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03.92I CINOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 • (612) 571-3450 • FAX (612) 571-1287 March 17, 1992 Steven and Linda Soderholm 5336 - 5th Street N.E. Fridley, MN 55421 Subject: Livestock License; 5336 - 5th Street N.E. Dear Mr. and Mrs. Soderholm: On March 16, 1992, the Fridley City Council officially approved your request for a Livestock License to raise rabbits at the above - referenced location, subject to the following stipulations: 1. Construction of a garage as shown on the site plan submitted by July 1, 1992. 2. Remove the existing shed upon completion of the garage. 3. If the garage is not constructed by July 1, 1992, the petitioner shall remove the shed and rabbits by July 15, 1992. 4. The license will be revoked if the petitioners cannot comply with the garage requirement. If the petitioners cannot construct the garage as required, they must submit a plan to achieve compliance by July 1, 1992. Please feel free to contact me at 572-3595 if you have questions or wish to discuss this further. Sincerely, Steven Barg Planning Assistant SB/dn C-92-92 FRIDLEY CITY COUNCIL MEETING OF MARCH 16. 1992 PAGE 6 4. APPROVAL OF LIVESTOCK LICENSE APPLICATION BY STEVEN AND LINDA SODERHOLM, 5336 5TH STREET*N.E.: Ms. Dacy, Community Development Director, stated that this is an application for a livestock license to house thirteen rabbits. She stated that according to Section 101 of the City Code, the Council is to consider five issues in determining whether or not to issue a livestock- license. She stated that these issues are as follows: (1) nature of the livestock; (2) possible affect on adjacent properties; (3) housing facilities; (4) sanitation control; and (5) affect on the general health, safety and welfare of the public. Ms. Dacy stated that the property owners to the north, Michael and Linda Anderson, have stated that they do not have any objections to the issuance of this license and another property owner, Frances Rodgers, has sent a letter indicating no objection to the license. She stated that an anonymous complaint was received regarding this matter. Ms. Dacy stated that the rabbits are currently housed in a shed, and the petitioners have indicated they are considering removing the shed and replacing it with a garage, which would be used for their vehicles and for raising the rabbits. She stated that the code requires at least thirty feet between an abutting .property and the area where the livestock are kept. Ms. Dacy stated that the site plan submitted for the garage construction does meet this requirement. Ms. Dacy stated that staff is recommending approval of this license with four stipulations, which she outlined. No persons in the audience spoke regarding this proposed livestock license. MOTION by Councilman Fitzpatrick to approve the livestock license application for Steven and Linda Soderholm with the following stipulations: (1) construction of a garage, as shown on the site plan on Page 4F of the agenda, by July 1, 1992; (2) removal of the existing shed upon completion of the garage; (3) if the garage is not constructed by July 1, 1992, the petitioner shall remove the shed and rabbits by July 15, 1992; and (4) the license will be revoked if the petitioners cannot comply with the garage requirement and if the petitioners cannot construct a garage as required, they must submit a plan to achieve compliance by July 1, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1992 PAGE 5 Mr. Pribyl, Finance Director, stated that the Council sh uld probably schedule a special meeting for the second reading o this ordinance in order to satisfy the mandated date. Ms. Haapala outlined the ward boundaries and presented pulation figures for all the wards. These totals were as follow Ward I, 9,512; Ward II, 9,406; and Ward III, 9,417. Ms. Ha ala stated that the deviation of no more than three percent co forms to the requirements of the City Charter. Councilman Billings stated he believed th/onded gures are within a one percent deviation. MOTION by Councilman Fitzpatrick to waiving and approve the ordinance upon first reading. by Councilman Schneider. Upon a voice vote, all votinor Nee declared the motion carried unanimously. Councilman Schneider stated that he not sure if it would confuse the issue if the numbering wa changed. Councilwoman Jorgenson stated confusing to keep the numbering Councilman Billings stated tha nine months ago, and he is amaz before this time. / MOTION by Councilman Schi 4 in each of the Wards, possible with the exi; Jorgenson. Upon a voice Jorgenson, Councilman F' the motion. Council n motion. Mayor Nee de la, 3. r she felt it would be less it is now. ie brought up this subject about that a decision has not been made i er to number the precincts 1, 2, 3 and aintaining numbering as consistent as dng map. Seconded by Councilwoman ,ote, Councilman Schneider, Councilwoman patrick and Mayor Nee voted in favor of Billings abstained from voting on the ,d the motion carried. LU Mr. Prib/cardscauses nce Director, stated that this ordinance changes the penahe second consecutive non -reading of the utility card froo $10.00. He stated that on the third consecutive quarter subsequent quarters if the meter is not read a penalty 00 is assessed. He stated that the number of unreturnthe City to estimate the readings and, in some casires a City employee to do a site visit. MOTION�by Councilman Schneider to waive the reading and approve the ordin nce on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Community Development Department PLANNING DIVISION City of Fridley DATE: March 12, 1992 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director Steven Barg, Planning Assistant SUBJECT: Livestock License Application; 5336 - 5th Street N.E. Background The applicants, Steven and Linda Soderholm, are seeking to obtain a livestock license for raising rabbits on their property located at 5336 - 5th Street N.E. Fridley City Code Chapter 101 requires that a livestock license be obtained by anyone keeping, raising, feeding, or caring for rabbits. Lot Considerations The property is legally described as Lots 6 and 7, Block 14, Hamilton's Addition to Mechanicsville. The total dimensions of the property are 80' x 1301. Presently, the rabbits are being stored in a 13' x 20' shed located at the northwest corner of the property. At the present time, there is no garage on this site. Fridley City Code 101 According to Fridley City Code 101, the City Council is to consider five issues in determining whether or not to issue a livestock license. These are as follows: 1. Nature of the livestock. 2. Possible affect on adjacent properties. 3. Housing facilities. 4. Sanitation control. 5. Effect on the general health, safety, and welfare of the public. 6 Livestock License Application March 12, 1992 Page 2 Attached to this memorandum are the site plan and other materials submitted by the applicants. From reviewing this material, staff believes that the applicants have shown that they will comply with items #1, #4, and #5. With respect to item #2, I have sent letters to those properties directly adjacent to the applicant's property requesting that they provide input regarding their concerns on this issue (a copy of this letter is attached). The residents directly north of the applicant's property, Michael and Linda Anderson, have indicated that they have not experienced any problems with the activity conducted by the applicants during the past three years. At this time, I have not received any responses from the three property owners to the west of the applicant's property; however, it is possible that they may be in attendance at the meeting. In addition, it should be noted that the property directly south of the applicant's property is a City park. Regarding item #3, Fridley City Code 101 states that "when livestock are kept in an area that abuts or joins a residential area on which dwellings are erected, there shall be a strip of land at least 30 feet wide between such an abutting property, and the area on which the livestock are kept". The existing shed on the applicant's property, where the rabbits are kept, is well within 30 feet from the north property line. Therefore, this requirement would not presently be met. Mr. and Mrs. Soderholm have indicated that they are considering removing the current shed and replacing it with a 22' x 26' garage, which would be used to store vehicles, and for raising the rabbits. Access to this garage will be from the improved alley located at the rear of the property and will meet all requirements for accessory structures. It is their desire to put this structure in the rear yard such that the combination of the garage area exclusively for vehicles, plus the distance from the garage to the north property line, would insure that the rabbits would not be kept within 30 feet of this property line (see attached letter for further information). Provided that this does not result in an encroachment closer than 30 feet to any other property line, this proposal would appear to meet the requirement. Recommendation Staff recommends that the City Council approve this license, subject to issuance of a building permit to construct a garage on the site such that the rabbits are housed at least 30 feet from all property lines. In addition, the applicants should be required to remove the existing shed upon completion of the garage. SB/dn M-92-162 44 MAR 12 1992 Jam.% 303 S //Z SEC. 23s T 30* ary OF FRIDLE: O 6 < ---------- 4-G'H-W-AA­ 7--L - ---------- - ---------- 303 S //Z SEC. 23s T 30* ary OF FRIDLE: O 6 4 57TH. "T� � ------------------------ CHERI . . . . . . . . . . . . . . N.E. Su 54 TH "­'WENUE 0) 53 V2n L P AVENUE L nna 0) S. 114 CORNER 28 OCATtON MAP FEK I NEW 0 4 57TH. "T� � ------------------------ CHERI . . . . . . . . . . . . . . N.E. Su 54 TH "­'WENUE 0) 53 V2n L P AVENUE L nna 0) S. 114 CORNER 28 OCATtON MAP March 6, 1991 Steve & Linda Soderholm 5336 5th St. NE Fridley, MN 55421 Clyde Wiley, Building Inspector City of Fridley 6431 University Ave. NE Fridley, MN 55432 Dear Mr. Wiley: In my previous letter I stated that we had excluded the option of building a new garage to replace the shed, but since then we have been informed that rabbits need to be housed 30' from the lot line. Therefore, if a livestock license will be issued, providing they are housed in a new building which is 30' from the lot line, we will submit the building plans to your office. Once we are granted a building permit, construction will begin as soon as weather permits. Once again thank you for your patience with us in this matter and please excuse our indecision but we truly want to keep our bunnies and still stay within our budget. Sincerely, Linda Soderholm CC: Steve Barg City Council Member, Edward Fitzpatrick 4C 101.03 10. Livestock. Horses, cattle, goats, rabbits, sheep, swine, fowl, and other animals used for utility. 11. Permit. Rhe authority to keep an animal within the City of Fridley. 12. Pet Shop. Any person, partnership or corporation engaged in the business of breeding, buying, selling or boarding animals of any species. 13. Rodents. A destructive or nuisance animal including such animals as rats, mice, moles, voles and other wild animals which are dangerous to the welfare of the public. 14. Veterinary Hospital. :Any -establishment maintained and operated by a licensed veterinarian Pr tide: diagnbsis;''care- and. treatment• of -diseases. and injuries of . � • animals. • - - -. .. .: ••;.. . .. .. :.- .... .'. •' -.. :: :. 1-5... wild° Anima]s�'. - All.living creatures, not human, wild'by nature: 101.02.. WIE D ANIMALS AND BIItAMID BD6 DS WII.D IRDSAi.S It shall be unlawful for any person to hunt, take, shoot, trap, IIt kill, injure or attempt to injure any wild animal or bird within the City of Fridley by use of a f irearm, 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 through the use of traps, poisons or other such lawful means. - LIVESTOCK 101.03. LIVESTOCK CONTROL CONTROL 1. License Requirement. No person shall engage in the keeping, raising, feeding or caring for livestock within the City limits of Fridley without first having obtained a license to do so. 2.- License grooedure. A. A license to keep livestock shall be granted only after written application, signed by the applicant, is filed with the City. The application shall state the applicant's full name and address, and contain the number and species of the livestock to be kept and a scaled site plan of the premises showing the adjoining property and fence lines. B. Zhe Council, in considering whether a livestock license should be granted, shall review the application and site plan to consider thie nature of the livestock, the possible effect on adjoining properties, housing facilities, sanitation control and the effect on the general health, safety and welfare of the public. 101-2 c . a;. - C. Any person keeping, raising, feeding or caring for horses, cattle, goats, sheep or swine shall provide no less than one (1) - acre of open, unused land for each animal. 3. License Fee. Mie annual license fee and expiration date for a livestock license shall be as provided in Chapter 11 of this Code. 4. Manure Removal. Persons who keep animals within the City shall not allow any odors which are offensive to the people inhabiting the City such that they constitute a nuisance as defined in Chapter 1108, entitled "Public Nuisance", of the City Code. Organic matter shall not be allowed to accumulate for more than one (1) week at a time. However, organic matter shall be removed more often than one (1) time per week if it is necessary to eliminate any odors that constitute a nuisance. 5. Housing. ProPer housing in, the form . of: ' bains, coops or hutches shall . tie p=ovjdW in• any. ale* where,li_veStock •are pe mitted to..xoaia. .Such housing shall :be adecuatey fericod. to :fr�suze that 'the° livestock wain .on •the .rowner's premises.. When livestock are kept` in an area ich dwellings are that abuts or adjoins a:residential area *on wh 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. (F 6. Inspection. Any authorized Animal Control Officer of the City shall, at any reasonable time, be permitted upon the premises where livestock are kept for the purpose of making an inspection to determine compliance with this Chapter. 101.04. ANIMAL NUISANCE ANIMAL NUISANCE For the purpose of this Chapter, an animal nuisance shall exist under any of the following conditions: 1. The animal is not confined to the owner's or custodian's property by adequate fencing or leashing. 2. The animal is off the premises of the owner or custodian and is not under the control of the owner or custodian by a leash. Such leash shall not exceed eight (8) feet in length. This provision is not applicable when an animal is in a motor vehicle. - 3. 7he animal commits damage to the person or property of anyone other than the owner, or creates a nuisance, as defined in this Chapter or in Chapter 110, entitled "Public Nuisance", of the City Code, upon the property of one other than the owner. This provision is not applicable when the animal is acting in defense of the owner, the owner's family or the owner's property. 4. A female animal is in heat and off the premises of the owner, unless confined while being transported to or from the premises of the owner. This provision is applicable when a female animal is in 101.04 . 101-3 . _.- C. Any person keeping, raising, feeding or caring for horses, cattle, goats, sheep or swine shall provide no less than one (1) acre of open, unused land for each animal. 3. license Fee. Rhe annual license fee and expiration date for a livestock license shall be as provided in Chapter 11 of this Code. 4. Manure Removal. Persons who keep animals within the City shall not allow any odors which are offensive to the people inhabiting the City such that they constitute a nuisance as defined in Chapter 110, entitled "Public Nuisance", of the City Code. Organic matter shall not be allowed to accumulate for more than one (1) week at a time. However, organic matter shall be removed more often than one (1) time per week if it is necessary to eliminate any odors that constitute a nuisance. Proper housing in the form of barns, coops or hutches shall be provided in any_atea• where_ livestock are permitted to roam:.. Such -.h6 s, .:shall -be adequately f�ncerl to insure that the livestock ' remain on t�e•.a�nerrs premises. -Mien I�vestoEk,ae'l�ept i an .oleo that aY3uts or' adjoins a residcntxal' oleo on .which "dwel��ngs. sie -t r. erected, there -shall be a' strip•of land at feast_ thirty (30) feet wide between such abutting property and the area on which the livestock are kept. - 6. Inspection. Any authorized Animal Control Officer of the City shall, at any reasonable time, be permitted upon the premises where livestock are kept for the purpose of making an inspection to determine compliance with this Chapter. 101.04. ANIMAL NUISANCE For the purpose of this Chapter, an animal nuisance shall exist under any of the following conditions: 1. The animal is not confined to the owner's or custodian's property by adequate fencing or leashing. 2. The animal is off the premises of the owner or custodian and is not under the control of the owner or custodian by a leash. Such leash shall not exceed eight (8) feet in length. This provision is not applicable when an animal is in a motor vehicle. - 3. The animal commits daQnage to the person or property of anyone other than the owner, or creates a nuisance, as defined in this Chapter or in Chapter 110, entitled "Public Nuisance", of the City Code, upon the property of one other than the owner. This provision is not applicable when the animal is acting in defense of the owner, the owner's family or the owner's property. 4. A female animal is in heat and off the premises of the owner, { unless confined while being transported to or from the premises of the owner. This provision is applicable when a female animal is in 4E ANIMAL NUISANCE 101.04 101-3 I a � I �_ I � r � I 1d yy I NA- I I I �. ,�, I lk i � I St i I t - - A— -�-- --- I � CA I _I I I I I -- - ,L - 1-- -�- —} - - - - -- - fi am! I — -A ate. I I rl IE 77* IQ I f I I I I I i I i I I I I i I j sf,tedd.. tll I -7- I I I r -- i i I I i T I I I i I i I I faI CIIYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 March 10, 1992 Michael and Linda Anderson 5360 - 5th Street N.E. Fridley, MN 55421 Subject: Livestock License Application; 5336 - 5th Street N.E. Dear Mr. and Mrs. Anderson: The Fridley City Council will consider a license application by Steve and Linda Soderholm to raise rabbits at the above -referenced property. Fridley City Code Chapter 101 requires that a livestock license be obtained for such activity. You are invited to attend this meeting and voice any concerns or comments that you may have regarding this issue. The meeting will be held at: Fridley Municipal Center 6431 University Avenue N.E. City Council Chambers Monday, March 16, 1992 7:30 p.m. If you cannot attend this meeting, but wish to provide input on this matter, please contact me at 572-3595 prior to the meeting. Sincerely, Steven Barg Planning Assistant SB/dn C-92-78 41 FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1992 PAGE 6 4. Ms. Dacy, Community Development Director, stated that this is an application for a livestock license to house thirteen rabbits. She stated that according to Section 101 of the City Code, the Council is to consider five issues in determining whether or not to issue a livestock- license. She stated that these issues are as follows: (1) nature of the livestock; (2) possible affect on adjacent properties; (3) housing facilities; (4) sanitation control; and (5) affect on the general health, safety and welfare of the public. Ms. Dacy stated that the property owners to the north, Michael and Linda Anderson, have stated that they do not have any objections 'i to the issuance of this license and another property owner, Frances Rodgers, has sent a letter indicating no objection to the license. z She stated that an anonymous complaint was received regarding this matter. Ms. Dacy stated that the rabbits are currently housed in a shed, and the petitioners have indicated they are considering removing the shed and replacing it with a garage, which would be used for their vehicles and for raising the rabbits. She stated that the code requires at least thirty feet between an abutting property and the area where the livestock are kept. Ms. Dacy stated that the j site plan submitted for the garage construction does meet this requirement. t Ms. Dacy stated that staff is recommending approval of this license with four stipulations, which she outlined. No persons in the audience spoke regarding this proposed livestock license. MOTION by Councilman Fitzpatrick to approve the livestock license application for Steven and Linda Soderholm with the following stipulations: (1) construction of a garage, as shown on the site plan on Page 4F of the agenda, by July 1, 1992; (2) removal of the existing shed upon completion of the garage; (3) if the garage is not constructed by July 1, 1992, the petitioner shall remove the shed and rabbits by July 15, 1992; and (4) the license will be revoked if the petitioners cannot comply with the garage requirement and if the petitioners cannot construct a garage as required, they must submit a plan to achieve compliance by July 1, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF MARCS 16, 1992 PAGE 5 Mr. Pribyl, Finance Director, stated that the Council should probably schedule a special meeting for the second reading of this ordinance in order to satisfy the mandated date. Ms. Haapala outlined the ward boundaries and presented population figures for all the wards. These totals were as follows: Ward I, 9,512; Ward II, 9,406; and Ward III, 9,417. Ms. Haapala stated that the deviation of no more than three percent conforms to the requirements of the City Charter. Councilman Billings stated he believed that the figures are within a one percent deviation. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that he was not sure if it would confuse the issue if the numbering was changed. Councilwoman Jorgenson stated that she felt it would be less confusing to keep the numbering as it is now. Councilman Billings stated that he brought up this subject about nine months ago, and he is amazed that a decision has not been made before this time. MOTION by Councilman Schneider to number the, precincts 1, 2, 3 and 4 in each of the Wards, maintaining numbering as consistent as possible with the existing map. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Schneider, Councilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Billings abstained from voting on the motion. Mayor Nee declared the motion carried. 3. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER,402, ENTITLED "WATER AND SEWER ADMINISTRATION." SECTION 402.10, METER READING AND PAYMENT FOR SERVICES: Mr. Pribyl, Finance Director, stated that this ordinance changes the penalty on the second consecutive non -reading of the utility card from $5.00 to $10.00. He stated that on the third consecutive quarter and all subsequent quarters if the meter is not read a penalty of $15.00 is assessed. He stated that the number of unreturned cards causes the City to estimate the readings and, in some cases, requires a City employee to do a site visit. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.