The URL can be used to link to this page

02/22/1982 - 5258OFFICIAL CITY COUPJCIL AGEP�DA COUNCIL MEETING FEBRUARY 22, 1982 -.----- . • • . , . FRIDLEY CITY COUNCIL MEETZNG PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: Fe�r�uary 22, 1982 NAME � `�` ��i� � J. �� ! /,�I, �!I z 1 Lz sd � ADDRESS ITEM NUMBER __________________________________________�__________=� ��o s't vv li � l� f✓d � ., � �- r . FRIDLEY CITY C4UNC I L FEBRUARY 22, 1982 - 7:30 P,M. MEMO T0: DEPARTMENT HEADS .� FOLLOWI NG ARE THE ��ACTI ONS ��EEDED'� . PLEASE HAVE 1�OUR ANSWERS � BACK IN THE CITY MANAGER�S OFFICE BY THE WEDNESDAY BEFORE THE NEXT REGULAR COUNC I L MEET I NG . THANK YOU .�/�J�¢,�G/z �� ITY MANAGER t�± �OUNCIL i�EETING OF FEBRUARY 1, 1982 Approved wi t h correcti ons ACTION NEEDED: Mal4e corrections as outl ined in m inutes ADOPTION OF AGE►JDA: Added: Consideration of Resolution Requesting Authorization for Anoka County to Continue in the Community Development Block Grant Program For Fiscal Year 1983-1984 SERVIdE Consideration of Coun�il reaction to legislation in area of Fire � Department Pension OPE?I FORUM, VISITOP,S: iCONSIDERATION OF ITEMS NOT ON AGENDA - IS ��IINUTES) Mr. Larson, Mr. Unke, Mr. Kondrick to discuss recreation center STATEf IE�JT OF CA►JVASS : �ANVASSIPJG OF �OTES FOR THE FEBRUARY 16, I9aZ SPECIAL ELECTION �CONSTRUCTION OF A COMMUNITY RECREATION CENTER) � � . � � . � . . . . � � � � . � � � . � . � . � 1 - 1 C Adopted as presented ACTION NEEDID: File as permanent City record for future reference d 0 TING, FEBRUARY OLD BIIS I NESS : � �ONSIDERATION OF FIRST READING OF AN ORDINANCE � REPEALING OLD CHAPTER ZZO OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTING A iVEW CHAPTER ZZO ENTITLED RESIDENTIAL MAINTENANCE CODE iTABLED 2�1��2)� �� Z- 2 P Adopted on First Reading 'UBLIC WORKS ACTION NEIDID: Review ordinance for possible improvements and put on next agenda for consideration of second reading CONSIDERATION OF APPOINTMENTS TO ENERGY COMMISSION . (TaB�En2/1/1982),,,,,,,,,,,,,,,,,,,,, 3 Tabled ;ITY MANAGER ACTION NEEDID: Put on next agenda for consideration CONSIDERATION OF SECOND READING OF AN ORDINANCE ESTABLISHING CHAPTER IZ5 OF THE FRIDLEY CITY CODE ENTITLED SAUNAS AND �IASSAGE PARLORS; REGULATING THE OPERATION AND P�AINTENANCE OF SAUNAS AND i'�ASSAGE PARLORS, REQUIRING A LICENSE TO OPERATE SUCH FACILITIES AND ESTABLISHING STANDARDS FOR THE CON- STRUCTION, ACQUISITION, MAINTENANCE AND OPERATION OF $UCH FACILITIES� � � � � � � � � � � � • � � � � � � � � � 4 - 4 I Ordinance No. 745 adopted ACTION NEEDED: Publish ordinance in Fridley Sun, and prepare recodified Chapter � , CITY PUBLIC WORKS WORKS UNCIL MEETING, FEBRUARY ZZ, 1 OLD BUSIfJESS (CoN-riNUEn) PasE 3 CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING CHAPTER 11, SECTION II.IO, OF THE FRIDLEY CITY CODE ENTITLED LICENSES ANB PERMITS; BY ADDING LICENSE FEES FOR THE OPERATION AND f"`�AINTENANCE OF SAUNAS AND MASSAGE PARLORS, AND BY ADDING CERTIFICATE FEES TO PRACTICE OR ADMINISTER I�ASSAGE IN THE CITY OF FRIDLEY AND CORRECTIPJG THE SUBJECT FOR CODE 116 FROM SAUNA TO SUNTANN I NG ROOMS � � . � , � � � � � � . � . � .� 5 Ordinance 4�746 adopted ACTION NEEDED: Publish ordinance in Fridley Sun and prepare recodification of Chapter 11 NEW BUSINESS: RECEIVING PLANNING COMMISSION �'�1NUTES OF FEBRUARY 3, 1982,,,,,,,,,,,,,,,,,,,,,,,,,,, 6-6E 1. Reconsideration of Replat of Innsburck North Town- house Plat 5(P.S. #81-04) by Suburban Engineering, Enc..... 6- 6A Planning Comm. Recommendation: Waive final platting & 6D-6E with recorrmendation that City Council approve surveyor's certification of correction Council Action Needed: Consideration of recommendation Replat approved by approval of Surveyor's Certification of Correction ACTION NEEDID: Iaform appropriat� parties of council approval RECEIVING APPEALS COMMISSION MINUTES OF DECEMBER 15, 1932,,,,,,,,,,,,,,,,,,,,,,,, 1.. Consideration of Variance Request to Reduce Parking Setback on Commercial Parking Lot, 5905 University Avenue, Paul D. Daniel/Zantigos . ................................... Appeais Comm. Recommendation: Approval Council Action PJeeded: Consideration of recommendation Variance request approved ACTION NEEDED: Inform applicant of Council approval J , � ,,,7-7D 7-7D UARY �JEW BUSI�IESS (CoNTiNUEn) PAGE 4 RECEIVING CHARTER COMMISSION MINUTES OF .JANUARY S, 1982,,,,,,,,,,,,,,,,,,,,,,,,,, 8-8B Minutes received WORKS ACTION NEIDID: File minutes for futurQ reference PUBLIC { POLICE DEPT 1 PUBLIC 1 PUBLIC A CENTRAL SERVIC RECEIVING CATV COMMISSION MINIfTES OF .�AN�ARY Z�, 1982,,,,,,,,,,,,,,,,,,,,,, Minutes received ACTION NEEDED: File minutes for future reference , , , , 9-�9D � RECEIVING �IVIL SERVICE �OMMISSION r'�1NUTES OF FEBRUARY 1, 1982 . . . . . . . . . . . . . . . . . . . . 10 Minutes received ACTION NEIDED: File minutes for future reference CONSIDERATION OF STUDY FOR CONDOMINIUM CONVERSIONS iCITY COUNCIL TO SET PUBLIC HEARING FOR 3/ZZ�aZ)� ��. 11 Public Hearing set for March 22, 1982 ACTION NEEDED: Make necessary arrangements for public hearing RESOLUTION N0. 17-1982 ADOPTED - A RESOLUTION REQUESTING AUTHORIZATION FOR ANOF COUNTY TO CONTINUE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1983-1984 ACTION NEEDED: Forward to Congressional representatives and Anoka County CONSIDERATION OF SURETY BOND AMOUNTS FOR THE FIRE . RELIEF ASSOCIATION SECRETARY AND TREASURER� ��.�� 1� - 12 D Amounts were cancurred with by Council E ACTION NEEDED: Proceed as authorized _ � ;dEW BUSINESS (CONTINUED) CONSIDERATION OF TERMINATION OF PARK LEASE WITH i�ORTH SUBURBAN HOSPITAL DISTRICT� � . � . � � � � � � � � . 13 — 13 B ' Termination approved PARK:&_REC;-.:_ ACTION NEEDID: After Hospital District sends us Notice of Termination of Lease, have executed by appropriate parties and filed for future reference � i�ECEIVING BIDS AND AWARDING CONTRACT FOR REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB, GUTTER AND SIDEWALK - I982 �BIDS OPENED ON FEBR�IARY 9, 1982AT11:O�JA.M,), , , , , , , , , , , , , , , , , , 14-14A B.ids were received and contract awarded to low bidder--Halvorson Construction Company PUBLIC WORI�_ ACTION NEIDID: Inform bidders of Council action CONSIDERATION OF APPOINTMENT OF COUNCIL REPRESENTA- TIVE TO INDEPENDENT SCHOOL DISTRICT 16� ��.��, 15 Councilman Hamernik was appointed as Council representative CITY MANAG ACTION NEEDED: Inform School District 4�16 as appointment CONSIDERATION OF A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS•PURSUANT TQ CHAPTER 474, MINNESOTA STATUTES, . TO PROVIDE FUNDS TO BE LOANED LA i�AUR, INC� FOR INDUSTRIAL 1�EVELOPMENT PROJECT� � � � � � � � � � � � � 16 — 16 E Resolutiop No. 18-1982 adopted � CENTRAL SER ICES ACTION NEIDID: Proceed as authorized CIL F I� i�E� $�$I�E$$ i�OHTINUED) 1 � CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS • FOR ONE TON TRUCK WITH DUMP BODY� � , � . � � � . � � , 17 - 17 A Resolutioti No. 19-1982 adopted PARK & REC. ACTION NEIDID: Proceed with advertisements for bids PUBLIC WORKS CENTRAL SERV: CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ADVERTISING FOR BIDS; STREET . IMPROVEMENT PROJECT ST� I9�Z-IO �SEACOATING)� �� 18 - 18 D Resolution No. 20-1982 adopted ACTION NEEDID: Proceed with advertisements for bids CLAIMS, , , , , , , , , , , , , , , , , , , , , , , , , 19 Approved 5 ACTION NEEDID: Pay claims as authorized LICENSES� � � � Approved CENTRAL SERV CES ACTION NEEDID: .,�,,,,,,,,,,,,,,,,, 20 Issue licenses ESTIMATES � � , � , , , � , � , , � , � � � � , , , , . � 21 - 21 A Approved SERV CES ACTION NEEDED: Pay estimates , CONSIDERATION OF OPPOSITION TO PROPOSED LEGISLATION IN THE AREA OF FIRE DEPARTMENT PENSIONS SERV CES AGTION NEEDID: Write letter to legislators indicating Council's support of '- League's position in opposing legislation in area of fire dept. pensions ADJOURN: 9:08 P.M. � �� I" , FRIDLEY CITY COUNC I L FEBRUARY 22, 1982 - 7:30 P,M, PLEDGE OF ALLEGIAyCE: APPROVAL OF P� I�J UTES : �OUNCIL �EETING OF FEBRUARY 1, 1982 ADOPT I ON OF AGE�JDA : � OPE� FORUM, VISITOP,S: �CONSIDERATION OF ITEMS NOT ON AGENDA - 15 P�IINUTES) STATEP'IE�JT OF CA►�VASS : CANVASSIPJG OF VOTES FOR THE FEBRUARY I.6, I9aZ SPECIAL ELECTION �CONSTRUCTION OF A COMMUNITY RECREATION �ENTER) � � . � � � � � � � � � � � � � � � � � � � � � � 1 - 1 C COUNCIL MEETING, FEBRUARY Z2, 1982 P o� Bus 1 �ESS : CONSIDERATION OF FIRST READING OF AN ORDINANCE REPEALING OLD CHAPTER Z2O OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTING A iVEW CHAPTER ZZO ENTITLED RESIDENTIAL P�IAINTENANCE CODE iTABLED 2/1/$Z)� �� 2- Z P CONSIDERATION OF APPOINTMENTS TO ENERGY COMMISSION . iTABLED 2/1/1982) , , , , , , , , , , , , , , , , , , , , , 3 CONSIDERATION OF SECOND READING OF AN ORDINANCE ESTABLISHING CHAPTER 125 OF THE FRIDLEY CITY CODE ENTITLED SAUNAS AND ��ASSAGE PARLORS; REGULATING THE OPERATION AND I��AINTENANCE OF SAUNAS AND i'�ASSAGE PARLORS, REQUIRING A LICENSE TO OPERATE SUCH FACILITIES AND ESTABLISHING STANDARDS FOR THE CON- STRUCTION, ACQUISITION, MAINTENANCE AND OPERATION OF SUCH FACILITIES� � � , � � � � � � � � � � . � � � � s � „,4-4I IL MEETING, FEBRUaRY ZZ OLD BUSINESS (CoNTihuED) CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING CHAPTER 11, SECTION II�IO, OF THE FRIDLEY CITY CODE ENTITLED LICENSES ANB PERMITS; BY ADDING LICENSE FEES FOR THE OPERATION AND I'�AINTENANCE OF SAUNAS AND MASSAGE PARLORS� AND BY ADDING CERTIFICATE FEES TO PRACTICE OR ADMINISTER I�ASSAGE IN THE CITY OF FRIDLEY AND CORRECTIPJG ThE SUBJECT FOR CODE 116 FROM SAUNA TO SUNTANN I NG ROOMS . � � � � � . � . � � � � � � � �IEW BllSINESS: RECEIVING PLANNING COMMISSION �°�INUTES OF FEBRUARY 3� 1982,.,.,,.,�.,.,.,,,,.,., 1. Reconsideration of Replat of Innsburck North Town- house Plat 5(P.S. #81-04) by Suburban Engineering, Enc. Planning Comm. Recommendation: Waive final platting with recomnendation that City Council approve surveyor's certification of correction Council Action Needed: Consideration of recommendation � .,... ... 6 - 6A & 6D-6E PAGE 3 5 . . � RECEIVING APPEALS COMMISSION MINUTES OF DECEMBER 15, 1932„ „ ,,,,,,,,,,,,,,,,,,,,,,,7-7D 1.. Consideration of Variance Request to Reduce Parking Setback on Commercial Parking Lot, 5905 University Avenue, Paul D. Daniel/Zantigos . .......... ........................ 7- 7D Appeals Comm. Recommendation: Approval Council Action 1Jeeded: Consideration of recommendation , l�EW BUSIiVESS iCONTINUED) CONSIDERATION OF TERMINATION OF PARK LEASE WITH i�IORTH SUBURBAN HOSPITAL DISTRICT� � � � � � � � � � � � � � � RECEIVING BIDS AND AWARDING CONTRACT FOR REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB, GUTTER AND SIDEWALK - IgH2 �BIDS OPENED ON FEBRUARY 9, 19�2aT11:00A,M.>, , , , , , , , , , , , , , , , , � 13 - 13 B 0 , 14 - 14 A CONSIDERATION OF APPOINTMENT OF COUNCIL REPRESENTA- TIVE TO INDEPENDENT $CHOOL DISTRICT 16� � � � � � � � . 15 CONSIDERATION OF A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS•PURSUANT TO CHAP7ER 474, MINNESOTA STATUTES, . TO PROVIDE �UNDS TO BE LOANED LA %�AUR, INC� FOR INDUSTRIAL 1�EVELOPMENT PROJECT� � � � � � � � � � � � � 16 - 16 E 1 THE h1IN�TES OF THE COUNCIL PIEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 1, 1982 ��_ THE MINUTES OF THE MEETING OF THE FRIDLEY CITY COUP�CIL OF FEBRUARY 1, 19E2 The Meeting of the Fridley City Council was called to order at 7:;;0 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: - MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilman Hamernik, Councilman Schneider, and Gouncilman Barnette MEMBERS ABSEFtT: None APPROVAL OF MINUTES - JANUARY 18, 1982: �tOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. l;pon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 PROCLAMATION - 1982 - NATIONAL YEAR OF DISABLED PERSONS IN FRIDLEY: Mayor Nee stated he has signed a proclamation designating 1982 the National Year of Disabled Persons in Fridley, and this proclamation will be circulated, as requested by the petitioners. ADOPTION OF AGENDA: Councilman Hamernik requested the following item be added to the agenda: "Lonsideration of Two Codominium Conversion Permits - Gordon Aspenson, 17 Rice Creek Way". MOTION by Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilman Hamernik. Upon a voice vote, all voting atye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: �lr. Dave Harris requested the Council consider Item 15 on the Agenda, in conjunction with Item 2, as a representative from Dain Bosworth, Inc. was present regarding these items. Mayor Nee stated he could see no problems in considering the agenda items as Pir. Harris requested. PUBLIC HEARItJGS: 2 CONTINUED PUBLIC HEARIN6 ON CONSIDERATI0�1 OF^A HOUSIN6^PROGRAM TO �� f� n��11C� hiayor Nee reopened this public hearing at 7:40 p. m., which was continued from the December 7, 19E1 meeting. Mr. Boardman, City Planner, stated the initial plan that was approved by the Council on December 7, 19�1 was submitted to the Metropolitan Council and they, in turn, did approve the plan. Ptr. Boardman stated the Council's step was the tabling of the actual program, which has to be submitted to the Minnesota Housing Finance Agency for approval. He stated this body then has 30 days to review the program and either approve or deny it. 21 COUNCIL MEETING OF FEBRUARY i, 1982 PAGE 2 Mr. Boardman stated Diane Eliason, representative of Dain Bosworth, Inc., has developed the program and it is submitted for the Council's review under the public hearing. He stated, if the program is approved this evening, it can then be submitted to the Minnesota Housing Finance Agency. Mr. Boardman stated the first two steps in the process are completed, the Council is now considering step three, the fourth step would be action by the Minnesota Housing Finance Agency and the fifth step � would be any contracts entered into with the developer. � Mr. Boardman stated there are not specific commitments by the City Council in the program. Councilman Schneider stated he is not opposed to the development as being proposed, but has a problem with what is going to happen on steps four and five. He stated the Council will be asked, at some point, to use tax increment funds for rental subsidy a�d indicated he was not prepared to take this action. Councilman Schneider stated his concern is that the Council, in effect, is giving an unsigned check without a specific amount and committing future council's as they don't know what the level of subsidy would be 20 years from now and felt it was not fair to tie a future Council to a comnitment made by this Council. He stated he didn't feel the City should be in the rental housin9 business, and didn't feel the taxpayers or tax structures can support rent subsidies. Councilman Schneider stated he felt it would be unfair to use property taxes to subsidize rents, if the tax increment failed. Councilman Schneider stated the use of tax increment money for the rental subsidy will have to remain active for a long period of time and that means the schools, the county, and others will be losing money for some time and probably would not be made up at a later date. Councilman Schneider stated the Housing and Redevelopment Authority, as of yesterday, was unaware of using the potential of tax increment financing. He stated he felt the staff hasn't been fair and open rrith the Council in the way this has been handled. Councilman Schneider stated what they are talking about is land write- down, improvement of the land, potentially deferring assessments, and subsidizing rents and he can't say it is in the public interest. He stated he would have to oppose thts plan on the -basi5 of what he knows aDout steps four a�d five:� Mr. Boardman, City Planner, stated this plan was submitted to the Housing and Redevelopment Authority and they received the bond plan, as approved by thr City Council and prior to submittal to the Metropol- itan Council. Ile stated, at that time, they discussed the possibilities of how tax increments could be used. Mr. Boardman stated he advised them that the tax increment funds could be used for subsidy. He stated the Housing and Redevelopment Authority wouldn't take action, unless they received some indication from the Council that this was a needed project. He didn't feel it is a situation where they were trying to hide anything and did inform the Council that the HRA viewed this issue as cool and would only act on it if the Council so directed. � Councilman Barnette asked if the City does, in fact, need low and moderate income housing. Mr. Baardman stated that is an issue they are looking into by doing a study and hoped to have sane information available at the February 22 Council meeting. 22: COUNCIL MEETIN6 OF FEBRUARY 1, 1982 PAGE 3 Councilman Hamernik stated he also had a problem with what is being proposed. He stated, in some respects, some of the comments made by Councilman Schneider are in line with his thoughts. Councilman Hamernik stated he is not opposed'to development in the City, but to have development at substantial cost to the taxpayers he has reservations that this is not in the best interests of the City. Councilman Hamernik stated there have been num2rous things that have come up regarding this development that are new and different from what the City has looked at in the past, and feels they have a problem addressing the impact of some of the things. Councilman Hamernik stated he has reservations with the use of tax increment for rental subsidy and didn't feel comfortab7e with the City being in the subsidy area. Councilman Fitzpatrick stated he agreed with the statement made by Councilman Schneider regarding a danger of signing a blank check since tfiey don't know what these subsidies might be in the future. Councilman Fitzpatrick pointed out their original consideration was the disirability of development in that part of the City. He stated this is an area that failed to develop over a long period of time because of �the probtems with the land, soi1, and drainage. Councilman Fitzpatrick felt, in general, they shouldn't lose sight of what he considers are overriding advantages of having such a project. Councilman Schneider stated he agrees this is a problem area, but one of the keys in the tax increment district was to generate funds to improve the drainage within the district. He pointed out, if that increment is used in the area of rent subsidy, he didn't know if the increment would support other improvements in that district. Mr:. Dave Harris, 470 Rice Creek Boulevard, stated this is the only method available today to sell bonds at a rate to make it possible for a project to yo forward. Mr. Harris stated, because of the soil and drainage conditions in the area, the City will have that property for another 10 or 20 years generating about $40,000 a year in taxes until some other type of program makes it possible to develop that piece of property. Mr. Harris stated, because of the high cost of financing today, no one in their right mind would try to build apartments, but- they are trying something different which they fee7 would be good for the City. He stated this law and criteria is not of their choosing and they would rather go on the open market and not have any subsidy, but that situation and option is not even open to them. He stated, unfortunately, things have changed and not always for the better and they have to do things now that are different. Mr. Harris stated they are confident the figures they are showing are accurate and tax increment will support the project and they are willing to guarantee, based on tax increment that is available under the project, that they will not have to go into general revenues for the subsidy. He also stated if the tax increment doesn't provide the subsidy, they will make sure the City isn't obligated for funds out of general revenues to pay the rental subsidy. Councilman Barnette stated he is not interested in the City getting in the real estate business, but felt they are kidding themselves when they say they are not going to get involved in these issues. He felt the role of government often times is to "prime the pump", but fran what he hears there are other ways to work this out where the City is a prime mover, without being left holding the bag. COUNCIL MEETING OF FEBRUARY 1, 1982 PAGE 4 He stated these are different times with different methods of financing and was willing to listen to the Dain Bosworth representative. Ms. Diane Eliason, repsresenting Dain Bosworth, Inc., stated you have to look at this proposal as a type of principle and not as numbers. She stated you run fun figures everw day and they won't actua7ly be the same when the development begins. She stated toda�y they are looking at what would get the project off the ground. � �1s. Eiiason stated, first of alT, the requirement of 20� for low and �' moderate income housing units must be met and if this is done, it raises the other rents sky high. She stated, in approving this program, the Council is not co►�nitting themselves to 9iving 20% of th subsidy, but this would have to be worked out between the City and the developer. Ms. Eliason stated the Council has to approve a principle so they can work something out, but numbers specifically would be difficult at this time. Councilrnan Schneider stated, from comments he heard, if it is given today's interest rate and market, the project probably couldn't proceed without the City's or the Nousing and Redevelopment Authority's pledge of tax increment. Ms. Eliason stated in order to market any bonds, you need an AA or AAA rating, therefore, support is needed from the City. She explained they don't have a lot of options, but could possibly look at some techniques to entice investors. Ms. Eliason stated the idea of tax increment financing is a way of easing the deficit because they can't sell bonds with a deficit. Mr. Boardman stated there are means of trying to reduce the debt service by reducing the initial amount of the ]oan, direct assistance of Tand write-down, etc. Counci7man Schneider pointed out they have already discussed doing these things anyway. He stated he thought it would be a great development, but has problems of the pledging of tax increment money for rental subsidy. Mr. Mike Larson, 6390 Starlite Boulevard, stated the way the bonds are raised to an AA or MA rating is to have the City involved to increase the debt worthiness of the bond. Mr. Larson stated, through the tax increment and help of the Housing and Redevelopment Authority, the Council has already provided the means to improve this property and a tremendous help for the development of this project and asked at what point does it stop, as he felt the Cot�nci] has a7ready provided adequate incentive for the development. Mayor Nee explained the proposal since this was a public hearing on a housing program. He stated the proposal is to build fairly high quality multiple dwelling units in the north end of the City. He stated the Council felt this was a good use of the land, however, the deve]oper came to them and stated, in the present money market, this project couldn't be built and have the rents priced competively. Mayor Nee stated there appears to be a way to issue industrial development revenue bonds or tax exempt bonds to build this kind of project and those bonds will sell at a rate of 13 to 13-1/2% ,*. interest, as opposed to the interest rate for conventional financing � of 17�. He stated the developer advises, if he can obtain the lower interest rate, it would mean they would be able to proceed with the project. � 23 ��- COUNCIL MEETING OF FEBRUARY 1, 1982 PA6E 5 Mayor Nee stated bonds can't be issued for this purpose, unless 20% of the units are for low and moderate income housing which would mean a subsidy that would meet Section 8 criteria. He explained the Section 8 program means a person would pay 25% of their income for these housing units and someone else would pay the difference in market rate. He stated the question is who would pay the difference between the market rate of those units for 1ow and moderate income persons and what Section 8 provides. He explained the proposal is that those differences could be paid out of the tax increment by the development. Ms. Eliason stated the tax increment available would be $225,000 in the first year and it appears $50,000 would be paid o�t in rent subsidy. Mayor P�ee stated there is a declining re7ationship there and, at some point, there is going to be a deficit. He pointed out this development is part of a bigger project which deals with soil and drainage improvement and felt this development will not be able to make much of a contribution to the tax increment district. Ms. Eliason stated if they take the surpluses each year for 10 years and put it in an interest bearing account, the total at the end of 10 years would be $1,650,000 that could be pledged against the district to repay its debt. Councilman Hamernik asked how much is left over, after paying the subsidy and not figuring in any interest, at the end of the 10 year period. Ms. Eliason stated they would have a little over $1,000,000. Councilman Schneider asked what assumptions are they making in regard to property value and rental structure in the next 10 years. Ms. Eliason stated they used a 7% increase each year in property value and, as far as the rental structure, they looked at the project with straight market rents and started out with comparable rents in the City and increased them 10% each year. She stated the numbers they used to obtain the subsidy figures are what they assume would be the average family renting and, based on that, came up with some averages and increased them 8% each year. Mr. Boardman stated one of the conditions when using funds in tax increment districts, is to look at a bond sale at the beginning of the development. He stated when the bond is sold, they would set aside funds for rent subsidy in a separate pool to collect interest and these funds would only be used for subsidy payment. He stated the rest of the money would be set aside for necessary improvements in the district. Councilman Schneider pointed out the $1,000,000 would be necessary to pay the subsidy which raises the question when do they pay for soil corrections and improvements. Mr. Harris stated he didn't think anyone understands this completely, but referring to the numbers, he is saying that is the best information avai1- able today. He stated if they didn't have to meet the requirements of 20% of the units for low and moderate income housing, this hearing probably wouldn't be necessary and he would ask to do this on a different basis. Mayor Nee asked if management of the tax increment district isn't under the jurisdiction of the Housing and Redevelopment Authority. Mr. Boardman stated it was, but what they are n��w talking about is the housing bond and thr bond issue falls under the jurisdiction of the Council. He explained until the Council makes some commitment that they are interes- ted in going with a housing bond program, the Housing and Redevelopment Authority wouldn't be involved. He stated he has advised theni, however, the Council may be considering a housing bond program. 25 COUNCIL MEETING OF FEBRUARY 1, 1982 . PAGE 6 Mr. Eoardman felt this comes down to the philosophy of whether the Council can support the use of tax increment for rent subsidy, and what staff is doing is pointing out the options available to them to accompTish the development. Councilman Fitzpatrick stated he didn't think the whole question is whether they can phi7osophically support the rent subsidy, but if they would support a subsidy that would work, and not one that wouldn't work. � Mayor Nee stated his position is that he is not Convinced it would work. Mr. Larry Comners, Chairman of the Housing and Redevelopment Authority, was asked if the H.R.A. would be willing to look at this item and submit their reco�nendation. Mr. Commers stated the H.R.A. hasn't had it presented to them, however, there is no reason why they couldn`t take..a look at ihe project. No other persons in the audience spoke regarding this housing program. MOTIOP� by Councilman Barnette to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carri.ed unanimously and the public hearing closed at 9:47 p. m. The Council then proceed to Item 15, as requested by Mr. Harris, earlier in the meeting. 1 CJ CONSIDERATION OF A RESOLUTION APPROVING MULTIFAMILY nntan onnr.oeM e�an nnTUnaT�lr�r. iT� CIIRMTSST(1N T(1 MTNN MOTION by Councilman Barnette to table this resolution and refer the $ matter to the Housing and Redevelopment Authority for their recomnendation. � Seconded by Councilman Fitzpatrick. Upon a voice vote. a11 voting aye, hlayor Nee declared the motion carried unanimously. Mr. Dave Harris stated if the figures don't work out, they are not interested in the project either, as they are also taxpayers of the City and wouldn't want a project that wouldn't work. OLD BUSINESS• � CONSIDERATION OF COMPIUNITY DEVELOPMENT BLOCK GRANT PROJECTS FOR 1982 TABLED FROM 1/18/82 : Mr. Boardman, City Planner, stated, as presented at the Council Meeting several weeks ago, the Council is considering recommendations from the Community Development Commission for comnunity development block grant projects far 1982. He stated the Commission recommended that $80,000 be used for housing retrofit and weatherization program and $121,322 be used for Moore Lake land acquisition. He stated a letter of support for both of these programs was received from the Anoka County Community Action Program, Inc. Mr, Boardman stated he has had discussions with members of St. Phillip's Church and they are in the process of putting together a package for elderly and handicapped housing in the Moore Lake area and will apply � for 202 funding through H.U.D. Councilman Schneider asked if the proposal for Moore Lake Tand acquisition would be strictly for elderly housing. Mr.. Boardman stated the proposal is strictly for elderly, but if that falls through, they may have to come up with another package. �, Gu COUNCIL MEETING OF FESRUARY 1, 1982 PAGE 7 Councilman Schneider asked if there was any way to insure that these funds for Moore Lake land acquisition would be used only to acquire land for an elderly development and not for any other type of housing, except elderly and handicapped. Mr. Boardman stated, once the land is acquired, it wouldn't have to be sold for anything other than an elderly housing project. • Mr. Qureshi, City Manager, stated the Council has been given a number of options to consider for the use of comnunity development block grant funds. He stated the Comnission's recnmmendation was to use these funds for the housing retrofit and weatherization program and the Moore Lake land acquisition, but the Council would make the final determination. He stated staff felt there was an indication from the Council to promote senior citizen housing, however, if this is not the case, there are other proposals to consider. Councilman Schneider stated he rvas supportive of acquiring property in that area for elderly and handicapped housing, however, if this falls through, he is not sure the City should be sitting on $121,000 worth of property. Mr. Qureshi pointed out the $121,000 will not buy all the necessary property for such a project, but certain steps have to be taken to move in that direction. He stated some additional funding will be necessary to make the project feasible. He stated there is no �uarantee that St. Phillip's Church will get the money to fund the project. Mr. Qureshi asked Mr. Boardman if he knew the chances of St. Phillip's Church receiving 202 funding. He stated it seems only the projects that are now proposed would receive funding, however, St. Phillip's feels it is a worthwhile project and they wish to proceed. It was the concensus of the Council to go with the proposal to use community development block grant funds for land acquisiton in the Dloore Lake area for elderly housing, with the option of re-evaluating it if it doesn't look like the project would proceed. h10TI0N by Councilman Schneider to concur with the recommendation of the Community Development Commission to use comnunity development block grant funds in 1982 for the housing retrofit and weatherization program and Moore Lake land acquisition, with the understanding that staff will bring a report back in October or November on the elderly housing in the Moore Lake area. Seconded by Councilman Fitzpatrick. Mr. Qureshi stated he has been contacted by the City Manager in Blaine in regard to supporting a Battered Women's Shelter to be located in Blaine. He asked if the Council would consider the use of some of the Comnunity Development Block Grant Funds for this purpose. MOTION by Councilman Fitzpatrick to amend the above motion and direct the administration to amend the application for these funds, if it can be administratively done, to provide $10,000 in support of a Battered Women's Shelter in Blaine. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion - carried unanimously. UPON A'VOICE VOTE OW THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 4 CONSIDERATION OF APPOINTMENTS TO COP1MISSIONS (TABLED ll4/82): ?LAtJNIP�6 COMMISSION (CHAIRPERSON): Councilman Schneider nominated Virginia Schnabel, 1527 Windemere Circle East, for appointment to this Commission. 27� COUNCIC MEETING Of FEBRUARY i, 1982 PAGE 8 Councilman Barnette nominated Richard Harris for reappointment to this Commission. There being no further nominations, a roll caTl vote was taken as follows: Councilman Schneider, Mayor Nee and Councilman Fitzpatrick voted in favor of Virginia Schnabel and Councilman Barnette and Council- man Hamernik voted in favor of Richard Harris. Mayor Nee declared : Virginia Schnabel appointed to the Planning Commission by a 3 to 2 vote. � COMhiUWITY DEVELOPMENT COMMISSION: Councilman Hamernik nominated Kenneth Vos for reappointment to this Cortmission. MOTION by Councilman Schneider to close the nominations and cast a white baliot for Kenneth Vos for reappointment to the Comnunity Development Comnission. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Ma�yor Nee declared the motion carried unanimously. E,: dARKS AND RECREATION COMMISSIaV: Councilman Fitzpatrick nominated David Kondrick for reappointment to this Commission. MOTION by Councilman Barnette to close the nominations and cast a white balloi for the reappointment of David Kondrick to the Parks and Recreation Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Hamernik nominated Mary Schreiner, 6851 OakTy St., for appointment to the Parks and Recreation Comnission. � Councilman Schneider nominated Carol Fassett for appointment to the Parks and Recreation Comnission. There being no further nominations, a ro1T call vote was taken, as follavs: Councilman Barnette, Mayor Nee, Councilman Hamernik and Councilman Fitzpatrick voted in favor of Mary Schreiner. Councilman Schneider voted in favor of Carol Fassett. Mayor Nee declared Mary Schreiner appointed to the Parks and Recreation Comnission by a 4 to 1 vote. APPEALS COPih1ISSI0N: Councilman Fitzpatrick nominated Patricia Gabe] for reappointment to the Appeals Comrnission. MOTIOi� by Councilman Schneider to close the nominations and cast a white ballot for Patricia Gabel for reappointment to the Appeals Commission. Seconded by Councilman Fitzpatrick. �pon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. Councilman Fitzpatrick nominated Alex Barna for reappointment to the Appeals Comnission. Councilman Hamernik nominated Dan Erlandson for appointment to the Appeals Carmission. �_. There being no further nominations, a roll call vote was taken, as follows: Councilman fitzpatrick, Mayor PJee, Councilman Schneider and Councilman Barnette voted in favor of ATex Barna for reappointment to the Appeals Commission and Councilman Hamernik voted in favor of Dan Erlandson for appointment to the Appeals Commission. Ma�yor Nee declared Alex Barna appointed to the Appeals Comnission by a 4 to 1 vote. � J COUNCIL MEETING OF FEBRUARY 1, 19E2 PAGE ° ENVIRONMENTAL QUALITY COMMISSION: Councilman Schneider nominated Richard Svanda for reappointment to the Environmental Quality Cormnission. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Fitzpatrick n aninated Maynard Nielson for reappointment to the Environmental Quality Commission. MOTION by Councilman Fitzpatrick to close the nominations and cast a white ballot for the reappointment of Maynard Nielson to the Environmen- tal Quality Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. HUMAN RESOURCES COMMISSION: Councilman Fitzpatrick nominated Peter Treuenfels for reappointment to the Human Resources Comnission. MOTION by Councilman Barnette to close the nominations and cast a white ballot for the reappointment of Peter Treuenfels to the Human Resources Co�nission. Seconded by Counciiman Fitzpatrick. Upon a voice vote, all voting aye, �tayor Nee declared the motion carried unanimously. FNERGY COMMISSION: MOTION by Councilman Barnette to table the appointments to the Eneroy Cor�xnission. Seconded by Councilman Schneider. Upon a voice vote. all voting aye, Mayor Nee declared t{ie motion carried unanimously. CABLE TELEVISION COMMISSION: Councilman Schneider nominated Barb Hughes, 548 Rice Creek Terrace, for appointment to the Cable Television Commission. h10TI0N by Councilman Schneider to close the nominations and cast a white ballot for the appointment of Barb Hughes to the Cable Television Convnis- sion. Seconded by Councilman Barnette. Upon a�oice vote, all voting aye, Mayor Nee declared the motion carried unanimously, Councilman Schneider nominated Ed Kaspszak for reappointment to the Cable Television Commission. MOTION by Councilman Schneider to close the nominations and cast a white ballot for the reappointment of Ed Kaspsak to the Cable 7elevision Cortanis- sion. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. HOUSING AND REDEVELOPPIENT AUTHORITY: Mayor PJee stated he was not prepared at this time to make the appointment, therefore, the matter was tab7ed. Councilman Schneider stated the Innsbruck Townhouse Association reviewed the replat with their attorney and found it would affect their titles. He stated the attorney for the Townhouse Association recommended a certification of correction could be filed, rather than a replat. He stated the City Attorney saw no problems with this, but it would have to go back to the Planning Commission. MOTION by Councilman Schneider to refer this replat back to the Planning Commission for their consideration of certificates of correction, rather than a replat. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING OF FEBRUARY 1, 1982 s RECONSIDERATION'0 PYLON SIGN PAGE 10 Councilman Fitzpatrick stated, in view of the fact that there are going to be changes at this intersection that might affect any new signing, and the fact the original recommendation from the Appeals Commission was for approval, the following action was taken: � MOTION by Councilman Ftizpatrick to grant the variance request to allow a second pylon sign for one year for Red's Korner Pizza at 7441 East River Road, as requested by Werne R. Cla�yton. Seconded by Councilman Barnette. Upon a voice vote, all voting a�ye, M�yor Nee declared the motion carried unanimously. ` '�'.1 ORDINANCE N0. 744 AMENDING CHAPTER 11, SECTION 11.10 OF THE FRIDLEY CITY CODE RELATING TO FEES CONVERSION CONDOMINIUMS : F10TIUN by Councilman Schneider to waive the second reading of Ordinance No. 744 and adopt it on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, I�ayor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATION OF TWO CONDOMINIUM CONVERSION PERMITS - GORDOPI ASPENSOPd, 17 RICE CREEK WAY: hlr. Flora, Public Works Director, stated the City received two requests for condominium conversions and the applicants were informed that they were required to pay a license fee for condominium conversion. He stated the application for these conversions was made to the County on December 16, 1981 and the City received notification on January 19, 1982. He stated the amount they were requested to pay was $750 for converting these rentals to condominiums. Councilman Hamernik pointed out much of the work for these conversions was done prior to the Council addressing the fee schedule and establish- ing an ordinance for licensing. Mr. Aspenson, 17 Rice Creek Way, the owner and applicant, thanked the Council for putting this item on the agenda. ke stated when they decided to convert their units to condominiums, his wife discussed this„atter in June with the City staff. He stated she was told there was nothing in the City ordinances that would prohibit them from doing this so they contacted the engineers and contractors and went through r�ith the conversions. Mr. Aspenson stated they are now recorded at the County and he didn't do the conversions with the intent of bypassing the City and was ignorant of the fact the City had any ordinance covering condominium conversions. Councilman Hamernik stated, on the basis of the canments made and discussions with staff, it seems the majority of the work was done before the City had the ordinance, therefore, he moved the following: MOTION by Councilman Hamernik to grant the licenses for the two condominium conversions by Mr. Aspenson at 6500, 6510, 6520 2nd Street N.[, and 6489, 6491, 6493, 6495 Riverview Terrace and reduce the fee by 50� because of certain extenuating circumstances. Seconded ty Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous]y. 29� ^o u COI;NCIL MEETING OF FEBRUARY 1, 1982 PAGE 11 8 CONSIDERATION OF fIRST READING_OF AN_ORDINANCE_REPEALING OLD_CHAPTER^2 Councilman Schneider questioned the use of portable type fuel burning heaters and stated socne kerosene heaters have been approved. It was felt this should be checked out with the Fire Chief. Mr. Flora, Public Works Director, stated they should also insert a different definition in Section 220.05 (2) clarifying "basement". Councilman Hamernik questioned the definition of "Cellars". Ne felt if the cellars are completely underground, the definition should be re- written. He also requested staff to check into Section 220.064 (2b) regarding provisions for climate control in regard to a power failure. MOTION by Councilman Fitzpatrick to table this ordinance and bring it back after corrections are made. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C� CONSIDERATION OF FIRST READING OF AN ORDINANCE ESTABLISHIfJ6 CHAPTER 125 nr Tur roini rv rrTV rnnr r i TTi rn ceiinin eNn MecSA�F PADI f1RC• RFf,ltl GTTNf, Mr. Jim Hil7, Public Safety Director, stated an interest was expressed by sor�e Council members to have an ordinance controlling saunas and massage parlors in the City. He stated the City, in the past, has not controlled this type of business, somewhat by design, as they felt this type of business wouldn't go into corr�nunities that wouldn't license them, but find this has now reversed itself, He stated the City now finds itself without any control factors where they have such businesses coming into the City, and the proposed ordinance would control the operation of saunas and massage parlors in the City. Mr. Hill stated similar ordinances of surrounding cities were reviewed and the majority of the material in the ordinance proposed this evening comes mostly from the Brooklyn Center ordinance, which they felt was most comprehensive. Mr. Hill then reviewed sections of the ordinance pertaining to the allowance of only two sauna and massage parlor licenses which may be in force at any one time; the investigation fee; the investigation fee for purposes of issuing a certificate; identification of zone C2S as the only zoning they would be permitted in; and the hours of operation, Mr. Herrick, City Attorney, stated this is not an easy area to control, but thought the ordinance is as good as any he had seen and a tool to deal with a difficult situation. Councilman Hamernik questioned why tfie investigation fee of $1,500 was put in this:particular place in the ordinance rather than the fee �' schedule.. Mr. Hill stated in the other ordinances the investigation fee is listed in this manner, but felt it really ciidn't matter where this wes spelled out. 31 COUNCIL MEETING OF FEBRUARY 1, 1982 PAGE 12 Mr. Herrick, City Attorney, pointed out the investigation fee would be a one time fee as opposed to the license fee on an annual basis. MOTIOP; by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting a�ye, Mayor Nee declared the mntion carried unanimously. 1 p CONSIDERATION OF FIRST READING 0� AN ORDINANCE APIENDING CHAPTER 11 ENTITLED LICEf�SES ND ERMITS; SAUPlAS AND MASSAGE ARLORS : MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading, Seconded by Councilman Hamernik, Upon a voice vote, �11 voting aye, Mayor F�ee declared the motion carried unanimously. � 1 PRESENTATION BY HICKOK AND ASSOCIATES, INC. ON PHASE II OF THE MOORE LAKE RESTORATION PROJECT SUBMITTAL: Mr. George Boyer, Vice President of Hickok and Associates, Inc., appeared before the Council regarding Phase II of the Moore Lake Restoration Project. Mr. 8oyer stated the origina] application for the restoration of Ftoore Lake was in 1978. The first phase of the project includes everything undertaken and completed to date. He stated there is a problem with internal and exterrtal phosphorus loadings and, as part of the first phase program, there was a study and testing to eliminate internal phosporus loading. Mr. Boyer stated a letter has been received from the United States Environmental Protection Aqency indicating that P,resident Reagan has allocated $9,000,000 for continuation of the C1ean Lake Grant Program. He explained this amount is for the entire nation and there wi11 be a iot of applications for the funds, but the Moore Lake project does meet the criteria in that it would be a continuation of the grant program and it does dea) with treatment or restoration in-lake projects. He stated the Phase II at the project deals strictly with the lake itself where they are trying to eliminate all phosphous that is being released in the East basin of Moore Lake. Mr. Boyer stated they are submitting a document for the Pollution Control Agency to submit an application for funds from the United States Environmental Protection Agency. He presented an outline to the Council on what is involved in the Phase II restoration activities and stated this outline wouid also be submitted with the application. Mr. Boyer then exp7ained that Phase II would also consist of Continua- tion of a pilot study that was made this fall in trying to determine the most effective way of eliminating the phosphorus. He stated there was a similar restoratior�iroject recently completed in Wisconsin where it was found that the only successful way to reduce phosphorus released into the lake was to remove the roots and weeds. Mr. Boyer reviewed what steps would be taken in the restoration of the East basin of the lake, both in the shallow and deep areas, He stated it is proposed this wouid be a two year program and upon completion, they would monitor it for two years. Mr. Boyer stated after they completed Phase I, it reduced the phosphorus loading by 21% and upon completion of Phase II, it is expected the phosphorus loading will be reduces 75 to 84%. � ,� - ,�., COUNICL MEETING OF FEBRUARY 1, 1982 PAGE 13 Mr. Boyer reviewed the cost estimates for Phase II restoration activities which covered the areas of construction, engineering, 7ega1 and administra- tive, and water and biological testing. Tbe total cost s�anmary amounted to $556,80Q. �ir. Boyer stated, as funding is right now and if the application is approved under the Clean Lakes 6rant Program, 50% would be paid by the Environmental Protectiori Agency and 50% paid by the City, as the State hasn't allocated any funds towards these projects. He felt this project has a chance to be high on the priority list for the Environmental Protec- tion Agency and will be funded. he further stated, r�ithout Phase II, they wouldn't see any noticeable results in the improvement of the ]ake. Mr, l�ureshi, City Manager, pointed out the cost has almost doubled from the original estimate which was around $250,000 and asked if this new estimate was valid and for how many years. Mr. Boyer stated if they received the grant monies, they a�ould actually begin Phase II this year. He did point out that Fridley could do some of the work, such as inspections, and save in this area. Mr. Qureshi, City �4anager, stated they are looking at more than one-half million for Phase II and by the time this is finished, the cost would be over one million dollars. He stated he wanted the Council fully aware of what is involved. Mr. Boyer stated they can negotiate the engineering and inspection fees, but cannot negotiate on the testing fees. h;r. Qureshi stated the question the Council must answer is if they wish to proceed and have staff work with Hickok and Associates to see what work the City can do and, if the grant is approved, where they would come up with the monies the City must pay. Mayor Nee directed Hickok and Associates to make application for the grant, and said even if they receive the grant, the question still comes down t.o whether the City tan afford it. Councilman Schneider asked how they account for the overruns. Mr. Boyer stated in 197E3 through 1950, constructions cost were up 25% in one year, but they are now going the other way. He stated the point here is they don't want to get into a bind where they have a certain number of dollars and then have to start cutting, and felt the amounts submitted were maximum amounts. SENATOR DON FRANK: Senator frank appeared before the Council to report on State issues and matters before the Legislature. He stated he is on a committee looking into the problems of unemployment compensation in Minnesota. He stated they are short in that fund and the Federal Government will now be charging interest on loans including those for the unemployment compensation fund. Senator Frank stated there would be a co�nittee vote on paramutual betting, and the question of a lottery will also be coming_ up in committee. Senator Frank stated there are several cable television bills and he has lobbied in support of these bills in accordance with Mayor Nee's guidance. Senator Frank reported the block grant funds the Federal government is giving to small cities is a total of $14,000,000. Senator frank stated he received the Council's resolution asking that the City not be divided in the redistricting plan. He stated, both the Senate Plan and.the House Plan, would leave Fridley one district. 33 COUNCIL MEETING OF FEBRUARY 1, 1982 PAGE 14 Mayor Nee asked if something could be done regarding condomium conversions. Ne stated it bothers the Council that they have been denied control over these conversions. Senator Frank stated he is not aware whether the Legislature has addressed or intends to address this issue. He suggested the City Attorney contact him and perhaps get together a bill which he may introduce. RECESS: � �Mayor Nee called a recess at 10:45 p. m. i RECOMVENED: Mayor Nee reconvened the meeting at 10:55 p, m. A1] Council members were present. 1 2 RECEIVING CHARTER COMMISSION MINUTES OF NOVEMBER 10, 1981: MOTION by Councilman Barnette to receive the minutes of the Charter Commission Meeting of November 10, 1981. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 3 CONSIDERATION OF AMENDING THE ANOKA COUNTY JOINT LAW ENfORCEMENT COUNCIL AGREEMENT: Mr. Jim Hill, Public Safety Director, stated at a recent meeting of the Anoka County Joint Law Enforcement Council, the City of Ramsey came in with a request that the election to be held by this body be delayed until such time as Ramsey, Lexington, and Circle Pines could be considered for membership to the Anoka County Joint Law Enforcement Council. � Mr. Hill stated the amendment before the Council would add these three cities to the Anoka County Joint Law Enforcement Council so they can participate in the sessions. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into the revised agreement for the Anoka County Joint Law Enforcement Council. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 L� RESOLUTION ��0. 11-1982 FOR INSTALLATION OF TRAFFIC SIGNAL WITH STREET LIGHTS A�1D SIGNING ON T. H. #47 A7 81ST AVENUE ri_ E_ rri FRT�IFY aNn �tr. Flora, Public Works Director, stated the Highway Department has plans for a signal at 81st and T. H. �47. He stated the state has c M teria- they use regarding traffic and accidents which warrants a signal at this intersection. Councilman Hamernik stated he has a problem of justifying the traffic or accidents, as he didn't feel there was any heavy traffic in this area. Mr. Flora stated the signal would be in accordance vrith Fridley's master plan for that industrial area. MOTION by Councilman Hamernik to adopt Resolution No. 11-1982. Seconded �.�" by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee � declared the motion carried unanimously. 34� 15 COUNCIL MEETING OF FEBRUARY 1, 1982 ERATION OF A RESOLUTION APPROVING MULTIFAMILY PAGE 15 REVENUE This item was handled earlier in the evening and tabled and referred to the Housing and Redevelopment Authority for recomnendation, 1 6 RESOLUTION N0. 12-1982 ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES Of THE COSTS THEREO : STREET IMPROVEMEPd PROJECT ST. 1982-1: MOTION b,y Councilman,Schneider to adopt Resolution No. 12-1982. Seconded by Councilman Hamerntk. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 � RESOLUTION IVING THE PRELIMINARY REPORT MOTION by Councilman Schneider to adopt Resolution N0. 13-1982. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � g ,RESOLUTION N0. 14-1982 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT ST, 1982-1: MOTION by Councilman Schneider to adopt Resolution No. 14-1982. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 15-1982 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND 1` ORDERIN6 ADVERTISEMENT FOR BIDS: STREET IP1 ROVEMEPlT PROJECT ST. 1982-2: MOTION by Councilman Schneider to adopt Resolution No. 15-1982. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, P•1�yor Nee declared the motion carried unanimously. n o RESOLUTION N0. 16-1982 IMPOSING LOAD LIMITS ON PUBLIC STREETS AND F' HIGHWAYS IN THE CITY OF FRIDL Y, MINNESOTA: MOTION by Councilman Fitzpatrick to adopt Resolution No. 16-1982. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21 22 LICEIJSES• MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLA I h1S : MOTION by Councilman Barnette to authorize payment of Claims Mo. 362W06 through 028L20. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilnan Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Council Meeting of the fridley City Council of February 1, 1982 adjourned at 11:05 p. m. Respectfully submitted, Carole Haddad Secy. to the City Council Approved: William J. Nee Mayor ,.. • t —. 1 S7ATEMENT OF CANVASS SPECIAL ELECTION FEBRUARY 16, 1982 DECLARATION OF RESULTS THEREOF In accordance with Sect�on 4.08 of the Charter of the City of Fridley, the City Council declares the results of the 1982 Special Election to be as follows: A. The total number of ballots cast was: Ward 1 - Precinct 1 Ward 1 - Precinct 2 Ward 1 - Precinct 3 Ward 2 - Precinct 1 Ward 2 - Precinct 2 Ward 2 - Precinct 3A Ward 2 - Precinct 3B Ward 3 - Precinct 1 Ward 3 - Precinct 2 Ward 3 - Precinct 3 412 g7g . 6 _`_7$�" 2 �$ 80 30 32T TOTAL 6,023 6,�23 B. The vote on the construction of a Community Recreation Center is as follows: YES Ward 1- Precinct 1 38 Ward 1- Precinct 2 103 Ward 1- Precinct 3 34 Ward 2- Precinct 1 46 Ward 2- Precinct 2 21 Ward 2- Precinct 3A 34 Ward 2- Precinct 3B 8 Ward 3- Precinct 1 63 Ward 3- Precinct 2 21 Ward 3 -�Precinct 3 ^ » NO OVERVOTES UI�DERV_OTES 365 868 574 726 610 590 469 70Q 295 366 0 0 1 0 0 0 0 0 0 0 70TAL 379 5,572 1 _ 9 7 9 15 10 4 1 8 4 4 71 TOTAL 412 978 618 787 641 628 478 780 320 381 6,023 C. The vote on the construction of a Community Recreation Center failed. lA STATEMENT OF CANVASS SPECIAL ELECTION, FEBRUARY 16, 1982 PAGE 2 D. The following is a true copy of the ballot used: o��l�i ��i�Ot CITY OF FRIDLET ANOKA COUNTY, MINNESOTA Special Election ' TUESDQY, FEBRUARY 16,1982 Put an (X) in the square before the word "YES" if you are ia [avor of the proposition, or put an (X) before the word "NO" if you are against the proposition. � YES Should the City of Fridley issue general obligation bonds in the amount of ❑#4,850,000 for the construction of a NO Community Recreation Center? StATEMENT OF CANVASS SPECIAL ELECTION, FEBRUARY 15, 1982 PAGE 3 f. The names of the judges of the election are as follows: Ward 1 - Precinct 1 Carolyn Holmen Marion Jones Alice Henderson Majorie Rosin Camilla Mueller Sandra Goman Ward 1 - Precinct 3 Charlene Swanson Margaret Powell Alice Moe Roma Eastwood Rose Mary Johnson Vi Lind Ward 2 - Precinct 2 Jeanette Micholski Marlis Johnson Pat Anderson Helen Shaffer Rohonda Christiansen Greta Siverts Ward 2 - Precinct 3B Judy Engebretson Nancy Strong Marlys Lisowski Virginia Schnabel Barb Wilson Jean Lee Ward 1 - Precinct 2 Joyce McLellan Marlys Johnson Shirley Kohlan Jordis Mittlestadt Mary Sullivan Lois Hines Ward 2 - Precinct 1 Virginia Steinmetz Janice Hebeisen Mary Davis Alice Peterson Marlene Eidem Dolores Lynch Ward 2 - Precinct 3A Virginia Bureau Jean Wagar Delores Mellum D1ary Jechorek Naida Kruger Jean Gerou Ward 3 - Precinct 1 Betty Bonine Betty Scott Myrtl e Florphew Connie Samuelson Marlys Hinsverk Lavonne Avery r�' � STATEMENT OF CANVASS SPECIAL ELECTION, FEBRUARY 16, 1982 PAGE 4 Ward 3 - Precinct 2 Dona Mae Odland Donna Christenson Jean Johnson Darlene Vallin Velma Farr Alice Anderson COUNCILMAN COUNG I LMA�� COUNC I LP1AN COUNCILMAN Ward 3 - Precinct 3 Gladys Syverson Bev Miller Laverne Roseth Betty Nelson Florence Gordon Gemaine Wolsfeld M�YOR - WILLIAM J. NEE 1C � ��;;� � �, �, , «' • AN OI�Il�E REpF�AI,ING pLD CHAPTER 220 OF T9E FRIDLEY CITY QODL� II�l ITS �TY AT� ADO�II�1G A 1�T CHAP'PER 220 FRl'ITI,FD 'FRIDIEY RF�IDF��Tl'IAL 1�41II�Ti'FI�E �S" ZIiE CITY OO�JIJCIL OF THE CITY OF FRIDLEY DOF'S OKAAIN AS FOLIaWSs SDCPION 220.01 TI� This Chapter shall be referred to as the "Fridley Residential Maintenance Code". S�]CPIO�N 220.02 PRF��B It is hereby found and declared that impaired and energy ineff�c�Pn�- structures harbor conditions �g�*�mental to the public health, safety, anc3 qeneral welfare of the (-�¢�k�}) �li�• It is �1� found that impaired �en�rav inefficient structures exist within the City f because of faulty design or construction, failure to keep them in a proper state of repair, lack of adequate liqhting or ventilation, inability to F{��#��i¢�}� � Dla�eriY heated, improper managanent, or any oombination of these factors. It is declared that the improvement of impaired and enerav �neffic�ent structures and the prevention of � occurr�ce of impaired a*+� enerav �*�ffic�ent structures in the future is in the best interest of the citiz�s of the City. SDLTION 220.03 900�5 The provisions of this chapter shall apply uniformly to the maintenance, repair, equipment, use and occupancy of all existing residential structures, within the City. ((��/�'�}g7��i ) This chapter shall apply to builc7ing codes in effect at the time of the issuance of the building permit. S�LTION 220.04 PURp06E The purpose of this chapter is to maintain �n� imvrove the City's sanitation, public health and attractiveness, �sL.tR protect ((�1��/��tl� ��Y,i��¢��!¢yy anc7 (��l¢r) promote the general welfare of t e viahli� by legislation which shall be systematically enforced upon all residential rental property anc� c�ndosninj„�tin oo,nmon_areas and act as a public service to res idents ( �l�¢ /�C�$ /1��6� /�v��) ) � �'°�� .s�'� ��= *�• section o a..�. 220.09 �"Inmediate Health, (��9�Y) Safety �l�'�lfare Hazards" is the only section of this chapter which the City is empowered to enforce against -owner-occupied ( �rpt��y) �'y? ] �T� • �eral objectives are: 1. To protect the character and stability of residential areas within the 2. 2 A c�ty. 2. To correct and prevent conditions that adversely affect or are likely to adversely affect the safety, general welfare, and health of persons awning or renting residential ( (�.��i�dk�h ) ��'� � ��'� � �.�it�Y• 3. To provide for sound maintenance of heating, sanitary, electrical and ventilation systems necessary to ( UiE;,��S/,�/��i��) ) Er°1�� tt,� t�ea?� safetv a*� welfare of t� res� �nt. 4. To provide basic requirements for the maintenance of existing residential ( t��£.�G�,�11) �ww� ��. 5. To preserve the value of land and structures throughout the City. SHCTIO�N 220.05 DF�'II�IITI�IS For the purpose of this chapter certain terms and worc7s are defined. y,1��d,� no� ��.,� ly definea ;r t:h?.� �ha� �i ah�>> have the conun�n �� ,sr;-h in Q�„��ra a��t' na y. The followina words aze �fi _ as foltaws: 1. APPRUVID shall mean approved as to construction, maintenance in accordance with applicable statutes Minnesota, anc7 the provisions of this Code. installation, and of the State of � �/•ll��'��1f1��k�kl/ �fa(��bf✓,6�/allt6�t��,4/i�t'�lt��iE%k,E�lff�l�oS�f/� :l �,�,� iS,�l��iEhr�/�1�/c� / / �itakl /�d /Xi6,E,�d'/tc'bj�i�/�' /��liCat��11 �(]-a'��+�� i4�'�,�k�i'lfl��Y �,�Y 1�1�,� ��11�'11�i�i�l�Fi�lJ�i��i�l �fAfr' �r� k�Y ��Y•1!A . ..,� • �,. � � �. �• - . � �._� • • � �� - 4. BOARDING HOUSE shall mean a building other than a hotel where, compensation by prearrangement for definite periods, meals, and/or lodging are provided for persons, not members of the principal family, not to exceed ten (10) persons. �^(�,�R�i�11 m�an th� �ow�St sto�v o�a buildin4, be19_Y�hQ�1n. e Qro�.� 6. CITY INSPECTOR shall mean the City Manaqer or his authorized represet�tative. 7. CLEAN shall mean the absence of rubbish, garbage, vermin� and other unsightly, offensive, or extraneous matter. . 2� awellLrn, ?� :�u� a f��Y�liTl�Ltm Lm1�,5 tl'p L i�rided �*�r in the ca� �l ar�+n1-� are ��-� �*+ t�' L�� t oiwflet� ��'�'��i�#��g��ri'��tl��q�� T ��t��z��idi��X��t��i��Al�z��l��^�,��1 � ��t��^��Xl��1��►��Y'1��f /��/�N��k��7`��►�Z1�/,�iq'�/�Y�� 6��r�i��¢ ��%�� 1�� #<) ) l��l'��l/�l�X��IPfl�9'�'�1'��l�Fi�'�► �. DWELL�N� shall mean a structure�.��ltion t Qs�of . bLt not an �utcxmbile h�� trai lPr��.p,a clus�v lv for resi�e:ntial oc��p�c� inc�L.�inq,.�I1Q-�Dl�IY� t��.�-f:,mi��,n� m�ltlUlp aWe1_1_lIIQS. but not i nc-1►h� ' na hate� � 1I�� boardinQ ana_ 1�,}qinq_�� 10. �LIl�G LA�1IT shall mean a single unit provi8ing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating� cooking, and sanitation. 11. FASILY CLEANABLE shall mean readily accessible and of such material and finish, and so fabricated and placed that residue which may accumulate can be completely removed by normal cleaning methods. 12. ELECTRICAL SYSTEM shall mean and include any and all methods of transmitting electricity ((�p�/p�j�)� to any dwelling � dwelling unit. i (!��l 1 ��J�l �� ) ) 13. F�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. 14. �TFRNiINATION shall mean the control and destruction of insects, rodents, vermin or other pests. 15. FAMILY shall mean one or more persons each related to the other by blood, marriage, or adoption, or a group of not more than fiv e(5) persons, not all so related, maintaining a com¢non household in a dwelling unit. 16. FLOOR ARF�A, GR�OSS shall mean the sum of the gross horizontal area of ( (�/}�j2j��2,�,�11) ) �],1 floors of such structure ( (��r/}�jt,r�yqt�j��) ) measured from the exterior faces and exterior ells or from the center line of co�anon walls separating dwelling units. Basements or cellars devoted to storage ((ah�U,(�l�l �#,��1 �,�#�11) shall not be included. 17. FUNCTIONIl�G shall mean in such physical oondition as to safely perform the service or services for which an itan is c7esigned or intended. 18. GARBAGE shall mea� or other matter tha� dealing in or storage including the cans, materia ls. and incluc3e every accumulation of animal� vegetable attends the preparation, consumption, display, of ineat, fish, fawl, bircls, fruit, or vegetables, containers or wrappers wasted along with such 2C 4. 19� AABITAffi,E SrRUCTURE shall mean any structui'�nQ �rtlaceroffabocle meets minim�un standards for use as a((�) )��.= P by one or more persons. 20. HABITASLE ROOM shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes; excluding bathroams, water closet com�rtments� laundries, furnace rooms, unfinished ((p�s��Z�s)} �g11�IF, pantries, utility rooms, foyers, c�nurnu�icating corridors, stairways, closets, storage spaces and attics. 21. HEATING, VENTILATING, AND AIR CONDITIONING SYSTEM shall mean and include any and all units, equipment, material, and miscellaneous devices used in the process of heating, ventilating, and air conditioning of any dwelling � dwelling unit.((�#/��/�$�•)) 22. II�ESTATION shall mean the presence within or around a dwelling of any insect, rodent, � or other pests. 23. KITCHEN shall mean a habitable roam ��th;n a c�w�ellin4 unit� intended to be used for the cooking of foa3 or the pre�aration of ineals. 24. LNING ROCM shall mean a habitable roam within a dwelling unit, which is intenc3ed to be used, primarily for general living puxposes. 25. IDT shall mean a parcel of land of at least sufficient size to meet zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are required by the City ((��jjy�,l4��I�) ) Zoning Code 26� MAII�II�IANCE shall mean to keep in a good state of repair; to preserve fram deterioration. 27. MOBILE HON� shall mean a transp�rtable, single-family dwelling unit suitable for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as inm�obile housing and subject to tax or registration, as such, under the provisions of Minnesota Statutes, Chapters 168 or 273, and having no foundation other than wheels, jacks, supp�rt systems, or skirtings. This shall not be construed to mean a recreational camping vehicle. 28. MOBILE HOME PARK shall mean any site, lot, parcel, or tract of land designed, maintained, or int�nded for the purpose of supplying a location or accorrunodation for any mobile home and upon which any mobile home is parked and shall include all builc3ings used or intenaed for the use as part of the equipment thereof whether a charge is made for the use of a mobile home park and its facilities or not. A mobile home park shall not incluc3e automobile or mobile home sales lots on which unoccupied mobile homes are garked for purposes of inspection and sale. ((�kS�tfi/�K��/�ib�./l�'� s��i�i��`��/k�/t��/�/��t�t�Ai��/�►t��/I��Y��l�•) ) 29. IrltnTrpL D�rS.��hs��]. �n an Ix�ildinq��1�}ruc-ture con�a�n�� rPin. two��s�,,,�� t,��1it-s whetl�e� u_sed sole�v or excl��iY�IY for �-es� den �.�;,LPlIiP.� 30. MULTIPLE OCCUPANCY shall mean the occupancy of a building that supports, shelters, or encloses more than one distinct use. 2D s. 31. NON�USTIBZE shall mean any material or a cambination of materials ( (��'¢Y�/�,�1/�i9'#�/�1��fi�'lq�l�pPr��IS�S��P�v�Y'9'�lF�!°FP�/�/�Y'4�/�Y�✓riS��=l� 6�tYi�e'✓�'J/tb�l�''!%�I�CYi��Sbb��i �1f-� i's; ;:.�, r�-rml, p.s witn �"+rian �5 nf thE+ 1979 p�. 32. OCCUPANCY shall mean the purpose for which a building, or part thereof, is used or intenc7ed to be used. 33. OCCUPANP sha].1 mean any person residing in a ��;na. dwelling unit or roaning unit. 34,��n�� A�11 �n,`,�n�r£�Ot1 wh0 h-� c� arQe. C�re OT �011ttO� Of - � ��.a_ ( (34. 4A��l�'�}T`� fiP�'�?'1�1�'/9��;�/�4�1 /#��,�/�'��$/I��'�All�1�l ��A�J�'9'► da'�e'J�4�i��q'�/��9'�l�'��Y�,�'��'i9'�ll�#l1�3��i�9�1•) ) 35. OWNIIt shall mean any person, firm, ((qr�l) corporation Qr o ominium a�.�ciatian who alone, jointly, or severally with others, shall be in actual possession of, or have charge, care or oontrol of any ((f�q'�J1liyt�y'1) n� t;na, dw�ellirxx�it �r�j,n],1� within the City. 36. PER90N shall mean a natural person, that person's heirs, executors, ac3ministrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. 37 � pLUMBING SYSTII�i shall mean and include all potable water suppli es and distribution pipes, all plumbing fixtures and traps, all drainage anc7 vent pipes and all building drains, including their respective joints and connections, devices and appurt�ances within the property lines of the premises and shall include potable water treatment or using equipment. 38. PROPERTY shall mean all land and structures and systems therein, platted lot� or parts thereof or an unplatted paroel of land. 39. PROPER CONNECTION TO AN APPI�7VID S�lER SYSTIIu! shall mean a functioning sewer oonnection free from clefects, leaks, or obstructions with sufficient capacity to arain all fixtures or appliances which feec7 into it. The sewer syste9n, be it municipal or private, must be capable of disposing of sewage in a safe, sanitary. and aaequate manner. 40. PRUPER CON�.CrION � AN APPRCJVID WATII2 5YSI'II�i shall mean a functioning plumbing connection free from ciefects, leaks, or obstructions providing a ��fdqcr�t�f�r�fi�¢ql) ) p�],�, oontrollable flaw of oold or heated water. 41. PUBLIC AREA.S shall mean those areas which are normally occupied or open to the general public. 42. 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 fihan due to neglect. 43. REFUSE shall mean all solid waste products or those having the character of solids rather than liquids; in that they will not f low 6 2E readily without additional liquid and which are oomposed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial solid wastes or c3omestic solid wastes, organic wastes or residue of animals sold as meat, fruit or other vegetable or animal matter fran kitchen, dining roam, market, food establisiunent of any places dealing 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 from 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. 44. REPAIR shall mean to restore to a sound and acceptable state of aperation, serviceability, or appearance in the determination of the ( t�ufiYdi't�) ) S�i.tX Inspector. 45. RODENr H�RBORAGE shall mean any place where rodents live, nest, or seek shelter. 4b. �.1 . ..•,. ►� � u-- � 47. I�[7BBISA shall include wood, leaves, trimmi.ngs from shrubs, dead trees or branches thereof, shavings, sawc7ust, excelsior, woaien ware, printed matter, paper, paper boarci, gaste board, grass, rags, straw, bootsr shoes, hats and all other oombustibles not includec7 under the term garbage. 48. SAFE shall mean the condition of being free from da�ger and hazards which may cause accic3ents or disease. ( (49. ��/��/��/��/��/��/�Al�l��l��l��'�s��f /��1��4� �� a/�fl�tiE��d��/L��i�� /��jY/�l��it/�'B`/��' 49'�J�-L�'Rt�t� shall ,�°•; '•,"'-h •,^ �'^�-r,x-t-�3 or er�� hav�n9 Io�atio� _ on_or �ux��.#��.QroLnd or att�ched to_ �meth�nq hav�nu loc�tiorL on or ��L�� ,9�.'^r3- - 50. UNSAFE shall mean, as applied to a structure, a condition or combination of oonditions which are dangerous or hazarcbus to persons or property. 51. UNSANITP,RY shall mean i t��/�1�1��`��'�`�» conditions which are dangerous or hazarcbus to the health of persons. 52. USE shall mean the purpose or activity for which the land or st��-fi�re ((j�ye,��i�t�)) is designated, or intended, or for which it is occupied, utilized, or maintained, and shall include the performance of such activity as defined by the performancy stanc3ards of this chapter. 53. WATER CIASET shall mean a toilet, with a bowl and trap made in one piece, which is connected to the City water anc3 sewer system or other approved water supply and sewer systen. s�crioN 220.06 �c r,� �o ��r� oF ( c�/�.,� �. ;r •,� : s�•�� ;�:tiy�� r�� :�j.�!'z i.!;�s;�l� � � � �� , /�_zz�,� : �� S�`1'jQij 220��]. R�OnSlblll� Of OW!'1eI8 The owner of a dwelling shall be responsible for the maint�ance of that structure and for meeting the provisions of this chapter. Those responsibilities may not be abrogated by a private agreement. SBL'rION 220.062 Re�aval of Basic �quipment or F`acilities No o�wner, operator, or occupant shall cause any facility or equipment which is required under this chapter to be removed from or shut off f rom any occupied ( q6�ihI1�H'i��) ) S��llina or dwelling unit except for such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during tanporary emergencies. SDC.TIaN 220.063 Mainten��oe of Heating Facilities �ery heating facility shall be maintained in a safe, ((�'i) q� working condition, anci shall comply with all of the follawing requirements: 1. No ((�l,��l/!�y'�'�g/l��t'!� ) bg.�t-�.n4 �acii �tv shall be of a portable type. 2 . Ewery ( ( �'L�� /�U'�i�� /1�� /��' /��` /��9�',� /y�� f�l �/�' /�� 'Pl� / d�� /.�$�� /�q /9��19�� /�4'�? i_�.t1�9 f�; i, t v�ha 11 h� ins a 1 � . ._ _�__ltt��l�www �wii S11 1 � a ,� Citv_��___Statp r - ( (3. b��Y/��'l►�J'��'X�l��`�X�`�'/��!l��Y�/�l1��/4'l�l§�'��f /�'�'�l �fPJ�i� �•) ) ( (4. b�Y��Y/��#�'�'/�'9�t�t��/��/�7��/��/d�/a�/�1a�Y�/��`�/��/��/�k7�'�' Ji��b( li'd�u(��h� /�i�f f��Ji�'�r�'lltl�/�,�k�� /��b�,�,i�'1�� /9��/ k�Y�' 1k�� / �1�k/�X9' ��f i��7� /c6� /rk��li�uS�fut /d��tf i��6nf. ) ) ( (5. &'�f�f�i/�t�'e��/��(ibXc,�l��I�/�X�111]l /b��/��/��'�'/v��X�/�'�14��/I��bt�'rfi�Y �d�tf��d�.'� ld� /r�dd-f�Ya��Y� lr�� d,�lla��t /i� n�! �b'�� /��,�,�! /�7� /I��P�1 �'�' t�il�fc6��b1/af hdafYX</��i'Yi�z�//��f /�af �i'#Li'�6�. ) ) S�CTION 220.064 ( (8'�X�C/l�l��'k`YI/�S�KId�'71'R��1�lS��'1��I i $ROYISION ANQ �-r.TN`I'�'�QF BASIC SERVICFS ArID iITILITIFS Plumbing, Heating. and Electrical responsible for the provision and electrical, and ventilating services _lA3l�• l. Minimum Plumbing Standards: Services: Every owner shall be maintenance of plumbing, heating, to each dwel ling ((��t�) ) or dw�lling All plumbing in every dwe»�nq or dwelling unit shall be properly installed anci maintained in a sanitary, safe, anc3 functioning condition, and shall be connected to an approved ((�{i��.�1i ) m1�1�i.�.i.P� �-Private syst�n. 2F 8 2G 2. Minim�m Heating Stanciards: All ((��!�fid¢�,�� ) aW�??inas shall have heating facilities which are properly installed, and ((y6�i,i¢�i/��) ) maintained in $ saf e� ((��yi% ) 9ood working condition, and which are capable of safely maintaining a minimum inc7oor tenperature of 68oF. at an outside tenperature of -20o F. ((ly�¢y6 ��fd)) at 36 inches above the floor in all habitable rooms� bathroams. and water closet compartments in every dwelling unit located therein. Gas or electric appliances desiqned primarily for cooking or water heating ��S �,�m� ,��*xr_gqUi� shall not be considered as heating facilities within the meaning of this section. ((�p/r/t'1��`/��A�XS6 f��.1�►�1 �►L��'�►�! �Z�/ ��/ ��! tiY�'�' 14��1 ��+4�15�/ 1��/ F�99'� /��11�1�'t1 /#�� f�fi�rSi`�/6�/�Yi�.�/�,E��Gri/��d/h/s'/��I�YSQ1�t'/�'�• )� No owner or occugant shall install, aperate or use a heater employing a flame that is not c c��s��i�,��i�x�i,�d�t��ra�!r�xi��p��r��x > > � �� .,. ..� A. Supplied Heat to Non-controlling Occupants Whenever the occu�nt lacks direct control over the supplied heat to a dwelling unit or roaming unit, it shall be the responsibility of the owner to maintain minimum heating standards as set forth in Section 220.064, Subc3ivision 2. B. Climate Control as Integral Function: When facilities for interior climate control (t�ating, cooling, and/or humidity control) are integral fw�ctions of structures containing dwelling units or rooming units, it shall be the responsibility of the o�wner that such facilities are maintained ana operated in a oontinuous manner and in accordance with the designed capacity of the installed equipment. c c��r��r��r��r�r�r�x��x��,��nxi��i�r�x��i��p� �/ ��ab�/ b�f/ t4►��nl �b�11.tu�,�1.1,�A#,��i�/ l�,�b��-,�dpX�/ �p�/ Ifl�'� / ��X �kN� �,a.fa'�t i' �ta! ld � I �J:�'d�l �e'X ��hY� l�k/l�� 4��'q/ p�'�#� / ��'� �i /�'�/ /t/�?F tk�fi�a6t�hXa'i��/ �l �-,i�k! �kl. ) � 3. Minimum Electrical Standarcls: Every dwelling unit and all public and common areas supplied with electrical service, functioning overcurr�t protection devices, electric outlets, and electric fixtures shall be maintainea in a good and safe working condition, and shall be connected to a source of electric power in a manner prescribed by the ordinances, rules and regulations of the City ( Gb,�/ �'�',�.,�'� )� the laws of the State of Minnesota. SE(.`TION 220.065 BASIC ((S�,F/Ff��i) ) REQUIREMENTS FOR ((��l/7'/F/��Q�i � t3A11�rII� 1. Kitchen Facilities: Ritchen Facilities in every dwelling unit shall be maintained in the follawing manner: A. A kitchen sink shall be in gS�,_r�, in 9oa7 working corx7ition and properly connected to an approved water supply system which provides at a�l times ��► heated and unheated running water uncler pressure, and which is connected to an approved sewer system. B. Cabinets, shelves, counters re�air. of sounc3 oonstruction and easily cleanable and that will no effect on foa3. 9. and/or tables shall be in good furnished with surfaces that are t impart any toxic or deleterious C. A stove or similar devioe for 000king food, and a refrigerator or similar device for the safe storage of foa7, shall be provide� an� properly maintained with all necessary connections for a safe, sanitary, and efficient operation. . 2. Windaws, Doors, and Scre�s: Every window, exterior door, and hatchway shall be substantially tight,�,�.,lked and weatherstrip� and shall be kept in sound conc7ition arx7 ggg� regair. Every window, other than a fixeci window or storm window, shall be capable of being easily opened. $� opena�],�' windosa, s' 1na _ � _ � � • . • •�i ____.�� 3. Minimum Water Heating Standarc'1S: E�ery dwelling shall have water heating facilities which are insta lled in an approved manner, are maintained and operated in�a safe and good working condition, are properly connected with the hot water lines, and are capable of allawing an adecnat�.�,upply�f heated water to be drawn at every ( t��!��y7) ) fixture at a minimiun tenperature of 120� F. 4. Units at or Belaw Grade: A. All windaws Iocated 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 s�y insects, rodents, y�rm?n o3 u,.�b�r � 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 an�t� ► rodents� vermin or e#�� P� i i��/�dt/ftbit✓�/1�►6�X��i�) ) �]11��.�t'�1� �r • C. Floors, basements, and other areas in contact with the soil shall be roden�-proofed to prevent the entrance of rodents into the structure. 5. Floors, ((Z�SiE��'��)) Walls, and Ceilings: Every floor, ((i�fYi��b,t) ) wall, and ceiling shall be kept in sound condition andc3ood repair. , Every floor shall be free of loose, warped, protrudinq or rotted flooring materials. Every ((��¢�t) i wall and ceiling shall be free of holes, Iarge cracks, loose plaster and shall be ma�ntai�ed in a tight weatherproof oondition. 6. Stairways, Porches, and Baloonies: Every stairway, inside or outside of a dwelling and every porch or �� 2I ��. baloony, shall be kept in a safe condition anc3 ((�qi}d�g1) ) io 9� r�ir • 7. Door Locks and Security: No awner shall accupy nor let to another for occugancy any dwelling or dwelling unit unless all exterior doors ((p�//tftjrg/gl�a�2jlJJ%i/t�(�/�f�S�!/A��t�� S�t�) ) are equipped with a ( (��i � functioning ( (��ry�t}��d'��¢�1�A ) �.�. 8. Illumination of Public Aalls and Stairways: �ery public hall and stairway in every ((�j��e/�,�q��y/�y��;�%�./�9) ) jes�dc�tia� r�tat dw�ellinv...�_aorxiam?ni�an 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 �� ((��ytc�yt��) ) oontaining not more than two dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting systen which may be turned on when needed, insteaa of full-time lighting. 9. Facilities for Storage and Disposal of ((�'i��K/,�fi�}'�t3��`��1�'� �) � �ery awner of a((�i��i�5�,�/f��/�GkXXi�i) r�i�]�] rental pro�rtv shall be responsible for providing and maintaining facilities for the storage and disposal of ((�Yp�C�� ) L4�L1Sg, ((�/��j�p )) and for arranging for the �y collection of this material. ((��► F�'/F�� 'la�/�t�A/fi�'�'�'�tl��11��'1��1�A�'�4'�'��1/�Y��/ �lltl�� ¢��. ) ) 10. Rodent Harborages in Occupied Areas: It shall be the responsibility of the o�wr�er of a�1� � p((S�Y�I��A�3'/9`� qlyb��/��y) to prevent the formation of rodent harborages in or about the prenises. It shall further be the responsibility of said owner to prevent the placement or accumulation of materials that may serve as f oocl for rodents in a site accessible to ra3ents in these areas. 11. Infestation ( (�'�!/jq�ip'�n) ) Externnination: The awner of a clwelling shall be responsible for the extermination of ( (�-,�/� ) � infestations on the pranises. `�.•.. �-u! � yt,- • .,�. � _ •a.: � �, c _ ,• i�.� � � . • , . • _� • y • -, .� ► r � �' . • • 11 � ! ! 1 ! � • %s� � _I �� •.._.11.. � .I. ! �lf� ��.fl.• ' . �,/ `I � � 1 1 J 71'. � �' �1' • •' ' y � 1 ' y } 4. /. ) 3t-��1 .- ' � � _ •- 1 �! ' �- -_ * - � - � - � � - _ ' • . • • • :,�� • �+.�. SDCTION 220.08 PRaVISIO�N.S AI�D ' OF B�SIC SERYIGES APID LT�ILSTIES - R4 PROPEI�TIFS u 2J 1. Plumbing, Aeating and Electrical Service: Every owner of a mobile home park shall be responsible for the provision an3 maintenance of plumbing. heating, and electrical service to each mobile home. Al1 utilities shall be constructed, installed and maintained in accordance with the laws of the State of Minnesota, the recomnendations of the State Health Department, and the ordinances and requirements of the City. (t9# B`n`'�ld'Ye� ) 2. �ery public hall and stairway in every mobile home park community building shall be adequately lighted by natural or electric light at all times so as to provide effective illumination in all parts thereof. SF]CTICJN 220.09 1I+�IATE HFAL7H, SAF��'f Ai� WIIFARE BA?•AtiU6 The follaaing are considered i�r�ediate hazards to the health, safety, �, wel a i (�'d�t /}�ufty(�lraf /ddd��dy= ) ) .Q�t1� ooau�nt: 1. Aeating systgns that are unsafe due to: burned out or rusted out heat exchangers (fire box); burned out, r�� t or plugged flues; not being p,r,�r�v vented; being connectea with unsafe gas ((��J!) Dl�s or failing to meet the minimum heating standards set forth in Section 220.064, q?�,�rr'. i�an 2. 2. Water heaters that are unsafe ciue to: burned out or rustea out heat exchangers (fire box); burned out, rusted out, or pluggecl flues; not being praoerlv vented; being connected with unsa.`.e gas ( t�p�� ) 8iP3�S% or lack of a v3op�r_]y instat �ed�nd intaine� temperature and pressure relief valve. . 3. Electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated equi�xnent; improperly taped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other tenporary metha3s; ungrounded systems or ((y(r,(�#�by��d�) ) appliances. ( (i�I/a��Sta(�/�bitM/ibi�/�af�M) ) 4. Plumbing systems that are unsanitary due to: $ewer Backn�.: leaking waste syst�ns fixtures and traps; lack of water closet; lack of washing and bathing facilities; or cross connection of ((gyt��)) �1� water supply and ( (�b��(/��i�hdf��/9��) ) sewage lines. 5. Structural systens, walls, chimneys, ceilings, roofs, foundations, and floor systems, that will not safely carry imposecl loads. 6. Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste, or other materials rendering it unsanitary for human occu�ncy. 7. Infestation of rodents, insects, vermin, and/or other pests. SDCTIO�N 220.10 FIRE SAFEiY 1. Fire Exits: - �.�.-- - - ----s--- sh�ll be ((�pq��/g��/yo��.�j�/�X�) i so far removec3 from any dwelling unit o.�. roomina �nf� or in such condition as to be deemed unsafe or �2. 2 K dangerous and not fit for the purpose. B. Al1 exit stairways in multiple dwellings or condaminium� having more than two occupied levels shall be separated fran each other by a substantial separation of at least a one hour fire resistance rating as detailed in 1979 ((�a7,8�) DBC Table 43-B, it�mm 76, or other approved one hour assembly. C. All multiple dwellings or condaminium� having more than two levels anc7 the lawest level is at an elevation less than grade and having the exit at grade level shall provide a substantial barrier cronstructed anc] placed so as to prevent a person from proceecling dov�m the stairs to a l�vel lower than the level of exit. D. E�ery apartment building �.?l�na or ccxx3nm?n_i►�m with 25 or more ((�}�y}r,�q)) �1,lj,,ag units shall provide emergency lighting in the exitways, corricbrs anc7 systens in acaordance with Chapter 5-1021 of N.F.P.A. Std. 101. 2. Automatic Alarms: A. All multiple dwellings and ' having in excess of four dwelling units shall provide a manually operated alarm systan capable of alerting all the occupants of the structure. Each such alarm system shall be activated by a manual pull station located at each exit door and by an automatic device located in the ((}�t�.Jl/i�t/i/�� y-tr�gl�fq�) ) roo�m in which the heat supply is located. 5uch c3evice shall be a((gSt��b�i/�f /�th}�ri��i�S�i) �� detector cietect � ng vrodLCts of ��-�i� other than heat; bearing the approval of the Underwriters Laboratories or Factory Mutuals Testing Service for such service, or the International Conference of BuilBing Officials. B. Every dwelling unit within a�wellinq, ((��X�J�i�! / py��f ))� �iI1.].um i (X�s9��/Y�I��/��//�� ) and every ( (�'��Z� ) roont�g _,y�j,� in a Iaiging house, ((p�) ) hotel or motel used for sleeping shall be provided with a smoke detector detecting products of combustion other than heat and conforming to the require�nents of the Underwriters Laboratories, or approvec3 by the International Confere�ce of Building Officials. When actuated, the detector shall provide an alarm in the dwelling unit or t(�d��)) ro�� . t tc. �b�6�.��r4��l��.�H/ �D.�1 i��! ��b��db� /q� 1��,�1,�b�� /�1��1 r�'a� l�� /i��/,��/��/�9�� •) ) 3. Fire Protection Sj�stem: All fixed anc3 portable fire protection systems and appliances must be accessible and maintained for inunediate emergency use. 4. Prohibiting Inside Connection of External Appliances: It sha�l be unlawful for any owner of any ((��,��/�j�y��,�''�) ) rPSiden�ial rent�j.,��4P��y o ini to allaw electrical drop oords, extension coras or any electrical wire to run from any electrical outlet from insic3e the {(pi��l,��p�.�) dwelling 4�.��I��---�--� for service to an electrical appliance outside of a((rpfi,��lafg��) ) dwelling =; �� *� �n't. .2L �a� Z2o.0 LI� �'' ( (�'��'/Y1��f � � �� L PROPFRTY ArD To allow for a systanatic enforc.e�nent of this ordinance upon � I�? �t.._��Y � rnnr3c�n» ( (��'��) ) . no Person < <��/"Y1 �'d�d�'� l�'e' ��'�l�'r�'� l�� 1'�' �P`�f A� l�?'�� l�X �P-f �i''9'�> > s a operate a((��$�� )„�.`,�.,..`;a� ra,t�� tir�rty or condrnainium without first having obtained a license to do so from the City (( jF �!� ) , as hereinafter providec]. ( (�Cjc/ jt�je/�'i��f�,��/q'�/1��l��' �l�'�xhi�rii�''�/'��'sl��'l�l�X�zl�'4'1�"�'l9�i l�' ��r�r �i 1�' �ld�fa7�r�'d��fk'�u'l�l�'��'l9'$1��9'�'l�i�'Y/9'�'l��Xl1�Al�/l�/� f�'P�' o��d��/�,�'g��1�,�7��,�//,�Y/��lP�//�� 'F�'►!l�5 ��/1�JaF1�3 ��,�nux��►��r��i��i��i�rrp,��i��i,��i�n��x�i�i�� i�d��a(�f /�aft1�ld�li��st�atr�de�� ) License renewals shall be f ileci at least 3Q ((60)) days prior to the license expiration date. No operating license shall be issued or renewed unless the r�s�dent�a? renta� DIO�'rtv or condominium ( t�`�1��1��'l�'�1��,�1,�i�i�9'��I� � conforms to the ordinances of e City ((b'��9A.�%1) and the laws of the State of Minnesota. 1. License Fees: The annual license fee and expiration date shall be as provided in Chapter 11 of the ((b''�lildYe�I ) City Code. 2. Owner or Agent to Apply: License application or renewal shall be made by the owner ((q�/X�j�j�� t��f��E�� ) or his legally constituted agent. Application forms may be aoquired from and subsequently filed with the City Inspector. 3. Resident Agent Required: � �9'/9�`�' �' � /��'��'/��/��/�'��X�/9'�/��?'� l�9'�l�/�q�7 ��Y��l�'h'�3� ��/��'�'�1��1��Ik��1�1�9'/�9'��1�9� ��/�l�19�1��/�A�A�Xq M��r��ri��r��c��c�i��i,i,�t��v��iP,��ri� �� X��Y /�� /��/�� /9�� /�� l�'��9 /�9��1'� l4 � l �� s�i��in�,��a��s�i,��rai��r�,�i�ai�a,�si��,�� i�ri�r�ii��ix�r� �xx�� a��r�� c�� i i�� r i�� v�� i��t� � i�� r i�� v6M�/ �,�/ �1��vs��1/e� l�'�� l��,��Yd� l�' ll��I�'�I�l �1'� / 1��3�9' / J�1�/ I�l� ��A/�/Y dc6�f�tt �tt�itl�al/�d/��v��/t��/��!�i�/�$�1��'�`/Sb�/��'S��`/S��/y�'�f��'9'� l9'l /�� d�fi'�i.'�� /�� /t�� /� �i�/ �'��¢�J�l►/lti� /��¢�,�1�i�' f9'��X,�/�Y 1�f4'/ ��J��'i� �le��i'a(X /a(�tCi's6�I /�� /�� /��/�b�� 1�� /�� /v�� /s�� !�#��'�� 14'� 1��9'4�� i��a�ct�/�� /X�vbl l /'�bs� /��'i�y/��/�� /��/��'��/ �X�l �'�1��►�/P/fl � dbSaf�I��/�� /f��t¢��t�#�/a(��1t�1//�'��!�/��e�S�/�Y/��/�+�Y��/��/ /��/1��1�/l�l�'f�' ]��S�pk,�it-1o�d%�/d��,�in'��b�l,/��/��X/�'q�/�1�1�,��'l�/��/�1/�7 /�pAl�l� �p�,�ii�I �i'd' I¢��,�� I � �11'�,�'tlr��fil�Yfl��S��Y�1�AN1 /��l�i�'�$�1�1 �9 �l �'e ��/��/t��/�1��!) ) - - .t•;�f :•¢►•r,.r��, �:...»-� ---°-� -�- -- - 1 t, �1. • ��1�► • �f / 1�1 � 1 .�.. ! t^ • , t,� :._ . � G� • • ' 1 t - � ,�• •,--• -•. •� -• .�• �- ��! � --11.� 1 ' 1t./ - �4. 2 M JUI�� ,�� • i ' . ' },� � • + • • • !_�_ 1 • • � ' L ! • :� • �...'1 ■ - _�I �• •.�i, �,! ! 4�S ... 1 • ! ' 1 • a�� I ►_- • • � �-w ! • 1i • yl - il "_11: � u . �.- ,;- =,• 1 1- •- ' �It 1.• •� ,�- •.!!" t!1 1• � �,�- • 1' • �11=11 �.1,-t ��_�Il 1!1.=i.f: ^'� '_1 • • 1 4. Agreement to Allaa Inspection: No operating license shall be issued or renewed unless the owner t(q# ��i,i��/yt�(��1�) ) agrees in the application to permit inspections pursuant to Section 220.12 of this chapter. 5. Posting of License: �ery licensee ((�6�/�(/#�f�t�(�/41y8¢��'�¢i ) shall cause to be conspicuously posted in the main entry way or other conspicuous location therein the current license for the respective ((�t�jijt��) ) dwelling. 6. License Not Transferable: No operating license shall be transferable. ((jt�/��1°�//�i�'��/��'��/�X9! D��l��t�3/ 11/�d��l,��'/��l �k,�'��p� �l9'1��1�Y��11�'��►1 X�Q�� {��rq�y�X/��/�C�1¢/¢��C}�/¢�Upi¢��.) ) Every person holding an operating license shall give notice in writing to the City Inspector within five business days ((�(��) ) b�f4l� having legally i i��'��) )� or othenaise disposed of the legal control of any licensed ((��}�,t�'�[/¢��ai�'��J�i9'� � pl,�rtv. Such notice shall include the name and address of the person succeeding to the ownership or control of such t(��'�/y�y��,�i��'/9� ¢�vb�XXit��) ) residentia�. re�t�? vrs�'�#Y or 7. License Suspension or Revocation: E�ery operating license issued under the provisions of this chapter is subject to suspension or revocation by the City Council should the ��9��,��) )�,�,, or the duly authorized resiaent agent, fail to operate or maintain the licensed ((��t�p�./�yt'�'��p�'/��f�//�;i��i�i�'> > T�i�,�;Q� ��,�zqp��y�_oonc ini�.m�s therein consistent with the provisions of the codes of the City ((q�/�'�'�-�3/�) ) 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 authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated ((r��l)) �wP??ings o �,,Qt ina units until such time as a valid operating license may be restored by the City Council. SD(,'PION 220.12 ADMINISi'RATI�] The City ((�n}�;p,h.�q�� ) M�D.�9� and/or hi� designated a9ent 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 �o believe that a violation of this chapter has been or is being committed. l. Authority: is. 2 N When a City Inspector determine.s 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 Access: If any awner, S?�grat�r. occupant, or other person in charge of a dwelling � dwelling unit ((q��/�pj�/iJ1�'/t�Sdr��) ), fails or refuses to permit free access and entry to the ((�'yyt�rqi )�> >; T1° or dwe] li�-3�]i� un�3er that person's control for an inspection pursuant to this chapter, the City Inspector may seek a court order authorizing such inspection. 3. Owner Occupied: If an impairment should occur in an awner-occupied dwelling that threat�s the health, safety, and welfare of the occupants or adjacent property awners/renters, and if the impairment is a violation of Section 220.09, the City ((��/$'�t��X��i) is empowered to exercise the enforcement of this ordinance. ti;, • � •� r • •• • � s � • � «� �s � 1. Whenever the City Inspector determines that any (( ]�) dwelling � c3w�1"L'ux�_ unit ((qy�tpy� ) fails to meet the provisions�this chapter, or if any owner-occupied dwelling or dwell�,n,g nni fails to mee N the provisions of Section 220.09 "Imnediate Health and Safety Hazards, the City Inspector may issue a compliance order setting forth the violations of the chapter and orr.",ering the awner, i(9�iI�� o�rator or occup�,n� to oorrect 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 awnQr, ((a�/��) �rat�r or_��at.; such notice shall be deaned to be properly served (upon such owner or agent), �f a copy thereof is: (1) Served upon said ( (��j�4�rl��/9� ) �;l �rator s?]'.�p� (2) Sent by mail to the last known a�dress, or (3) Upon failure to effect � c9mnlianc.g orc3er t(�p/r/�t�tye) i through �11. ((a) ) or �1 ( ib) ) as set out in this section, said order will be posted at a conspicuous place in or about the ,�,tf� dwelling �r �1�_s.'^�t• 2. Penalty for Violation of Code: Failure"to meet the requirements of the compliance orc3er is a violation of this chapter and a misdaneanor, and is subject to all penalties providec7 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. s�,crio� aao.�� c.Y c� When a violation of Section 220.09 of this peril to life, health, �f�'ty or pro�erty, immediate compliance, and if necessary c c��a��a��•> > S'�.TIQi 220.15 II�IT FOR fl[1�IAii �BI'rA2'IQd 1. Declaration: 16. 2 0 chapter oonstitutes an iirnninent the City Inspector may require take appropriate action to r�nrrr.+[±t t?� VlO�atlm. Any clwelling, dwelling unit, or roa�nc� unit ((q�t/� �C�r� ))► which is daanaged, decayed. dilapidated, unsanitary, unsa-fe, in ested, or which lacks provision for illumination, ventilation, or sanitary facilities to the ext�►t that the defects create a hazard to the health, safety, or welfare of the occugants or of the public, may be declared unfit for human habitation. Whenever any dwelling, dwelling unit, Qt rooming unit ((qr/ ��X�/j��cf¢,)) has been declared unfit for human habitation, the Ci£y Inspector shall order same vacated within a reasonable time and shall po a placard on same indicating that it is unfit for h�unan habitation and any operating license previously issued for such dwelling, ��> > in� ��*±it or �rri„i unit shall be revoked. 2. vacated ( ($Wi3,�5,t�) ) �11]�� It shall be unlawful for a vacant dwelling, dwelling unit, or ( �� ]��[,¢) ) r�j�q unit, which has been c3eclared unfit for hwnan habita i�.�on as providec3 in Subdivision 1 above, to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the City Inspector. It shall be unlawful for any person to deface or r�nove t.he c3eclaration placard from any such dwelling, dwelling unit or ( (��¢/��A'�¢) ) Ls�Sda�i1°.�. 3. Secure Unfit and Vacated Dwellings: The awner of any dwelling, dwelling unit, or ((�tp��:f��e)) z��ing��it which has been declared unfit 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 hazarcbus to the health, safety or welfare of the public and does not constitute a public nuisance. Any vacant dwelling, �� ni�. or ro�� ...�n?t open at c3oors or windows, if unquarded, shall be deaned to be a hazard to the health, safety, and welfare of the public and a public nuisance within the meaning of this chapter. 4. Hazarcbus Building Declaration: In the event that a dwelling, ��l��nq un�--I��n4 uni� has been aeclared unfit for hwr�an habitation and the owner has not remedied the defects within a prescribed reasonable time, ((�X�/�,�dd1��fiJ) )-��l=--t �Y be declared a hazardous building and treated consistent with the provisions of Section 463.15 of the Minnesota Statutes. I � 'tlJ�i •' �' �� {� • M' �'J �' � ' i ' I 1i � • Upon failure to comply with a compliance or8er within the time set and no appeal having been taken, the City Council may, by resolution, cause the 2P i�. cited c3eficiency to be renedied as set forth in the oompliance order. The vost of such re�medy shall be placed against the subject property and may be levied and collected as a special assessment in the manner provided by Minr�esota Statutes, Chapter 429. 220.17 RI(�T OF AP'PSi�L When it is alleged by any �erson to wham a compliance order is directed that such compliance order is based upon erroneous interpretation of this chapter, such person may ap�eal 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 imminent peril to life, health, �£�ty or property. `1� � 1 ti' • �`1 ;�" •' • � I:rf'�.�:t�' Anyone securing an interest in the dwelling, dwelling unit or ��miilg unit ((ry��/l�qrp[�) ) which has received a violation tag or compliance order shall be bound by same without further service of notice up�n him/her and shall be liable to all penalties and procedures by this chapter. PASSID AI�ID ADOPTID BY �iE CITY OOUNCIL OF THE CITY OF FRIDLEY THIS DiAY OF , 1982 . AZTFST: SIDNEY C. II�9F�,N - CITY CI�RR First Reading : Second Reading: Publish: 3/11 WILLIAM J. I�E - MAYOR EXPIRING QONIl�tISSI0r1 POSITIONS a: �+�.�:r�� ,�J��: s;.. �� .��;�;r. ; �� ,�rs� g�(,�Y �!lISSZiQd (Cha�pter 6) (5 l�abers - 3 Year �en� Chairperson Dean Saba 4-1-83 6325 Van Bur� N.E. (H.571-1953)(B.631-5860) Vioe- Jerry Cichosz Chairperson 7509 Tenpo 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.574-0107)(B.378-5981) 4-1-84 4-1-82 4-1-82 William F. Wharton 4-1-83 6887 Channel Road N.E. (H.571-8555)(B.853-2207) 3 PAGE 4 . . . • � �+ 4:�c. :�.�• �;�s. 4-1-85 4-1-85 4 aRUn�cE �. — �s2 AN p�II�E F�T1�B�.I�� (�PPER 125 OF THE FRIDLEY CITY OODE ENTITLED SAONAS AND 1KASSAGE PARLORS; Ii;�IATII� 7:8E �[iAZZ�3 Al� l+�P�II�Tl'II�I�ICE OF SAUI�S Al� Mf��SSAGE pAi�[pRS, RDQtTIRII� A LICENSE TO OPERATS SUCH FACILITIES A1�D ESTABLISHING STANDARDS FOR THS C�1Si�[l(,TIt�I, AOQOI�ITIt�i, I+�IINrII�]ANCE AtID OPERATION OF � FK=7T.T*1riGS The City Council of the City of Fridley does ordain as follcyws: 125.01 STATEI�9IIVT OF POLICY The City Council of the City of Fridley considers it necessary to provic]e for the special express regulation of businesses or cotrunercial enterprises of the type subject to Iicensure in this Chapter 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 and 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 diminishes the ability of the City to pramote 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 segments of the commw�ity, 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 conunercial businesses. 125.02 DEFINITIO�NS As used in this Ordinance the terms defined shall have the meanings ascribed to them. 1. "Sauna" means and includes a steam bath or heat bathing room used for the purpose of bathing, relaxing or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent. 2. "Massage" means the rubbing, stroking, kneading, tapping or rolling of the ba7y of another with the hanc3s for the exclusive 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 fgnale 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 pre�nises at or in which massage is performed. The practice of massage is hereby declared to be distinct from the practice of inedicine, surgery, osteopathy, chiropractic, physical therapy, or pediatry and persons duly licensed in this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or pediatry, nurses who work solely under the direction of such persons, athletic directors and 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 exanpt from the provisions of this section. 125.03 LICENSE AND CERTIFICATE REiQUIRID 1. No person shall engage in the business of operating a sauna or massage parlor either exclusively or in connection with any other business enterprise without being licensed as provided i.n this section. 2. No person shall hold out any establishment as provic3ing sauna or massage services unless such establishment is licensed as provided in this section. Whenever any establishment ceases to be licensed as a sauna whether through the suspension, cancellation, revocation, non-renewal or lapse of its license, its owners shall inunediately renove from public view any sign or display which identifies the establishment as.being a sauna or massage parlor or as offering sauna or massage services. 125.04 �N'PII�'i� OF APPLICATION FOR LICII�TSE Application for license shall be made only on the forms provided by the City Manager. Four complete oopies of the application shall be f urnished to the office of the City Clerk containing the address and legal description of the property to be used, the names, addresses and phone numbers of the awner, lessee, if any, and the operator or manager, the name, address and telephone nwnber 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 of£ense including the disposition thereof; the names and addresses of all creditors of the applicant, owner. lessee, or manager insofar as and regarding credit which has been exte�ded for the purposes of oonstructing, equipping, maintaining, operating or furnishing or acquiring the premises, personal effects, equi�ment or anything incident to the establishment, maintenance and operation of a massage parlor or massage establishment. If the application is made on behalf of a corporation, joint business venture, partnership or any lc-yally -constitutec3 business association, it shall submit along with its application, accurate and complete business reoords showing the names and addresses of all individuals having an interest in the business, including �A Page 3-- Ordinance No. — 1982 4� creditors furnishing credit for the establishment, acquisition, maintenance and furnishing of said business and, in the case of a corporation, the names and ac3dresses of all officers, general managers, members of the board of directors as well as any creditors who have extended credit for the aoquisition, maintesiance, o�eration or furnishing of the establishanent including the purchase or aoquisition of any items of personal property for use in said operation. All applicants shall furnish to the City, along with their applications, complete and accurate docum�entation 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 operation or maintenance thereof. Documentation shall be in the form of a lease. deed, contract for deed, mortqage deed, mortgage credit arrangement, loan agreements, security agreements and any other documents establishing the interest of the applicant or any other person in the operation, acquisition or maintenance of the enterprise offering a massage. The ap�lication 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 restroo�m facilities and the size and type of equipment and facilities to be used. 125.05 OON'PEN'I'S OF APPLICATION FOR CERTIFICATE Application for a massage certificate shall 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. Evidence of the applicant's education qualifications, including originals or certifiec7 copies of degrees► diplomas or certificates, if any. 2. Eviaence of applicant's practical qualifications to practice massage. 3. E�idence that the applicant is of good moral character. 4. The names and addresses 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 cri.me or offense. 6. Evidence in the form of a current certificate from a licensed physician practicing in Minnesota indica�ing (a) that within the past 30 days the physician has examined 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 disease which would disqualify the applicant from engaging in the practice of ;nassage. d 4C Page 4-- Ordinance No. — 1982 125.06 LI(� FSE� LI(7�i.S�E II�IVESR'IGATIQJ FSE Ai�D LI(;�I.SB YB�R The investigation fee, annual license fee and license year shall be as set forth in Chapter 11 of the City Code. The license fee and fee for the investigation of the license shall be paic3 when the application is f iled. In the event that the application is denied or the license, once issued, is revoked, cancelled or surr�dered, 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 licensed 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 proposed change of ownership 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. � «;r+•� �� v• .�� •�+•� �• v� � ati � �:�� •,� «�•� �• vyr• The investigation fee, annual certificate fee and certif icate year shall be as set forth in Chapter 11 of the City Code. The certificate fee and fee for investigation for the certificate shall be paid when the application is filed. In the event that the application is denied or that the certificate, once issued, is revoked, cancelled 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 certificate, 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 paicl at any time when there is a proposed change of ownership or reapplication for a certificate wherein additional or different parties other than the original certificate holder are proposing certification. A certificate permitting the holder thereof to practice massage is nontransferable. 125.08 GR�NTING OR DII�TIAL OF LICII3SFS Ai� (�IFICATffi License applications shall be reviewed by the Police Department, Planning Department, Health Officer and such other departments as the City Manager shall deem necessary. The review shall include any inspection of the premi�es covered by the application by the Health Officer, Inspection Division and Fire Department to determine whether the premises conforms to all applicable code requirements. Recommendations shall be made in writing..to the City Manager. Thereaf ter, licenses shall be granted or denied by the City Manager subject to the provisions of this section. The applicant may appeal to the City Council from the Manager's c7ecision. Page 5-- Ordiriance No. - 1982 125.09 OOiI�IDITIOiN.S (�W�ING ISSZIANCE OF LICIIJSE 1. No license shall be issued if the applicant or any of its owners, lessee managers, enployees or ager�ts is a person of bad repute. 2. Licenses shall be issued only if the applicant and all of its owners, lessee managers, enployee5 and ag�ts are free of convi.ctions for offenses which involve moral turpitude or which relate directly to such person's ability, capacity, or f itness to perform the duties and c]ischarge the resp�nsi.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, been 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 develo�ment plans of the City► or (b) would otherwise have a detrimental effect upon other property or properties in the vicinity. 125.10 OGNDITIONS CY'JVII2NIIJG ISSUANCE OF CERTIFICATE 1. Certificates shall be issued only to persons of good repute and persons who are in goa3 health and free from any commun�cable 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 turpitude or which relate directly to such person's ability, capacity, or fitness to perform the duties and discharge the responsibilities af the occupation. 3. Certificates shall not be issued to persons who have, within one year prior to the date of application, bee� 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 issuec7 only to applicants who have fully and truthfully answered all of the information requested in the application, have paicl the full certificate fee and certification investigation fee. 5. Certificates shall be issued only to persons 18 years of age or older. 4D � Page 6-- Ordinance No. - 1982 125.11 RF�TRICTIONS At�ID R�(T7L�ATIONS l. No licensee shall enploy any person as a masseur or masseuse without first insuring that said employee possesses a valid certif icate for the administration 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 perf orm any massage or administer any such services between the hours of 11:00 p.m. and 8:00 a.m. on the succeec7ing day. 3. The licensee, masseuse, or masseur and any persons in their employ or agents or officers thereof and any and all persons with an interest in said busi.ness shall comply with all applicable ordinances, regulations and laws of the City of Fridley, the State of Minnesota and the United States Government. 4. If the licensee is a partnership or corporation, the applicant shall desiqnate a person to be manager and in responsible charge of the business. Such person shall re7nain responsible for the conduct of the business until another suitable person has be� designated in writing by the licensee. The licensee shall promptly notify the police department in writing of any such change indicating the name, address and telephone number of the new man�ager and the effective date of such change. 5. T'he licensee shall permit and allow the inspection of the pre�mises during business hours by any and all appropriate City e�mployees and agents. 6. The licensed premises must be kept and maintained in a sanitary condition defined as being free from the vegetative cells of pathogenic mircroorganisms and all equipqnent, personal property, tables, beds, towels, clothing and the like used in or for the puxpose of massage shall also be maintained in a sanitary condition as def ined 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 up�n clanand by any police officer or other authorized officer 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 adc]ress and telephone number and shall further advise the City of any changes in address or telephone number within thirty (30i days of such change. 10. Any person practicing massage within the City may do so only at prenises 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 employment or the location of his employment within the City within seven (7) days after such change. 4E Page 7— Ordinance No. - 1982 11. It is unlawful for a massuer to practice massage upon any person except a male and for a massuese to practice massage on any person except a fenale. 12. Any masseur or masseuse practicing massage shall have the upper and lower parts of his or her body covered and completely clothed by a non-transparent uniform at all times. 13. Ewery person to whrnn a certificate is issued shall ap�pear personally at the Police Department to receive delivery of the certificate and upon such appearance shall be photographed and fingerprinted for ic]entification purposes. �ne oopy of the photographs shall be permanently affixed to the certificate and a seoond copy thereof shall be kept in the files of the Police Department. 14. Each licensee shall kee�p on the licensed premises and for each licensed premises an occupancy or guest register which shall contain the true correct name, adress and phone number of each patron of the license8 pranises. 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 premises and open for inspection by officers, employees aind 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 two years. 15. Price rates for all services shall be prominently posted in the "reception area in a location available to all prospective customers. 125.12 OONSrRUC'PION Ai�ID MAII�TI'FN�NCE R�QUIRII�IIIaIS 1. Each licensed pranises shall have a separate restroom, locker room 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, mold or fungus and shall be maintained in a sanitary condition defined as being completely free from the vegetative cells of pathogenic 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, clothing and the like used in the massage parlor shall be of a sanitary design and kept in a sanitary condition. 3. Al1 restrooms shall be grovided with mechanical ventilation with two cfm per �c,uare foot of floor area, a hand washing sink equipped with hot and cold running water under pressure, sanitary towels and a soap c3ispenser. 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 include a mop sink. 4F Page 8— Ordi.r,ance No. - 1982 5. A].l roams in the licensed prenises including but not limited to sauna rooms, massage rooms, restroams, bathroo�ms, janitor's closet, hallways and reception area shall be illuminated wit.h not less than thirty foot candles of illumination. 6. Floors, walls and equipnent in massage roo�, restroams and bathrooms must be kept in a state of good repair and sanitary at all times. Linen and other materials shall be stored at least twelve inches off the f loor. Clean towels, wash cloths and linens must be available for each customer. 7. Individual lvckers shall be made available for use by patrons, with each locker having separate keys for locking. 8. Such licensed premises shall provide adequate refus�e recepticles which shall be emptied as often as required. 9. The doors to the individual massage rooms shall not be equipped with any locking device nor shall they be blocked or obstructed from either side of the door. 10. Main entrance doors to the premises and all inner doors to rooms that contain customers shall be unlocked at all times during business hours. 125 .13 HEAL� Ai�ID DI SEASE OO�Tl'R�L No person while afflicted with any disease in a comm�m icable form or while a carrier of such disease or wounds, sores or any acute respiratory infection shall work in or use ti�e services of any public massage roam and no person knawn or suspected of being afflicted with any such disease or condition shall be employed or permitted in such area or capacity. 125.14 REVOCATION, SUSPENSION OR NO�HI2ENEWAL OF LICEr1SE The license may be revoked, suspended or not renewecl by the City Council upon recommendation of the City Manager by showing that the licensee, its owners, managers, employees, agents or any other interested parties have engaged in any of the follawing conduct: 1. Fraud, deception or misrepresentation in connection with the securing of the license. 2. Habitual drunkeness or intenperance in the use of drugs including but not limited to the use of drugs, defined in Minnesota Statutes, Section 618.01, barbituates, hallucinogenic drugs, amphetamines, benzedrine, dexedrine or other sedatives, depressants, stimulants or tranquilizers. 3. Conduct inimical to the interests of the public health, safety, welfare anc] morals. �� G Page 9— Ordi.nance No. — 1982 4. Engaging in conduct involving moral turpitude or permitting or allowing others within their employ or agency to engage in conduct involving moral turpitude or failing to prevent agents, officers or enployees in engaging i.n oonc3uct involving moral turpitude. 5. Failure to fully comply with any requirements of the ordinances of the City of Fridley regarding sanitary and saf ety conditions, zoning requirements, building code requirements or ordinances, the violation of which involves moral turpitude, or failure to comply fully with any requirenents of this ordinance. 6. Conviction of an offense involving moral turpitude by any court of crnr�petent jurisdiction. 7. Engaging in any conduct which wculd constitute grounds for refusal to issue a license therein. The licensee may appeal such suspension, revocation or nonrenewal to the City Council. The Council shall consic7er the appeal at the next regularly scheduled Council meeting on or after ten 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 affirmed. 2. That the revocation, suspension or nonrenewal be lif ted and that the certificate be returned to the certificate holder. 3. The City Council may base either suspension or issuance of the certificate upon any additional terms, conditions and stipulations which they may, in their sole discretion, impose. 125.16 PR�iIBITID A�,`l.'S No employer shall employ a person to practice or administer massage nor permit, suffer or allaw a person to practice or ac'uninister massag e un less that person has been granted a valid certificate pursuant to this ordinance and every employer shall require that the certifications be prominently and openly displayec7 on the premises in plain view. 125.17 LIABILITY FOR CRIMES OF AI3DTHER Every person who conanits or attempts to commit, conspires to commit or aids and abets in the corr�nission of any act constituting a violation of this ordinance or any act, which constitutes an omission 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 of 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. 4 FI Page 10 -- Ordinance No. - 1982 i�.is �,� 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 misdeneanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of the Fridley City Code. PASSED AI�ID ADOPTID BY �IE CITY OOUNCIL OF THE CITY OF FRIDLEY THIS AAY OF , 1982 WILLIAM J. I�E - MAYOR A�TEST: SIDNEY C. Il�'9t1t3 - CITY CLERK First Reading : February 1, 1982 s�na R�a�: Publisn : 4I �.•.� 1 �� ' �- � AN OF�� A1�DIl�G (�Yt'ER 11, SDCTION 11.10 , OF THE FRIDLLY CITY CUDE ENTITLBD LICENSFS AND PERPIITS; BY ADDII� LIC�ISE FII� FOR �E �"ERATI�1 Ai�ID �PENANCE OF SAD1�S Ai�D MASSAGE PARi�URS, Ai� BY ADDING CERTIFICATE F�.S ZU PRALTICE OR ADrlINISTER MASSAGE IN THE CITY OF gItIDI,Ey AlID CpR�tDCTING ZSB SOB.TBCT FOR OODE 116 Fli�i SAIJI�Fi ZO �� I�)C!!S THE CITY CAUNCIL OF THE CITY OF FRIDLEY DOES ORt1��IN AS FOLLOWS: That Chapter 11 of the Fridley City Code entitle "Licenses and Permits" be aanended by addi.ng the follo�ring fees to Section 11.10: OODE 125 125 125 125 116 SU&7DCT: Saunas and Massage Parlors (Business Investigation Fee) Saunas an8 Massage Parlors (Operation and Maintenance) Saunas and Massage Parlors (Certificate Investigation Fee) Saunas and Massage Parlors (F�nployee Massage Practice Certicate) Suntanning Rooms 5 FEE: $1,500 $3,000/Yr. -� $ 100 each $ 50 eacY�/year $ 500 PASSED AND ADOPTID BY THE CITY OF FRIDLEY THIS DAY OF , 1981 ATl'EST: SIDNEY C. INMAN - CITY CLERR First Reading: Second Reading: Fublish: 0 February 1, 1982 WILLIAM J. NEE - MAYOR � CITY OF FRIDLEY PLANNING CON�IISSION MEETING, FEBRUARY 3, 1982 CALL TO ORDER: Vice-Chairperson Oquist called the February 3, 1982, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Mr. Oquist, Mr. Saba, Ms. Gabel, Mr. Svanda, Mr. Kondrick, � Ms. van Dan Members Absent: Mr. Harris Others Present: Jerrold Boardman, City Planner APPROVAL OF JANUARY 6, 1982, PLANNING COMMISSION MINUTES: MOTION BY MS. GABEL, SECONDED BY MR. SABA, TO APPROVE THE JANUARY 6� I982� � PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 1, CONSIDERATION OF A REPLAT OF INNSBRUCK NORTH TOWNHOUSE PLAT 5, BY SUBURBAN ENGINEERING, INC. P.S. 81-04 , OF BLOCKS , 3, 4, A D PART OF LO , K , ecause t e construction i not o ow t e ot ines as p atted. Genera�Ty located between West Bavarian Pass and Brenner Pass N.E. Mr. Boardman stated this was the same replat that went through Planning Commission and City Council recently. There was concern by the City Council and Darrell Farr that if they had to go through the replat, they would have to rename the plat, and by rer►aming the plat, they would have some problems with the 7ownhouse Association. They would need all the signatures of the members of the Townhouse Association, and that could take up to two years to do that. Mr. Boardman stated Staff looked at the City platting ordinance, and the platting ordinance does allow variances. The Planning Commission can grant a variance to the plat due to conditions of hardship. A7so, the State Law allows a correc- tion of the original plat to be filed with a certificate of survey. Rather than� going through the whole process of replat, they can allow it to go as a surveyor s certification. That could be filed directly with the County. However, it would have to be brought to the Planning Commission as a preliminary plat. The Planning Commission would have to take the action of waiving the City's process and submit those recommendations to the City Council. The City Council can then approve the correction of the plat based on the certification of survey. He stated this is the direction he would recommend the Planning Commission take. 6� PLANNING COMMISSION MEETING, FEBRUARY 3, 1982 PAGE 2 MOTION BY MS. GABEL� SECONDED BY MS. VAN DAN, TO WAIVE TXE FINAL PLATTING PROCEDURE ON THE REPLAT OF INNSBRUCK NORTH TOWNHOUSE PLAT 5� BY SUBURBAN ENGINEERING� INC. (P.S. l�81-04)� OF BZ,C)CKS 1� 3� 4, AND 5� AND PART OF LOT 1� BLOCK Z0� AND TO RECOMMEND TXAT THE CITY COUNCIL APPROVE TXE SURVEYOR�S CERTI- FICATIDN OF CORRECTION. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAZRPERSON OQUIST DECLARED THE MOTIDN CARRIED UNANIMOUSLY. 2, RECEIVE AND DISCUSS THE HUMAN RESOURCES COMMISSION WORKPLAN: MOTION BY MS. VAN DAN� SECONDED BY MS. GABEL� TO RECEIVE THE HUMAN RESOURCES COMMISSION WORKPLAN. Ms. van Dan stated this workplan was presented to the City Council at their conference meeting on Jan. 25 and was discussed informally. It was her impression that the City Council considered it an appropriate workplan, and she understood it would be presented to the City Council officially at their meeting on Mar. 8. Ms. Gabel stated that the Human Resources Commission and the Community Development Commission, along with Mary Cayan, Staff Person, did an excellent job on their workplans and should be commended. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE AND DISCUSS THE COMMUNI7Y DEVELOPMENT COMMISSION WORKPLAN: MOTION BX MS. VAN DAN, SECONDED BY MR. SVANDA� TO RECEIVE THE COMMUNITY DEVELOP- MENT COMMISSION WORKPLAN. Mr. 4quist stated the Community Development Commission workplan was also presented to the City Council at their conference meeting on Jan, 25. He felt both the Human Resources Commission and Community Development Commission's workplans were well received by the City Council. UPON A YOICE TTOTE� ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTIDN CARRIED UNANIMOUSLY. 4. RECEIVE AND DISCUSS THE ENERGY COMMISSION L40RKPLAN: MOTION BY MR. SABA� SECONDED BY MR. SVANDA� TO RECEIVE THE ENERGY COMMISSION WORKPLAN. Mr. Boardman stated that both the Energy Commission and Environmental Quality Comnission workplans will go the City Council at their conference meeting on Mar. 29. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. �- PLANNING COMMISSION MEETING, FEBRUARY 3 19$2 PAGE 3 5. RECEIVE AND DISCUSS THE ENVIRONMENTAL QUALITY COMMISSION WORKPLAN: MOTION BY MR. SVANDA� SECONDED BY MR. ICONDRICK� TD RECEIVE THE ENVIRONMENTAL QUALITY COMMISSION WORICPLAN. Mr. Svanda stated Staff has done a tremendous job in helping put this workplan together. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAYRPERSON OQUIST DECLARED TXE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE JANUARY 5, 1982, PARKS & RECREATION COMMISSION MINUTES: MOTION BY MR. KONDRICK� SECONDED BY MS. VAN DAN, TO RECEIVE THE JANUARY 5, 1982, PARKS & RECREATION COMMISSION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE JANUARY 7, 1982, HUMAN RESOIlRCES COMMISSION MINUTES: MOTION BY MS. VAN DAN� SECONDED BY MR. KONDRICK� TO RECEIVE THE JANUARY 7� 1982� HUMAN RESOURCES COMMISSION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION � CARRIED UNANIMDUSLY. 8. RECEIVE THE JANUARY 12, 1982, APPEALS COMMISSION MINUTES: MOTION BY MS. GABEL� SECONDED BY MR. SABA� TO RECEIVE THE JANUARY I2, 1982, AP AEP�LS COMMISSION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. RECEIVE THE JANUARY 12, 1982, COMMUNITY DEVELOPMENT COMMISSION MINUTES: MOTION BY MS. VAN DAN� SECONDED BY MS. GABEL� TO RECEIVE THE JANUARY 12� 1982� COMMUNITY DEVELOPMENT COMMISSION MINUTES. UPON A VOICE VOTE� ALL VOTINC AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. ' 10. RECEIVE THE JANUARY 13, 1982, ENERGY COMMISSION MINUTES: _MO?'ION BY MR. SABA, SECONDED BY MR. SVANDA� TO RECEXVE THE JANUARY 13� 1982, ENBRGY COMMISSION MINUTES. UPON A VOICE VOTE� ALL V01"ING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. i i 6C PLANNING COMMISSION MEETING, FEBRUARY 3, 1982 PAGE 4 11. RECEIVE JANUARY 14, 1982, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION BY MS. GABEL, SECONDED BY MS. VAN LiAN, TO RECEIVE THE JANUARY 14, 1982, HOUSING & REDEVELOPMENT AUTHORITY MINUTES. UPON A VOICE VOTE� ALL YOTING AYE� VZCE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. RECEIVE JANUARY 21, 1982, SPECIAL HOUSING & REDEVELOPMENT AUTHORITY MEETING IN ES: MOTION BY MS. VAN DAN, SECONDED BY MR. SAEA, TO RECEIVE THE JANUARY 21� 1982� SPECIAL FIOUSING & REDEVELOPMENT AUTHORITY MEETING MINUTES. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE 1►lOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION BY MR. KONDRICK� SECONDED BY MR. SABA, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE FEBRUARY 3, 1982, PLANNING COMMISSION MEETING AA70URNED AT 8:59 P.M. Res ectfully subm'tted, �� Lyn Saba Recording Secretary TME CITY OF Fq! L Y DATE �Fphr FROM �D.pW�erro SUBJEC7 DIAECTORATE OF PUBLIC WORKS ardman - Planning Replat of Innsbruck North Townhbuses Plat 5 MEMO N0. 82-12 TO John Fl 6D` MEMO R AN DUM ACTIONI 1NF0. The Planning Comnission at their meeting of February 3, 1982 recommended to the City Council that they waive the final platting as allowed under Chapter 211.17 of the Fridley City Code and that the correction of Plat 5 be handled by a"Surveyor's Certificate of Corrections" (Chapter 505.174 Mn. State Laws). This determination was based on a finding that the regular platting procedure would place undue hardshi.p on the developer and the association whose by-laws are specifically established with Pl.at V incorporated. A replat would require a change in the association by-laws and could take up to two years to modify. The changes being proposed by the replat are only minor modifications to an existing plat which fails to correctly describe the platted property. The County is in agreement with the Planning Cortunission recommendation and will process the Surveyor's Certificate of Correction. JLB/de uE � MEMORANDUM Januarq 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 aze 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. 7 City of Fridley APP��aLS CO��SIOIu: I�TI1Cr, - D�C�I�'...xR 15. 1 CALL TO 0_��t: Chairwoman Gabel called the mber 15� 19�1, Appeals Commission �leeting to order at 7�35 P.m. OLL CALL: riembe Present= Patricia Gabel� Alex Earna. Jean ou� Jim Plemel l��embers Absl�: I'ionald FIippen Others Presents rrel Cla rk� City of Fridley Pau . Janiel I�.PP�OVF APP;�.GLS COr��:IS�IO� 1��Ii�S 0_ IvOVi��,'�� 17, 19R1t 1.�OiIO;? by 2•ir. Barna � seconded by l�is. erou to approve the l�ppeals Co�nmission minu'.es of November• 17� 1981� with the lowing corrections noted by Ci^.airwoma.n Gabel: Page 2, 4th line from the bottom o he long para�raph the sentence should read ...alot of traffic but if the hous hould be sold and another business of a different nature were to go in ther t might generate a different ' type of traffici Pa ge 2, second para�raph from the bo �om sentence should rea.d UPO.: i� VOICE VOT'�� 'n�IT'H I�SSRS. HIPt��T 1+AiD }3I.�N.4 VOTII1t: `:.� A:�D C:ih�'�?O;iE!id GA�L ATD I✓;.5. GF�iOU VOTING Nl:Y� ...1 Page 3, last para�r�ph� th sentence delete it at the end of the sentence and add putting their sign on the ^'P .-�'hael Huto . sign; Paee 4� 2nd sentence from the top add to the end of the sent e and it is unlikely that the fee would be waived. UPO;� A VOI� VO t�� ALL 'JGTI:vG 'F� C"rik:�'c:�TO.�� GA�;L L�.CU�wD THE �OTZOT� CtiP.R�� Ut3r�L`:OuSLY. l. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY GUDE, TO REDUCE� THE PARKING SETBACK FROM 20 FEET TO 5 FEET ON A COMMERCIAL PARKING LOT, LOCATED ON LOTS 16 AND 17, BLOCK 13, ALONG WITH THE NORTH HALF OF VACATED 59th AVENUE N.E., HYDE PARK, ALONG WITH LOT 9, BLOCK 3, BENNETT PALMER ADDITION, HE SAME BEING 5905 UNIVERSITY AVENUE N.E. �Request by Paul D. Daniel, Zantigo, 4740 West 77th, 3uite 160 Edina�N 5�435). NOTIO'; by :�'r. ^�rna � 4eccnded by t's. Gerou, to open the pu�lic henrir_g. UPOti A VQ �C'� VOT�. �1LL VOT�iG AY�. CHAIRl�OI�':Ai3 GABr.L Dr�CZ:A�i '"�:: DL'�LTr H��i?Il�'J 0�� AT 7:40 P.M. Cha�rwoman Gabel read the Staff �eports ADMINISTRATIVE STAFF REPORT 5905 University Avenue N.E. A. PUBLIC PURPOSE SERVED BY RE�UIREMENT: Section 205.104, lE, prohibits off-street parking in any portion of the required 20 foot front yard. �` Public purpose served by this requirement is to reduce visual pollution in the front yard and to provide desired front yard space to be used for landscaping and'screeninq to add tA the aesthetic appearance of a comnercial zone. 7A a als Co�nmission I�:eetine - Dece�rber 1 1981 i'a''Q 2 B. STATED HAR,IISFIIP: "Existing setback is 12.5 feet. The 5 foot setback is necessary for angled parking stalls (2 stalls) and the ar�gled parkii;g is r��ces�ar=• for traffic flaw. The original building was built before this Oode requirenent was adopted." C. AI]MINISTR.ATNE STAFF REDIEW: They would not need this variance if they would eliminate the two stalls closest to University Avenue, however they need every available stall they can get. Therefore, if the Board recommends approval of this request, the staff has no stipulations to suggest. • r'r� pa�l L. Daniel. 47Z►-0 Viest ?7th Street, Edina� ?�:in�esota was preser:t. �n aeria2 photo�raph of the property was available. ChairGroman Gabel inquired as to the cause of the change in the parking systerr.. N:r. Clart noted that Zantigo was adding a drive�p window. Chairwoman Gabel further asked if these two extra spaces were necessary to meet the required nu�rber of stalls and i�r. Clark replied that they ware. The new drawing inoicates 23 parking stalls whereas there used to be 39� but added that the drive-up will eliminate the need for some of the stalls. Chairworr�n Gabel asked what the actual requirern.ents were and r:r. Clark res;�onded that the req�iire�nt is one stall for each four pat.rons plus employees. �Then it was figured by the City they used one stall for each t:�ree patrons with the present seating allowing 4Q� plus six employees at. peatc periods so nineteen or twenty at minimum. T"r. Dzniel added that usually about 50,� of t:�e business is drive through once it becomes known tha � the drive throuah exists, Chairwoman vabel noten that the fronta,�,e road is very busy and questioned whether it �.�as wise to decrease t5e setback. Mr. PleMel added that there �as no parking on the fronta�e, so if access to the parkin,�, Iot was not available it would create a hardship for the business. ;�'r. Daniel noted that if traffic congestion became a problem the drive throu�h would be discontinued as it would be bad for business. Chairwoman �.bel asked if any curb cutting had been done and r:r. �niel replied that it had been cut stra ight as they ware trying to beat the weather and if the variance was not approved the araa would be striped and not used. Chairwor�n Gabel asked for i•:r. Clark's opinion. He replied that the present plan had been reviewed with the Planning and En�ineering �epartments and this was t.he most viable soZution and add�d that a.ltnough the frontage road is a very con�ested one� the uarlang stalls were necessary to alleviate bacic-up on the frontage road. Is. fiarna mentioned that the existing setbac� is presently 12.5 feet and they want it reducad to 5 feet so are really only talking about 7.5 feat which he felt would not rr� ke a si�nificant difference. is. Ple�nel also added that they were basically to be dealing with the aesthetic eff'ect.and thEy were just losing some sidew�lk which a;ain would not rake a siEnificznt difference. I�'0"'?0?v by r;s. Gerou� seconded by I'r. Earna � to close the public hearinu. uPOi: ii VOI� VO""� � ALL VOTIIvG AYE � C�iAI1��.0ll�iv G:i��L D1�CLA�:.il i n� Pu�LI� �.:��RL''•'�r CL��.:� pT `?:Ob P.t�i. A�psals Commission Meetin� - Dece3nber 15� 1981 Pg� 3 MOTION by, Ms. Gerou� seconded by N.r. Barna to recommend to the City Council through the Planning Commission, approval of the variance to reduce the parking setback from 12.5 feet to 5 feet on lots 16 and 17, Block 13� along with the north half of vacated 59th Avenue N.E. i�yde Park, along with Iot 9� "Block 3� Bennett Palmer addition, the same being 5905 University Avenue N.E. UPON A YOICE VO�. � 1�LL VOTING A� � CHAIRWOMAN GABEL IIECLARED TI� MJTION CARRIED UNAhIM0U5LY. MOTION by Mr. Barna� secon3en . ALL VOTIlJG AYE, CHAIRWONIAN GABEL DE D�GEh�ER 15� 1981, A.DJOURNED AT 8:07 Respectfully Submitted, _� � �� y � V 1 \ .� Pat Von l�k�sch Recording Secretary Plemel� to adjourn. UPON A VOICE VO�� _ ^ AP�ALS COI�iISSION I�TING OF P.M. f!�, ^ N LoGAT'�on 2 .../ �oa anos � . N .. �� n� � : ........ � � : � � � � Q •�Wi � �� '""� Variance.Request � - 5905 University - Zantigas _ \ I �z l �'�el� � R1� �"-'� i"•'�'1--J�' ;r : 7 t�o �� 1��``�� ; � (n �� J� � 'r� ; �� ' �� _'� D�.�.. �� ;�; �� -� ,.�. � ^ �]f ±.1, r I'I F'� I.tII� � � •�U �f I ��r. t i t �Sr_ l:a , ��— �_ r o I I�� 6� au • \ . �v C=j'W'�\ c � / � �I� \� ( �° ��{� • i � � ,��J. 1f {{{///�� a � � I�� "'�� ', ��; � �, �.,�,::il� � . .......� � Y . � .� �niiti : � �� '� � M � �Y�1M '.L�-� � ��;L`� ... � r � � iwou� ea — �c�►w oo. wrcuou: �pINNG I�ItE MIIK �u��_,� •�.iL� & � �� ' �� 0 �; �"�� ,..,.�.� �,,.. � �...w � � �� . ��l �. «..., ._._�_ _ • � -; ; :T' � • 4'r /p� � 1 \ � � t J�;s.� ��rul JII,��J ul i�91 I�.,�J�...�Gi" _ .. .. ; � ! � � f r�� r-- - • � o� I �� j � s'M-��;��y � r �y� r� r � }� .a.._ �� e � M L�� —L�I� �� y �� _�� s_1■/ �� : 5 � �L+f.su_'J_�� r-�� Ci C .��, �,�� a� J�� , ..v�.... �. ,.� �� r--�— � ...m._ ��.«b..�.,.. � , � , .......... � ' �-�� /'7s' . i!. >;;.�.,.�. 691 � r+ �rj'! , �y �.. a. � �y�U U � � � • t M[ NM —� ��• •� -� ��aal r_r�[ .� � � +r*�� -�_.n.:r •J `;1 ,- w �� "_ _ �,�"'�j�^� I !r\� . Mis � :.+A�� M• J 9 _/ �w�/ � �i�i �� K-'�1 �'� :L��'�",: ~� ♦ ��rr�i.°i y °�T��_ �_S� e qV��40t1• .;e�;,. Es ��n�� '---� w�uwu � c ��arts STREET MA.P-CITY OF FRIDLEY 0 3�333 6,666 �� ..�� r - , � 1 7D ,___ _ . --------------- — �,..5.•,�o.e.R _ . . Variance Request 5905 University Ave. Zanti gos y�M.s� . _ _ „ i ,�f � ,� �� w..,� _�� r . �. �. -. ..� M..: � � � a j � -�� • �n w+c. N�w��t.rc �' . f� � �`� _° � � � � � _ �,�rZ 1 � 1 � � 2� - ` n,�c�na�- ' Q p,�wwr. . `� � t � � � . �. ��ow- q�_�� L� _ _� - f-, � c e�.� oa�. c.�a�r � • �3 EO'y�, 11reW.1lllf�� ' �/ 7 � ' � � � I � ► r / � Gl �1 • '�`� f. � i , � -p.raa scs7 � : ` / ��, �-� <�_� ' � ��, �� "�S � a*� y -_��v�w. w�.irr.� � City of Fridley g CHARTER CO:JI:�IISSION AZEETING TUESDAY� JANUARY 5� 1982 PAGE 1 ,.�_-__ ---- CALL TO ORDER� Chairman Ash called the Charter Commission meeting of January 5� 1982. to order at ?:35 p.m. ROLL CALLr Members Present� Clifford Ash� Jean Schell, �lalt Starwalt, Larry Commers, Bob Pierce, Peter Treuenfels. Robert Schmidt. David Pinks. Pat Kindom. Bruce Nelson ( arrived @ 7 � 40 p. m. ) '�Iembers Absent: David Schaaf� Robert Peterson, Irene '�iaertens. Francis van Dan� Susan Jackson� Others Presente William Hunt� Administra�ive Assistant to City M anager APPROVAL QF !vIINUTES OF NOYE;�IB�R 1Q� 1981-- Chairman Ash questioned if there were any additions or corrections to the minutes. ;4r. Starwalt stated that on page 1, under Sub-Committee Report� the fourth line down the thir��' word in� should be 'way', not 'was'. i��r. Starwalt stated ti�at on page 2� under Redistricting� the seventh line down� the thirteenth word in should be 'drawing' not 'srawing.' - �P�;OTZ�N b�r "�4r. Treuenfels� seconded by 'dr. Starwalt, to approve the corre�ted Charter Commission minutes of November 10, 1981. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRViAN ASH D�CLARED THE °�lOTION CARRIED UANANIMOUSLY. APPOINT NO'�9INATION CO�,I:7ITTEE: Chairman Ash stated that according to the B�r-Laws� a nominating committee is to be selected. :•;r. Ash questioned if ;�]r. Starwalt would be the committee �'�airman? ��r. Starwalt stated that yes he would accept� the Chairmanship of the Nominating Committee. �Ir. Ash tnen asked who else would like to volunteer for this committee? i�r. Treuenfels and �lr. Pierce both irolunteered to serve on the committee. �Ir. Ash stated that according to the By-La�rs� the Nominating Committ�e's report must be submitted ten days before the �larch meeting. The :viarch meeting is scheduled for i�larch 2nd. ;;r. Ash stated that this should be given to Dorothy Evenson� so that she could mail the Nc�minating Committees report ten days before the:"arch 2nd meeting. He further stated that this would mean that the February minutes would have to,be ready early also. : � Charter Commission Meetin_gLJanuar _,�, 1982�_,-_ Page? AFFII��ATIV� ACTION ISSUE � �ir. Ash stated that he had received a call from �ir. Yan Dan requesting that this issue be tabled for the next meeting. M r. Ash questioned if anyone had any objections to continuing to table this item as requested? No objections were raised, and Chairman Ash stated that this Affirmative Action Issue would then remain tabled until the next meeting. SUB-CO�fI�iITTEE_ REPORT _ Section 2.03 - :�r. David Schaaf Chairman Ash inquired if anyone had spoken with ��Ir. Schaaf regarding the sub-committee report on sectinn 2.03 since ?+Zr. Schaaf was not in attendance? TV[r Schmit stated that he had spoken with T�Ir. Schaaf � and had oeen informed that he had planned to have the report delivered to City Hall. ',�r. Hunt volunteer�d to check with the City Police Department and on '�Irs. Evenson's desk to see if the report had been left at either locations. M r. Hunt returned. and sta�ed that he . had been unable to locate the report. Chairman Ash inquired if the Commission would like to discuss Section 2.03� take some action on this, or wait until the next meeting for :�Ir. Schaaf's report? :dr. Pinks stated that he felt that Mr. Schaaf put in a lot of work on this report and that he would think it best to wait until the next meeting to hear from:�ir. Schaaf. Discussion ensued on the different senate and congressional districts. ?�ZOTZON by "dr. Starwalt� seconded by Ms. Kindom, to hold over to ths next meeting section 2.03 UPON A VOICE VOTE� ALL VOTING AyE � THE N10TION CARRIED UNANI:�'IOUSLY. . � Janua� 5. 1 8?i.______.�_ Page� Sh��' �Gion �,2s�in�. - Sub-Committee Report� M r. Ash stated that this item had not been�p�athat ittshouldnbe because it was not received early enough� placed on the agenda. H e further stated that the person heading this sub-committisWre uesting thatrthisWitemsbe�held overrado� so that Mr. Ash q until the next meeting. OLD BU SINESS: There was no old business. NE'�i BUSINESS: Charter Commission meeting schedule - 1982 �lOTION by Mr. Nelson� seconded by :+�r. Treuenfels to adopt the meeting schedule as typed. ,,,qr. �ierce stated that he would prefer the third Tuesday of each month if that would not adversly affect anyone else. �Ir. Ash took a poll of the Commission members present. All the Commission members present stated that changing the Commission meetings to the third Tuesday of the month was agreeable to them. M r. Ash requested that �Irs. Evenson take a pol.l of the members toaseerifathistchangeSwouldlnottagree�witheanyXOf �ne eting them. r°r. Nelson, and °�ir. Treuenfels withdrew their :�lotion to adopt the schedule as typed. ADJOU RN��ENT e ;�i0TI0N by b1r. Treuenfels, seconded by :dr. Pinks to adjourn the �GaA�r CHAIRZAN�ASHeDECLARED THE P�1EET�NGEADJOURN D� VOTIN AT 8:05 p.m. Respectfully submitted, � - l�� Elaine R. Reed Recording Secretary � City of Fridley CATV Advisory Commission l�Ieetin� - Thursda,,�� January 28, 1982 __ Page 1 CALL TO OttDER s Chairman ��eaver called the CATV Advisory Commission ffieeting of January 28, 1982, to order at ?t30 p.m, ROLL CALL: �Iembers Presents Burt Weaver, Duane Peterson� Ed Kaspszak� I,arry Chevalier Ne:n`�ers Absentt Harold Belgum Others Present= Clyde i✓oravatz� City of Fridley Gary Matz - uerbst & Thue� Ltd. ' Terry 0'Connell - Northern Cablevision paul K,aspszak - A,C.C,W, Willia�r. Hunt - City of Fridley Tom ;;acaulay - Storer of b:iami Will Loew-Blosser - A.C.C.W. Anne Davis - N.CCB� St. Paul -' N,ark Scott - A.C.C.W. Fau1.a I�euman - A.C.C.l�i. n,riuer ,Kei ;;oit _- �rkin Hoff'r�an �aly & i.indgrer. ru�nala wi�11�s - Yublic I.n�.erest Ca�le Chairrian ti�;eaver asked the Co:nmission members to pause� a mor,.ent in honor of the death of Lee �iorma.n. APP�OJE CA,V COP��:ISSION NIl�TU�S Or NOJET�� 12, 1981� and DETI:�� 3, _1981: �r. Kaspszak noted the following errorss pa?,e l�last para�raph� line 1 Jan ?�orman not :•�orthern; page 6, under Paul f:aspszak, line 2 Poll rot Bowl and line £? was r,ot �ray be; page 6 under John t:ing� line 3 edacation misspelled; page 10� ur.der Paul t{aspszak� line 1 potential of not t+ut; pa;;e 10 co�n�ent bv Chairman tiJeaver should read Zf we had the n�oney to spend, �,=ould it help �rore � to buy editing equipn�ent or six port-a-packs? I�.OTION by 2�:r. Y�aspszak, seconded by I�ir. Peterson. to approve the C?�'"V �oi!urissior. ninzt.es of PYove��;ti.�er 12. 1951. as corrected. UPO\ A VOI�� VOT�� ALL• VO'TT��G AY�, C�L4I.ti�.r"u•J ''J�AVr,� D�CLARED iF: 2+"i0i'I01� CARRI:�D U\'AP.Il�lOUSLY. i��r.�Chevalier noted that the word reordering was used on page 2� lines 13. 37 and 4$ and should be replaced by reor�anizing in aIl tnree instances. Chair�ran 1-;eaver noted t?�e followin5 errorss pa�e �+� line S, bE�in the sentence with Fridley is now in a eood .., line 15 end of sentence should read if we ta ke the ..� line 16 end of sentence should read haven't �•e just prolon,�,ed...� line 21 sentence should read Fridley now has ths chance,..; pade 5 line 6 r•;CCB not PICCB� Iine 15 add we between that and first. line 17 begir sentence 'rTe k*ould.. lines 25 and 26 de:Lete frorr. r:r. F,aspszak ...inforration, line 39 insert we between since and Imo��. T:r. Peterson added that on page 3 the a a � t:�e �nd of sentence 19 should be de]�ted and system made plural in line 20. . _. 9P, CATV Advisory Corimission r;eeting - January 28. 1982 Pa�e 2 r:OTI0:�1 by 13r. Chenalier. seconded by Mr. Peterson, to approve the CATV Comrr.ission minutes of December �, 1981, as corrected. UPON A VOICE VO�E, ALL YOTII�?�J AYr.. CHAIRIf,AN 4JyA�R DF,CLAR ;D TI� ri0TI0N CARRI^=D UNAR'Il�tISLY. ATTOR.I��EY'S POSII'ION Oh ACC�SS CHAAndEIS A?�T'� SPO�SO.�.S?iIPs N,r� Matz referred to the question posed at the November meetin�s concerning the use of advertising or sponsorships on the public access channels and the subsequent memorandum dated liecember 3� 1981, discussino this issue. In summary he stated that at one time there was a FCC restriction on advertisen�ents or co:n.�riercial messages on public access charuzels such rules being struck down in 19?9 by the Supreme Court. Thus� at this time, there is no FGC prohibition a.�tl:e use of commercial �:essages on access channels. At the same time. there is nothing at the State level prohibiting them either. It is the feeling of the 2•:CCB� informally. that sponsorships are pernissible� but that advertising raises anot.her question. Legal counsel feels that the Co�u^ission ma.y proceed on this question in tk*o wa.yse First� the r:innesota Cable Corsmunicat.ions Roard could be petitioned for clariiication on the question of advertising for access channels. Secondly, the i•:CCB could be petitioned to undertake a rule-malcing session that would directly address advertising. I�.r. Iiaspszak asked i�,r. l�atz if this would include advertising on an educational channel by a school district and he responded that sponsorships would probably be accepta.ble, but the question of advertising on ar�y access channel would raise some proble�rs. A:r. j�aspszak stated that this would be an appropriate time for more specif ic clarification as it could make a difference in funding. Chairman ti�Jeaver asked Z:r. I�',atz how he would proceed on this and he said they would first submit a request to the E:tecu±ive D�rector of the i'ir.nesota G:ble COm»n�r;iCatj,t�ng �arci and aGk for clarificat.i�n. The r:CCE would� in turn. respond with an informa.l interpretation which would be subjeet to approval by the Cable Board itself. Chairr�n l�eaver asked Anna Davis what the time frame would be and she said perhaps for the F�bruary l�th meetin�� bui if not for sure for ihe I��rch r:ee�in�. Chair.r.an Weaver then asked Nr. 1�,atz to draft a request to the r�CCB for the information. I�r. I{�spszak added that he would like included in the request clarif ica�ion on the parameters of a sponsorship� what it can and cannot include. STAFF At:ALYSiS OF D�C�1�;� R 3 19?��. P�OPCSAL SUBI�`I:'T�D BY NO?TH�RI�i: Ns. i�tz referred to Iir. Herbst's r.:emorandum dated ►�ecember 1$, 1981� concerr�in� his analysis of P:orthern's presentation wnieh indicated there was not sufficient material to reach a complete decision. I�:r. Iierbst recomr�:ended serious consideration of the five year renewal; however. an Rr P does need to be submitted to ilorthern for more specif ic information. He also pointed out tnat there are risks involved in this process and did question wnether I�orthern would� in the five year franchise� agree to another fifteen year franchise and also whether Ivorthern would be involved in the franchisin, process in the neighboring comr,unities. He also stdted that he hoped to have a final RF P to the Commission at their FEbruary 1£th meetin� but� if not� for the Parch meeting. ;:r. Kaspszak questioned the chan�e in attitude between the December llth mer�orandum from City Staff to the City Ianager reco:r,mEnd- ing the five year franchise �nd the original fifteen year recommendation. Mr. I�`oravet2 explained that aft.er the Staff inem.orannum � the :ask Force received and discussed \TOrthern's proposal and decided to recommend the five year p�..an. 1•:r. Hunt • �7 CATV Advisory Commission rieeting - Janua� 2�� 1982 Pa�e 3 added that in the November 19th memorandum addressed to the City Iianager and depar+„ment heads� they simply recommended that the City be open to a period of ten years or more if requested by the provider, but a specific recommendation was not made. N:It�TIJESCI:'A CABLr. COT:�;UP7ICATIONS bOA.�D JURISi�ICTI0P1s In reference to the question concerning the r?CCB's jurisdiction over t?�e renewal process, legislation revealed that there is no question but that the State Cable Board does have jurisdiction in Fridley. r:r. Kaspsza.k questioned if they then could �randate Fridley's granting of a five year franchise. Is. i•;atz replied that the only thing the State Cable Board does re garding franchise term is to limit it it not r:ore than fifteen years. DISCUSSiOIv OF �X'T�t:y71�TG RATi�� T�iAN �i��IAL OF CATV FR11^;�HI�e Ext.ensian of the franchise would r.,ean maintaining the status quo and may leave soMe new needs unaddxessed. Qn the other hand� under the State Board reo lations r;r. If�tz did not feel the franchise could be extended rather than renewed. Chairman b:'eaver stated that you cannot just summa.rily extend an existin� franchise. but that it must be rer.eked. 'rir. Yvaspszak asked if renewal was possible simply by extending the ordinance rather than going through the RFP? Chairnan �leaver said t�at in order to grant a franchise beyond the expiration date� cerj�ain defined I�!CCE acts must be performed. Fridley could surunarily have the public hearin� and satisfy the state laws� modify the existing city ordinance by chan�ing the expirat.ion date and we would be back in business. :�:r. i�.spszak asked. if the R�'P was not required why had it been done? He furt.her stated that he was not specifically objecting to the RFP� tyut the fact that suddenly the five year franchise was being pursued without the Coririission mem'�ers having recomr.ended it. Chairman ',veaver explained tnat about the middle of Decen;ber he and 'Terry 0'Connell had appeared before the City Council. At that tinre the City Council indicated that they were in favor of going with the five year renewal. T.r. 0'Connell pointed out that the specific question asited the Council was ' �here are two opt.ior.s here � which one should be pursued?'. �,11 Council rr.e:nbers were individually polled and all respond�sc t.hat they thou�ht it would be a good idea� at this point, to put all energies into tne five year renewal. Chairmar, ;':=a:-ar zsked eaeh Cor:mission member for their opinion on the five or fifteen year plan. He noted, for the ' record, that three �ommissio:�¢s v�ted in favor of the fiv�a ye�r z�newal, one Cor�rr:issioner is soilewhat uncomfortable witz five years but r.o� sure about fifteer. years and that one Cormissioner was absent. Chairman l�eaver asked �:r. I-gtz wnat would hap?en with the Ri� P if he were to go thr�ou�h and char.ge all oi the five years to a seven or ten and r:r. �;atz indicated he did not see a problem wi�h t.hat. :�e� in turn� asked I?oi•ttiern the sar�e question and they responded that it would depend on the capital outlay. 1�,OTION by r:r. Chevalier� seconded by :•;r. Peterson, that the Cable Comrn.ission inform the City Council that their i.nterest or intent is to have a five year franchise term. UPO;v A VOI� VOT� � 1aITii Oi�� 2dA.Y V0,"r:, C�+IF.i�:ah H�AVE? D��LA.� Ti� r:OTION CARRTy.D. 9C CATV Advisory Comrnission I�eeting — January 28, 1982 Pa�e 4 If.r. :iunt added� for the purpose of clarification� that the ordinance states the franchise shall be renew�ed for five years. It �ras recomr�ended that the City be open to a longer period, ten years or more. The other end of the spectrum is the AiCCE requirement that the renewal cannot be for more than fifteen years, The initial sta.tement was that the City should not necessarily restrict its options to the sta.tement in the actual ordinance� but should explore other possibilities. At the second sta�e� the Staff Task Force felt the five year option should be explored in furtiyer depth. PRFS�;NTxTION OF FINANCIAL INFOR�lATION BY r?ORT�.R?� CABI:�VISIO;d: Ns. 0'Connell indica.ted that Nir. Herbst's office had requested information on their income statement showing gross revenue since Northern had taken over. He indicated that they had such staten�ents listing gross receipts and the 5� paid to the City for 1979� 1980 and 1981. ba. Chevalier asked Yr. i�;atz iF he was satisified with the inforination that had been supplied by Northern pursuant to his request and Y�. replied that theJ� had been very cooperative and that more speei.fie information would be brought out via the R�P. I�.r. ;:atz added that the only information not yet received were the income tax forms. i�;r. 0'�onnell noted that the probler� with the tax forms �.s that General �elevision is more than just Fri�ley, so pullina out Fridley's information is a complicated task. rs. i�aspszak noted that he wa.s sir:ply int,Erested in seeing a profit and loss staterient on Fridley for last year and asked Mr. 0'Connell if that was possible. I•'s. 0'Connell indicated that he would check with r:iar^i, He further noted that proof of suppor� for the access system had been requested for �:�ich he submitted copies of checks from the telethans, He also subrr.itted an outline of equipr!ent currently being used and estitrated value. He then explained� in detail, P:orthern's billing practice� samples of which will be attached to the minutes for City Council r:er:5ers. T:r. 0'Co�nell went on to explain the service/installation contract and the process followed with the handling of complaints. ;�IJ�L.IA.L ?�:PORT A."dU i•:CCB �QUIREA�P;TS: rir. I•:orzvetz noted that the preliminary draft had been completed and that the renewal report to be submitted to the MCCR and Northern Cablevision is currently - being written with completion of a discussion draft being available prior to, for consideration at� the next Consnission meeting, D::VELCPi•:�.N: Or F�E�U"�ST r 0� i2FP PROPOSAL r0 P�OR': i�R:d: Ch.airman v7eaver opened discussion of the RFP with the followin� state:r.ent= In reference to this draft RF'P� I believe it is essential tha.t this Cor�ur.ission emphasize to 1'orthern that the;� will receive the first opport.unity to nagotiate with us. However, it must '�e understood that if I�ort�iern Cablevision does not co:ne forth with a satisfact.ory proposal� this Con�rrissiorr wi]_1 not hesitate to open the bidding process up to ot?zer cornpanies. The RFP was then discussed with several modifications being made all oi' wt,ich are being incorporated into the draft to be presented at the February 18th meeting. 9D CATV Advisory Commission Meeting - January 28. 1982 Pa�e 5 RF-EVALUATE AI�'D ESTABLIS�i TINE .SC�DUIEi Chairman 47eaver noted that his would appear as agenda item 1 for the February 18 meeting. RECEIVE ACCfa AP.NUAL REPORTSt Chairman Weaver commended the relationship between the Anoka County Communications 1�lorkshop (ACC:�l) and Ilorthern. N•r. Scott� Chairperson of the ACC't�T� indicated that he �rould be happy to answer at�y questions concerning the Annual Report. Chairman Z-Jeaver noted the o,pen house that was to be held at the Workshop on January 31st from 2 to S P.m. and encouraged Commission members to attend. 1•x. Hunt referred to the financial statement at the back of the Annual Report notino that it didn't rsake sense and recon�mended to the Co�r,7r.ission that they encourage workin� within a standard procedure. tir. Scott briefly explained how t?1ey had arrived at tne stat•ed fiF;ures. Chairman Zr'eaver requested that the financial report be resubmitte3 at the �^ebruary 18 n�eeting in a more understandable forr�at so that it could be passed on to the City Council. *;r. Scott requested assistance from Is. iiunt in preparing the report. 0"'�� B'JS??��SSe 2�s. K.a.spszak asked what process the RFP would go �hrou�h following revision by F:r. i�atz. Chairman Weaver expTained that it would coMe back to the Com.mission at the February 1�'th meeting for approval� at whica tir.ie the Co_;.mission would recomr,end that it be passed on to the City Council. The City Council, in turn, forwards the RFP to I3orthern for cor!pletion. '"his would probably take place following their Narch meeting. rr. 2;atz noted that in inost new markets conpanies are allowed 90 days to cor!plete an RFP� but he wasn't sure if it would take the full 9J days in a renewal situation. however� he mentior�ed that t:�ere is room for flexibility within the time schedule that has been set. Mr� Rasps2ak asked about the possibility of beginning the Com��ission meetings at 7:�5 versus 7i30. The February 18th rseeting will begin at 7=4� p.m. ?�'r. ILaspszak asked ordi.nance fit in. and contract to the indicated that with be a replacement of sa id he would like being made. ADJOUR".ei�J�''�: s I;r. ?:atz where in the time frame the ar�end:�:ent of the :-ie responded that they would like to have a draft ordinance ' Coranissioners for the February 1'�th meetin�. Chairman itieaver the subs*�antial changes beino m�de� the na•.r orciin�nce aill rather than revision of the existin� ordinance. 2�:r. i��tz to, in n�ernorandun� iorm� explain section b;� section the chan�es ;'OTION by I�'r. Petsrson, seconded by ts. Chevalier, to adjourn. UPUI� A'JOI�:: VO:�� ALL VQT='G A'IL � C?�iAIitl;�;� 1:.kV'�R D� CIJ�-t�D '�� Ct1�"V A.LVI�Oi:Y COr":r;ISS rOP1 i•.ui.: T'idG OF JA:1U�Y 24 � 1982, I�JOL'R�'ED AT 10 s 20 P.Z:. Raspectfully submitted� pat Von i4osch 1� CIVIL SERVICE COMMISSION MEETING February 1, 1982 5:00 p.m. PRESENT: Jean Schell, John Hinsverk, Liz Y.ahnk, Public Safety Director James Hill Jim Hill informed members that the February 1 meeting is re�uired to elect officers of the Commission. He introduced new Commission member John Hinsverk, who replaces Ed Hammernick. Jean Schell then called the meeting to order. MOTION: That the minutes of the March, 1981 and November, 1981 meetings be approved. Seconded and passed unanimously. b90TION: That Jean Schell be elected Presid�nt; Liz Kahnk be elected Secretary. Seconded and passed unanimously. Jean noted that Officer David Sallman had been voted Police Officer of the Year and sugqested the Commission send him a congratulatory letter. Liz was asked to prepare�the letter. Jim reported on the status of the lists of names the Commission had previously certified. He will inform members when another meeting is neede� to certify a new list. MOTION: That the meeting be adjourned. 5econded and passed unanimously. Respe�tf lay ubmitted, � _.- � . � Liz �l�nk Secretary TME CITV OF FRIt�L Y DATE Februa DIAECTORATE OF PUBLfC WORKS 18, 1982 FROM D.P.W. Jerrol d Boardman - Pl anni SUBJECT Low and Moderate Income Housing Study MO N0. 82-13 TO John Flora 11 � MEMOAANDUM y ACTIONI INFO. We are in the process of completing the rough draft of the "Low and Moderate Income Housing Study" requested by the City Council. This rough draft will be given to the City Council and City Administration for review and comment on February 22, 1982. 41e would like to have any comments/suggestions back to us by March 8, 1982 so that we can make necessary modifi- cations and finalize the report. Although there is no requirement for public hearing on this study, Chapter 515 A. 1-105 of the Minnesota State Statutes (Uniform Condominium Act) requires a public hearing on any ordinance or charter provision prohibiting or imposing reasonable conditions upon the conversion of multiple residential buildings to the condominium form of ownership. If the City Council feels it is appropriate after their review of the draft study to hold such a public hearing, we will have to follow the necessary steps for adopting an ordinance. The soonest we could hold this hearing would be on March 22, 1982. I will be available to review the study with the City Council at their February 22, 1982 meeting if you feel it is appropriate. JLB/de . 0 � w •• �� :; I�iS!lOR�PDOI�I 10: JII�[ HILL, ALTIDIG CITY MANAGIIt F1iLM; SIDNEY C. II�,Ni DIRDCI�OR OF CII�A�iAL SF�VICES SUI3JF]C1.': COUNCIL APPRdVAL OF SUREl'Y BC�ID AMOtJrflS FOR �IE FIRE RII,IEF AS90CIATION S�CRErARY AI�ID TREAStTRER DiATE: FF�R[)ARY 11, 1982 During the 1980 Audit of the Fridley Volunteer Fire Relief Association, the Auditor pointec7 out that a requirement in the Association By-laws, Article I, Section 3, stated that the Secretary "shall furnish a surety bond to be approved by the City Council in an a�nount specified by them". Section 4 states that the Treasurer "shall prior to entering upon the duties of his or her offioe give a good and sufficient surety bond in an amount as set by the Board of Trustees and approved by the City Council". State Statutes, Chapters 424.06 and 69.3 which covers Relief Associations specifies the bond requireqnent and authorizes the Association to determine the Bond amounts. The curre�t Bcnd amounts were set by the Soard. The amounts were reoo�enc3ed by the State Relief Association Secretary after his review of the Relief Associations internal dispers�nent procedures. Both the State Auditor and the George Aansen Company have made no negative comments about the amount, but merely reguest that the City Council approve those. Therefore, I am recommending that these be placed before the Council for their concurrence. If you have further questions, please feel free to let me know. SIfbd 18/9 , United States Firc Inwrance Company A New Yo►k Corporation Home Ofiia: New Vork, N. Y. Inumational Inwrance Company An Illinois Corporstion Home Offia: Chiesgo. Illinois Westchester fire Insu�ance Compmy The North River Insurance Compsny A New York Corpwation A New Jersey Corporatio� Hpme pifia: New York. N. Y. Home Office: Township of Morris, N. J. CRUM 6 FORSTER 1NSURANCE COMPAN/ES ADMINISTRATIVE OFFICES: Madiwn Avenue �t Csniield Rosd, Maristown, New JeneY OFFICIAL BOND eond No. 6�5 �5�6 12 A KNOW ALL MEN BY THESE PRESENTS, That we Jarr.es Saefke of Fridley in the State of M1riY1BS Ott1, as Principal, and The North River Insurance COIDpATly , a corporation as designated above and authorized to become sole surety on bonds in the State of Minnesote� , as Surety, are hetd and firmly bou�d untu �'ri d1PyL ZTolunteer Firefit�hters Relief Asso� a�ion _ — in the State of Ninnesota , in the full and just sum of and 10 '��*�'�'�� (S 7 0� 000.00 _ 1 Dollars, lawfu{ money of the United States, for payment of which well and t�uly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED AND SEALED this efghth day of October A.D. 1981 yfHEREAS, the said Ja.mes Saefke has been duly $npointed to the office of treasurer for a term of One years beginni�g on the thirteenth day of December 19 8i, and ending on the thirteenth day of �ecember �9� NOW, TNEREFORE, THE CONDITION of 7HE ABOVE OBLIGATION IS SUCH, that if the above bounden James SaePke shall, during the aforesaid term, faithfully and truly perform all the duties of his office and shall pay over and account for a�l funds coming into his hands by virtue of his aid office of treas�� TP. T as �equired by law, then this obligation to be void, otherwise to be and remain in full force and virtue. IN WITNESS WHEREOF, the said Principal has hereunto set his hand and seal and the said The N�rth River Insurance GGll:�8.t1 /j___has caused these prese�ts to be signed by its A rn y-in-Fact, the day and ear first bove written. X ' (SEALI ., �;�es Saefke STATE OF By cou `/ NTY OF �� L' � A:v'N BOR'1H, Attorney-in-fact Before me, this �a�� day of ?"��'{�-• A.D. 19L personatly appeared the said James Saeflce , to me known and known to me to be the individual described in and who executed the foregoing bond, and he acknowtedged to me that he executed the same. �'ZL[.ti G ( C CC.!• E-�!� 7►P�'11�1��^.\ANMI.MnMM..i �.'/'.�1MM• D��,• A. HAA?^'_� � f;�o=:.:� ::... ��,:' E50 ; •:�t: ; R�` "` f'�BLIC - ., .. TA S•.._ • ..�";".f. CGU�JiY � � --''j. ��y Cor:�Essic;. Exrire� fAa} ��.1586 � yWVVW K . VYvVVW� FM 203.0.45 (10�72) 12 B � Ti�e idarth �ivpr tns!�rancp Ccrnpany A New Jersey CorPwation Home Offioe: Township of Monis, N. J. , :. , ,=•. ' CRUlYI&FORSTER IMSUR�MCE C01YiPAN1E5 � " _� - . ; ..' �� , - � � OFFICIAL BOND `` ti � KNOW ALL MEN BY THESE PRESENTS, That we James Saefke of � Fridley in the State of Minnesota u Principv, and O — p THE NOR'CH R1VER INSURANCE COMPANY, a corporation u deagiaud above and authorized to become sole sunty an bonds in the State of Minnesota , az Surety, aze hdd and trmly bound unto �`[17� FRIDLEY VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION e-i �� Minnesota in the full md ust wm of -� �OUSA,� A.'�'D NO IOOths- in Ne State of . l Z------�s 10.000.00 -) Dolian, lawful money of the United Staus, for payment of which well md ttuly to ' 0 (NOT VAL1D iF F/LLED 1N FOR IdORE rf��w tso,000.00> • Z p be made, we bind ourselvea, �r heirs, executon, administcatoa, sucassors end assgns, jointly u►d severally, fumly by these � presents. S1C2VED AND SEALED this 3rd day of December A�. 19 �_ WIiEREAS, the said Principal has bcen duly � ekcted � appointed to the office oi Trea�•,rPr — for a term of _ �NE yeaa bepnning on the �� h day of Re� !9 80 , and ending on the 13th �y of December 19 81 NOW, 77iEREEORE, THE CONDITTON of THE ABOVE OBLIGATION IS SUCH, that if the above bounden Priadpal shall, ducing the afomaid term, faithfully and wly pedorm all the duties of his ofRa and shall pay over and aceount for ail Cunds coming into his hands by virtue of his said office as required by law, then this obligation to be void, othecwist to be md iemain in full force snd virtue. ' IN WITNF.SS WHEREOF, the said Prinapal hu 6ereuato �t his hsnd and seal, and the said THE NORTH RIVER INSURANCE COMPANY has caused these presenu to be sigoed by its Attorney-in-Fact, ihe dry and year fust above written. B ..Go - es Saefke, 7� � er E NORTH RIVER SURANCE CO�ANY �C c*-.0 �'�"1 � � ' �Max Hoaglin, (wno ;n-Faee) .� � OA OF QF.�I� T�c.�.,.:___,�.._.i,.^ � u:x.�.:.a:.e--- ._.:� MINNESOTA ••. � Y1.'.LTzR J. i::U.CAHY STATEOF '�T"�'• N0T4RY GU'LtC . Mlt�neSOTA � � �. �^i� A\OKA COUNiY COl7NTY OF l�/�� M� Cemmt..:e� E.c'••• o�a �e, we+ � X_ J77�:Y/Y�%'7C'yr�ry I do aolemnly sweu that I will support the Const�tution o the United States, anu the Constitution of the Stau o�finnes� �at 1 wi71 faithfully diuhar�e the duties of Treasurez in and for the Fridley Volunteer Firefighters Relief •�d County, sccotding to the best of my ab�7ity. � soc at on �� s ae ke, �• pp,t) Taken and subscribed before me this '�� day � lg �O , My Commis9on Expim ,19 •!/ cZ .(%r� �7� . 1G«�+-,�_ ' (Noiacr ruetic) � R,::..:.w.'_:n3.%�r.:: t_,.::J�.:}_."".�.�..s ACKNOWLEDGMENT OF PRINCIPAL � �y�LT=R J. �'ULC:iNY > , s . � ��_� .. NO7ARY GU?UC . MINNEaOTA STATE OF MINNESOTA �� n�ox� ccur�n M� Co��;�.tc. E,;;m Oat 16, 196� � p ft.: x � YiY�7T:7i�Y� COUNTY OF �'s�r�`"' &fore me�this 3� dry of �--e�''""��' A.D. 19��% personally appeared the �d James Saefke to me known and known to me to be the individual dexnbed in and who exeated ihe foregoing bond, and he acknowledged to me that he executed ihe sartu. ' My Commission Expires .19 ..L��C-� ��/ �-r-+' � (P�o r Public) ACKNOWLEDGMENT OF SURETY � STATE OF MINNESOTA j } is. HENNEPIN COUNTY OF Max Hoaglin �� 3rd day of December �g80 �before me pessonally came to me known, wfio, being by me duly swom, did depose and say: that he resida Minneapolis, Minnesota that ht is the Attomey-in-Fact of THE NORTH R1VER INSURANCE COMPANY the corpontlon described in and which executed the foregoing instrument; that he knows the seal of said corpora6on; that the seal a.f•fyjS to the said instrument is such corporate seal; that it was so affixed under authorit�.rPAtc�'�`��e��n,� at he sgned his n t thereto by L7c order. � r,-�j NOTARY PuBLIC•MINNESOTA My Commission P.�c�b��Rr �E Rl5'1S�EY �0 _ _ FIN Z03.0.106 18-761 � "-'l MY Commission EiD�rlS luly 14, 1�98-3 K (Notay PuDtie) _ � United States Fire In:urana CompenY A New Yak Corporation Mome Oflioe: New York, N. Y. (ntemational inwrance Company An Illinois Corporstio� Hpme Offix: Chiesgo. Illinois Westchester Fire Insurance Company The North River Inwrance Compaoy A New Vork Co►Pu►�tion A New Jersey Co�pwation Home pffice:� New Vork, N. Y. Home Of��e: Township of Morrit, N. J. CRUM 6 iORSTER /NSURANCf COMPANlES ADMINISTRATIVE OFfICES: Madison Avenue at Csnfield Rosd. Maristown, New.krseY OFFICIAL BOND e��d No. 615 005877 12 C KNOW ALL MEN BY THESE PRESENTS, That we David Skirlts of Fridley i� the State of Minnesota as Principal, and The North River Insurance COIDpBIlj� , a corporation as designated above and authorized to become sole surety on bonds in the State of Mi1'111e80t8 , as Surety, are held and firmly bound unto �'ri dleV Volunteer �� s in the State of Minnesnta , m the fut� and �ust sum of Th01LS �Q� _--- ($5�000.00 ! Dollars, lawful money of the United States, for payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED AND SEAIED this $eVent _day of_ OC�Ob@T A.D. 198i VyHEREAS, the said DBV�d Sk�Y'iCB, — , has been duly,_ gn�o��pd _ to the office of_ S2CY`CtBTy for a term of. ori@ _years beginniny on the_ thi r'�eP*±±h _day of neCemb�T _19� and ending on the,�'rh3.Tteellth day of np�emhPr - ts82• � id NOW, THEREFORE, THE CONDITION of THE ABOVE OBLIGATION 1S SUCH, that if the above bounden _ Sk�,rk –sha11. duri�g the aforesaid term, faithfully and truly perform all the duties of his office and shall pay over and account for all funds coming into his hands by virtue of his aid office of._ SeCretSZ'Y as required by law, then this obligation to be void, otherwise to be and remain in fu{I force and virtue. lN WITNESS WHEREOF, the said Principal has hereunto set his hand and seal, and the said _ThP tvorth Rt ver Tna��rRnr_e—C� A-_ � has caused these presents to be signed by its Attorneyin-Fact, the day and year first above written. � ��n�� c,r– (SEAL) ' David Skirka Y�1��. � ��V:=n. _ : � �' � 1' STATE OF ��+�� BY , ��" r� LEE ANN BORTH, Attorney-in-fact COUNTY OF ��-�KA � / day of /l'� ��C�►��fr•C A.D. 19 �� personatly appeared the ssid Betore me, this /� —+� navid Sk� rkg , to me known and known to me to be the individual described in and who executed the foregoing bond, and he acknowledged to me thai he executed the sa � � � . � Gf'KIc� v-...�Y iMr�r.wr - ....v�.�.I� � �� c�Ya� � Mo�vErz '�' qor�� LK:►�r�xsotx � r �Lt10'CA CaV.*ln �y ta,+:�a.ior s�as kn.7.148i p.�M-.►�•r t-►+• I �.►� N-� �aI's'� fM 203.o.as ��a�z� ;.CO� N N � 117 O O Z17 <e-i ..CD. �.:� z Q O T�e tdorth River fnsurance Company 12 D A New Jersey Corporstion . Hort�e Offioe: TowrahiD of Maris, N. 1 CRUM&FORSTER IMSURAMCE GOMPAMIES OFFICIAL BOND i! '_. �e�.: - : Jh'. .�: �� KNOW ALL 1dEN BY THESE PRESEN't'S,1iut we - David Skirica o{ Fridlev in the State of M3nnesota uPrindpd,�nd THE NORTH RIVER INSURANCE COMPAIVY. a corporation as deag�ated above and authorized to become sole wrery m bonds in the Stau of Minnesota , as Surcty, ue held and fitmly bound unto FRIDLEY VOLUNTEER FIREFIGHTERS RELTF� °SSOCIATION in the Scate of Minnesota .1t1 th0 fitll eildjLLtt fYt�l Of=FTVR THOUSF�ND AI�'D r0/100tha- ------ (s 5. 000.00 � pollars, lawful money of the United States, for payment of which well md truly to (NOT VAL1D IF FILLED IN FOR MORE AN 550,000.00) be made, we bind ounelves, our heits, execuWes, administntoes,:ucassoa and asvg�s, joindy and sevenily, fum1Y bY thae m presents. 9GNED AND SEAI.ED thii 3rd dry oi December AD. 19 � WHEREAS, tht said Principal hu beeA duly D eletted � appointed to the oEh`ce of S P� *P tATV for a term of oNE _ _ yeaa bepj�nning on the — 13 h day of Deceebez 19�l1_, and ending on the? ��.. day of December �g$1 NOW, 7IiEREFaRE, Ttl£ CONDITiON of TFiE ABOVE OBLIGATION IS SUCH, that if the above bounden Prindpal ahall, during the afomaid term, faithfully and truly pedorm all the duties of his office and shall pay over and account for alt funds wming into his hands by virtue of his said office as required by law, then this obligation to be void, otherwix to be and remain in fuIl force and virtue. i IIV WITNFSS WHEREOF. the said Prinapal hu hemunto set his hand and se�l, aud the sdd 11iE NORTH RIVER INSURANCE COMPANY has caused these presenu to be p�ed by its Attomey-in-Fact, the dry aad year Fust above written. � � - � �es��d� , David Skirka, (�++�ov�) THE NORTH RIVER IIVSURANCE CO�iPANY c B y��"'�'-� "� � � Max Hoaglin, (w ornsy�o-F��t) ► OATH OF OFFICE � xa•;.._a:�•_.___: ?:'�-' �:» �_ �_ >�.:ti :sX STATEOF ��OTA r^�> >y�=T-R J. �ULC��N.Y % r=' :�07:.RY DU:_1�,- V.INCi:50Tp '� l p,: '; ir�'' AnOicA COUNtY _. L,��,Y �F, Q�y"'� ) M� Cen�.+� : en E.>�n. Oat 16, 19E1 � I do wlemnly sweaz that I will support the Con ' u iori d e Urii1e8' t t,�'Ad� Consiitution of the State Minneso of anrd�that I w�ll faithfully discharge the dudes of SerrPrar�+ in and for the FRIDLEY VOLt�TEER FIRFFIGHTF.RS RFT.TEF � said County, accordiAg to the best of my ab�lity. ASSOCIATION � � � &3 . ��...�i71r David kirka, �""`�D'�� 7aken and wbscribed befoce.me thia -s � day of ��t�'�''v�e'' .19 —� . My Commisson Expires .19 �,� • , .G� �'`'� _ic_._3�-��ot� Pubtic) ACKNOWLEDGMENT OF PRINCIPAI„�A,��,;.,�;,;L�,;_�a�=,�,�;,�sn:.:.uux �%:LTcR J. I.:ULCaHY � HOT4RY VU'�� - N.��N=SOTA STATEOF MINNESOTA ��a� Ar:o�c.�.cc�tirr S.I � Mt Cem�'� ee E.n'n� OeL f0, 19N1 COUN1'Y OF a� t'"�Sr � � � ^ . • �rrrvr� rrrrrYVri� � &fore me,thi: S day of ��'�'��- A•D• 1��nally appeared tlu __ �d David Skirk.a to me knowsi and knovm to me to ba the individuil descrbed in and who exeated the forcgoing bond, and he acknow]edged to me that he executed the same. My Commission Expires ,19 �� ' ��' � �� % �otuy Wb'c) . � ACKNOWLEDGhlENT OF SURETY STATE OF MINNESQTA � s.: �pUNTy OF REAiNEPIN On the �_ day of DPC_�mhPt I9Sn .betore me peisonally came M�+r Rr,ag7 t.+ to me known, who, being by me duly swom, did depou and uy: that he resides Minneaoolis . Minnesot� that he is the Attomey-in•Fact of THE NORTH R1VER I�ISURANCE COMPANY the corporation desaibed in and which executed the foregoing uutnment: that he knows the seal of said corporation; that the seal afCired�to �y said 'vistrument is such corporatt seal; that it was so sffixed under authority of th�By�bMti'rif$ My Commission FM 207,0.40! (676) :. � ��;�r DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY t200 FIRBT OANK PLACE EAST MINNEAPOLI8, MINNESOTA 6540� 1 dlti 340-t600 ue�E: noROw TELEX:2G-060E TELECOPIER:(612) 340-2668 880 W-FIRST NATIONAL BANK BUILDING ST. PAUL, MINNESOTA55101 (612)227-8017 P.O. 80X 848 340 FIRST NATIONAL BANK BUILOING ROCHESTER, MINNESOTA 55903 (50� 288-3156 201 DAViDSON BUILDING BTHIRD STREET NORTH GREAT FALLS, MONTANA 5W01 (�O6) 727•3632 t 150 RING BUILDING �zoo �erH s�eer N.w. WASHINGTON, D.C.20036 �2oz�ze6-zieo 80�) 4242942 312 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (812) 4750373 30 RUE LA BOETIE 75008 PAR1S. FRANCE TEL (1) 562 32 50 January 25, 1982 Chuck Boudreau, Director Parks and Recreation City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Re: Lease Dated March 5, 1975, Suburban Hospital District City of Fridley as Tenant Dear Mr. Boudreau: Between North as Lessor and 13 YMRLL�'N! JUSTW�N SNqTMY J CAi6N AS MN�LIESC� JOMN M lMIDSTROM CMK D DrvR+Ev TMO�A�S E POPOV�CM VlYLIPN GIE� JpIN T NMMEii PNUL M ipi16ER50N ,qvCEM CONnEUv TWqTNrlvM�SN ASEPHC C,ONJetU 1MRK E W1MEl $TEPNEN V KELLEY RwELAA FEiiGEN CMEAr�I GMSWEN .v�r � Swu�50r+ WRr� SNI$Bxl MND�LI B O�M� MMESP OOMN REGh�C WillN►6NO�N1 J/�YE58 �vNCM KE��N w Iqu4E DANiEI P OKEEFE po1FlE5l SwEEN15 MiCM�ELJ YAM09RE IOR�-ifANG�LLE 110�'�•D� lN�D80M OFCOUNSEL WµppF W1ROWiiT � v cwn LEwis� uWEnSO+ RUOOIiNE LOW •MMrTTEDNMONTAIM This letter is a"follow-up" to our phone conversation today. The North Suburban Hospital District (the "District") is interested in terminating the park lease which it currently has with the City for the property located at the intersection of 75th Avenue N.E. and First Street N.E. The District could unilaterally terminate the lease by giving the City a 1-year written notice. However, by mutual agreement, the lease could be terminated at any time. Since the City has never installed any park equipment on the property covered by the lease, or used it for park purposes, the District wondered if the City would consider terminating the lease now. If the City has no plans to use the property as a park in the next year, terminating the lease now might benefit the City for the following reason. The lease requires the City to indemnify the District if any injuries occur on the property. Also, the City must maintain public liability insurance for the property as long as the lease is in effect. Because an early termination would limit the City's exposure under these provisions of the lease, the District thought the City might be willing to consider terminating it at the present time. � • DORSEY, WINDHORST,fiANNAFORD,WMITNEY Q hIALIADAY Chuck Boudreau, Director Page 2 January 25, 1982 On behalf of the District, I would appreciate it if you could take this matter up with the City and let me know whether the City would be willing to consider terminating the lease in the near future. If you have any questions, please give me a buzz at 340-2831. BBF : cmm cc: Ms. Betty Wall Very truly yours, 'Barbara B. Farrell 13 P, 13 � PARKS & RECREATION COMMISSION MEETING, FEBRUARY 2, 1982 _ PAGE 3 doubtful, but if things do happen, Mr. Boardman, Mr. Harris, and Mr. Flora will be in attendance at the next month Parks & Recreation Corrmission meeting. He stated the City Counci1 and Mr. Harris are aware of the concerns expressed by the Comnission at its last meeting. . 3. NEW BUSINESS: a. Proposal for Lease Cancellation - North Suburban Hospital District Dr. Boudreau stated the Commission members had a copy of a letter from North Suburban Hospital District's legal counsel. He stated apparently the North Suburban Hospital District leased the City a parce] of land on demand by the City. He stated this small parcel of land is not wide enough for any physical types of sports, and he could see no need for continuing to lease the land, MOTION BY MS. HUGHES, SECONDED BY MR. YDUNG� TD RECOMMEND THAT TXE CITY COUNCIL TERMINATE THE PARK LEASE WITH NORTH SUBURBAN XOSPITAL DISTRICT ON THE PROPERTY LOCATED AT THE INTERSECTION OF 75TH AVE. N.E. AND FIRST ST. N.E. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT• MOTION BY �15. XUGHES, SECONDED BY MR. YOUNG, TO AA70URN THE MEETING. UPON A VDICE VOTE� ALL VOTING AYE� CHAIRPERSON KONDRICK DECLARED THE FEBRUARY 2� 1982� PARKS & RECREATION COMMISSION MEETING ADJDURNED AT 8:22 P.M. Respectfully submitted, Lynn Saba � � Recording Secretary TME CITY OF FR1 L Y f DATE I FROM D. DIRECTORATE � PUBLIC WORKS Februarv 17 � SUBJECT Concrete Curb, Gutter and Sidewalk Contract - 1982 TO 14 MEMORANDUM ACTION I INFO • At the January 18, 1982 City Council meeting, Resolution No. 10-1982 was passed authorizing the advertisement for contract repair and re- placement of miscellaneous concrete curb, gutter and sidewalk work in the City for 1982. The bids were opened on February 9, 1982 at 11:00 a.m., in the Civic Center. Five contractors submitted bids. The low bid of �25,890 was submitted by Halvorson Construction Company. Annually we have a contract to repair and replace concrete curb, gutter and sidewalks within the City. Halvorson Construction has been awarded the contract for the past five years, and they have done exceptional work and been responsive to our demands. Recommend the City Council receive removal and replacement of concrete Halvorson Construction Company. JGF:i jk the bids and award the contract for curb, gutter and sidewalks to PLANHOLDER Halvorson Construction 4227 - 165th Avenue Wyoming, NN 55092 Thomas & Sons 415 - 3rd Street S.E. Osseo, MN 55306 Lindahl & Carlson. Inc. 5480 Horizon Drive N.E. Fridley, MN 55421 574-0265 Minnesota State Curbing � 6801 West 150th Street Apple Valley, �AN 55126 432-1213 Adcon, Inc. 16191 Round Lake Blvd. Andover, MN ' 427-0203 0 CITY OF FRIDLEY . BID OPENING REMOVAL AND REPLACEMENT OF t4ISCELLANEOUS CONCRETE CURB, GUTTER and SIDEWALK Bid Opening: February 9, 1982 11:00 a.m. . I BID DEPOSIT United Fire & Casualty 5% � I Inland Insurance Co. 5% Trans America Ins. Co. 5% Fidelity & Deposit Co. 5% Inland Insurance Co. 5� $25,890.00 $27,66Q.00 �34,260.00 $35,760.00 $37,496.00 14 A 15 INDEPENDENT SCHOOL DISTRICT N0. 16 Board of Education Building 8000 Highway 65 N. E. Minneapolis, Minnesota 55432 (612) 786-5570 (Cheryl Moses was appointed representative March 18, 1981) March 6, 1981 City Council City of Fridley 6431 University Avenue Fridley, Minnesota 55432 Dear City Council Members: DUring its regular meeting on February 10, 1981, the School Board of Independent School District No. 16, Spring Lake Park, was informed by the Blaine City Council of the appointment of its liaison representative to the District No. 16 School Board. The Board unanimously approved a motion to invite the city councils of Spring Lake Park and Fridley to appoint a similar liaison representative to District No. 16. The Board periodi— cally will invite these representatives to meet with its members in order to discuss mutual items of interest and concern. At your convenience, should you decide that you would wish to appoint such a representative, inform us of your appointment. Sincerely, For the School Board Independent School Disttrict No. 16 �� Chris L. Huber, Ph.D. Superintendent of Schools CLH/cwr An Equal Opportunity Employer � EXHIBIT A [Resolution � A resolution providing for the issuance and industrial development revenue bonds pursuant to Minnesota Statutes, to provide funds to be La Maur Inc. for Industrial Development Project sale of Chapter 474, loaned RESOLVED BY T1� CITY COUNCIL OF THE CITY OF FRIDLEY (the "City"), as follows: 1. Authority. The City is, by the Constitution and Laws of the State of Minnesota, including Chapter 474, Minnesota Statutes, as amended (the "Act") authorized to issue and sell its revenue bonds for the purpose of financing the cost of construc- tion of authorized projects and to enter into contracts necessary or convenient in the exercise of the powers granted by the Act and to pledge revenues of the project and otherwise secure the bonds. 2. Authorization of Bond. The City Council hereby determines that it is necessary and expedient to authorize, and the City Council does hereby authorize, the issuance of a revenue bond of the City in the aggregate principal amount of One Million Dollars ($1,000,000) pursuant to the Act to provide money to be loaned to La Maur Inc., a Minnesota corporation (the "Company"), to finance costs of constructing improvements to, and acquiring and installing manufacturing equipment (the "Project Equipment") in the Company's existing manufacturing building in the City (the "Project Building") (collectively the "Project" as more fully defined in the Loan Agreement hereinafter mentioned). In order to provide financing for the Project, the City shall issue and sell its $1,000,000 City of Fridley Industrial Development Revenue Bond (La Maur Inc. Project) (the "Bond"). 3. Documents Presented. Forms of the following docu- ments relating to the Bond and the Project have been submitted to and examined by the City Council and are now on file in the office of the City Clerk: (a) Loan and Purchase Agreement (the "Loan Agree- ment"), dated.as of March 1, 1982, by and among the City, the Company and the Midland National Bank of Minneapolis (the "Bank") whereby, among other things, the City agrees to sell and the Bank agrees to purchase the Bond, the City agrees to make a loan to the Company of the proceeds of the sale of the Bond and the Company covenants to complete the 16 16 � Project and to pay amounts sufficient to provide for the prompt payment of the principal of, premium, if any, and interest on the Bond; (b) Loan Agreement Assignment (the "Assignment") dated as of March 1, 1982, whereby the City assigns to the Bank all of its interest in the Loan and Purchase Agreement and Loan Repayments of the Company thereunder (except its rights under Sections 5.02, 7.01, 8.04 and 8.05), for the purpose of securing the Bond. 4. Findings. It is hereby found, determined and declared that:� (a) The Project, as described in paragraph 2 hereof and in the Loan Agreement, based upon representations of the Company, constitutes a revenue producing enterprise and is a project authorized by and described in Section 474.02, Subd. 1 of the Act. (b) The purpose of the Project is and the effect thereof will be to promote the public welfare by: prevent- ing the emergence of blighted and marginal lands and areas of chronic unemployment; preventing economic deterioration; the development of sound industry and commerce to use the available resources of the community, in order to retain the benefit of the community's existing investment in education- al and public service facilities; halting the movement of talented, educated personnel to other areas and thus pre- serving the economic and human resources needed as a base for providing governmental services and facilities; adding to the tax base of the City and the county and school district in which the Project Facilities will be located. (c) The Project has been approved by preliminary resolutions of the Council duly adopted after a public hearing thereon, duly and regularly called and held on November 9, 1981, and has been approved by the Commissioner of Energy, Planning and Development of the State of Minnesota as tending to f�rther the purposes and policies of the Act. (d) The issuance and sale of the Bond, the execution and delivery of the Loan Agreement, and the Assignment and the performance of all covenants and agreements of the City contained in the Bond, the Loan Agreement, and the Assignment and of all other acts and things required under the Constitu- tion and laws of the State of Minnesota to make the Bond, Loan Agreement and the Assignment valid and binding obliga- tions of the City in accordance with their terms, are author- ized by the Act. (e) There is no litigation pending or, to the best of its knowledge threatened, against the City relating to the Project or to the Bond or Loan Agreement, or questioning the -2- 16 � organization of the City or its power or authority to issue the Bond or execute and deliver the Loan Agreement and the Assignment. (f) The execution and delivery of and performance of the City's obligations under the Bond, the Loan Agreement, and the Assignment have been fully authorized by all requisite action and do not and will not violate any law, any order of any court or other agency of government, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (gj The Loan Agreement provides for payments by the Company to the Holder of the Bond for the account of the City of such amounts as will be sufficient to pay the prin- cipal of and interest on the Bond when due. No reserve funds are deemed necessary for this purpose. The Loan ' Agreement obligates the Company to provide for the operation and maintenance of the Project Facilities, including adequate insurance, taxes and special assessments. (h) As required by the provisions of Section 474.10 of the Act, and the Bond shall recite that, the Bond is not to be payable from nor charged upon any funds other than amounts payable by the Company pursuant to the Loan Agreement which are pledged to the payment thereof; the City is not subject to any liability thereon; no Holder of the Bond shall ever have the right to compel the exercise of the taxing power of the City to pay the Bond or the interest thereon, nor to enforce payment thereof against any property of the City; the Bond shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and such Bond does not constitute an indebtedness of the City within the meaning of any constitutional, statutory or charter limitation. (i) Nothing has come to the attention of the City Council to indicate that any member of the City Council (i) has a direct or indirect interest in the Project, the Loan Agreement, the Assignment or the Bond, (ii) owns any capital stock of or other interest in the Project, the Company or the Bank, (iii) is an officer or director of the Company, (iv) will be involved in supervising the completion of the Project on behalf of the Company, or (v) will receive any commission, bonus or other remuneration for or in respect of the Project, the Loan Agreement or the Bond. 5. A�proval and Execution of Documents. The forms of Loan Agreement and Assignment referred to in paragraph 3 are approved. The Loan Agreement and Assignment shall be executed in the name and on behalf of the City by the Mayor or the City -3- 16 C Manager and the City Clerk, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. 6. Approval of Terms and Sale of Bond. The City shall proceed forthwith to issue its City of Fridley industrial Develop- ment Revenue Bond (La Maur Inc. Project) in the authorized princi- pal amount of $1,000,000 substantially in the form, maturing, bearing interest, payable in the installments and otherwise containing the provisions set forth in the form of Bond attached hereto as Exhibit 1, which terms and provisions are hereby approved and incorporated in this Bond Resolution and made a part hereof. A single Bond, substantially in the form of Exhibit 1 to this Bond Resolution, shall be issued and delivered to the Bank in the authorized principal amount of $1,000,000 and as authorized by the Act, principal of and interest on the Bond shall be payable at the office of the Sank in Minneapolis, Minnesota. The proposal of the Bank to purchase such Bond at a price of $1,000,000 (100% of par value) is hereby found and determined to be reasonable and is hereby accepted. Pursuant to the Loan Agreement the Bank has agreed to pay the purchase price of the Bond in the authorized principal amount thereof to provide funds to be loaned by the City to the Company to pay Project Costs, as defined in the Loan Agreement. 7. Execution, Delivery and Endorsement of Bond. The Bond may be in typewritten or printed form and shall be executed by the manual signature of the Mayor or the City Manager and shall be attested by the manual signature of the City Clerk and the of�icial seal of the City shall be affixed thereto. When so prepared and executed, the Bond shall be delivered to the Bank upon payment of the purchase price, and upon receipt of the signed legal opinion of Faegre & Benson of Minneapolis, Minnesota, bond counsel, pursuant to the Loan Agreement. The Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regular- ity of the issuance thereof. 8. Registration Records. The City Clerk, as bond registrar, shall keep a bond register in which the City shall provide for the registration of the Bond and for transfers of the Bond. The principal of and interest on the Bond shall be paid to the Bank for the account of the Holder entitled thereto in Federal or other immediately available funds. The City Clerk is autho- rized and directed to deliver a certified copy of this Bond Resolution to the County Auditor of Anoka County, together with such other information as the County Auditor may require, and obtain the certificate of the County Auditor as to entry of the Bond on his bond register as required by the Act and Section 475.63, Minnesota Statutes. -4- 16 D 9. Mutilated, Lost, Stolen or Destroyed Bond. If the Bond is mutilated, lost, stolen or destroyed, the City may execute and deliver to the Holder a new Bond of like amount, date, number and tenor as that mutilated, lost, stolen or destroyed; provided that, in the case of mutilation, the mutilated Bond shall first be surrendered to the City, and in the case of a lost, stolen or destroyed Bond, there shall be first furnished to the City and the Company evidence of such loss, theft or destruction satis- factory to the City and the Company, together with indemnity satisfactory to them. The City and Company may charge the Holder with their reasonable fees and expenses in replacing any muti- lated, lost, stolen or destroyed Bond. 10. Transfer of Bond; Person Treated as Aolder. The Bond shall be transferable by the Owner on the bond register of the City, upon presentation of the Bond for notation of such transfer thereon at the office of the City Clerk as bond regis- trar, accompanied by a written instrument of transfer in form satisfactory to the City Clerk and the City Attorney, duly exe- cuted by the Owner or its attorney duly authorized in writing. The Owner seekinq to transfer ownership of the Bond shall also give written notice thereof to the Company. The Bond shall continue to be subject to successive transfers at the option of the Owner of the Bond. No service charge shall be made for any such transfer, but the City Clerk may require payment of a sum sufficient ta cover any tax or other governmental charge payable in connection therewith. The person in whose name the Bond shall be issued or, if transferred, shall be registered from time to time, shall be deemed and regarded as the absolute Holder thereof for all purposes, and payment of or on account of the principal of and interest on the Bond shall be made only to or upon the order of,the Holder thereof, or its attorney duly authorized in writing, and neither the City, the City Clerk, the Company, nor the Bank shall be affected by any notice to the contrary. Al1 such payments shall be valid and effectual to satisfy and dis- charge the liability upon the Bond to the extent of the sum or sums so paid. The Bond shall be initially registered in the name of the Bank. 11. Amendments, Chanqes and Modifications to Loan Agreement, Assignment and Bond Resolution. Except pursuant to Section 9.03 of the Loan Agreement, the City shall not enter into or make any change, modification, alteration or termination of the Loan Agreement, Assignment or this Bond Resolution. 12. Pledc,�e to Holder. Pursuant to the Assignment, the City shall pledge and assign to the Bank and its successor Holders of iche Bond all interest of the City in the revenues of the Project including all Loan Repayments to be made by the Company under the Loan Agreement. All collections of moneys by the City in any proceeding for enforcement of the obligations of the Company under the Loan Agreement shall be received, held and applied by the City for the benefit of the Holder of the Bond. -5- 16 E 13. Covenants with Holders; Enforceabili �. All pro- visions of the Bond and of this Bond Resolution and all repre- sentations and undertakings by the City in the Loan Agreement are hereby declared to be covenants between the City and the Bank and its successor Holders of the Bond and shall be enforceable by the Bank or any Holder in a proceeding brought for that purpose. 14. Definitions and Interpretation. Terms not other- wise defined in this Bond Resolution but defined in the Loan Agreement shall have the same meanings in this Bond Resolution and shall be interpreted herein as provided therein. Notices may be given as provided in Section 9.01 of the Loan Agreement. In case any provision of this Bond Resolution is for any reason illegal or invalid or inoperable, such illegality or invalidity or inoperability shall not affect the remaining provisions of this Bond Resolution, which shall be construed or enforced as if such illegal or invalid or inoperable provision were not con- tained herein. 15. Certifications. The Mayor, City Manager, City Clerk and other officers of the City are authorized and directed to prepare and furnish to Faegre & Benson, bond counsel, to the Company, to the Bank and to counsel for the Company and the Bank, certified copies of all proceedings and records of the City relating to the Project and the Bond, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. � 17 0 RESOLUTION N0. A RESOULTION TO ADVERTISE FOR BIQS 1982 ONE TON TRUCK WITH DU�'iP BODY BE IT RESOLVED by the Council of the City of Fridley, as follows: 1. That it is in the interest of the City to award bid contracts for the following items or materials. 1982 ONE TON TRUCK WITH Dl�1P BODY 2. A copy of the specifications for the above described items and materials, together with a proposal for the method of purchase and the payment thereof have been presented to the Council by the City Manager and the same are hereby approved and adopted as the plans and specifications, and the method of acquisition and pay- ment to be required by the City with respect to the acquisition of said items and materials. - 3.. The purchase of said items and materials as described above shall be effected by sealed bid� to be received and opened by the City of Fridley on llth day of March, 1982. The Cit�� Manager is directed and authorized to advertise for the purchase of said items and materials by sealed bid proposals under notice as provided by law and the Charter of the City of Fridley, the notice to be substantially in form as that shown by Exhibit "A" attached hereto and made a part of by reference. Said notice shall be published at least twice in the official newspaper of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUr�CiL OF THE CiTY OF FRIOLEY THIS _ DAY OF . 19 WILLIAM J. NEE - MAYOR ATTEST: SIDNEY INMAN - CITY CLERK CITY OF fRIOLEY BID NOTICE for 1982 ONE TON TF�JCK WITH DUMP BODY EXHIBIT "A" The Cit,y Council of the City of Fridley, Minnesota will accept sealed bids for 1982 one ton truck on the llth of March, 1982 until 2:00 p.m. on said date at the Fridley City Ha11, 6431 University Avenue N.E., Fridley, Minnesota 55432 (telephone: 571-3450). All bids must meet the minimum requirements of the specifications. Failure to comply with this s�ction can result in disqualifications of the bid. Each bid shall be accompanied by a Certified Check, Cashier's Check, Cash or Bid Bond and made payable withaut conditions to the City of Fridley, Minnesota, in an amount of not less than five percent (5�) of the bid, wnich `• check, cash, or bond�shall be forfeited if bidder neglects or refuses to enter into contract, after his bid has b�en accepted. The City reserves the right to accept the bid which is determined to be in the best interests of the City. The City reserves the right to reject any and all bids and waive any informalities or technicalities in any bid received without explanation. The City Council also reserves the right to consider such factors as time of delivery or performance, experience, rpsponsibility of the bidder, past performance, of similar types of items or materials, availability of products and other similar factors that it may determine to be in the best interest of tne City. • Copies of the specifications and general conditions may be examined in the office of the Purchasing Agent, or copies may be obtained from his office. All bids must be submitted in sealed envelopes and plainly marked on the outside with 1982 ONE TON TRUCK. Nasim Qureshi City Manager Publish: Fridley Sun February 24, 1982 � March 3, 1982 17A TME CITY OF R DATE Februa FROM D.P.W. John SUBJECT � DIAECTORATE OF PUBLIC WORKS 17 St. 1982-10 (Sealcoating) TO Nasim M. Qureshi� Ci � MEMOAANDUM r Annually, we have identified certain streets in need of sealcoating. This year, we have identified approximately eight miles of streets in need of sealcoating, and programmed $65,000 for this work. As in the past, the residential streets are programned for buckshot and the heavier used industrial and corr�nercial streets for traprock sealcoating. Even though the work is not scheduled to be accomplish- ed until the later part of the summer, it is advantageous to adver- tise for the project early an the spris�g in order to obtain economic bids. We have prepared the advertisement for this year's program. Recommend the City Council approve the attached resolution ordering the improvement, approval of plans and advertisement for bids for Street Improvement Project No. St. 1982-10 (sealcoating). JGF:ijk ACTION � INFO. RFSO�.tTPI�i 1�. - 1982 • �: • � � • •.� �+• � i i• •.• f i� • •�• • . �-. ► • t 'r'� 1 • �.• : f�. r• �!:rJ t• •,• :+� �1 ' •,� 1 `1' � • � • 1 �IERF,AS, the City Council of the City of Fridley has established a policy of Sealcoating the City streets on a regular basis. WHEREAS, the Public Works Director has submitted a plan showing the streets in need of Sealooating. NOW, THEREFORE, BE IT RESOLVID, by the City Council of the City of Fridley, Anoka County, Minnesota, as follvws: l. That the streets marked black on the attached map b�e sealcoated, and the work involved in said improvenent sha].1 hereaf ter be designated as: SI'REET IMPROVII�IT PROl77DCT ST. 1982-10 2. The plans and specifications pre�ared by the Public Works Director for such improvement and each of theqn, pursuant to the Council action heretofore, a copy of which plans and specifications are hereto attached and made a part hereof, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under STREET IM�'ROVII''lEIVT PROJDCT ST. 1982-10 shall be performed under one oontract. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertis�nents for bids upon the making of such i.mprovements under such approved plans and specifications. The ac3vertisement shall be publishec7 for two (2) weeks (at Ieast 10 days), and shall specify the work to be done and will state that bids will be opened at 11:00 A.M. on Tuesday, the 13th day of April 1982 in the Council Chambers of the City Hall, and that no bic3s will be considered unless sealed and f iled with the Public Works Director and accamp�nied by a cash deposit, bid bond, or certified check payable to the City for f ive per cent (5$) of the amount of such bic7. That the advertise�nent for bids for S`I'REET IMPROVII�7ENT PRQ7DCT ST. 1982-10 shall be substantially in form as that noted in Exhibit "A" attached hereto for reference and made a part hereof . PASSED AND ADOPTEa BY THE CITY �UNCIL OF THE CITY OF FRIDLEY THIS L1AY OF , 1982. WILLIAM J. NEE - MAYOR `- AZTF�T : SIDNEY C. INMAN - CITY CLF�RR • � ., �IIBIT "A" ST. 1982 - 10 (Seal Coat) 44' �_' a' �� =�� I ; �J Y � : �• : 11_ �_ f ;�•'� �� • �:+�I 1 I• ••� ` :r 1} � ' ••• : �1 ' :� 1 Sealed bic�s will be received and publicly opened by the City of Fridley, Anoka County, Mi.nnesota, at the offioe of the Public Works Director, 6431 University Avenue N.E., Fridley, Minnesota 55432 (Tel. 572-3450) on the 13th day of April, 1982, at 11:00 a.m. for the furnishing of work and materials for S�� Pi�0.7H�T ST. 1982 - 10 (SealCoatinq) . The surface treatment project consists of surface treating approxirrately �_ miles of streets in different parts of the City and consists of the follawing principal itens of work and approxi�ate quantities: 1�5� Square Yards 27•75� Square Yarde FA-2 Class C Aggregate Sealooat Using RC cut-back Asphalt RC-800 FA-3 Class C Aggregate Sealvoat Using I�C cut-back asphalt 12� 800 All in accordance with plans and specifications prepared by John G. Flora, P.E., Public Works Director, Fridley City Hall, 6431 University Avenue N.E., Fridley, 1�V 55432 (Tel. 571-3450) . Plans and specifications.may be exaQnined at the offioe of the Public Works Director and oopies may be obtained for the Contractor's individual use by applying to the Public Works Director. Bids must be made on the basis of cash payment for work, and accompanied by a cash deposit, certif ied check (on a responsible bank in the State of Mirinesota) or a bidc3er's bond made payable without conc3ition to the City of Fridley, Mirv�esota, in an amount of not Iess than five (5$) per cent of the total �nount of the bid. The City Council reserves the right to reject any and all bids and to waive any infornia].ities in any bids received without explanation. No bid may be withc7rawn for a period of thirty (30) days. By order of the City Council of the City of Fridley, Minnesota. Dated this day of r 1982• Published: Fridl� S1m March 24, 1982 March 31, 1982 P,pril 7, 1982 John G. Flora, P.E. PUBLIC WORKS DIRDCPOR Construction Bulletin March 26, 1982 Apr il 2, 1982 April 9, 1982 a • � • �/ ,- -. � ��. ��...r� �cr �_ "� ` � �,"` � `';ti:$:t ^"••: � �s+. .:c�Y%��::i;°�� ' .-�. �.� �.� � s � � •' R �� m� — A \`st•l - :;�d°`',`•,'�."'','e'�,i• ` �T= � �i. ± � i��n. \ � I �� '� - ` —_— � '�.^ _�° < \ � �a�� ' y - = = _ _ - - � � -4�_ • - ��" =-- • \ �, �:,�,�n��; . �� :�; '� ; - V�i~ �J tv,�� f/� 1 I �� _� �\� / "�J—� =�:� EI � i; __ y . '' i —�,L�,,_ ._ t1ti "��"`!{ • �^_��.v�� r� �_ ` I �d.� - o, � � � ��- �- � ---�t -� .: �� - � i �� I k _ � �-' : � � � � .. 4 � \,�`� �� MI � �;'=-r—J�1�� _�' a � _- 1 _ jk'�_t� ' �� ` �� J �"` .'�� N �. `� ' = � _ �'� � � � �� _ ��: _ � H— �.__� ! /�r�' �L �" —_. .—J � `�__ t' �.�_-, , — •e f l�M_J, .� I ��,I' _ � � W '_;rE � ' '._ -_�� I I � � - � t � I �- �:�� _ L� � � — � I � • � � S � �i� ' -��'�: - � �, _ i� ° �, �� •� �, �� ' � _ ! �'� �' � I ; � =_ ��-,J''� � � v -�. :?�•:� - � ; -- ` �"_ - ��=--��; �-� - _ � —��.--.r. ; � 1 � s :�:. �`��I; ;�' °' �� .�,,�'�� :, ! �' � ��:.' y -4l�r �r .� �� 1� y � i� \�l 'p� ' �. " �—� � f rn -, i,aL� / ^��1 � f� M I�"'��.J � _ -- �.� ,�� ' I��' I� J�'�il;� —_,. � — — ' _� �; �� -" _ `�r' - J�'' �� 1, JE_'��``�� ► ! i�., �° \ �� -T^ .. �l�� r I�� If � i ,� �—��. — : �. � � � :— a 5, '�� . :y ;3� � � � I� Y 11 � � -��--�. f I' !�'��; I 1;�I� �\,� �" ;-�'��T� � � ,; � J �-� �;�� 'i ��'i ; C�� i�F • r S � i� _ :� J � �� , iy:� ;�t i I� ° i =.-1` i �JI � I��- I' y, ,:�` �� fi�� '— � ��: � �• �,`� � . � -: q �� I� � � �� .�`:� ��""` . � �1� �c i ��..�,�. I "'��.L'.LT � �`I�� . _ :��.1 ro°�� F' � � '-- / �ti �/ % �� . :�'��1�1' � - �--J �� 'y c ��_��'.�f''S �i I 5 "Ai� �:� � ��' .'f I� ��'�'� ��`� �% /i � � ±_— ��. ; ,�; . t / �'��` I � �� T �� 1 � /� 3 ��^ ��i / i __� ,i � �?-�� Ll:�l.�� , + ,� I� 3.`5.� . / c ` I I' _. ; � � __ �' 1{� „� � �� v� I -,-��. I1 � �:-�� ---- Y_-',-,� 1 �� f 1 . � / }y �'-�i _�. `-T- �� ) �� I �..�". � �� --�.�—,�, �' /. ,�� -,r , �'� �. � i �.—� ` j��''� ks— t_ \....,,,,,r �'---��a„ � Q ; �� 'I �I�� \\�`:1J'_L`T='��"��.�'� ' . �� _ � —J -`, � _ ; � ;:�1 �, �' _-1�.�'.; �; � � L�,� _ f ��%�,��s-,�r ;�`'I � � ; � + �� i l ; ' ---=�J_�:M..F�-= _' -I� \ ��_-- -- � ( �r � . .. � "' ` , i � i� �� - i� l �,` _ _ ` .,,. � �=,� - =_ = - _ - - - �: �� ' � " -- , \� y..__ ' :I �r��'LII _ ' � _ �,Q �� ----� - ___ � _ - - � � �� -- ` � =�I'� = ° -_ � _ = _: g = ,�� - �= = == _ = . = - _�,— s O _� � _ - i _ __ •_- _ _._ . \,I � � � - -� _ _ - � �_ _-� . _ z � R Q � JJb ,�� -_ � _ _ - _.. .i _- _ _ ._. � � � _ o � �, � -- - - i I �I� �J � __ � _ -= _ = " - - , I �i1�;�. - - __- - =_ - __ �...__.; .�.. __ _ _ - / � -- - = = =� _ _';� __ _- •, _=: : /. '. � r � � _� _ y � � ,. � � ._..._.. � I �� , — �TREET MAP—CITY OF __ — __ / .� = �.,. FRIDLEY ;: .�L ' _ , �( ^,,�.. ` =�- ._ ".�:_..._� .�'`��-- ��. � � �� -�- .. . �„�. - . „ - .,.. � � � � . 18 C ST. 1982-10 Street Location Map FA-2 - Buckshot . , , , . 18 D . �,� �/ ` ._ _ _'_'.,, �` Ciw�� uwnFRI�L�: � � \�y:_ �.�i � G� :�>.�• � 1 �,�\ � '`` �'�',r}�a�.7.'i� � .��. ...... — � � 1``�Y� ' '+eoV`•,�•; �9i I r��. s�' �I �` �.�^ • _r °��e;�z�rya �_. �:�. i +�_ - �� s ��, Il'�, _ r � �.. � 3 � - � u � �� 1 i y _ ° � e .: � .. ,� '`�� ' �� .J_= � - : _ = .. . � 4�� - _�_ � ,� , ,��;;�� , �1� � � w� � G- _ � r, �,��. �, r : s��.E�; , \\ ' /� ��" � �� , �:��s1�� =.r �.� �-�,E ,' ST 1982-10 s�' � � � ':,, � �=- � 1 � , _ �— _ , �'-- ' ' �°'� �� `~�t�, �� I�� ' �� r`_�- ; — � `�� .�" -. ��(�r�,. J,��--�� _��,� ��,� i t Street Location Map :�, � � � - ,` ��', � i�: �%� %= b II � t`s i�. r��r �� 1° :�^ FA-3 — Trap Rock N � I �� I � � `�;�j `�z'"_� ��e-_"�.-,' �I �—T ��'�" - ��. y� �€J' ' � ��I � �- -..�-.I _ -- �� C�I - -a 6 W � E I � �lT �. LJ-•� ��i �l - -' , +�i -� — p -� _'-� '. _ _ r �` � � I�'�:.,�;��^-� `�_�' '.� _— --�L— '�+ �. � I , �� I� �r _v. - ,�.;r;� =-, -__- \` i. ° � ��;� � � ti i� �� ' �-- � , � _- ��, , ��. ��-�-- _.. � , _ ��,�, �� ,_ �� rk_ �.�_ �; a � �� :��_ If��i.�.�� f •��rj��"-�1- I �' � ,.�� ` 4 � � .i I�.� `. � � ' ��r �� . ,�,. . y �WI��;`' _�i �.� ,i/�r��--��--��\� . �� I�. _ � ! . � -- �� i��n� �y�J��i, y � _ � � .'. / ��C l tr I� 1 I i� J `r — = — — I �`�,\`, �'� � I. .:� �'--'' � - �' / _ — � �f, i� C �- � ��.,�.1�� .�.. _. �`°,��;I�� : � � � ��-��L`wL '��_�`7_.._—J�� J�.. I � �,�� '-�- I== F� t �h�1�l�l��r- r�'"-;� •-al -- � '��.,.. t-= `r='^,,, � i Ip k-_L� ,�r�'a. I �� I � i � � ;� ��r., ��—' {� ii !K �,1 � i � ' _ � � � �--,-�, � � - �'!�J ?;�p i I� �� J r, . . —��1��,�, .� _ �i� 6 d t � � 6 , 1 �� • '��='t � ��E� � r J -� a -.�j� �; J e "�� v- i � -,��1�� - I i�o< ,i.S� z=�' � �� , ! I �c..-�� qJC_iL; lu� � `J � �' - � � � I�J i,LIJ�IJ'��T �� rf �:. ii �� —, �� / �E �Wi I, � �► r� ��l� �Jj � � �� T N ��`_I� " ,-�j� �oo"f . N';�,/��:- � � o i � f- ��.��„ 1� �I It ��'�-� /- y �`�+ � �i� I �JJELt 4 '��'1 �� '�� ` ' i +�� o � ; �, ' �'� �i li j�-: � �%' ,�' �lj ,i�'t �;,� � ,� � z�j�� -. . /- � , — � ��.:� t!��, � n_ � : ,� ��.��i _; , , , ��;� , , --� ��' �`��' 1F --- � -_ �______' +'�j�`'�E—�-'� % �`� �^ � � 6 _ . _, � ` � =' ' f �� i � � , '� �� I�� _��4��F� �_ �� Q � ' , -1--L t �s °� \ i W � ..� � �/`' � � J� �� T ��_ � ,`�`��.� _ _ � � � 1� �' �' , � . , ��- �'� �� E Fr�' ��, --��. � � , L� �� i: �`��\ \ � I . � �_ �� ` '�}��._._ . �/� : • ,�Li.�.� ___._ I I ' . _�' �� s_._��i ' ; r � ',u�� _ _ � ; � { � E ''�' i = .� : _. _=- , . _ _ . i �� `-�� ' � - � — j ,I �� F ' . . .� : ` ' '. •' 4 � -_ _ _ -- ,� � � �� .. , _ � � ___ r ! _,�1�'; _ . - ,.. .. � � _ J � ' � ��; - - N �� , - = F r_= - ._�, � p � � , i = � �� ;_ - _ _ _. . ;, _ __ - � � �,, ., _ _ _ - _ - � . _�� , ; K M.. _ K Q , �--� _ _ - � _ � ' ,�f �, : i-� � �� a, ; — •_ - _ _-� ' � ---�f -� _. �; _�- =- - _- .� --_ - � ,;� .--.�-_- __ ..�:�.. � � � - STREET MAP-CITY OF __ � __ _ � I ' , FRIDLEY :_ .:�� ' -_ .,'� '—��` E �� .. .i ��. .. . p � =�. �. -�- � .�.. _._.....-..�-� -- =_ � - � .. . ��.. - ; ;�` �__ . .. .... „ , ; __ . 19 FOR CONCURRENCE BY THE CITY COUNCIL — CLAIMS CLA I hl � 1d�PiBERS . 549716 — O�OEOJ . . � 0 � F.�R CONCURRENCE SY THE ClTY COUNCIL " LICEIdSES FEBRUARY 22, 19E32 GAS SERVICES APPROVED BY Bob's Circle Plumbing .52 E Road �7ILLIAM SAtiDIN Circle Pines, 24N 55014 By: Robert Schneider Plbg.-iitg. Insp. Northland Mechanical Contractors, Inc. 7150 Madison Avenue �Jest - Minneapalis, NII1 55427 By: Kenneth Mosloski HEATING Northland t�echanical Contractors, Inc. 7150 Madison Avenue 47est Minneapolis, P'iIJ 55427 By: I:enneth Mosloski � WILLIAM SANDIN Plbg.-Htg. Insp. WILLIAM SAI7DIN Plbg.-Htg. Insp. 20 21 FAR CONCURRENCE �Y THE CITY COUNCIL - ESTIPr�TES ,., Smith, Juster, Feikema, �talmon & Haskvitz 1250 Builders Exchange 6uilding htinneapolis, Minnesota 55432 For legal services rendered as City Prosecutor for the month of January, 1982 $3,425.00 E.A. Hickok & Associates, Inc. 545 Indian Mound Wayzata, Mfd 55391 Professional Services, January, 1982 Moore Lake Restoration Project $1,634.46 STATEMENT SMITH, JUSTER, FEIKEMA, MALMON & HASKViT2 ATTORNEVS AT LAW 1250 BUILDERS EXCHANGE BLDG. MINNEAPOLIS, Ni1NNESOTA 55402 33 9-1481 SUBURBAN OFFICE FRIDLEV �ity of Fridley 1 6431 University Avenue N. E. Fridley, Minnesota 55432 Attention: Mr. Nasim Qureshi, L City Manager J CJN•��.�� wcruwn TMn �owr�oN .,... „o,,. ►wrrcwr DATE � � BAU4NCE FORWARDED fROM LAST STATEMENT 2-08-82 For legal services rendered as Prosecutor for the City of Fridley during January, 1982. Representation of City of Fridley in court on 1-05-82 (Fridle�, 1-07-82 (Columbia Heights), 1-12-82 (Fridley), 1-14-82 (Columbia Heights), 1-19-82 (Fridley), 1-26-82 (Fridley) and 1-28-82 (Columbia Heights) for 55 contested court trials and 119 pre- jury trial conferences. (50 hours - 45 minutes). Preparation of 50 criminal complaints. (12 hours - 30 minutes). Four citizen office conferences. ( 1 hour - 30 minutes). Staff phone and office conferences. (45 minutes). Total Time (65 hours - 5 minutes). January, 1982 Retainer $1,650.00 $1,650.00 Time in excess of retainer 1,775.00 $3,425.00 (35 hours - 5 minutes). SMITH, JUSTER, FEIKEMA, MALMON 3 HASKVITZ wTrownevs wr �ww 21A