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02/01/1982 - 5259OFFICIAL CITY COUNCIL AGENDA COUNCIL P1EETING FEBRUARY 1, 1982 FRIDLEY CI7Y COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: february 1, 19E2 NAME ADDRESS TTEM NUMBER _-- _ _____________________________________________________________________________________=� � -� / r �'',� �' ,!) / Y+ �/`�,�, ; I ^�1 f „/ , � �`'�,� .i' ' / 1..�- ., r. '" (..r'" c..:...,/ �' �' i� 3 � � �,�,�',�„� � � / � . b {� lv � . �,� fi .��. J,�� ' y �r f V �� b�ta .� j'3 ( / �`V �� F � � �( ' � �� ;-�' �5.? _ 1 ' n° (.�-� �n �� -� �� ..,'�' �. � � �Y.� ,��'� � , ` FRIDLEY CITY COUNC 1 L �� , � FEBRUARY 1, 1982 - 7;30 P.M, �. - MEMO T0: Public Works DEPARTMENT HEADS FOLLO�VI NG ARE THE "ACTI ONS P�EEDED�� . PLEASE HAVE YOUR ANSWERS BACK IN THE CITY MANAGER�S OFFICE BY THE WEDNESDAY BEFORE THE NEXT REGULAR COUNCIL MEETING� THANK YOU. ��,�,,,�� p� ��a,� �ANUARY Ig, 1932 � Anproved PZOCLAPIATIO"J ; 19$2 - NATIONAL YEAR OF DISABLED PERSO��S IN FRIDLEY Proc7ariation signed ACTION NEEDED: Circulate proclamation to appropriate parties I�DOPTION OF AGENDA: Added: Consideration of Condominium conversion licenses OPE�'� FORU�1, VISITORS: iCONSIDERATtON OF ITEMS NOT ON AGENDA — 15 �°�1Nl1TES) No Response PUBLIC HEARINGS; CONTINUE� PUBLIC HEARING ON CONSIDERATION OF A HOUSING PROGRAM TO ALLOW CITY TO DEVELOP AND ,qDMINISTER PROGRAMS OR MAKING OR PURCNASING P��ORTGAGE LOANS TO FINANCE iiOIJSING W:THIN ITS BOUNDARIES ��ONTINUED FROM IZ��SI). � Hearing re-opened at 7:40 P.M. Closed at 9:47 P.M. NO ACTION NEEDED - REFER TO ITE��1 15. RESOLUTION CONSIDERED AP�D TABLED TO REFER TO HRA FOR RECOt�h1ENDATION. 1- � A .2 - 2 F PUBLIC WORKS CITY MANAGER I PUBLIC WORKS � { PUSLIC WORKS FEBRUARY 1, 19�2 OLD BUSItiESS: PAGE 2 CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT �ROJECTS FOR 1982 (Taa�E� FROM 1/13/32)� . � . . � . . � � Concurred with recommendation of Community Development Comnission and Administration to apply $10,000 of these funds, if possible, to a battered women's shelter to be located in Blaine � housing ret�rofit; Moore La ACTION NEEDED: Proceed as authorized and according to request in letter from Blaine regarding Battered Women's she7ter_if it can be done administrati and use block grant funds for housing retrofit and weatherization program and Moore Lake land acquisition. Staff to bring back report on the elderly housing in the Moore Lake area. CONSIDERATION OF APPOIN;MENTS TO COMMISSIONS iTABLED 1/4/�2) � . . . � . . � . � . � � � � � � � � �. . L� - Lp jj Appointments made except for Energy Commission which was tabled and no action was taken on the HRA appointments ACTION NEEDED: Write letters to those appointed, put Energy Commission back on next agenda for consideration and the HRA appointments at later date. CONSIDERATION OF RETURNING REPLAT OF INNSBRUCK NORT,H TOWNHOUSES PLAT S�PS �#�l-O�), GENERALLY LOCATED ��GRTH OF I-694 BETwEEn� �l�EST BAVARIAN PASS AND i^IEST BRENNER PASS, BY SUBUREAN ENGINEERING, INC� TO PLANNING COMMISSION FOR REVIEW iPUBLIC HEARING HELD 1/18/82) , , , , , , , , , , , , , , , , , , , , , , Rep1at referred back to Planning Commission for consideration of a Certificate of Correction rather than a replat AC7ION NEEDED: Refer to Planning Congnission for consideration of Certificaie of Correction T RECONSInERATION OF VARIANCE RE�UEST TO ALLOW A SECOND PYLON SIGN FOR ONE YEaR, 7441 EasT RIVER ROAD, RED�S KORNER PIZZA, WEARNE R� CLAYTON �DENIED BY COUNCIL OtV �-�a 1/4l82 ) , , , , , , , , , , , , , , , , , , , , , , ; , , , � - 6 F Granted variance for sign for one year , ACTION NEEDED: Inform app7icant of Council approval for one year ' acq � Y� CITY MANAGER PUBLIC WORKS PUBLIC WORKS I POLICE FEBRUARY 1, 19�2 O1;D BUSINESS:(CONTINUED) CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING CHAPTER 11, SECTION II�IO OF THE FRIDLEY CITY CODE RELATING TO FEES iCONVERSION CONDOMINIUMS)� � Ordinance No. 744 adopted ACTION NEEDED: Publish ordinance in Fridley Sun CONSIDERATION OF CONDOMINIU� CONVERSION LICEPJSES - GORDON ASPENSON Licenses approved for 6500, 6510, 6520 2nd Street N.E. and 6489, 6491, 6493, 6495 Riverview Terrace ACTION NEEDED: Issue license fdE'rJ BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE REPEAL- ING OLD CHAPTER ZZO OF THE FRIDLEY CITY CODE IN ITS ENTIRETY A�dD ADOPTING A P�EW CHAPTER ZZO ENTITLED RESIDENTIAL ��IAINTENANCE CODE� � � � � � � � � � � � � � First reading tabled until after corrections made ACTION NEEDED: Make corrections as directed and put back on agenda when completed PAGE 3 7 . . . � . CONSIDERATION OF FIRST READING OF AN ORDINANCE ESTABLISHING CHAPTER IZ5 OF THE FRIDLEY CITY CODE ENTITLED SAUNAS AND MASSAGE PARLORS; REGULATING THE OPERATING AND MAINTENANCE OF SAUNAS AND P'�ASSAGE PARLORS, REQUIRING A LICENSE TO OPERATE SUCH FACILITIES AND ESTABLISHING STANDARDS FOR THE CONSTRUCTION, ACQUISITION, MAINTENANCE AND OPERATION OF SUCH FACILITIES� �� 9- q,J Ordinance adopted on first reading ACTION NEEDED: Put back on next agenda for consideration of second reading , POLICE PUBLIC WORKSI IPUBLIC WORKSI I POLICE FEBRUARY 1, I9SZ WEl� BUSINESS CCoNTiNUEn) � CONSIDERATION OF FIRST 4EADING OF AN ORDINANCE AMENDING CHAPTER 11 ENTITLED LICENSES ANL' PERMITS; (SAUNAS AND MASSAGE PARLORS)� � � � � . � � � � � � _1O - �O A Adopted on first reading ACTION NEEDED: Put back on next agenda for consideration of second reading PRESEPJTATION BY HICKOK AND ASSOCIATES, INC� ON PHASE III OF THE MOORE LAKE RESTORATION PROJECT SUBMITTAL. � � � � � � � � . � � � � . . � � � � � Hickok and Associates presented background for Phase II ACTION P�EEDED: Proceed with app7ication for Phase II SENATOR DON FRANK GAVE REPORT ON STATE ISSUES 0 .11 - 11 B RECEIVING CHARTER COMMISSION MINUTES OF P�OVEMBER IO, 1931, , , , , , , , , , , , , , , , , , , , , , , , ,�2 - 12 F Minutes received ACTION NEEDED: File minutes for future reference CONSIDERATION OF AMENDING THE ANOKA COUNTY .JOINT LAW ENFORCEMENT COUNCIL AGREEMENT� � � � � � � � � � 13 Council approved revision of agreement , ACTION NEEDED:" Have agreement amendment executed and forwarded to appropriate parties . ;. •s PUBLIC WORKS PUBLIC WORKS IPUBLIC WORKS I PUBLIC WORKS FEBRUARY 1, 1982 PdEW BUSINESS (CONTINUED) PAG CONSIDERATION OF A RESOLUTION FOR INSTALLATION OF TRAFFIC SIGNAL WITH STREET LIGHTS AND SIGNING ON T�H� #47 aT gIST AVENUE N,E� IN FRIDLEY AND SPRING LAKE PARK, MINNESOTA; AND APPROVAL OF AGREEMENT� .�. 1� -]L; j RESOLUTION N0. 11-1982 adopted ACTIOPJ NEEDED: Have agreement executed and forwarded as authorized CONSIDERATION OF A RESOLUTION APPROVING MULTIFAMILY h�ORTGAGE REVENUE BOND PROGRAM AND AUTHORIZING ITS ' SUBMISSION TO �INNESOTA HOUSING AND FINANCE AGENCY. � 15 Resolution tabled and referred to Housing and Redevelopment Authority for recommendation ACTION NEEDED: Forward item to HRA for their recor�nendation CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVE�ENT PROJECT ST, 1932-1� �� RESOLUTION No. 12-1982 adopted ACTION NEEDED: Proceed as authorized CONSIDERATION OF A RESOLUTION RECEIVING THE PRE- LIMINARY REPORT, ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST, 1982-1� RESOLUTION N0. 13-1982 adopted ACTION NEEDED: Proceed as authorized 0 �� - �� . � �. ] - � � � , � � PUBLIC WORK: � PUBLIC WORK: I PUBLIC WORKS 'I CENTRAL SERV CENTRAL SERV1 �JE�I BUS I PJE$$ (CONT I NUED) CONSIDERATION OF A RESOLUTION ORDERING IMPROVEh1ENT, APPROVAL OF PLANS AND QRDERING ADVERTISEf�1ENT FOR �IDS: �TREET Ih1PROVEMENT PROJECT ST, 19�2-1� .�.�?$ RESOLUTION No. 14-1982 adopted ACTION NEEDED: Proceed with advertising for bids m CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING I�DVERTISEMENT FOR � BIDS: STREET IMPROVEMENT PROJECT ST, 1932-2� ��9 - 1� A RESOLUTION No. 15-1982 adopted ACTION�NEEDED: Proceed with advertising for bids CONSIDERATION OF A RESOLUTION It�IPOSING LOA!� LIMITS ON PUBLIC STREETS AND HIGHWAYS IN T4E CITY OF FRIDLEY, P�1NNESOTA� � � � � . � � . � . � � . � � � � 2O - �O D RESOLUTION N0. 16-1982 adopted ACTION NEEDED: Proceed with publishing notice and posting streets according to resolution LICENSES� � � � � � � � � � � . � . . � � � � � . � � 2� - 21 �i Approved ACTION PJEEDED: Issue licenses �LAIMS � � � � � . . . � � � . � � � � Approved ACTION NEEDED: Pay claims . 11:05 P. M. _ , , . . , , , . , LZ ,' r' , , _. �� - r �� FRIDLEY CITY COUNC I L PLEDGE OF ALLEGIANCE: APPRQVAL OF P�I;JUTES : �ANUARY Ig, 1932 P�OCLA�IAT I 0'J : FEBRUARY 1, 19�2 — 7;30 P,M, 1982 — NAT I OiVAL YEAR OF D I SABLED PE RS�J�dS I N FR I D LEY /�DOPTION OF AGENDA: OPE�J FORU�1, VISITORS: �CONSIDERATION OF ITEMS NOT ON AGENDA - 1S MINUTES) PUBLIC HEARINGS: . CONTINUED PUBLIC HEARING ON CONSIDERATION OF A HOUSING �ROGRAM TO ALLOW CITY TO DEVELOP AND AD�IINISTER PROGRAMS OR MAKING OR PURCHASING ��ORTGAGE LOANS T� FINANCE HOl1SING W:THIN ITS BOUNDARIES �CONTINUED FROM IZ/%/ul)� � 1- ? A ,2-2F FEBRUARY 1, 19�2 OLD BUSI�ESS: CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS FOR I9SZ �TABLE� FROM 1/13/32)� � . � � . . � � � PAGE Z CONSIDERATION OF APPOIN;MENTS TO COMMISSIONS iTABLED 1/�I�Z) . � � � . � � � . � � � � � � � � � � �, � L� - � Ii CONSIDERATION OF RETURNING REPLAT OF INNSBRUCK !VORTH TOWNHOUSES PLAT 5(PS �#81-04), GENERALLY LOCATED P�GRTH OF I-Eg4 BETWEEh' ��IEST BAVAR IAN PASS AND WEST BRENNER PASS, BY SUBURSAN ENGINEERING, INC� TO PLANNING COMMISSION FOR REVIEW �PUBLIC HEARING HE�D 1/18/82) , , , , , , , , , , , , , , , , , , , , , , z RECONSInERATION OF VARIANCE REQUEST TO ALLOW A SECOND PYLON SIGN FOR ONE YEAR, 7441 EasT RIVER ROAD, RED�S KORNER PIZZA, WEARNE R� CLAYTON iDENIED BY COUNCIL ON 1/4/82) , , , , , , , , , , , , , , , , , , , , , ; , , 5-5A �-6F FEBRUARY 1, 19�2 O�D BUSINESS:(CONTINUED) CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING CHAPTER 11, SECTION 11�IO OF THE FRIDLEY CITY CODE RELATING TO FEES �CONVERSION CONDOMINIUMS)� �] PAGE 3 NE��d BllSI NESS : � CONSIDERATION OF FIRST READING OF AN ORDINANCE REPEAL- ING OLD CHAPTER ZZO OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTIN6 A P�EW CHAPTER ZZO ENTITLED RESIDENTIAL P�IAINTENANCE CODE� � � � � � � � � � � . � � $ - $ P CONSIDERATION OF FIRST READING OF AN ORDINANCE ESTABLISHING CHAPTER 125 OF THE FRIDLEY CITY CODE ENTITLED SAUNAS AND MASSAGE PARLORS; REGULATING THE OPERATING AND �IAINTENANCE OF SAUNAS AND P�IASSAGE PARLORS, REQUIRING A LICENSE TO OPERATE SUCH FACILITIES AND ESTABLISHING STANI�ARDS FOR THE CONSTRUCTION, ACQUISITION, MAINTENANCE AND OPERATION OF SUCH FACILITIES� ��., g— g,J . � FEBRUARY 1, 1982 fJEl� BUSINESS (Co�vTiNUEn) Pa CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 11 ENTITLED LICENSES ANP PERMITS; �SAUNAS AND MASSAGE PARLORS)� � � � � � � � � � � � _1O - �O A PRESEfJTATION BY HICKOK AND ASSOCIATES, INC� ON I i PHASE III OF THE M�ORE LAKE RESTORATION PROJECT $UBMITTAL� � � � � . � � � � � � � � � � � � � � � � 1� - 11 �' i RECEIVING CHARTER COMMISSION MINUTES OF P�OVEMBER IO, 1931, , , , , , , , , , , , , , , , , , , , , , , , ,i� - �2 E CONSIDERATION OF AMENDING THE ANOKA COUNTY .JOINT LAW ENFORCEMENT COUNCIL AGREEMENT� � � � � � � � . � 13 � �CQDIIADV � �QR/ PJEW BUS I NESS (CotvT i NuED ) Pnr� S CONSIDERATION OF A RESOLUTION FOR INSTALLATION OF TRAFFIC SIGNAL WITH STREET LIGHTS AND SIGNING ON T�H� #47 a-r gIST AVENUE N,E� IN FRIDLEY AND SPRING LAKE PARK, MINNESOTA; AND APPROVAL OF AGREEMENT� ...]L� -]L� I CONSIDERATION OF A RESOLUTION APPROVING MULTIFAMILY I��ORTGAGE REVENUE BOND PROGRAM AND AUTHORIZING ITS ' $UBMISSION TO ��1NNESOTA HOUSING AND FINANCE AGENCY. .�5 CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEi�ENT PROJECT ST, 19�2-1� �� C -�� L� CONSIDERATION OF A RESOLUTION RECEIVI�NG THE PRE- LIMINARY REPORT, ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST, 1982-1� �. j7 - 17 A � THE MINUTES OF THE COUPdCIL MEETING OF THE FRIDLEY CITY COUNCIL OF JAPJUARY 18, 1982 � w THE.MINllIES OF THE.FRIDLEY_CPTY:COUNCIL MEETING OF JANUARY i8. 19£22 The Meeting of the Fridley ICity Council was called to.order at.7:40 p. m. by M�yor Nee. PLEDGE OF ALLEGIAPJCE: M�yor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor �lee, Councilman Fit2patrick, Councilman Hamernik, Councilman Schneider and Councilman Barnette ME�i6ERS ABSENT: None APPROVAL OF MINIiTES: REGULAR MEETING, JANI;ARY 4 1982: Councilman Schneider requested the following correction be made on Page 9, Item 12, the first paragraph, line four by changing the word "attorney" to "Anoka County Law Enforcement Chairman". MOTION by Councilman Fitzpatrick to approve the minutes with the above correction. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Fiayor Wee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor P:ee declared the motion carried unanimously. DECLARATION - HOCKEY WEEK: Mayor Nee submitted a declaration from the Hockey Association of Fridley to Ruth Dunn of the Sun Newspaper regarding Hockey Week. OPEN FORUM, VISITORS• Dr. 6oudreau, Director of Parks and Recreation, introduced Mr. Wally Johnson, Chief Financial Officer of La Maur, Inc., who made a presentation to the Council. Mr. Johnson stated he was here this evening on behalf of La Maur, Inc. regarding two items. Mr. Johnson stated he first wanted to thank the Fridley Volunteer Fire Department. Mr. Johnson explained they had a fire in their building this past New Year's Eve and if it wasn't for the fast and extremely professional manner in which the Fire Department responded to the emergency, he felt La Maur would have had a large amount of damage and may have even lost their entire facility. Mr. Johnson stated he felt F'ridley is fortunate to have such a group of professionals and wished to publicly extend their thanks. Mr. Johnson also made a presentation to the City Council in support of the community recreational facility. He stated their President feels this facility would create a sense of corrmunity and develop physical fitness and they were pleased to assist the City in accomplishing their goal by contrituting $5,000 in support of the recreational project. Mayor Nee and members of the Council extendc�d their thanks to La hlaur for their support. ].1 12 COUNCIL MEETING OF JA��UARY 28, 1982 PAGE 2 WEARNE R. CLAYTON - RE: SI6N - RED'S KORNER PIZZA: Mr. Clayton appeared before the Council regarding his request for a variance to ailow a second pyion sign for a one year period which the Council had denied at their January 4, 1982 meeting. Mr. CTayton stated he was here this evening to ask the Council to reconsider their action and approve the variance for the sign, He stated the Commission had recomnended approval for one year and pointed out he is a small businessman competing aqainst giants in the industry. .�1r. Cl�yton stated he understands the landlord of the property is working with the Planning Commission artd changing the property and that Anoka County is changing the roadway so he didn't want to spend money for a permanent sign at this time. Mr. Clayton stated the fabrication for the sign has been there for a number of years and he has painted his name and products he is serving on it, and then was toid he wasn't ir� conformance with the erdinance. Councilman Schneider stated the minutes didn't reflect the conversation that took place at the Commission meeting and the Council was under the impression that Mr. Clayton was going to install a new pylon and put up a new sign. He stated the Council wasn't aware the pylon was already existing. Mayor Nee asked the Council member from this ward, Councilman Fitzpatrick, to check into this matter further and to bring it back to the Council at the next meeting. PUBLIC HEARIN6: �, PUBLIC HEARING QN REPLP.i OF INNSBRUCK t�ORTH TOWNH . o MOTIUN by Counciiman Schneider to.waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:55 p, m. Mr. Flora, Public Works Director, stated this is a replat of the Innsbruck North Townhouse:. He explained during the placemeRt of structures in the Townhouse Plat some of the garages and buildings weren't exactly surveyed in on the property line and an error was found after they were constructed, therefore, this replat is being submitted so that the exact building loca- tions would be identified on the map. Mr. Fiora stated Mr. Farr fs responsible for recording the replat with the County and will work with the Townhouse Association to insure the replat would be accomplished without any cost to the Association. I•tr. Flora stated the Planning Conunission recommended approval of the replat, with the stipulation that all expenses incurred be borne by the Darrel Farr Corporation. Mr. Flora pointed out there are some figures in the agenda in�icating the cost of the replat. Mr. Flora stated, when staff reviewed ti�e replat, six items were identified that were not canpleted and originally agreed upon by the developer. He suggested, therefore, if Council approves the replat, these items should also be included. The President of the Board of Directors of the Town house Association stated the barrier. as he understands it, is partly for traffic tontrol, He stated East Bavarian Pass is a very narrow street and the barrier is to keep every- one from driving on it and felt, without the barrier, Bavarian Pass would be a very heavily trave]ed street. 13. COUNCIL MEETING OF JANUARY 18, 1982 PAGE 3 Mayor Nee asked if the Townhouse Association wouTd oppose removal of the barricade to which the President answered in the affirmative. The President of the Townhouse Association stated they have some concerns and one is that they don't want this replat to cost them anything. He stated another concern is what there plat would do to the bylaws. He stated if it affects only the bylaws, this could be handled by the Association, however, if it affects the convenants, there is the pos- sibility they would have to have approval by 75% of the residents. He explained their attorney is checking now if the replat would affect j the covenment. �. Mr. Ray Cunningham, representing parrel Farr Corporation, stated, as far as the cost and expense of the replatting, there would be no expense to the Association, and the Darrel Farr Corporation would pay all costs. � Mr. Flora stated staff's primary concern is the Fire Depart�nt access to the entire street and anything that is satisfactory for the Fire Department and Association and acceptable to the Farr Corporation would satisfy this concern. No other persons in the audience spoke regarding this proposed replat. MOTION by Councilman Schneider to close the public hearing on this replat for Innsbruck North Townhouses. Seconded by Counci]man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:12 p. m. The persons present were advised that Council would take action on this replat at the February 1. 1982 Council Meeting. Mayor Nee reopened this public hearing at 8:12 p. m. Mr. Qureshi, City Manager, stated the applicant attorney has called and indicated they are not able to proceed at this time and wishes the process withdrawn. MOTION by Councilman Schneider to close the public hearing for the issuance of industrial development revenue bonds for the Rice Creek Company. seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:15 p. m. OLD BI;SINESS• 3 CONSIGERATION OF SECOND READING OF ORDINANCE TO AMEND CITY CODE OF Mr. flora, Public Works Director, stated this rezoning is directly associated with the Nybo-fehling proposal to develop Fir. Burandt's property and other property for commercial office space. Mr. Flora stated Mr. Burandt at the November 23, 1981 Council meeting had requested Council action on the rezoning, however, the Council requested he work with Ms. r�ybo regarding coordination of the development of the properties. 24 COUNCIL MEETING OF JANUARY 18, 1982 PAGE 4 Ms. Nybo appeared before th e Cauncil and stated her financial advisor had to leave because of a public hearing d•n Maple Grove. She stated, however, they have a number of insurance companies interested in financing their building. She stated she felt it is a good project and would be a good addition to the City and they are working towards the successful completion of the project. Mr. Nybo stated they wished some additional time from the City on this, possibly another 60 days. She stated Mr. Burandt is anxious to have something resolved on the project, and they a�e working as fast as possible to obtain the financing. � MOTION by Councilman Schneider to table the second reading of this ordinace until the second Council meeting in March, 1982. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. (see further discussion later in meeting). NEW BUSINESS• 4 CONSIDERATION OF :) TI INANCE AMENDING CH�fIPTER 11 (SIGNS AND PERMITS � ISING CHAPTER 220.(RESIDENTIAL MAINTENANCE CO Mr. Flora, Public Works Director, stated in August, the Council published a condominium conversion ordinance and specified a license should be obtained for anyone wishin9 to apply for condominium conversion. He stated the license fees, as well as annual inspection fees, are now being submitted. Mr. Flora stated, if Council approves the ordinance, staff will come back with a rewrite of Chapter 220 to reflect condominium conversions. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading, with the amendment of Section 217a, subsection (d), to change the $20.00 figure to $50.00. Seconded by Councilman Hamernik. Upon a voice vote, a]1 voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF SPECIAL USE PERMIT, SP �l81-10 TO CONTINUE SALES LOT, 7625 VIRON ROAD, SUBURBAN HOMES, INC.: � Mr. Flora, Public Works Director, stated the property in question is located just south of Osbrone Road and east of Highway 65. He stated a special use permit was issued to this property in 1977 to be renewed within three years. Mr. Flora stated, during this period, the property has changed hands and is under a new operation, and it was determined it should be submitted to the Planning Commission for review. Mr. Flora stated the Planning Commissinn has recommended approval of the special use permit with five stipulations. Mr. Flora stated he has talked to the operator of the sales lot, as well as the owner, and was advised the owner has sent a letter agreeing to the stipulations recommended by the Planning Commission. Mr. Flora stated Mr. Dave Harris was present at the Planning Comnis5ion Meeting ard suggested a privacy fence be constructed along the north boundary of the two properties and both property owners share in the cost for construction of this fence. Fir. Flora stated he understands the property owner agrees with construction of the fence and will share in the cost. I .- l�: COUNCIL MEETING OF JANUARY 18, 1982 PAGE 5 Mr. Fiora pointed out some of the stipulations wi]1 not be able to be taken care of until this spring and felt the special use permit could be approved, upon receipt of the letter from the owner indicating he will comply with the stipulations, or action tabled until the letter is actually recei,ved. Mr. Qureshi, City Manager, stated the Council could approve the special use permit for a certain period of time and then review it to see if all stipulations have been met. He explained if there is only a review regarding the status of their mprovements, it wouldn't be necessary for them to pay another fee or go through the publication process. MOTION by Councilman Schneider to grant special use permit, SP #81-10, for a period of one year with the following stipulations: (1) The rear area of the lot be cleaned up; (2) Screening be provided for the refuse container and the propane tank; (3) Maintenance of hard surface areas; (4) The drainage easement be resolved with the City Engineer; (5) Both property owners share equally in the erection of a fence at the time of development of the property to the north; and (6) That staff bring this back before the Cctuncil after the one year period for the Council's review of compliance with the stipulations. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE PLANNING COMMISSION MINUTES Of JANUARY 6 1982: � A CONSIDERATION OF REQUEST FOR LOT SPLIT, LS #81-08, SO PROPERTY CAN BE SOLD, 1201 IRESIDE DRIVE, SERVOMATIOP� CORPORATION: Mr. Flora, Public Works Di�re�ctor, stated staff has no problems with this lot split except to require an additional road and utility easement along the southern portion of the whole property and also.an easement on the 25 foot triangle on the corner of Fireside and Old Central. Councilman Schneider stated on Page 6A of the Planning Commission minutes there was reference that Mr. Hanson consult his legal counsel regarding the park fee on the road and utility easement and was curious if there was a problem. Councilman Hamernik stated his interpretation of the statement was because they are charging the park fee based on square footage. MOTIOt� by Councilman Schneider to grant lot split, LS #81-08, by Servomation Corporation, to split off the east 263.96 feet of the north 330 feet of the SE 1/4 of the NW 1/4 of Section 12, T-30, R-24, subject to the south 25 feet taken for 74th Avenue N. E. (Fireside Drive) so the property can be sold, with the following stipulations: (1) That a 16 foot road and utility easement be retained to the south; (2) That a 25 foot triangle easement be retained on the corner of Old Central and Fireside Drive; and (3) That the cost of water and sewer to serve the new lot split be shared by both parties at the time the services are requested, which includes the looping of the water line. Seconded by Councilman Barnette. Upon a voice vote. all voting aye, Mayor Nee declared the motion carried unanimously. MOTIOP� by Councilman Schneider to recieve the minutes of the Planning Commission Meeting of January 6, 1982. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I5 16 COUNCIL MEETING OF JANUARY 18. 1982 . PAGE 6 ` RECEIVING THE CHARTER COMMISSION MINUTES OF NOVEMBER 10, 1981: MOTION by Councilman Fitzpatrick to receive the minutes of the Charter Commission Meeting of November 10, 1981. Seconded by Councilman Schneider. Upon a voice vote, all voting a�ye, Mayor �tee declared the motion carried unanimously. 8 CONSIDERATION Of COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS FOR 1982: Mr. Qureshi, City htanager, stated the money involved for cortmunity development block grant projects is limited and high priority was given to energy and handicapped access. The recommendation for cortmunity development block grant projects from the Community Development Comnission was for housing retrofit and weatherization pro9ram and Moore Lake Land Acquisition. Councilman Schneider stated he has some problem with the Moore Lake Land Acquisition as one of the projects for the comnunity development black grant funds. He felt, if all of the tax increment districts were working as well as they thought they would, there may be some worth in acquiring this land, but so far this hasn't been the case. Mr. Qureshi, City Manager, stated one of the reasons they talked about acquiring some land was for the potential of senior citizen housing, and this may be an area where the City can provide some incentive for development. Mayor Nee asked what other options were considered for these funds. He stated he felt the increment district should function on its own and it seemed corrmunity development monies should go where the City doesn't have the tools for something to develop on its own. He stated he would like to see these funds go to the Riverview Heights area. Councilman Schneider stated he felt it seemed a more sensible use of block grant monies to make improvements in the Riverview Heights area. He pointed out the tax increment districts haven't done that well and it didn't seem appropriate to acquire land that is paying taxes and take it off the tax rolls when they don't have ar�y solid proposal for the area. Mr. Qureshi, City Manager, stated there are homes in the Moore Lake area where people have shown an interest in selling, but staff hasn't proceeded with anything until they know the Council's position. Mr. Qureshi stated he felt there was an interest on the part of the Council to promote housing for seniors. Councilman Schneider stated there was an interest, but he didn't realize they would propose using community development block grant funds. Mr. Qureshi stated this is merely a proposal and it is up to the Council to decide if they want to proceed in this direction. He thought perhaps the item should be tabled for further review and discussion by the Council. MOTION by Councilman Schneider to table action on the proposal for the Community Development Blcok Grant Projects until the next Counci:l Meeting. and to discuss it possibly at the Conference Meeting. Seconded by Council- man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1.7 COUNCIL MEETIN6 OF JANUARY 18, 1982 � MR. BURANDT - RE: REZONING, 1001 HILLWIND ROAD (ZOA �80-02): PAGE 7 At this time, Mr. Burandt appeared at the Council meeting and stated he was advised by his wife, who was watching the meeting on Cable Television, that the Council had tabled action on his rezoning request until March. Mr. 8urandt asked that the Council consider act9rtg on the rezoning in February instead of March. He felt there wasn't much progress being � made with Ms. Nybo's proposal and stated he has another offer regarding the property. • Councilman Barnette stated Ms. Nybo advised the Council that her plans for financing would take from 45 to 60 days and based on this information, the matter was tabled to March. Mr. Burandt stated he was told by Ms. Nybo it would take two weeks regarding the financing and requested the Council grant no further extensions of time. He stated he would agree to tabling it to the second meeting in March, but wanted it understood he didn't want it to go beyond that time. 9 RECEIVING BIDS AND AWARDIPJG CONTRACT FOR REPAIR OF WELL N0. 4(BIDS OPENED 1/8/82 : Mr. Flora, Public Works Director, stated bids were received for the repair of Well No. 4 and to clean the well, if it was required. He stated the iow bidder was Bergerson-Caswell and recomnended the bid be awarded to them. MOTION by Councilman Fitzpatrick to receive the bids for the repair of Wel) No. 4. VENDOR BOND TOTAL AMOUNT Of BID STARTING DATE COMPLETION DATE Layne Minnesota 3147 California NE 5% $24,594.00 Immediate 60 days Mp1s, MN 55418 United Pacific Ins. EH Renner & Sons Inc. 6300 Industry Ave NW Anoka, MN 55303 Keys Well Drilling Co. 413 N Lexington Pkwy. St. PauT, MN 55104 5� $24,526.70 State Surety Company $24,481.00 1-12-82 3-1-82 5 days after award 30-40 days 8erqesen Casweil Co. 5115 Industrial St. 5% $21,261,00 14 days 45 days after award Maple P1ain, MN 55359 St. Paul Fire & Marine 90 days if new bowl assembly Seconded by Councilman 8arnette. Upon a voice vote, a11 voting aye, Mayor tdee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to award th� bid for repair of Well No. 4 to the low bidder, Bergerson-Caswell. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Plee declared the motion carried unanimously. �� 4 RESOLUTION N0. 4-1982 AUTHORIZING A STUDY TO DETERMINE IF THERE EXISTS � IN THE CITY Q FRIDLEY A SIGraIFlr.arl7 sF�nRrarF n� s�irTaei F RFNTAI Councilman Schneider stated the Uniform Condominium Act requires a public hearing be held and he felt, therefore, this should be included in the resolution. � COUNCIL MEETING OF JANUARY 18, 1982 PAGE 8 MOTION by Councilman Schneider to adopt Resolution No. 4-1982. Seconded by Cou�cilman Barnette. MOTION by Councilman Schneider to amend the last paragraph of the above resolution, the second line, by inserting the words "and hold a public hearing" after Lhe work "study", Seconded by Councilman Fitzpatrick. Upon a w ice vote, all voting aye. Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously, 1 1. RESOLUTION t10. 5-1982 IP! OPPOSTTION TO COMBINING THE CITY OF MINNEAPOLIS IN A LEGISLATIVE DISTRICT: Councilman Fitzpatrdck stated what he recalls is the Council requested a resolution to the effect that Fridley not be divided into two Senate districts. � Councilman Schneider stated he doesn't have a problem with the resolution if some language is added to indicate the desire to keep Fridley in one co�+tinguous senatorial district. MOTION by Councilman Schneider to adopt Resolution No. 5-1982. Seconded by Councilman Fitzpatrick. : MOTION by Councilman Schneider to amend the above resolution by adding the word "and" at the end of the fourth paragraph and the addition of a another paragraph to read as follows: "WHEREAS, the City Council feels the City of Fridley shouldn't be divided into more than one senatorial district," and the further addition of the following words at the end of the last paragraph of the resolution: "and to any redis- tricting plan which divides the City into more than one senatorial district". Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTIOtj, al1 voted aye, and Mayor Nee declared the motion carried unanimously. . 1 2 RESOLUTION N0. 6-1982 DETERMINING THE NEED TO CONSTRUCT PuRi Tc RFfRFdTT(1N MOTION by Councilman 8arnette to adopt Resolution No. 6-1982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. It was called to the attention of staff that Gardena and Riverwood Schools should also probably be identified by the other names they are known by. 1 J RESOLUTION N0. 7-1982 DESIGNATING POLLING PLACES ANA APPOINT2NG ELECTION JUDGES FOR THE FEBRUARY 16, 1982 SPECIAL EIECTIOP�; MOTION by Councilman Fitzpatrick to adopt Resolution No. 7-1982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Ftayor Nee declared the motion carried unanimously. 1 4 RESOLUTION N0. 8-1982 APPROPRIATIN6 MUPJICIPAL STATE AID FUNDS TO CSAH PROJECT N0. 02-601-26, SIGNAL EAST RIVER ROAD AND 43RD AVENUE: MOTION by Councilman Schneider to adopt Resolution PJo. 8-1982. Seconded by Councilman Hamernik, Upon a voice vote, all voting aye, Mayor T�ee declared 1 C •the motion carrieci unanimously. J RESOLUTIOt! P14_ 9-]9R9 RFr!AMTNr, n anuTrn�i nr cr �oo,_o cT�«T ,..�.,�„�.,�.�� MOTION by Councilman Hamernik to adopt Resolution No. 9-1982. Seconded by Councilman Fitzpatrick. Upon a vuice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16 1 ?' � COUNCIL MEETING OF JANUARY 18, 19E2 . 10-1 OF PLANS PAGE 9 MOTION by Councilman Fitzpatrick to adopt Resolution Plo. 10-1982. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims P�o. 360E12 through 014T04. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously. 1 � LICENSES; MOTION by Councilman Barnette to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Hamernik. Upon a�oice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 y ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Herrick & Plewman, P.A. 6279 University Avenue N.E. Fridley, MN 55432 For lega] services rendered as City Attorney for the month of December, 1981 Smith, Juster, Feikema, Malmon & Haskvitz 1250 Builders Exchange Building Minneapolis, MN 55402 For legal services rendered as Prosecutor for the month of December, 1981 E.A. Hickok & Associates, Inc. 545 Indian Mound Wayzata, MN 55391 Professional services, December 1981, Moore Lake Restoration Project $1.993.57 $3,146.25 $4,331.42 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOL'RNNENT• MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the meeting of the Fridley City Council of January 18, 1982 adjourned at 9:30 p. m. Respectfully submitted, Carole Haddad Secy. to the City Council Approved: William J. Nee Maynr 19 1 A PROC(J�MATION BY THE MAYOR OF FRIDLEY WHEREAS, THE DESIGNATION BY THE UNITED �iATIONS OF I9u1 AS THE INTERNATIONAL YEAR OF DISABLED PERSONS HAS STIMULATED NEW PR�GRESS TOWARD ACHIEVING THE FULL PARTICIPATION IN NATIONAL AND COMMUNITY LIFE OF THE THIRTY-FIVE MILLION AMERICANS WHO HAVE DISABILITIES; AND WHEREAS. SUCH PROGRESS HAS DRAWN UPON TNE INITIATIVE AND RESOURCES OF INDIVIDUALS AND ORGAN1ZATlONS IN ALL SECTIONS OF AMERICAN SOCIETY WHO HAVE WORKED IN PARTNER- SHIP WITH DISABLED PERSONS, AND WNEREAS, SUCH PARTNERSHP HAS CONTRIBUTED SUBSTANTIALLY TOWARDS IMPROVING THE LIVES OF DISABLED AMERICANS; AND - WHEREAS, FURTHER ACTION IS RE�UIRED TO INCREASE PUBLIC UNDERSTANDING OF THE UN- FULFILLED NEEDS AND POTENTIAL CONTRIBUTIONS OF DISABLED PERSONS; AND WHEREAS, FURTHER PROGRESS SHOULD BE MADE IN THE UNITED STATED TOWARD ACHIEVING THE FOLLOWING LONG-TERM GOALS OF AND FOR DISABLED PERSONS PROPIOTED Dt1RIN6 THE INTERNATIONAL YEAR OF DISABLED PERSONS: �1) EXPANDED EDUCATIONAL OPPORTUNITY; �2) IMPROVED ACCESS TO HOUSING, BUILDINGS, AND TRANSPORTATION; �3) EXPANDED EMPLOYMENT OPPORTUNITY; i4) EXPANDED PARTICIPATION IN RECREATIONAL. SOCIAL AND CULTURAL ACTIVITIES; iS) EXPANDED AND STRENGTHENED REHABILITATION PROGRAMS AND FACILITIES; �Fi) PURPOSEFUL APPLICATION OF BIO-MEDICAL RESEARCH OF DISABILITY BY EXPANDED ACCIDENT AND DISEASE PREVENTIONi �u) EXPANDED APPLICATION OF TECHNOLOGY TO MINIMIZE THE EFFECTS OF DISABILITY; AND i9) EXPANDED INTERNATJONAL EXCHANGE OF INFORMATION AND EXPERIENCE TO BENEFIT ALL DISABLED PERSONS; AND WI�EREAS� FRJDLEY 1S BUILDING UPON THE INTERNATIONAL YEAR OF DISABLED PERSONS MOMENTUM AND IS CONSIDERING CONTINUED 1NITIATIVES TO IMPROVE THE LIVES OF THE COMMUNITY�S DISABLED PERSONS, �JOW THEREFORE� IN HARMONY WITH SIMILAR ACTION TAKEN BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, I, WILLIAM .J. IJEE� P�AYOR OF THE CITY OF FRIDLEY, DO HEREBY PROCLAIM I98Z AS THE IJATIOiJAL YEAR OF DISABLED PERSONS IN FRIDLEY, AND CALL UPON THE CITIZENS OF TH1S COMMUNITY TO OBSERVE SUCH YEAR THROUGH ACTIVITIES IN SUPPORT OF THE LONG-RANGE GOALS OF AND FOR DISABLED PERSONS PROMOTED DURIN6 THE INTERNATIONAL YEAR OF DISABLED PERSONS� Ii� WITWESS WHEREOF, I HAVE SET MY HAND THIS IST DAY OF FEBRUARY, 1N THE YEAR OF OUR LORD, I�INETEEN HUNDRED EIGHTY TWO. WILLIAPI J, i�EE f1AY0R CITY OF FRIDLEY � i � . TME GITY OF FqiC�L Y DfRECTORATE �� PUBLIC WORKS DATE January 27, 1982 FROM 'D.P_W_ Mary Cayan - Planning ISUBJECT Proclamation for National Year of Disabled Persons lA � 00 � °o 0 MEMO R A N D UM � MEMO N0. 82-08 TO ACTIONI INFO• The City of Fridley was one of 1,850 communities in the United States which participated in the International Year of Disabled Persons in 198T. In response to the need for an ongoing effort to meet the needs of American's 35 million citizens with disabilities, the Congress of the United States has proclaimed 1982 as National Year of Disabled Persons. The Fridley International Year of Disabled Persons Project Committee has accomplished many things in 1981, but also recognized the need to continue local initiative to meet the needs of Fridley's disabled citizens. Therefore, the Human Resources Commission, at their meeting of January 7, 1982 recomnended to the City Council that 1982 be proclaimed National Year of Disabled Persons in Fridley in support of local efforts. The attached proclamation should be included in the Council's February 1, 1982 agenda. NC/de c PUBLIC HEARIt�G BEFORE THE CITY C4Ul�CIL . .' 't0 WHOM IT MAY CONCERN: ' � 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 Ave�ue Northeast on Monday, December 7, 1981 in the Council Chamber at 7:30 p.n. for the purpose of: i Consideration of the approval of a Housing Plan and Program for the City of Fridley to a11ow the City of Fridley to develop and administer programs of makina or purchasing mortgage loans to finance housing within its boundaries. The Plan is available for inspection in the City offices between the hours of 8 a.m. to 5 p.m., Monday through friday, at 6431 University Avenue N.E., Fridley, Minnesota. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. Publish: November 4, 1981 WILLIAM J. NEE MAYOR , 2 0 TME GITY OF Fqit�L Y #-� '' � 2 A � DIF:ECTORATE OF PUBLIC WORKS �DATE �anuary 28, 1982 FROM �D.P.1N�errold Soardman - Planni SUBJECT - Multifamily Mortgage Revenue Bond Program and Resolution MEMO N0. 82-09 TO 11/IEMORANDUM Please see attached the "Multifamily Mortgage Revenue Bond Program" and "Resolution" as submitted by Diane Eliason, Dain Bosworth and Associates, for the North Park Terrace Apartments. This is the third step in a five step process. Step (1) and Step (2) have been canpleted. They are (1} the approval of the Housing Mortgage Bond Plan and Preliminary Bond Sale Resolution by the City Council an December 7, 1981 and (2) the review and approval of the Bond Plan by the Metropolitan Council completed on January 21, 1982. The remaining steps are as follows: 1. Approval of the Bond Program by the City Council and its �submission to the Minnesota Housing Finance Agency for approval. 2. Minnesota Housing Finance Agency approval. 3. Entering into any legal contracts with the developer and approval of the final bond sale. ACT10N1 iNFO• The approval of the program does not require any commitment of subsidy for its submission to the Minnesota Housing Finance Agency. This wc�uld allow the developer to be eligible for tax exempt financing. After the Minnesota Housing Finance Agency approves the program and prior to the final bond sale resolution by the City, the City Council needs to determine the most appro- priate means to assist the project. This may be in terms of a tiubsidy of units, further write down of outside development costs, delay assessments, etc. Thes� are all eligible tax increment fund expenditures ancl would have to be determined based on the financing information at that time. JLB/de � - City of Fridley Multifamily Mortgage Revenue � Bond Program By enactment of Minne�ota Statutes, Chapter 462i�, the Legislature in 1979 authorized all cities in Minnesota and housing and redevelopment authorities, if authorized by the City, to establish and finance certain single family and multifamily housing programs as defined in the Act. Before issuin� bonds under Chapter 462C, the issuer is required to prepare, and after conducting a public hearing, adopt a housing plan, sub:mit the plan to the Metropolitan Council for review and comment, prepare and, after conducting a public hearing, adopt a housing program covering the specifics of the proposed financing and submit such program to Minnesota Housing Finance Agency for approval. The state agency has promulgated regulations regarding the scope of their review. Chapter 462C contains a series of limitations including issue size and requirements of units for low income persons. Furthermore, the proposed project site is in a redeve- lopment district established pursuant to Minnesota Statute 462 and there£ore is considered a target area under Minnes�ota Statute 462C.05 • At the regular City Council meeting of December 7, 1981, a r esolution was passed which authorized the City of Fridley to develop and administer programs of making mortgage loans to finance single family and multifamily housing redevelopments and to sub- mit a housing plan and program to the Metropolitan Council for approval. Said resolution passed and adopted the housing plan. The housing plan is presently being reviewea by the Metro- politan Council. It is anticipated that approval will be received shortly. Such appro�al is necessary before implementation of this program. Through the implementation of this program, the City of Fridley intends to provide for the following statewide policies: Availability of housing to all persons, and equal employ- ment opportunity by all contractors and subcontractors eng.aged in the construction of such housing to all per- sans, without discrimination as to race, color, creed, religion, national origin, sex, marital status, age, and status with regard to public assistance or disability; Assurance of decent, safe, and sanitary housing through compliance with the state building code; Provision of affor�able housing options, and where possible relocation assistance, to displaced persons in the same developments and neighborhoods, in order to.minimize the effects of potential displacement due to housing programs; The participation and assistance of private industry in • . providing decent, safe, and sanitary owner-occupied housing �nd rental housing at affordable prices and ren- tals to persons and families of low and moderate income, � to the elderly, and the handicapped; 2� 0 -2- �� The development of alternative energy s�stems and the greatest possible use of techniques for energy c:onser- vation in the construction or rehabilitation of residen- tial housing, even where such techniques may exc:eed the applicable federal, state, or local conservation standards; Innovative methods of financing residential housing for persons and families of low and moderate income;, •Increased const'ruction of rental housing for lar.ge fami- lies of low and moderate income; � Economic integration in residential housing in all communities; and � The participation and assistance of local goverriment and other related,public bodies in the development nf programs to provide decent, safe, and sanitary housing tc� persons and families of low and moderate income. In addition the City of Fridley intends to impl�:ment this program insuring that all construction will comply witYi the State Building codes and any other cades that are deemed appxopriate regarding this multifamily housing project. The City of Fridley is not under any restrictioii regarding the aggregate principal amount of the bonds as long as the City . implements the construction of multifamily housing inc].uding affordable housing for low and moderate income familie�. It is anticipated that the Eity of Fridley will issue approx�.mately $15,000,000 in mortgage revenue bonds to fund the const:ruction of 360 1, 2 and 3 bedroom rental units to be located at 8�rd Avenue N.E., Fridley, Minnesota. Under single family restriction the City of Fridley would not be able to issue more than $30,228,000 in aggregate mortgage revenue bonds. The tax-exempt bc�nds will be collateralized by a pledge of revenue derived from r.ental income including a pledge of revenue from tax�increment: as well as a first mortgage in the subject property. A. Summary of the Program A summary of the revenue bond program following parameters: Rental Rates proposed multifamily mortc�age would currently establish t:he The rental rates established for this pY-oject will be based on the latest Fair Market Rents for Minneapolis/St. Paul as published in thp latest Federal Register and increase such rent figures 10$ each year thereafter to such time that occu- pancy occurs. Rental rates will be comparative other units available in the City of Frkdley and neighbori:ng communities. by to 2C 2D -3- �� Qualification for the 20$ Low and Moderate Income Units 20$ of the 360 rental units will be maintained and available to persons or families of low and moderate income. Such persons or families will qualify if income is at 80$ or less of inedian income level for their family size as determined by the Department of Housing and Urban Develop- ment. Subsidy of 20$ units A pledge of revenue by the City of Fridley or owner sufficient to cover the difference between the market rate rental income and the rental income received of the 20$ of low and moderate income families will be required to imp�lement this bond program. Revenue Bond Issue Size and Rate It is anticipated that approximately $1.5,000,000 in bond proceeds will be necessary to f`inance the construction of approximately 360 multi.family units at an average interest cost of aru estimated 13$. B. Administration The City of Fridley will need to direct c�rtain responsibility for implementation of this progz�am. The city will assume this responsibility by directing the overseeing of rentals to low and moderate income persons or families to qualified Staff ("Administrators"). Said Administrators will be the Fridley Housing and Redevelop- ment Authority or an experienced managing agent: to be determined and approved by the city. The admiriistration will be responsible for the�collection of infoz-mation, and submitting necessary reports to the City Counc�l and the State. Periodic review of low and moderate inc:ome persons and families to verify their qualifications wiA1 be required. C. Costs of the City Any necessary expenses of the City and its staff during the structuring of the sale of bonds inc.urred and associated with bond issuance will be reimburs�d out of bond proceeds. D. Distribution of Bond Proceeds Bond Proceeds will be restricted to provide construc- tion and permanent financing for 360 multifami:ly rental units•located at 83rd�Avenue, N.E., Fridley, M:innesota. 2E -4- E. Summary and Conclusion The City of Fridley desires to provide affordable housing opportunities for all segments of its population. This project will add 72 low income units to the City's housing inventory as well as provide 228 reasonably priced housing units in the City and will increase the economic integration of its neighborhood. The housing plan with the mul�tifamily mortgage revenue bond program is designed to further the local and regional housing policies by constructing safe, decent, sanitary housing and making it available to various eco- nomic segments of the City of Fridley population. It is believed that the program will provide an incentive for people to relocate in the City limits as well as provide current rental residents with greater residential oppor- tunity. January 25, 1982 Jerrold 8oardman, Planner City of Fridley 6431 University Avenue N.E. Fridley., MN 55432 RE: Housing Plan and Program Metropolitan Council Referral File No. 10249-1 Dear Mr. Boardman: 2F ��1ta� C� �,°Q °�+ � � � � : � �. ��, � �f�� '!N C�T��P� 300 Metro Square Building Sain.t Paul, Minnesota 55]01 Tplephone 612/291- 6359 At its meeting on January 21, 1982, the Metropolitan Council con�idered the City of Fridley's Tax Exempt Mortgage Revenue Bond Plan. This c��nsideration was based on a report of the Human Sources Committee, Referral R�port No. 82-08. A copy of this report, which was adopted as presented, i� attached. The Council finds that the City's mortgage bond plan as currently submitted is consistent with areawide policies and goals. Sincerely, METROPOLITAN COUNCIL v l Charles R. Weaver Chairman CRW:bm Attachment (,✓``. `�.`„-�. cc: HUD Area Office An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County O Carver County ODakota County O Hennepin County O Ramsey County O Scott County O Washington County An Equal Opportunity Employer TME GtTY OF FRl�L Y DtF�ECTORATE �F _ PU�LiC WORKS )ATE �anuary 13, 1982 �ROM D.P.W.�errold L. Boardman - Planning ►UBJECT Comnunity Development Block Grant Projects for 1982 �- L'- ,� .. . �- '=- � � • �y .. � � � - • � 1,'•�•'6 MEMO N0. 82-03 TO � ACTION� INFO- Please see attached the recommended Community Development Block Grant Projects for 1982 which need approval by the City Council so that they can be submitted to Anoka County for final approval and submission to HUD. This year the regulations have been relaxed considerably regarding public hea-rings,and the only required public hearing is at the County Board level. We still have five project areas but the steering committees have been eliminated. In our project area (Coon Rapids, Blaine and Fridley) we have agreed to a direct pass through of funds which means that the City is eligible for $201,322.00. The Community Development Commission reviewed the possible projects eligible to the City and developed a list of potential projects. They then held public hearings to rece'ive input on possible projects and made final recommendations on two project applications. (1) Housing Retrofit and Weatherization Program ...$80,000.00 (2) Moore Lake Land Acquisition . . . ... . . . . . .$121,322.00 Please ensure that these applications are submitted to the City Council for their review on January 18, 1982. This will give us adequate time to make any necessary revisions prior to the February 15, 1982 deadline for submission to Anoka County. JLBJde .J'� . .. •• � �., • rs•• . �:►� � :»�� • . . � �•:• .� i � � i�•:•. ,. :� ro-•. �: �r?I��_ .��e�l:'�;.. ;r,��j�; s. *�� ,Ir�+' I 11 �• 1 \ ! /:I. • s' � au � - - - •�� ' General Richard Harris ' Chairperson 6200 Riverview Terrace N.E. (H. 571-4097) Chairperson Richard Swanc]a Et�v. Qual. 1521 Woodside Court N.E. Caranission (H.571-6154) (B.297-2?32) Chairperson I C�ununity Development Chairperson Parks & Recreation �, Chairperson Appeals Caranission LeRoy Oquist 1011 Hackman Circle N.E. (H.571-0415)(B.482-3635) David Rondrick 280 Stoneybrook Way N.E. (H.571-2359)(B.521-4767) Patricia Gabel 5847 - 2 1/2 St. N.E. (H.571-1288� (B.571-4600) 4-1-82 4-1-82 4-1-84 4-1-82 4-1-82 I Chairperson Mary van Dan 4-1-84 A�m�n 6342 Baker Avenue N.E. , Resources (H.571-3177)(B.546-9035) I Chairperson Dean Saba 4-1-83 ' �ergy 6325 Van Buren N.E. C.amnission (H.571-1953) (B.631-5860) 00[�JNITY DEVIIAE'[�TP �SSION (QiAPiQt 6) (5 �- 3 YFAR TE[� � Chairperson I Vice- � Chairperson I�e.Roy Oquist 1011 Hackrnan Circle N.E. (H.571-0415)(B.482-3635) Renneth Vos 990 68th Avenue N.E. (H.571-2246) Connie Modig 1330 Hillcrest Drive N.E. (H.571-0550)(B.298-3789) 5haron Gustafson 437 Rice Creek Blvd. N.E. (H.574-9582) Alfred Gabel 5947 2 1/2 St. N.E. (H.571-1288)(B.561-8800) 4-1-84 4-1-82 4-1-83 4-1-83 4-4-84 4 ..� i �s• r4�;., �►,�� 1;�� 4-1-85 4-1-85 E}�IRING OOI�H'�IISSION POSITIfJNS rs• a: �'is�J_ �I;r,l:�:r;.. J+.1 �1; ;r. : �+� �+�4s� • •�� ► � �w� ;�� i� •� r • « .�. _�,.- _ _ - .�, Chairperson David Rondrick 280 Stoneybrook Way N.E. (H.571-2359)(B.521-4767j Viae- Barbara Hughes Chairperson 548 Rice Creek Terrace N.E. (H.571-6182)(B.871 7332) Jan Seeger 324 Ironton Street N.E. (H.784-7441) Dick Young 5695 Quincy St. N.E. (H.571-8098) Daniel Allen 6200 Rice Creek Drive N.E. (H.571-3137)(B.373-0956) 4-1-82 4-1-82 4-4-84 4-4-83 4-4-83 ApPFAT,S OO�II+IISSION (Chapter 6) (5 He�bers - 3 Year Tema Chairperson Patricia Gabel 4-1-82 5847 - 2 1/2 St. N.E. (H.571-1288)(B.571-4600) Vice- Alex P. Barna 4-1-82 Chaiperson 560 Hugo Street N.E. (H.784-5468) Jean Gerou 4-1-84 1650 Briardale Rd. N.E. (H.571--6736) Donald R. Hippen 4-1-&4 464 57th Place N.E. (H.574-9474)(542-6907) James Plenel 4-1-83 6864 Channel Road N.E. (H.571-0026)(B.421-4760x1126j 4A PAGE 2 - � � � � r �+• w?!� z :»,� � �;� � 4-1-85 4-1-85 4-1-85 4-1-85 E�IRING OOiR�tISSI�1 POSITIfJNS TF�! � � q�,i�l.q �Ii01.J ((�ap�ter 6) (5 limot�ers - 3 Year �e� Chairperson Richard Swanda 4-1-82 1521 Woodside Court (H.571-6154)(B.297-2732) Vice- Ja�n Erickson 4-1-83 ' Chairperson 1601 N Innsbruck Drive (H.571-2577)(B. 571-9481) Maynard Nielson 4-1-82 7144 Riverview Terrace N.E. (H.571-6608) (B.571-0761) Bruce Peterson 4-1-83 7503 Tsnpo Terrace N.E. (H.786-9898)(B.853-5041) Marcia Schaaf 4-1-84 5534 W. Bavarian Pass N.E. (H.571-0963)(8.571-4600) g[�i gF�Ji�S �IO[�i (Q�pter 6) (5 l�embers - 3 Year Ter� Chairperson Mary van Dan 4-1-84 6342 Baker Avenue N.E. (H.571-3177)(B.546-9035) Vice- Brian Goodspeed 4-1-84 Chairperson 731 Rice Creek Terrace N.E. (H.571-4822) Peter Treuenfels 4-1-82 5248 Horizon Dr. N.E. (H.560-5907)(8.638-7662) Jayne Noble 4-1-83 7381 Jackson St. N.E. (H.784-4771)(B.786-0800) Lynn Boergerhoff 4-1-83 7374 Van Buren St. N.E. (H.786-7167) 4� PAGE 3 ..� � �,• ��1�, �A,1' , �r. 4-1-85 4-1-85 4-1-85 EXPIRING OONIl�tISSIGN FOSITmNS 'l�i � S�I�'Y �SSIQ�i (t�apter 6) (5 Me�bers - 3 Year �erna Chairperson Dean Saba 4-1-83 6325 Van Burer► N.E. (H.571-1953)(B.631-5860) Vioe- Jerry Cichosz 4-1-84 Chairperson 7509 Tanpo Terrace N.E. (H.786-2495) (B.574-5690) Donald E. Wall 6850 Washington St. N.E. (H.571-2272)(B.645-9236) Giles McConville 1588 Gardena Avenue N.E. (H.574-010?)(B.378-5981) William F. Wharton 6887 Channel Road N.E. (H.571-8555)(B.853-2207) 4-1-82 !� 4-1-83 ; �� ,�rs� CABLE Tff�ISIOiN QOl�3MISSION (Code Section 405.28) (5 l�obers - 3 Year �e� Chairperson Burt Weaver 4-1-84 928 Rice Creek Terrace N.E. (H.571-4237)(B.571-1249) Vice- Larry Chevalier 4-1-82 � Chairperson 6906 Hickory Drive N.E. (H.571-7147)(B.341-4444x31) Duane Peterson 7376 Stinson B1vd. N.E. (H.786-5174)(B.374-1120) Edward Raspszak 1317 Hillcrest Drive N.E (H.571-0441)(B.544-2115) 4-1-82 Harold Belgum 4-1-84 191 Hartman Circle N.E. (H.571-1191) 4C PAGE 4 ..,� � a+ y�+�� •,�� ;�s. 4-1-85 4-1-85 4-1-85 4-1-85 E�IRIlJG QONIMISSION POSITmNS � •. �� +'��!�±'��_ .Is�l:�:rl;.. s:1' 1� �+`- : *�� 1�1�s' ' 11 :� : � Iti 1 ` 1 ' JI " J �;' I� � 1 �: �:' aii � - - - �i� Chairperson { Vice- � Chairperson Larry Caiurnrs 5212 St. Moritz Drive N.E. (H.571-8925)(B.544-9321� i31sse11 Houck 750 Overton Drive N.E. (H.571-3249) (B.348-2150) Elmars A. Prieditis 6031 Benjamin St. N.E. (H.571-7230)(B.332-3944) Duane Prairie 489 Rice Creek Terrace N.E. (H.571-3993)(B.786-9600) Carolyn S�rendsen 6171 Kerry Lane N.E. (H.571-6060)(B.571-2345) 6-9-84 6-9-8� 6-9-86 6-9-83 6-9-85 ' POLICE �+IISSION (Chapter 102) (3 �ers - 3 Year �enon) Edward Hamernik (Resigned 1/4/ 4-1-82 ' 6740 Monroe St. N.E. 82) (H.571-6091)(B.559-9000) Jea,n Schell 4-1-83 5198 St. Moritz Drive N.E. (H.571-3283) Elizabeth Rahnk 4-1-84 209 Rice Creek Blvd. N.E. (H.571-2108) � 4D PAGE 5 ...� � �+� 4�+� � �.�' ; ;,ti 6-9-87 .lnhn K_ j�jnsvprk 4-1-85 fi%6-t#aTtma�Tr�i-e- �fi=fs6��:#L5=�541) Tr.�� c�Tr oF ._ _ . �_. _ _ _ . 5 DiRECTORATE OF PUBLIC WORKS � FRlDLEY DATE �anuary 22, 1982 FROM D.P.W. Jerrold Boardman - Plannin SUBJECT Innsbruck North Townhouse Plat 5 ,�. . � � MEMO No. 82-07 TO Nasim Qureshi MEMO R A N DUM r ACTIONI INFO• � We have reviewed the platting procedure of the City Code (Chapter 211) with Dave Newman, City Attorney's office, to determine if there is a simpler procedure by � which we can record the above stated change to Plat 5. Based on our review of'Ch�pter 211.17, the Planning Comnission could make a finding in their review of the preliminary plat that allows a variation to the requirements of Chapter 211 based on unintended hardship. This finding shall be recorded in the minutes of the meeting and trans- mitted to the City Council for approval. In this sitation the Planning Commission could find that processing a replat for this minor lot line modificatian could constitute an undue hardship and request that the procedure be varied to allow the proposer to file a"Surveyor's Certificate of Correction" as allowed by Chapter 505.174 of the Minnesota State Laws. This specifically allows minor modifications to an existing plat which fails to identify or correctly describe the land to be so platted. This is simply done by a certificate to the County dated and signed by a registered surveyor. Sill Deblon discussed this with the County who would allow this process for this item. If this is a desirable action for the City, the.Council should redirect this item to the Planning Commission �.or recomnendation: We coci�d review this as�early-as February 3, 1982. . JLBJde ---- - --- . 5 A MEMORANDUM January 26, 1982 MEMO T0: Mr. John G. Flora Public Works Director Mr. Jerrold L. Boardman Executive Director Housing and Redevelopment Authority MEMO FROM: David P. Newman SUBJECT: Innsbruck Replat 5 Addition Chapter 211.17 of the Fridley Code provides the granting of variances from the City's platting requirements. This Section provides that when the Planning Commission determines that the platting requirements would cause unnecessary and unintended hardship, then the variance may be granted. Except in certain instances, which are not applicable to the present case, a preliminary plat must first be submitted to the Planning Commission before a variance can be granted. It is my understanding that this has, in fact, been done so it would appear appropriate for the Planning Commission to grant a varianc,e if they find unnecessary and unintended hardship. Minn. Stat. 462.352 (12) (c) states that the adjustment to a boundary line is not a subdivision. Because of this definition, the State requirements for the platting of subdivided property also need not apply. The significance of the City Charter and the State Statute is that there is no need for the platting requirements to be complied with for a replat provided that the replat is solely for the purpose of the correction of errors in the original plat. There remains the additional question of the procedure to be followed then in correcting a plat when the platting requirements are not being followed. Minn. Stat. 505.174 provides that when a plat is defective that it may be corrected by the surveyor who prepared the plat executing a certificate �stating the nature of the defect and stating the correct information to correct the defect. In summary, it would appear that the Planning Commission can waive the final platting requirements for the replat and that the corrections can be made by the surveyor executing a certificate which describes the defect in the original plat. �^'"_ - � . � � � � � MEETING OF JANUARY 4. 1982 PA6E 5 Mayor N stated he felt the concept was a very positive thing although he didn't ike the design. Councilman H rnik felt the signs could have some positive effects. but there wouid h e to be some limitaticns or ground rules. Councilman Schne er suggested having the areas in the crime prevention _program pick a nam for their neighborhood. It was the general co ensus of tfie Council that they f�lt.the toncept of the neighborhood si was good. but more work Nas needed to determine Aow neighborhoods would named and to thange the design of the sign. 2 D D. RECEIYING APPEALS PIISSION MINUTES OF NOVEMBER 17, 1981: 1. CONSIDERATION OF RIANCE REQUEST TO REDUCE NUMBER OF Mr. Flora, Public Works �irector. st ed this variance is requested to reduce the number of garage stalls f three tc one to allow a tempora�y home occupation at 5111-5115 3rd Street Mr. Flora stated this structure has a two r garage on the property and the property owner wants to convert one f the existing garages into a home occupation so his wife could cont ue her tailoring business, Mr. Flora stated a motion was made by the Appea Comnission for apprnval of the variance. but was defeated by a 2 to 2 vot Councilman Fitzpatrick stated there are five structu s in this area where others have been required to meet the code or a least cane close to neeting the requi�ements. He stated tfie area across he street is ' - relatively new consisting of single family homes. I�tOTION by Councilman Fitzpatrick to concur with the reco�nen ations of staff and the Appeals Comnission to deny this variance reques Seconded by Councilmar► Schneider. Upon a voice vote, all voting aye. Ma or Nee declared the motion carried unanimously. 2�i 2. CONSIDERATION OF VARIANCE REQUEST TO ALLOW A SECONO PYLON SIGN FOR ONE YEAR. 7441 EAST RIVER ROAD. RED'S KORNER PlitA, WEARNE R. CLAYTON: Mr. Flora, Fublic Works Oirector, stated this request is for a variance to allow a second pylon sign for a one year period for property located at Osborne Road and East River Road. Mr. Flora stated the Sign Code only aliows one free standing sign and this is a new business and the petitioner desires some visibility from East River Road, as the building is set quite far back from the street. Mr. F1ora stated the variance requested is to allow an additional sign for a one year period to allow the petitioner to obtain a patronage for his business. Councilman Fitzpatrick felt the area is fairly cluttered as it is and had a concern that once the sign is up. it may be difficult getting them to remove it after one year. Mr. Qureshi, Ctty Manager. pointed out the Councii would have to establisfi the fact that there is a special hardship before they could grant the variance. L.�� C/ . . 6 5 6� � e , .�. 4 COUNCIL I�ETING OF JANUARY 4. 1982 PAC,E 6 MOTION by Councilman Fitzpatrick to deny this variance request based on the fact that the City is attempting to reduce this sort of thing on a tity-wide basis. Seconded by Councilman Schneider. Upon a voite vote, `11 voting aye� t4qyor Nee declared the motion carried unanimously. Mr. Floro. ublic Works Director. stated the City enters into two agreements nually with the Metropolitan Waste Control_LDmoission. He stated one agreement supports the MWCC sewer tine coming fmm Mounds View th ough the City to tAe main interceptor and the other agreement suppo ts the MWCC sewer line coming from Columbia Heights to the main inte ce�to�_ MOTION by Councilm Schneider to authorize the Mayor and City Manager to enter into these wo agreements. No. 191 and No. 67, with the Metro- politan IJaste Contro Caranission. Seconded by Councilman Fitzpatrick. Upon a voice vote, al vottng aye. Mayor Nee declared the motion carried unanimously. Mr. F1ora, Public Works Dire or, stated at the 1a S Council meeting. the Council approved the alig ent agreement with �.�e County for the installation of traffic signal and intersection improvement on East River Road and 43rd Avenue brid approach. Mr. Flora stated the City has now ceived the estimated cost of the project which would be 510.800 for he City's portion. and funds for this project were included in the 19 budget. Mr. F1ora stated this project is basedon the County rec=ivi Great River Road funds and if these funds are not received. tt�''oun will re-evaluate the project. MOTION Councilman Fit2patrick to approve he expenditure of 510.800 for the City's portion of this improvement with the stipulation that • if Great River Road funds are not availabl . the County would re- _ evaluate this project and identify any chang s which would result from -- not receiving the funds. Seconded by Councilm Barnette. Upon a voite vote, all voting aye, Mayor Nee declared the m ion carried unanimously. 5 GE ORDER N0. 1 FOR LLION Mr. Flora, Public Works Director, stated the Lity ha a contract with Boda Construction Company, Inc, to repair the 1.5 mil ion galton reservoir and in conjunction with the repair work, it as felt it : would be appropriate to repnint ihe repair work with th same color as the reservoir. Mr. Flora stated this required some special paint and mixi�lg to match the color at an increased cost of fE7G.-80. and asked Councit� to consider approval of this change order. \ MOTION by Councilman Schneider to authoriie Change Order No. 1 ith Boda Construction Company� Inc. for repairs on a 1.5 million gal on reservoir and the purchase and application of 40 additional gallo s of acrylic coating requiring special mixing in the amount of �87G. Seconded by LounciTman Barnette. Upon a voice vote, all voting aye Mayor Nee declared the motion carried unanimously. 7 .� t. � . ... �. �. .. 6� � � V Appeals Commission Meeting - November 17. 1931 Page 2 C. AI�'lINISTRATNE STAFF REVIEW: The staff feels that the garage requiranents for two-family dwellings are necessary ana that if the petitioner wants to o�rivert the existing garaqe ta a sewing roaa, he should then replace the lost garage area by constructing a new garage. We feel the Board should ccnsider recomnendinq denial of this request. � I�r. Wlasiuk, �15 3ra street N.E.� xas present. 6B � t�� An aerial photo�raph of the property was available. Mr. siuk explained that there Fras a two car garage on the property and he nted to convert part of that garage into a sewing area so that his wife c� d get her tailori.t�� business established ir� her home� reducing overhea � before moving to a store front. He feels this move to a store front cou be xithin a t�ao year time period. �:s. Gerou asked how many cars he prese tly owns. rr. Wlasiuk responded three but only ever parked one in e garage. Chairwoman Gabel asked if the�three cars inc2uded those owned by s in-laws who rent part of ti� dwelling. He indicated that thsy did not rive so it was a total of three cars. Chairwoman Gabel asked hoW Iong his �if' has had her tai].oring business. l�r. Wlasiuk said since January. She had s rted in one of the bedrooms, but the area was just too small. Chairwoman abel ask�ed of 1�r. Clark the code on home occupations to which he respo ed that she was within the code on home occupations, the issus was the co ersion of the garage into living space. He further stated that upon a visi to the site the car,penters were ' just finishing the sheetrocking and that the lling still looks like a garage on the outside� and that base board heating d bsen installed. .Nlr. krlasiulc was at that time informed of the code and he ubsequently applied for a variance on Septer�ber 30. Ms. i�erou asked of the pos ibility of excess traffic due to custor�ers. Z:r. Wlasiuk indica.ted that it was a pick up and delivery servics so there would be no miscellaneous traffi . Chair�aoman Gabel asked of the possibility of edding another gara�e to ths operty. ZIr. Clark said there would be room for a detached garage in th back yard. A;r. ti7lasiuk indica#,ed no interest as is to be only a temporary rrangement and it wES also wise to think about resale. Chairwo�ra n Gabel vo ced some concern over the fact that a tailoring business might not generate slot of trgffic but should another business go in that location there co ld be a problem. She also explored the possibility of �ranting a variance fcr tirne period and in4vired as to further co�nplaints of which there have bee none. _ - MOTION by ti', Barna, seconded by iir. Hippen� to close the pnblic hearing. UPON A IiUI(.� VOT�,. ALL VOTIIv'G AYE, CHAIRb10N.AN GAB3L Dr.CI�Rr�D TIiE PUBLIC iTr�ARL�"v CIAS�D AT • � 52 P.I�. MOTION by . Barna, seconded by Mr. Rippen to recommend to the City Council through the Plan ing Commission, approval of the variance to reduce the number of garage stalls. rom 3 stalls to 1 stalls for a temporary home occupation, until June, 1983, with the stipulation that if the property is sold it be reconverted to a garage before the new owner takes possession. UPON A VOICE VOTE, ZWO VOTING AYE, TWO VOTING NAY, CHAIRMAN GABEL DECLARED THE MOTION D�FEATED. l 2, yA'�IANC�; �QiJEST PLiRSUAy2' TO CHAPTER 214 OF T� "'?�U'Y CODE, TO ALIAW S:�.COtiD PYLOId SIG�' A�'tZ�'E STAIyDTvG 2�F 00'T n F S'v: � � �"_-�---- -- �� -�r�^�� YEAR TO B��IACAT�D ON IAT 1, bIACK � . . i�. � F�IlvG 7 1 EASr RIU�� ROAD N.�., F�IDI.�Y� I�SIlJ1�sSOTA�Requested y Red s Korner Piz2a� Wearne R. C7.ayt�n -�+1 F.ast River Road N.E. � Fridley, Minnesota 55432i• � � 6C A�peals Commission N�eting - November 1?� 1961 Page 3 i:�OTI02� bq ?;r. Hippen� aeconded by 1�. Gerou� to open the public hearing. UPOh A VOI� VOTr.� ALL VOTING AYE� CHA7R�101✓,AN GAS�L DECLAR-:D T.� PUBLIC Hr�ARING OP�h' AT 8t05 P.M. Chairwoman Gabel read the Staff Report: `ADMINISTRATIVE STAFF REPORT 7441 East River R�ad N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMIIdTs Section 214.045, 8 1, requires a maximum of one free-standing sign per street frontage on a oorner lot. Public purpose served by this requirement is to control visual pollution and excessive use of signs in commercial areas. B. STATED HARDSHIP: "Small new business venture and exposure to public is needed to show location and retailed products offered. I would like conditional usage for the above sign to be approved for one year. At that time I hopefully will be financially able to enter an agreement with t1�e Iandlord and the adjoining leasee(Big Wheel Au to Stores) to conform to the City Code.' "I also request that the City of Fri8ley waive the variance fee." C. ADMINISTRATIVE STAFF REVIEW: This business is located in the same building as Big Wheel Auto Stores on the soutl�east corner of East River Rc�ad and Osborne RoaB. There is an existing Big Wheel Auto Store free-standing sign (48 sq.�ft.) on the East River Road frontage. Additional signage could be added to t�sis siqn to a maximum of 80 square feet. The petitioner currently has a t�nporary pennit for the existinq siqn (15 sq.ft.) which will expire when action is final on the variance. ?�r. :�earne F. Clsyton. ?4k1 Fast River Road :�.E. � Fridley. was present. I•;r. Clayton indicated that he is a small businessman just trying to get established and needed the sign simply for whatever exposure it would give him. It is a durable sign and he �ould like to use it for one year until it is financially feasible to do bther advertising. Chairwoman Gabel expressed eoncern that the sign i:s not highly visible, the building is set back and a pylon sign Would give more and better exposure and recorr�nended 2ooking into it as soon as fir,ancially possible. She further stated that the corner is not overly cluttered and that the sign he is using doesn•t make it ar�y worse. Xis. Gerou inquired if another Iarge pylon sign could be put up on the corner. Chairwoman Gabel responded that the code says one per corner frontage• which is determined by ownership. r:r. Barna suggested a lighted sign on the face of the building. 1•;r, Clark suggestetl that perhaps someone would like to address the fact that I's. Clayton requested that the 1'ee be waived. Chairwoman 3abe1 indicated 6� A�peals Corr,mission - November 17, 1961 Page.4 that it xas City Council•a decision, but the fee xas used for duplicatin@ and mailing costs� as well as persannel required to do the �iocessing. 1�"'IOt� by I?s. Gerou� seconded by 1��r. Aippen� to close the public hearin¢. UPOti A WY� VO'P�, ALL VOTII�G A� CHATi�►aOPAN GA�L D�,CLA�� THE PUBLIC i�k�?1�G CIAS•� AT 8i17 P,Pi. MOTION by Mr. Aippen, seconded by Ms. Gerou, to recommend to Citq Council through the Planning Commission approval of the variance to allow a second pylon sign (2.1/2 ft. by 6 ft.) until January 1, 1983. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN GA.BEL DECLARED THE MOTION CARRIED UNANIMOUSLY. � � 3. VA?IA2:� R��TT�;ST PU rZ�Ti`JC� TF� S :":'�iSCY; �� I�.. J 2_� r �.L,T :O , C0:•�•�3�w: PAZii. T FRL"��Y� 3•'L'::::SUTA and 7320 liniversit �SJA►�T TO CHE►P:'F.R 205 OF T:�' FRID�Y CTiY COD.:, F0� A D:�I�T�'�:�t+Y F?0}: ':'iiY FiIG:�"'-C°s=,,!�"Y LL�:_, Fn0 �". 0 F�T ,^C i�,Ai:� A COl•�1•70ii DRI ti'.: y 4Y 0:� IA:' 1. B:.0 t� SF'•� ��71 i30� A•IL ?3_20 U;�I'f:�.SITY k'J:;��.T.�; �:. (Request by Glen :. harstad snd Russel Gerring� y Avenue N.E� � Fridley, I�S� 551+3zi 2•?0"_'IO'1 by ris. :�erou, .eco;�ded by I:r. Earna � to open the public hearing. t1Pv^t� A VGICE VO �� ALL VOTI;v'G AL, CHAL�"d0':•:k1'. Gi+��L DF.CLAR:.� TI�i: PiIF�LIC I�,:A�I:11 OP::t: A'^ 8i21 P.r:. Chairwoman �abel read the Staff Reports ADMINISTRATNE STAFF REPORT 7300 & 7320 University Ave. N.E. A. PUBLIC PURPOSE SERI7ED BY RE�UIR.F?�1ENT: Section 205.104, lE, �1, requires a minim�nn 20 foot front yard setback for off-street parkinq. Public purpose served by this requirenent is to reduce visual pollution in the front yard, t4 provide desired green areas, anc7 to provide aesth etically pleasing open areas adjacent to public right of ways. B, STATED HARASHIPz "Existing driveway was built approximately 10 feet fram the property line. Property was split, creating substandard lots and related setbacks. Driveway is needed for proper circulation.' C. ADA9INISTRATNE STAFF REVIi�1: The two businesses are located on the northwest corner of University Avenue and 73rd Avenue. C1�rrently the two properties face University Avenue and are divided by a 10 foot green area, with their entrance and exit driveways off frosn the loop back of University Avenue West Service Drive. The proposal is to install a common driveway along the eastern property line (University Avenue) eliminating a sect'ion of the 10 foot wide green area to allaw the traffic to circulate through both properties. The staff feels if this variance is approved some stipulation should be made t� properly screen the area. r t . . . . � � � n N � ♦— •M�/ coa R..as �.. . " � � : .»..... "'�"J��.... �� ) t � Y ► � � � � ... � \ � � e • `�' �� \ � LJ� D..n� MN+� ! i - • t � � � am � _ _ Variance = 7441 f. River Rd. - Red's Korner Pizza �.OGATION i� fr1411G l�E ►Mll �uuuu��t_� ��.1L � � � E �- (��ry} r u �J� � L /� o � � u� *� µ��t �� ,.,, � � 'ffl i'/ . ' ) �T.rW CM "7; a.. �i� �� n.,...,�i� e ' � in�i ;� � �ti � = M � J' ' �� :.��M�� : � "` «. w � ��....�. 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'��. :°�±� ._ fi�. .i�'». .... ,. �& '`1� .. `S� - �;;.� �,�; , �!• ; �� piN OgpII�i�KE Ar�iUII�G QiAPi'IIt 11, SF�CTION 11.10, OF TBE FRIDLSY CITY CODE RELATII�G TO FEES (CONVSRSION �IDQ'ill�IIt!!S) ZHE COUNCIL OF THE CITY OF FRIDLEY DOFS ORAAIN AS FOLIUWS: CHAPTIIt 11, SDCTION 11.10 FEFS Section 11.10 of the City Caie shall be amended by adding the follaaing: Code � 217 a 217b SUb1eCt Conversion Conc�rnniniwn (one time fee) Fee (a) 2 Ownership Units $500 (b) 3 to 7 Ownership Units $750 (c) 8 to 12 Ownership Units $1,000 (d) Over 12 Units $1,000 plus $50.00 per unit for every unit over 12 CondominiLUn (a) 2 to 4 Ownership Units $20 (annual fee) (b) 5 to 12 Ownership Units $30 (c� 13 to 24 Ownership Units $40 (d) Over 24 Ownership Units $50 PASSID A1�ID P,DOPTID BY �iE CITY OF FRIDLEY TfiIS IaAY OF , 1982 WILLIAM J. I�E - MAYOR ATI'EST: SIDNEY C. I1�fi�1AN — CITY CLERK First Reading: January 18, 1982 s�ona R�a�: Publish: 3/3/10 7 TNE GITY OF DIRECTORATE OF PUBLIC WORKS DATE �anuary 28, 1982 .� , . � . ' SUBJECT Bill Deblon & Steve O1 Revisions to Chapter 220 . MEMO N0. 82-11 TO John Fl ora ��'' f � MEMORANDUM ACTIONI iNFO. �� Attached is the revised copy of Chapter 220 of the Fridley City Code commonly referred to as the "Housing Maintenance Code". The revision was performed at the request of yourself and the City Council to include provisions for systematic inspection of both conversion and newly built condominiums.. The original "Housing Maintenance Code" was adopted on March 6, 1978 and after almost four years of enforcement, other areas were found to need revision and clarification. Staff thought it should take this opportunity to consider all the revisions at once. The proposed changes will mak� Chapter 220 more enforceable and easier to interpret. The changes are shown in a new system of underline (delete) and bold (add). These changes are sumnaried below: 1. Various definitions have been made more concise and clear. 2. Ne4� definitions were added (i.e. cellar, condominium, multiple dwelling, and rooming unit.) r. 3. Provisions for �g;�s'�e��f�`�-inspecti�on of condomin�ums were added. 4. Minimun energy standards as promulgated by the Minnesota Energy Ag�ncy and establishec by State Law are added and adopted by reference. Minimum energy requirements for rental property have been the topic of many Energy Commission meetings. The Energy Commission would support such a provision although they have made no formal recommendation. For effective enforcement of this provision, additional training may be necessary. 5. Various word-changes were made to make the provisions more clear and enforceable. b. Related sections of the Chapter were combined to improve the organization and readability. 7. The overall language and format was made consistent with the City's other chapters which will prepare it for recodification. WSD/SJO/de . i •; �� ,. «- � AN pIiDI�t�10E REPEALIPG OI� CBAPTER 220 OF T9E FRIDLBY CITY �E IN I25 F�'IREi'Y AID ADOF'1'ING A NEi�1 CHAPTER 220 Et�TiZ�� 'FRIDIFY RESIDF�T�IAL 1KAINi'E3�Il4i�E �Dl:" ZiiE CITY 00[7NCIL OF THE CITY OF FRIDI,EY DOES ORLIAIN AS F(iI,IDWS: S�.TION 220.01 TITLB This Chapter shall be referred to as the "Fridley Residential Maintenance Coc3e" . SFX.TION 220.02 PRFANlBIE It is hereby found anc3 declared that imgaired and energy inefficient structures harbor vonditions detrimental to the public health, safety, ar�d general welfare of the public. It is also found that impaired and energy inefficient structures exist within the City,� �c]?ev because of faulty design or construction, failure to keep them in a proper state of repair. lack of adequate lighting or ventilation, inability to p oA� �y �+Pa be properly heated, improper managenent, or any combination of these factors. It is declared that the improvement of impaired and energy inefficient structures and the prevention of the occurrence of impaired and energy inefficient structures in the future is in the best interest of the citiz�s of the City. SDLTIOiN 220.03 9�E The provisions of this chapter shall apply uniformly to the maintenance, repair, equipment, use and occupancy of all existing residential structures, with the City.Qf Fridlev. This chapter shall apply to building codes in effect at the time of the issuance of the building permit. SFlLTION 220.04 P'[�rP06E The purpose of this chapter is to maintain and improve the City's sanitation, public health and attracti.veness, protect the sa -f��y of thg .�p,],�, and � promote the general welfare of the public by legislation which shall be systematically enforced upon all residential rental properLy and condominium common areas and act as a public service to resic3ents who arg��. o�,ers of awner occupied dwelliriqs. Section 220.09 entitled "Inmediate Health, s�1si Safety and Welfare Hazards" is the only section of this chapter which the City is empowered to enforce against owner-occupied � c7w�ellinqs. G�eral objectives are: 1. To proteet the character and stability of residential areas within the . . i City. 2. To correct and prevent conditions that adversely affect or are likely to aaversely affect the safety, general welfare, and health of persons awning or renting residential fa�;�;t;P� properties within Fridlev the City. 3. To provide for sound maintenance of heating, sanitary, elec�rical and ventilation systems necessary to heait?? and safety protect the bealth, safety ar� w�e].fare of the resident. 4. To provi8e basic requirements for the maintenance of existing residential �tuctures c7wellirgs. 5. To preserve the value of land and structures throughout the City. SECPIOiN 220.05 DEF'II�TITIONS For the purpose of this chapter certain terms and words are defined. Worcis not specifically defined in this chapter shall have the com�non definition set forth in a standard dictionary. The following words are defined as follaws: 1. APPRWID shall mean approved as to construction, installation, and maintenance in accordance with applicable statutes of the State of Mi.nnesota, and the provisions of this Code. 2. BASEMENT shall mean that portion of a building between floor and ceiling; which is partly belaw grade, but so located that the vertical distance fram grade to floor belaw is less than the vertical distance f ran grade to ceiling. 3. BOARDING HOUSE shall mean a building other than a hotel where, compensation by prearrangenent for definite periods, meals, and/or la7ging are provided for persons, not members of the principal family, not to exceed ten (10) persons. 4. CEL.TAR sisall mean that portion of a building between floor and ceiling r�hich is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from graae to oeiling. 5. CITY INSPECTOR shall mean the City Manager or his authorized representative. 6. CLEAN shall mean the absence of rubbish, garbage, vermin, and other unsightly, offensive, or extraneous matter. 7. COr]DOMINIIIM shall mean a multipe dwelling in which portions are designated for separate awnership and the renainder of which is desic�ated for ca�xnon otimership solely by the o�mers of these portions. A multiple clwellirig is not a oondo�ainium unless the unclivided interests in the � elements are vested in the unit awners. 8. D�WELLING shall mean a structure or portion thereof, designed or used � predominantly for residential occupancy of a continued nature, including one-family dwellings, two--family dwellings, and multiple-family dwellings of three or more family dwelling units either rental or owner occupied, but not including hotels and motels. � 9. IyW'EGLIl�IG UNIT shall mean a single unit providing complete independent living facilities for one or more persons incluc�ing permanent provisions for living, sle�ping, eating, cooking, and sanitation. 10. EASILY CLEANABLE shall mean readily accessible and of such material and finish, and so fabricated and placec3 that residue which may accur�ulate can be completely removed by normal cleaning methods. 11. ELECTRICAL SYST�I shall mean and include any and all methods of transmitting electricity for use to any dwelling or dwelling unit. QL mobile home- 12. �IT shall mean a continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, ramps, stairways, smokeproof enclosures, horizontal exits, exit passageways, exit courts and yards. 13. Ex'I'ERMINATION shall mean the control and destruction of insects, roc'ients, vermin or other pests. 14. FAMILY shall mean one or more persons each related to the other by blood, marriage, or adoption, or a group of not more than five (5) persons not all so related maintaining a co�non household in a dwelling unit. 15. FIAOR AREA, GROSS shall mean the sum of the gross horizontal area of the several floors of such structure or structures measured from the exterior faces and ex�erior ells or froqn the center line of common walls separating clwelling units. Basements or cellars devoted to storage anc3/ r ,�ff s�reet ��rkina shall not be includec7. 16. FUNCTIONING shall mean in such physical conditions as to safely perform the service or services for which an iten is designed or int�ded. 17. GA�RBAGE shall mean and incluc3e every accumulation of animal, vegetable or other matter that atten8s the pzeparation, consumption, display, dealing in or storage of ineat, fish, fawl, birds, fruit, or vegetables, including the cans, containers or wrappers wasted along with such materials. 18. HABITA�E STRUCTURE shall mean any structure or part thereof that meets minimum standards for use as a�,dwelling or place of abode by one or more persons. 19. HABITABLE ROOM shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes; excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements, pantries, utility rooms, foyers, communicating corridors, stairways, closets, storage sgaces and attics. 20. I�ATING, VENTILATING, AND AIR CONDITIONING SYSTEM shall mean and include any and all units, equi�nent, material, and miscellaneous devices . � used in the process of heating, ventilating, and air conditioning of any dwelling or dwelling unit,or mobile hame� 21. II�'F�TATION shall mean the presence withi.n or around a dwelling of any insect, rodent, vezmi.n or other pests. 22. RITCAEN shall mean a habitable room intended to be used for the cooking of food or the preparation of ineals. 23. LIVIl�IG ItOCM shall me� a habitable roan within a dwelling unit, which is inta�ded to be used, primarily for general living purposes. 24. LOT shall mean a paroel of land of at least sufficient size to meet zoning requirements for use, coverage, and area, and to provide such yarc� and other open spaces as are required by the City o Frid��v Zoning Ordinance. �• 25. MAINTII�IANCE shall mean to keep in a good state of repair; to preserve fram deterioration. 26. MOBILE HON� shall mean a transportable, single-family dwelling unit suitable for year-round occup�ancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing and subject to tax or registration, as such, under the provisions of Minnesota Statutes, Chapters i68 or 273, and having no foundation other than wheels, jacks, support systen, or skirtings. This shall not be construec7 to mean a recreational camping vehicle. 27. MOBILE HOME PARR shall mean any site, lot, parcel, or tract of land designed, maintained, or intended for the purpose of supplying a location or acoommodation for any mobile home and upon which any mobile home is parked and shall include all buildings used or intended for the use as part of the equignent thereof whether a charge is made for the use of a mobile hame park and its facilities or not. A mobile home park shall not include automobile or mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspection and sa1e. �h �� sha?? not be .c�nstr�e� to mP� a �,e,�reat�ona� c�;n_g �h�c�e. 28. I+�TLTIPtiE L1�IELT�Il]G sball mean any building or a structure containing therein t�ro or more dwelling units whether useci solely or exclusively for residential purposes. 29. MULTIPLE OCCUPANCY shall mean the occupancy of a building that supports, shelters, or encloses more than one distinct use. 30. Nat3-COr�USTIBLE shall mean any material or a combi.nation of materials which will not ignite or support combustion during a five minute e�osure. (Refer to 1973 UBC, Section 415). 31. OCCUPANCY shall mean the purpose for which a building, or part thereof, is used or intended to be used. 32. OCCUPANT shall mean any person resic3ing in a dw�elling, dwelling unit or rooming unit. 33. O�ERA�R shall mean any person �afio has charge, care or control of a � building, or part thereof, in which dwelling units or roaming units are let. 34. OWNER shall mean any person, firm, or corporation, who alone, jointly. or severally with others, shall be in actual possession of, or have charge, care or control of any facilitv dwelling, dwelling unit or aorx3aimini� within the City. 35. PER.9aN shall mean a natural person, that person's heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. 36. PLUMBIlJG SYSTII�i shall mean and incluc3e all potable water supplies and distribution pipes, all plimibing fixtures and traps, all drainage and vent pipes and all building drains, including their respective joints and connections, devices and appurt�ances with within the property lines of the premises and shall include potable water treatment or using equiprt�ent. 37. PROPERTY shall mean all land and structures and systems therein, platted lot or part thereof or an unplatted parcel of land. 38. PROPER OONI�C,TION �D AN APPROVID SEWER SYSTF�'! shall mean a functioning sewer connection free from defects, leaks, or obstructions with sufficient capacity to c3rain all fixtures or appliances which feecl into it. The sewer systeqn (be it municipal or private) must be capable of disposing sewage in a safe, sanitary, and aclequate manner. 39. PROPER OONNECTION � AN APPRCJVID WATE�t SYSTII�I shall mean a functioni.ng plumbing connection free from defects, leaks, or obstructions providing an uncon,t,�inated potable, controllable flaw of oold or heated water. 40. PUBLIC ARFAS shall mean those areas which are normally occupied or open to the general public. 41. REASONABLE CARE shall refer to the treatment of all facilities, fixtures, equipment, and structural elements such that depreciation of these objects and materials is due to their age and normal wear rather than due to neglect. 42. REFUSE shall mean all solid waste products or those having the character of solids rather than liquids; in that they will not f low readily without additional liquid and which are composed wholly or pa rtly of such materials as garbage, swill, swe�pings, cleanings, trash, rubbish, litter, industrial solid wastes or domestic solid wastes, organic wastes or residue of animals sold as meat, fruit or other vegetable or animal matter from kitchen, dining roam, market, food establishment of any places ciealing in or handling meat, fowl, grain, or vegetables; offal, animal excreta, or the carcass of animals; tree or shrub trimmings; grass clippings, brick, plaster or other waste matter resulting f rom the demolition, alteration or construction of buildings or structures; accumulated waste materials, cans, containers, tires, junk, or other such substance which may become a nuisance. 43. REPAIR shall mean to restore to a sound and acceptable state of operation, serviceability, or appearance in the determination of the � �g City Inspector. 44. RODII� HARBORAGE shall mean any place where rodents live, nest, or seek shelter. 45. ROQYIIl� UAIIT shal.l mean ariy rocm or group of roams forming a single habitable unit useci or intended to be used for living and sleeping, but not for oodc ing of ineals. 46. Ri1BBISH shall ir�clude wood, leaves, trinunings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden ware, printed matter, paper, paper board, paste board, grass, rags, straw, boots, shoes, hats and all other combustibles not included under the tenn garbage. 47. SAFE shall mean the condition of being free from danger and hazarc7s which may cause accicients or disease. 48. STRUCI'URE shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artifically built up or com�posed af parts joined together in same definite manner. 49. UNSAFE shall mean, as applied to a structure, a condition or combination of conditions which are dangerous or hazardous to persons or property. 50. UNSANITARY shall mean� �,�, a�> i ed to a st > >. conditions which are dangerous or hazardous to the health of persons. 51. USE shall mean the purpose or activity for which the land or building is designated� or intended, or for which it is occupied, utilized, or maintained, and shall include the performance af such activity as def ined by the performancy standards of this chapter. 52. �,TII2 CLOSET shall mean a toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer systen. SDCTIQTi 022.06 BASIC RDQOIRFIR'FNI'S PE�INIl�1G TO �9E I4AINPENAt�E �F�3 �� , R 3 A1�ID �, 4 PROPERTIES RESIDEATtIAL RENTAL PROPFR`1'Y AND COr1DOMII�IID1�! 0�3t�YJN ARFAS SDCTIOiN 220.061 Responsibility of Owners The awner of a dwelling shall be responsible for the maintenance of that structure and for meeting the provisions of this chapter. Those responsibilities may not be abrogated by a private agreement. SDCT7AN 220.062 Removal of Basic Equipment or Facilities No owner, operator. or occupant shall cause any facility or equipment which is required under this chapter to be removed from or shut off from any occupied �2�j,ng dwelling or dwelling unit except £or such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during tenporary energencies. SDCTIOTI 220.063 IKaintenanae of Heating Facilities �G U Every heating facility shall be maintained in a safe and good working condition, and shall comply with all of the follawing requirenents: 1. No fuel burning heater shall be of a portable type. 2. E�ery fuel burning heater shall be properly vented. 3. Ewery fuel burning heater shall have a f ire resistant panel beneath it. 4. Ewery heater located within three feet of a wall shall be equipped with insulation sufficient to prevent overheating of the wall during periods of maximum operation. 5. Every heater smoke pipe shall be equipped with guards property constructed of non-flanmiable material at the point where the pipe goes through a wall, ceiling, or partition. SECTION 220.064 PROVISIONS AND IyAII�IIJANCE OF BASIC SERVICES AND jjj�Tt �TTLS Plumbing,,Aeating, and Electrical Service: Every owner shall be responsible for the provision and maintenance of plumbing, heating, electrical, and ventilating service to each dwelling v� or dwelling unit. 1. Minimum Plumbing Standards: All plumbing in every dwelling or dwelling unit shall be properly installed and maintained in a sanitary. safe, and functioning condition. and shall be connected to an approved �ti_ litv muni.cipal or private systen. 2. Mi.ni�n Heating Standards: All �}ructures c3w�ellings shall have heating facilities which are properly installed, and which are maintained in safe and good working condition, and which are capable of�safely maintaining a minimum indoor temperature of 68aF. at an outside temperature of -20� F. �?ow�.ero at 36 inches above the floor in all habitable rooms, bathrooms, and water closet comgartments in every dwelling unit located therein. Gas or electric appliances designec] primarily for 000king or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment �nployi.ng flame and the use of liquid fuel does not meet the requirements of this section and is prohibitecl. No owner or occupant shall install, operate or use a heater employing a flame that is not vented outside the structure in an approved manner. a. Supplied Heat to Non-controlling Occupant: Whenever the occupant lacks direct control over the supplied heat to a dwelling unit or �cooming unit, it shall be the responsibility of the owner to maintain minimum heating standards as set forth in Section 220.064, Subdivision 2. b. Climate Control as Integral Ftu�ction: When facilities for interior climate control (heating, cooling, and/or humidity control) are integral functions of structures oontaining dwelling units or rooming units, it shall be the responsibility of the owner that such facilities are � maintained and operated in a oontinuous manner and in acoordance with the designed capacity of the installed equipment. During instances when the integral equipnent is inoperative because of power or mechanical failure, alternative provisions for fipsh a?r t�n_tj,]a �on climate control of each dwellirig or rooming unit shall be the responsibility of the o�wner. 3. Minimum Electrical Standards: Every dwelling unit and all public and common areas supplied with electrical service, functioning overcurrent protection devices, electric outlets, and electric fixtures shall be maintained in good and safe worlcing conditions, and shall be connectecl to a source of electric power in a maner prescribecl by the ordinances, rules anc7 regulations of the City Qf� Fridlev and the laws of the State of Minnesota. `13 � 1 1 . _� �1� • 5� 1 1' � i� ' 1 • �9 : • ; • 1 } �. �,. l. Ritchen Facilities: Ritchen Facilities in every dwelling unit shall be maintained in the follaaing naruzer: A. A kitchen sink shall be in gooa repair, in good working condition and properly connected to an approved water supply system which provides at all times potable, heated and unheated running water under pressure, and which is connected to an approved sewer system. B. Cabinets, shelves, counters and/or tables shall be in good repair, of sound construction ancl furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect on foo8. C. A stove or similar device for cooking food, and a refrigerator or similar device for the safe storage of food, shall be provided and properly maintained with all necessary connections for safe, sanitary, and efficient operation. 2. Windows, Doors, and Scre�s: Every wi.ndow, exterior door, and hatchway shall be substantially tight, caulked and weatherstrip��ed and shall be kept in sound cor�iition and good repair. Every window, other than a fixed window or storm wirx3ow, shall be capable of being easily c�pened. 3. Minimum Water Heating Standards: Ewery dwelling shall have water heating facilities which are installed in an approvea manner, are maintained and operated in safe and good working condition, are properly connected wi�h the hot water lines, and are capable of allowing an adeqnate supply of heated water to be drawn at every �� fixture at a mini�rnarn tenperature of 120o F. 4. Units at or Belaw Grade: A. All windows located at or near ground level used or intended to be used for ventilation, all other openings located at or near ground level, and all exterior doorways which might provide an entry for ac�y insects, rodents, vermin or other pests shall be supplied with adequate screens or such other devices that will prevent their entrance into the structure. B. All sewers, pipes, drains or conduits and openings around such pipes and conduits shall be constructed to prevent the ingress or egress of any insects, rodents, ve�min or other pests to or from a ��jg dwelling. C. Floors, basements, and other areas in contact with the soil shall be rodent-proofed to prevent the entrance of rodents into the structure. 5. Floors, Interior Walls, and Ceilings: Ewery floor, interior wall, anc] ceiling shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be free of holes, large cracks, loose plaster and shall be maintained in a tight weatherproof condition. 6. Stairways, Porches, and Balconies: Every stairway, inside or outside of a dwelling anc] every porch or balcony, shall be kept in a safe condition and �133�: gooc7 repair. 7. Doors Locks and Security: No awner shall occupy nor let to another for occupancy any dwelling or chaelling unit unless all exterior rloors � t�w�el],�ng and dw�elling_y� are equipped with a� functioning dead bolt lock which is capable of being locked fram the exterior. 8. Illumination of Public Halls and Stairways: Every public hall and stairway in every � fij,,p?e family dw i��na residential rental dw�elling and ooridominium shall be adequately lighted by natural or electric light at all times, so as to provide effective illumination in all parts thereof. Every public hall and stairway in dwellings str�ctures containing not more than two dwelling units may be supplied with conveniently located light switches oontrolling an adequate lighting system which may be turned on when needed, instead of full-time lighting. 9. Facilities for Storage and Disposal of Rubbish and Garbage: Every awner of a m1�,��'�.p? �.�ami ly c3we? 1; na residential rental property shall be responsible for providing and maintaining facilities for the storage and disposal of � bi h refuse and garbage, and for arranging for the �cly collection of this material. Tn thp [�aGQ 2f G?ng?P or two 10. Rodent Harborages in Oocupied Areas: It shall be the responsibility of the awner of a c�w�elling to prevent the � � � forn�ation of rodent harborages in or about the premises. It shall further be the responsbility of said owner to prevent the placement or accumulation of materials that may serve as food for rodents in a site accessible to rodents in these areas. 11. Infestation �es � Extermination: The awner of a dwelling shall be responsible for the extermination of p,�.sf,Lvermin any infestations on the prenises. 12. �aw Reno�al: The a�ner of a dwelling shal.l clear all wal,ks, drives, steps of any snaw of 4 or mure inches witivn 24 haurs. S�]C`r'IOld 220.07 H�Y C10�15F�RVATIO[d RDQUIR��S �linnesota Statutes 116H.129 and 2 MCAR 1.16201 are hereby a8opted by reference ana inoorporated. SD(.`rIOiN 220.08 PROVISIONS Ai�D l4AII��II�NCE QF B�SIC SEftVICFS AI�D UrII�ITIES — R4 P�Zffi 1. Plumbi.ng, Heating and Electrical Service: Every owner of a mobile home park shall be responsible for the provision and maintenance of plumbing, heating, and electrical service to each mobile home. A11 utilities shall be constructed, installed and main�ained in accordance with the laws of the State of Minnesota, the reoommendations of the State Health Department, and the orc3inances and requirements of the City. � Fridlev 2. Every public hall and stairway in every mobile gark community building shall be adequately lightec3 by natural or electric light at all times so as to provide effective illumination in all parts thereof. SDCPION 220.09 ]:N�IATE HEAL�, SAL�ETY AL�D WFdFARE HA7.�6 The follawing are considerec] imm�nediate hazards to the health, safety, and welfare f r huma� occ�nan�v: ai the occupant: l. Heating systems that are unsafe due to: burned out or rusted out heat exchangers (fire box); burned out, nusted out or plugged flues; not being pLOperly vented; being connected with unsafe gas �uplies piping; or failing to meet the minimum heating standards set f orth in Section 220.064. 2. Water heaters that are unsafe due to: burned out or rusted out heat exchangers (fire box) ; burned out, rusted out, or plugged flues; not beirig progerly vented; being connected with unsafe gas �id�1i�� piping; or lack of te�nperature and pressure relief valves. 3. Electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other tanporary methods; ungrounded systems or iul.a.r,�undecl appliances. j�,ll ,sontact with the earth. � i. 4. Plumbing systens that are unsanitary due to: Sever Backups; leaking waste systens f ixtures and traps; lack of water closet f lack of wash ing and bathing facilities; or cross connection of ��, potable water supply �,j�h fixt�res or sewage lines. 5. Structural systens, walls, chimneys, ceilings, roofs, foundations, and floor systens, that will not safely carry imposed loac�s. 6: Refuse, garbage, h�m�an waste, decaying vermin or other dead animals, animal waste, or other materials rendering it unsanitary for human occu�xincy. 7. Infestation of rodents, insects, vermin, and/or other pests. S�L'TTIOTi 220.10 FIRE SAFElY 1. Fire Exits: A11 dwellings shall be equipped with fire exits. No fire exit shall be none of which are so far removed fram any dwelling unit or roaning unit or in such condition as to be deened unsafe or dangerous and not fit for the purpose. a. All exit stairways in 1 iT�l c3wellings or oondo�niniums having more than two occupied levels shall be separated from each other by a substantial separation of at least a one hour f ire resistance rating as detailed in UBC Table 43-B, item 76, or other approved one hour assembly. b. All �j,p�.dwellings or oondominiiaas having more than two levels and the lawest level is at an elevation less than grade and having the exit at grade level shall provic3e a substantial barrier oonstructed ana placed so as to prevent a person from proceeding down the stairs to a level lower than the level of exit. c. Every �nartment buildina dwelling or condaminium with 25 or more �j v�. inq dwelling units shall provide eqnergency lighting in the exitways, corricbrs and systems in acoordance with Chapter 5-1021 of N.F.P.A. Std. 101. 2. Automatic Alana a. All multiAle dwellings and conaaminiinns having in excess of four clwelling units shall provide a manually operated ala rm system capable of alerting all the occupants of the structure. Each such ala nn system shall be aetivated by a manual pull station located at each exit c�oor and by an automatic device located in the utilities and/or room in which the heat supply is located. Such device shall be a grod� �_o�' comb �on s�oke detector detecting products of cambustion other than heat; bearing the approval of the Underwriters Laboratories or Factory Mutuals Testing Service for such service, or the International Conference of Building Officials. b. Every c7welling unit within an dwelling, anartm?�1�.,�se lodging house or hotel and every g�,�. roaming unit in a lodging house or hotel usec7 for sleeping shall be provided with a smoke detector detecting products of combustion other than heat and conforming to the requirements of the Underwriters Laboratories, or approved by the International Conference of Building Officials. When actuated, the detector shall provide an alarm in � the dwelling unit or � roaming unit. c. Canpliance with all the provisions of the above shall not be later than January 1, 1980. 3. Fire Protection S�isten All fixe3 an8 portable f ire protection systems anc3 appliances must be accessible and maintained for iitIInediate �nergency use. 4. Prohibiting Inside Connection of External Appliances It shall be unlawful for any awner of any mLl�;p.].e �lwet �� ng residential rental property or ooa�domaniimm to allaw electrical drop cords, extension cords or any electrical wire to run from any electrical outlet fram inside the mLl�;n,�?e dwelling or dwelling unit for service to an electrical appliance outside of a��g dwelling or dw�e].ling unit. :+ � 1 �} 1 �.' ��_� 1� • �. 11 ;r ' a v• • � . - . ,u •�' f• 1 1 1 � To allaw for a systematic enforce�ment of this ordinance upon residential rental property and cond�niniums rent�.l �3we��ngs, no person Qn or _,.,f,�]„�ow�nQ the G�xt��,th aaY a�.er the Qnactment of this ordinance shall operate a rental dwellina residen�ial rental property or condaminium without first having obtainec3 a license to do so from the City of F��d1ev, as hereinafter provided. At the discre�.�,aon of the City Inspe�tor, all �v be�oY��riod 9f less than Qne Xear for the Burnose�f c�rovid�na ,��taqgered li�ensinQ. In all other instances, each such operating license shall be issued anually and shall expire on the anniversary date of issuance. License renewals shall be filed at least 60 days prior to the license expiration date. No operating license shall be issued or renewecl unless the residential rental praperty or corx3amini�n �nta� dw�l�;nq any3 ,j��,premises conforms to the ordinances of the City Fridlev and the Iaws of the State of Minnesota. 1. License Fees: The annual license fee and expiration date shall be as provic3ed in Chapter 11 of the Fridlev City Code. 2. Owner or Agent to Apply: License application or renewal shall be made by the or his legally constituted agent. Application form and subsequently filed with the City Inspector. 3. Resic3ent Agent Required: awner ��Pnta� Ln�t� s may be aoquired from No operating license shall be issued or renewed for a non-resident owner of rental dwelling units (one who does not reside in any of the following Minnesota oounties; Hennepin, Ramsey, Anoka, Carver. Dakota, Scott, or Washington) unless such owner designates in writing to the City Inspector 8 h1 the name of his resident agent (one who does reside in any of the follawing counties; He�nepin, Anoka, Carver. Dakota. Soott, or Washington) who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of notice of violation of the provisions of the City orc]inances, to receive orders and to institute renec3ial action to effect such orc]ers and to accept all service or process pursuant to law. The City Insgector shall be notified in writing of any change of resident agent. This requirement may be wavied if, in the City Inspector's determination, the owner not living in one of the above specified counties, is nonetheless sufticiently accessible for the purposes of this chapter. 4. Agreanent to Allaw Inspection No operating license shall be issued or renewed unless the awner Qf rental units agrees in the application to permit inspections pursuant to Section 220.12 of this chapter. 5. Posting of License: Every licensee o� a rentai dw�e�lLna shall cause to be conspicuously posted in the main entry way or other conspicuous location therein the current license for the respective �s'al dwelling. 6. License Not Transferable: ��other nerson ��thoi��p�o�� of the Citv Counci . No operating license shall be transferable. Every person holding an operating license shall give notice in writing to the City Inspector within f ive business days after before having legally transferred or otherwise disposecl of the leqal control of any licensed ; Qnf-a 1�we ��; n_a property. Such notice shall include the name and address of the person succeeding to the awnership or control of such �,�ntc'�„1 dw*�11;ngs or dwe� i inas residential rental property or o�rx3aminiu�n. 7. License Suspension or Revocation: E�ery operating license issued under tbe provisions of this chapter is subject to suspension or revocation by the City Council should the licensed owner, or the duly authorized resident aqent, fail to operate or maintain the licensed rent��w�llin4s and units residential rental property arx� oon�daminiums therein consistent with the provisions of the codes of the City of F�?dlev and the laws of the State of Minnesota. In the event that an operating license is suspended or revoked by the City Council for just cause, it shall be unlawful for the owner or duly authorizec� age�t to thereafter permit any new occupancies of vacant or thereafter vacated � ciwellinqs or dwelling units until such time as a valid operating license may be restored by the City Council. SD(TIO�N 220.12 ADMIlJLSI'RATIQd The City Ins�tor Manager and/or his designated agents shall administer and enforce the provisions of this chapter and are hereby authorized to cause inspections on a scheduled basis and/or when reason exists to believe that a violation of this chapter has be� or is being coiranitted. � l. Authority: When a City Inspector detezmines that a violation exists, the Inspector's written evaluation of deficiencies shall be considered prima facie evidence in any subsequent litigation of a violation under this chapter. 2. Inspection A�ocess: If any awner, operator, occupant, or other person in charge of a dwelling or dwelling unit ��kile home, fails or refuses to permit free access and entry to the �r�:�.ure dwelling or dwelliux3 unit under that person's oontrol for an inspection pursuant to this chapter, the City Inspector may seek a court order authorizing such inspection. 3. Owner Occupied: If an im�irment should occur in an awner-occupied clwelling that threatens the health, safety, and welfare of the occupants or ac3jacent property awners/renters, and if the im�pairment is a violation of Section 220.09, the City �f Fridley is empowered to exercise the enforcement of this ordinance. `1J � I �� I� r� I ? I'� ��J I� i 1. Whenever the City Inspector determines that any ren�al dwelling or clw�elling unit Qr ,�j t fails to meet the provisions of this chapter. or if any owner-occupied dwelling or c�aelling unit fails to meet the provisions of Section 220.08 "Imanediate Health and Safety Hazards," the City Inspector may issue a compliance order setting forth the violations of the chapter and orc3ering the o�wrier, Qr aaent operator or occupant to correct such violations. This compliance order shall: A. Be in writing. B. Describe the location and nature of the violations of this ordinance. C. Establish a reasonable time for the correction of such violations. D. Be served upon the awner or aaent operator or occupant; such notice shall be deened to be properly served �� sLCh owrser, or ager�t_, if a copy thereof is: (1) Served up�n said g�r,sons�.o� awner, operator or ovcupant (2) Sent by mail to the last knoHm address, or (3) Upon failure to effect the oo�a�Iiance order �.].S� through a or b as set out in this section, said order will be posted at a conspicuous place in or about the affected dwelling or dw�el.ling unit. 2. Penalty for Violation of Code Failure to meet the requireqnents of the compliance order is a violation of this chapter and a misd�neanor, and is subject to all penalties provic7ed for such violation under the provisions of Chapter 901 of the Fridley City Code. Each day the violation continues in existence shall be deemed a separate violation. '+? �1 M !_ � 1 : I'r1 • t! ? �+�;r. When a violation of Section 220.09 of this peril to life, health, safety or property, im�nediate compliance, and if neoessary tak that life, health. safety or property. SFX.TION 220.15 �IT FOR HtI�lAN ffi�1BIT1��t�i chapter oonstitutes an im�nin�t the City Inspector may require e appropri.ate action to protect 1. Declaration: Any dwelling. dwelling unit, or roaming unit or m�bile ome , which is damaged, decayed, dilapidated, unsanitary, unsafe, i.nfested, or which lacks provision for illumination, ventilation, or sanitary facilities to the exte�t that the defects create a hazard to the health. safety, or welfare of the occupants or of the public, may be declared unfit for human habitation. Whenever any dwelling, dwelling unit, or rooming unit .Q1- mob��e home. has been declared unfit for human habitation, the City Inspector shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation and any operating license previously issued for such �],],ii1g or dwelling unit shall be revoked. 2. Vacated Bu�-1,��'na_ Dwelling: It shall be unlawful for a vacant dwelling, dwelling unit, or mo�ile home roaming unit. which has been declared unfit for human habitation as provided in Subdivision 1 above, to be used for hwr�an habitation until the defective conditions have been corrected and written approval has beati issued by the City Inspector. It shall be unlawful for any person to deface or remove the c]eclaration placard fram any such dwelling, dwelling unit or m2bil hom� rooming unit. 3. Secure Unfit and Vacate8 Dwellings: the owner of any dwelling, dwelling unit, or mQbile hom� roomi.ng unit which has been declared unf it for human habitation, or which is otherwise vacant for a period of 60 days or more, shall make same safe and secure so that it is not hazardaus to the health, safety or welfare of the public and does not constitute a public nuisance. Any vacant dwelling, dwelling unit, or rooming unit open at doors or windows, if unguarded shall be deemed to be a hazard to the health, safety, and welfare of the public and a public nuisance within the meani.ng of this chapter. 4. Hazardous Building Declaration: In the e dw�el.ling unit or rooming unit has been declared �u and the owner has not ranediec3 the defects within time, the dwe>>ina then it may be declared a treated consistent with the provisions of Section Statutes. vent that a dwelling, �fit for human habitation a prescribed reasonable hazardous building and 463.15 of the Minnesota I J►�JrI •. �' •• '1' • M' � `�1 �ti• ' 1 i ' I �i �' Upon failure to comply with a oompliance order appeal having be� taken, the City Council may cited deficiency to be renedied as set forth ' cost of such remedy shall be placed against th be levied and collected as a special assessmen Mirinesota Statutes, Chapter 429. 220.17 RIf� OF APPFAi. within the time set and no , by resolution, cause the in the compliance order. The e subject property and may t in the manner provided by . � When it is allegecl by any person to wham a compliance order is directed that such compliance order is based upon erroneous interpretation of this chapter, such person may appeal the compliance order as provided under Chapter 6.14 of the Fridley City Code. The filing of an appeal shall stay all proceedings, unless such a stay would cause imaninent peril to life, health, safety or property. `I:��1 �,� � ��'��_� �� ..,�I�;�:1�� Anyone securing an interest in the dwelling, dwelling unit or roomirg unit mQbile home which has receivec7 a violation tag or oompliance order shall be bound by same without further service of notice upon hi�/her and shall be liable to all penalties and procedures by this chapter. pASSED AND ADOPTID BY TfiE CITY OOiJNCIL OF THE CITY OOUNCIL OF THE CITY OF FRIDLEY TEiIS UAY OF , 1982 WILLIAM J. I�E - MAYOR ATTEST: SIDNEY C. II�Il`�IAN - CITY CLF�2K First Reading : Second Reading: Publish: 3/11 . . �� %1' � ��\ � � � � � � � �. , �,•�, +r '� , .r POLICE DEPARTMENT City of Fridley Minnesote IDATE JANUARY 27, 1982 IFROM PUBLIC SAFETY DIRECTOR, J.P.HI SUBJECT PROPOSED ORDINANCE FOR SAUNAS AND MA5SAGE PARLORS MEMORANDUM TO NASIM QURESHI � ACTION INFO X Enclosed you will find a proposed ordinance for saunas and massage parlors in the City of Fridley. The ordinance was drafted after a review of similar ordinances in Edina; Richfield; Brooklyn Center; Faribault; New Brighton; Coon Rapids; Anoka and St. Louis Park. The major portion of Fridley's proposed ordinance is drawn from Brooklyn Center and Richfield. Copies of the Fridley draft ordinance have been reviewed by Public Works, City Clerk, City Attorney, City Prosecutor and the Police. Co;nments have been received and appropriate changes have been made. It is requested that the ordinance now be forwarded to City Council for consideration and first reading. At the February 1, 1982 Council meeting. JPH/sa gA o�n� rA. - 19s2 � p�� C�APPER 125 OF THE FRIDL6Y CITY OO�E ENTITLED SAONAS AND MASSAGE PARLORS; RF��iTII�� 7�E �ERAZ'I�T AI�D 1�IAII�1'f�E OL� SADNA.S AlO �IASSi�E pAlapRS, RFJ�pIRII� A LICENSE T� OPERATE SOCH FACILITIES AND ESTABLISHING STANDARDS FOR THS �1SRT�GZ'I�1, Al�OI�ITIQ�i► �IIJPII�NCE ArID OPERATION OF S'�C�i FACTr.rrr� The City Council of the City of Fridley does ordai.n as follaws: SDCTIO�N 125.01 STATIIKII�IT OF POLICY The City Council of the City of Frildey c:onsiders it necessary to provide for the special express regulation of businesses or corrm�ercial enterprises of the type subject to licensure in this Ordinance in order to protect the public health- safety and welfare and to guard against the inception and transmission of disease. The City Council also finds that control and regulation of commercial establishments of these types, in view of the abuses often perpetrated, require intensive efforts by the Police Department, Public Health Sanitarian anc3 other departments of the City. As a consequence, the concentrated use of City services in such control detracts from and reduces the level. of service available to the rest of the community and thereby di.minishes the ability of the City to promote the general health. welfare, morals and safety of the community. In consideration for the necessity on the part of the City to provide numerous services to all seg�ments of the comarn.mity, without a concentration of public services in one area working to the detriment of the members of the general public, the number of sauna and massage parlor licenses which may be in force at any one time shall be two, for comir�ercial businesses. SDCTION 125.02 DEFINITIONS As used in this Ordinance the terms defined shall have the meanings ascribed to thezn- 1. "Sauna" means and includes a steam bath or heat bathing room used for the purpose of bathing, relaxing or reducing, utilizing st eam or hot air as a cleaning, relaxing or reducing agent. 2. "Massage" means the rubbing, stroking, kneading, tapping or rolling of the body of another with the hands for the exc lusive purpose of physical fitness, relaxation, beautification and for no other purpose. 3. "Masseur" means a male person who practices or administers massage. 4. "Masseuse" means a female person who practices or administers massage. Page 2— Ordinance No. - 1982 5. "Certificate" as used herein means a certificate issued by the City authorizing the holder thereof to practice or administer massage in the City of Fridley. 6. "Massage Parlor" means any premises at or in which massage is performed. The practice of massage is hereby declared to be distinct fran the practice of inedicine, surgery, osteopathy, chiropractic, physical therapy, or pediatry and persons duly licensed i.n this state to practice mec�icine, surgery, osteopathy, chiropractic, physical therapy, or pediatry, nurses who work solely under the direction of such persons, athletic directors anc7 trainers are hereby expressly excluded from the provisions of this section. Beauty Culturists and barbers who do not give, or hold themselves out to give, massage treatments, as defined herein, other than is customarily given in such shops or places of business, for the purpose of beautification only shall be exenpt from the provisions of this section. SDCTION 125.03 LICIIJSE ADID CEI2TIFICATE REQTJIRED 1. No person shall engage in the business of operating a sauna or massage parlor either exclusively or in connection with any other business e�terprise without being licensed as provided in this section. 2. No person shall hold out any establishment as providing sauna or massage services unless such establishment is licensec7 as provided in this section. W'henever any establishment ceases to be licensed as a sauna whether through the suspension, cancellation, revocation, non-renewal or lapse of its license, its awners shall imanediately remove fram public view any sign or display which identifies the establisi�ment as being a sauna or massage parlor or as offering sauna or massage services. SDCTI0�1 125.04 OQN�EN15 OF APPLICATION FOR LICF�ISE Application for license shall be made only on the forms provided by the City Manager. Four complete copies of the application shall be furnished to the office of the City Clerk containin9 the address and legal description of the property to be used, the names, addresses and phone numbers of the owner, lessee, if any, and the operator or manager, the name, address and telephone number of two persons, who shall be residents of Anoka County and who may be called upon to attest to the applicant's, manager's or operator's character; whether the applicant, manager or operator has ever been convicted of a crime or offense other than a traffic offense and, if so, complete and accurate information as to the time, place and nature of such crime or offense including the dispos ition thereof; the names and addresses of all creditors of the applicant, owner, lessee, or manager insofar as and regarding credit which has been ext�ded for the purposes of constructing, equipping, maintaining, operating or furnishing or acquirin9 the premises, personal effects, equipment or anything incident to the establishment, maintenance and operation of a massage parlor or massage establishment. If the agplication is made on behalf of a corporation, joint business venture, partnership or any legally constituted business association, it shall submit along with its application, accurate and complete business records showing the names and addresses of all individuals having an i.nterest in the business, including • � Page 3— Ordinance No. — 1982 creditors turnishing credit for the establishment, acquisition, maintenance and furnishing of said business and, in the case of a corporation, the names and addresses of all officers, general managers, members of the board of directors as well as any creditors who have ext�ded credit for the aoquisition, maint�ance, aperation or furnish ing of the establisYunent includi.ng the purchase or aoquisition of any itens of personal property for use in said operation. All applicants shall furnish to the City, along with their applications, complete and accurate documentation establishing the interest of the applicant and any other person, having an interest in the premises upon which the building is proposed to be located or the furnishings thereof, personal property thereof, or the c�peration or maintenance thereof. Documentation shall be in the form of a lease, deed, contract for deecl, mortgage deed, mortgage credit arrangement, loan agreements, security agreements and any other c3ocwnents establishing the interest of the applicant or any other person in the operation, avquisition or maintenance of the enterprise offering a massage. The application shall also contain blueprints, diagrams, plans, layouts and the like showing the construction, revision, remodeling, alteration or additions of or to the premises and specifically showing the layout, design and arrangement of the bathing and restroam facilities and the size and type of equipment and facilities to be used. SDCTION 125.05 OONrF33�TTI5 OF APPLICATION F�OR CF�1'IFICATE Application for a massage certificate sha11 be made only on forms provided by the City. The application shall contain the following information together with any other information the City may require: 1. Ewidence of the applicant's education qualifications, including originals or certified copies of degrees, diplomas or certificates, if any. 2. Evidence of applicant's practical qualifications to practice massage. 3. Evidence that the applicant is of good moral character. 4. The names and ac3dresses of two persons, residents of Anoka County, who may be referred to as to the applicant's character. 5. Whether the applicant has ever been convicted of a crime or offense other than a traffic offense, and if so, information as to the time, place and nature of such crime or offense. 6. Evidence in the form of a current certificate from a licensed ghysician practicing in Minnesota indicating (a) that within the past 30 days the physician has exaQnined the applicant, and (b) that such examination was for the purpose of determining whether applicant had any communicable disease and (c) that as a result of such examination he believes that applicant is not suffering from any communicable clisease which would disqualify the applicant from engaging in the practice of massage. 9C Page 4— Ordinance No. - 1982 SDCPION 125.06 LICF��TSE FEE, LICII�ISE INVESTIGATI(7rT FEE Ai�ID LICE�TSE YEAR T'he annual license fee and license year shall be as set forth in Chapter 11 of the City Coc7e and the investigation fee for the purposes of issu ing a license is One Thousand Five Aundred Dollars ($1,500). The license fee and fee for the investigation of the license shall be paid when the application is filed. In the event that the application is denied or the license, once issuec7, is revoked, cancelled or surrendered, no part of the annual license fee and investigation fee the issuance of a license shall be returned to the applicant unless by express action of the City Council. A separate license shall be obtained each year for each place of business. The licensee shall display the license on a prominent place in the licensea premises at all times. A license unless revoked, is for the calendar year or a part thereof, for which it has been issued. The fee for the investigation for issuance of a license must be tendered with each new application for a license and must also be paid at any time when there is a propased change of awnership or reapplication for a license wherein additional or different parties other than the original licensee and interested parties are proposing to be licensed. A license for the operation of a massage parlor is nontransferable. SD(.TION 125.07 CERTIFICATE FEE� CE�IFICATE INVFSrIGATION FEE Ai�ID �- CERTIFICATE YEAR Ttie annual certifica�e fee and certificate year shall be as set forth in Chapter 11 of the City Cocle and the investigation fee for purposes of issuing a certificate is One Hundred Dollars ($100). The certificate fee and fee for investigation for the certificate shall be paid when the application is filed. In the event that the application i� a��ea or that the certificate, once issued, is revoked, cancellec3 or surrendered, no part of the annual certificate fee and investigation fee for the issuance of a certificate shall be returned to the applicant unless by express action of the City Council. A separate certificate shall be obtained each year for each place of business. The certificate holder shall display the certificate on a prominent place in the licensed premises at all times. A certif icate, unless revoked, is for the calendar year or a part thereof, for which it has been issued. The fee for the investigation for issuance of a certificate must be tendered with each new application for a certificate and must also be paid at any time when there is a proposed chanqe of ownership or reapplication for a certificate wherein additional or different parties other than the original certificate holc3er are proposing certification. A certificate permitting the holder thereof to practice massage is nontransferable. SDCTION 125.08 GRANPING OR DIIJIAL OF LICII�TSES AI�ID CERTIFICATF� License applications shall be reviewed by the Police Department, Planning Department, Health Officer and such other departments as the City Manager shall dean necessary. The review shall include any inspection of the premises covered by the application by the Health Officer, Inspection Division and Fire Department to determine whether the pranises conforms to all applicable coae requirements. Recommendations shall be made in writing to the City Manager. Thereafter, licenses shall be granted or denied by the City Manager subject to the provisa.ons of this section. The applicant may appeal to the City Council from the Manager's decision. Q � Page 5— Ordinance No. - 1982 SDCTIO[J 125.09 OO�I�IDITIONS CWF�IING ISSUANCE OF LICENSE l. No license shall be issued if the applicant or any of its owners, lessee managers, enployees or agents is a person of bad repute. 2. Licenses shall be issued only if the applicant and all of its owners, lessee managers, enployees and agents are free of oonvictions for offenses which involve moral turpitude or which relate directly to such person's ability, capacity, or fitness to perform the c3uties and discharge the responsi.bilities of the licensed activity. 3. Licenses shall be issued only to applicants who have not, within one year prior to the date of application, bepn denied licensure; or who have not within such period had its license revoked. 4. Licenses shall be issued only to applicants who have answered fully all of the information requested in the application, have paid the full license fee and have cooperated with the City in review of the application. 5. A license shall be granted only if an applicant is 18 years of age or older. 6. Licenses may be granted only for locations in the general shopping center districts (C-2S) of the City. 7. Licenses may be granted only to establishments which can meet the safety, sanitary and building code requirements of the City. 8. A license shall not be granted if granting the license (a) would be inconsistent with the comprehensive development plans of the City, or (b) would otherwise have a cletrimental effect upon other property or properties in the vici.nity. SF3CTION 125.10 COI�IDITIONS GdV�TING ISSZIANGE OF CERTIFICATE 1. Certificates shall be issued only to persons of good repute anc] persons who are in good health and free from any communicable diseases which would disqualify the applicant from engaging in the practice of massage. 2. Certificates shall be issued only to persons free of convictions for offenses which involve moral turpituc3e or which relate directly to such person's ability, capacity, or fitness to perform the duties and discharge the responsibilities of the occupation. 3. Certificates shall not be issued to persons who have, within one year prior to the date of application, beez denied certification; or who have had his or her certificate revoked or surrendered in or by any political subdivision, municipality or by the State of Minnesota. 4. Certificates shall be issued only to applicants who have fully and truthfully answered all of the inforn��ation requested in the application, have paid the full certificate fee and certification investigation fee. 5. Certificates shall be issued only to persons 18 years of age or older. 9E Page 6-- Ordinance No. — 1982 SDCPION 125.11 RES'PRICTIONS AI�ID RDGUTATIONS 1. No licensee shall employ any person as a masseur or masseuse without first insuring that said employee possesses a valid certificate for the ac�ninistration or practice of massage. 2. The license premises shall not be open or in operation between the hours of 11:00 p.m. and 8:00 a.m. on the succeeding day nor shall any person engaged in the practice of massage be on said premises or perform any massage or administer any such services between the hours of 11:00 p.m. and 8:00 a.m. on the succeeding day. 3. The licensee, masseuse, or masseur and any persons in their employ or ag�ts or officers thereof and any and all persons with an interest in said business shall oomply with all applicable ordinances, regulations and laws of the City of Fridley, the State of Minnesota and the United States Goverrunent. 4. If the licensee is a partnership or corporation, the applicant shall designate a person to be manager and in responsible charge of the business. Such person shall remain responsible for the conduct of the business until another suitable person has beai designated in writing by the licensee. The licensee shall promptly notify the police de�partment in writing of any such change indicating the name, address and telephone number of the new manager and the effective date of such change. 5. The licensee shall permit and allow the inspection of the premises during business hours by any and all appropriate City eaployees and ag�ts. 6. The licensed pre�mises must be kept and maintained in a sanitary condition defined as being free from the vegetative cells of pathogenic mircroorganisms an8 all equipment, personal property, tables, beds, towels, clothing and the like used in or for the purpose of massage shall also be maintained in a sanitary condition as aefined herein. 7. Any person acting as a masseur or massuese shall have his or her certificate displayed in a promi.nent place at his place of employment and upon c3enand by any police offioer or other authorized offioer or agent of the City of Fridley, any person engaged in practicing massage shall identify himself or herself giving his or her true legal name, correct address and phone number. 8. No person under 18 years of age shall be permitted upon or allowed to be employed or to serve in any establishment licensed under the provisions of this ordinance. 9. Any person practicing massage within the City of Fridley shall initially advise the City of his or her address and telephone number and shall further advise the City of any changes in address or telephone number within thirty (30) c3ays of such change. 10. Any person practicing massage within the City may do so only at prgnises which are licensed for the conduct of such business as herein provided and further any person practicing massage shall inform the City of any changes in �nployment or the location of his employment within the City within seven (7) days after such change. A F Page 7— Ordir�ance No. - 1982 11. It is unlawful for a massuer to practice massage upon any person exce�t a male and for a massuese to practice massage on any person except a fenale. 12. Any masseur lower parts of non-transparent or masseuse practicing massage shall have the upper and his or her body covered and completely clothed by a uniform at all times. 13. E�ery person to whom a certificate is issued shall appear personally at the Police Department to receive delivery of the certificate and upon such appearance shall be pY�tographed and fingerprinted for identification purposes. ane copy of the photographs shall be pernianently affixecl to the certificate and a seoond copy thereof shall be kept in the f iles of the Police De�artment. 14. Each licensee shall keep on the licensed premises and for each licensea premises an occupancy or guest register which shall contain the true correct name, adress and phone number of each patron of the licensed prenises. Each licensee, his employees, massuers, massueses, or agents of them shall require each patron to identify himself by such sufficient identification showing the true correct name, address and phone number of said patron. The occupancy register or guest register shall be maintained on the licensed pranises and open for inspection by officers, employees and agents of the City of Fridley, the State of Minnesota or the United States government and must be maintained for a period of not less than tw�o years. 15. Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers. SDC,TION 125.12 OO�NSTRUCPIO�N AND MAINrII�E RDQUIRF�I�S 1. Each licensed premises shall have a separate restroam, locker roam and showers for members of each sex. 2. All massage rooms, restrooms and bathrooms used in connection therewith shall be constructed of materials which are impervious to moisture, bacteria, m�ld or fungus and shall be maintainecl in a sanitary condition defined as being completely free from the vegetative cells of pathog�nic microorganisms. The floor-to-wall and wall joints shall be constructed to provide a sanitary cove with a minimum radius of one inch. All equipment, personal property, beds, towels, clothinq ancl the like used in the massage parlor shall be of a sanitary design and kept in a sanitary condition. 3. All restrooms shall be providecl with mechanical ventilation with two efm per square foot of floor area, a hand washing sink equipped with hot and cold running water under pressure, sanitary towels and a soap dispenser. 4. Each licensed premises shall have a janitor's closet which shall provide for the storage of cleaning supplies. Such closet shall have mechanical ventilation of two cfm per square foot of floor area. Such closet shall incluc3e a mop sink. 9G Page 8— Ordinance No. — 1982 5. All rooms in the licensed premises incluaing but not limited to sauna rooms, massage roams, restrooans, bathroo�ns, janitor's closet� hallways and reception area shall be illuminated with not less than thirty foot candles of illumination. 6. Floors, walls and equipnent in massage roams, restroans and bathrooms must be kept in a state of good re�pair and sanitary at all times. Linen and other materials shall be stored at least twelve inches off the floor. Clean tawels, wash cloths and linens moust be available for each customer. 7. Individual lockers shall be made available f or use by patrons, with each locker having segarate keys for locking. $. Such licensed prenises shall provide adequate refuse reoepticles which shall be �nptied as often as required. 9. T'Y�e cloors to the inc7ividual massage rooqns shall not be equipped with any locking cievice nor shall they be blocked or obstructed from either side of the door. 10. Main entrance doors to the prenises and all inner doors to roams that contain customers shall be unlocked at all times during business hours. S�CTIOiN 125.13 HEAL7A A1�ID DISEASE C�ONi'ROL No person while afflicted with any disease in a communicable form or while a carrier of such disease or wounds, sores or any acute respiratory infection shall work in or use the services of any public massage roam and no person known or suspected of being afflicted with any such disease or conc�ition shall be eqnployed or permitted in such area or capacity. S�CTION 125.14 REVOCATION, SUSPENSION OR N�NRE�IEWAL OF LICII�ISE The license may be revoked, suspended or not renewed by the City Council upon reoo�anendation of the City Manager by showing that the licensee, its owners, managers, employees, age�ts or any other interested parties have engaged in any of the follaaing conduct: � - 1. Fraud, deception or misrepresentation in connection with the securing of the license. 2. Habitual drunkeness or int�nperance in the use of druqs incluc7ing but not limited to the use of drugs, defined in Minnesota Statutes, Section 618.01, barbituates, hallucinogenic drugs, amphetamines, benzedrine, dexec3rine or other sedatives, depressants, stimulants or tranquilizers. 3. Conduct inimical to the interests of the public health, safety, welfare and morals. 9N Page 9— Ordinance No. – 1982 4. Engaging in conduct involving moral turpitude or permitting or allawinq others within their employ or aqency to engage in conduct involving moral turpitude or failing to prevent agents, officers or enployees in engaging in conduct involving moral turpitude. 5. Failure to fully co�ly with any requirements of the orclinances of the City of Fridley regarding sanitary and safety conditions, zoning requirements, building code requirements or ordinances, the violation of which involves moral turpitude, or failure to comply fully with any requirements of this ordinance. 6. Conviction of an offense involving moral turpitude by any court of competent jurisdiction. 7. Engaging in any conc7uct which would oonstitute grounds for refusal to issue a license therein. - The licensee may appeal such suspension, revocation or nonrenewal to the City Council. The Council shall �onsider the appeal at the next regularly scheduled Council meeting on or after t� days from service of the notice of appeal to the City Manager. At the conclusion of the hearing, the Council may order: • - 1. That the revocation, suspension or nonrenewal be affinr�ed. 2. That the revflcation, suspension or nonrenewal be lifted and that the certificate be returned to the certificate holder. 3. Tl�e City Council may base either suspension or certificate upon any adc3itional terms, conditions which they may, in their sole discretion, impose. SDCTION 125.16 PROHIBITID A(.'TS issuance of the and stipulations No employer shall employ a person to practice or administer massage nor permit, suffer or allaw a person to practice or ac7�ninister massage unless that person has been granted a valid certificate pursuant to this ordinance and every employer shall require that the certifications be prominently and openly displayed on the prenises in plain view. SDCTIO�N 125.17 LIABILITY FOR CRIMES OF AtiOTHER Every person who corranits or attempts to commit, conspires to commit or aids and abets in the cammission of any act constituting a violation of this ordinance or any act. which constitutes an amission and, therefore, a violation of this ordinance, whether individually or in connection with one or more persons or as a principal, agent or accessory, shall be guilty o£ such offense and every person who falsely, fraudulently forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this chapter is likewise guilty of such offense. �I � Page 10 — Ordinance No. - 1982 � � SElCTION 125.18 SEPARABILITY Every section, provision or part of this ordinance is declared separable from every other section, provision or part to the extent that if any section, provision or part of the ordinance shall be held invalid, such holding shall not invalidate any other section, provision or gart thereof. SDCPION 125.19 PE�IALTIFS Whoever does any act forbidden by this ordinance or omits or fails to do any act required by this ordinance shall be guilty of a misdaneanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of the Fridley City Code. PASSID ADID ADOPTID BY �iE CITY OOfJNCIL OF ZHE CITY OF FRIDLEY THIS D�Y OF , 1982 � WILLIAM J. �E - MAYOR ATTEST: SIDNEX G I1�N - CITY CLERR First Reading : Second Reading: Publish : /�� h� �\\ � � � �� ,•�, +► �;, .r POLICE DEPARTMENT City of Fridiey Minnesota DATE JANURRY 20, 1982 FROM pUBLIC SAFETY DIRECTOR, J.P.H SUBJECT PROPOSED FEES FOR SAUNAS AND MASSAGE PARLORS MEMORANDUM TO NASIM QURESHI 10 ION INFO X Attached you will find the proposed fees for saunas and massage parlors should City Council desire to pass the proposed ordinance regulating this type of business. The proposed fees are the same as required in the City of Brooklyn Center. By contrast, the City of Richfield charges $1500 for business operation and $40 for employee certificates. JPH/sa •:••� � �. �,. , � � orain� �a�un'x c�i's� u a� ��E FRmiii cr� aoo�+ Frrrrrt� �ca�sFS r�t� �zs; sst �n� r1ca�.sE rre�s P+o�t THE OPERATION Ai�ID MAII�IIdANCE OF SADNAS AND !lASSAGE pp�HIDRS, A�D BY ADDII� CERTIFICATE FEES �0 PRACTICS OR ADMIlZLS'1FR M�LSSi�GE IN �E CI'1Y OF' FRIDIEY THE CITY OOUNCIL OF THE CITY OF FRIDLEY DOES ORA�IN AS FOLI�15: That Chapter 11 of the Fridley City Code entitle "Licenses and Permits" be a�iended by adding the following fees: OODE SUBJ�T: FEE: 125 Saunas and Massage Parlors $3,000 (operation and maintenance) 125 � Saunas and Massage Parlors (enployee massage practice certificate) $ 50 Each PASSED AND ADOPTID BY THE CITY OF FRIDLEY TFIIS AAY OF , 1981 AZ'I'FST: SIDNEY C. II�Ilyl�N — CITY CI,ERR First R�eading: Second Reading: Publish: � WILLIAM J. NEE — MAYOR 10 A TME CITY OF FR�� DATE FROM D.P. SUBJECT DIRECTORATE 0 F PUBLIC WORKS Moore Lake Restoration Project ��. . r ` � � • T�� ; • ` • �r . — - .,,.�•� TO 1.0 � � c 11 MEMORANDUM ACTION� INFO• I have just received a letter from Hickok and Associates, Inc. which in- dicates that Federal funds fiave been appropriated in the Clean Lakes Grant Program for 1982. These funds can be used to complete or continue existing projects under contract. . The State of Minnesota has not, at tf�is time, identified matching funds for the Clean Lakes Program. In the original plans for the restoration of Moore Lake, it was consi- dered to contral the aquatic growth of the east basin of Moore Lake with an aqua screen and/or sand covere The 1978 estimate for this work was $253,000. I would assume that we could look at a 1982 price of approxi- mately $300,OOOe If it is desired to submit this project for Clean Lakes Grant monies, and it is approved by the EPA, we could expect 50� funding, leavin9 approxi- mately �150,000 to be funded by the City; or $75,000, should the State appropriate matching funds for this program. Request the City Council consider the need to control the aquatic growth in the east Moore Lake basin and determine if an application should be made for Federal funding of this project. If it is determined that we should proceed with this ap- plication, we should notify Hickok and Associates immediately so that the project documentation could be submitted early. At this point in time, $150,000 appears to be an excessive amount for the City to pay; but by the same token, this may be our last chance to obtain participating funds from any other source. JGF:ijk 11 A 545 Indian Mound Wayzata, Minnesota 55391 (612) 473-4224 January 14, 1982 Mr. John Flora Director of Public Works 6341 University Avenue NE Fridley, Minnesota 55432 Re: Moore Lake Restoration Project Storm Sewer Diversions Dear John: : �. � � �� I have been in contact with Mr. Tom Sinn, MPCA, regarding the status of the Environmental Protection Agency's Clean Lakes Grant Program for fiscal year 1982. Past discussions with Washington have indicated that the entire Clean Lakes Grant Pro�ram would be scrapped for FY 1982 with no monies being allocated. While the entire program may be scrapped, those projects currently under contract, such as the Moore Lake Restoration Project, are not affected and will continue until completion. Mr. Sinn has informed me, however, that Washington has appropriated $9 million for FY 1982. These appropriations are earmarked for projects presently under contract thus excluding any new grant funded projects. Theref ore, the Moore Lake Restoration Project qualifies for these additional appropriations providing the EPA and r1PCA agree that any additions to the pro ject are deemed beneficial and within the Clean Lakes Grant Program Guidelines. With this in mind, it appears that Phase II of the Moore Lake Restoration Project (aqua screen and/or sand for the east basin) may be eligible for funding under the FY 82 appropriations. In essence, any additional work to the contract, such as Phase II, would be 50% f unded by EPA. The additional 50� would need to be funded by the City of Fridley since the State of Minnesota has not (at this time) appropriated matching funds. In the event the State appropriates matching funds, then the City's share of the costs would be 25�• E�:g°n° A. Hickck and Associates, inc. Mr. John Flora Page Two January 14, 1982 As of this writing, I have not established any cost estimates for the Phase II work, however, I will do so shortly. It is well to indicated a costh ofp$253m000rf orrthe Phaseclliworkr�pObvious1y978 this cost estimate will need to be reviewed and updated to reflect current•construction costs. I will keep you f rom either EPA questions and/or Sincerely, advised of any additional information I receive or MPCA regarding this matter. If you have any comments please feel free to contact me. EUG NE A. HICKOK AND ASSOCIATES � �� eorge W. Boyer, P.E. Vice President bt 11� � � City of Fridley CHARTER COMMISSION MEETING TUESDAY, NOVEMBER 10, 1981 PAGE 1 CALL TO ORDER: Chairman Ash called the Charter Commission meeting of November 10, 1981, to order at 7 :40 p. m. ROLL CALL: Members Present: Clifford Ash, David Schaaf, Robert Peterson, Francis van Dan, Robert Schmidt, David Pinks, Pat Kindom, Bruce Nelson Members Absent: Jean Schell, Walt Starwalt, Larry Commers, Bob Pierce, Peter Treuenf els, Irene Maertens, Susan Jackson Others Present: William Hunt, Administrative Assistant to City Manager APPROVAL OF MINUTES OF OCTOBER 6, 1981 MOTION by Mr. Nelson, seconded by Mr. Peterson, to approve the Charter Commission minutes of October 6th, 1981, as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN ASH DECLARED THE MOTION CARRIED UNANIMOUSLY. �� INTRODUCTION OF WILLIAM HUNT, ADMINISTRATIVE ASSISTANT Mr. Ash introduced Mr. Hunt, Administrative Assistant to the City Manager, Nasim Qureshi, appointed by Mr. Qureshi, as a liaison to the Charter Co�ission because this Commission is the only Counnission without a staff person and he felt it was important that there be a representative of City Hall to keep abreast and offer staff support. Mr. Hunt in turn introduc ed Patricia Von Mosch, the new Recording Secretary. SUB-COMMITTEE REPOP.T: Mr. Ash reported that the principle question before the Commission concerning item 6.01 is that the City Manager is appointed for an indefinite period and may be removed by City Council at will anytime up to one year. After one year, the only �way the Council can remove the City Manager, if the City Manager objects, is by filing charges and having a hearing. It is possible, and it has happened in neighborhing communities, that the City Manager can become a"political" item and a number of people may want the City Manager removed. It is very difficult, at this point, for the Council to remove the City Manager without filing cause. The questions become: Should the City Council be given the right to make the City Manager serve at their will? What protection should the City Manager have in this case? There being no one present from the Committee, Mr. Ash asked for volunteers to research past minutes and gather information as a startiig point for debate. Mr. Peterson and Mr. Nelson indicated an interest and Mr. Ash appointed Mr. Peterson as Chairman. AFFIRMATIVE ACTION STATEMEI3T: Mr. Ash indicated that a memorandum dated October 21, 1981, had been received from Mr. Hunt on the draft of the affirmative action statement for the City Charter. He referred to the debate in the October 6, 1981 minutes which said that a draft of the f irst aff irmative action statement had been sent to the Charter _Commission's attorney, and, as far as he knew, no reply had been received. 12 A Charter Commission r�eeting - Tuesda�r, November 10. 1981 Page 2 Mr. Hunt commented that the affirmative action statement is really not a statement at all� although Fridley was one of the first cities in the State to have an Affirmative Action Frogram approved by the appropriate state bodies. He further stated the.t a definition of affirmative action he heard as "preferential hiring of women and mihorities as a remedy for past discrimination" xas a good capsule sts.tement as put into the area of hiring. He has drafted a policy statement but feels, personally, that it doesn•t belong in the City Charter. Mr. Ash indicated that Mr. van Dan expressed an interest in redrafting something for the Cha.rter Corrnnission's consideration just putting into the Charter a statement of philosophy or general statement indicating there should be an affirmative action program. After discussion, it was decided Mr. van Dan should have some specific language prepared in order to address and either take action or table the affirmative action issue by the December 1� 1981� meeting of the Cha.rter Commission. Hopefully, the information from the attorney xill also be received by tha.t time, It was further proposed that Mr. van Dan have a draft prepared and distributed to the Charter Commission's attorney and members before the December meeting to facilitat deliberation and resolution of the issue. tir. Ash understands that rlr. van Dan and the Human Resources Department are in the process of drafting something at the present time. REDISTRICT�IG t Nr. Ash next referred to the October 22, 1981� memorandum of Mr. Inman on redistricting in conjunction with a possible Charter change to revise the time period the City has to redistrict. Mr. Ash summarized by saying that Section 2.03 of the Charter says substantially two things. The Charter gives the council the power to redo the wards as often as they see fit� but,as a minimum those who drafted the Cha.rter felt it important to make the wa,rds equal and required the Council do so in two years or not �et_paid. The drawin.� of wards has a history of debate and the Charter Commission aslced the Administration and Council if 2.03 should be revised to give them authority to set up a committee to do it for them. They responded that they didn't want to do this. The next issue, two years is a long time. The main debate� it is felt, should be done sooner since the census is official and the clock is running. Mr. Ash then referred to a Ietter from r;r. Vir�il Herrick, City Attorney� dated April 8� 1981. which although it doesn't give a specific date, does say that the City�must rezone within two years after official certification of the 1980 census which could begin an�y time after January 1� 1982. The real question being, is two years after it is made official too long a period? Unofficia.l figures show that Ward I needs to gain 1440 voters and Ward II needs to lose 1700, indicating that the Wards are obviously not appropriately represerr'�j•ed. N:r. Ash indicated tha.t the task is real],y a short-term pro ject once started. Mr. Peterson felt it should be keyed to a very short time after state re- apporitionment and then the City Council would have to act quickly after that. 12B Charter Commission Meeting - Tuesday, November 10� 1981 Page 3 Mr. Ash followed by stating that there is a one-thard difference betw�een the xards, one being at 8600 and one at almost 12�000� so concurred with Mr. Peterson. Mr. Nelson felt there should be some guidelines before the filing process begins so as not to change in mid-stream and possibly influence the election process. Mr. Peterson then said he felt it should be set up so redistricting �as accomplished a certain deadline ahead of filing date so that tbe "two" election would be run it� the new wards. Mr. Schaaf reiterated by saying reapportionment shall be done so as to effect the boundaries for the "two" election. Mr. Hunt inquired as to the state or federal requirements on fairness in variance within the population of a district. Mr. Schaaf respo�ded with plus or minus 2� to 3�i or, as N•r. Peterson said it would be a 6� differential betwe�an the highest and lowest making Fridley's variance of 8,000 to 12,000 too great. Mr. Ash indicated at this time that the options on redistricting were to table it indefinitely and leave it as is or to put it on next month's agenda and continue to debate until someone makes a motion to do something definitte. Nir. Eink� expressed some concern over the fact tha.t the issue has been discussed for quite a while and it could become less important as we get further away from the 1980 census and closer to the 1990 one. Mr, Ash appointed Mr. Schaaf to draft words for and submit his recommendations on Section 2.03 for the next meeting. He also recommended tha.t each member read the state statute on redis�ricting before the next meeting. OID BUS7NESS� Mr. Pet,erson indica.ted that upon appointment to the Commission he had un�erstoo� there was no meeting the month of December. There being no objections, it was decided that the December 1 meeting would be cancelled and the next meeting of the Charter Commission would be January 5, 1982, and all agenda items for the Dacember meeting be moved to the January agenda. Mr. Ash then read a letter and a certificate of appreciation being sent to i'essrs. iCenneth Brennen� John Swanson, David Berg and Tim Breider and signed by himself as Chairman of the Charter Commission tha.nking them for serving on t�ie Co�nission. P1�' BUSII�'ESSt Mr. Hunt spoke of resources available through the League of M.innesota. Cities . He mentioned two particular items "�1ode1 Charter for r:innesota Cities" and •'Principles and Problems of Charter r�aking" and felt this could be useful resource material� especially to new members of the Charter Commission. He also indicated he would order copies and send to all members, as well as any other information Commission members might find useful. Mr. Asfi mentioned that he had been invited to the Lino Lakes Charter Comission hearing and answered questions. Charter Commission Meeting — Zwesday� November 10, 1981 Pa�e 4 ADJOURNMENT s MOTZON by Nr. Schaaf� seconded by Mr. ALL VOTING A� � CHAIRMAN ASH DECLA NOVEM�R 10 � 1981 � ADJOURiti'FF� AT 9 t 00 Respectfully submitted� Pat Von N,osch, Recording Secreta.ry van Da.n , to ad journ . UPOI3 A VOICE VOTE . RED THE CHARTER COI�SSION I�'EETIlJG OF P.M. 12 C 12 D MEMO T0: NASIM M. QURESHI, CITY MANAGER FROM: WILLIAM C. HUNT, ADMINISTRATIVE ASSISTANT SUBJECT: DRAFT OF PROPOSSED AFFIRMATIVE ACTION STATEMENT IN CITY CHARTER DATE: OCTOBER 21, 1981 I see a ntanber of problems with the proposed affirmative action statement for inclusion in the City Charter. The draf t in Susan Jackson's memo of October 19, 1981 would seem to be more properly a policy statement to be adopted as a resolution by the City Council and incorporated, if need be, into the City Code. As I understand it, a city charter deals primarily with the powers and procedures of city government granted to it by the State. Enumeration of specific duties, for the most part, seems to be left up to municipal legislation and administrative directives. I do not see this draft as a charter provision. The draft also fails to ballance equal opportunity against affirmative action. In this area the responsibility of City Government is basically to assure equal opportunity to participate in the democratic process. This includes such things as the right to vote, the right to equal representation, the right to peaceable assembly, the right to organize for political purposes, the right to be heard at public meetings, and the right to approach the government for redress of grievances. Affirmative action becomes an issue only after it has been determined that there has been a denial of equal opportunity by the government. Properly speaking, affirmative action does not apply to individuals as such (although individuals are included in an extended use of the phrase), and the concept comes into play only when it can be shown that in fact a certain group has suffered from discrimination at the hands of the government. Furthermore, the draft in question does not ballance affirmative action against the right to privacy which has sometimes been described as the right to be left alone by the government. There is a problem when the government takes the initiative to seek out a particular group of individuals to encourage them to participate in the democratic process or to exercise their constitutional rights. For example, I presume that the draft is referring to gay persons when it speaks of "groups considered, or considering themselves, as minority groups ... by reason of sexual preference and/or practice." Are gay persons to be sought out and encouraged to attend Council meetings? It is a different matter when the government takes the initiative to seek out and inform certain classes of people who have already identified themselves about benefits or opportunities available to them. An example would be notification of welfare recipients about the availability of energy assistance. Even there there can be a problem with data privacy regulations. 12 E October 21, 1981 MEMO, pa$e 2• I do not think that this document, at least as it is presently drafted, belongs in the City Charter. If it is presented as a policy statement, I would redraft it as follows: CITY OF FRIDLEY EQUAL OPPORTUNITY AND AFFIRMATE� ACTION POLICY The Mayor and the C.Cty Council and the City Administr�=�unit are committed to assure that all citizens have equal opp Y to participate in the process of democratic self-government and to exercise each and every right enunciated in the Constitution of the United States of America, the Constitution of the State of Minnesota, and th�a tedtin federalCistate, Fridley as well as those rights g or local legisiation. Such equal opportunity will becolor, assured without discrimination or favor due to race, sex, creed, marital status, religion, national origin, age, disability, adherence to any political or union affiliation, or status with regard to public assistance. The City of Fridley is also comanitted ta remedy by positive steps any practice of the city governnent which is si�own to produce inequality of opportunity, discrimination against any group or individual, or undue favor to any group or individual. 13 FAR CONCURRENCE BY THE CITY COUNCIL FEBRUARY 1, I9SZ CONSIDERATIOl� OF AP1Ei�DIP�aG THE A"JO!CA COU"�TY JOI��JT LA�d E�JFORCEMENT COUPJCIL AGREEMEPJT �AMENDMENT WILL BE IN COUIVCIL PACiCET MONDAY) --.► TNe cirr oF Fq1�L Y OATE FROM D.P.W. DIFiECTORATE oF PUBLIC WORKS SUBJECT MnDOT Agreement University Avenue Traffic Signal and 81st Avenue ,�, .. . E-' '= : • • <1,,, . . - .:�: � 14 � MEMORANDUM ACT{ON{ INFO. We have received MnDOT Agreement No. 60729 pertaining to the erection of a traffic control signal at the intersection of University Avenue and 81st Avenue. This agreement calls for the State construction of the sig- nal improvement and the participation of the City of Fridley and Spring Lake Park in the operation and maintenance of the system. The City of Fridley is responsible for providing the electric power for the signals. The City of Spring Lake Park is responsible for relamping, cleaning and painting. This is similar to the agreement that we have on Nighway No. 65 and Osborne Road. Ninety percent of the project is to be funded by Federal Aid Funds. The State will pay one-half of the remaining amount and the Cities of Fridley and Spring Lake Park paying 2%� each. This amounts to $1,855 for the cons- truction, State Force Account work and engineering and inspection. Recommend the City Council approve the attached resolution authorizing the execution of Agreement No. 60729. JGF:ijk �rrzo� r�o. — �ea pi R�I�I FqR II�I�Ar.rAmrail OF TRAFFIC SIGI�iL WITH STREE,'T I,IC�II'S AI�D SIC�lII� Q�] �DNR BIGHWAY N0. 47 AT 81ST AVII�IE �FAST IN FRIDT.LY ArID SPRII� IAi� PAIaC, �rA BE IT RESOLUID that the City of Fridley enter into an agreement with the State of Minnesota, Department of Transportation, for the following purposes, to wit: To provide a traffic control signal with street lights and signing on Trunk Highway No. 47 at 81st Avenue Northeast in acoordance with the terms and conditions set forth and contained in Agreement No. 60729, a copy of which was before the Council. BE IT FURTHER RESOLVID that the proper officers of the City of Fridley be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. PASSED A1�ID ADOPTID BY THE CITY CQUNCIL OF THE CITY OF FRIDLEY THIS D�AY OF , 1982. WILLIAM J. NEE - MAYOR «�+•� r � State of Minnesota County of Anoka City of Fridley I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Fridley at a duly authorized meeting threof held on the + clay of , 1982, as shown by the minutes of said meeting in my possession. (Seal) SIDNEY C. INM11N - CITY CLERR 14 A . sF�-0z 1�E li STATE OF MINNESOTA DEPARTMENT so FROM : Mn/DOT-Traffic Engineering Room 309 W. M. Crawford District Engineer District 5 - Golden Valley K." K. M�� Di�r Office of Traffic Engineering O f f ice /Vtemorandum SUBJECT: Traffic Control Signal Agreement No. 60729 With City of Fridley and Spring Lake Park S.P. 0205-49 F.P. HES 5425(7) oATE: Jan . 12 , 1982 PHONE: 2 9 6- 6164 Attached are four copie s of an agreement between the State of Minnesota, Department of Transportation, and the City of Fridley and of Spring Lake Park covering the cost, maintenance and operation of traffic control signals on T.H. 47 at 81st Avenue N.E. Kindly review the agreement and, if approved, arrange to have it presented to the proper o£ficials for execution on behalf of the Cities. They should be advised to siqn all copies of the corporate seal to of the resolution. agreement, making sure to affix the all copies thereof and to all copies To expedite matters, the agreement should be returned to you for your signature un3er "Recommended for Approval", after which all copies are to be returned to us for further execution on behalf of the Department. A copy of the fully executed agreement will be returned to you for your files, and a executed agree ment will be sent to the City of Fridley and of Spring Lake Park. Attachments: Agreement (4) cc: R. M. Robinson P. L. Chandler T. E. Campbell/W. E. Matthews MINNESCTA TRANSPORTA?ION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT N0. 60729 : ' � BETWEEN THE STATE OF MINNESOTA, DEPAR?MENT OF TRANSPORTATION AND THE CITY OF FRIDLEY, MINNESOTA � AND � THE CITY OF SPRING LAKE PARK, MINNESOTA • FOR Installation of a Traffic Control Signal with Street Lights and Signing on Trunk Highway No. 47 at Slst Avenue Northeast in Fridley and Spring Lake Park, Minnesota. S.P. 0205-49 � F.P. HES 5425(7) _ Prepared by Traffic Engineering ESTIMA?ED AMOUNT RECEIVABLE City of Fridley $1,855.00 City of SFring Lake Park $1,855.00 � AMOUNT ENCUN.BERED 14 C None Otherwise covered � � � _ . � , � . ' � 14D 0 TBIS AGREEMENT made and entered into by and between the State of Minnesota, Degartment of TransFortation, here- inafter referred to as the "State", and the City of Fridley, her_einafter referred to as "Fridley", and the Ci�y of Spring Lake Park, hereinafter referred to as "Sgring Lake Park", WITNESSETH: WHEREAS, the State has determined that there is jus- tification and it is in the public's best interest to provide a signal control with street lights and signing on Trunk Highway No. 47 at 81st Avenue Northeast in Fridley and Spring Lake Park; and kHEREAS, it is anticipated that said work is eligible for ninety percent (90$) Federal-aid Funds; and WHEREAS, Fridley, Spring Lake Park and the State will participate in the cost, maintenance an8 operation of said traffic control signal with street lights and signing as here- inafter set forth; NOW, THEREFORE, IT IS A6REED P.S FOLLOWS: 1. The State shall prepare the necessary plans, specifications an8 proposals, and shall perform the engineering and inspection required to complete the items of work hereinaf- ter set forth. Such work as described immediately above shall constitute "Engineering and InsFection" and shall be so referred to hereinafter. 0 60729 -1- c -' . � � . � � lc� E 2. The contract cost of the work or, if the work is not contracted, the cost of all labor, materials, and equipment rental reguired to complete the work, excegt the cost of pro- � viding the power supply to the service pole or pad, shall con- stitute the actual "Construction Cost" and shall be so referted A� r� to hezeinafter. 3. The State with its own forces and equiF�ment or by contract shall install or cause the installation of a traf- fic control signal with street lights at the intersection of Trunk Highway No. 47 and 81st Avenue Northeast. Particigation in the Construction Cost is 50 percent State, 25 percent Fridley and 25 percent Spring Lake Park of the amount remaining after the Federal-aid garticipation approved for said State Project is deducted. Estimated Construction Cost is $70,000 which cost includes $12,000 for State force account work. State's share is 5$, Fridley's share is 2.5$ and Sgring Lake Park's share is 2.5$. Anticipated Federal-aid share is 90 per- cent. 4. Upon execution of this agreement and a request in writing by the State, Fridley and Spring Lake Park shall each acivance to the State an amount egual to its share of the cost based on the actual bid price and actual Fe8eral-aid share plus the estimated cost for State force account work plus 6 percent of such amount for its share of the cost for Engineering and InsFection. 0 60729 -2- � 5. Upon final payment to the contractor and computation of Fridley's and Spring Lake Park's shares for the � work provided for herein, that amount of the funds advanced by Fr�dley and Spring Lake Park in excess of their�shares will be returned to them without interest and Fridley and Spring Lake Park each agree to pay to the State that amount of their shares which is in excess of the amount of the funds advanced by Fridley and by Spring Lake Park. - �6. The State shall install or cause the installa- tion of overhead signing and shall maintain said signing at the cost and ex�ense of the State. - 7. Fridley shall install or cause the installation of an adequate electrical power supply to the service pad or pole including any necessary extensions of power lines, and upon completion of said traffic control signal with street lights installation shall provide necessary electrical power for its operation and shall maintain the street lights at the cost and expense of Fridley. 8. Upon completion of the work contemplate3 in par- agraph 3 hereof, the State shall maintain and keep in regair the traffic control signal except for relamping, cleaning and painting at its cost and expense; and Spring Lake Park shall relamp, clean and paint said signal at its cost and expense. 9. Any and all persons engaged in the aforesaid work to be performed by the State shall not be consiaered 0 60729 -3- 14 F I ' . employees of Fridley or Spring Lake Park and any and all claims that may or might arise under the Worker's Compensation of this State on behalf of said employees while so engaged, and any an8 all claims made by any third party as a consequence of any act or omission on the part of said employees while so engagec7 on any of the work contemplated herein shall not be the obligation and responsibility of Fridley or Spring Lake Park. The State shall not be responsible under the Worker's Compenstation Act for any employees of Fridley or Spring Lake Park. 10. All timing of all traffic control signals provi- ded for herein sball be c3etermined by the State, through its . Commissioner of Transportation, and no changes shall be made therein except with the approval of the State. 60729 -4- 0 � �� G APPROVED AS TO FORM: , CITY OF FRIDLEY 0 By . Mayor WILLIAM J. NEE (City Seal� � By City Attorney VIRGIL HERRICK City N,anager_NASIM M. QURESHI . � CITY CF SPRING LAKE PARR . APPROVED AS TO FORM: City Attorney By Mayor (City Seal) By City Clerk - Treasurer STATE OF MINtvESOTA DEPARTMEI�T OF TRANSPORTATION RECOMMENDED FOR APPROVAL: District Engineer Operations �ivision APFROVED AS TO FORM AND EXECUTION: Special Assistant Attorney General State of Minnesota 0 60729 -5- DEPARTMENT OF TRANSPORTATION By Assistant Commissioner Dated: _ DEPARTMENT OF ADMINISZ�RATION By Dated: 14 „ 0 - - - • _ • ! -. - ��;I RESOLUTI013 BE IT RESOLVEC that the City of Spring Lake Park enter into an agreement with the State of Minnesota, �epartment of '' TransFortation, for the following purposes, to-wit: To provide a traffic control signal with street lights and signing on ?runk Highway No. 97 at 81st Avenue Northeast in accordance with the - terms and conditions set forth and contained in Agreement No. 60729, a copy of which was before the Council. BE IT FURTHER RESCLVED that the proger City officers be and hereby are authorized to execute such agreement, and there�y assume for and on behalf of the City all of the contractual obli- gations contained therein. State of Minnesota County of Anoka City of Spring Lake Park CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adogted by the Council and the City of Spring Lake Park at a duly authorized meet- ing thereof held on the day of , 1982, as shown by the minutes of said meeting in my possession. City Clerk - Treasurer (Seal). �. , 15 8esolution No. ftESOLUTION APPftOVING MULTIFAMILY MOftTGAGE REVENUE BOND PKOGRAM AND AUTHORIZING ITS SUBMISSION TO MINNESOTA HOUSING FINANCE AGENCY W'HEREAS, Minnesota Statutes, Chapter 462C authorizes a city to plan, administer and make or purchase a loan to finance a multi-family housing development after sdoption of a housing plen and housing program thereon; and WiiEREAS, Minnesota Statutes, Chapter 462C authorizes adoption of the housing plan and housing program after public hearing held thereon; and WHEREAS, the City Council of the City of Fri�ey (the "City") held a public hearing on the housing plan of the City (the "Housing Plan") on December 7, 1981, and adopted it ois that date; and WHEREAS, the City Council of the City held a public hearing on the multi- family mortgage revenue bonds housing program (the "Program") on December 7, 1981, and February 1, 1982; NOW, THER.EFORE, BE IT ftESOLVED THAT: The City hereby approves the Program and authorizes the City Manager to submit the Program to the Minnesota Housing Finance Agency for review and approval. ' TN� c�rv oF FRI�L Y DATE FROM �.P. DlRECTORATE OF PUBLIC WORKS January 27, 1982 SUBJECT ' Street Improvement Project No. St. 1982-1 TO 16 � MEMOR A N DUM ACTION I INFO• We have identified three streets for construction this year and incor- porated them under Street Improvement Project St. 1982-1: a. Heather Hills streets; b. Park Drive; c. 69fih Avenue intersection. Irast fa11 (7/13/81), the City Council received a request from Thomas Brickner to construct these streets in his Heather Hills Plat. The necessary Public Hearing was held for this improvement (8/10/81). We accomplished the water and sanitary sewer construction last fall under Water and Sewer Project No. 134, and delayed the construction of asphalt streets and concrete curbs until this spring. We have been coordinating with the County on the cons- truction of Park Drive from 69th Avenue to the Corr�nunity Park parking lot, for construction this year in conjunction with the repair of 69th Avenue intersection and the completion of the earth work in tf�e County park area of the Community Park. We have submitted to Dave Torkildson of the Anoka County Park Department, a letter requesting construction of this street. We anticipate his reply letter requesting this action in the near future. Accordingly, it is desirous to include this portion of the work in our plans for St. 1982- L With the completion of the earth work in the Community Park area and the construction of Park Drive, it is necessary to repair and upgrade the 69th Avenue portion between University Avenue and Rice Creek Boulevard. The attached resolutions are submitied at this time, so that we can adver- tise this work this spring, in order to obtain better bids and achieve cost savings. - Recommend the City Council consider and approve the resolutions for St. 1982-1. JGF:i jk Attach: 3 16 � S �E?=.I1� ,�ROJECT N0. ST. 1982-1 � -�qq .�- � � C�TY Oi iRIDLEY � � \?�`�``•� �.t� �� •�, �� e�t w[�n� � �� i��`,�� O��x�� j�,+^' � ��.�...� � 1ffi J �:. ��`� - � ��e�y��i"i�• I .M � waw \ � ' 1 ` - e��^citrio��R. � � �ti � �� 1 �'� . � _ ��` . 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A RESOLDTION ORDERIPG PRELYMIPARY PLAPS, S�'DCIFICATIONS A1�ID ESTIMATES OF THE OOSTS THEREOF: SrREE.T PiiLt7ELT 1982-1 BE IT RESOLVF� by the City Council of the City of Fridley, Anoka County, Minnesota, as follaws: 1. That it appears in the interests of the City and of the property owners affected that there be constructed certain improvements to-wit: Street improvements, including grading, stabilized base, hot-mix bituminaus mat, concrete curb and gutter, sidewalks, storm sewer systen and other facilities located as follaws: Heather Place Heather Circle Park Drive 69th Avenue Old Central to the East Heather Place to the South 69th Avenue to the Co�►un�ity Park Parking Lat University Avenue to b9th Place 2. That the Public Works Director, 3ohn G. Flora, City Hall, Fridley, Minnesota, is hereby authorized and directec3 to draw the preliminary plans and specifications and to tabulate the results of his estimates of the costs of said improvgnents� including every iten of cost from inception to completion and all fees and expenses incurred (or to be incurred) in connection therewith, or the financing thereof, and to make a preliminary re�ort of his findings, stating therein whether said improvements are feasible and whether they can best be made as proposed, or in connection with some other improvements (and the estimated cost as revomanended) including also a description of the lanc]s or area as may receive benefits there from and as may be proposed to be assessed. 3. That said preliminary report of the Public Works Director shall be furnished to the City Council. PASSED AND ADOPTID BY THE CITY (�OtJNCIL OF THE CITY OF FRIDLEY THIS D�Y OF , 1982. ATTF�T: SIDNEY C. I1�IIN�N - CITX CLE�2R 6/1 WILLIAM 3. NEE - MAYOR Y�` � i 17 �or�7ria� 1�. - 19s2 A RESOLiTrION RECBIVING THE PRELIMIPARY RSPORT, ORDERIPG IIr1PROVE1�lENT APD FINAL PLAAS A1�D S'PBCIFICATIONS AND ESTII�IATES OF THE OOSTS THERBOF: S1REF.T II��D�VII+�a PR47F1T ND. ST. 1982 1 WHERF,AS, Resolution No. ?0-1981 adopted on the 13th day of July 1981 by the City Council. set the date for hearing on the proposed Heather Hills West improvements, as speciifically noted in the Notice of Hearing attached thereto for reference as Exhibit "A", and WHEREA5, all of the property owners whose property is liable to be assesse3 with the making of these improvements (as noted in saic] notice) were given ten (10) aays notice by mail and published notice of the Council Hearing through two (2) weekly publications of the requ ired notice. and the hearing was held and the property owners heard thereon at the hearing as noted in said notice; and WHERF�AS, Resolution No. 88-1981 adopted by the City Council of the City of Fridley oraered these improvements; and �iIHERF�AS, the City and Anoka County desire to construct a service roac7 into the County and Camarnm ity Park; and WHERFAS, 69th Avenue fram University Avenue to the service roac3 requires repair and upgrading; and WHF.RF,AS, certain improvements, i.ncludinq grading, stabilized base, hot�nix bituminous mat, concrete curb and gutter, sidewalks, sewer, water, storm sewer and other facilitiess, located as follaws: Heather Place Heather Circle Park Drive 69th Avenue Old Central to the East Aeather Place to the South 69th Avenue to �Y►e Canm�unity Park Parking Lat University Avenue to 69th Place are hereby ordered to be effected and completed as soon as reasonably possible. WHERFAS, pursuant to resolution of the council adopted February 1, 1982, a report has been prepared with reference to the improvement, and this report was received by the council February 1, 1982. la7W, �iEREFORE, BE IT RE90LVID BY THE CITY OOUNCIL OF ZiiE CITY OF FRIDLEY, MIIV�90TA: 1. That the improvements as listed above are hereby ordered as proposed by Council Resolutions. 2. T'hat John G. Flora is hereby designated as the Engineer for this improvement. Ae shall prepare plans and specifications and estimates of oosts thereof for the making of such improvesnents. PASSID A1�ID ADOPTID BY �iE CITY (�OUNCIL OF THE CITY OF FRIDLEY THIS LtAY OF , 1982. WILLIAM J. NEE - MAYOR AT1�T: SIDNEY C. II�II�+IAN - CITY CLERR 5/2 17A • �.` • � • • : .� A RF�OLUPIQ�I O� , APPROVAL OF PIAI�IS AND ORDERING ADVERTISEMENT FOR BIDS: STRSET P1�0►THLT ND. ST. 1982-1 WHERF,AS, Resolution No. - 1982 adopted by the City Council of the City of Fridley ordered the follawing improvements: Heather Place Heather Circle Park Drive 69th Avenue Old Central to the East Heather Place to the South 69th Avenue to the Ca�ity Park Parking Lat University Avenue to 69th Place NOW, ZfiERE�ORE, BE IT RESOLVID, by the Council of the City of Fridley, Anoka County, Minnesota as follaws: 1. That these follawing improvements proposed by Council Resolutions are hereby orc3ered to be effectec3 and completed as soon as reasonably possible. That the work involved in said improvements as listed above shall hereafter be designated as: SIREET IN+IPR0�III�IENT PRA7DCT ST. 1982-1 2. The plans and specifications gre�ared by the Public Works Director for such improvements and each of them, pursuant to the Council resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a gart hereof, are hereby approvec3 and shall be filed with the City Clerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approvea plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days), anc3 shall specify the work to be done and will state that bids will be opened and considered at 11:00 a.m. on the 17th day of March 1982 in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Public Works Director and accompanied by a cash c3eposit, bid bond, or certified check payable to the City for five percent (5$) of the aQnount of such bid. That the advertisement for bic7s for SrREET IMPROVII+iENT PRATDCT ST. 1982-1 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY CbUI3CIL OF THE CITY OF FRIDLEY THIS DAY OF , 1982. AZTFST: SIDNEY C. INN�1N - CITY CLERR 6/5 WILLIAM J. NEE - MAYOR w~� / � 19 �sa�vrza� �. - 1982 A R�1Z�1 OF�LRIl� D�I�3�TP, APPRdVAi+ OF PLAPS AND ORDERING ADVERTISEMENT FOR BIDS: STREET II��iQ� Pi�17HLT ST. 1982-2 WHERFAS, Resolution No. 13-1981 adopted on the 9th day of February 1981 by the City Council, set the 8ate for hearing on the proposed improvements (73rd Avenue Intersection), as specificially noted in the Notice of Hearing attached thereto for reference as Exhibit "A", and WHEREAS, all of the property owners whose property is liable to be assessec3 with the making of these improvenents (as noted in said notice) were given ten (10) days notice by mail and published notice of the Council Hearing through two (2) weekly publications of the required notice, and the hearing was held anc7 the property owners heard thereon at the hearing as noted in said notice; and WHERF.AS, Resolution #31-1981 adopted by the City Council of the City of Fridley orc3ered all of these improvements. I�AW, g1EREFORE, BE IT RESOLVED, that the City Council of the City of Fridley, Anoka Caanty, Minnesota as follaas: l. That the follawing improvenents proposed by Council Resolutions are hereby ordered to be effected and completed as soon as reasonably possi.ble, toJwit: 5treet i,mprovements, including signalization, grading, stablilized base, hot�ni�c bituminous mat, concrete curb and gutter, sidewalks, water and sanitary sewer services, storm sewer system, and other facilities located as follaws: 73rd Avenue Intersection 73rd Avenue at University Avenue That the work involved in saia improvements as listed above shall herea£ter be desiqnated as: 31�REEI' IMPRdVII�]T PRA7�CT ST. 1982-2 2. The plans and specifications pre�pared by the Public Works Director for such improvements and each of them, pursuant to the Council resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part hereof, are hereby approved anc3 shall be filed with the City Clerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be aone and will state that bids will be opened and considered at 11:00 a.m. oai the 17th day of March 1982 in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filecl with the Public Works Director, and ac�mpanied by a cash de�osit, bid bond, or certified check payable to the City for f ive percent (5$) of the avnount of such bid. That the advertisement for bids for SrREET IN�ROVII�IT PR!0.7F]CT ST. 1982-2 shall be substantially in the standard form. PASSED AI�ID ADOPTID BY THE CITY CWNCIL OF THE CITY OF FRIDLEY THIS DAY OF FEBRUARY, 1982. WILLIAM J. NEE - MAYOR ATI'FST: SIDNEY C. IDIl�9�1N - CITY CLERR 5/32 19 A TME CITY OF FRI�L Y DATE FROM U. SUBJECT DIAECTORATE OF PUBLiC WORKS January 27, 1982 Load Limits TO 20 I M EMO R A N DUM ACTIONI INFO• Attached is the annual resolution authorizing the imposing of load limits on public streets and highways in the City of Fridley. The resolution is being submitted at this time so that we wi11 have the option of implementing the load limits whenever the spring thaw should occur, and if it is deemed necessary. Recommend the City Council approve the attached resolution. JGF:ijk Attach. .�:-.`_�, 1� Y �_ � �! :� A RF�i'I�i II+�06II� IDAD LII+IITS ON P[1BLIC STREETS Ai�D ffi(�YS IP � Cl'1'Y �'' FRIDI�T, KII�I BE IT RESOL�IID by the Council of the City of Fridley, as follaws: A. That pursuant to Chapter 503, City Code of Fridley, Minnesota, 1973 that conunencing on the 8th clay of March, 1982 and continuing until the 21st c7ay of May, 1982 unless sooner terminatecl or thereafter oontinued, no vehicle shall be driven or aperatec] upon any street or public highway in the City under jurisdiction of the City where the weight of such vehicle exceeds: 4 TON P�R A�E B. The above restriction shall not apply with respect to the following named streets or public highways, to-wit: STRE�T Ashtan Avenue Able Street Alley East of Bea Arthur Street Baker Street Beech Street Berne Road Brookview Drive Carrie Lane Cheri Lane Corronerce Circle Co�cunerce Circle Ca�mnerce Circle W Co�mierc� Lane East Danube Road East River Road East River Road S E]m Street Fireside Drive Gardena Avenue Glacier Lane Hillwind Road Hickory Street Industrial Blvd. Industrial Blvd. Jackson Street Main Street Main Street Matterhorn Circle Monroe Street North Danube Road ch St. East South est erv. Dr. FRQK 79th Avenue W. Moore Lake Dr. 78th Avenue North Danube Road 73rd Avenue 77th Avenue Windenere Drive Mississippi Street Quincy Street 53rd Avenue 73rd Avenue Catunerce Circle East Cor��uneroe Circle South 73rd Avenue Matterh�rn Drive East Service Drive 58th Avenue 77 th Avenue T. H. �65 Central Avenue Matterhorn Drive Matterh�rn Drive 81st Avenue 53 rd Way 51 st Way Carrie Lane Osborne Road 57th Avenue Matterhorn Drive 63rd Avenue West Danube RQad S•_ Ironton Street Mississippi Street 79th Avenue 400 feet North Osborne Road 81st Avenue East E�d 67th Avenue Jackson Street Fillmore Street Corcunerce Circle South Cosmnerce Circle West 73rd Avenue Osborne Road Arthur Street 51st Way to I 694 57th Avenue 79th Avenue Central Avenue East City Limits St. Moritz Drive Central Avenue 600 Feet North 500 Feet North 53 rd Way 58th Avenue 83rd Avenue 61st Avenue East 67th Avenue Arthur Street 20 A r ; North Innsbruck Drive Quincy Street Rainer Pass ' Ranchers Road Ranchers Road Rice Creek Road St. Imier Drive St. Moritz Drive Trollhage� Drive Viron Road West Danube Road West Moore Lake Drive Windemere Drive west nanu�be Roaa West Moore Lake Drive Windemere Drive 3rd 5treet Sth Street 7th Street T.H. #47 E. Serv. Dri T.H. #47 E. Serv. Dri T.H. #47 E. Serv. Dri T.H. #47 E. Serv. Dri T.H. #47 W. Serv. Dri T.H. �47 W. Serv. Dri T.H. #47 W. Serv. Dri T.H. �47 W. Serv. Dri 51st Way 53rd Avenue 53rd Avenue 57th Avenue 57th Avenue 58th Avenue 61st Avenue N. E. 63rd Avenue T.H. �65 E. Serv. Dri T.H. #65 W. Serv. Dri T.H. �65 W. Serv. Dri 69th Avenue 71st Avenue 72nd Avenue 73rd Avenue 77th Way 78th Avenue 7gth Avenue 8lst Avenue 83rd Avenue 75th Way Osborne Way ve ve ve ve ve ve ve ve ve ve ve Matterhorn Drive 57 th Avenue Glacier Lane 77th Avenue N. E. 79th Avenue N. E. T. H. �65 Berne Ra3d Trollhagen Drive Matterhorn Drive Osborne Road North Danube Road T.H. #65 (N.MooreLake) Trollhagen Drive North Danube Road T.H. #65 (N.MooreLake) Trollhagen Drive 49th Avenue Mississippi Street 53 rd Avenue 7th Street 53rd Avenue 57th Avenue 69th Avenue 73rd Avenue 83rd Avenue Mississippi Street Mississippi Street East River Road Main Street Central Avenue T. H. #47 7th Street Jackson Street Starlite Blvd. 7th Street 63rd Avenue Osborne Road 73rd Avenue Central Avenue T. S. #47 T. H. �65 Central Avenue East River Road E. Burlington No. R/W E. River RAad Hickory Street Main Street Osborne Way E. River RQad Fast City Limits Carrie Lane South City Limits 79th Avenue N. E. 81th Avenue N. E. Stinson South City Limits South City Limits St. Imier Drive Fireside Drive Srn�th (�1-de-sac Srn T.H. #65 (S.MooreLake) South City Limits South Ciil-de-sac T.H. �65 (S.MooreLake) South City Limits 53rd Avenue 64th Avenue 67th Avenue Mississippi Street N. Approximately 500' Mississippi Street 73rd Avenue 81st Avenue S. Approximately 800' Rice Creek Terraoe S. Approximately 800' Industrial Blvd. Central E. Approximately 300' 7th Street Quincy Street West Moore Lake Drive West Moore Lake Drive Monroe Street South �d South 800 feet South F�nd East City Limits City Garage Central Avenue Canvnerce Lane Ranchers Road Main Street T. H. �47 T. H. �47 T. H. #47 Alden Way 75th Way and the weight limit with respect to such streets and highways is: � l�;► ' : j.'�f� C. Notice of these restrietions shall be published and posted with respect to each of such streets and highways and when so published and posted, the restrictions shall be in full force and effect; all as provided in accordance with Mi.nnesota Statutes Sec. 169.87 and the provisions thereof, under Chapter 503, City Code of Fridley, Minnesota, 1973. D. A vehicle in excess of such limits may be operated or driven up�n a street or public highway in the City without violation of law when the same is done under Special Permit thereof issued in aca�rdance with the provisions of Minnesota Statutes Sec. 169.87 which are adopteci and made a part hereof by reference the same as if fully incorporated herein. E. That school bus operators are given special permit to proceed with normal -operation on their regularly established routes and at regularly establishec7 hours, said permits to be issuecl by the Public Works Director. PASSED AND ADOPTID BY THE CITY OOUNCIL OF THE CITY OF FRIDLEY THIS DAY OF FE8S2T.lARY, 1982. WILLIAM J. NEE - MAYOR ATl'F�T: SIDNEY C. INM�N - CITY CLF�RiC 6/6 20 C � J �r' .� ; �' n T� ` J � � \ \\ .� �� ' ` • � �.1: -'1__J r� ...,..� E � � s � _ , + r rf: . M� , : . , ' "'"ma �� - �-�(. / ~ �� '�� / .� �� - " � � = T . �1 =� - == �� : _ e � a. � iE''� �e ...r_�� ;�:.F _ .�.... _ = �� w- y �� _ � � � s = � ' ��'--��i � = �� Y . �� V f �� u ��,� .„. — _ , .�",�y ,. • _: #� .,�:��_,R� � �. Te. � .� � _-`=■ — � �� '=j �.i _ ,' ��= , ' �� • �' �` �.� � . - � �cc-�-` y �' i �' '�T ' .� �! � /�' 1' � 'r- ' � � - _ '�_: � M � �� __ _,� - �� Yr. - •� al � ;';� -__.._�. r�:J;:z. '°.' i��`'�`�` ';,.� .� r• -�--�_ , •� � . : ��-� ��` : - -. -�, =�; . .� �� ! 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F_.^� ' : ... rr � �i �1: '- __ � �•^�_ �=c � c � �"`c: - `1 �i 1 _�j- rr �'-� ' == __ __ � ` -= C�.'= � + � �- ..l� L�• b � ��-L L L-.: • E.� ! � , I �� /� - = ' �,_ = _ '�•= �= � �, `i= E 1; ' -`-1y � � _ . •__._ -r a:r & �� w.� '� ��'.� � � �� _ p ?_ �_ _ - _ �='�C ' � ` H . � _ ^ e �� _ = 2 L- _�. : �--- - _ � _ ._ ~' �L / 1 f �� ;' �� '�:� � .�_..... � �� ' :� L� � �j�' - - - - -- - :. c=:: i I �'� - �TREET MA?- ��TY OF =' _ € •�••� �1 =- �-' , �ERiA��EY Y -� `-_ - � _ 'r��-�; �..,= --dr- _— _._....��.� �-- � , � `. . . �- - - -- - . -= .s • � A N r r •��• -��- � 20 D 9 Ton Load Limit Roa dwa�ys ! . 0 0 0� � _ 21 p F.OR CONCURRENCE BY THE CITY COUNCIL LICE'JSES February 1, 1982 Tvpe of License: B�r�. Approved By: Fees: Auctioneers Peoples Auto Auction Inc. 8290 Main St. N.E. Fridley, Mn. 55432 Gerald Hartman � � James P. Hill . $150.00 Public Safety Director �a 21 A � F.OR CONCURRENCE 9Y THE CITY COUNCIL - LICE1dS�S FEBRUIYRY 1, 1982 HEATII7G 11PPROVED BY Lake Elmo Iieating & Air Cond. Inc. 3546 Lake Elmo Avenue Idorth �7ILLIAt! SANDII7 I,ake �lrio, I•S17 55042 By: tlorman Slavik Plbg.-Iitg. Insp. i�laster Heating 2816 Blackstone Avenue South St. Louis Park, t12d 55416 Midwes t Siieet Idetal :�orks 340 Taft 5treet Id.E. rti.nneapolis, 2Ti1 55413 0 By: Bruce Varner By: ilichael Elnicky «ILLIAM SATJDIN Plbg.-Htg. Insp. WILLIA:S SAT7DItd Plbg.-Fitg. Insp. FOR CONCURRENCE BY THE CITY COUNCIL - CL�IMS FEBRUARY 1 CLAIF� �JUP�'BERS 3E2W06 - 02�L20 22