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09/26/1983 - 5247�141(�{J Vii.r WIJL�i�. � �. L'i7�lM� . �.MJLR.rJ.JJ PlG�i1111V . SEPTF��BE1t 26 � 198:i 0 ! / � • . � FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADORESS AND ITEM NUMBER INTERESTED IN DATE: September 26, 1983 NAME ADDRESS � ITEM NUMBER __- �' _= _= t '__ �{�__ —___ = f `°_____===//n / _=/ __— _ ^_� __ _—_ �� _ ` __. `-� _'_______=__= � j ✓ .,� � ` ! f crT.YY, �t,d��: �C-�l`r:�� r�^� ��Cl �SS � SS l .b� �"t. i`�. T� � �� .�:,P al � � � �-;i � � �1�-- � =,��- �f' ,'� r!�%i�.1"J:�'� "� ' a^ � . . ` 'r`' �;' ... �..,.:.- . �:• .-:�� !-" � -�..: , �, , 9', , , i . ;�, x,:.cst�; � �1``:�``3�-- , s. . . -, �f • ..,�,��, > r` �� ` � , _,�_ , rt._ , . , I � i � %�-r�" �� 4�d v`�+ --T---- z o � S S - � ��'�;� ,�� F. ��;�'�;�, � �.? � �f'� .°.�» a. � �r : i ,�. .. � L�. L..- _� ` ; ,-,/ , " . . �: . % ' � , � �F :,� � f . ,� . , / ti.. .�,.Cr.- . ` . � � `` f „k.:c ;.. u. � ��/s" � - / i� �—i � /if . r- :' i ! -r^ � _ . � :r,_` : ' .,i ` �'�1 �' L ( j �-� �j i. �% , ��/ � � �i rr�f .: >. , _ � . � .Z- ' � - �a / �^ i f!/.I 7 � p o �/�15T �� FRIDLEY CI TY COUNCIL Following are the "ACTIONS TAKEN" by the A�inistration for your inforn�ation. � • `;,�i14 • y �,1�y Council Meeting, Sept�nber 12, 1983 Mi.nutes approved as presented : � • � • � • ;. �+►�! ; Agenda adopted with deletion of Item 4 �� ' �►� 1� :. JM / M�� .�. Mrs. Susan Erkel Sikorski will represent Congressman Jerry Sikorski to present the 1982 Cam►unity Partnership .Award Award presented Mr. Dennis Johnson - Update on City's suit against Waste Managesnent Board � 1•_ �:i�sj;iy�.eZ� Public Hearing on renewing the Gas Franchise with Minnegasco, and on adopting a New Chapter . 404 �titlea Gas Franchise and Repealing old Qiapter 404 in its Entirety . . . . . . . . . . . . . . . (See Ordinance on Page 8) Fublic hearing opened at 7:42 P.M. Closed at 7:50 P.M. PUBLIC W�RKS--ACTION TAREN: hanclled under Item No. 8 ...1-1C � / iance to Increase the Maximiun Size of a Free � nding Sign by Renneth Ingram for 7600 University nue N.E. (Tabled 9/12/83) . . . . . . . . . . . . . . . . . 2 - 2 F FALS QONIl�i. RE(S�iEI�IDATION: Approval with m tabled for further information from staff on what er service stations have in the way of signage LIC WORKS--ACTION TAKEN: further inforniation requested on October 3rd agec�a eiving Response on Inquiry on Black-Fly-Ash/Salt ture (Fran meeting of 9/12/83) . . . . . . . . . . . . . . . 3 - 3 I �continue use of black sl�g and report back to Council June of 1984. Also prepare a resolution for Council �sideration requesting Anoka County not to use black slag the City Streets for Council approval ;LIC WORKS—ACTION TAKEN: Discontinue use of black slag I Resolution for Anoka County in 10/3/ Agenda nsideration of a Resolution for Release of Portions Truck Highway Turnback to the City of Fridley abled 9/12,/83) . . . . . . . . . . . . . . . . . . . . . .. . 4 - 4 B IS ITEM WAS �.�� F�tQM �iE AGE[� DURING "ADOPTION OF �,,�.�, n deration of an Appointinent to the Energy ssion (Tabled 9/12,/83 ) . . . . . . . . . . . . . . . . . . 5 tabled to next meeting �,WORKS ACTION TAKEN: October 3rd Agenda iving Bids on Four�wheel tractor loader (Tableci 9/12/83) . . . . . . . . . . . . . . . . . . . . . . . 6 - 6 A Item tabled • October 3, 1983 Agenda iving the Stat�nent of Canvass for the ' enper 13, i5o3 Fi�,��rY �2:.tio : . . . . . . . . . . . . . . 7 - 7 C , canvass was received and approved �AL SERVICE—ACTION TAKEN: Canvass has been uted and filed for future reference nsideration of First Reading of an Ordinance opting a New Chapter 404 Entitled "Gas anchise" and Repealing Old Chapter 404 of the idley Code in its F�tirety . . . . : . . . . . . . . . . . . 8 - 8 F dinance adopted on first reading � �LS�. — T Put ordinance on next � enda for oonsideration o� second reading s onsideration of First Reading of an Ordinance dopting a New Chapter 109 F�titled "Air Quality" ncl Repealing Old C�apter 109 Entitled "Air vality and Solid Wast�° of the Fridley Code in ts Entirety . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 9 B �rdinance referred to Environemental Quality Camiission or their consideration and recomnendation UBLIC WURKS ACTION TAKEN: On DQC AGIIVL� 9/18/83 wuncil rieeung, SepLe��er le, lytu nsic]eration of First Reading of an Ordinance �pting a New Qiapter 101 �titled "Animal ntrol" and Repealing Old Clzapters 301 Entitled ivestock Control", 302 F�titled "Animal Control", d 303 Entitled "Wild Animals and Birds" of the idley City Code in Their �tirety. . . . . . . . . bled until after it has been discussed at the next nference Meeting Put on agenda of Conference Nieeting , 84 4 . . . . . 10-lOR �nsideration of First Reading of an Ordinance ,der Section 12.07 of the City Charter to Vacate reets and Alleys and to Amend Appendix C of the ty Code. (SAV #83-03-Clirri.c) . . . . . . . . . . . dinance adopted on first reading �'BLIC WORKS--ACTION TAKEN: Put on 10/3 agenda for �nsideration of second reading of ordinance . . . . 11-11C nsideration of First Reading of an Ordinance opting a New Chapter 121, Entitled "Intoxicating quor - Cons�unption, Use or Display", of the idley City Code . . . . . . . . . . . . . . . . . . . . . . . 12 - 12 B erred to Planning Gonmission for comments - LIC WORKS—ACrION TAKEN: Forward this it�n on Planning Conmission for their i.nput 10/19/83 ideration of First Reading of an Ordinance ding Chapter 504 of the Fridley City Code tled "Taxicabs" by Amending Section 504.02 . . . . . . . . I3 - 13 C nance was adopted on first reading RAL SERVICE ACI'ION TAKEN: Resolution being prepared rding reciprocity between oonmunities and standardizing nsing procedures. Will be placed on future agenda for ;ideration along with second reading of the ordinance � Council Meeting, September 26, 1983 Page 5 Consideration of First Reading of an Ordinance Adopting the Budget for the Fiscal Year 1984 ......... 14 Aaopted on first reading �BAL��VICE ACTION TAKEN: Will be on next agenda for consideraton of second reading Receiving Planning Caimission Minutes of September 14, 1983 . . . . . . . . . . . . . . . . . . . . . . 15 - 15 R 1. Request for a Lot Split, L.S. #83-05, to - Split Lots 28-30, Block 11, Haanilton's Addition to Fridley Park, into four Building sites for Separate ownership; 5455-5461 4th St. by Mike 0'Bannon and Star Hanes .................................15-15C pJ�ANNING C10P�IISSION RE�ONA�iEI�.1ATI0N: Approval & 15F-15R with stipulations aOUNCIL ACTION NEIDID: Consideration of Recorrnnendation. Approved Lot Split with stipulation FSIDLIC WORKS--ACTION TAKEN: Applicant informed sideration of a Resolution Authorizing and ecting the Splitting of Special Assessments Parcels 1760 and 2080, Lawell Addition, and �latting into Doty/tnTellner Addition . . . . . . . . . . . . . 16 - I6 olution No. 84-1983 �'RAL SERVICE—ACTION TAKEN: Proceeding with itting special assessments � Council Meeting, Sept�nber 26, 1983 +I�. ��!- • • � .� _ �• Cbnsideration of a Resolution Authorizing a Trust Agreesnent with IQ�IA Retirement Corporaton as Amended and Appointing a Coordinator for the Program .... Resolution No. 85-1983 adopted CE�TrRAL SERVICE—ACTION TAKEN: Agreement is being executed as approved Page 6 .....17-17D Consideration of a Resolution C�alling for a . Public Hearing on a Proposal to Unc7ertake and Finance a Carn�ercial Develognent Project , (Fair Oaks North Project/Skyw�ood Mall) . . . . . . . . . . . . 18 - 18 B Resolution No. 86-1983 adopted. Hearirig set for Oct. 17, 1983 CII�RAL SERVtCE—ACTION TAKEN: Necessary arrangements are being made for public hearing CAnsideration of a Resolution Appraving a Subdivision, Lot Split, L.S. #83-05, to split Lots 28, 29 and 30, Block 11, Hamilton's Addi- tion to Mechanicsville, into Parcels A, B, C and D, the same being 5455-5461 4th St. N.E.. ... Resolution No. 87-1983 adopted with amenc�nent to the description to include the turn-back property pUBLIC WORKS ACTIOI�I TAKEN: w�ording of resolution will be amended . . . . . 19-19B Consideration of a Resolution Authorizing Joint and Cooperative Purchasing of Fire Fighting Equipment t7y the Seven County Fire Department Joint Powers Purchasing Consorti�mn . . . . . . . . . . . . . . . . . Resolution No. 88-1983 adopted FIRE DEP�-ACTIdN TAKEN: A�greenent has been executed and forwarded to appropriate parties . . . . 20-20A Council Meeting, Septe�nber 26, 1983 Page 7 e:..eiving Letter from George M. Hansen Company, .A. and Appointing Auditor for the Year ending ece�nber 31, 1983 . . . . . . . . . . . . . . . . . . . . . . . 21 - 21 A etter received and George M. Hansen C�anpany was ppointed Auditor for 1983 F�1�L SERVICE—ACTION TAKEN: Letter has been Kecuted and forwarded oopy to Auditor oved . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 - 22 A Licenses issued ms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 aved RAL SERVICE ACTION TAKEN: Claims Paid oved ...........................24-24A Estimates Paid Cities of Fridley: �ank for for oonsideration of �g 64th Avenue - Fourmies Avenue . . . . . . . . . . . . 25 cation received . Fehn: Proposal for property at I-694 Hillwind Raad r FRIDLEY CI TY COUNCIL � SEPTEMBER 26, 1983 - 7:30 P.M. PLEDGE OF ALLEGIAN�E ;• • � � Council Meeting, September 12, 1983 � ;�•• •� • : �1�. •' ► •: 4 �7+�� Mrs. Susan Ehkel Sikorski will represent Congressman Jerry Sikorski to present the 1982 Community Partnership Award (Consideration of Items not on Agenda - 15 Minutes) . � , Public 8earing on renewing the Gas Franchise with Minnegasco, and on adopting a New Chapter 404 Entitled Gas Franchise and Repealing old Chapter 404 in its Entirety . . . . . . . . . . . . . . . . 1 - 1 C (See Ordinance on Page 8) �ounci� Meeting, Sepcemoer �o, lyd3 • � � raye � Variance to Increase the Maximum Size of a Free Standing Sign by Renneth Ingram for 7600 University Avenue N.E. (Tabled 9/12/83) . . . . . . . . . . . . . . . 2 - 2 F APPEA_LS COMM. RECOMMENDATION: Approval with stipulation Receiving Response on Inquiry on Black-Fly-Ash/Salt Mixture (From meeting of 9/12/63) . . . . . . . . . . . . . 3 - 3 I Consideration of a Resolution for Release of Portions of Truck Highway Turnback to the City of Fridley (Tabled 9/12/83) . . . . . . . . . . . . . . . . . . . . . 4 - 4 B Consideration of an Appointment to the Energy Commission (Tabled 9/?2/83) . . . . . . . . . . . . . . . . 5 0 Council Meeting, September 26, 1983 • � � •� � '•.� Page 3 Receiving Bids on Four-wheel tractor loader (Tabled 9/12/83) . . . . . . . . . . . . . . . . . . . . . 6 - 6 A . . � Receiving the Statement of Canvass for the September 13, 1983 Primary Election. . . . . . . . . . . . 7 - 7 C Consideration of First Reading of an Ordinance Adopting a New Chapter 404 Entitled "Gas Franchise" and Repealing Old Chapter 404 of the Fridley Code in its Entirety . . . . . . . . . . . . . . . 8 - 8 F Consideration of First Reading of an Ordinance Adopting a New Chapter 109 Entitled "Air Quality" And Repealing Old Chapter 109 Entitled "Air Quality and Solid Waste" of the�Fridley Code in its Entirety . . . . . . . . . . . . . . . . . . . . . . . 9 - 9 B Council Meeting, September 26, 1983 . . ► •� � -. Page 4 Consideration of First Reading of an Ordinance Adopting a New Chapter 101 Entitled "Animal Control" and Repealing Old Chapters 301 Entitled "Livestock Control", 302 Entitled "Animal Control", and 303 Entitled "Wild Animals and Birds" of the Fridley City Code in Their Entirety. . . . . . . . . . . . 10 - 10 R Consideration of £irst Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code. (SAV #83-03-Clinic) . . . . . . . . . . . . . . 11 - 11 C Consideration of First Reading of an Ordinance Adopting a New Chapter 121, Entitled "Intoxicating Liquor - Consumption, Use or Display", of the Fridley City Code . . . . . . . . . . . . . . . . . . . . . 12 - 12 B Consideration of First Reading of an Ordinance Amending Chapter 504 of the Fridley City Code Entitled "Taxicabs" by Amending Section 504.02 ...... 13 - 13 C � � Council Meeting, September 26, Z983 � . ► •� � -. Consideration of First Reading of an Ordinance Adopting the Budget for the Fiscal Year 1984 ....... 14 Page 5 Receiving Planning Cominission Minutes of September 14, 1983 . . . . . . . . . . . . . . . . . . . . 15 - 15 R 1. Request for a Lot Split, L.S. #83-05, to Split Lots 28-30, Block 11, Hamilton's Addition to Fridley Park, into four Building sites for Separate ownership; 5455-5461 4th St. by Mike 0'Bannon and Star Homes ...............................15-15C PLANNING COMMISSION RECOMMENDATION: Approval & 15F-15R with stipulations COUNCIL ACTION NEEDED: Consideration of Recommendation. Consideration of a Resolution Authorizing and Directing the Splitting of Special Assessments on Parcels 1760 and 2080, Lowell Addition, and Replatting into Doty/Wellner Addition. . . . . . . . . . . 16 - 16 C Council Meeting, September 26, 1983 ► � � •� � -. Page 6 Consideration of a Resolution Authorizing a Trust Agreement with ICMA Retirement Corporaton as Amended and Appointing a Coordinator for the Program ....... 17 - 17 D Consideration of a Resolution Calling for a Public Hearing on a Proposal to Undertake and Finance a Commercial Development Project ' (Fair Oaks North Project/Skywood Mall) . . . . . . . . . . 18 - 18 B Consideration of a Resolution Approving a Subdivision, Lot Split, L.S. #83-05, to split Lots 28, 29 and 30, Block 11, Hamilton's Addi- tion to Mechanicsville, into Parcels A, B, C and D, the same being 5455-5461 4th St. N.E.. ...... 19 - 19 B Consideration of a Resolution Authorizing Joint and Cooperative Purchasing of Fire Fighting Equipment by the Seven County Fire Department Joint Powers � Purchasing Consortium . . . . . . . . . . . . . . . . . . . 20 - 20 A Council Meeting, September 26, 1983 . . ► •� � -. Page 7 Receiving Letter from George M. Hansen Company, P.A. and Appointing Auditor for the Year ending December 31, 1983 . . . . . . . . . . . . . . . . . . . . . 21 - 21 A Licenses . . . . . . . . . . . . . . . . . . . . . . . . . 22 - 22 A Claims . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Estimate . . . . . . . . . . . . . . . . . . . . . . . . . 24 - 24 A � � M M \ �:! 7T�i � n� Sister Cities of Fridley: Thank for for consideration of Renaming 64th Avenue - Fourmies Avenue . . . . . . . . . . 25 :� � :� 9 , � ,� ;�� f THE FtINUTES OF THE COUPJCIL MEETING QF SEPTEMBER 12, 1983 1� IrLns� OF R4� RDQJLAR ��= nF � FRIDLEY CITY mI]NCIL OF SEPI�f�t 12, 1983 Rt�e Regular Meeting of the Fridley City Council was called to order at 7:30 p.m. by Mayor Nee. P'1�'� OF AI�L.DGIANC� • Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. �LL CAI.L • �BERS PRFSII�: Mayor Nee, Councilman Barnette, Cbunci]man Schneider, CounciLran Hamernik and CounciLnan Fitzpatrick I�iBERS ABSII�TT: None �QAMATION • HC�N SER�TI(�S �'I�ARR LlAY - SEPTQ�II2 23 , 1983 : Mayor Nee stated he has issued a proclamation which proclai� September 23, 1983 as H�man Services Network Day in the City. He urged all citizens concerned with the quality of huQrian services available to the residents of the City to join with the Anoka County Human Services Network in this observance by taking an active part in networking activities sponsored by this organization. �PPRf7VAL OF MIN[TI'�S • �C?�IL• MEETII�, AtIG[1ST 22.1983: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee c3eclared the motion carried unanimously. AD�PTION OF AGEI�IDA • Mayor Nee requested the corimunication from Darlynn R4nn regarding the use of black-fly-ash/salt mixture be moved to the Open Forum section of the agenda. NDTION by Councilman Hamernik to adopt the agenda with th e above change. Seconded by Counci]man Barnette. Upon a voice vote, all v�oting aye, Mayor Nee declared the motion carried unanimously. �,1PEN FORI.�'I . VISI'IC)RS • D�NATION - WOO�Q2ES� BAPTIST Q�URCH AAID ACADF3�'!Y • Mr. Itpbert Chrisran, representing Woodcrest Baptist Church and Academy, appeared before the Council regarding a donation for use in the City's park program. �!•. 1�, ,��1�. • ��4s,��:.�; � H Mr. Chrisman stated Fridley has the finest facilities available in co��parison with other ca�unities, and they appreciated the use of these facilities. A donation of $200 was presented to the City to show their appreciation. On behalf of the City and Council, Mayor Nee thanked them for their contribution to the park program. �' IDS[JRANCE �MPAIVIF.S - PRESII�ATION OF CERTIF �A�rF: nF � F+pR AOCIDII�Tr PRF.'VII�TrION• Mr. Dale Hadtrath, representing the City's insurance carrier, stated he had the honor of recently presenting the City with a dividend check due to their safety program. Mr. Hadtrath then introduced Ms. Joanne Laney, representing the Home Insurance Company who presented a certificate of inerit f or accident prevention. She stated Fridley should be proud of this award as only 10� of their policy holders qualify to receive such an award. Mayor Nee accepted the award on behalf of the City and thanked Ms. Laney for presentation of the certificate of inerit for accident prevention. USE _9F BIACR FLY-ASH/SALT MIXT[JRE - DiARLYI�II�] RONN. 1�9 u�►�rr�+tAtv CIRQ,E• Ms. Ronn appeared before the Council regarding the City's use of black fly-ash on the City's streets in the winter. She stated she was concerned not only with the aesthetics, but also the types of chenicals found in this fly-ash which may exceed health standards. She stated the black fly-ash runs into Rice Creek and the Mississippi River and felt water sanrples should be taken in these areas. Mayor Nee stated the material Ms. Ronn submitted was very interesting, however, there was some contradiction on what she had presented and what they have been told. He felt he would like a more complete report on the facts. Mr. Burch, Public Works Department, stated there are many advantages in using black slag because it stays in place longer and tends to melt the snaw faster. , Counci].man Fitzpatrick stated Ms. Ronn made the point the City is using a different material than what the County uses and that the City's material contains a higher portion of salt than what the County uses. Ms. Ronn stated some camnunities have became so envirormientally minded they refrain from using any salt at all on their streets. She felt the City should go back to the natural state and only use sand on the streets. 7he staff is to check the inforn�ation further which Ms. Ronn submitted and provide Council with a more complete report regarding the facts on the use of black fly-ash on the City's streets. �� 1�. � Y��M��. �. �+�M?Y�=_�: E;i�M�«: _��«..� � : a«: : � � ► ; y a+ Ptr. Ren Moxness appeared before the Council regarding facilities in the area of the Rice Creek neighborhood. Mr. there are a large n�anber of school age children in this are� Ridge oondaminiums and the Zbwnhouses, as well as those who Old Central Avenue and Stinson, and also the Harris Lake ar� these areas alone, there are probably around 400 children from kir►dergarten to sixth grade. ' :i7'n�l recreational Moxness stated i of the Timber reside between �a. Ae felt in ranging in age Mr. Mo�ess stated, with the sale of Rice Creek School, the playground area has a good chance of being destroyed or eliminated and they would lack playground facilities in this area of the City. Mr. Moxness stated he would suggest to the City, when they are considering the buc3get, to include funds for the purchase of Rice Creek School and perhaps to make this a joint venture with the County. He felt if the County should choose to purchase the building and the City purchase the land, where the athletic fields and rink are located, the gym in the school building could also be used for recreational purposes. Counci]man Schneider stated he spoke with Mr. Moxness and several other neighbors and suggested he coqrie to speak to the Council. Counci].man Schneider stated the City has been fortunate, over the years, to have 000peration with the School Board in regard to sharing the Rice Creek School property. He stated the key problem with the request made by Mr. Moxness is it is very expensive, and it is a significant increment wer and above the normal bu8geting process. He stated the question is, if the City wished to purchase the property, haa they would crnne t� with the funds. Mayor Nee felt a study and report should be made by the Parks and Recreation Department to determine what is needed to make it viable. Mr. Ctirt Loschy, 1399 66th Avenue, stated the residents feel the recreation area on the school property is very valuable to the comQnunity anc3 they w�ould like to see it renain and possibly the rest of the property develop into residential. Ae stated there are a lot of fears it will be used f or apartments or a larger density. He stated anything the Council could do would certainly be appreciated by the neighborhood. Counci]man Schneider asked when the School Board would take action on this property. Dr. Lapinski, a me�er of the School Board, stated they are looking for a realtor to pramote the property, but they really haven't given it too much thought. �mci]man Barnette spoke regarding the requir�nent for a park fee or land dedicated for park purposes in developments within the City. Mr. Mo�mess stated he understands the School Board wishes to have the County purchase Riverwood School and, if this is the case, would the County �� J�. � tiI�1�M1�. �� y�1�4:ry�l: �i; object to purchasing Rice Creek School instead. Ae felt better arrangement, as the building w�uld then be adjacent property. .0 this would be a to County park Dr. Lapinski stated the Citizens Advisory Committee recommended to the School Board that they look into disposing of these properties, however, the County hasn't indicated they are interested in purchasing the property. O�uncilman Schneider felt perhaps staff could do a study on the various alternatives for the area and what would be needed in the way of acreage for land for use as a park. He thought perhaps there should be an informal discussion with the School Board on possibilities of purchasing the land, without purchasing the building. Councilman Schneider stated he felt Mr. Moxness wanted the City to take a very active role in defining alternatives and in generating a list of options. Mr. Qureshi, City Manager, �tated it is difficult to oome up with options, when the School Board doesn't know what they want to do with the property. He stated he can see what is needed, but it has to integrate with the other use of the property. He stated, if Council wants a report on the minimum amount of space need�d to acconmodate the recreational facilities, this could be done. Councilnan Ha�nernik stated this is an area somewhat void of recreational property and he would like to see what staff feels would be a viable piece of park property at that location. Co�ancilman Fitzpatrick stated he believed the City should do what it can to preserve part of the property for park purposes, unless they can duplicate something similar elsewhere in the neighborhooc3. MOTION by Councilman Schneider to direct staff to prepare a report covering: (1) their estimate of the minimum facilities required for recreation in the area of Rice Creek School, Timber Ridge, and Rice Creek ��houses; (2) make some informal inquiries with the County regarding potential joint funding of� any future acquisitions and/or the County locating at Rice Creek School, as an alternative to the Riverwood facilities they are naw using. Seconcled by Councilman Fitzgatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ti yl� M.�� c��;� Councilman Barnette urged all District No. 14 residents to search their hearts and preserve one of the finest school districts in the State of Minnesota by casting an affirmative vote for the school referendtun. Dr. Lapinski of the School Board stated they have f inancial problems in District No. 14 and, in 1984-85, the Sclzool District will be broke unless they have either a new source of revenue or cut studies and prograans. �� J�. � Y��IM1�. �� +�tisYic �; • :�C ': He stated residents of the District will v�ote on a 6.5 mill referenduun, twt it will have the effect of 3 mills on the taxes, because they will not levy the 3.5 mills on the debt red�tion. He stated this would only be for a five year perioc� and, hopefully, something will change by the end of this time. He stated the School Board has cut aver a million dollars our of the budget and, if this referend�un doesn't pass, it will have a drarnatic im�act on the school syst�n. { �= :� : : �. i 1� .�_ � : �. • � /_ _- • ► � a_� ) � _� 1 :} 1 �� 4i ,4 �,� 1� !. _ • y : � 1!9 � }�!�J►1 • ► : y. • ' : :� • . S. : /�u ! • �x� � ��i�� 1!e\�� ►I� �� M �i� �� i �� 'i�� J\ � :\ �� \. M \� � 11 �.7:��1 �!�;� \ MOTION by Cflunci]nan Hamernik to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing open�d at 8:20 p.m. Mr. Burch, Public Works Depart�nent, stated this vacation is requested to allow the expansion of a clinic at 500 Osborne Road. He stated, in conjunction with this vacation, the petitioner is requested to provide an easement around the building and pay for any expense of relocating the utilities. Mr. Burch stated the Planning Commission recommended approval of the vacation providing a new easement is obtained for drainage and utilities. Mr. McRee, the contractor for the addition to the clinic, stated there are no public utilities in the easeqnent naw, but only private ones. He stated they have found there isn't a telephone con�any cable, however, there is an old abandoned water line and sanitary sewer line which serves only the clinic facility and this would be rerouted around the building. He stated there would be no expense whatsoever to the City and there will be private lines to serve the clinic. No other persons in the audience spoke regardig this proposed vacation. MOTION by Council.man Barnette to close the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, alI voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:27 p.m. i J- .i s � �. �.� y.� �: �� « .1� �. :31��. � . : : �. � 1�� I�TION by Counci]man Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:27 p.m. Mr. Qureshi, City Manager, stated the total budget proposed for 1984 is $7,357,113 which is a 3.79$ increase over 1983 budget. �� )�. ,��M�1�. • ��y5,�1:.a+; � � cl . Mr. Qureshi stated the total aanount for revenue sharing is $187,000 and includes proposed expenditures in the areas of City Management, Police, Fire, Park, Recreation and Naturalist Resource Depart�nents. Mr. Qureshi stated there are no new progra¢ns proposed, and it is a balanced budget as required by the City Qiarter. No persons in the audience spoke regarding the proposed 1984 budget. I�TION by Councilnan Barnette to close the public hearing. Seconded by C;o�mcilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee c7eclared the motion carried unanimously and the public hearing closed at 8:30 p.m. 3. SIBLIC HF.ARING ON A PROP06ID PR�I7ECT ADID Tf� ISSUAN� OF APPROXIMATELY 54.300.000 II�IDi]STRIAL DEVELOPMk'� RE�IENCTE BUI�IDS - FR��C SHEER ASSOCIATE.S: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:31 p.m. Mr. Qureshi, City Manager, stated this proposed facility, to be financed through industrial development revenue bonds, is located south of 77th Avenue and east of the railroad tracks and enco�asses about seven acres. He submitted drawings of the proposed building to be constructed. Mr. Langer, Langer Construction Ca�any, stated he was the contractor for the project and representatives of Johnson Printing Company w�ere present to answer any questions. Stuart A. Weitzman of Johnson Printing stated their company has been located in Minneapolis since 1950 and in looking for an area to expand, a site was selected in Fridley due to the cooperation they received f rom staff . He stated they currently �loy 85 people and, with the expansion, it would be aver 100 �loyees. He stated Johnson Printing is a full service commercial printing company and they also manufacture packaging. He stated they hoped to begin oonstruction next monfih and start operations by next spring. Mr. Jim Casserly, 0'Connor and Hannan, stated they are in the process of concluding final negotiations with First National Bank of St. Paul and some form of credit guarantee would be provided by the bank. He stated he assumes the bonds will be publicly sold, but didn't knaw exactly what form it would take as this is still being negotiated. Mr. Dick Harris, 6200 Riverview Terrace, asked if the entire parcel was being purchased. Mr. Qureshi stated the property is being split by the awner and only seven acres will be purchased for this facility. 4. 5. 6. 7. ��.1►. ��yl�. �. �+��ti�4�: ': Mr. Harris asked how the additional traffic would be handled as the intersection at Osborne Raad and I►lain Street gets very busy. Mr. Harris was advised that the first shift at this facility would begin at 7:00 a.m. and end at 3:00 p.m. and the second shift would be wer at 11:00 p.m. , therefore, they di�'t feel there would be a problen with the normal rush hour traffic. Mr. Qureshi, City Manager, stated the City has made a formal request for upgrading Osborne Road between Coamerce Lane and East River Road. Mr. Inman, City Clerk, stated the estimated value of the building, including contents, is about $4,000,000. Mr. Casserly stated the value subject to taxes would be about $2,500,000. No other persons in the audience spoke regarc3ing the issuance of industrial revenue bonds. ' MDTION by Councilman Hamernik to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �animously and the public hearing closed at 8:40 p.m. �i�: ,i �� 1� �� i► • : ► : ' .� ►�� 1 �� y.l ��i�;e} ��,�� : �� MOTION by Councilman Fitzpatrick to table this item to the next meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • : � ► � � « �! : �?�►�� . �,4 �4�; . � � M.� �: �� y !�� y .�� Y� �\� ' i • ' �i � ��\ • � � � e f!__•lJ\I� �, }� • � • 1 1 MDTION by Councilman Hamernik to waive the second reading of Ordinance No. 782 and ac3opt it upon second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � : � �� « �! ; +�i�►�. ,. «. � �4�+; . � • y.� �I:_�� M�► �� ►� y 7�� : �1 ; M�1� �. =? : Ml�l�i� �. �il • � . 1 1 • MpTION by Councilman Fitzpatrick to waive the second reading of Orc3inance No. 78:i and adopt it on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4�� « �! :tiI�V� �. �!�i �9�1� . 1 • M�� i�� 7} �/ ��;� �. y �� !,!►. ►. � _� : �,�?��u ,, sy • � . � MOTION by Councilman Schneider to waive the second reading of Ordinance No. 784 and adopt it oci the secor�� reading and order publication. Secondec3 by Councilman Barnette. Upon a voice vote, alI voting aye, Mayor I�ee declared the motion carried unanimously. �� 1►. ,��+��. • �+�ya,�i: �+; � ;�� M � � : ti_��i� 1�. «� � '�4�; . � � �. _ �: �� :� �� 4 �� , �. � � : M . )=_ =� : M_7i�i� �, 5� � � . 1 '��—� MDTION by Councilman Schneider to waive the second reading of Ordinance No. ?85 and acbpt it on the second reading and order publication. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. +i�. = , y��_ . �� t 1� �+�: • � • ��. M� : 4 • � :? : �� . . ' � � � �. .l� �4_ �. �� .. �� Mayor Nee stated the Council requested staff to respond to what actions the City might take regarding the hazardous waste siting for Fridley. Mr. Qureshi, City Manager, stated what staff has proposed is to (1) look into the City's zoning regulations for adjustments in order to control such a development in the conununity; (2) work to get as much exposure and publicity and support fram ather comnunities and their representatives who use Minneapolis water; and (3) check into the possibility of getting cost estimates frcxn law firms co�etent in this field in case the City wishes to proceed with a legal action. Mr. Qureshi, City Manager, stated if a hazardous waste site was proposed in Fridley, it would require approval by the Pallution Control Agency, after an environmental impact statement, and appropriate testimony from the comnunity would be heard. �ere was a question from a person in the audience if any of the actions outlined by the City Manager had been taken or if they are only proposed. She stated she felt there wasn't enough publicity given to this issue and the residents weren't fully informed, and requested a firm stand by the Cotmcil to take action this evening. Mr, Qureshi, City Manager, stated this issue has been in the City's newsletter, as well as radio, T.V. and the local and Minneapolis newspapers. Councilman Schneider stated this is the first regular Council meeting since the Waste Management Board's decision. He stated at the Council's conference meeting, the staff was askec7 to check into law f irms competent in this field, as no one wants a waste site in the City. He stated they are trying to come up with a plan and proposal that makes some sense, and agreec3 action should be taken at this meeting. Councilman Schneider stated he felt the citizens were informed, as this issue has been in the newsletters, newspapers, as well as on television. A gentlsnan in the audience stated he felt this issue had been dawnplayed and the citizens are looking for some leadership from the Council to prove the negligence of the people who are proposing such a site for Fridley. He felt this issue should be addressed immediately and a stand taken to protect everyone's health. �� )►. � vI�1�M/►. � ��M�,��=.�� Another person in the audience urged the Council to do their best to keep a waste site fram going into the City. Mr. Herrick, City Attorney, stated there are probably three things the Gouncil should consider. He stated, in order to canmece legal action, this has to be done within 30 days firm when official notice was received. He suggested it be started by serving a swnmons and complaint which would involve some c3epositions and researching files and records. ee stated the oost estimate would certainly be in the upper limits, but didn't feel that amount of money would have to be committed to start proceedings. Mr. Herrick stated the designation of this site means, in a sense, some of the local control has been preanpted. He stated he believed the staff's suggestion to tighten up all zoning is something that should be done, but because of the nature of the State law, the City no longer has complete control aver a veto of such a facility. Mr. Herrick stated it woulc3 se�n to him one certain way to prevent this facility fram locating in Fridley would be to actively att�t to find land users that would use up the vacant space before a proposal is received f or such a facility. He felt it should also be made known to any private concern who wants to oonstruct surh a facility in Fridley that they are rot welcome and the City w�uld take any means within their authority to see that a permit is not issued. Mr. Herrick stated the City could also c�allenge the environmental impact statement and if this goes to court, it certainly would be time-consuming for anyone who wanted to construct such a facility. Counci]man Harnernik asked what wotzld be the estimate on the nwnber of hours irrvolved to c3etermine whether we have a 50/50 chance of being successful in a court case. Mr. Herrick stated it is difficult to give an hourly figure, as research would have to be done and records inspected. He estimated possibly 100 hours of w�ork should came close to knowing if you have a resonable case or not. Mr. Herrick felt the legal action is just one of the ways they can proceed and other avenues should be explored outside the courtroam. � Mayor Nee stated he thinks the Council, as well as all residents of Friclley, share the outrage on what they perceive to be an unreasonable procedure by the Waste Mana9ement Board. MOTION by C.ouncilman Schneider to authorize and direct the staff to hire a legal firm to initiate action against the Waste Management Board's decision in selecting Fridley is a hazardous waste site and to be sure this f iling takes place prior to the deadline. Seconded by Councilman Fitzpatrick. Upon a voice vote, all wting aye, Mayor Nee declared the motion carried unanimously. �� 1►, r ,�i�+��1�. �� +�4�,�i: �+; �; c► � A gentlgnan fram the audience questioned haw soon saciething may be built on this site in Fridley. Mr. Herrick stated a request would have to oome from some private f irm who wants to develop this as a hazardous waste site. He stated there are a n�anber of sites designated throughout the metropolitan area; however, hazardous waste facilities wouldn't be built on all the sites. Mr. Herrick stated the Pollution Control Agency does not get involved until such time as there is a proposal to oonstruct such a facility on one of the desiqnated sites. He stated, at that time, there will be an environmental impact statement which is an indepth study of the site and recomnendations if the site was oompatible, the safeguards required, etc. He stated the Pollution Control Agency would have to approve any operating permits. Councilm-�n Barnette stated the site designated by the Waste Management Board is a logical site for other industry and if development can be encouraged, there is the possibility the City may not have to worry about a waste facility constructed at this location. � : ��l_ �/1�. a e \�\ �. !! �i,� • ► ,r �� +4. • ;. r, y • : 1 ;y�:J_ i �1�; •a •a�;�� : 1. �� : .•.. C� _ _ � 1� y.l • • �� -� 1�1M4�+� �� ; � � � _ / �; 1 ► Mr. Mark Burch, Public Works Department, stated this is a request for a special use permit to enable United Stores to set up an outside tent area for display of inerchandise about three times a year. He stated they presently have some outdoor display of their tents and the request is to put up a tent for special sales several times during the year. He stated the special use permit is for outdoor sales. Mr. Burch stated the Planning Commission recommended approval of this request to allow retail sales in the outdoors with the following stipulations: (1) the special use permit continue on an ongoing basis with yearly staff review; (2) the erection of the large tent be limited to a total of 16 days per year; and (3) to allaw the display of camping gear and tents outside to be set up and taken dawn during store hours. Mr. Qureshi, City Manager, suggested if the special use permit is approved, the staff should review it every year and the Council shoulcl review it after three years. MOTION by Councilnan Hamernik to concur with the recommendation of the Planning Commission and grant special use permit, SP #83-06 to United Stores to allaw the use of a tent for 16 days per year for outside display of camping gear and tents which would be taken down during the hours the store is closed. FUrther, the special use permit be on an ongoing basis with a yearly staff review anc] reviewed by the Council in three years. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10 B. 10 C. 10 D. �� 1►. 1 y1�l�l�ih. �� y?v�=.�► .*� : ?� 1 y 1� � : ' � : ' �:•v Y 'f' 1 +� � � � Y.1 ��V�_i e � \ � i i f ��i �� y �\ i \ �� . �. � i. �� y_i \�! e 1 � � • i � � :i�l�� • \ Mr. Burch, Public Works Department, stated the Standard Oil Station would like to install a car washing facility and has agreed to the following stipulations reconmended by the Planning Camiission: (1) petitioner work with the City staff on landscaping plans; and (2) a 15 foot sanitary sewer easement be retained on the south side of the property. MOTION by Councilman Schneider to concur with the recommendation of the Planning Comnission and grant special use permit, SP #83-07. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ;�� )_y �� •a, ; •�;�y 1: �� ; �� Y.� �� 9�. 4 � ► • � .� : �� . '; �� .► • : � �. � ►. « ►� 1� : ► : .� � �. � �,� �• �� ► �19� 4 • � �� ; 1 1 �. : � : �! :�!: � + MDTION by Councilman Hamernik to concur with the recormnendation of the Planning Commission and grant special use permit, SP #83-08 to allow expansion of a clinic at 500 Osborne Road N.E. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. M4s� �1:�! � : ' ' � !! +��+� • ► M� �. • :. .r. y • � � !; � _ �.�1 �� ► «: : M•� � : ��l 1� • : � _ �!+. ►�� ►. h► � ?�►4��9. ��::4 ��; . 11 J� ,1�: : /?4i ► Mr. Renneth Ingram, the petitioner, appeared before the Council regarding the request to increase the size of a free standing sign for the service station at 7600 University Avenue. Mr. Ingram stated their present sign is 75 square feet and they woulc3 like to relocate it on Osborne Road and put a new sign of 108 sqaure feet on University Avenue. He stated they are allowed two signs as they are located on a corner lot. Mr. IngraQn stated the Appeals Commission stipulated they work with the staff on additional landscaping which he est�mated would be around $5,000. Councilman Fitzpatrick asked if it was a fact that because it is a corner lot, they are allowed taao signs. Mr. Burch stated they have f rontage on two sides that is why two signs would be allowed. l�Ir. Ingraan stated the existing sign is u¢�der 75 square feet. Councilman Hamernik asked if that includes the pricing or identif ication only. Mr. Ingra¢n stated that is the total sign. Councilman Fitzg3trick statecl what bothers him if it is a fact they can have two signs, because they are a oorner business, every service station in the City is on a corner and they may have many requests for additional sic�s. ��. 1�. � M�� . • ��4y��=. �: •; N Councilman Barnette stated he is all for keeping business in Fridley and doesn't have any objection to it himself, but it se�sn.s they are making an awful issue out of signs for businesses that serve the residents of Fridley. Mr. Qureshi, City Manager, suggested the item be tabled for f urther inform�tion. Mr. Ingr�ti was advised it would come before the Council at their next meeting. MOTION by Councilman Hamernik to table this item to the next meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � r � : �.« �� : ��. « �c�� ►� ; �+� �? i �, �� _ : � �y:: «, : �� ' � : �. !1 �4� _ �'� �l� ! . ; � : �.� �i� �� 9: � � ��►t + -� � «. : : � �� . 1; H:��. J�� ;,�: l�n Mr. Burch, Public Works Department, stated the Ground Round Restaurant would like to oonstruct an addition on the corner of their building. He stated haaever, they have a problem with the setback requir�nents and most of these problens occured as a result of right-of-way taken for Highway 65. Mr. Burch stated the Appeals C.ommission has recommended approval of the variances with the stipulation the petitioner work on the landscaping, as well as making some improvements in the parking area and providing accessibility for the handicapped. Mr. Pelk, representing Ground Round, stated they are willing to do anything requested by the City in order to enhance the property. He stated they would put in additional handicap entrance areas and ramps, as well as additional landscaping. M�TION by Councilman Hamernik to concur with the recommendation of the App�als Comnission and grant the variances to reduce the required f ront yard setback from 80 to 75 feet; to reduce the required side yard setback from 80 to 60 feet; and to reduce the parking lot setback fram 20 to 5 feet with the following stipulation: the petitioner work with staff on landscaping; upgracling the parking lot striping; and adding handicapped entrance areas and ramps. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to receive the minutes of the Planning C.o�mission Meeting of August 24, 1983. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. : �M �� . � : 4 . �l� �,► !!�� i� ti �. i�y_ • : .�i i • : MOTION by Councilman Aamernik to receive the minutes of the Cable Television Camnission Meeting of August 11, 1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��. J�. � ��Y1�. �� M�v�=.�: . :�� : a-_� . �M � ► �! �� y.� YI► �� : �� : �Y. � : �. y. .� .. �. • i I I I I i �: . � � i � ' � �. '� : M.� J�� i i�� i � �/� � i�l.�\� � 71I�\, :��n. �.. :: �, ►►�k��,�� !!M':�� ':,� )a,y � • ��. ►i.�; ►. ►. MOTION by Councilnan Aamernik to adopt Resolution No. 75-1983. Seconded by Co�cilman Barnette. Upon a voice vote, all wting aye, Mayor Nee declared the motion carried unanimously. ♦ '�'�� . � �/\ \ � � � ,��\. 71 � �11 \�i fa � � � ��J/i �� i � ♦ � _ � \�� • • rl J►1 • � �� y: : � �l?� ! :V �►1 : 4 : ?+ �I: : �. M.� � ;,� ��.� ►� Y.1 r 1►4!_`�/.: �►� :�.�? : �i� �� M � �L�+ ! *M �►� ;. �9..�: � 1�: � •• �� !_ ; ►�� ;.IYr�: ►. �:_'::� �i► • ►��l�l_ _:� �� ►14• :.�� -_' ; � : 4 ��!� 1},�/ MDTION by Councilman Barnette to adopt Resolution No. 76-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimously. : _ :� . � �i� ►� ' � : ' �:�4♦ �. M.1 „�;� �� j�?� ! yM �� * ► i�: : �� l/� ! :� �� 9: 4 �! Mr. Ir�anan, City Clerk, stated this reolution is in conjunction with the public hearing held regarding modification of the HRA development districts fram three separate districts into one, referred to as a Project Area. He stated, by c.ambining these districts, it allaws more flexibility in terms of actions within those districts. He stated this resolution doesn't move any funds or add to the tax increnent at this time. Mr. Jim Casserly, 0'Connor and Hannan, stated, at this time, this is a procedural and planning device. CounciLnan Hamernik questioned if tax increment from a given district oould be used in another district for land write-downs, etc. Mr. Casserly stated tax incresnent in any district can be used anywhere in the Project Area which includes all the existing tax increJnent areas being combined into one Project Area. Councilman Schneider stated he thought he heard a different answer last time this was discussed and was told it was difficult to move funds. Mr. Qureshi, City Manager, stated any moving of funds would require the Council's approval. If the Council chooses to move funds, they have the authority. He stated the basic purpose is to develop a holding mechanism to have one base to provide a reserve system that, hopefully, can help all the districts. Camcilman Schneider asked if there are protections built in so the tax incrgnent isn't shifted fram one district to another within the Project Area. Mr. Casserly stated the truth is it is all City money and when general obligation bonds are issued, the City is responsible in some fashion. He felt, if a future Council cbesn't have the insight to put into reserve to pay the bonds, there is nothing that can be done. �� 1�, � tii�±�+��. • �+�ya,�i:�;_y�i_�'�:�� .�r , Councilman Schneider stated a situation can be created where a tax incrgner►t district cannot develop further because of increment taken for something else. Mr. Casserly stated, if the City approaches develognent just on a piece-by- piece analysis, some will w�ork out and others will not w�ork. �e effort is to try, when possible, to coordinate it. There is nothing in the resolution that suggests any fund transfers, except it pravides the ability for the Council to do so. Councilman Fitzpatrick stated it se�ns what Councilman Schneider describes is something the Council w�ould have to choose to do. Councilman Schneider felt there wasn't a good checks and balance system, as a lot of what they do in regard to tax increment financing and redevelopnent comes fram the recomnendation of staff and other groups, and they are the same persons who advise the Housing & Redevelopment Authority. He stated he is not suggesting any improprieties, but if different persons and bodies were reviewing recomnendations, something that is wrong probably would be caught. Mr. Inman, City Clerk, stated there are many persons watching over the City's procedures such as Mooc�y's, the bond counsel, and auditors so he felt there was a system of checks and balances. Mr. Imnan stated if you are going to have a reserve, there is no way.to build one up under three segarate districts. Councilman Schneider stated he would f eel more comfortable if there was some check and balance system between the i�2A and Council and, if the HRA had some policy set dawn on who would receive funds. Mr. Qureshi, City Manager, stated if the I�tA wishes to use this tool, they cannot do it without the Council's approval. Mr. Casserly stated the underwriters are extremely conservative and, as soon as the City is in a position to get some kind of rating for the fund, the rating agencies will be involved. He stated his experience is the process is so slaw and underwriting requirenents becoqne so difficult, the dynamics that take place is how to loosen them in order to get more projects approved. MrJTION by Councilman Fitzpatrick to ac9opt Resolution No. 77-1983. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Zfiis item will be discussed further at the Council's conierence meeting. : �-`_• . �+ � � � � �� .! 1; C �. .� 4, y,l_ �+� �� ?� ,,�: . �. ; �u � �i� ��I � ��1�1 .. �y. � � � ; 4. �i� �� = � N�. : ��!�. � : _ ��1 � _ ' ?14 �. �1� a� � �� V� � : � �� • y.l :. �+y, � � � MOTION by Councilman Fitzpatrick to adopt Resolution No. 78-1983. Secanded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��. h. .��+�M��. �� ,��=.�: •;d ��i♦ �� 1� i y �i\ � i � _.��i . �� \ �� )� ►IC.ir� � � i �� / y� �\�♦ � ��i_ � � � ��l lyl: 81� �1� . ' : ►i� ' : :� �i 4�� )\'► • �4�:. ► � � 71\. !yl: 71� �� . +� M.I Yy �� : �� 1 Oouncilman Barnette asked how property would be given back to the property aaners if they c3on't want it. Mr. Qureshi, City Manager, stated, in�ome cases, they may not be successful in returning the property back to the property owner. He felt, however, there should be a policy regarding the turnback of property to the awners. Mdi'ION by Councilman Barnette to table this ite�n. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriec3 unanimously. � �:� . � � � \ � � : a�iy ►. �� ' : � L til � : . _ ~5[. ��l �� i� � 71� / M �� ►1\�7i�/y �i\ MOTION by Councilman Hamernik to adopt Resolution No. 7�1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. : :� . � • ► ► � : 1 � : �4 �, i )� _- y � ► �� .� : : ►. • � �:.� ��. �� . �•,'!� ��l :�• i� : M. �: / « �� i�i�y • �� MOTION by Councilman Schneider to adopt Resolution No. 80-1983. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. : ?ti`_• . � • ► ,! � : �:�il �. a: _' : :: SI • � • M.� ► � ; � �M 7� �i�: M: : b� ?�� : ►�� : �v!!!: • y: ' : MOTION by Council.man Fitzpatrick to adopt Resolution No. 81-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ��:� .� �� i�4� �. {J: L •\ • r�� . �� y�l_ '�� `1 1�1 • • • • I y• 4 �1 � • � � • . . i .V_\� V. 1, ♦ y• f__f V. �� i►! •__M,J/: yf - 1�OTION by Councilm-u► Aamernik to adopt Resolution No. 82-1983. Seconc7ed by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. r ;.. • • � u� k� ; � / : • ; � • ; ��?�►I��i�1� �: ��d �+: y �4s� ':� i}��1 �.!?�. ?1L� � �+__ �+ !!�'t'ION by Counci�.man Schneider to adopt Resolution No. 83-1983. Seconded by Cotmcilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � �« �/��, : �� : �� : �li �� . ��i\��' �/ �� i� �� Irl7i�1 4�' ��i� �:� 71� : 1�� • • �1+1�1� • • • • :. - - • - - - • • • • -- • ��. )�. M��1�#MI�. �i ��y�,�i: �1; (BIL�6 �I'INCTIDj Vendor Zeigler Inc. 5$ Bid Fidelity Make Caterpillar Model 930 Optional $24,207.00 Dquip. $ � $86,535.00 Less Trade $9,000.000 Scheduled $2,485.35 1Kaintenance Maint. �pense $4,500.00 Guaranteed $52,500.00 Repurchase 5-Year Cost $32,020.35 Delivery 60 - 75 Days Date .� • Seconded by Councilman Schneider. Upan a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 3c �� 1� _: • �.� • :_ L�4 �. : 1� ; a« �/�� .r, �+ �l�i�'I:� ; ►�� ; a_� 1 �M �. � .��4 ,1� : �� !u�' Y; �«, MOTION by Councilman Fitzpatrick to reject all bids received August 17, 1983 for a one-ton d�unp truck. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i ' �� 4��4- 4� �y�' !��a�ati MOTION by Councilman Schneider to ooncur with the follawing appointments by the City Manager: �,►� � Michelle Aill 690 Osborne Rd. Apt. #309 Fridley, N�1 55432 Vicki Johnson 1132 Buchannan St. Mpls. , N�A1 55413 . � �, • Office Asst P+olice Dept. Office Asst. Police Dept. � � ! �, � — � v • �+• • «� 9/6/83 $990 Lee Ann Petschen Month 9/11/83 5990 Kathleen Samora Month ��. 1�. �� lYl�. �� +��=. �: ••• 1 1 I� •• 1 7�� Laurie Roatch Office Asst. 9/1],/83 $990 3101 �yler St. Police Dept. Month Mpls. , NAl 55418 p� 17 Barbara Hutchinson Seoonded by Cotmcilnan Haanernik. Upon a voice vote, all wting aye, Mayor Nee declared the motion carried unanimously. �� 1 ti ; y M�TION by Councilman Sc,hneider to approve the estimates as submitted. Herrick & N�mr�n, P.A. 6279 Univesity Avenue N.E. Fridley, Minnesota 55432 For legal services rendered as City Attorney for the month of S�nith, Juster, Feikema, Malmon & Haskvitz 1250 Builc3ers Exchange Building Minneapolis, I�] 55402 For legal services rendered as $4,250.00 City Prosecutor for the months $4,712.50 of June & July Park Construction C�ny 7 900 Beech Street N.E. Fridley, Minnesota 55432 FIN1�L FSTIMATE Moore Lake Restoration Project �137 (BASFV) Monnette Construction Campany, Inc. 2050 White Bear Avenue St. Paul, 1�] 55109 Estimate #5 Center City Plaza $ 1,677.15 $ 8,962.50 517,939.51 $68,262.85 Seconded by Council.man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • 26. 5��,� 1�TION by Co�cil.man Fitzp3trick to authorize payment of Claims No. 224520 through 253S65. Seconded by Councilman H�nernik. Upon a voice vote, all voting aye, May9r Nee declared the motion carried �manimoc�sly. r «�,� MOTION by Co�mcilman Barnette to apprave the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all v�oting aye, Mayor Nee declared the motion carried unanimot.tisly. �� 1�. ,��1►. �� 4�v�=.�; ' % �� 411�1 ;. Y ��► �. �� :�•�� - • �_ � � - .=N ; Zt�is item was cliscussed under the "Open Forum - Visitors" section o£ the agenda. ; ! � 1: „r �� MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the and the Regular Meeting of the Fridley City Council of September 12, 1983 adjourned at 10:30 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor � � r PUBLIC HEARING BEFORE TNE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 Univer- sity Avenue Northeast on Monday, September 26, 1983 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of an Ordinance renewing the Gas Franchise with Minnegasco by adoptinq a new Chapter 404 entitled Gas Franchise and repealing old Chapter 404. The renewed Franchise will be available at Citv Hall in the Enginnering Department for anyone wishing to read this renewed Franchise in its entirety. Any and all persons desiring to be neard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: August 31, 1983 1 •. ... � � August S, 1953 Mr. John Flora Public I�'orks Director City of Fridley 6431 University Ave. NE Fridley, bL'V 55432 Dear John, In response to your questions of August 4, 1983, I offer the following information: 1. Twenty-one communities that are members of the Suburban Rate Authority (S.R.A.) have ordinances that expire during calendar 1953 that deal with tl�e franchise agreement with �finnegasco, Inc. 2. Of the t�oenty-one, ten have passcd the ordinance as written and agreed to by the S.R.A. Committee, the S.R.A. Attorneys, and Dlinnegasco. One community completely eliminate.l tl�e Section that dealt with a"possible" francl�ise fcc. Tl�is was agrceablc with Minnegasco. 3. The remaining communities are all in various stages of acceptance and to my best knowledge all intend to use the S.R.A. model in its entirety. Please remember that if there are any changes proposed in this model, Minnegasco must be contacted. After passage, two sections will need attention. I will need the following to comply with Sections 2.2 and 2.5: 1. A copy of the ordinance 2. A copy of the Affidavit of Publication 3. A copy of the Actual printed article 4. The invoice for publication expenses A COmpBny Oi D:versified Energies, InC. 20t South Seventh Sireet. M�nreapci�s. M�nnesota 55402 lA �. . 1B From these materials, I will prepare the acceptance document and pay publication expenses. Please contact me if you have questions. Sincerely 1 � C�� Don Bistodeau Manager, hlpls. Region Services bfinnegasco, Inc. 700 W. Linden Ave. Mpls. , I��V 55403 DB/sl r+■ citv os FR1 L Y C�IRECTOAAT� OF PUBLIC WORKS AT E September 20, 1983 ROM D.P.W. John Fl or�_ Minnegasco Refranchising 1C MEMO R A N.D UM MEMO N0. 83-21 TO Nasim Qureshi, City Manager ACTIONI INFO• The Minnegasco 20-year franchise was extended for ten years to January 1, 1983. • Thfs franchise was approved by the Suburban Rate Authority and accepted by all members. . With the expiration of the franchise, Minnegasco has submitted a separate franchise to each corranunity serviced for a twenty year period. The Suburban Rate Authority is no longer responsible for setting gas rates but they have developed and submitted the attached franchise for its members to adopt. Staff has reviewed the franchise and would recommend the City Council consider this docoment for approval. JGF/de �, MEHO T0: John Flora, Public Worka Director (� M�!!0 PROH: Steve Olson� Environmental Officer ' !�:!!0 DATE: September 21 � 1g83 SIIBJECP: Yestera Store Sign Variance, 7600 Oniversity Ave. N.E. On June 28� 1983� Layo 011 Co.� applied tor a variance Lo install a aev identification and price pylon sign at 7600 Dniversity Avenue N.E. This aign would be erected along IIniversity Avenue with the existing pylon aign Deing moved to Pace off Osborae Road. The existing identification and price sign ras erected in September. 1976 and is 75 square feet. Tbe new pylon aign consista of an identification aign and two price aign panels vith a total of 108 square feet. The total of 163 aquare teet is in ezcess of the 80 aquare feet allowed by the City Code. Section 214.045 of the Sign Code permits one (1) free standing pylon aign per �treet frontage vith a maximum of 80 square feet per develoment. Although this portion of the code is clear� there is a difference of opinion about what portions of Lhe pylon sign ahould be included xhen determining the total area of a aign. Section 214.045� paragraph 6, Gas Stations� states that "One (1) gas price �ign is allo�ed in addition to one (1) permitted as an integral part of Lhe identification aign." Some members of the City stat'f and the Appeal s Commission have interpreted Lhis to mean that a business is allowed 80 aquare feet of aignage and any gas price aigns ahould aot be included in Lhe total. This seems to De the Appeals Commission's decision on this particular variance. The other interpretation is that the 80 aquare teet is the maximum signage permitted and would include any price aigns attached to the pylon. The other limitation is that a aervice atation can display only tro (2) �ets of price signs on the premises. This is Lhe interpretation that was given to the petitioner� 1Cayo Oil Co., vhen they first applied for the variance. At Lhis time� the �taff is looking for direction from the City Council. The existing Sign Code is being reviewed to bring it into conformance with Lhe new Zoning Code and whatever position the Council Lakes on this matter vill be incorporated into the Sign Code. If I can be of further assistance� pleaae contact me. SJO/�h � �� i' .i _ , . . =�j`_ � �t.as �;. ,� NA �c �� , _ � � �, �. — - -- �Ge �... ; ; �.:, p�� c `:,. . �„o �,. n � «I�X ��M MoUU�tyy �TE (2) — . �'�5�4 V� sJ�. 4u�sET � ' I�-8 L��111,JC� u�rT ¢ was�t�R �� 1 r -r . � � �� . , -- _ _ — - � � ..� � '�, � ' � ��/C c` :,� � � --- : • ... — • - �,� �� .. �:-� ,,. � � . �T;,- t:,�� ..„ ..,,,.� .� ,� .�,�•:! :� , s I �, r � � I�;;� : ( � � ; �� t ��:�� I - --� f � �--- - — . _� fauuo�au Nc coUc�EjE. 3a -flES�C�u SorL � PEDESjAL OIM : �.3b �5. CDI. i i K AYO ��x �2�x 12�5TL T1JbE. �OUC. pE.�F�p►1, y1f,,E � I �t'c. n 5n. �►r � baTb �—�{ • RtQ'� ( E�'16�D y�R MN.I. � -T�x2�x21� P.a+,6E. �E 4t2: m 9� o.c. �� -- - n��l.�--7� _� s � _ -.,�,,:: ,; . _ '.a�� ' j: ' 4 -�� t� �� ` �' , • — . . . 2A � �5Q. FoDj,4C�E 0 6iyN �oa.4 � 2n DUI. FWLE (5) �F i �" a�.�cHO� F�o�Ta C4) � E � E,G. OU1LEj �►J CE►.ljER (!) . �-�'' �' / � � UI I -� --�-� -�-- i �,, - �5� Pl�1jE �� N 6 I 't � � s �- r. �� I � � � � �'- i �� u�uy p�T� '0. ��' C�� ,-� - ; �:� � � �� . � � N�11/b� --_ ; ��,� � � �� , . \ � �� J� �� s -�,.-_ 2 �� s � � �� 0 � _ �-- . . � . : � . ; 1 2C City of Fridley 1►PPEALS COI�fISSION l�ETING - T[TESDAY, AUGUST ) 6, 1983 PAGE 1 CAI.L TO ORDE R : Chairper Gabel called the Appeals Conanission meeting of August 16, 1983, to order at 7: p.m. � ROLL CALL: Members Fresent: Patricia Gabel, Alex Barna, Donald Betaold / / / ,. /� i Jim �3eme1, Jean Gerou, / / Othezs Present: Da ell Clark, City of Fridley Kenn Ingram, P.O. Box ]242, Minneapolis Norman . Johnson,,�511 Dover Street Richard Polk,-'Jr., 2670 Wilhite Dr., Lexington, KY Mr. t Mrs. uis E. Miskowic, 6180 Briardale Court N.E. Leslie W. Wi�l , 6061 Central Avenue N.E. James Reiland, 68 Woody Lane Bernazd�K. Heille �418 Meadowmoor Drive N.E. � � APPROVE APPEAI,S COIrA�1ISS] MINUTES OF JULY 19, 1983: Theze weze some tai cozrections on page 2, to add "a contzactor" in the second to last paragzap and on page 3, fourth paragraph, to ad8 the word "see." M�TION by . Bazna, seconded by Mr. Plemel, to approve the hu nutes as amended. Uf'ON A w wTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED '1�E MOTION CARRIED UNAA1 LY. � l. Tabled) REQUEST FOR VARIANCE PURSUA1vT ':0 CHAPTER 214.045 OF THE FRIDLEY CITY CODE� TO INCREASE THE HAXINU*1 SI2E FOR FREE STa�DING SIGNS FRO"� 8U SQ. FT. TO 183 SQ. FT. TO ALLOW THE CONSTRUCTIO': OF A FREE STAh'DING S]C!� ON LOT 1� BLOCk 1, COhi'�RCE PARl� ADDITION� THE SA."� BEING 7600 Ut�IVERSITY AVENL�E N.E. (Request by Kenneth Ingram, P.O. E:ox 1242, Mpls., !�W 55440) NOTION by Mrs. Gezou, seconded by Mr. Barna, to remove Agenda Item No. 1 fzom the table. UPOtv A VOICE WTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED TE� MOTION CARRIED UNANIMOUSLY. �lr. Clark explained that the last time this item was on the agenda, the Petitioner was ur�able to attend and a zepresentative fram the siqn company attended who was not totally familiaz with the details of the signs. Mr. Clark emphasized the stipulation from the Staff Report that Petitionez wrk with staff on additional landscaping around pezimeter of the property. - Mz. Ingram, zepresenting the western Station (Kayo Oil/Conoco), was present and stated that headquarters approved the addi.tional landscaping which would run around 55,000. _ - -�- -- 2 D ��eals Cammission !leeting - 1►uqust 16, 1983 Page 2 He further stated that the company fee2s the need for an identification and pricing siqns for east arrd west traffic ar►d would like a new siqn of 108 sq. ft., western name on top and t�ro pricing panels (plastic-inner-lit) and their present sign is 75. sq. ft. He said they �uld like to m�ve the pzesent siqn to Osborne R�ad, which vould be back within the limits and put the new siqn on the NE corner of the property, vhich vould probably requize the taking out of the telephone booth and placing it somewhere else on the pzoperty. lLs. Gabel said the Ca�ission has several ooncerns and they feel the present sign is very visi.ble and they have recently turned down other gas stations that have asked foz additional siqns. She stated the station situated across from Western has a 60 sq. ft. sign and they would most probably ask for a variance for a larger sign if this one is qzanted. She also stated the Cou�nission was not clear on the hardship. Mz. Ingram said the marketing departaent of the company feels there is a lot of tzaffic on Osborne th at does not qet visibility from the pricing siqn. Ms. Gabel stated the Wall siqn is quite visible and asked if they investigated any alternatives. Mr. Ingzam said th is is the way the company wants to go throuqhout their nntionwide operating area. Ms. Gabel asked about designing a different type of siqn, and if they have seen the Champlin station sign and if the price signs nre an integral part of the desiqn they oould be any size they want them to be. Mr. Clark said the Champlin siqn is a four-sided siqn, each face about 20-25 sq. ft and the price siqns belaw are the same. There Was some discussion on the siqn code and Mr. Clark obtained copies for the Co�►ission members. Ms. Gabel said the sign code (214-9) read one gas price sign in addition to one permitted as an integral part of the identification sign. Mr. Barna felt it meant two gas price signs; one past of the main sign and an additional one. Mr. Clazk said it could have an 80 sq. ft. ID sign and attach gas price signs along as part of the identification siqn. Mz. Ingram said their present sign is 75 sq. ft. total (identxfication ar�d price signs). Mr. Clark stated that the recent request that Was denied for a qas station was that their sign was a co�mpletely separate adver- tising sign. Ms. Gabel said if the top of the Western is only 22.8 sq. ft., granting a 5 ft. variance should be enouqh based on their interpretation of the sign code. Mr. Clark said the City Council and the City Attorney's office will have to make their owm interpretation. Ms. Gabel noted that the Champlin station siqn was up when the code was written. Mz. Ingraa► said the shape of the siqn will stay the same and the face will char►ge as they will char�ge them thzouqhout the Metro area. Mr. Barna asked if they are allawed two pylons per lot and !�lr. Clark said yes, totaling 80 sq. ft. I�Ls• Gabel stated th at the Commission's interpretation of the sign code is that it does not apply itaelf to the pricing siqn. ypTION by Mr. Barna, seconded by Mz. Betzold, to close the public hearing. UPON A VpICE W'I�. J►LL VOTING AYE, C�iAIRPERSON GABEL DECIARED THE PUBLIC I�ARING CIASID AT 8:10 P.M. Ms. Gabel noted that the price sign issue in the siqn code should be addressed by the Plaruiing Commission and the City Council. 2E Appeals Coa�nission Meeting - August 16, 1983 Page � !l�TION by Mr. Betzold, seconded by Mr. Barna, that the Appeals Camnission recotmnend to the City Council, approval of a 5 ft. variance to increase the maximum size for a free standing siqns to 85 sq. ft. to allow the construction of a free standing sign on Lot 1, Block l, Co�nerce Park Addition, the same beinq 7600 University Avenue N.E., Fridley, Minnesota, and that approval of this variance is based upon the Commission's interpretation of the City Sign Code, Section 214.02, Defin�tions, Paragraph 32 "Siqn P►rrea" as well as Section 214.045, Paragzaph 6"Gas Stations" which they interpret as the pricing signs are not included as part of the overall maximian sign area; and upon the stipulation that Petitioner work with City Staff on additional land- scaping around the perimeter of the property. UPON A WICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECZARED THE MOTION CARRIED UNANIMOUSLY. (This Item goes to Planning on 8/24/83 and to the Council on 9/12/83). l. REQUEST FOR VARZANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY REDUCE THE SIDE YARD SETBACK FRUM 5' TO 3' TO ALLOW A SINGLE CAR BE A DOUBLE CAR GARAGE, IACATED ON LOTS 5, 6 AND 7. BLOCK K, R�if IGHTS, THE SAN� BEING 515 DOVER STREET N.E. (Request by z-ma. son, 515 Dover St. N.E., Fridley, I�IIJ 55432). � CODE; TO 6i4RAGE TO L. MOTION by Mrs. Gerou, seconded by Mr. Barna, to open the publi heazing. UPON A WICE VOTE, ALL WTING AYE, CHAIRPERSON GABEL DECLARED THE P LIC FIEARING OPEN AT 6:15 P.M. Chairperson Gabel r�ad the Staff Report: �DMI7ISTRA?Z'PE STAPF REPOR? 515 Do�er Streei H.E. ! �. P'UH1.IC P'ORPOSE S�ERI/ED B REQDIRF�N'�'. 3sction 205.0T3. �B. (2)• quire� aide yard ad�oinirig an ittached garage to be not less thaa 5 feet q� Public purpo�e aerved ��th requirement is to provide apace between individual atructures t reduce onflagration of fire� to provide access Lo the rear yard for eme�ncie� an to limit the condition of crowding in a residential neighbor�ood. B. STATED HARDSHIP •I need a tride and C. �DMlLi I /car garage for �ore atora back 9 feet from eide prop TIOE STIPP REVIBii: Present garage is only 16 feet line." She iating aingle car garage (16'z22') ia 9\1 feet from the east side pro erty line. Tbe property to the ea�t of the a�pplicant'a has an existing a le fa.mily bouse vith an attached double garage ` The double garage is 7 eet from the line. Reducing the aide yard aetback from 5' to 3' would still aaiAtain a diatance of 10 feet Detveen atructur (�ee aurvey map). If the Board move� to approve tbis request� we recommend hat the atatus of vinCoys on the east wall De discussed. The overhang should De constructed to ensure a22 root �rater fa22s on tbe applicant'a property. � � E: Fro� � a�st oc NASIY QURESHI C1TY 1[ANAGER'S OFFICE . � ECT: Questions Raised About Advisability of Using Black Fly Ash TO MEMORANDUM JF-206 3 acT: or� I 1 NFO Ms. Darlynn Ronn appeared before the City Council and supplied us with the attached material in regard to risks involved in using fly ash and salt mixture on our City streets. She contends that (1) The City used more salt than they would have if they had used it with sand; (2) Fridley is the only community that is using black slag from NSP. Even the material the County is using is different and more environmentally safe; (3) None of the other comnunities or the County is'using this material. Hennepin County did an analysis and decided not to use it. The Cities of Anoka, Columbia Heights, Spring Lake Park in Anoka County do not use this material; (4) She indicated there are some other reports that indicate environmental hazards regarding use of this material; (5) There is a high mercury content in the slag. The City Council would like us to make a comprehensive report in booklet form which gives a1i the background material show9ng pros and cons and showing the use of the material we are using by other cities, if any, so the booklet can be supplied to the City Council for their review and appropriate action. The City Council indicated they would respond back to Ms. Darlynn Ronn at the next council meeting which is on September 26, 1983. Please run copies of the attached material so the originais can be returned to Ms. Ronn. Thank you for your assistance. NMQ/ms 3A l�MO T0: Nasim Qureshi, City Hanager MENO FROM: John Flora, Public Works Director l�MO DATE: September 21, 1983 SIIBJECf: Response to JF-2Q6 Attached is a summary of information pertaining to Black Slag and Fly Ash. It appears that the problem, other than color, has been in the use of terms. While Fly Ash has been used in oommunications, we should have been discussing Black Slag as the material we use in deicing. Slag is a silica (sand) obtained from the burniag residual. Ash is dust/particles obtained from the stacks and burning pits. The following is a response to Ms. Ronn's issues: 1. We have experimented With varying quantities of mixes and find that the 1/3 mix provides the best deicing, long term control and economic solution. Our mix consists of one loader fUll of slag, one of sand and a partial load of salt. While not exact, it is close to a 113 miz. 2. Fridley is one of eighteen cities and three countys/districts using N.S.P. Black Slag. 3. ilithin Anoka County� ottly Fridley and the County Aighrray Department use Black Slag. Hennepin County does not use Black Slag because their costs of loading and hauling increase the eost of material to that of aand. 4. The reports submitted bq Ms. Ronn indicates that "None of the EPA Primary Drinking Water Standards are exceeded bq any of the ash materlals leachates. !lPCA stated that "Salt probably represents the greater detriment^ environmentally than ask miature. Black Slag is a recycled material Whereas sand is a material resource, therefore Slag is more environmentally appealing. 5. The reports provided by Ms. Ronn indicate that there is substantially Iess mereury in pure Black Slag then in a Slag/Salt mixture. Also mercury could not be determined at the drinking Water standard level (Only traces of inercury beloW the �easuring capability oP the testiag equipment Was found). In revieW of the information presented by Ns. Ronn and past communications, the follor►ing su�mary fs submitted: 1. Black Slag Characteristics: Slag - recycled material Silica - abrasive/cuts ice Angular - remains in place/cuts ice Black - absorbs heat/reduces ice 3B Inert - no oontamirsating leachates/saPe Clean - furnaced over 3000°F. and Washed 2. Cost Comparison: S.Zag - �1.�t0 per ton Sand - �2.10 per ton Salt - �18.11 per ton Calcium Chloride - a285.00 per toa 3. Dae: A. Anoka County 1. County 2. Fridley B. Ramsey County Arden Hills C. Washington County 1. County 2. Hahtomedi 3. Stillwater 4. Oak Park Heights 5. Lake EZmo 6. Oakdale D. Dakota County 1. South St. Paul 2. Mendota Heights E. Minnesota Department of TransportaLion (MaDOT) District 9 F. Outlying Areas 1. Chisago City 2. Lindstrom 3. Taylor Falls 4. Willernie 5. Seandia G. Wisconsin 1. Osceola 2. St. Croix Falls 3, Hudson 4. River Falls .� �t. Placement: A. Anoka County distributes a 7 to 1 mizture of Slag and aalt over the entire traveled surface of East River Road because of trafPic and at sLop, signal intersections of the other Countq roads in the City. 3C B. Fridley distributes a 1/3 mix of Slag, sand, aalt at signal intersectioas, hills and curves. If the problem is the amount of Slag on East River Road, we could request the County HighWay Department to revieW their sanding policy and request the amount of deicer applied be reduced. If the problem is the placement of deicer on Aartman Circle, We Qould eliminate spreading on those slopes. JGF/mh 3D l�MO T0: John Flora, Public Works Director MEMO FROM: Bob Nordahl, Operations Analyst l�MO DATE: September 21, 1983 REGARDING: Korthern States Prn+er Black Slag and Fly Ash I have contacted Nr. Dick Ellis� Fuel Supply Department of Northern States Poxer Company� concerning the questions and proper terminology of Black Slag or Fly Ash. He stated that these are txo different products produced by Northern States Power's Riverside and other coal burning plants. We Were assuming that Fly Ash and Black Slag xere the same products xith different terminology. They definitely are not the same products. The Fly Ash is produced in a pulverizing coal boiler along with Bottom Ash. These products have never been marketed as deicing material and never Will be. They can De used in oonstruction fill and concrete materials only. Black Slag (Cyclone Boiler Slag) on the other hand is produced in a cyclone burner boiler. The coal is fired up to and eaceeds 3000° F. Which produces a molten lava form. It is then processed through a Water bath. When the lava form contacts the rrater, it solidifies and shatters into angular silica granules. At this stage it is a solid, such as sand, and there is no further chemical breakdoxn. Anoka County purchases Black Slag from the Riverside Plant. The City of Fridley purchases the same slag at the same tiIDe as the County. The County loaders load Fridley's trucks along With the County trucks. The Fly Ash is not stored near the Black Slag stockpiles. Dick Ellis stated that it is not possible for Fridley or Anoka County to load the Fly Ash by mistake. It is supervised by N.S.P. personnel When loading occurs. The cost comparison of sand� salt and Black Slag is listed belox: Sand: � 2.10 per ton •Blaek Slag: � 1.40 per toa Salt: � 18.11 per ton Calcium Chloride: �285.00 per ton �Black Slag is sold at a1•75 per yard Which is equivalent to 2,500 pounds or =.0007 per pound. Talking with the Street Foreman and Superintendent of Public Works, the salt/sand/slag spreading mixture varies With almost every sno�r and ice removal operation. Sometimes the deicing mixture is spread heavier due to very eold and eztreme ice buildup. Other times coaditions involve very light spreading miztures of material if conditions are not serious. The spreaders are adjusted as each operation begins or during an operation if a ehange is necessary. However, both stated that Fridley follo�rs the State regulatory rules on ice control and deicing material applications bq applying deicing material only at 3E iatersections, atop aigns, yield signs, curves, hills, railroad crossings, school crossings, etc. The deicing cre�s do aot applq material on streets xithout Lhese special conditions listed above. There have been emergency conditions, in past years, especially after a freezing rain storm, Where more extensive deicing materials are applied on residential streets. I have talked to Steve Warren, with the Minnesota Pollutioa Control Agency, Solid Waste Division. concerning Black Slag reports and updated daia analysis. He atated that the NPCA has no information that Black Slag is a pollution problem and no neW studies or tests have been conducted on B1ack Slag. However, they have conducted studies on Fly Ash, again �hich is not used for deicing material. Also we ta2ked about the lab results of Serco Laboratories, xhich received samples from Anoka County's stockpile of Black Slag for testing. He atated that the Federal Register EPA Drinkiag �ater standard for mercury is 2 parts per billion. The lab reports .4 or 4 tenths of one part per billion in the analysis taken from the second sample which contained salt. The first column of the report contained slag only and mercury Was not detected at their testing level. Also, I have talked xith Mr. Paul Rudd, Anoka County Engineer. He stated that Anoka County loads County and Fridley trucks from the same stockpile and feels that Lhe Couaty reduces the amount of salt used and reduces the frequency of deiciag operation with the use of Black Slag. Fridley is the only community in Anoka county using Black Slag� but many other cities and agencies are using Black Slag for deicing material (see attached list). In conclusion, it appears that Black Slag is more economical to use than sand, and also reduces the frequency of deicing operations. iihen the frequency is reduced, the volume of deicing materials spread on the atreets and roadWays is reduced. Again, the Black Slag is angular and does not move off the roadways. Sand is round and is often carried or rolled axay. Slag is also Iighter so more can be carried per truck than sand� a1loWing more area to be covered, improving the efficiency of the deicing creWS. Also, because of the color, operators can detect quantities already spread and areas that need more deicing material. Because it is black, it absorbs the heat and helps With the melting process. Because of the color, the main disadvantage of Blaek Slag is the "dirty" and polluting appearance that is associated With the Slag. Sand is lighter in color and therefore aot as visable as Slag. If you need further information, please let me kno�a. BN/mh 0 � Updated list of agencies and cities using black slag: l. 2. 3. 4. S. 6. 7. 8. 9. 10. 11. 12. 1. 2. 3. 4. 5. 1. 2. 3. 4. Metro Area Arden Hills South St. Paul Hendotd Heights Mahtomedi Stillvater Oak Park Heights Lake Elmo Oakdal�e iJashington County Anoka County Fridley NnDO? - Dist. 9- Possibly Dist. S Chisago City Lindstrom Taylor Falls �+'illernie Scandia Osceola St. Croix Falls River Falls Hudson Outside Mecro ;� Wisconsin 3F I :liiieidi:i"s3,::ii3i3ti � •:,}`• � �:::�, I � ' �!/�a:s� sa3.si . r��: •r�.�� .�� :• ��1�� ' � -�- '-��'`� 3 G J � � « i - �, _ � +- --_— ; � '�. --,, � , - ---_-�i; � ; : i; '` � � . -- �- --; ' ± ;o,-'= � � j �'� . /, :Y .` , � r. , ' _ i ',_- :,.. ;,_ 6� ; �► • � � ,,,. � _,l_� � � � • � : �� : - �.� . � 1 . � , ; ----- , . � , ; . � ..-%�'` -� , �i : # t' ; (. '. --�=----- � .�T �� .. � - : , � ' � • � , � -:>,� �:.� � ; � � . 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( � /---- � �.. —.�. � r' �� ! '=.., .� .� ! �. ' � � )} iF : � .i ! �' �.sjr ' - � ■ � I � � e a� .� . . �,, s ��,,� _ .�' , ,� ,;:. �� _ �1 f �, �= � '''�; : �' `� "� � � ---. � � S �� _- -- s� `� , ��/� !t r� � . _ , . � � . :;• _ -- ----- ----- - ,��.� ��; -j"�- - - . ---�- -�- -- ; � � :� , �� , , . . � � �; :, ,< < •,,,� � � �..� '�� . � -1 ... _. J � 1 ��, ' { 1 �f`' � • a: I �� _ �w � �;�- ''�':_ I « f « N N N tNt GITY Of FRI L Y DIF�ECTORATE OF PUBLIC WORKS ATE �Ptember 21, 1983 ROIiA D.P.W. Bill Deblon - Planning ' UB.lECT Environmental Quality Comnission Discussion of Slag MEMO N0. 83-68 John Flora TO 3� M EMO A A N D UM ACTION INFO• X For the past two meetings, the Environmental Quality Commission has discussed the use of slag on the City's streets during winter. Testimony has been offered against the use of slag by two residents. The Cortmission has been studying this testimony and other information prepared by Staff. At this time, the Commission has not made any recommendation one way or the other. They are not convinced that environmenal problems will be caused by the use of slag. The Corrmission will continue to follow up on this issue. WSO/de 0 �� September 22, 1983 Mr Robert Nordahl City of Fridley Department of Public Works 6431 University Avenue Fridley, MN 55432 Dear Mr Nordahl, Northe�n States Power Company 414 Nico�let Mall M�nneapo��s. Mmnesota 5540t Te�ephone (612) 330-5500 The Riverside Steam Plant in Minneapolis produces fly ash, bottom ash and - slag from the combustion of coal for electrical generation. As we previously discussed, the State of Minnesota and many communities and counties purchase slag from NSP as a snow and ice control aggregate. The price for slag F.O.B. NSP's stockpile at St. Anthony Blvd and Marshall Street in Minneapolis is $1.50 per cubic yard through April 30, 1984. The following is the results of a test completed in March 1981: Results of EPA Toxicitv Analysis - Parts per million Arsenic Bari� Cadmi� Chromium Lead Mercury Selenium Silver Fly Ash L O.I � 1.0 � 0.02 G 0.2 � 0.3 � 0.01 �0.1 t0.1 Bottom Ash �0.1 � 1.0 �0.02 � 0.2 �0.3 � 0.01 10.1 � 0.1 Slag �0.1 � 1.0 � 0.02 � 0.2 �0.3 � 0.01 � 0.1 �0.1 If you have any further questions, please contact us. Sincerely, R J Rernies, Superintendent Fuel Supply Development & Operations By C�� R P Ellis, Coordinator Ash Utilization vf cc: D J Chmiel W W Eldridge J A Noer •3I RBSOLIITIOA N0. _ - 1g83 Rffi..EASB OF PORTIOpS OF TRIIIT� HIGAiiAY TQRNBICH TO TH8 CI?Z OF FRIDLEZ MSEREAS, the Minnesota Department of Transportation has acquired real estate for trunk highrray purposes; and WHEREAS, the Commissioner of Transportation has determined that certain portions of this real estate are no longer needed Dy the State for trunk highWay purposes; and HHEREAS, pursuant to Minnesota Statutes 161.16 and 161.24 the State has conveyed by a Quit Claim Deed a portion of the above referenced HighWay No. 69u to the City of Fridley; as shoxn on the attached maps and legally described in said Deed (Document No. 583698 recorded at the County Recorder December 28, 1981); and i1HEREAS, a large portion of the turnback consists of slivers and pieces of properties that are unbuildable and of no benefit to the City and should be returned to the original or adjacent aWners and placed on the tax rolls; and NOW, THEREFORE, BE IT RESOLVED that said properties adjoining the folloWing property: Parts of Lots 1 and 2, Auditor's Subdivision No. 94� parta of Lots 6, ?, 8 and 9 Auditor's Subdivision No. 25 and parts of Lots 28, 29 and 30 of Block 11, Hamilton's Addition to Mechanicsville are excess pieces of real estate Which are not by themselves buildable and that they be released to adjoining property owners. BE IT FURTHER RESOLVED that the City Council hereby authorizes City Staff to negotiate for survey and legal description costs for these properties With the adjoining property rnrners. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1983• WILLIAM J. NEE - MAYOR ATTEST: SIbNEY C. INMAN - CITY CLERK 02/8/ 17/ 17 4 _ ,, � ` � ^+ ; �� _ •` 1 " •: , I � �� ,�'�i�i�„ '�Q: �` ` �^ O .� '•r � ! � �� \ � � � t � �• � �• � f� •, � _ . . . 1 . 1 � � , , � � lf i � � ` � � � �' • �i 1` . � . . 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':r � � � . � ^ � " � �i`-�'' � � �� 'iC ` �_ _ �� -�. ` ` � I � ' . -� �' • � - � � • � � _ n -• � � � �. .�.. 2 . . _ . • � p� � , ,N ' .. �.__ � e_- Of i 4 ` �Z . - • � , ' MAOISON' AVE. � =s J Q. ' r.. � . � m �. � � ! ,_� _ �j � . +sok sr Y: � i r � . a � . ,.`'} : � `ti ; :� _r' N c ' � � , = .. � � + m i a j CS ��— ,��z .. �; `.,+ 1 v � c _` , :� °` ;; ' :: :.�s- < ''' � . � t: . _ 4_ '.e.r., r. �►i ' � � w! � _ -- - �- - - �... � h-.�� , tn ; .� '` ' � � t: ` •:'r i — o � �'; •�;; '� O 'i � � 1'h • • �m '� `' 2 � N 0 z•. k. , ( � i:, - _ / ` ' y' < ��1 -•;`T.'1 � 1 ,� =GUINCY ,. , SL -. 1 � ' �� . � * / ! � � °.. � _-�. . �� g ��' i � R� _ :: � ♦ � � � ` � � � � � .�I � � rO � � � 48 � . FOR C�NCURRENCE SY TMF C1TY GOUNCII APPOINTMENT - ENERGr CONMlSSION S TaDled � � __ �_ ENERGY COt41I5S10N ADPOINTEE Bradley R. Sielaff fL70 Plaza �rve 574-0470 ' � TERM EXPIRES RESIGNING MEMBER 4-1•84 ' Jerry Cichosz 7509 Tempo Terrace N.E. (Resigned 10/19/82) 4-1/65 Todd Tessmer 6890 Channel Rd. h.E. (Resigned 5/23/83) N E � + � � � L � O 0 _ � � odn L /0 O i0 f..l N L V Cy O � m C � O Q O J � C > O W H O Q d' h- � W � � O �-+ C Y O ..M"+ J U W W � oc O � � � . p� W � Z CO {7 L C� Q � S N � d a /p �+NO O N •• L d C�.- >� � d .- O M b � m r oc W > J O M � 4 9 � � W � C � �fY � O O N Af N W = O U �� d � W � N N M O O Z� Oj W ^ �' � K N I W W t� Z ' �I �� iZl �1 ,Q e �� N M O O W I � � I H � M O u'� e•f � �O � M � � JZ ^ : Wi O � d f N� .d QI N ) W M L O J C C� m a � � I Z � O �e t�'r o� 0 .� � v � � _ L W ] H • m 67 � � cl�� N � ��L1 1L O i m 0 G� One Four-Wheel Drive Articulated Rubber-Tired Tractor Loader Suggested Vendors: Bid opening: September 8, 1983 11:00 AM Ziegler Inc. 901 West 94th Street ,/ Minneapolis, MN 55420 Jim Lundquist George Eide 888-4121 � � 7� � � Long Lake Ford Hwy �12 Long Lake, MN 55356 Jim Cox 475-2281 Lake State Equipment Co 12500 Dupont Avenue South Burnsville, MN 55337 Tom Orescher 890-8880 Road Machinery 4901 West 78th Street Minneapolis, MN 55437 Len Kirk 835-3535 Borchert Ingersoll Inc. PO Box 43037 St. Paul, MN 55164 452-3211 �y,►�k Ny�'ursT Sweeney Bros. 7om Sweeney PO 98 Salvage, MN 5�378 Case Power and Equipment 6340 Highway 101 ,. Shakopee, MN 55379 N=' 6eorge Janauska 862-9274 International Hough Dresser Industries Construction Equipment Branch 5633 West Highway 13 Savage, MN 55378 L. R. (Loyd) Lundquist 894-1450 Advanced lndustrial Equipment Co i45 West 78th Street , Minneapolis, MN 55044 j Russell Tjernlund 884-7587 Horvick Manufacturing RR #�2, Box 85A ,., Fargo, ND 58102 Lee Erickson J 6 D Equipment Inc. �1 PO Box 507 Lakevillw, MN 55044 � � � d � � � . � a ., � � � � 8 Y � � . � rl � � � u � P1 m .-1 � � � � � � � g � � � V � � � � �a � Y yV Ir . � � O m O ! � � �7 » .r� m s� �� 0 w Ir m � q O� C O wy ��s�� rl � �j � �V Pf �1 Y1 �-1 N P1 • rl N Pf • �M � � � � � � � � � ��r ��a �}a �},� W W W W P� W W iL F W W W W �1 1 1 1 1 1 1 1 1 1 1 1 1 rl �V � .� � N !V !V N Pf !�1 Pf P1 �y �`d `� �`d '� � `� � '�' � '� �`d '� '� s s s: s s s s s s s z s � m 0 N �' . 1 e �°' .. �. � .. dg � � � � r1 O w � v 4 b � � � � � V a � V � � � � � M � � � � g � N � a° m � • a. � � � � � � � � � � � f � H1 i � d n � N � � N � � � N1 Z � � .. � � � � � rl � N � � W rl � � � � � w°� � � ° '' � � � � N O mi A ,1fl.+ �f1 .-1 rl m m � .-1 O � � � N O s ao r .r o r r .. e•� e� r� o 0 1+f P1 N r � O r1 �1 ►y 1�f � � � O O N �1 1��f � N O m e� er O P1 • � 1�0 • � rl rl � � � � � rl C v � � � � m 0 � � a N � m �O O� 1D r1 n N � .y r4 �-1 �O a � � � N N1 O � � 7A e �� .r �� ! M � � b b � � g � e w .� • � � � V � rl � � � � b � V � � � � a � �! Y � � � � �'�'+ O q r � � � � .. � � b �� • .. g � .. � M � a 1 i � � � � O J J a m O C.� W J W � �..� W C � O H V � .. O b 0 c c � � ,. c � 0 eo Y 0 C Q r � 0 � m 4J w E � a M O� � �� M r W � W a � w Q � y W � H 7B �� .� �� N � � � �' �a � .. .. O W � V 4 � � m � � �' � � � � � v ~ �� - � � � °� a, � �• �N&�� m�.��p .y .�r �.-�'i�� C � ?��> � � � �� y -� � � �,� � . �� m �� '�� . � �8 � N � ��r �� w .��i ID �-1 � o�C�� .. �. � � � `� _ >`, � 'y Y +� +1 {O �"1 ��s� .� � �� =F�� .. a�c�T° � �g8�'�� • � m��v � � ��my�� N �ti U r0� � �� "[[�r � � U +� Y +A z � d � � Fr w � L Vj r+ Y oP=..� N S �; � c� � � �� N � rl w ��'�� m � N �6 8 ��a �. � � ��, � �� $� �� go � 9� � � y� � �� • � � � �� >.�� "�� 8 � � � o�� N � y � � ��`�y�� _�_�� n 'd � .-?�i a,�i o V � ?�� .. �� s� � �' �' �' � $ � �� _ � :, s � � : � s : � � : 7C : •.• � � ►• � • AN ORDINANCE ADOPTING A NEW CHAPTER 404 ENTITLID 'GAS FRANCBISE" ArID REPF.ALIl� OLD CHAP'PER 404 OF THE FRIDLEY CITY �E IN I�5 FI�T�IREIY An ordinance granting Minnegasco, Inc., a Minnesota corporation, its successors and assic�►s, a norrexclusive franchise to oonstruct, aperate, reg3ir and maintain facilities and equipnent for the transportation, distribution, manufacture and sale of gas enerc� for public and private use and to use the public ground of the City of Fridley, Minnesota for such purposes; and prescribing certain terms and conditions thereof. Zhe Council af the City of �idley does ordain as follaas: 404.01 DEFIIJITDONS �e follawing tem�s shall mean: 1. Campany. Minnegasco, Inc., a Minnesota corporation, its suooessors and assigns. 2. Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other foims of gas enerc�. 3. Mtmicip�lity, Mtmicipal Co�cil, M�icipel Qerk. Rhese terms mean respectively, the City of Fridley� the Council of the City of Fridley and the Clerk of the City of Fridley. 4. Public Ground. All streets, alleys, public ways, utility easements and public grounds of the Mtmicipality as to which it has the right to grant the use of the Cang�ny. 404.02 F'R1�1rK�ISE ��nT.r y l. Grant of Franchise. �ere is hereby granted to the Canpany fram the effective date hereof through Jime 30, 2003, the right to import, manufacture, transport, distribute and sell gas for public and private use in the Municipality, and for these purposes to oonstruct, operate, repair and maintain in, on, over, under and across the Public Ground of the Municipality, all facilities and equipment used in oonnection therewith, and to do all things which are necessary or customary in the accomplishment of these objectives, subject to z oning ordinances, other applicable ordinances, permit proce8ures, customary practioes, and the prwisions of this franchise. 2. F�fective Uate; Writt� Aoceptance. 4l�is franchise shall be in foroe and effect from and after its passage and pt�lication as required b� law, and its accep�tance by the Company in writing filed with the Mtmicipal Qerk within 60 days after publication, 3. Nor�exclusive Franchise. R�is is not an e�oclusive franchise. � 4. Franchise Fee. �he Company may be required to pay to the Mi�icipality, in the manner and at a rate prescribed by a segarate ordinanoe, a fee determined by oollections f rom sales of Gas, but not to exceed 5$ of the Canpany's gross revenues f rom the sale of Gas within the M�icipality. Such ordinance may be ac3oP'tedr amended, repealed or readopted at any time during the term of this franchise. �e fee, if required, shall be effective 90 days after written notioe of the ordinance to the Company. No such fee shall be effective as to sales made bef ore January 1, 1984. Zl�e fee shall be separately stated on gas bi11s rendered to custaners withi.n the Mimicipality. 5. Publication Expense. �e expense of publication of this Chapter shall be paid bY the CanPany. 6. Def ault. If the Canpany is in default in the performance of any material part of this franchise for more than 90 days af ter receiving written notice from the Municipality of such default, the Municigal Council may. by ordinance, terminate all rights granted hereu�der to the Canpany. �e notice of default shall be in writing and shall specify the provisions of this f ranchise under which the default is claimed and state the bases therefor. Such notice shall be served on the Canpany by personally delivering it to an offioer thereof at its principal plaoe of business in Minnesota. If the Company is in default as to any part of this franchise, the Municipality may, after reasonable notioe to the Company and ti�e failure of the Company to cure the default within a reasonable time, take such action as may be reasonably necessary to abate the condition caused by the def ault, and the Canpany agrees to reimburse the M�micipality for all its reasonable costs and for its vosts of oollection, including attorney fees. Nothing in this section shall bar the Company from challenging the Municipality's claim that a default has occurred. In the event of disagre�nent over the existence of a default, the burden of proving the default shall be on the M�micipality. 404.03 COt�IDITIO�LS OF OSE 1. Use of Public Gramd. All utility facilities and equipment of the Company shall be located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of Public Ground, and shall be subject to permit vonditions of the Municipality. The permit oonditions may provic3e for the right of inspection by the M�micipality, and the Canpany agrees to make its facilities and equipment available for inspection at all reasonable times and plaoes. 2. Permit Required. 7l�e Canpany shall not open or disturb the surfaoe of ariy Public Ground for any purpose without first having obtained a pe�mit from the Municipality, for which the Mimicipality may impose a reasonable fee to be paid by the Company. �e pernut cariditions imposed on the Canpany shall not be more burdensome than those imposed on other utilities for similar facililties or work. The mains, servioes and other property placed pursuant to such permit shall be located as shall be designated by the M�micipality. . �e Ca�ny may� how�er� apen and disturb the surface of any Public Ground without a permit where an energency exists =equirin9 the immediate repair of its facilities. ZY�e Canpany in such event shall request a permit not later than the seoorx3 working day thereafter. 3 . Restor ati on. Upon oampletion of ariy work requiring the opening of any Public Ground, the C�ny shall restore the same, including paving and its foundations, to as good condition as formerly, and shall exercise reasonable care to maintain the saane for two (2) years thereafter in gooc] condition. Said work shall be completed as promptly as weather pezmits, and if the Company shall not rform and camplete the work, renwe all dirt, rubbish, equipment ��y � the Public Gra.md in gooa condition, the Municipality and material, and Put shall have the right to put it in good condition at the expense of the Canpany; and the Canpany shall. upon c�nd� PaY to the Miuiicip�lity the cost of such work done for or performed by the Municipality, including its ac�ninistrative expense and overhead, together with ten percent (10$) ac9ditional as liquidated damages. This remedy shall be in aadition to any other renedy available to the Mtmicipality. 4. Relocation of Utility Facilities. �e �npa�, sha11 prcx�Yptly, with due regard for seasonal working conditions, permanently relocate its facilities or equipment whenever the Municigality or8ers such relocation. If the relocation is a result of the proper exercise of the p�lioe pawer in grading, regrading, changing the location or shape of or otherwise im�avi.n9 anY Public Ground or oonstructing or reconstructing any sewer or water systen therein, the telocation shall be at the expense of the Company. If the relocation is not a result of the proper exercise of the polioe power, the relocation shall be at the expense of the M�icipality. If such relocation is cbne without an agreenent f irst being mac3e as to who shall pay the relocation oost, such relocation of the facilities by the Company shall not be construed as a waiver of its right to be reimbursed for the r��on cost. If the Canpany claims that it should be reimbursed for such relocation oosts► it shall notify the Municipality within thirty (30) days after receipt of such order. The S hi1ePa�li�Yo�ha11 give the Company reasonable notice of plans requiring Nothing contained in this Subsection sha11 re�Nire the Company to resnove and replace its mains or to cut and reoonnect its service pipe running from the main to a customer's pr�nises at its own expense wheze the removal and replac�nent or cutting and reconnecting is made for the purpose of a more e�editious operation for the oonstruction or reconstruction of underground facilities; nor shall anything contained herein relieve any person from liability arising out of the failure to exetcise reasonable care to avoid �ama9ing the Comgany's facilities while performing any work in any Public Gro�d. 5� Relocation When Public Gramd Vacated. 7t�e vacation of ariy R�blic Ground shall not operate to aeprive the Company of the right to operate and maintain its facilities therein. Unless ordered undet Section 404.03.4, the Company need not relocate until the reasonable �� r�oc�ting and the loss and expense resulting fran such relocation are first paid to the Company. When the vacation is for the benefit shall Municipality in the furtherance of a public purpose, the Company relocate at its own expense. : 6. Street Irc�rwa�nts� ��9 or Resurfacing. 1 shall give the Ca�a.ny reasonab�e written notice of plans for �IYie M�icipal'tY rmanent nature is st�ceet improvements where paving or resurfacing of a pe involved. The notice shall cont�hi�e i�p o�ents areh toa�e�ae �e �w��s� the streets upon whi will start the extent of the imjxavener►ts ana the t�me w�� e �icipality work, and, if more than orre street is involved, the orc3e r ai suf f icientllength is to proceed. The notice shall be given to the Can}�anY of time in advance of the actual commencement of oe�kekany add tionsg seasonable working corxiitions, t�o permit the� Company �S necessary. alterations or repairs to its facilities the CompanY In cases where streets are at f'usal =i�, anaand �service connectionslto the �nstal,led undergrownd se�wer and or resurfacing o rty line abutting the streets prior to a permanent paving of �� streets, and the Company's main is located under such street, the �npa�, may be required to install gas servLentcthatc9asnservice willube paving or resurfacing, whenever it is appa oI L��facing. required during the five (5) years follaain9 the Paving 404 . 04 Il�IDII�dA''ICAT� �e �ompany shall indemnify• keep and hold the Municipality, its anacall officials, offioers, anplayees. a�'►d a9ents free and harn�less fran anY claims and actions on account of injury or death of persons or dama9e to propeLty occasioned by the construction, maintenance, repair, removal, or P s ro r located in► on► wer, ��r• or across the operation of the CanpanY P Pe tl' or �age is the result Public Gro�d of the M�icipality, unless such injury lo ees, of the negligence of the Municipality, its elected officials, emP Y offivers, or agents. Zi'�e M�icipality shall not be entitled to reimbursement for its oosts incurred pr ior to notif ication to the Company of claims or actions and a reasonable o�pport�mity for the CompanY to accept and undertake the c3ef ense • und e r If a claim or action shall be brought against the Ma� i�P�ie �� a circ�nstances where ir�nnification applies, the CanPanY� expense► shall defend the Municipality if writte�i� wh ��n �ee��y �s action is prac�tlY 9iven to the Canpany within a Pe not prejudiced by lack of such notice. The Company shall have complete oontrol of such claim or action, but it may not settle without the consent of the Municip3.l.ity, which shall not be �reasonably withheld. TYlis sO�erwise not, as to third parties, a waiver of any defense or i��ity action on available to the Mu�icipality, and the Company in defending anydefense or behalf of the Municipality shall be entitled to assert every izanunity that the Mtmicipality oould assert in its own ��f• 404.05 ASSIGN�ir TY�e Company, upon notice to the Municipality, sh��is°fLa�nchise to any authority to assicg� a11 rights conferred aPoe tingysuch assignment, shall person. The assic�ee of such =i9�i ions of this franchise. beoocne subject to the terms and Pr 404.06 �E � � � �� p,m, chanc�e in the form of gaverrm�nt of �e �icipalitY sha11 not affect the validity of this franchise. �Y 9�eL�� it suvoeedin9�� t�111� �e shall, without the oonsent of the CanPanY. autanatically rights and obligations of the r'h.aiicipality p�avicied in this franchise. 404.07 SEVIIi�BII.ITY If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the rest of this franchise shall not be affected. 404.08 I�7R'ICFS Any notioe required by this franchise shall be sufficient if, in the case of notice to the Company, it is delivered to Minnegasco, Inc., attention Vice President, Minnesota Operations, 201 South Seventh Street, Minneapolis, Minnesota 55402, and,.in the case of the Mimicipality, it is delivered to: City Manager 6431 University Avenue N.E. Fridley, I�] 55432 . � , � • • �: 3. � • ;�• ��+�,a�� Zliis franchise superoedes all previous franchises granted to the Company or its predecessors. PASSF� AbID ADOFI� BY ZHE CITY OF FRII�.ESi ZiiIS L1AY OF , 1983. WIIZIAM J. I�E - MAY�t ATi�'P: SIDNEY C. It�II�N - QTY CLF�tR Public Hearing: First Reading: Second Reading: Publish: RF�33/0/3/1 �: 1 �� .s� �: OFFICIAL TI�E ArID StJ�tY •;• � � ►• • • I. TI'II,E AN O�tDIIVFiNCE ADOPTIl�IG A I�l �iAPTII2 404 II�I'II�ID "GAS FRANC�iISE" AAID REPE�ILIl�1G Q,D Q�APTgt 404 OF �i.E FRIDLEY CITY OODE IN ITS EriTIRETY, 7�iER�Y GRANTING MQrQ�SC7J, INC. , A MINNESOTA QOi2.PORATION, ITS SUCCESSORS AND ASSIGNS, A �Q,USIVE FRANQiISE ZO �IVS�ICT, OPERATE, REPAIR AAID MAINTAIN FACILITIES AI�ID �iJIPMII�r FOR 24iE �2AN.SFORTATIOlJ, DISIRIBUTION, MANUFACT[)RE AND SALE OF Gp�S II�2GY FC�t PUBLIC AI�ID PRNATE USE ArID ZO USE �iE PUBLIC GRQJI�ID OF 24iE CITY OF FRIDLEY, MII�IIV�O'PA F()R SU�I P[JRPOSFS; AND PRESCRIBING CERTAIN TERMS AND aJNDITIOiNS �F. II. SZJIrA'�►RY 7�iE �[JNCIL OF �4iE CITY OF FRIDLEY, MII�rA ORI�AINS: �at the follawi.ng stmmary shall clearly inform the public of the intent and effect of the Ordinance and shall be published in the of f icial newspaper of the City. A. GIIJEi2AL PftWISIONS. 1. �e franchise is granted to the Canpany fram the effective date of this ordinance through J�e 30, 2003. 2. �e Campany may be required by separate ordinance to pay to the City of Fridley a fee not to exceed 5� of the Company's gross revenues f ran gas sales within the City. 3. If the Company defaults in performing any material part of the franchise for more than 90 days after written notification by the City of Fridley of the default, the City Council may terminate all rights granted to the Company or cure the default with costs reimbursable by the Company. B. OOI�IDITIONS OF USE. 1. The Comgany's facilities shall not endanger or unnecessarily interf ere with the usual traff ic and use of the public grounc3s. 2. �t►e Camg3ny is r��; red to obtain a permit fram the City of Fridley before disturbing ariy public ground surface, �mless an energency exists requiring repair of facilities. 3. The Company shall restore any public ground to its former oondition, or otherwise pay the City of Fridley for the cost of the work, administrative expenses and 10$ liquidated c7amages. � 4. The Company shall relocate its facilites Khenever the City of Fridley orders so and will incur the expense if relocation is the result of the proper exercise of poliae power. 5. Vacation of any public ground shall not deprive the Ca�any of the right to operate facilities thereon. The Company shall not relocate �til the City of Fridley pays its reasonable expenses and costs of relocation. 6. Zl�e City of Fridley shall give reasonable written notice to the Ca�riy of street impravenent plans. C. O�IER PROJISIONS. 1. �e Cc�mpany shall indemnify and hold the City of Fridley and its officials and enplayees harniless fro�n claims on account of persons' injuries or death or damage to property caused by the Company's operations u�less such occurrence is due to the City's. its officials' or its enplayees' negligence. The Comp►�ny shall def end the City of Fridley against any claim or action for which the indemnif ication applies. 2. �e Canpany, upon notioe to the City of Fridley, has the right to assign all franchise rights to ariy person. 3. Changes in the City of Fridley's gavernment shall not affect this f ranchise' s validity. III. I�TICE 7his Title and S�a�ary has been published to clearly inform the public of the intent and effect of the City of Fridley Gas Franchise (fiapter. A copy of the Ordinance, in its entirety, is available for inspection by any person during regular offioe hours at the offioe of the City Qerk and at the Anoka County Library. pASSID AI�ID ADOPTID BY � CITY �JNCIL OF THE CITY OF FRIDLEY THIS L1AY OF , 1983. WILLIAM J. I�EE - MAYOfft ATPf�'T: SIDNEY C. Il�II�9AN - CITY Q,F�tR Public Hearing: First Reading: Second Reading: Publish: 8F n�a c�TV o� p1AECTORATE OF ' PUBLIC WORKS FA! L Y ATE September 20, 1983 ROM �.P.W. �ohn. Flora UBJECT Air Quality and Solid Waste, Chapter 109 0 MEMORANDUM MEI�10 N0. 83-20 TO Nasim Qureshi, City Manager ACTIONI INFO• Staff has reviewed our existing Chapter 109 on Air Quality and Solid Waste and recomnend the fol l owi ng changes: 1. Adoption of the Air Pollution Control Regalations is sufficient to provide adequate enforcement and is necessary to support our zoning code. _ 2. Solid Wastes are dealt with in Chapter 113 "Waste Disposal" and need not be repeated. Recorm�end the City Council adopt the r►ew Chapter 109 and repeal old Chapter 109. JGF/de 9R ORDINANCE N0. JlN ORDIAABCE ADOPTI�G A NEW CHAPTfiR 109 ENTITLBD •AIR QOALITY"AAD REPEALIHG OLD CHAPTER 109 ENTITLBD •AIR QIIALITY AND SOLID YASTB" OF ?HE FRIDLEY CODE Ip IA ITS ENTIRBTY The City Council of the City of Fridley does ordain a.s folloWS: 109.01. AIR QIIALITY STAIiDARDS l9��6x�i/��dx�7x�d�/�E�Zi61i/K71fL8P�/�d Air Pollution Control Regulations and Ambient Air Quality Standards 7f�11$,� �id�ld�ii��( of the Minnesota Pollution Control Agency as adopted pursuant to Minnesota Statutes 1967� Section 116.07, as filed with the Commissioner of Administration of the State of Minnesota on July 7, 1969, are hereby adopted by reference and shall be in full force and effect in the City of Fridley as if set out here in full, �ursuant to j�i�nnesota Statutes Section u71.62. (Ref. 458) �1A9� At� // ��1tri,i?�/ lt�f�Allt�A Ilti�/�,�tdbti/ �dlkt�'lg/ ��Z i�'�tZtbti/ �ti/ Zl�ik/ �t[Z�/ fb�/,�/ IS�i'i,t�'ig/ �E ftidi�/ 16rib/ t�/ A�lS d� L' � ��/,EH�/t��lll�,Ctbt�i�/�td�i��d/ifi/��Lib�i/1f A9LD1f /h!'S�II/b15Llltl✓�ddtl�I / t1'bd/xK� Mifit�tbZA/ Pb1Iri.Ctbti/�d�tbZ/Il�� f/p�ibt/,tb//�ltitlg/��I��ibtf/�/�K�lI I/ zrikfi b�5z�i�'1/Zii�/d��6�su/bt/zil�/Tttt/DE��tZ�6E�'ix/l+1SA/��i�/d/t�E,[//J!'itr�e'/�N�1�1dZ / ��t'�61L tEk/el�Sd/��ttA�tdbb'/d�rE/�Y/1sE/�/�yHd`/�0�d/IL4YRI��f�t,�i�//YY/dY/LKi�/ �ddEL 1��,¢�./i/da'0'f'� �i/,fb�►'� /�N t�Id/ /dd /�rb�/t Q�k3' /ld�/ /t/l� �/ �C/il�'� / �4/h'd / � /t k�tytY�e's�ti' /�t fi$ t�it Et�..Li6i'i/ d��Ed/li6L��dddl��L �6�L6a1//raD�i�u'ZDx N6/�iEtdbti/ dH�41I /,�d�E,(/�titf�t,� /�EttidtL,� / b�/ �.Z I b�6/ LHk/ �S�tit tig/ bf /t��t�it�E � lYiRltkt� ��llh�� /�f �f d,�/, /�dti/�d�/,h�rb'a/ /�f E E,Q,G/�/ l'sb�l d dti�/t/YldYE t/,/ /hf dL/lhi'f �I�,/ /dd /�L d� �b�StS�Lt�Zk/�.Z�Eti�[Z l lAgLel�l//l�!lEILIIUtX/E�ltlf�lt i�InE�'E/riE�E��dtf /L6/��z/LKE/,6did�t6ti/tEQdi�E��fiLd/bt/LH�/tk�iZ�tLicSi'S��/{ftt��C/i�t� dn�SdA/ /de/c(d it�J h/h�s'/�ri��,�l/lia�b/YdX /bt'/ �Yi Z/Sta�� /�ibfd ��i,�t/i�� t✓ /i)'af � d.AJi/t/i/e�� / i ti t�iriEt��6��1 7ld�l�5l / /1tEFHSE/ DIE?DEI(L' 116/�Et�6ti/dHdTZ/�t��6�SE/bf/��fd�4E,�/�/4Etif��d/i�i/hE�xidtVlxal0x,l6/6t /zH�/�iL f �delE,� / d�6�i/ s�ri j/ Z arSE�/iti/zhk/ IO'iltly /��/d� /�.i�/ ��1Yddyd d/,d�!'rt�9'i�YX /� i Z� l// R�i d��tbt�E/X dliQttZ�/�tZ�/t�d/d./di��/t6t/Qi��6ddZ/6t/i��id�dE/dp�.vi'�bWe�d /16 f/ xx�/ f�ix� tl�!/Z��E�EQ/�Sf /l��'1�1��/Edd�f/ti'i/t��IS�Q�ifi�E/�d�xK/ZK�/tdX��S/,�/d��dZ�xibt�d/bt xli�/TbX�d.Zib�i/�6��dI/1I�Eti�t/�/�il16�x�d/i�i/��b�"E�i1��E/�6izYi/!'l�tlJi��axt!/$tta�tMk,k�,� ��LiQrS/�1 �18/�/E�ktidEdl �eg[eetiiarnx��ainri�aa AYI/tEtdb��/�kit�T Z/BE/fiZ61��d/tt'i/�dtLLddh�t�r�s'/�d�/�dJl/I(�dd1l�lih�.f`ib///�1[�Z�/16E/1tE�x tigl�iLlt/�'6fEt�d/r6KEti/�ktddE/id/�t6�'Ed/LH�tEiril f➢8f �7� //tF�k�� J��IU�� r i�+��z�x��niarizn��i�r��x�ti�n�z�ib�ia��,e��i�i��z�cir��ro�i�c��i�n�z�ipe �z�e�,�zixaie�az�e��xi�i�r�m�t,��itr��n��z�,�it�eibtizrstai�a�,c 109.02. PBNALTIBS Anq violation of this Chapter is a misdemeanor and shall De aubject to all penalties provided for such violations under the provisions of Chapter 901 of the Fridley City Code. Each day that a violation continues to ezist shall eonstitute a separate violation. Such penalties may be imposed in addition to revocation or suspension of permit and in addition to abatement of a nuisance. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS DAY OF , t983 - WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. ZNMAN - CITY CLERR First Reading: Second Reading: Publish: 2/8/12/9 . � TM■ c�TV o� FRI L Y DIAECTORATE OF puB�ic wc�RKs I DATE September 21, 1983 ROM �•P.�M. Plan2in° _ I SUBJECT Recomnendation on Animal Control Ordinance 10 00 o�•Q' '� . "1° M E M O R A N D U M �� MEMO N0. 63-67 TO ACTIONI INFO• The Planning Corrmission recomnended approval of the Animal Control Ordinance, Chapter 101, at their August 24, 1983 rr�eting. They did have some concern on licensing with regard to vaccination that they felt was ambiguous and wanted clarified with the City Council when they heard the ordinance. I have discussed this with the Police Department and Central Services Department who deals with licensing and vaccination. They indicated that the whole purpose of the 6 month restriction as discussed by the Planning Comnission is to ensure that animal vaccinations coincide closely with the yearly licensing time. In this way there is a limited amo�nt of time, if any, in which a dog is not protected by a vaccination. All vaccinations, as far as licensing is concerned, two year period of time. Example No. 1: dog previously vaccinated - July 19�1 owner licenses dog in Fridley - August 1982 (license is good until May 1983 because license year goes from May to May) owner licenses dog again - May 1983 (but because dog is due to be vaccinated again in July 1983 (within 6 months) we would require dog to be vaccinated in May of 1983 to coincide with the licensing) Example No. 2: ' dog previously vaccinated - December 1981 owner licenses dog in Fridley - March 1982 (license is good until May of 1982) owner licenses dog again - May 1982 owner licenses dog agin May 1983 (Because dog is due for vaccination in December 1983 (not within six months) do9 would not be required to be vaccinated in May 1983 prior to the issuance of the license. Memo from Jerrold Soardman to John Flora Page 2 Animal Control Ordinance Because the intent of the ordinance is for the protection of the City's residenLs, it was recomnended by both departments that the 6 month restriction stay in the ordinance. I did however, clean up the language and made it more understandable by taking the 6 month restriction out of Section 101.05 (2) and combine it with Section 101.05 (1). JLB/de �: � lo a � 10 � C�iDINANCE ND. — 1983 AN O�2DINANCE ADOPTING A I�3�] ��1PI�t 101 ENTITLID 'ANIIKAL CONTROL" AND REPEALING OLD CHAPTERS 301 ENTITLED 'I,NF�IbCR OO�TII2Ca�"� 302 ENTITLED "ANIMAL OONTROL"� AND 303 II�TTI'�ID "WILD ANIMAIS ATID BIItDS" OF �iE FRIDLEY CITY �DE IN �IR FIJTIREZ'Y �iE aXINCIL OF ZiiE CITY OF FRIDLEY DOF� O�II�1 1�S F'�I�]S s 101.01 DEFINITIONS �e folla�wing definitions shall apply in the interpretation and application of this (�apter and the following worcis and terms, wherever they occur in this Q�apter, are defined as folla�►s: l. Animal. �� (yfj� living creature Pxc Dt hP hL�n race ��C�� ` �b�X�• 2. Animal Control Offioer. Any individual designated by the City to enforce the provisions of this Q�apter, including all City polioe offioers. 3. Animal Shelter. Any prenises desic�ated by the City for the purpose of impounding and caring for animals held under the authority of this Chapter. The facility may be awned by the City or may be a oontr acted shelter servioe. 4. Animal Tag. A tag pravic3ed to individuals who are issued a pennit to maintain an animal. �. Birds� 6. Cat. Any animal of the feline species. 7_ Cr�j,�y or Zbrture. 8. Dog. Ariy anim3l of the canine species. —1— 9. Re�r�el. 10 C . _ - - . . ... - . . . . � .,,. �. ., . • � • n• .•� -�• - -. . - - . _ ; - � - . � � • ' � 11 - • - - • • � • • • . 11 � � � • - • • � � • �� •' :.�� •' •: -�11 �.- •I • ./�' •- • �• -�/' - 10. Livestock. Horses, cattle, goats, rabbits, sheep, .�oti,�.��aw1.a^d other an;,r►at� used for �.1it,� 11. Permit. ZY,e authority to keep an animal �� K� �1��i�� within the City of Fridley. 12. Pet Shop. Any person, partnership or oorporation engaged in the business of breeding, buying, selling or boarding animals of any species. ; ._. - • . - . � . � - . � ��. � . �. . . � ��. �� - ��. - • - .�• • �- • .� n. .�• • ..�.- • • �- .: • •' �'- • 14. Veterinary Hospital. Any establishment maintained and operated by a lioensed veterinarian for the diac�osis, ,�Le and treatment of diseases and injur�ies of animals. � • :� u- : I• - - �• � q�_• � �1 1- - 1U1�02• WII+U ANIMAIS AAID BIFtAS It shall be imlawful for any person to hunt, take, shoot, trap, kill, injure or attenpt to injure ariy wild animal QLb,iZ$ within the City of Fridley by use of a firearm, bow and arrow, trap, poison or any other means. This prohibition, however, shall not prevent property owners or their agents from eradicating rodents on their property t rough the use of traps� �isons or �hPr �i�c-h lawfLl_ means. 101.03. LIVFSZ�O(iC DOt�T�, l. Lioense Requirenes�t. No person shall engage in the keeping, raising► feeding or caring for livestock within the City limits of Fridley without f irst having obtained a lioense to cb so. �(yi�I/g�I��/�yl��/X��/i��1�f�1/�/X��i��/�f��/�/�1��1��¢� �t`�1� (Ref . 86 ) 2. Lioense Procedure. A. A license to keep livestocic shall be granted only after written application, signed by the applicant, is f iled with the City. The application shall state the applicant's full name and address, and oontain —2— 10 D the n�anber and species of the livestock to be kept and a��`��X��yf �1.ed site plan of the pr enises showing the adjoining property and f ence lines. B. Zl,e Coiuicil, in considering whether a livestock license should be granted, shall review the application and site plan to oonsider the nature of the livestock, the possible effect on adjoining properties, housing facilities, sanitation control and the effect on the general health, �y and welfare of the public. C. Any person keeping, raising, feeding or goats, sheep or swine shall provide no less �used land for each animal. 3. Lioense Fee. caring for horses, cattle, than one (1) acre of open, �he annual lioense fee and expiration date for a livestock lioense shall be as pravic�ed in Chapter 11 of this Code. 4. Manure Renaval. Persons who keep animals within the City shall not allow any odors which are offensive to the people inhabiting the City r►��h that they ro stit�te a n�i sance � def ine ; in CY��ter >> 0, ent� t� ed "P�b1 ic N�isance" . of the Ci tv � Organic matter shall not be allaaed to acc�ulate for more than one (1) week at a time. Haaever, organic matter shall be renoved more often than one (1) time per week if it is necessary to eliminate any odors t�a� co stitute a n»; -�n� 5. Housing. Proper housing in the form of barns, coops or hutches shall be prwided in any area where livestock are permitted to roam. Such housing shall be adequately fenced to insure that the livestock rPSnain on the awner's premises. When livestock are kept in an area that abuts or adjoins a residential area on which dwe�llings are erected, there shall be a strip of land at least thirty (30) feet wide between such abutting property and the area on which the livestock are kept. 6. Znspection. Any authorized �j,vn�l Con�sol Officer of the City shall, at any reasonable time, be permitted upon the pr enises where livestock are kept for the purpose ef makina insnection to cietermine oampliance with this Chapter. �� x�x�¢�i�i�� 10 E zxi��axn�i,�x��,�i��ti�i��,� � ��i��i ��X��1��/,��¢��,�'�,Cx�x�k�`a'd��'�4fir�� 6r4��!/Y,��/��/K�� /�/��/��/,�XX�/�x�K/�.i�,b��'/�X/�,�'%'d/�'A'�Y!/ �/��/��/��/�/�/��'�X�/�s�!/r��/��/��ril /// 101.04. ANII+IAL AULS� ibr the putpose of this Chapter. anY �� ¢�(�' animat nuisan_ce shall !�R/4��1��/X�/�r�-'��'Y�k'.f�/�,/rjt��f��/S�Y�I� Q x ig t � n d e r any o f t he f o� t o�a i n a c�nnri�t i�Oni: 1. The �� X s�im31 is not confined to the owner's or custodian's property by adequate fencing or leashing. 2. �e �� Z �nim31 is off the prenises of the owner or custodian and is not under the oontrol of the owner or custodian by a leash. Such leash shall not exceed eight (8) feet in length. ZY�is provision is not applicable when ��` ��X �s�ni,m31 is in a motor vehicle. 3. Z�e �� ilnr3l �nits c3ama9e to the person or property of anyone other than the owner, or creates a nuisance, �.� de �ned � is cha�r?r or in C.�h��,gr >> 0 entit� ed "Public Nuisance"� Qf t�e CityS��, upon the pr oper ty of one other than the owner. Zizis pravision is not applicable when the ��g/ ��` ¢��' �1im�1 is acting in defense of the owner, the owner 's family or the owner's property. �!//�/�6rf��/�Sd��/ri��`/��►�/�f�/b�X��`' dri��i/��r��,��Sri�/��e�,��@'/c6�/ ��/��rY/��/�X/��/��1�,�,��e��/��'�4'�l /��'/�//��a`/��it��a5��/�/�'�'/ ��M/��'�X�Y��/r(/�►G��/�/�f �¢I/N�z'k�n. 4. A female �� ¢�� im31 is in heat� off the prenises of the owner, u�less confined while being transported to or fran the pranises of the owner. ZYiis prwision is applicable whes� a fenale �� ¢�x �imr31 is in heat and is on the pr�nises of the awner, but is not kept in a building or secure enclosure where it cannot be in oontact with other males of its kind, except for planned breeding. 5. 'li�e �¢� �� ¢�S� �im31 barks, howls, cries or yelps so as to unnecessarily disturb or annoy an,,��rson or rsons in the vicinity thereof, ��` �6K��K y�iy� .�i� �� -I�A� ��k�� X�¢ �1�� S?l ��harwi �P Prri.�S a SOUnd tt,�t r�nst�tLtes a n�is�.nce as defined in Ghc�ter �10, entitled "Pub ic �l�ili'�°f 9f the City Cod . 6. The ��1� �S� �� 1im31 chases vehicles or otherwise interf eres with pe3estrians, auta*�obiles, bicyles, rrotorc.ycles, rrotor bikes or snvwmobiles on public streets, alleys, �l��I�, plo i or higi�ways. 7. �re reo�ire�, the �� im31 has not been vaccinated against rabies within the preceding two (2) years. �� 10 F 7<//`1��1��/�'X�,/�/�/�I��/�l�`I�'�/Fi�X�s��/�Sz'/�r�id�/�(/��dri/3'f/a��f/�fa�6r�/ x�/��X/��/t��/�i��'xY/��/��/��'/��/��!/ �l //R��/�d ��/d'/��,�'��'�/�64'��1 �d,�/�/X,4��/�bf//��,tv�'e��/ �� ¢X��1i /�i�t�,�/�ce,db��'�'�r�/�4�/�td�'e�/��Sti"d�/��/�,�`��d�G'�h4�'/i'�/ 8. 4Yiree (3) or more dogs, three (3) or more cats,�r tPaGt s;x m�nt�+� of ag� �� a�y ��ombination of th�ee (� or more do4s and cats are kept on the same prenises, �mless a kennel lioense is obtained in the appropriate zone for that use and the requirenents of Section 101.15 are oanplied with. ��//�t�f ��/��J'S�/l �)�f /F��/��/�,�/��?�1�/2��/1�1��/��/��/f��i!�/��/��X�� :� �" •� - •• � � - • .�- • • •� • �' ;. -� . • •� . • .� • -� �- •� �� •� =: � : - • .•� . �• •./� �-•• • --� •.�� ..I- � •�• • � •- � • •' -•' • • •�• : - J:- _ � - -, ' . � �� Ii��' • •�' �• •- ' I �.� •� •' • :��1 �N: � • '�� ' • . �• • .�� 'N! • ./ 11� - �' • • •� • • ._. •• �- �• .�• • •� •; •,�� • i�.� �• • �• �- •� • - ' ' 101.05. DOG RDGL'S'IIiATION 1. Permit. A. No person shall aan, keep or harbor any dog over the age of six (6) months within the City �less a yearly permit tyik��}�/has been secured. Permit oertificates shall be issued by the City upon proof of rabies vaccination within the prec.eding two (2) years. If at the time of_initial re�istratio� a is due to be vaccinated within the�� ix�n�.: a rse�w vaccination would be required before a permit is issued. Issuance of new peits for the lioense year shall �nce as set forth in Chapter 11 of this Code. In April of each year, the City may publish notice in the official newspaper of the need to pay such permit registration fee. B. The applicant for permit must sign and agree that he or she is prepared to vornply with regulations established by the City. It shall be the duty of each person owning, keeping or harboring a dog to pay the permit fee established by the City on or before the first c3ay of the permit year, or upon establishing residence in the City. Up�n payment of the permit fee, the City shall execute a receipt in duplicate, the original of which shall be c3elivered to the person who pays the fee and the duplicate retained in the City records. At a minimum, the receipt shall 8escribe the dog as to breed, age, oolor, o�wner ana awnez's address. �� 10 G C. Pb permit shall be required of ariy h�nane society, veterinary hospital or laboratory. 2. Z�g. A. In addition to the permit, a tag, the shape or cblor of which shall be different for each registration year, shall be issued by the City. The vwner shall affix the tag, by a permanent metal fastener, to the collar or harness of the registeted dog in such a manner so that the tag may be seen. �he owner shall see to it that the tag is constantly worn by the dog. In case any tag is lost, a duplicate may be issued by the City upon tepresentation of a receipt shvwing the payment of the pe rmit fee for the curr�t year. A charge, as prwided by �apter 11 of this Code, shall be made for each duplicate tag. B. It shall be �mlawful to caunterfeit or attsnpt to counterfeit a cbg tag �t'/X�K�/��'�✓r�f/�/�,��.�X�X�I/1�X��d/�Y��,/��/�l/�X�/��/��;� 1��/�s��X/X�/�X�¢�/��/x�r�/��'/��/��'/X�/�X,�/�x�s/X�ta1/r��ri/��¢� �� d�g or rQ�ve a va� id taa for anv � G- C. Dog tags shall not be transferable and no ref�ds shall be made on a permit fee because of leaving the City or death of the d�g. 101.06. RF.VOCATION l. An aninal permit may be revoked if: A. �e person holding the permit ref uses or fails to comply with � ��visions of this Chapter, any other regulations pranulgated by the City or any state or local law governing cruelty to animals or the keeping of anir�ls. B. An owner fails to provide the animal with ��d� ��f�� f4jSp�X¢�� necessarv food, water, shelter. ��i�¢�X�� X}�� }��' veterinary care and h�nane care and treatsnent. G An awner s�yerdrives, overloads, overworks, tortures, ill treats, torments, n�g?e�.�,,,� or_��1j�stifi�� ni�rPa, irr�. muti�ates. or cruPllv y�rk� an animal wh�n Lnfit foL 1��L� OL O�'12LW1Se �11SE8 dnY dTlllil�• D. An vwner causes or permits ariy d�9 f ight, cock f ight, bull f ight or other ooqnbat between anim3ls or between animals and hwnans. E. An awner violates the terms of this Chapter three (3) times within one (1) permit year. 2. Any person whose permit is revoked shall, within fifteen (15) days, resnwe such animal(s) pennanently fra� the City or h�nanely dispose of the animal(s) cited in the violation as being awned, kept or harbored by such person and no part_of the permit fee shall be refunded. In addition, the owner may be liable to court action under this Code, State Statutes and local laws for any of the actions cited above. 3. If a permit is revoked, no new pezmit may be issued for a period of one (1) year fran date the permit is revoked. �6— 10 � ioi.o�, n�rmKs Section 101.05 of this Chapter requiring a permit and tag sh al 1 not app1y� to norrresidents of the City who are keeping only domestic pets, providea �hat the animals of such owners shall be kept in the City no longer than thirty (30) days and the animals are kept �der restraint. x}i�/��l��S��)i�/��/�I�� `��/�N1�'X/�l��f /��/�/t'��1�1�1�/��/��/1��Y��Ii1�/�� y(�� g11 ptih��Drov��,�OnS of his Ghapter sha�� appty to norr-residents and their vets- 101.08. FEFS Zlie annual permit fee and expiration date shall be as provided in Chapter 11 of this Code. Neutered or sp3yed anim3ls shall qualify for a reduced permit fee as prwi3ed in C�apter 11 of this Code. 101.09. IMPOUAIDII� 1. C,�erally. A.� Zt1e Animal Control Officer shall take up and impound any animals requiring permits or tags found in the City without the tags; or any anim�ls which are in violation of any of the other provisions of this Chapter. Animals shall be i�ounded in an animal shelter and conf ined in a h►IInane maru�er. Impounded anim�ls shall be kept for not less than f ive (5) days, including Sundays and Holidays, unless reclaimed by their owners. B. If an animal is found at large and the awner or custodian can be identified, the Animal Control Offioer may proceed against the owner for violation of this Chapter. C. The Animal Control Officer may enter upon any public or private prenises by warrant or as otherwise pcwi3ed by l.aw when such officer is in reasonable pursuit of his or her duties. D. ilpon taking and im�ounding any animal as provided in this Chapter, the Animal Control Offioer shall imnediately notify the owner, if known, and the City Police Department. The Animal Control Officer and Police Departrnent shall maintain a record of animals so irr�oiu�ded. 2. Claiming an Imp�unded Animal. A. In the instance of animals for which the awner does not have a required permit or tag, the Animal Control Offioer shall not return such animal to the vwner until a permit and tag have been purchased f rom the City or fram the Animal Control Off ioer. ZYie Animal Control Off iver shall remit to the City the s�n paid for the permit and/or tag �lyf�T ,%f ��5� ��+(�� }� i�� 1�� `1�� 7��¢¢��'J��➢�,� �� and f ur ni sh the City with all necessary inf ormation pertaining to said purchnse including a oog� of ariy permit oertificate issued in oonnection therewith. B. The owner of �,hQ�_�1p�unde� anim�l sha�l �� the Animal Control Off ic�er ��XX � �� 1�7f � ��✓� ��` an �unding fee. �xl�� R�� 4� �� o/� �a/� � � � ��` �i�1�S� �f� ��4� �➢� !�'l'�� 1�l?��. Z'he Animal Control Offiaer shall turn over to the City any impounding fees —7— 10 I received. Z�e City shall plaoe such fees in the general f�a�d of the City. C. If a rabies vaccination is required and the awner cannot produoe proof that the animal has had a rabies vaccination within the preceding two (2) years, the Animal Control Offioer shall �f��,�yf,d�� P��re � such dog or other anirra�l i,�vacsinated for rabies as a condition of release to the owner. Zhe animal's owner shall pay to the Ani�l Cantrol Off iaer the cost af the immaiization. D. �e a.�::er pf the ir�ounded an�� h?� t al so oav the Animal Control Offiver �yS�f,YX j� ��T t6� ��i�Xis/ �byf�� the cost of feed and care for each day the animal is ¢�yf ��yI��1 �-m:�o_�ndea in the ��y��I s�.mal �,�i r_PT_ 3. Unclaimed L�ounded Animals. Any animal which is not claimed within five (5) days after having been irr�unded, including Sta�days or Holidays, may be requested and claimed by a licensed educational or scientific institution under Minnesota Statutes Section-35.71. If not so reqvested and claimed, the animal may be sold for not less than the aunount of the total charges accrued against the animal in acoordance with the pravisions of this Chapter. All sums received by the Animal Control Offioer, �,Y„r,y�* *hp �ost of feed and �e and a�y vaccinations or 1mnLn12dt�j,�S acinniStered to the ani�t , s,hall be renitted to the City and placed into the general fund of the City. Any anim3l which is not claimed by the owner, a lioensed educational or scientific institution or sold, shall be painlessly put to death and properZy disposed of by the Animal Control Offioer. ZY�e time of sale or other iiisposition of the animal shall be at least 120 hours after notice has been given to the animal's owner by the Animal Control Offioer. �e pravisions of notification to the awner do not apply when the aaner cannot be reasonably ascertained. 101.10. AND�L BITFS, q�U�A�RAN�II� 1. Any persort_,bitten or knvwing of a h�nan being rd�Z who has b�n bitten by a dog, cat, racoon, skunk or other species susceptible to rabies shall imnediately notify the Anirn3l Control Off iaer or Police Departinent. Whenever such an animal has bitten ariy person. the vwner or custodian of the animal, ji�,�yf� {rS¢�yf �f1-er beina so notif ied by the Animal Control Off icer or the Polioe Deparbnent, shall imned.iately cause said animal to be quarantined at the City of Fridley caontract }[�yly(�X ��X�k� r�.i�? shelter or at a licensed veterinary hospital or kennel for a period of fourteen (14) days after such person has been bitten. During the quarantine period, said animal shall be kept under observation to detez�nine its condition and if it is found to be sick or diseased, the operator of the quarantine facility shall immediately report in writing to the Police Department and the Fridley Animal Control Offivet the oondition of the animal. 'Il�e Animal Control Off icer shall then take neoessary steps to determine if the animal is suffering fran rabies. 2. During the quarantine period the animal shall not be renoved from the c3esic�ted quarantine facility except by special written permission f rom the Minnesota Livestock Sanitary Board and the Fridley Animal Control Officer. �e awner of an animal shall be responsible for the cost of quarantine. � The quarantine required by this section shall not be necessary and the re quirenents shall be waived if the custodian Qr oMmer of the animal, immediate —8— 10 J lY �n ��f��1�' �� J��`f� �� l�J�� oti ,�tj,Q��hat his or her �nir�at haG bitten so�eone, presents to the Animal Contro� Officer or Police Deparbnent, the oertificate of an authorized veterinarian that the animal was vaccinated foz rabies on a date not less than two (2) years prior to the date of �S��j�f yf��¢ r,� bitina. Such anim3l so exenpt shall be quarantined on the prenises of the owr►er, �der strict control, for a period of fourteen (14) days for the purpose of observation for symptams of disease. The Animal Control Offioer is authorized to o�nduct a mic3-term and terminal examination c� the anirn3l. 4. It shall be tailawful for any person, other than an Anim31 Control Offioer, to kill or destray any animal found running at large in the City. No Animal Control Offioer or other person shall ki11, or cause to be kiZled any animal suspected of being rabid, except after the animal has been placed in quarantine and the dia�osis of rabies mac3e. 101.11. VICIOUS ANII�Ifi,IS No person shall keep or allvw to be kept ��dX1�� the City any animal of a vicious character, habit or disp�sition or any animal wild by nature. Any cbg or other animal may be deened to be vicious up�n the occur rence of two ( 2)� �Q j6��'¢� �,itin_g acc�en_ces within 365 calendar days. l��F�'/��/�`��`�1�/��/t��/��/2��/��/�1`/��/��I"�/��1��'��f Upon oonviction for the violation of this Section, the Court may in addition to imposition of sentence, direct the Animal Control Officer to take the animal in question into custody and forthwith dispose of j„� in a�?��ne manner. � �� 1� i� ��`�XR� 1�?� � ��'7� �� 1��X�� 101.12. OON�LAINL'S Any person complaining to the Polioe Departrnent that an animal is allegedly running at large or otherwise oonstituting a danger or nuisance shall i3entify himself or herself upon reguest and shall make every reasonable attesnpt to assist the authorities in identifying the animal and its owner or custodian. 10I.13. lUZZLII� Whenever the prevalence of hydrophobia renders such action necessary to protect the public health, safety and welfare the Mayor shall issue a proclamation ordering every person owning or keeping �f �� n animal ��sceAtibl�to r i s� confin� �x securely on their prenises �uiless it is muzzled so that it cannot bite. No person shall violate the procl�nation, and any immuzzled �� s�I].i,m31 running at large during the time fixed in the p roclamation shall be imnediately put to death by the Animal Control Officer without notiae to the awner. 101.14. I�4'�S l. Liaense Requirenent. No�person shall keep or mainta.in a kennel in the City except up�n obtaining a kennel lioense a�nsistent with the zoning requirenents of this Code. 2. Lioense Application. Application for a kennel lioense shall be ma3e on forms prwided by the City. -9- 10 K �ch application shall aontain the follvwing infornation: A. Location, m the prenises, of the kennel. B. Location of structures for housing the d�gs and/or cats. If the dogs and/or cats are to be kept prinarily within the home or other building of the resi3ence of the applicant or of any other person, the application shall so state. C. �e maximan nu�nber of cbgs, cats or any combination thereof, to be kept on the prenises. D. Tl�e distance of ar�y ��yf� Z11n areas or housing for dogs �nd�or cats from ar�► building structures suitable foz human habitation, or a public place where food is bought, stored or eaten. This distance shall be a minima.an of 200 feet. E. ZY�e prenises for ar�y keeping of ciogs �ns3[S2Z cats shall be fenced and a si� le plan showing the location of fencing shall be furnished. The fencing must be of such guality ��S �ild desi� � that it wit i contain the dogs and/or cats. F. Method to be used in keeping the prenises in a sanitary corr]ition. G. Method to be used in keeping the cbgs and/or cats quiet. H. An agreenent by the applic,ant that the prenises may be inspected by the City at all reasonable times. 4. Issuance of Lioense. TY�e City shall have discretion in determining whether or not to issue a livense. In making such detennination, the City shall take into oonsic3eration the adeguacy of the housing, the runs for the animals, the method used for sanitation, the method used to keep the animals quiet, the facilities for oontaining the anima2s and with particularity, any violations during the previous lioense period. 5. Rennel Lic�ense Fee. �e annual lioense fee and expiration date shall be as pravided in Chapter 11 of this Code. 6. Lio�se Revocation. If a lioense is granted and the applicant thereafter fails to comply with the stat�ents mac3e in the application or any other oonditions reasonably imposed, or violates any other provisions of this Chapter, the licensee shall be notified by mail and given ten (10) days to rg;►edy any defects or defaults. If such condition is not renedied in ten (10) days, a hearing shall be held after at least ten (10) days �� mailed notice to the licensee. �f�! The lioensee and aII other interested parties shall have �,,�e ognortuni�y,� be heard. If it shall appear that said kennel is not being properly maintained, the City may revoke the kennel lioense and the keeping of three (3) or more dogs, three (3) or rrore cats, or any oambination of three (3) or trore 3ogs and cats shall be ismieciiately d.isoontinued. —10— lOL �l��d�4��d�E! �E��d �ld��€1��6��6�'��E6�66i6��¢�6��i4��6��61��4� �� ✓ .i � � �?��d��%�� o�. ��,�6�� ./i��6��6��C��G��6��4��',��6�! �!ii��6��!iiiiii ,i� i ��6��6��✓6�i��:C-��4��d,��¢�d�l�d��€� ��. .. � � .:•� i��, �• •. �- '�• ; • w ; y, � �1 � � .. .��' I�!j'�� `3[�,� a� i� � .. :. � -•.�j ��: . i + ►, .�: �,e- ., •,- � �!.•, 101.15. ANII�I� OON�L OFFI(�t 1. A�ointrnent. The City may appoint such person, persons or firm as the City may deem necessary and advisable as Animal Control Offioer. S�ch appointees shall work under the supervision of the Fridley Police Department and shall be responsible for the enforo�nent of this Chapter. 2. Duties. Animal Control Officers are authorized to enforce the pzovisions of this Q�apter and other related ordinances, Chapters and statutes pertaining to animal control, including the issuance of citations. 3. Unlawf ul A�cts. It shall be unlawful for any unauthorized person to break into an animal shelter, or attenpt to do so, or to take or set free ariy animal taken by the Anirn3l Control Offioer in the �R'�X1�1�� QnforS�ement of this Chapter, or in any way interfere with, hinder or molest such Offioer in the discharge of his or her duty under this f�apter. 101.15. (�IARD DOC.S l. Businesses located within the City and maintaining a guard dog for security purposes shall post notioe at the entrance to the prenises warning of the presence of said dog. 2. Businesses maintaining a guard dog shall file with the City a release -11- authorizing the polioe or fire departments to shoot said dog in an emergency situation, if neoessary, in or8er to allow the polioe or f ire f ighters to gain acinittance to the prenises in the perforn�ance of their duties. 101.17. SEEII�G EYE DOGS Whenever a blind person acoomp�anied by a"seeing eye" or guide dog presents himself/herself for ac�orm�odation or servioe on ariy public ¢�yl�f�j��(li�� ra sit vehicle or to any ��,� restaurant, store or other plaoe of business open to the public. it shall be tailawful for the �d��`�¢X��f,� � manager, operator �. an,v��lovee of such vehicle or plaoe of business � to refuse admission to the dog or servioe to the blind person. 101.18. C�'dIII�TY TO ANIlrF�LS Miru�esota Statutes 346.20 through 346.34 are hereb� adopted by reference and shall be in f ull foroe and effect in the City of Fridley as if set out here in f ull. 101.19. RFI�ATION ZO 0� LAW ZYfe prohibitions oontained in this Qzapter sha11 be in addition to any State or Federal law regarding the same or related subjects. 101.20. P�LT�S . Any violation of this Chapter is a misden►eanor and is subject to all penalties prwided for such violation under the provisions of Chapter 901 of this Code. PASSID AI�ID ADOPTID BY ZI�iE CITY �tJNCIL OF ZiiE CITY OF FRIDLEY �lIS L�AY OF , 1983. ATIFbT : SIL�IEY C. Il�II�iAN - CITY Q,ERR First Reading: Second Reading: Publish: 2/0/3/32 -12- � WII.LIAM J. I�E - MAYOR 10 M ANNING COMMlSS10N FEETING� AUGUST 24, 1 �< �.� ' 10 �� PAGE 7 Mr. Boaraman stated the Planning Commission Aas �eceived the HRA minutes ana the discussions on t�e Ge�e�al Rese�ve System. Essen ' lly, the General Reserve System is a �ool of funds used to secure indust al developrt+ent ponds. The more secure t�e Do�ds Decome. the loaer e interest rates on t�e eo�ds. It is a rool t�at the HRA can use i� t�e ese�t competive market. the HRA has receive0 positive corm�ents trom the ity Council on this pr�grar�. Mls. Schnabel asked how this �cdificatio�i rg,}'�ted to the specitics in the Co+�rehensive Plan, / Mr, 6oar�nan stated he had written a roo to the Planning Comnissipn (�6�-F3). He stated he did g� through the C rehensive Pla� and in the memo he out- line0 the sections he felt spec' ically related to t�e modification. He also reviewed the Comprehensi Plan fo� anything that would have been negative for t�is tinanCing teC�niqu o� rest�itt this ame�dment. Quite frankly. the Corr�rehensive Plan d not restrict it. However� there are policies and goals that cover the ar s they are talking about and those areas do not conflic"t with the Can ehensive Plan. MOTIDI� DY I�0?. KOd�D ICX, SECOtiDED dY MR. OQUJST, TD CONCUR MITH RESOLLTIOt: ND. 2- 2 983, " SOLilTIOIi OF TN£ PL1 h'':I A'� COI!NISSI DA' OF TNF CSTY CF FR: D:.EY FItiDING ?'HE F I.i}' NOUSIhG �'D RFDit'ELOPM£�'T 11;.'TtiDRITY'S MJDIFI£D RFD£t'`':,OP- MEtiT PIA�' IS OhSIST£�? 6►ITH TNF COMPRiNEtiSIVE DEVELOP��T PI.Al� OF TF!£ CIZY OF fRIDLEY. UPOti 11 ICE VOTE, ALZ YOT'ING J1YE, CNAIR�:DI�L41� S[HAJIBiL D£CUR£D TNE !�lO:"IDti . CONTINUED: AN ORDINANCE ADOPTING A NEW CHAFTER 101 ENTITLED "AhIM�L CONTROL" ' �Ab REPEALING OLD CHAoTER 301 ENTITLED "LIVESTOCk CO^TRDL"�302 E�� , _, '�L CO�TROL„ AND 3G3 ENTITLED W',LD AK1M%�LS A?rD Bl�S� 0�HE FRI��Ev � �i6DE Ih lTS ENTIRETY � Mr, 8oardman state the Camission members had received the �evised ordinance �ich incorporated the changes made at the last Planning Co►nmission meeting. tie stated the�e was siill one question and that was the issue of vaccination and lice�sing of dogs. He stated �e would like the Planning Co�ission to pass this on to City Countil with that isSUe still in mind nnd Staff will try to work something out before the ordinance goes before City Council. Mr. Svanda referred to /1 under 101.01 Definittons: "Every living creature except t� e human race." He stated he would like to see another w�rd used than "human �ace . 101.04, Mimal Nuisance. �B (page 4) - T�e Com�ission memDers ag�eeC to aCC 'at least six (6� months of age" after "three (3) or more d�gs or cats". 101.04. Animal Nuisance. I10, �11, �12 (Dage 4) - Mr, Boardma� stated tha! at the last Planning Comnission meeting� Staff was requested to look at the Minneapolis ordinance to see whnt Minneapolis had regarding animal defecation. He stated these three sections r+ere added frar� the Minneapolis ordinance. 0 PLANNING COMMISSION MIEETING AUGUST 24 1983 PAGE 8 6. 10 0 MOTIDti BY /�Q2. OQUIST, SECONDED BY �t. KOADRICK, TO PASS TXE RiVISED "A1►Il�WL CO�TROL° ORDZNANCE ON TO CITY COUNCIL AS ANE(►D£D, WITH TdE UNDERSTAADING !'jiA?' STAFF t✓ILL CONTINUE TD MDRK QN TXE LAIVGUAGE FG1R LICENSING �1VD VACICINATIOti'. RFON A WICE VOTE, ALL V�T'ING AY£, CHAIRiJOMAN SCHNABEL L1ECUlRED THE MOTID� CARRIED UNIWIMDUSLY. CE1VE JUI,Y 25, 1963s PARKS E RECREATION COMr't:SSION MINUTES: i" P10:'IOA BY MR. KOADRICK, SECONDED BY KS. GABEL� TO RECEIVE TH£ JL'LY 5, 1983, PARKS i R£CREA IOti CONMISSIDIti JlIN1TTE5. UPON A VOICE VO , ALL VOTING aYE, CXAIR�'OrSAR SCNtiABEL D£ ��D THE MOTIO� CARRI£D Ul►Al�IlyOUS . _ 1. RECEIVE AUGUST 2� 1 3, ENERGY COMMISSION MI��UTES: �IOTIDh' BY l�t. SABA, SE NDED BY I�Dt. KONDWCK, ?ID iIVE TXE AUGUST 2, 1983, ENERGY L10NSl'lISSIOh MINUTE UPO1� A VDICE WTE, 11LL VD?I 11YE, CHASRiJOMA4+ SCHNABEL DECLARED THE lND:I01: CARRIED UAAJJIMDUSLY. � 8. RECEIVE AUGUST 4 1983 HUMI�+.� R 0'JRCE COMM;SSION MINUTES: �10TIDti BY MT. CODDSPEED, SECDI�DED �2. KOADRICK, TO RECEIVE TNE AUGUS7' 4, I983, HUI'L�..ti JtE'SDURCES CDIN.y15510h PlINi7I'E . UPOti A VOICE YDTE, ALL VOTING,AYE, CARRIED UNAAIMOUSLY. � SCHNABEL DECLARED THE NOTION 9. RECEIVE AUGUST 9, 1983, C;0�IMJNITY DEVELOPf�1E1�1�T COMM:SSION MINUTES: MOTIQ!� BY KR. OQUIST,�ECOhDED BY �t. SABA, TO�tECEIYE THE 1lUGUST 9, 2983, COMK.ihITY DEVELOP!lEAT CONIKISSIOA MINUTES. � Mr. Oquist stated-�that the Community Developme�t C mission had discussed the possibility�f having a display booth set up du 'ng the grand opening of the Center Ci Plaza and new Canmunity Park on Oct. -8 to try to get some interest in �ty commissions. He had thought it woul be nice to have a representa ve from each commission at the grand openin and had stated he Mould bri g this up for discussion at the Planning Comni ion. Were any of the Pla ing Commission members interested in Eoing someth'ng like this? Ms. hnabel stated she vrould be concerned about staffing a oth on a volunteer basis. Mr. Oquist stated they had also talked about some type of br�cure that could be put together describing the commissions along with the goals and objectives of each commission. 1� P cr� oF ��r ME!lOR1�►IdDOM '1C): PiAAL�TIIT �'II�"�LSSION FRQ'!: JIM PHII.I.IPS� LD(',AL WIi�tN SUBJ�(,�': ANIMAL (X7NI�2CiL OfiDII� L1ATE: . MAY 18, 19B3 Zhe Animal Control Ordinance, if acbpted, would ca�bine and replace existing Q�apters 301, entitled "Livestock Control", 302 e�titled "Anirtial Control", and 303 entitled "ir'ild Animals and Birds" of the Fridley City Code. The material cha�ges and highlights of the new Animal Control Ordinance are as follows: 1. The definition section (101.01) is essentially a compilation of c3efinitions fran old Cr,apters 301, 302 and 303. The definition of a kennel was clarified. 2. Section 101.02, Wild Animals and Birds, is essentially existing Chapter 303. 3. Section 101.03, Livestock Control, is essentially existing C��apter 301. 4. T�e curre.�t c.ode sections use phrases such as "which are offensive to the people inhabiting the City" in several places. A cross-reference has been added to these types of phrases to Q�apter 110, Public Nuisance, in an atter.,pt to make these arnbiguous words enforoeable in Court. See for ex�ple, Sections 101.03(4), 101.05(3), and 101.05(5). 5. Section 101.05, Animal 2�uisance, has been changed to include all anirr�al�, instead of only dogs and cats. 6. Tl�e wordino of Section 101.07 has been changed to clarify when an anir�al pemit ma}� be ievoked. 7. Section 101.08, Ex��ptions, makes it clea: that norrresidents can keep an anir�al in the City for up to 30 days befoze having to purchase a permit and tag. However, such a norrresident must oar.�ply With all ather provisions af the Animal Control Ordinance. 6. Section 101.10 has been clarified to reflect what fees the City is entitled to reoeive and what fees the anir��al shelter, currently MAPSI, is entitled to reoeive when an anir�al is impounded. 9. Section 101.15(7) was deleted beczuse it was repetitive of other section� of the Ordinance, especially the Nuisance Section (101.05). JP/bd • 2/1/22/11 V ��r ptAECTOaATE a� pue��c woRKe A O�TE June 20, 1983 f AOY O•Rw Bil l Deblon sU�JECT �I�- ��TROL ORDItiANCE � 1� 8 MEMOAANDUM Memo No. 83-35 ACTION INfD Jerrold Boardman I have informally discu�sed the Animal Control Ordinance with Virginia Schnabel, Ct�airperson of the Ylanning Co�ission. Items discussed included: R 1�dditional definitions to distinguish betveen domestic pets and vild animalc and birds (reptiles/rodents vc. hacsters ehould De considered also). • Additioaal verbage in Sectione 101.03(2) A 6 8. T6ey should read aa follovs to clarify the livestock licenaing procedure and zeviev: A. A licea�e to keep livestock shall be granted onlp after vritten •p- plication� signed by the applicant, and filed vith the City. The application shall •t�t�• thc applicant's full name and addresb, and • contain the oumber and speciec of the livestock to be kept and a scaled cit� plan of tht premises sAoving the livestock housing facilitiea� sanitetion control. and setDacks froc� adjoininR prop- ercies and fence lines. B. The City Council, i� consldering whether a livestock license should be 6ranted. shall reviev the application and site plan to consider the nature of Lhe live6txk, housing facilities. sanitation contro�, the pos�ible effect on the adjoining properties and the effect on tbe �eneral health, safety and ve�fsre of the Dublic. * 8e-arrangia� cestain serttons so siailar sectioac are in the sase aTea oi thc ordinsnce. Z'he section6 �oved aze as follovs: --� - 101.06 Dog �e�istrativn should �e �oved w it follov� Section 101.03 Livestock Control. vhich tlso discusses Iicensing (this � sectioa should probably be re-nasaed Livestock Registration) - lO1.OG wuld Lhen De �vved after 101.05. Mimal tiuisances and be re-named Dog tiuisance � L stly, S�ctioa lO1.Ob(2) Iast seateace 'uy have to be re-vorded to allw people to register tbeir d�g if tbey are getting a vaccination �rithia 6 aoatha. � • .. ORDD1AlIC8 A0. A!1 ORDIliJ1�CE QNDER SEC?IOA 12.07 OF THE CIrY CHeRTSR TO YACATE STaBETS AIiD ALLBYS A]�D TO �ND �PPBNDIZ C OF THE CITY CODE. The Council of the City of Fridley does ordain as follows: 1. For the Vacation of an utility easement described as folloWS: Al1 that part of 76th Avenue N.E. located in Osborne Manor Second Addition lying East of the East line of the East line of 5th Street N.E. All lying in the North AaIP of Section 11� T-30, R-24, City of Fridley, County of Anoka, Minnesota. $e and is hereby vacated. 2. The said vacation has been made in conformance vith Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendiz C of the City Code shall be so amended PASSED M1D ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1983 � WII.LIAH J. NEE - MAYOR ATTFST : SIDNEY C. INMAN - CITY Q.ERB Public Aearing: September 12, 1983 First Reading: Second Reading: Publiah: sav #83-03 2/1/3/30 11 . _ _.� . �..� . y� w� - _ _ . �ir ii A � � _ .�/�� .� � � V:.�r..�ir � �-.� • _ .1- _ _ - . . ' -� �-=E ��-' " ��`'�� ' � � SAV #83=03 Timco Construction ' � �o��-t�o�:.:�..-�._ � : ..- � . , + _ _... __�, � �- , _ - . . :_ . �__. -. � .�, l NE'Ir � � ... _ . . �Kv ._ .; r' .- �- . 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' � 4�'' i �`- . �±�, . •' � �� '"i'+`�4.'�'�� ;w�' � � � '-ss � � � �e.� m .,M-._ ,}� , : . t . . . � _=. . . . �,�r � ' S�J' ��►- s�t.�'�' ' �.. � � _ � �`' ` tt• ' q'. r:` �'� ;'...� �� Y, t u, �� -' 4+�3 :<�1" �•: s f;_ ''�++ �•��4r G � . c4a.�s� {.�d`y�;4�� , " ,. �. �`� Y.:. �,3f R.�_�.. f ` � •�� . . f ♦ � y . �. n. Y *a�. .,�a( . � a �� .� r. �:N 4� 3 f �� •r� , � :": # ' � y� t f �O , l�+n. .., �..+a. s.. �� +. y� y� i i � • . r . :, . � . � 'y. � . ry�� i� f�;�% •�}* ~.»,�. . z � �� y i A _y) . y A S� • � p ' �a �,� ,t,� s � � j � r.. . . � + � � .. � . . � C J �.. r- . , . . ._ . �� } ttie� 4 � •-y. � , ' �'dt� i; :� . ' . . � 1 iC a .� �; � � ��,o�F` ` POLICE DEPARTMENT ' � ��', City of Fridley ��° �� , `�r M innesote '�'' DATE SEPTEMBER 13, 1983 , FROM pUBLIC SAFETY DIRECTOR, J. . . SU BJ ECT DRAFT ORDINANCE ON CONSUMPTION AND DISPLAY OF INTOXICATING LIQUOR MEMORANDUM TO NASIM QURESHI, CITY MANAGER Attached you will find a draft copy of a new proposed ordinance entitled "Intoxicating Liquor - Consumption, Use or Display". This ordinance is being proposed for council consideration as a result of several requests from police officers. X This past summer has created difficulty and a potentially volatile situation resulting from patrons gathering in large groups outside licensed liquor establishments after closing hours. The result of these gatherings has created a great deal of litter on the property of the licensed liquor establishments. In addition, the police are without significant authority to disburse these groups short of some criminal act occurring. It is felt that with the adoption of the proposed ordinance, the police would have authority to disburse the groups prior to major property damage or personal injury occurring as a result of large scale drinking and partying occurring after 1:30 a.m. `� INFO It is noted that the City of Spring Lake Park has had a similar ordinance in effect which they feel has been successful in controlling this type of problem. _ Favorable Council action would be appreciated. JPH/sa �A a�n� r�. AN ORDINANCE ADOPTIPG A NEW CBAPTER �21, SNTITLBD ��I�� ,�t — �'TION, OSE OR DISPi�AY' � 0�' THE FRIIT�Y C,I�'Y �'B ',�E QTY OOIJNCII, OF THE QTY OF F'RIDLEY DOFS ORI�IN AS FC[.I�Qn1S: 1?1.01 �e follaaing definitions shall apply in the interpretation and application of this Ordinance and the following wor3s and te�s, wherever they occur in this Ordinance, are defined as follvws: 1. Consur�tion, use or display. Ariy drinking, conswnir►g, exhibiting, showing, imbibing, or having in one's possession or oontrol. 2. Intoxicating Liquor. Ethyl alcahol, distilled, fermented, spirituous, vinous and malt beverage oontaining in e�ocess of 3.2 peroent (3.2$) of alcohol b� weight. 3. Norrintoxicating Malt Liquor. Ar�y malt liquor containing not less than one-half aloohol by vol �ne nor more than 3.2 peroent (3.2�) which is a fermented malt beverage. 4. Parking Area. Ariy area or space used for the parking of vehicles. 5. Public Plaoe. of one percent (.5$) alcohol by weight and Any plaoe, other than a private home, where two (2) or more persons or groups of persons or the public congregate or frequent, and shall include, but not be limited to, clubs, taverns, beer stores, drug stores, restaurants and hotels. 121.02 PR(HIBrTi'� OSE �t �r�'�I 1. No person shall v�nstune or use intoxicating liquor ot non-intoxicating malt liquor in ariy parking area oonnected with or a part of the land area of the premises which has been issued an intoxicating �iquor license, wine lioense or a lioense to sell norr-intoxicating malt liquor, under Chapter(s) b02 or 603 of the Fridley City Ca3e, including any parking area vonnected witt► or a part of the land area of the premises of any private bottle club, fraternal organization or other private club, def ined in Chapter 605 of the Fridley City Co3e, located within the City of Fridley.• 2. No person shall carry any open receptacle, including a glass, bottle or other device used for the consumption of intoxicating liquor or nori-intoxicating malt liquor, fran the license3 preni.ses• 3. Ab person shall oonsume or use intoxicating liquor or non-intoxicating malt liquor in any �rking area cannected with or a part of the land area of the premises of any other public place or pr ivate commercial or industs ial business establistunent located within the City of Fridley. This prohibition shall incluc3e parking areas c�nnected with schools or any other institution of training or education. 121.03 �TION Qt OSE PffiMI95 The temporary consumption, use or display of intoxicating liquor or norr-intoxicating malt liqvor shall not be prohibited in locations or areas specifically set forth in a use or consumption permit issued by the Public Safety Director. Permits shall specify the conditions under which they are fssued and valid. Permits may be revoked by the Public Safety Director when, in the Director's opinion, there is a public safety c3anger or infringement of peaoe and tranquility. Denied and revoked permits may be appealed to the Fiidley City Coumcil. iu.oa ra�.� Any violation of this Ordinance is a misden�eanor and subject to all penalties provided for such violations �mder the provisions of C�apter 901 of this Code. 121.05 SEVIItABII.IiY E.trery section� pravision or part of this Ordinance is declared separable f rom every other section, provision or part to the extent that if any section, prwision, or g3rt of this Ordinance shall be held invalid, such holding shall not irnralidate any other sect�on, pravision or part hereof. PASSID AI�ID ADOPI'ID BY �4�iE CITY OF FRIDLEY 7fiIS LY�Y OF , 1983. WILLIAM J. I�E - MAYOR ATI'�ST : SIDNEY C. II�II�I1�N - CITY C�E�tK First Reading: Seoond Reading: Publish: 33/0/3/11 �B 13 CITY OF FRIDLEY MEMORANDUM Zb: NASIM M. QUF�ESAI, CIZ9Y MAI3�GER FR(.M : S ID Il�IIdAN, DIRE.ZOR OF CE[�TIl2�L SERVICFS SZJB�7DLT: TAXI CA8 ORDINANCE L1ATE: SEPTII�II2 15, 1983 Attached is a copy of the Mr. Herrick's opinion regarding our proposed ordinance change for taxi cabs. As per his opinion, it appears that it is within the powers of the City of Fridley to go ahead and pass the ordinance that was proposed by the taxi cab operators. Please advise as to how I should proceed on this matter. SCZ : sd Attaclvnent i3 a MEMORANDUM To: Sid Inman, Director of Central Services Fram: City Attorney % ,� � . , � --�� Subject: Taxicab Ordinance Date: S�ptember 12, 1983 Municipalities, as a general rule, have the authority to require a license or permit f or persons operating motor vehicles for hire as common carriers. United States v. Yellow Cab Co. 69 F. Supp. 170 (D.C.N.D. I1 . In innesota, t is aut ority is derived from either the home rule charter or M.S.A. 412.221(20) depending upon the nature of the municipality. In addition to this general licensing authority, a municipality draws author- ity to license taxi cabs from M.S.A. 168.013(9) which reads: No City shall impose any tax or license fee or bond of any kind for the operation of any motor vehicle on its streets if the person or company owning or operating such vehicle holds a certificat� or permit to operate such vehicle issued in accordance with the provisions of Minnesota Statutes 1945, Chapter 221, provided, that this s�ction shall not apply to vehicles transporting persons for hire which are operated ex�lusively within any city or contiguous cities." Consequently, this statut� impliedly grants municipalities the authority to license taxicabs operating exclusively within the city or within contiguous cities. This statute and the distinction it makes between intercity and intracity carriers was uph�ld in Cit of Duluth v. Northland Gre hound Lines, 236 Minn. 260, N. . . T e City o Dulut attempt- ed to enforce its licensing ordinance on Northland but the Court refused to do so due to the statute and the intercity nature of defendant's business. 13� Therefore, whether a particular carrier is subject to a munici- pality's licensing ordinance will depend on the geographical area in which the carrier operates. Fridley has the authority to require taxicabs operating exclus- ively within the City or within contiguous cities to be licens- ed. While no Court has intercepted the word contiguous as used in the statute, a strong argument can be made that this would inclUde the metropolitan Twin Cities area and allow the City to require a license from companies operating exclusively within Fridley or within the metropolitan area. It is the opinion of this office that Fridley has the authority to pass st:ch an ordinance. Research by the League of Cities indicates that distinguishing between taxicabs who solicit fares in Fridley and taxicabs who only drop off passengers, in deciding who must be licensed, is a valid distinction under the municipality's definition of doing business within the City for licensing purposes. Based on an examination of the current status of the law, pass- age of such an ordinance would be a proper exercise of the City's police power. .•. � . .- . �!N CRDII��1t� AMM�I�IDII� Q3APl�t 504 OF ZSE F'RIII�.Y CITY C�E PN!'I�.ID 'TAXIQ�BS' BY P►l�rIDII� SECTZCN 50�.02 RY,e City Co�aicil of the City of Fridley does ordain as follows: No person shall operate or permit a ta�cicab oaned or �ntrolled by him to be aperated �s a vehicle for hire upon the streets of the City of Fridley without having first obtained a taxicab lioen.9e therefor �der the provisions of this Chapter, provided that any tnxicab licensed to operate in any other m�icipality of this State may carry pessengers from said m�icipality whereso lioensed to any plaoe or point within the City of FYidley• �►/�l t��l�/��/t6�'/�it��tl!�/��1�/�¢�F�iX��S(/�t�dd/d��A but o�wr�ers and drivers of such vehicles 6ha11 not be permitted to solicit business in the City of Fridley or otherwise operate a taxicab on the stzeets of such City, Without being lioensed under the prwisions of this ordinance. Fach applicant for a taxicab lioehse shall apply to the City Council f or such lioense upon an application forn� to be prwided b� the City, and to be filed with the City Qerk, and must comply with the follvwing provisions to the satisfaction of the City Caa�cil. (It$ns 1 through 5 of Section 504.02 rena.in the same. ) PA.SS'ID AAID ADOPTID BY �iE QTY �JNCZL OF 7i� QTY OF i'RIDS.EY �iIS DAY OF , 1983. WII�,IAM J. I�E - M�YOR ATI�S'T; S7II�'Y C. II�i'SAN - QTY Q�IIiR First Reading: Second Reading: Publish: 13 C OlDI�YQ 10. , a� o�nnu� anon� ffi scncsr roa ffi rrsc�. a�n �9� as cir: aoorcn. or ffi ctz: or nm�.� ��r oinias: SECTION 1: That tbe annual �udget of tDe Cit� of Fridley foe� the fiscal �ear Degiaaing January t, 198� vhich has peen auDmitted by ttie City Manager and ■odified and approved Dy the City Couocil is Dereby adopted� Lbe total ot said Dudget aad the �a�or di�iaiona LDereof pelag aa tollava: =3TD4�T8 OT 18��QE General Property Ta: Speclal Asseaeseats Liceaaes Contractars Busiaeaa Other Permita Grants and Sdared Tazes Charges for Servioe� Fine9 and Forfeiturea Interest Earnings Other Nisce2laneous Reveaue Snaurance Refund (Police and Fire Penaioa�) l�ansfera Seal Ccatiag State Aid Surplus Aevenue Sharing Fund Liquor Fund General Fund Surplus lOT�1.: ClOt�L. lQTD Sta te AS d F�nds Revenue Sharing Funds Cable 111 Civic Ceater Bond Fuad Gpital Improvement il�ad lOT�1.: 0�� !0� !Dl�I.: �I.1. PUffi GS�tIL l01D i3.o25�80# S�T00 15,OOd 125,662 Sr000 95,000 1,8AT.♦9� 1�1,000 1�2,350 260.000 42.000 130,000 70�000 70,000 187�000 120.000 30t,017 �PPi019I�TI0�S Ceaeral Ga�erment Legialati�e Ceneral aad Finsncial Managasent Ceatral Ser�icea (Ci�ic Center/Data Processing) Publlc Safety Polioe and Civil Deienx Fire PuDlic Yarlra Code Enforcement aad Planning Engineering aad Public Yarlo Maintenance Recreation Naturaliat and Parks and Recreation Rwerve 6.553.027 O�� iV11D6 SPECI�I. tE��UE !U1ffi �30,086 187,000 52r000 D�T SF.B�I� �II�ffi •0�000 CJPIT�I. Ti0.1�CT PQ�D6 95.000 •01.006 35T t1 = 151�211 T12.836 179�002 1�953.b70 ��3.573 328,7T5 1,122,138 1,295�92�+ 366.098 • 6.553.027 430�086 187�000 52,000 00�000 95,000 •OA.086 i7,357.1t3 SECTION 2: That the City !lanager De directed to cauae the appropriate acoountiag eatrien to Oe �ade in the books of tbe Cit�. PLSSED AND 1DOPED BT TdE CITT COONCII. OF TtiE CITZ OF FRIDLEY THIS DAZ OP , 1963 MASOR - YII.LIAM J. NEE �17EST : QT7( CLER% - SIDNET C. niMW / PuDlic 8earing: Septamber 12. 1983 First Reading: Secoad Awdiag: PuDlish: 14 15 CITY OF FRIDLEY PLANNING COh4�1ISSI0N MEETI��G, SEPTEMBER 14, 1983 CALL TO ORDER: Chairw�man Schnabel called the September 14, 1983, Planning Conmission meeting to order at 7:34 p.m. ROIL CAIL: Me�bers Present: Ms. Schnabel, Mr. A1 Gabel (for Mr. Oquist). Ms. Pat Gabel, Mr. Kondrick. Mr. Goodspeed, Mr. Saba, Nr. Svanda Mer�bers Absent: None Others Present: Bill Deblon, Associate Planner Ken Thornton. 5571 E. Bavarian Pass . Steve Butgusaim, 6160 Kerry Lane APPROYAL OF AUGUST 24, 1983 L PLANNING COMMlSSION MINUTES: P!D_''ID'T BY NR. KONDRICK, SECONDED BY MR. SVAI�DA, TD APPROVE TNE AJGUST 24, 2983, PLIh'NIAG COY.NISSION MINUTES AS WRITTEI:. UPOI: A VDICE VOTE, aLL VOTING AYE, CHAIRWOHAN SCHNABi* DECL'.F£P THE MOTIOh' CARRIED UNANINDUSLY. l. LOT SPLIT REQUEST - L.S. !'83-05: By Michael 0'Bannon, for Star Ho�es, Ltd.� o sp � o s , 29 and 30, Block 11, Hamilton's Addition to Fridley Park, into four building sites so the four unit building can be under separate ownerships.(see complete legal in agenda), the sar�e beinQ generally located at 5455 to 5461 - 4th Street N.E. MOTIDN BY !!R, KONDRICK, SECONDED BY NR. SABA, TO OPEN THE PC'BLIC HEARIt.'G ON L.S. NB3-OS BY NICHAEL O'BANNOI:. I1PON �l VDICE VDTE, ALL VOTING JIYE, CHAIRWOMAN SCHt.':,BEL DFCLAf?ED TXE PUB:,IC NEARING OPEN AT 7:3B.P.M. Mr. Deblon stated this property was located on 4th Street right next to the freeway. This development had been before the Appeals Comnission to obtain four variances. The four variances were approved by the City Council on May 16, 1983. Mr. Deblon stated the struct�� is a 4-unit buiiding with each unit having a garage entirely on each individual lot. He stated the structure was to be a tondominium, but there were circumstances having to do with the financing, tirring, and a delay in setting up a condominium that caused the applicant to apply for a Zero lot line request. 15 A PLANNING C(N�MISSION MEETING, SEPTEMBER 14, 1983 PAGE 2 Mr. Deblon stated that in the City's subdivision regulations, there is a zero lot line provision that was adopted in July 1982. This is the first request for such a dwelling ovPr two units. The City has a��roved zero lot line requests for double bungalows, but this is the first re�uest for a zero lot line for a four-unit 5uildin�. However, the subdivision regulations provide for this type of action. Mr. Deblon stated he believed the applicant has discussed further agreements with the four owners about the qeneral use of the qreen space. Ne did not think the City's declaration of covenant directly addressed that comnon green area, but the applicant is considering some type of clause to address that. Ms. Schnabel asked if there was anything in the Zero lot line ordinance about minimum square footage of each lot. Mr. Deblon stated the subdivision regulations say the lots shall be "divided as is reasonably possible with the restrictions in the existing guidE:ines of the zoning chapter." Mr. Deblon stated there is also some turnback property, and the applicant is willing to accept that turnback property as the process continues. Mr. Kondrick stated that apparently the owner is to execute and record a declaration of covenant with additional restrictions as provided by the City. Had the owner considered a guideline to prevent fences? With 22 ft. widths on the two inside lots. that is pretty narrow. Mr. Ken Thornton and Mr, Steve Butgusaim were representing Mr. 0'Bannon. Mr. Thornton stated that from his experience. it was not a concern; but if it is a concern of the City, they can prepare a paragraph that there are to be no fences built without the agreement of all four owners. The only thing he would be concerned about is the party wall agreement which is the same as the FHA. What they would like to do is draw up a paragraph and ask the FHA if it would be appropriate. They had no problem with no fences in the back- yard as long as the FHA would accept it under the party wall agreement. Ms. Schnabel stated that Mr. Deblon had said the applicant wanted to change this development from condominium to zero lot line four-plex. What was the reason for the change? Mr. Thornton stated he originally wanted to do a townhouse development, but the City's ordinances require five acres, so they couldn't go with the torm- house development. Mr. Deblon had suggested condominiums. He stated they had no objeciion to that. However, to go condominium, the process to get financing was quite lengthy (at least six months) and quite expensive. Since the building has already been built, they have to do something sooner than that. Mr. Kondrick asked what the selling prite of each unit would be. • 15 B PLANNING CQMMISSION MEETING, SEP7EM8ER 14, )983 __ PAGE 3 Mr. Thornton stated the selling price of each unit is �62,900. Mr. Thornton stated the reason the building was Nas sitting the way it was was because of the shape of the land and the number of variances required. If the turnback property had been available, they could have set the . building more to the west. The Planning Comnission members were concerned about the exterior maintenance of the four lots and felt they would like to see some type of association that would take care of the exterior maintenance of the buildinv, the lawn, and cover some of the other concerns such as no fences in the rear yard. Mr. Steve Butgusaim stated the party wall agreement does call for maintenance to be done without detracting from the property, and he felt th'at covered the concerns the Planning Cortmission members had. Ms. SchnAbel stated she did not think it took care of what happens with the open green space, for instance. Mr. Thornton stated that right now each owner is res�onsible for his/her own lot area. He stated the owners will do that. The same societal pressures operate here as they do for the single family detached homes. In watching other zero lot line developments (in New Brighton and Coon Rapids, for example), the properties are taken care of. Mr. Kondrick stated he had no objection to the lot split except for the out- side maintenance. He was afraid they might find one owner mows the lawn shorter than the next owner, one owner mows the lawn infrequently, an� maybe one owner has lots of weeds in his/her lawn. He stated he would like to see some kind of common maintenance program. Mr. Butgusaim stated the part of this that bothered him was the word "associa- tion", They could have an associatian, and it would not be a proble►� to do so, but it makes for an apples versus oranges situation. He has never heard of a zero lot line townhouse with an association, and he did not think it would make sense to the government either. It would just confuse the situation. When the lenders get the packages and look at them for new mortgages, they do not know how to define this type of situation. A zero lot line townhouse with an association does not conform witF� most things that are on the market. Mr. Thornton stated the party wall agreement was the most acceptable agree- ment in the country for multiple unit type of dwellings. FHA uses it all over the country. Mr: Thornton stated he did not think there was any problem with changing some of the wor•ding in the party wall agreement that no one can build fences, but when they form an association and start to do things collectively, then they are changing from one organization pattern to another and that is where they would run into trouble with the lending institutions. But, this wou7d have to be checked out w�th the FHA. 15 C PLANNING COMMISSION MEETING� SEPTEMBER 14, 1983 PAGE 4 Mr. Goodspeed stated that the owners of Lots B 6 C would have to walk through Lots A b D to get to their own backyards with their lawnrtawers. Ms. Schnabel stated Mr, Goodspeed had a very good point about Lots 8& C needing access to the backyard through the yards of Lots A b D. It was nlso a good argument against putting in any kind of fencing. Mr. Deblon stated he did not think the subdivision regulations actually addressed the 4-plex; it is geared more toward the double bungalow where both owners have side yards. Mr. Butgusaim stated that if they could change the ter�n and call it coopera- tive yard maintenance, that would not constitute an association. Mr. Thornton stated maybe they could have an attorney write a definition for �cooperative yard maintenance that the lenders would not interpret as a secret way of getting a� association, Mr. Thornton stated he thought the point brought up by Mr. Goodspeed about rear yard access was an excellent point. This kind of thing has gone throuqh FHA's all around the country, and it has been applied to these four-unit developments, and this point has never been brought up before. MOTION BY PlR. KONDRICK, SECONDED BY KR. GOODSPEED, TO CLOISE TNE PUBLIC HEARING ON L.S. �83-OS BY MICNAEL D`BANNON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAti SCNNABEL DECLAftED TXE PC�BLIC •HEARING CLOSED AT 8:30 P.M. NOTION BY MR. GOODSPEED, SECONDED BY KR. KONDRICK, TO RECCMSMEND TO CITY COUNCIL APPROVAL OF LOT SPLIT REpUEST, L.S. NB3-OS, BY 1NICXAEL 0'BANNnN, FOR STAR HAMES, LTD., TD SPLIT LOTS 2B, 29, AND 30, BLOCK 21, HAMILTON'S ADDITION TO FRIDLEY PARK, INTO FOUR BUILDING SITES SD TXE FDUR UNIT BUILDING CAN BE U17DER SEPARATE OWNERSXIPS, THE SAME BEING GENERALLY LOCATED AT 5455 TO 5561 - 4TH STREET N.E., idITH TAE FOLLCxJING STIPULATIONS: 1. T1iAT THERE BE NO FENCES IN REAR YARD ON INDIVIDUAL L�'!' LINES; 2. THAT TNERE SHDULD BE COOPERATIVE LAW'J NAINTENANCE; 3. THAT TXERE BE REAR YARD ACCESS EASEMENTS T'� ALL PROPERTIES, Mr. Thornton stated they would like to have it worded so as to provide some protection to prEVent the access easement from becoming a nuisance. Ms. Schnabel stated that was reasonable and the Planning Carmission had no problem with that. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRW0INAN SCXNABEL DECLA72ED TXE MOTIOIJ CARRIED UNANINOUSLY. Mr. Deblon stated this ]ot split request would go to City Counci] on September 26, 1983. 15 D PLANNING COMMISSION MEETING L SEPTEMBER 14, 1983 PAGE 5 2. REVIEW OF AN ORDINANCE ADOPTING A NEW CHAPTER 14 ENTITLED "PFDDLERS oc n � uc� u Mc ue c. c cel T r u R MOTION BY PlS. CABEL, SECONDED BY PD2. SVANDA, TO CONTINUE THE REYIBW OF THIS ORDINANCE AT THE NEXT NEETING. Ms. Schnabel stated this is an ordinance the Cortmission should review because of the local merchants who are the ones who get hurt by these types of operations. UPON A VDICE VOTE, AI.L VOTING A YE, CXAIRWONAN SCHNABEL DECLARED THE MOTIDA' CARRIED UNANIPlOSULY. Ms. Schnabel stated this was also something the Community Development Commission might want to discuss with the Chamber of Comnerce. 3. RECEIVE AUGUST 16, 1983, ENVIRONMENTAL QUALITY COMMISSION MINUTES: PlOTION BY NR. SVANDA, SECONDED BY I�lR. SABA, T10 RECEIVE TXE AUG. 16, 1983, ENVIRONM�NTAL QUALITY COMMISSION NINUTES. Mr. Svanda sta!ed that Darlynn Ronn and Lee Ann Sporre were at this Commission meeting to talk about the City's use of fly-ash for winter road maintenance. The reason they came to the August Corm�ission meeting was because of the timing, and they thought it was a point in time when the City and County would be executing contracts with local power utilities to get the fly-ash stock for the coming season. Ms. Ronn and Ms. Sporre wanted the Commission to pass a motion on to the City Council saying that the Commission was look- ing at this issue so that the City Council would then defer any possible action on executing any contracts, although neither of them knew for sure if new contracts were going to be let. Mr. Svanda reviewed s ane of the discussion at the meeting. He stated Ms. Ronn and the Environmental Quality Comnission had some differences of opinion concerning the environmental effects of the use of fly-ash on�the river and creeks. Ms. Ronn also stressed the aesthetic environmental issue. Mr. Svanda stated the Commission was unanimous in its opinion that winter- time is a fi]thy time of year and without periodic snowfalls, the whole roetropolitan area looks blighted. All of the members of the Comnission that were present at this meeting also shared the opinion that they were not that upset with the use of fly-ash and felt the use of fly-ash was safer. He stated this will be discussed again at the September meeting. It was the concensus of the Planni essentia v in aareer.�en wi e UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOI►!AN SCHNABEL DECLARED TXE MOTION CARRIED UNANINOUSLY. 15 E PLANNING CONiMISSION MEETING, SEP7EMBER 14 z 1983 PAGE 6 ADJOURNMENT: J�IOTION BY !�t . XONDRI CIC, SECONDED BY XR . GABEi, TO AA70URN THE lIEETING . UPOb' A VOICE VOTE, ALL VDTING AYE, CXAIRWOMAN SCfJNABEL DECLARED Tl�' SEPTF.J�lBER 14, 19B3, PZANNING COMMISSION MEETING ADJDURNED AT 9:30 P.1N. Respectfully su itted, L yn e Saba Recording Secretary r►+a c�T v � FF�i L Y DIRECTOFiATE • OF PUBLIC WORKS ATE September 21, 1983 ROM D.P.W. Plannin - UBJECT Q'Bannon Zero Lot line Subdivision at 5455 4th Street N.E. C'.�'en � � MEMO N0. 83-69 TO 15 F MEMO R A N O UM ACTIONI INFO• Attached is a survey and an amended Declaration of Covenants, Conditions and Restrictions for the above property. The amended Declaration of Covenants contains new provisions that address fences, outside maintenance and rear yard access easements. 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'3N 133�1S H1 V . � 15 N . � �,,,� a �� ►� 3l 6 �`y , DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION made this day of 19_, by Mike E. O'Bannon and Olivia A. O'Bannon, husband and wife, he�einafter cefecred to as "Declacant". WITNESSETH: WHEREAS, Decla�ant is the owner in fee simple of cectain real property situated in the County of Anoka, State of Minnesota, legally described as follows: Lots 28, 29 and 30, Block Eleven (11), Hamilton's Addition to Mechanicsvilte, according to the map or plat on file and of recocd in the Office of the Registec of Deeds in and for Anoka County, Minnesota. WHEREAS, Declacant intends to establish a fouc family residential unit on the aforesaid propecties; NOW THEREFORE, Declarant hereby declares to the City of Fridley that all of the pcopecties desccibed above shall be held, sold and conveyed subject to the following easements, restcictions, covenants and conditions which are for the purpose of protecting the value and desirability of these properties, and which shall run with the ceal p�operty and be binding on all parties having any right, title or intecest in the described properties or any pact thereof, their heirs, successors and assig�s and shall inure to the benefit of each owner theceof and to the City of Fridley, Minnesota. -1- Living Unit, nor shall anything be done theteon which may be or become an annoyance or nuisance to other Ownecs or to the City of Fridley. Section 3. Garbage and Refuse Removal. No Lot shall be used or maintained as a dumping gcound for rub- bish. Tcash, gacbage or othet waste shall not be kept except in sanitary containers. Section 4. No Animals Except Pets. No fowl, animals or insects shall be kept on any Living Unit or Lot except dogs, cats or other common household pets, provided that they ace not kept, bced or maintained fbr any commec- cial pucposes. Section 5. Pcohibited Structures. No structuce of a temporaty character, trailer, basement, ga�age or othec building except a permanent residence, shall be used on any Lot at any time as a residence, either temporarily or permanently No fences oc othec st�uctures shall be erected between adjoining Lots Section 6. Ha2ardous Activities Pcohibited. No Ownec shall engage in or permit any activities in his/her Living Unit, or maintain or permit any conditions in his/her Living Unit, which should be consideced extca- hazardous by fice insurance companies or would adversely affect the insurability of the Living Unit which shates a party watl with his/hec Living Unit. -3- 15 J � ARTICLE III PARTY WALLS Section 1.- General Rules of Law. to Apply. Each wall which is built as part of the original construction of any Living Unit upon the prope�ties and placed on the dividing line between two (2) Living Units shall constitute a party wall and to the extent not inconsistent with the provisions of this Acticle the gene�al cules of law regarding party walls and of liability foc property damage due to negligent or willful acts or omissions shall apply thereto. Section 2. Shares�of Repair and Maintenance. The cost of reasonable cepair and maintenance of each party wall shall be shared by the Owners who make use of the walt in propoction to their ownership and use. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty or by physical deterioration, any Owner who has used the wall may cestoce it and shall have an easement over the adjoining Living Unit foc purposes of making such restoration, and if other Owners thereafter make use of the wall they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, bow- ever, to the right of any such Owner to call foc a larger contribution from other Owners under any rule of law regarding liability fo� negligent o� willful acts or i omissions. -4- 15 K � Section 4. Weathecproofing. Notwithstanding any other provision of this Atticle, any Ownec who by his/her negligent or willful act, causes any pa�ty wall to be exposed to the elements or excessive heat oc cold shall bear the whole cost of furnishing the necessacy protection against such elements oc heat oc cold, and of cepaicing the party wall from damage caused by such exposuce. Section 5. Right to Contribution Runs with Land. The �ight of any Owner to cont�iubtion fcom any other Ownec undec this Acticle shall be appurtenant to the Lot and shall pass to such Owner's successocs in title, Section 6. Arbit�ation. In the event of any dis- pute arising concerning a party wall, o� unde� the pcovi- sions of this Acticle, each party shall choose one acbitca- toc and such arbitcators shall choose one additional arbit�ator, and the decision of a majority of all the arbitrators shall be final and conclusive of the question involved. If any party refuses or fails to promptly appoint an arbitcatoc,.the same may be appointed by any judge of the District Court, Anoka County, Minnesota. Arbitration shall be in acco�dance with the �ules of the American Arbitration Association. Section 7. Enccoachment. If any portions of a Living Unit oc any Lot shall actually encroach upon any othec Lot, o� if any such encroachment shall hereinafter arise because of settling o� shifting of the building or -5- 15 L �s r�� other cause, thece shall be deemed to be an easement in favo� of the ownec of the enccoaching Living Unit to the exte�t of such encroachment so long as the same shall exist. Section 8. Mechanics Liens. Each Ownec of a Living Unit ("Defaulting Owner") agcees to indemnify and hold harmless the Ownec of an adjoining Living Unit for any mechanics' liens acising fcom wock done o� material supplied to make repairs or replacements for which the Defaulting Owner is responsible. ARTICLE IV OTHER PROVISIONS GOVERNING RELATIONSHIP AMONG OWNERS OF ADJOINING LIVING UNITS Section 1. Insucance-Replacement. Each Owner shall maintain fire and extended coverage insurance on his/her Living Unit in the full replacement cost thereof and shall, in the event of damage to or destruction of his Livi�g Unit, cestore.it to the condition in which it was prior to the damage or destruction and each Owner shall file a copy of said policy of insucance with the other parties shacing the "Party Wall". Section 2. Maintenance. Each Owner of a Living Unit shall maintain his/her Lot, and the exterioc of his/her Living Unit in good condition�and repaic and in a clean and neat condition and subject to all the conditions hereinafter set forth in Section 3 and in accordance with �_ all City Codes and ordinances. �All Owners shall act in a cooperative mannet regarding all yard maintenance to insure -6- � uniformity in the maintenance and landscaping of the Lots. / Section 3. Acchitectural Control. (a) The Owner of a Living Unit may replace extecior components of his/hec Living Units with similar components of the same design and color, and may paint the exterior of his/he� Living Unit with paint of the existing color of the exterior, but he/she may not, either in the cou�se of ordinacy replace- ment or cemodeling or cestoration after damage or destcuc- tion, employ different siding oc roofing material oc a different color scheme, without the consent of the Owner of the adjoining Livir►g Unit and of the City Council of the City of Fridley. (b) In the event of any dispute arising con- cerning a change in siding or roofi�g material o� coloc scheme, each party shall choose one arbitcatoc, and the decision of a majority of all the arbitrators shall be final and conclusive on the question involved. The Arbitrators' decision of whether the proposed siding or roofing material or coloc scheme is in harmony with�the design of the adjoining Living Unit. If any party refuses or fails to promptly appoint an arbitcator, the same may be appointed by any judge of the District Court, Anoka County, Minnesota. A�bit�ation shall be in accocdance with the rules of the Ame�ican Arbitration Association. The cost of arbitration shall be botae equallyby the parties. (c) The City of Fridley shall be notified in -7- 15 r� 15 0 writing at least 30 days p�ior to any acbitration heariag aad shall have the cight to present evidence cega�ding any architectural disputes in order to protect the health, safety and general welfare of its cesidents and the property values of the neighborhood. �^ Section 4. Easements. Each Owner shall have an easement to all Lots for the purpose of ingress and egress and also for the purpose of gene�al recreational use of the Lots, such recceational use excluding any behavior or actions which would be an annoyance oc nuisance to othe� Owners. ARTICLE V �� GENERAL PROVISIONS Section 1. Enforcement. Any Owner or the City of Fridley shall have the right to enfocce, by any proceeding at law or in equity, or both, all of the tecros and provi- sions of Article II and Article IV of this Declaration, and the Owne� of the Living Unit involved shall have the right to enforce, by any p�oceedings at law or equity, oc both, all of the terms and provisions of Article III and IV of tbis Declaration. Enforcement shall be by proceedings at law oc in equity against any person or persons violating oc attempting to violate any convenant eithet to restcaint violation ot to recover damages. The City of Fridley shall not be entitled to cecover damages but may obtain an injunction oc cestraining ocder to protect the public -8- a health, safety and general welfare. Sectio� 2. Severability. Invalidation of any of these covenants by judgment or court order shall in �o way affect any of the other provisions, which shall cemain in full force and effect. Section 3. Amendments. These covenants are to run with the land and shall be binding on all parties and all persons claiming undec them for a period of thicty years fcom tbe date these convenants are recorded, after which time said convenants shall be automatically extended for successive periods of 10 yeacs unless an instrument signed by a majo�ity of the then Owners of the Lots a�d approved by the City Council of the City of Fcidley has been recorded, agreeing to change said covenants in whole o� in.part. IN WITNESS WHEREOF, the undersigned, being the Declarants herein have caused these presents to be executed in their name this day of , 19 . , Dec arant, Mike E. O'Ban�on � _ Dec acant, O ivia A. O Bannon -9- 15 P STATE OF MINNESOTA) ) SS. COUNTY OF ) On this day of , 19_, before me a Notary Public within and for said County, pecsonally appeared Mike E. O'Bannon and Olivia A. O'Bannon, husband and wife, to me personally known who, being each be me duly sworn, did say that they ace the Decla�ants named in the foregoing instrument and they acknowledged said instcument to be their own fcee act. Notacy Pu ic CITY OF FRIDLEY By: Its Mayor By: Its City Managec STATE OF MINNESOTA) ) SS. COUNTY OF ) � On this day of , 19 , before me a Notary Public within and for said County, personally appeared and to me pe�sonally known, who, being each by me duly sworn, did say that they are �espectively the Mayor and City Manager of the City of �ridley� Minnesota, the municipal -LO- . 15 0 corporation named in the foregoing instcument, and that the seal affixed to said instcument is the seal of said munici- pality, and that said instrument was signed and sealed in behalf of said municipality by autho�ity of its Council, and said and acknowledged said instcument to be the free act of said municipality. Notacy Pu ic -11- 15 R MEMO T0: NASJM M. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: SIDNEY C. INMAN, DIRECTOR OF CENTRAL SERVICES/ CITY CLERK SUBJECT: RESOLUTION SPLITTING AND REPLATTING SPECIAL ASSESSMEhTS FOR TKE SEPTEMBER 12. 1983 AGENDA pATE: AUGUST 20, 19$3 We are request�ng that the assessments be separated on Parcels 1760 and 2080, lowell Addition, as these parcels have been divided into the new plat of Doty/Wellner Addition. The Council has previously approved this plat. and the plat has been recorded at Anoka County. SCI ps Atts. e 16� RESOLUTION N0. - 1983 A RFSOLUTION AUTHOR�tING AND DIRECTIN� TNF SPLITTING OF SPECIAL ASSESSMENTS ON PARCELS 1760 AND 2080, LOWELL ADOITION, AND REPLATTING INTO DOTY�WEILNER ADOITION YHEREAS. certain special assessments have been levied with respect to certain land and said land has subsequently Deen subdivided. NOM. THEREFORE, BE 1T RESOLVfD as follows: That the assessments levied against the following described parcels, to-wit: Parcels 1760 and 2080, lowell Addition, may and shall be appo�tioned and divided and �eplatted into Doty/Wellner Addition� as follows: Ori�inal Parcels �arcel 1760, Part of Lots 1 and 2. Blk. 7, Lowell Add'n 15 30 24 al Ooaa Parcel 2080, Part of Blks. 6 and 9, Lowell Add'� 15 30 24 41 0045 Division and Replatting Approved Lot 1, Blk. 1, Doty/Wellner Add'n 15 30 24 41 0073 lot 2-A. Blk. 1, Ooty/Wellner Add'n 15 30 24 41 0074 Lot 2-B, Blk. 1, Doty/IJellner Add'n 15 30 24 41 �075 Lot 3-A, Blk. 1, Doty/Wellner Add'� 15 30 24 41 0076 lot 3-B. Blk. 1, Ooty/Wellner Add'�- l5 30 2A 41 0077 lot 4•A, Blk. l, Doty/Wellner Add`n 13 30 24 41 00�8 tot �-B, Blk. 1, Doty/Wellner �dd'n 15 30 24 41 0079 Lot 5-A. Blk. l, Doty/Wellner Add'� 15 30 24 41 0080 lot 5-B. Blk. 1, Doty/Wellner Add'n 15 30 24 41 0081 lot 6-A, 61k. 1, Ooty/Wellner Add'n 15 30 24 41 0082 Fund � #�5-C Reg. SA ST. 1962-2 55 �5-C Fund Reg. SA SS N5-C Reg. SA S5 �5-C Reg. SA SS #5-C Reg. SA SS i5-C Reg. SA SS #�5-L Reg. SA SS �5-C Reg. SA SS �5-C Reg. SA SS IS-C Reg. SA SS f5-C Reg. SA SS �5-C � Ori inal Amount Paid Paid Paid S 1.721.76 1.121.16 pri inal Amount —�---- Paid S 132.44 Paid 132.44 Paid 132.44 Paid 132.44 Paid 132,44 Paid 132.44 Peid 132.44 Paid 132.44 Paid 132.44 Paid 132.45 16 A Page 2 RESOlUTION N0. - 1983 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCELS 1760 ANO 2080, LOWELL AODITION. AND REPLATTING 1NT0 DO?Y/WELLNER ADDITION Lot 6-B. Blk. 1, Doty/Wellner Reg. SA Paid Add'n 15 30 24 41 0083 55 �5-C s 132.45 Lot 7, Blk. 1, Doty/Wellner Reg. SA Paid Ad0'n 15 30 24 41 0084 SS �5-C 132.45 lot 8. Blk. 1, Doty/Wellner Reg. SA Paid Add'n 15 30 24 41 OOBS ST. 1962-2 Paid SS �5-C 132.45 ��,121.76 ADOPTED BY THE CITY COUNCIL OF THE C1TY OF FRIDLEY TH1S OAY OF . 1983. AT Tf ST : MAYOR William J. Nee C1TY CLERK Sidney C. Irman 16 B . +'�=-�A15SlSSIP�!—' a . ; . • f� W • 1 � i � W • • . i • .. ? � � , , �: � � 7. . Z � ° ' ,. '" � _' r { N s .., L �iv • � �or • I � K. e WAY l .,� I . . � : f � ! `� � ; i = � � '�� "I l� � s r � • �� - �� WAY � I! j �I• r�u �1� 1 I "��.' ' � . '�i Platted into DotylWellner Addition 16 C t.Vi COP.A�R � if CI� —i3 T Rf E�, �,,- �-�r . yr►iwr �• �• j„� �� i`,�I- i �` �./ ., �' �.'�, -^_ W� Pa�cel s 1760 and 2080. , a - Lowell Addition • � DD�71 py � ,-��. � �'�� L � a �` � �� r��' � i � � � �5� t � . .! . t ' � �: SYLVAI'J — K�� S tt ;—i ' pLAT 8 -- S 7� �LIT E• • •�AN � . . . � r � I t I � � � � �� I 1 �� i . � . .� . '' � SY�VAI� � LANE . . �� G � � � _ . • ' I ,;•• ��ra ...�� CITY OF FRIL�.EY M E M 0 R A N D U N1 'lb: NAS IM M. QIJRFSH I� CITY N1�1IV�GF.'Et . .,s �� • � . . - a r• • «� ►• • ��• «k � • • i• a i� �� - .� . . i• DAZE; ALIGt)ST 31, 1983 Attached is sane information from the ICMA Retirement Corporation. Zhis specific information regarcis a change in their Trust Agreements which brings then in oomplianoe with the new changes in the IRS Laws and additionally cleans up sane old language problens. In order to continue to be a member in good standing, the ICMA Retirement Corporation will require that the City Council pass a resol�tion, a sample of which is included, anending our agreement with thesn. I reoannend that we prepare this resolution in our format and that the Coimcil pass it at their earliest vonvenience. 'fie secorr3 major iten of interest is that the IItS L�a now allows us to elect our vwn repzesentative to the trust in order to help administer the f�d. I would strongly recar,Qnend that we evaluate the pote�►tial of recanr�ding a candidate from the City to represent us. I would like to talk to you about both of these matters at yau oorrv�ience. Please let me knaw when you have t.une available to discuss these issues. 9CI : sh a. 17 A RF�C[.V�I�ON I�U. _ - 1983 RFSOLUTION AUT80RIZING A TRUST AGREEMENT WITH ICMA RETIFtII�IENT CORPORATION AS AMENDED AND APFOINTING A �DINA�t�R PC�t �iE P� �V�, the F3nployer maintains a deferred compensation plan for its enployees which is administered by the ICMA Retirement Corporation (the �A[�iL1711S� BtOL � � � d11C3 WHIIZFAS, the Acir►inistrator has recommended changes in the plan document to comply with recent federal legislation and Internal Revenue Service Regulations gaverning said plans; and WI�tEAS, the Internal Revenue Service has issued a private letter ruling approving said plan doc�anent as o�mplying with Section 457 of the Internal Revenue Code; and W�, other public enplayers have joined together to establish the ICMA Retirement Trust for the purpose of representing the interests of the participating gnplayers with respect to the collective investment of funds held under their deferred compensation plans; and WHII�F'AS, said Trust is a salutary development which f urther advances the quality of administration f or plans administered by the ICMA Retirement Corporation: NOw ZI-]ERF.�URE BE IT RESCH�VID that the F�►iployer hereby adopted the deferred compensation plan� attached hereto as Appendix A, as an amendment and restatenent of its present deferred compensation plan a�ninistered by the ICMA Retirenent Corporation, which shall o�ntinue to act as A�ninistrator of said plan; and gE IT FUR�iF�t R�,VID that the gnployer hereby executes the ICMA Retirement Trust, attached hereto as Appendix B; and BE IT FVRTHII� R��1ID that the tinployer hereby adopts the trust agreement with the ICI�1A Retirenent Corporation, as appears at Appendix C hereto, as an amendment and restatement of its existing trust agree�nent with the ICMA Retiranent Corporation, and directed the ICMA Retirement Corporation, as RYustee, to irYVest all funds held under the c3eferred compensation plan through the IQ�7A Retirene�t ZYust as soon as is practicable; and gg IT FV�I'HF�t RF�GI,VID that the Director of Central Services shall be the 000rdinator for this progran and shall receive necessary reports, notices, etc. from the IC�"lA Retirenent Corporation as Administrator, and shall cast, rn behalf of the F�Ivyer, any zequired votes �mder the progra�n. Administrative duties to carry out the plan may be assigned to the appropriate c3epartJnent-s• PASSID AI�ID ADOPI'ID BY ZiiE CITY C�JNCIL OF Z�iE CITY OF i�tIDLEY R�iIS DAY OF , 1983. ls►7TF: �T: SIDAtE.'Y C. Il�II"1�,N — QTY C�2K RII,33/0/17/11 0 WII.LIAM J. I�E — MAYt�R 17 3 Auqust 26. 1983 ASS�? CITY MGR / FINANCE DIR CITY �F FkI�LEY 6431 UNIYERSITY AVENUE. N.E. FkIULEY. MINNESOTA 55432 Uear Sir/Madam= IC1�ZA 17 � R�;TIR�:M��NT CnRFORATION 1120 G Streel Northwest Suite 700 Washinyton OC 20005 Uue to recent ftderal requlati�ns and a decislon to m�re involve employers in the administTation of our deferred plan. we are amen�iinq tne plan document and askinq that the ICMA Re�irement Trust. A full explan�tion of these attached. Ares Code 202 737•6616 Toll Iree 800 124•92A9 directly compensetion you al so join chenqes is IT�e plan document we presently administer for you allows for amendments to �ecome effective if you do not file an objection Mithin 60 days of our n�tice to you. iTiis letter provides that notice. However. we have packa�ed the revised plan with a resolution for your qoverninq bociy wnict� addresses its adoption of the revision. as well as s� Declaration �f Trust for tne IC'�IA ketirement Trust end certain minor amenclme�ts to the current trust aqreement between you and the F2etlrement Corporation. Tne new Retirement Trust provides for your participation in the election c►f trustees to overs�e the cond��ct of the pr�grar�. b��t MI11 not result in a chanqe in the underlyit�q investments. IMe believe this new structure further dem�n strates our commitment to the welf�re �f our participating employers and employees. �n �cto ber 2a� 1983. the ball�ts for Plecting the first Board of Trustees wi 11 be mailed to those employers whlch have formally adopted the trust. If you have any questions. please call toll-free At 8�0-424-9249. Si nc re ly. �/� L��'� Peter L. DeGroote President PLD/mam Enc. The ICMA Ref�remem Co�poratan is M+e adnnrastratp ot � delerred compensation �et�rernem ptsn la sbte antl bcs� qoremmem unde� the spw�sashp o1 Intematwna� C�ty Management Associstwn • Municipat Finsnce OM�cers Association • Imenut�onai Personnel Mansgemem Assocwt�on • Nsfwna� inst�tufe ol MunK�psi L�» OH�cers • Nat�onai lesgue ol Cities % �me�un SocKry ia �ua�c Adm�n�s��a�+«+ • An+erican Instituu o� Dbnners • Ilmencan SocKty o� Pynnmq ONKyIS • Amencsn PudK Won�s Associslwn • Americsn Du01ic Pown Associstwn • Build�rg OH�c�a�s sn0 Cotle �►dm�rnslratas Imemafwr�l • Amenu� Assocatwn o� p�rpon Eaeculives • Imematwn�l Irestituu ot Municipsi Clerks • A+ne�un puD��t Gas Assocut�on • Inlemationa� Assoust�on o1 Assess�ny O��Ke�s ICMA Retirement Corporation Summary of Changes tor Pians Administered by The ICMA Retirement Corporation Re:cnt changc. in fedcral regulation+ concerning pubfic dcfcrrcd rnmpcn.ati�n plan. makc it necessan for nearly all plam t� hc amendcd. Accordingl�. w•e are offering a re�i.i�n of the defcrred compcmation plan we admin- i�t�r f��r �our emplc»ee� on your bchdlf. Also, v►e have tal.en thi. opE+c�nunit? to make Mher desirahle changes in our admini�trat�vc arrangcment� w•hich we belie��e v►•ill funher enhance the qualit; af our program h� increasing y�ur abiliq to directl� iniluence our acti��itiea and policia. The.e change� are reflected in the three dc�cument� which arc encl��.cd. �'e a�k that you obtain a resolution of your g��crning t�c�d> ad<�pting these document�. A suggested re��futi�n i� tnct��ed fot �our convenience. The docu- mcm� arc a. follo.��: 1. A neW deferred compensation ptan documenl Mhich amend+ and r�state� the ex+sting plan. This plan has t+een prepared in I�gfit �f ne� lnsernal Revenue Ser- vicc regulation�, wa� submitted to the 1RS. and has recei�•ed its apprrnal. The basic phiiosophy of plan de�ign hac been to pro.ide a plan as liberal as the 1aw� and regulation� Mill allo�+•. Thc exicting plan pro��ides for amendment upon our proFx�.al w•ith such amendment to become effecti�•e w nhin 60 da� � unles� �ou object in wriung. Accord- in�l� .�ou shauld regard this as fortnal notice of plan amendment. V1'hile g��erning bod� action is not re- quired for plan amendment�. Me recommend that you formall� adopt the new� plan in conjunction w�ith the other document�. 2, A Declaretion ot Trust for the IC!11A Retirement Trust. This is a neN feaare of our organiiational suucture. We currentl� have a direct Retirement Trust setauonship w�ith you vvhich v►•ill continue. The ne�� trust eseablishes a Board of Trustees to be seleceed b�• panicipating emplo��ces, thus giving the emplo��ers ultimate control o��er the management of tht funds. Included in the trustees' responsibilities are o��ersight of our performance, appointment of auditurs, and monitoring of investmcnt goals and objertives. The neN tru�t arrangemcnt ha� tkcn �uhmiucd to thc Sccuritic. and Excfiangc Commi.>ion f��r it. rc�+cw. A� you m�� kn�N. unlil,c thc 1RS. thc SEC d�x� n��t appro�c tramaction. hut indi�atc. wficthrr i�r nc�t it w i11 takc acti�n again.t ��u if a tran.:wruon i� c�rricd out. Thc SEC ha� Fi�cn u� a"n�racti�m" Icncr w ith rc.�ci to thc Rctiremcnt Tru�t'. compli�ncc w ith thc rcFi.ir:�- tion pro�•ision. of thc fedcral sccuri�ic. law �. The Retirement Tru�t ha. be�n created h� a F��under� Committee of perum� repre.entdti�e of the p�rti�ip�nt. in the RC program. Thc� ha� c dr�crmincd th�t thc fint election� shall bc hcld in thc carl} frll ��f 198�. preferabl� Scptembcr. H'c �ill necd c<,pic. �f �•our grnerning t�d)'� re�olution if you arr t�� otc in thc fi�st election or for an� af �our empl��cr� t�� t+c nominated as w�tee�. It i� expected that all ime+tmcnt. made on �our txhaif wil) be hcld undcr thc ICMA Rctiremcnt Tru�t aftcr it becomes effective. However, it is al�o ex�x�t�d that, unless an emplo��er adopt� thc Declarati�m c�f Trust. its ia�estment� Kill not bc hcld thcrcundcr foll�W �n� a trantiitional per+od. Therefore. M hile failurc tc� ad��pt the Dec{aration of Trust will n�t directl� aCfect ��ur ptan or ha�•e any immedia�c effect on the in.c�tmc�t of vour funds, it is required for your full and c�nnnu- ing participation in the Retirement Trust. 3. An amended version of �our existin� trust a�rc�- ment. The amendment� are intended to clarif� lh�� agreement and conform it to the new plan document. These changes improve and enhance the program. Thc addition of the ICMA Retirement Trust is done in the spint of our long-standing objective of serving the best interest� of our panicipants. ]n the event you feel a need for addi- tional information, please feel free to call our oft�ce toll- free at �800) 4?4-4249. As alw�a}�s, we are Qrepared ro assist ��ou. 17 D : Member introduced the following reso- lution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL TO UNDERTAKE AND FINANCE A COMMERCIAL DEVELOPMENT PROJECT (SKYWOOD �1ALL - FAIR OAKS �JORTH PROJECT) WHEREAS, a representative of Sk'ywood Mall, a Minnesota partnership (the "Company") has presented the City Council tthe "Council") of the City of Fridley, Minnesota (the "City"), with information concerning a proposed project within the City; and WHEREAS, a representative of the Company has requestec7 that the City resolve to issue commercial develapment reve- nue bonds or notes and has presented to this Council a form of preliminary resolution concerning such issuance with a request that such preliminary resolution, attached hereto as Exhibit A, be considered for adoption at the next regular meeting of this Council or at a special meeting of this Council; BE IT RESOLVED THAT: 1. This Council will conduct a public hearing on the proposal to undertake and finance the commercial development project described in the Notice of Public Aearing attached hereto as Exhibit A (the "Notice"}. 2. The City Clerk-Treasurer of the City is hereby authorized to cause the Notice or a notice in substantially the same form as the Notice to be published not more than thirty (34) nor less than fifteen (15) days before the date fixed in the Notice as the date of the hearing in the official newspaper and a newspaper of general circulation of the City. 3. The City Clerk-Treasurer of the City is hereby authorized to make a draft copy of the proposed application to the Minnesota Energy and Economic Development Authority, which would be submitted in connection with this proposed project, available for public inspection at the City Hall during regular office hours following the publication of the Notice. - 2 - PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TNIS DAY OF , 1983. ATTEST: SIDP�EY C. IN�1AN - CITY CLERK 0 �;ILLIAM J. NEE - MAYOR 18 A i . . EXAIBIT A NOTICE OF PI7BLIC AEARZNG ON A PROPOSED PROJECT AND THE ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS OR NOTES UNDER TIiE MUNICIPAL INDU5TRIAL DEVELOPMENT ACT, MINNESOTA STA�_ TUTES, CHA.PTER 474, AS AMENDED. CITY OF FRIDLEY, MINNESOTA NOTICE IS IiEREBY GIVEN that the governing body of the City of Fridley, Minnesota (the "City"/, will meet on October 17, 1983, at 7:30 o'clock p.m., at City Aall, 6431 Oniversity Avenue, N.E., Fridley, Minnesota, for the purpose of conducting a public hearing on a proposal that the City issue its revenue bonds or notes under the Municipal in- dustrial Development Act, Minnesota Statutes, Chapter 474, as amended, to undertake and finance a p— r ject on behalf of Skywood Mall, a Minnesota partnership (the "Company'). The proposed Project will consist of the renovation and con- struction of a mall, office building and hotel and related facilities and the acquisition of equipment to be installed therein, on land located at 5263 Central Avenue N,E., in the City of Fridley, to be owned and operated by the Company. The estimated total amount of the obligations to be issued is $7,000,000. The bonds or notes shall be limited obli- gations of the City, and the bonds or notes and the interest thereon shall be payable solely from the revenues pledged to the payment thereof, except that such bonds or notes may be secured by a security agreement and other encumbrance on the Project.- No holder of any such bonds or notes shall ever have the right to compel any exercise of the taxing power of the City to pay the bonds or notes or the interest thereon nor to enforce payment against any property of the City except the Project should the City evet acquire title to it. A draft copy of the proposed application to the Minne- sota Energy and Economic Development Authority for approval of the Project, together with all attachments and exhibits thereto, is available for public inspection at the offices of the City Aall, 6431 IIniversity Avenue N.E., Fridley, Minnesota, weekdays, between the hours of 8:00 a.m. and 5:00 p.m. . All persons interested may appear and be heard at the time and place set forth above or may submit their views in writing addressed to the City Clerk-Treasurer of the City of Fridley at the place set forth above, prior to the date of said hearing. Sidney C. Inman City Clerk �� BBSOLIITI011 10. _ - t983 A RBSOLOiIOH /�PP80QIHG L SIIBDIYISIOH, LO! SPLI?, L.S. �83-05, TO SPLI? LO?S 28, 29 � 30, H1.00[ 11. HiMILTOH'S 1DDITIOIi !0 l�CHAHICSYII.LS, IliTO PARCSLS l, B, C, �ltD D, '!HB SA1� BSIAG 5�55 - 5561 �TH S?RBSi 1.8. WHEREAS, The City Council approved a lot split at the September 26, 1983• meeting, and i1HEREAS, such approval Was to split Lots 28, 29 and 30, Block 11, Hamilton's Addition to Fridley Park into four parcels described as folloxs: Parcel A: All that part of Lots 28, 29 and 30, Block 11, Hamilton's Addition to Meehanicsville, Anoka Couaty, Minnesota, according to the record plat tbereof, except that part taken for highway purposes, describes as folloWS: Beginning at the southeast corner of said Lot 26; thence on an assumed bearing of ilest along the south line of said Lot 28 a distanee of 3� • 97 feet ; thence North 0 degrees 05 minutes 28 seconds East along the centerline of a party wall and its extension southerly and northerly a distance of 119.52 feet to the north line of said Lot 30; thence North 89 degrees 50 minutes 57 seconds East along said north line a distance of 27.32 feet to the northeast corner of said Lot 30; thence South 1 degree 39 minutes u1 seconds East along the east line of said Lots 2$, 29 and 30 a distanee of 119.6�1 feet to the point of beginning. Containing 3,484.30 square feet. Subject to a utility easement over the aorth 20.00 feet of the south 30.00 Peet of said Lot 28.(5455 4th Street N.E.) Parcel B: All that part oP Lots 28, 29 and 30� Block 11, Hamilton's Addition To Mechaniesville, Anoka County, Hinnesota, according to the recorded plat thereof, except that part taken for highWay purposes, described as folloWS: Commencing at the southeast corner af said Lot 28; thence on an assumed bearing of iiest along the south line of said Lot 28 a distanee of 3�•97 feet Lo the point of beginning; thence containing West along said south line a distance of 22.10; thence North 0 degrees 09 minutes 44 seconds East along the centerline of a party vall and its extension southerly and.northerlp a distance of 119.46 feet to the aorth line of said Lot 30; thence North 89 degrees 50 minutes 57 seconds East along said aorth line a distance of 21.95 . Peet; thence South 0 degrees 05 minutes 28 seconds West along the centerliae oP a party xall and its extension northerlq and southerly a distance of 119.52 feet to the gianiag. Containing 2,631•79 square feet. 19 A point of be Subject to a utility easement over the north 20.00 feet of the south 30.00 feet of said Lot 28.(5�57 �lth Street N.E.) Parcel C: Al1 that part oP Lots 28, 29 and 30, Block 11, Hamilton's Addition To Mechanicsville, Anoka County, Ninnesota, according to the recorded plat thereoP, exeept tbat part taken for highWay purposes� describes as folloWS: Commencing at the southeast oorner of said Lot 26; thence on an assumed bearing of West along the south line of said Lot 28 a distance of 53•�7 feet to the point of beginning; thenee coatinuing West along said south line a distance of 22.20 feet; thence North 0 degrees 22 minutes 37 seconds East aloag the centerline of a residential party wall and its extension southerly a distance of 63•75 feet; thence North 0 degrees �10 minutes 59 seconds iiest a distanee of 5.81 feet; thence North 0 degrees 12 minutes 59 seconds East along the centerline of a garage partq wall and its extension northerly a distanee of 45.3� feet to a point on tbe southerlp line of said high�►ay exception; thenee North 53 degrees �18 minutes 11 seconds East along said southerly line a distance of 7.66 feet to the north line of said Lot 30; thence North 89 degrees 50 minutes 57 seconds East along said north line a distance of 15.83 feet; thence South 0 degrees 09 minutes 4� seconds ilest along the centerl3ne of a party wall aad its extension northerly and southerlq a distanee of 119.46 feet to the point of beginning. Containing 2,619.75 square feet. Subject to a utility easement over the north 20.00 feet of the south 3�.00 feet of said Lot 28.(5459 4th Street N.E.) Parcel D: All that part of Lots 28, 29 �d 30� Block 11� Hamilton's Addition To Mechanicsville, Anoka County� Minnesota, according to the recorded plat thereof, except that part taken for highr+ay purposes, described as folloKS: Commenciag at the southeast corner of said Lot 28; thence on an assumed bearing of the West along the south line of said Lot 28 a distance of 75.27 feet to the point of beginning; thence continuing Hest along said south line a distance of 54.7� feet to the south�est corner of said Lot 28; thence North 1 degree 35 minutes 38 seconds West along the �+est line of said Lots 28 and 29 distance of 55•y0 feet to the southerly line of said higtnray exception; thenee North 19 degrees 59 �nutes O7 seconds Ea.st along said southerly line oP said highway exeeption a distanee of 26.02 feet; thence North 53 degrees �4$ minutes 11 seeonds East continuing along said southerly line of said highWay exception a distanee of 59.3? feet; thence South 0 degrees 12 minutes 59 Seconds West aloag the centerline of a garage party Wall and its extension northerly a distance of �15.3� �'eet; thence South 0 degrees 40 minutes 59 seconds East a distanee of 5.81 feet; thence South 0 degrees 22 minutes 37 seconds West along the centerline of a residential party vall and its extension sout2ierlq a distance of 63•75 feet to tbe point of beginning. Containing 5,198•62 square feet. Suhject to a utility easement over Lbe north 20.00 feet of the south 30.00 feet of said Lot 28.(5461 4th Street N.E.) NHEREAS, such approval t+ill allow the creation oP �F sero lot line, eommon rrall �� S d�ellings on the aite. HHEREAS, THE City bas received the required Certificate of Survey from Star Homes, Ltd. NOtii, THEREFORE BE IT RFSOLVED, that the City Council directs the County of Anoka to record this lot split Within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COONCIL OF THE CITY OF FRIDLEY THZS DAX OF , 1983• ATTEST: SIDNEY C. INMAN - CITY CLERR 2/2/9/3 WILLIAM J. NEE - NAYOR 0 20 FIRE DEPARTMENT MEMORANDUM DATE: September 21, 1983 MEMO T0: Nasim Qureshi, City Manager 83-9-2 FROM: Robert D. Aldrich, Chief �L �� RE: Joint Purchasing I have previously discussed with you my participation in exploring the concept of an area wide joint purchasing consortium among metro area fire departments. As a result of several meetings there developed a rather large representation that was strongly in favor of forming this group. I was asked to prepare the attached resolution which currently has been adopted by several communities. Adoption by the governing body is essential to participation. I am, therefore, requesting this item be brought before our City Council for action so that the City may be in a position to take advantage of the bidding on those items it desires to purchase. Currently specifications have been developed for turn out gear, fire hose and fire apparatus. Most favorable bids were received on the first two items mentioned. Please contact me if you have any questions. RDA/el Attachment ��.l-19e3 •:.•� �• �•�• �� . �• •�. .••.,�.. - •�•.• �: • �- r. ��• : � - �• � �w...�� . • �.� •� .f•� •��•.�:� � •• :�•. �� BE IT RESOLVED by the City of Fr i d�y as f ol lv►,�s; idHEREpS, the City of Fri dl e maintains and aperates a fire departnent. and: ' WH�F',AS, there exists a reed an8 desire of fire c3epaztments throughtout the seven county metro area to achieve economies of scale that can be acoar,�lished through c�oaperative and/or joint purchasing of fire depart�►ent 6upplies and equipme�t, and; WHE�,AS, the City of Fridte�r � — oonsiders it to be in the best interests of the City to participate With our fire departments in the seven oounty metro area in cooperative and/or joint purchase of fire department supQlies and equipner►t• �,�, ��g�f�pRE � gE IT RFSG[,VF9, that the City of F r i d 1 ey through its fire chief 8oes hereby authorize the participation of its fire deparbnent in c�oo�erative anci/or joint purchase of fire dePart�'ent equipment Metro A�reaefire Departrnents Jo'u�it and CooP'erat�ve Auchasing ConsoztiunCounty PASSED AND �DOpTED BY THE CITY COUNCIL OF THE CITY OF �l IS i1p,y pF __ , 19 83 . — MAYOR P►4'IF�'r: — CITY Q�tR 20 A 21 GMHCo City Council City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Councilmembers: GEORGE M. HANSEN COMPANY, P.A. A PinJtssr��nal furporo�ir�n oJCertifir,l Puh/�, A� � nuniani� August 23, 1983 This letter will confirm our understanding of the arrangements covering our examination of the financial statements of the City of Fridley, Minnesota for the year ending December 31, 1983. We will examine the combined balance sheet as of December 31, 1983, and the related combined financial statements for the year then ended. Our examination will be made in accordance with generally accepted auditing standards and will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances. The objective of our examination is to express an unqualified opinion on the financial statements, although it is possible that facts or circumstances encountered may require us to express a less than unqualified opinion. Our procedures will include tests of documentary evidence supporting the trans- actions recorded in the accounts, tests of the physical existence of inventories and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected customers, creditors, legal counsel and banks. At the conclusion of our examination, we will request certain written representa-- tions from your staff about the financial statements and matters related thereto. The fair presentation of financial position and results of operations in conformity �ith generally accepted accounting principles is management�'s respor.sibility. Management is responsible for the development, implementation and maintenance of an adequate system of internal accounting control and for the accuracy of the financial statements. Although we may advise you about appropriate accounting principles and their application, the selection and method of application are responsibilities solely of management. 1 75 SOUT1-� PL4z4 BUILO�NG WAYZATQ BOULEVARD 4T HIGHWAY 1 Op MINNE4POL�5. MiNNE50TA 5541 6 61 2/Sd6�2566 0 City Council City of Fridley, Minnesota August 23, 1983 Page 2 Our engagement is subject to the inherent risk [hat material errors, irregularities or illegal acts, including fraud or defalcations, if they exist, will not be detected. Nowever, we will inform you of any such matters that come to our attention. During the course of our engagement, we may observe opportunities for economy in or improved controls over your operations. We will bring such matters to the attention of the appropriate level of management, either orally or in writing. Please indicate your agreement to these arrangements by signing the attached capy of this letter and returning it to us. We appreciate your confidence in retaining us as your certified public acco �ntants and look forward to working with you and your staff. JGM:ap Enclosures - 2 very truly yo�rs, GEORGE M. HAIvSEN COMPAI3Y, P.A. � � J. Gregory Murphy Approved by: City of Fridley, Minnesota Date �� L 22 _ FOR CONCURRENCE BY THE CITY COUNCIL �— LICENSES � Se tember 26 1983 Type of License: B�r_ Approved By: Fees: Entertainment Stuart Anderson's Cattlemen's Ray Sorgie James P. Hill 585.00 Restaurant Public Safety Director 5696 University Ave.N.E. Fridley, Mn. 55432 Faod Establishment � Stuart Anderson's Cattlemen's Ray Sorgie Steven J. Olson S35.00 Restaurant Health Inspector 5696 University Ave.N.E. Fridley, Mn. 55432 � FOR CONCURRENCE BY THE CITY COUNCIL Septe�nber 26, 1983 GENERAL OONTRACPOR Crosstawn Builders Inc. 11320 - 131st Avenue Daytr�n, NIld 55327 Day's Remodelir�g 3242 Sandeen Road Arden Hills, l�i 55112 By: Daniel Wandzel By: Jim Day FMI,. Inc. Box 483 Hasti�s, NIId 55033 By: Paul Schwark K & H Oonstruction Inc. 1425 Coon Rapids Boulevard N.W. Coon Rapids, 24� 55433 By: Stan Kirckof R. J. Peterson & Sons 4005 - 5th Street i�. E. Columbia Heights, Md 55422 By: John Peterson Charles P. i7eise Oontr. 2807 Lyndale Avenue North Minneapolis, 2+IDi 55411 By: Charles Weise GAS SERVICFS White Bear Oil Co., Inc. 2025 - 4th Street W}u te Bear Lake, MN 55110 By: Michael J. Rathburn HEATING Environmental Air Contractors Inc. 294B Rice Street St. Paul, t�i 55113 By: Stan Jakubowski White Bear Oil Oo., Inc. 2025 - 4th Street White Bear Lake, 1rII�1 55110 ROOFING Ronald D. Paradee 2875 Jackson Street Little Canada, i�l 55117 SIGN ERECTOR Universal Sign Company 1033 Thomas Avenue St. Paul, M'i7 55104 By: Michael Rathburn By: Ronald Paradee By: Lee Palmateer , 22 A -- LICENSES APPROVED BY DARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chi ef Bldg . Of c. DARREL CLARIC Chi ef Bldg . Of c. DARREL CIARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. WILLIAM SANDIN Plbg.-Htg. Insp. WILLIAM SANDIN Plbg.-Htg. Insp. WILLIAM SANAIi3 Plbg.-Htg. Insp. DARREL CLARi: Chief Bldg . Of c. DARREL CLARK Chief Bldg . Of c. 3 �� FOR CONCURRENCE BY THE CITY COUNCIL -- CLAIMS c�,ir� rt�r��E�s 251J�7 - 265F�2 =I FOR CONCURRENCE BY THE CITY COUNCIL SF•PTII�ER 12, 1983 9nith, Juster, Feikena, Malm�n � Aaskvitz 1250 Builciers F�change Building Mi.nneapolis, I+QI 55402 For legal services rendered as City Prosecutor for the month of August, 1983 E. A. Hickok & Assoc. Inc 545 Indian Mound Wayzata, Minnesota 55391 For Professional Services Phase I Moore Lalce Restoration Proj. $1,756.76 Phase II Moore Lake Restoration Proj. $1,660.46 for August, 19,83 Allied Blacktop W503 89th Avenue North Maple Grove, I�AI 55369 Estimate No. 5 Seal Coating Project ST. 1982-10 Halverson Construction Co. 4229 165th Avenue Wyaning, I�AI 55092 Estimate No. 5 Misc. Cxub & Gutter & Sic7ewalk Noble Nursery, Inc. 8659 Central Avenue N.E. Blaine, 1�A1 55434 Estimate No. 4 Plaza Landscaping Project � 7 �-- ESTIMATES :� 5,837.50 ;� 3,417.22 $52,671.12 $ 7,000.00 $:10, 036 . 99 24 �� 24 A � STATEMENT yIAITH, JUSTER. FE�KEN.A, MALMON d� NASKV112 ATTORNErS AT LAW 1250 BUILOERS EXCHANGE BLDG. MINNEAPOLIS, MINNESOTA SS�02 a34�asi rity of fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Attention: Mr. Nasim Qureshi L CJN pATE � �� a.t�sa �a�Vw� M1� �OAt�O� �� ouw ��YfM♦ • SUBURElAN OFFICE FRIDLEV � J � fA V►NCE FORWARDED (ROM IAST SIATEMENT 9-12-83 For legal services rendered as Prosecutor for the City of Fridley during August, 1983. Representation of City of Fridley in court 8-02-83 (Anc�ka); 8-04-83 (Col. Heights); 8-09-83 (Anoka); 8-10-83 (Anok�i); 8-11-83 (Col. Heights); 8-16-83 (Anoka); 8-18-83 (Col.tieights); 8-23-83 (Anoka); 8-24-83 (Anoka) and 8-25-83 (Col. Heic;hts), for 46 jury trials, 33 court trials, 16 omnibus hearings, !� pre-trial conferences, 1 plea, 1 violation hearing and 1 gross m�isdemeanor pre-trial includin the Bessesen and Lundeen trials to verdict. (81 hours�. Preparation of 53 formal misdemeanor complaints, 12 fo�-mal gross misdemeanor complaints and 2 citizen office conference�� and miscellaneous phone conferences. (20.25 hours). pATE � �'t SMITH, Jl15TER, FEIKEMA, MALMON i HASKVIT2 �RO..c•� �� u� � � � BALANCE fORWAROED i RO�' LAST S� 4TEMENT Research and instructing at Police Department Seminar a.nd meeting with Prosecutors and Police Chiefs regarding fe�deral grant for coop services. (8 hours). TOTAL TIt�1E (113.75 hours) August, 1983 Retainer Time in excess of retainer (83.75 hours) $1650.00 $4187.50 SNIITH, JUSTER, fE1KEMA, MALMON i MASKVIT2 �Rnw.c•s �� 1650. 00 ��5837 . 50 ,�:1`H `��r�� Sister �''�� C1t1�S Of c:,Eh�.:�rM��.at Fridle� 25 �,�,,/,�,�-, -�s -/y�v� , ,,�� .�1 �.-� i.�i � �iE!' 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