��i��i��i��ci�� i��xi�,��xx��i�a��i�� PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1981. ATTEST: CITY CLERK - SIDNEY C. INMAN First Reading: Second Reading: Publish: � 142aA/0014A MAYOR - WILLIAM J. NEE 6 7 0 CITY OF FRIULEY PLAN�d1r1G COr�c�1ISSI0t! h1EETI��G, JUNE 3, 1981 CALL TO OP.UE(2: Cl�airman Harris called the June 3, 1981, Planning Commission meeting to order at 7:32 p.m. ROLI. CALL: • Mer�bers Present: Mr. Harris, Ms, van Dan, Ms. Gabel, Mr. Svanda, P4r. Oquist, Ms. Hughes (for Mr. Kon�irick), Mr. 4lharton Nfembers Absent: None . Others Present: Jerrold Boardman, City Planner Charles Johanson, 424 Rice Creek Blvd. Mr. & Mrs. Eisenzimmer, 6535 Oakley Dr. APPROVAL OF MAY 6, 1981, PLANNI�aG COP1MISSION ��IINUTES: MOTIOTI BY MR, OQUIST, SECONDED BY MR. SVANDA� TO APPROVE THE.MAY 6� 1981� PLAN�VIIJG COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. �PUBLIC HEARI�IG: REQUEST FOR A SPECIAL USE PERt�IIT, SP #81-08, BY PETER A, EISE��iZIPii�1ER: Per Section 205,051, 2, A, of the Fridley City Cod�e, i:o a o�� the construction of a second accessory building, a 26 ft, by 28 ft. detached garage on Part of Lot 8C, Second Revised Auditor's Subdivision No. 21, the same being 6535 Oakley Drive N.E. MOTION BY MS. GABEL, SECONDED BY MS. VAN DAN, TO OPEN 7'HE PUBLIC HEARING ON SP #83-08 BY PETER A. EISENZIMMER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING OPEN AT 7:36 P.M. Mr. Boardman stated the proposal•is for a new second detached garage, 2b ft, by 28. ft. He stated Mr. Eisenzimmer was in the audience if the Commission had any questions. Ms. Gabel asked h1r. Eisenzimmer if he planned to keep the current garage as a garage or did he plan to convert it into living space? Mr. Eisenzinuner stated he planned to keep it as a garage. 1A PLA;��JI;lr, f,Qi�;qI;SIOiJ h1EETIPdG, JU;lE 3, 19d1 PAGE 2 Mr, Harris asked Mr. Eisenzimmer if he planned to have a surface driveway. Mr. Eisenzir,�mer stated, yes, he planned on putting in a concrete driveway. P4r. Harris asked Mr. Qoardman to define the rules of a home occupation to hir. & �4rs. Eisenzimmer, Mr. Boardman stated that accessory buildings, such as garages, are not allowable for use as a home occupation, so operating an auto body or any other business is not allowed out of a garage. He stated this is just a reminder to Mr. Eisenzimmer that a home occupation would not be allowed and that the garage can only be used as a storage garage, Mr. Eisenzimmer stated he understood that. Mr. Boardman stated that if at any time Mr. Eisenzimmer would want to con��ert �he existing attached garage to living area, he would need a variance because the setback on the side yard is 5 ft, and 1Q ft. is required from living space to the lot ]ine. MOTION BY MR. WHARTON, SECONDED BY 1�2. SVANDA, TO CLOSE THE PUBLIC XEARING ON SP #81-08 BY PETER A. EISENZIMPIER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING GLOSED AT 7:45 P.M. : j�iOTION BY MS. HUGHES, SECONDED BY MR. SVANDA� TO RECOMMEND TO CITY COUNCIL APPROVAL OF THE REQUEST FOR A SPECIAL USE PERMIT, SP #81-08, BY PETER A. EISENZIMMER: PER SECTION 205.051, 2, A, OF fiHE FRIDLEY CITY CODE, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY BUILDING, A 26 FT. BY 28 FT. DETACHED GARAGE O1J PART OF LOT 8C� SECOND REVISED AUDITOR'S SUBDIVISION NO. 21, THE SAME BEING 6535 OAKLEY DRIVE N.E., WITH THE FOLLOWING STIPULATIONS: 1. THERE BE THE SUITABLE SETBACK REQUIREMENTS. 2. THE PROHIBITION OF THE GARAGE BEING USED FOR A HOME OCCUPATION. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN NARRI5 DECLARED THE MOTION CARRIED UNANIMOUSLY. P1r. Harris stated SP #81-08 would go to City Council on June.15. 2. LOT SPLIT REQUEST, L.S. #81-05, BY CHARLES E, JOHANSON: Split Lot 10 in two to make two building sites, Lot 9 and North 1/2 of Lot 10, Block 6, Fridley Park, the same being 6570 Hickory Street N.E., and Lot ]1, and South Half of Lot 10, Block 6, Fridley Park, the same being 6550 Hickory Street N.E. Mr. Harris stated this was not a formal public hearing but would be conducted as an informal public hearing. IB PLA��JI(Ir, CO"•1i1I�SIU�! t�tE:FTIiJG, JUrJC 3, 19�1 PAGE 3 t�lr, �oardman stated this property was located west of the railroad tracks, north of Mississip�i St, on Hickory Street. He stated Mr. Johanson has 135,2 ft. of street fro►�tage off fiickary St. Mr. Johanson has removed the existing structure and is proposing a lot split to make two 67.6 ft. lots. This is allo4lable under �he old platting. k{e stated the lot square footaqe is over the 7,500 sq. ft. requirement. Ne stated P1r. Johanson plans to build a nice looking house on one of the lots. At this ti�ie, Staff has no questions and feels this is an agreeable 1ot split. Ms. Hughes asked if there was any likelihood of drainage problems. Mr. Johanson stated there was not. MOTION BY MR. OQUIST� SECOP7DED BY MS. VAN DI�N, TO RECOMMEND TO CITY COUNCIL APPROVRL OF LOT SPLIT REQUEST, LS #81-05, TO SPLIT LOT 10 IN TWO TO MAKE TWO 13UILAING SITES, LOT 9 AND NORTH 1/2 OF LOT Z0, BLOCK 6, FRIDLEY PARK, THE SAME BEING 657� HICKDRY STREET N.E., AIJD LOT 1I, AND SOUTH HALF OF LOT 10, BLOCK 6, FRIDLEY PARK, THE SAME BEING 6550 HICKORY ST.REET N.E., WITH NO STIPULATIONS. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMDUSLY. _ . . h9r. Harris stated L5 #81-05 would go t� City Council on June 15. ;i. RECEIVE h1AY 7, 1981 , HU��1AN RESOURCES C0��IMISSION MINUTES: MOTION BY M5. VAN DAN, SECONDED BY MS. GABEL, TO RECEIVE THE MAY 7� 1981� HUMAN RESDURCES COMMISSIDN MINUTES. Ms. van Dan stated that the City has hired an intern, C7aire Hughes, for the summer to help with the International Year of Disabled Persons (IYDP) project committee. Ms, Nughes will be working with the handicapped throughout the summer. , UPON A VDICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTlON GARRIED UNANIMOUSLY. 4. RECEIVE MAY 12, 1981, COMMUNITY DEVELOPMENT COMMISSION MINU7ES: MOTION BX MR. OQUIST, SECONDED }3Y MS. HUGNES� TO RECEIVE TNE MAY 1Z� 1981, COM�IU�VITY DEVELOP.�IENT COt1MISSION MINUTES. ' Mr. Oquist stated that the Commission has not yet received any direction f rom the City Council on Industrial Revenue bonds. He stated a motion was made for the Commission to meet ��ith the City Council at a conference meeting to discuss the goals and objectives of the Conqnission. He stated they had continued their dis- . cussion on the purpose of the commission until the next meeting as they were missing two members. UFO.V A 6'DICE VO?'E, ALL VOTINC AYE, Cl1�IRrlAN HARRIS DECL�IP.ED TflE MOTION CARRIED U�V:I VI. IJG.� LY , 7C f'LAi1i�It�G CO!^rtI;SIOi•� P�FETIi�dG, JUt1E 3, 19$1 . PAGE 4 5. RECE.IVE htAY 12, 1981 , APPEALS CU(1i�lISSION P�IyUTES: MOTIO.I BY MS . GA13b'L, SECOIJDL'D BY MR . OQUIST, TO RECEIVL' THE MAY 12 � 1981 � APPEALS CG�N�KISSION MIPJUZ'ES . UPON A VDICE VOTE, ALL VOTI�'VG AYE, CHAIR�9AN HARI4IS DECLARED TXE MOTION CARRIED UNANI�90USLY . 6. RECEIVE MAY 13, 1981, PARKS & RECP,EATION COMh1ISSI0N MINUTES: MOTIO�J BY h1S. HUGHES, SL'CONDED BY MIZ. OQUIST, TO RECEIVE THE MAY 13� 1981, PARKS & RECREATION COMMISSION MINUTES. Ms. Hughes stated the Com�ission had held their elections, and Dave Kondrick was the new chairperson. She was the vice-chairperson. She stated the Parks & Recreation Commission minutes did not reflect that one of the reasons she had denied the nomination for chairperson was because of the fact that she found it very hard t.Q work with Dr. �oudreau. Ms. Nughes siated that regarding the petition for the Ciiy to purchase the property in �he area north of Nillwind Drive, east of Palk and west of Fillmore, for park use, the Commission simply received the petition. This property is in the Moore Lake Redevelopment Area.. She stated the Commission will continue to keep track of that general discussion. The Commission is not particularly in favor of that land for any kind of park use. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE P1AY 4, 1981, HOUSING & REDEVELOPMEiJT AUTHORITY MINUTES: MOTION BY MS. GABEL, SECONDED BY MS. VAN DAN, TO.RECEIVE THE MAY 4� 198I� HOUSING & REDEVELOPMENT AUTHORITY MINUTES. UPON A VOICE VOTE, ALL VOTIIJG AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. OTNER BUSINESS: a. Amendment to Chapter 205 of the Fridley City Code, Generally Known as t e Fri ley Zon�ng Code: Mr. Boardman stated the City Council will be opening a public hearing an Chapter 205 on June S. The pririary reason for opening the public hearing is they are going to take an action to eliminate.special use permits for duplexes in R-1 zoninc�, set up a separate ordinance, and delete it from the existing Zoning Code. The City Council will probably r . 7ll Pl.l��d,dIiVG C01^t1IS;I0P1 t�LCTIP�G, Ji1�iE 3, 1981 PAGE 5 discuss the rest of the Zoning Code in conference meetings. The City Council will also be considering the Community Development Commission's recommendation on existing units of having two families in an existing single family unit. b. Cancellation of June 17 Meeting Date Mr. Boardman stated there were no items for the next Planning Commission meeting on June 17. If the Commission members had no objections, he �ou1d recommend this meeting be cancelled. MOTION BY MR. WHARTOIJ, SECONDED BY MR. OQUIST, TO CANCEL THE JUNE 17, 1981, PLANIJING COMMISSION MEETING. • UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UN�'VIMOUSLY. • ADJOURNMENT: MOTION BY N�. WHARTON, SECONDED BY MR. OQUIST, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE JUNE 3� Z981� PLANNING COMMISSION MEETING ADJOURNED AT 8:35 P.M. I:espectfully su mitted, _ r + ?.�. 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A� �urv�yal Ay rno ►Hi� dnr o) h��F��'``f?..,.A.D. t9�� _ . �ca��sea a��ea�N��r�ao, �NC. . -� ... ' . . . [r,flln�e�N � ivavsyOr•� . ; . . . �. . ' ' � � � ' �.�r ��. - . . � . . .) �� , � . 'j,�� ,,.. ` {,-�tti9� „� �`� � `: � , . . • � . � ' . . t` . .. .. 1 � �� ' RECEiVIi��JG A,�OKA COU��JTY UPDATE OF RICE CREEK B I KE1�dAY/��ALK��AY SYSTEM � 3 i � e J m WYMAN 5MITH LEONARD T.JUSTER HENRY �M. FEIKEMA ALVIN S. MAIMON RONALD l.. NASKVIT2 CAF2L J• NEWOUIST MARK E. HAGGERTY A 5 SOCIAT ES JOHN M.GfBLIN J.CHRiSTOPHER CUNEO JAMES W. HOESCHLER B. WILLIAM EKSTRUM �. . . ,�.�.., _� .... LAW OFFICES SMITH, cTUSTEFt, FETKEMA, MALMON Sc HASKVITZ CHARTERED Fridley Municipal Building , 6431 University Avenue N. E. Fridley, P1innesota 55432 Attention: Mr. Nasim Qureshi, Fridley City Manager RE: Contract for Legal Services Dear Nasim: April 2, 1981 In reviewing my records, it appears that the last time Virgil contract with the City was in February of 1977. That contract 1977 to March 31, 1978 and provided for a charge of $45.OQ per 30 hours of legal services per month and a rate of $40.00 per beyond the retainer hours. SU1TE 1250 BUILDERS EXGMANGE BUILOING MfNNEAPOLIS, MtNNE50TA 55402 TELEPHONE C612j 339-1481 . FRIDLEY OFFICE 6441 UNIVERSITY AVENUE, N. E. i'RIDLEV, MINNESOTA 55432 TELEPHONE �(612) 571-6870 OFCOUNSEL JAMH$ R. CASSERIY and I negotiated a ran from March 1, hour for the first hour for services I personally felt that the 1977 contract which involved considerable negotiation was fair and reasonable for the City and the attorneys. At the time, private clients, such as corporations, banks, etc. were being charged a fee of �55.00 - $60.00 per hour. Unfortunately, as we have served the past three years without contract, the situation has become increasingly lucrative for the City and correspondingly burdensome to the attorneys. According to the Bureau of Labor Statistics, a$45.00 charge in the metropolitan area in 1577 wauld be exactly comparable to a cyarge of $b1.72 in 1980. The cam- parable figure for 1981 is not yet available but of course would be in excess of $61.72. I sincerely believe that an adjustment is long overdue and an adjustment would be fair and reasonable for both the City and the attorneys. By way of a comparable,• I met several days ago with a member of the Brooklyn Park City Council who indicated that Brooklyn Park pays their City Attorney, Curtis Pearson, $75.00 per hour for legal services with 1980 charges totaling approximately �120,000.00. The council person indicated that the city staf�F and council are very comfortable with the arrangement. 4 • ✓ 4 i a �- �- , t i: �. � r � t i r.. . .� : _ . __ �. . � �� Mr. Nasim Qureshi Page Two April 2, 1981 I would like to enter into a new contract with the City that would run from May l, 1981 through April 30, 1983. After discussing the matter with Virgil, our joint recommendation r�rould be increase the monthly retainer to $2,000.00 per month with an hourly rate of $60.00 for services not covered by the 30 hour retainer. This would not in any sense of the word represent a raise but would simply bring current the terms of the 1977 contract. I am enclosing a proposed agreement for prosecutor services. Thank you for your prompt consideration. CJN:pap enclosure cc: Mr. Virgil Herrick Attorney at Law 6279 University Avenue N. E. Fridley, Minnesota 55432 0 Ve truly yours .. � . ` ewqui st Fridley Prosecutor � i� �,; LAW OFFICES S2�SITFi, cTUSTEI?, FEII{EMA, MALMON Sc HASKVITZ yVYMAN SMITH LEONARD T.JUSTER HENRY H. FE�KEMA ALVIN 5. MAI,MON RONALD L. HASKVITZ CqRI J. NEWOUIST NIARK E. HAGGERTY A5`-�OC�<.TES JOHN M. G�BLIN J. CHRISTOPHER�GUNEO JAMES W. HOESCHLER B. WILLIAM EKSTRUM Fridley Municipal Building 6431 University Avenue Pd. E. Fridley, Minnesota 55432 Attention: Mr. Nasim Qureshi, Fridley City Manager CHARTEREO April 14, 1981 SIJITE 1250 BUILOERS EXCNANGE BUILDING MINNEAPOLIS,MINNESOTA 55402 T£LEPHONE (612) 339•1481 FRIDLEY OFFICE 6441 UNIVERSITY AVENUE, N, E. FRIDLEY,MINNESOTA 55432 TELEPMONE C6�2) 571-6670 OF COVNSEL JAMES R. GASSERI.Y Dear Nasim: From our very brief conference of April 13, 1981, I understand that you are interested in the amount of revenue generated from court fines. Following are the lists of the monthly fines received by the City of Fridley during the period 1977 through 1980: Jan. Feb. March April May June July Aug. Sept. Oct. IVov . Dec. Total 1977 �6,603.08 8,633.38 5,890.75 6,162.33 6,512.88 6,373.02 5,592.08 5,779.00 5,803.00 9,282.�3 5,795.92 6,739.83 $79,167.40 1978 $6,735.25 6,506.50 6,029.63 7,083.05 7,863.50 6,691.00 6,532.67 9,878.67 6,487.34 7,354.08 7,421.58 7,206.17 $85,789.44 1979 $6,421.63 7,934.00 7,009.33 5,671.33 6,258.46 9,335.83 6,476.71 9,168.55 9,193.00 8,573.75 7,354.07 8,979.40 $92,376.06 . • �� $6,691.00 7,160.00 7,476.00 9,111.46 7,501.25 11,781.67 9,885.83 13,027.08 8,675.00 8,667.53 6,017.67 7,017.10 $103,011.89 Unfartunately, I was not able to readily obtain the fine figures for the year of 1976. Simple extrapolation based on the years 1977 through 1980 indicates that there has been a 33°� increase in fine revenue paid to the of Fridley during the term of the present prosecutorial contract. base C i ty �ecause the City receives only one-half of the total fines collected, total fine revenue would in each case be double the above listed amounts. Obviously, a system that would generate fines totaling $206,023.78 during 1980 is both complex and extensive. I believe my skill and experience has provided the City of Fridley with a maximum of service and revenue at a modest cost. � � , . Mr. Nasim Qureshi Page Two Apr�1 14, 1981 I have administered our criminal court system for the past 10 years efficiently, smoothly and without complaint. I hope I can continue this relationship for the next 10 years. At the same time, I must necessarily rely on your fairness from time to time in adjusting our contractual terms. My annual reports to you advised you of the specific number of court cases, jury cases, and related matters that I have handled each year. If I can supply you with any further data, please 1et me know. � Thank you for your immediate attention. CJN:pap 0 � C �-I Very truly yours,{, 4 , L Cd Y' ��-:—"r'r WCj U 1 t ' Fridley Prosecutor =' c LAW OFfIGES SMITH, cTUSTER, FEIKENxA, MALMON 8C HASKVITZ CHARTERED WYMAN SMITH LEONARD T.JUSTER HENRY H. FEIKEMA ALV{N 5• MALMON RONA�D L. HASKVIT2 CARL J. NEWpUIST MARK E. HAGGER.TY HSSOC�A7E5. JOHN M. GIOLIN J. CHRISTOPHER CUNEO JAMES W. FlOESCHLER B. WILIIAM EKSTRUM City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Attention: Mr. Nasim Qureshi, City Manager Re: Agreement for Legal Services Dear Mr. Qureshi: May 22, 1981 y � ', .. SU17E :250 9UILOERS EXCHANGE BUILDING MINNEAPOLIS,MINNESOTA 55402 SEIEPHONE (612) 339-44B1 FRIDLEY OFFICE 6441 UNiVER51TY AVEIJUE,N.E. FRIDLEY, MINNE507A 5�5432 TEIEPHONE (6�2) 571-6870 OiCOUNSEI JAMES R. GASSERLY As you know, the attorneys are presently being paid the monthly retainer fee of $1350.00 and an hourly fee of $40.00 for time exceeding the retainer. Approxima�ely two months ago, I requested a new contract since the present fees were negotiated in February of 1977. I asked that the retainer amount be raised to $2000.00 per month and the hourly rate to $60.00 per hour. Af ter our several conversations, and af ter reviewing fine revenue records and comparable legal budgets, retainers and hourly rates from other munici- palities, I agree that a compromise is in order and I have therefore drafted a new cantract that basically s�lits the difference between our present rates and the rates we had requested. The redrafted proposal reduces the retainer fee to $1650.00 per month and provides for a subsequeni hourly rate of $50.00. The praposed increase would help us defray a part of the very significant increases in the costs of providing legal services (or any kind of services for that matter) that we have experienced since February, 1977. At the same time, I believe the contract will provide the City of Fridley with quality legal representation for an increase that is far below any cost of living/ inflation measuring scale. I hope you will agrea that the proposed contract reflects simple fairness. Thank you. CJN:pap enclosure y tr�G 1 y yo Ca�S:L_.��'3ew uist Fridley Pro ecutor `� � ... • ., ., � � E AGREEMENT FOR LEGAL SERVICES S�TtJEEN CITY OF FRIDLEY AND SMITH, JUS7ER, FEIKEMA, MALi�O^J & HASKVITZ, CHARTERED LAW FIRM FOR CITY PROSECUTOR SERVICES CITY PROSECl1TOR APPOINTMENT: Car1 J. Newquist of the firm of Smith, Juster, Feikema, Malmon & Haskvitz, Chartered, is appointed as City Prosecutor for the City of Fridley. TERM OF THE AGREEMENT: June 1, 1981 to December 31, 1982. DUTIES AND RESPONSIBILITIFS COVERED BY THE RETAINER WITNOIiT ADDITIONAL CHARGE: 1. Prosecution of all city ordinance vio1ations and state 1aw violatians. 2. City Prosecutor shall be available for consultation with police officers and other city employees during normal working hours (8:30 A.M. - 5:30 P.M., Monday through Friday). The Prosecutor may be called occasionally af ter normal working hours for advice concerning emergency type situations. 3. Attend city staff ineetings as requested by the City Manager. 4. The Prosecutor shall devote sufficient time to police officers and to other city employees to achieve the fol1owing: a. To initiate discussion of each case with individual police officer or witnesses, when required, prior to the hour preceding the scheduled court appearance. b. To establish procedures outlining the minimum requirement. fram police officers in regard to information required for prosecution. This may be achieved, in part, by the utili- zation of well constructed forms. c. Establish a procedure far notifying witnesses setting forth responsibility and time requirements. Several problems have developed in this area due to the short. notice given by the prasecutor. Some witnesses require more time for notifica- tion than others, soroe require a subpoena to be released from their jobs, etc. d. Establish a procedure regarding changes in status of a case, such as continuances, changed pleas effecting time of court hearings. 7he procedure should be dFSigned to notify the Police Department, in writing, as soon as possible af ter the change is known. Every effort should be made to eliminate an officer or other witnesses from appearing for cases that have been cancelled, etc. ..�, �.. . ��' 9 F AGREEMENT FOP, LEGAL SERVICES PAGE TWO e. In scheduling an off-duty police officer's time, cc.nsideration should be given to the fact that the union contract requires a minimum of 2 hours at time and one-half pay regardless of the time spent in court up to 2 hours. � f. The police officer issuing a citation or charge should be consulted prior to a change being made in the original charge. g. The prosecutcr should consult with policF officers in cases that are lost to determine if additional evidence or a different method of investination is needed to prevent future acquittals. 5. Upon the request of the City Manager, the Prosecutc,r should be available for training sessions with the Police Department on a quarterly basis. Training should include changes in laws, court procedures, judicial decisions and advice on the Prosecutor's opinion as tc the desired charge to be placed when more than one charge is applicable. 6. Upon the request of the City Manager, the Prosecut�r shall make available two hours per week in addition to the above to discuss legal matters with City Manager, department heads and other employees. The time and place of these meetings shall be mutually agreed to by the City Prosecutor and the City Manager. RETAIf�ER: 1. The retainer fiee of $1650.00 per month is to cover the basic services listed in the paragraphs above. If the time spent on the above exceeds 30 hours per month, the City Prosecutor, upon prior approval of the City Manager, is authorized to bill the Cit_y at an hourly rate of �45 for June to Decem6er, 1981 and �50 for the year of 1982 for legal services not covered by the retainer. 2. A monthly report of activities sha11 be prepared and submitted to the City �lanager. Ti�is may be incorporated into the monthly claim for services submitted to the City (:ouncil. �THER EXPENSE: A11 other expenses such as dues, subscriptions, telephone, publications, secretarial services and overhead, etc. assoc�ated with performance of legal services, shall be the responsibility of the City Prosecutor. AGREED AP�D ENTERED INTO THIS DAY OF SMITH, JUSTER, FEIKEMA, MALMON & HASf��-I��Z, C��ARTERED �_ - -, gy, �.�-t_ . .c Car J. N �d Attest: Sidney Inman, City Clerk 1981. CITY OF FRIDL.EY, MINNESOTA A P+IUNICIPAL CORPORATIOiV By : Wi 11 �am J. Nee:, Mayor By: asim ures i, � y anager � � AGREEi�lEN7 FOR LEGAL SERVICES BETWEEN CITY OF FRIDLEY ANQ NERRICK & N�Lli�4Atd, P. A. LAW FIRM FOR GITY ATTORNEY SERVICES CITY ATTORNEY APPOINTMENT: The firm of Herrick & Newr.�an, P. A. is appainted City Attorney for the City of Fridley. TERM OF THE AGREEMENT: June 1, 1981 to Decemb2r 31, 1982. DUTIES AND RESPONSIBILITIES COVERED BY THE RETAINER WITHOUT ADDITIONAL CNARGE: 1. Attend all regular and public hearing council meetings. Attend informal study session meetings of the Council when requested by the City Manager, 2. Attend department head staff ineetings twice a month and on call of City Manager. 3. Advise ciiy staff on all legal questions posed, provide inter- pretation of state laws, city charter and ordinances. 4. Advise and attend, upan request of the City Manager, meetings of boards, commissions and committees of the City of Fridley. 5. Defend the city in hearings before the Police Civil Service Commission and courts of law in cases of disciplinary action taken against city emp1ayees. 6. Upon the request of the City Manager, the City Atiorney shall make available four (4) hours per week in addition to the above to discuss legal matters with City Manager, depariment heads and employees. The time and place of these meetings shall be mutually agreed to by the City Attorney ar,d City Manager. 7. Defend city employees, when applicable, in civil suits arising out of the job performance non-negligent cases. RETAINER: 1. The retainer fee of �1650 per month is to caver the basic services listed in the paragraphs above. If the time spent on the above exceed 3Q hours per month, the City Aitorney, upon prior approval of the City Manager, is authorized to bill the city at an hourly rate of $�15 for June through December, 1981, and $50 for the year af 1982 for legal services not covered by the retainer. � � 4 � AGREEt�IENT FOR LEGAL SERVICES ` 2. All legal service fees for assessment district and condemnation proceedings are to be charged against the project and are not included in the retainer fee. � 3. A monthly report of activities sha11 be prepared and submitted to the City i�anager. This may be incorporated into the monthly. claim for services submitted to the City Council: 4TNER EXPEIVSE: PAG 9 4 i All other expenses such as dues, subscriptions, telephone, publications, secretarial services and overhead, etc. associated with performance of legal services, shall be the responsibility of the City Attorney� AGREEp AND ENTERED INTO THIS NERRICK & NE�•lt1AN, P.A. LA4! F I RPd BY: Attest: i ney nman, ity Clerk 0 OAY OF , 1981. CITY OF FRIDLEY, MINNESOTA A MUNICIPAL CORPORATION BY• William J. Nee, Mayor BY: Nasim M. Qureshi, City Manager 0 � f��.; Q F.OR C01VCU�RENCE 8Y THt CITY COUNClL - ESTI��1ATES Ju�� . �9�1 Smi th , Juster, Fei kema, 61a1mon & Haskvi tz 1250 Quilders Exchange Euilciing Mpl s . , MN 55402 For legal services rendered as Prosecutor for the month.of May, 1931 TKDA & Associates, Inc. 250Q American Pdational Bank Building St. Paul , MN 55101 � Claim #6, Engineering Services - Infiltration/Inflow Analysis - April, 1981 Walhunt Construction, Inc. 1640 - 177th Avenue N.W. Cedar, MN 55011 Partial Estimate - S& W Project #�133 Halvorsen Constructiorr 4227 - 165th Avenue N.E. Wyomi ng, P�N 55092 Partial Estimate �4 - 19�1 Pliscellaneous Concrete Curb & Gutter & Slab Construction � 0 $ 3,070.00 $ 4,622.17 $31,394.61 $ 1,236.25 �.o �o n STATEMENT SMITH, JUSTER, FEIKEMA, MALMON & HASKVITZ ATTORNEYS AT LAW 1250 BUILDERS EXCHANGE B(..DG. MINN[APOLIS, MiINNESOTA 55402 339-1481 SUBURBAN OFFICE FRIDLEY �City of Fridley � 6431 University Avenue N. E. Fridley, i�innesota 55432 Attention: Mr. "Jasim Qureshi, L City Manager J , C�N PLEASE HETURfi THIS PONTION W�TM YOUF IAYMENT � DATE � • • � BALANCE 6-03-81 FORWARDED FROh^. LAST STATEMEIVT For legal services rendered as Prosecutor for the City of Fridley during May, 1981. Representation of City of Fridley in court on May lst, 7tf�, 8th, 12th, 18th, 20th, 21st and 26th for 1 jury trial, 105 pre-jury trial conferences and 56 court cases. (56.5 hours) Processing complaints including citizen inquiries, and preparation of 48 formal complaints. (16.5 hours) Total Time (73 hours). May, 1981 Retainer. $1,350.00 $1,350.00 Time in excess of 30 hours (43 hours) 1,720.00 $3,070.00 SMITH, JUSTER, FEIKEMA, MALMON & HASKVITZ ATroRNers w7 Lww i G�,r:� p f.OR COyCUi�P,ENCE 9Y THE CfTY COUNCII. - CLAIi'1S ,� J u►v � �.5��`� � CLAI1� �lUf�1BERS 151G21 - 1621�03 �1 /�!:_! f`/f/ ! �c> t�.oR Cot��curz�zt��c� �3Y TfiE Cl�rY coUNCIL �j��'�;�5 L_.� 59�� _ . . . . June 1 _, - j . � 7��e�of i..icense:_ ' �_.. Ap'[ r�v°cf f;y.� � Itinerant Food . � Fridley Cav. Church Ath. Assoc. Les Gerdin Steven J. Olson 6739 Kennaston Dr. Health Inspector , F.ridley, Mn. 55432 . Solictor Calvary Commission, Inc. Dale E.�P-leredith James P:� Hill � P.O.Box .100 � Public Safety Director Lindale, 7x., 75771 Vendinc�P•1achine Allied Aluminum Gold Medal Steven J.. Olson 7341 Commerce Ln. N.E. Public S��fety Director Fridley, Mn. 55432 � Viking Engineer Mar� Chell Steven J. Olson 7740 Beech St. N.E. Health Irispector Fridley, Mn. 55432 , � v �� : Fees: Exempt Exempt $15.00 $30.00 � F.OR CO��ICUC�REi�ICE �3Y THE CITY COUN(:1L - LzcErasEs JUIVE 15, 1981 EXCAVATING Berghorst Plumbing & Heating Co. 10732 Hanson Boulevard N.W. Coon Rapids, NiN 55433 By: Ken Berghorst GAS SERVICES Berghorst F'liunbing & Heating � 10732 Hanson Boulevard N.W. Coon Rapids, MN 55433 By: Ken Berghorst Palen/Kimball Company 2505 t3niversity Avenue S t. Paul, MN 55114 By: G. Richard Palen GENERAL CONTRACTOR Decor Bui.lders Inc. . 2955 Bunker Lake Boulevard�N.E. Anoka, M[�T 55303 By: Jamey Viger . Meehan Brothers, Inc. 2838 Stevens Avenue South Minneapolis, MTd 55408 By: Bruce Meehan Da1.e H. Peterson The Carpenter Inc. 19014 Wolfram Street N.W. Anoka, MN 55303 By: Dale Peterson Royal Improvemen t Co. Royal Aluminum Products Inc, 526 - 6th Avenue tdorth . Minneapolis, MN By: Max Ostrow Timberline Enterprises 3206 Aldrich Avenue North Minneapol.is, MN 55�12 By: Mike Soltys HEATING Berghorst Plumbing & Heating Co. , 10732 Hanson Boulevard N.ti�. Coon Rapids, MN 55433 By: Ken Berghorst OIL HEFITING Berghorst Plumbing & Heating Co. ' 10732 Hanson Boulevard N.W. Coon Rapids, MN 55433 By: Ken Berghorst Palen/Kimball Company 2505 Universi ty Av enue N.E. . St. Paul, MN 55114 By: G Richard Palen m �APPROV�D BY DARREL CLARIC • Chief Bldg. Ofc. WILLiAM SANDIN Plbg. Htg. Insp. WILLIAM SANDIN Plbg. Htg. Insp. DARREL CLAKK Chief Bldg. Ofc. . DARREL CLARK . Chief Bldg. Ofc. DARREL CLARK Chief Bldq, Ofc. DARREL CLARK C�ii:ef Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc: WILLIAM SANDIN Plbg. Htg. Insp. WILLIAP4 SANDIN Plbg. Htg. Insp. WILLIAM SAPdDIN Plbg. Fitg. Insp. s�..._ l2A u .�_-, . 12 I� � - �: �lT �.OR COf�lCURRCr10E BY THE CITY C�U��ICIL - LIC�NSES JUNE 15, 1981 GENERAL COPITRACTOR Countryside Pool & Patio Route #Z DARREL Q,ARK Maple Lake, �NIN 55358 By: Gloria Dalbec Chief Bldg. Ofc. Olson Construction Co. ' Route #4, Box 46A • DARREL CLARK Cambridge, NIDt 55008 By: Timothy Olso n Chief Bldg. Ofc. Gary Rasmusson Construction 1855 - 134th Lane ' ' DARREL CLARK Ham Lake, MPd 55303 By: Gary Rasmusson Chief Bldg. Ofc. 0 0 � ._..., . . . _. . .. �., .....; . . .. . s . .. a e.. w.a. 1 � ��;:—� � � � � 12 C 1l�)�, F.Of� CONCURFtL'I�)CE SY 'fF1E CITY COUNCIL — LICF�dSES � . June 15. 1981 � , PERMIT FOR FIRE WORKS OISPLAY ON JULY 4, 1981: 100 Twins Drive In Theatre Gerry Herringer 4121 Stinson Blvd. Columbia Heights, MN 55421 , 0 � �