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01/23/1984 - 5197.1 I 0 OFFICIAL CITY WiJNCIL AG� �tJNCIL MfE�ETIlJG � JAi�JARY 23 , 1984 . � �C_sL0 l� � '�t...� X. } .� � '� � � '� � � � � �s..� � �''`�-'� �� ,� ;�� >� ' �� ___ ___. r . � FRIDLEY CI TY COUNCIL JANUARY 23, 1984 - 7:30 P.M. Following are the "ACTIONS TAREN" by the Administration for your information. •C ► �� 4�:C� Henry S. Peterson 10 Years Service to Fridley 49er Days Award presented to Mr. Peterson •• • � � Council Meeting, January 9, 1984 Minutes approved as presented ADOPTION OF AGENDA: Added: Consideration of a Resolution Opposing Development of a Garbage Incinerator Facility in N.E. Minneapolis; RE: Opposing N.W. Bell's Tier System and Proposed Rate Increase; RE: Supporting Governor's Report on Metro Waste Control Comm. •�_� �; •- Senator Frank reported on legislature activities ��i�-3��:��Ce�� Public Hearing on renaming 77th Way and .79th Way lying between Main Street and the railroad tracks to 77th Avenue and 79th Avenue N. E . . . . . . . . . . . . . . . 1 - 1 C Hearing opened at 7:55 p.m. Closed at 7:58 P.M. (See Item No. 13 --Adoption of Resolution No. 14-1984) � . . � Consideration of the lst Reading of an Ordinance Recodifying the Fridley City Code by 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" in their Entirety. . Ordinance Read on First Reading PUBLIC WORRS--ACTION_TAREN: Ordinance on February 6th Agenda for consideration of second reading Consideration of the lst Reading of an Ordinance Recodifying The Fridley City Code by Adopting a New Chapter 214 Entitled "Signs" and Repealing the Old Chapter 214 in its Entirety. . . . . . . . . . PUBLIC WORRS--ACTION TAREN: Ordinance on February 6th Agenda for consideration of second reading Receiving Planning Commission Minutes of January 11 , 1984 . . . . . . . . . . . . . . . . . . A. Preliminary Plat, P.S. #83-01, Western Ridge Estates, by Allen Fehn (I-694 and T.H. 65 on Hillwind Road) ...................................... Public hearing was set for February 27, 1984 PUB IC WORRS--ACTION TAREN: Arrangements made for public hearing on February 27 B. Rezoning Request, ZOA �83-04, to rezone all of proposed Lot 1 of Western Ridge Estates to R-3, and proposed Lot 2 to R-2, Allen Fehn ............... Public Hearing was set for February 27, 1984 pUBLIC WORRS--ACTION TAREN: Arrangements made for public hearing on February 27 . . . . . . . . . . 4 - 4B 4B - 4F 2 - 2 M 3 - 3 U 4 - 4 I Council Meeting, January 23, 1984 ► . � . -. PaQe 3 (Planning Commission Minutes Continued) C. Consideration of amending Chapter 205 "Zoning" by adding Fire Protection Requirements and Amending Certain Other Sections ............................... 4G - 41 Public Hearing was set for February 27, 1984 PUBLIC WORRS--ACTION TAREN: Arrangements made forB00j public hearing on February 27 Receiving Charter Commission Minutes of November 17, 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 - SD Minutes received PUBLIC WORRS--ACTION TAREN: Filed for future reference CONSIDERATION OF A RESOLUTION OPPOSING DEVELOPMENT OF A GARBARE INCINERATOR FACILITY IN N.E. MINNEAPOLIS. .(ADDED) 5.1 Resolution No. 11-1984 adopted PUBLIC WORKS--ACTION TAKEN: Resolution forwarded to appropriate parties Consideration of Setting a Public Hearing on the Amendment of Redevelopment Project No. 1, Modifying it by Enlargement, and the Redevelopment Plan Relating Thereto for February 27, 1984 . . . . . . . . . . . . . Hearing set for February 27, 1984 �UBLIC WORRS--ACTION TAKEN: Arrangements made for public hearing on February 27 . . . 6 - 6 D Consideration of Setting a Public Hearing on Tax Increment Financing District No. 5 for February 27, 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Public Hearing set for February 27, 1984 PUBLIC WORRS--ACTION TAREN: Arrangements made for public hearing on February 27 \ . � , • -• Consideration of Appointment of New Members to CityCommissions . . . . . . . . . . . . . . . . . . . . . Some members were reappointed to Commissions and the rest tabled to the next meeting CITY MANAGER--ACTION TAREN: List updated and put on the next agenda for further consic7eration of appointments Receiving bids and awarding contract for Four-Wheel Drive Articulated Rubber-Tired Tractor Loader. . . . . . . . Bids received and contract awarded to the low bidder Lake State Equpment Company PUBLIC WORKS--ACTION TAKEN: Bidders informed of Council award ,: : � 9 - 9 A Consideration of Approval of a Lease Agreement for the "A" Frame with School District No. 14. . . . . . . . . . . . 10 - 10 N Lease Agreement approved CENTRAL SERVICE--ACTION TAREN: Lease will be executed if building can be repaired for this use Consideration of a Resolution Approving a Subdivision, Lot Split, L.S. #82-05, to Split Lot 18, Auditor's Subdivision No. 77, into Parcels A& B, the same being 7355 anc3 7365 East River Road N.E., Runz Oil Co. .... Resolution No. 12-1984 adopted PUBLIC WORRS--ACTION TAREN: Proceeded with arrangements for lot split as approved . . 11 - 11 D Council Meeting, January 23, 1984 � . � . -. Page 5 Consideration of a Resolution Authorizing the Posting of "No Parking" Signs on 73rd Avenue (M5AS 307) Between University Avenue (T.H. 47) and Central Avenue (CSAH �35). . 12 Resolution No. 13-1984 adopted gUBLIC WORRS--ACTION_TAREN: Signs posted as authorized Consideration of a Resolution Renaming that Part of 77th Way and 79th Way, Lying Between Main Street and the Railroad Tracks, to 77th Avenue and 79th Avenue. .... 13 Resolution No. 14-1984 adopted PUBLIC WORKS--ACTIO� TAREN: Parties notified and street signs replaced accordingly Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . 14 - 14 A Approved CENTRAL SERVICE--ACTION TAKEN: Licenses Issued Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15 B Approved CENTRAL SERVICE--ACTION TAREN: Estimates Paid Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Approved CENTRAL SERVICE--ACTION TAREN: Claims Paid e � � . -. Consideration of Dzafting a Resolution Opposing N.W. Bell's Tier System and Proposed Rate Increase. ......: (Added) PUBLIC WORRS--ACTION TAREN: Resolution drafted for Council approval at February 6th meeting Consideration of Drafting a Resolution in Support of the Governor's Report Regarding the Waste Control Commission . . . . . . . . . . . . . . . . . . . . . . . . . (Added) pr1Rr.I� WORRS--ACTION TAKEN: Resolution dr�fted for Council approval at February 6th meeting • � � C� COUtJC I L h�EET I NG, �ANUARY 23. 1984 ,�EH' BUS i NESS: PA�E 2 CONSIDEFcATION OF THE 1ST READING OF AN ORDINANCE . RECODIFYING THE FRIDLEY CITY CODE BY ADOPTING • A NEW CHAPTER 1�1 ENTITLED "ANIMAL CONTROL" AND REPEALING OLD CHAPTERS 301 ENTITLED "LIVESTOCK CONTROL". 3B2 ENTITLED "ANIMAL CONTROL". AntD 303 ENTITLED "WILD ANIMALS AND BIRDS" IN THEIR ENTIRETY. ..... 2— 2 M CONSIDERATION OF THE 1ST READING OF AN ORDtNANCE RECODIFYING THE FRIDLEY CITY CODE BY ADOPTING A NEW CHAPTER 214 ENiITLED "SIGNS" AND REPEALING THE OLD CHAPTER 214 I N I TS ENT I RETY .............. 3— 3 U RECEIVING PLANNING COMMISSION MINUTES OF .1ANUARY 11, 1984 . . . . . . . . . . . . . . . . . . . . . . . 4 - 4 I A. PRELIMINARY PLAT, P.S. #83-01. WESTERN RIDGE ESTATES, BY ALLEN FEHN i1-694 AND T.H. 65 oN HiLL��IND ROADi ...................................... 4 - 4B PLANNING COMMISSION RECOMMENDATION: APPROVAL WITH STIPULATIONS �OUNCIL ACTION NEEDED: SET PUBLIC HEARING FOR FEBRUARY 27, 1984 B. REZONING REQUEST, ZOA #83-04. TO REZONE ALL OF PROPOSED LOT 1 OF WESTERN RIDGE ESTATES TO R-3. AND PROPOSED LOT 2 TO R-2. ALLEN FEHN ............... 4B — 4F PlANNlNG COMMISSlON RECOMMENDATION: APPROVAL COUNCIL ACTION NEEDED: SET PUBLIC HEARING FOR FEBRUARY 27, 1984 • '! U NEt�� BU� I NESS ( CONT i NUED ) (PLANNING COMMISSION MINUTES CONTINUED) PAGE 3 C. CONSIDERATION OF Ah1ENDING CHAPTER 205 "ZONING" BY ADDING FIRE PROTECTION REQUIREMENTS AND AMENDING CERTAINOTHER SECTIONS ............................... 4G - 41 PIANNING COh1MlSSlON RECOMMENDAT{ON: APPROVAL COUNCIL ACTION NEEDED: SET PUBLIC HEARING FOR , FEBRUARY 27, 1984 RECEIVING CHARTER COMMISSION MINUTES OF NOVEMBER 17, 1983 ............................ 5-5D CONSIDERATION OF SETTING A PUBLIC HEARING ON THE AMENDMENT OF REDEVELOPh1ENT PROJECT N0. 1, MODIFYING IT BY ENLARGEMENT, AND THE REDEVELOPMENT PLAN RELATING THERETO FOR FEBRUARY 27, 1984 . . . . . . . . . . . . . . . . 6 - 6 D CONSIDERATION OF SETTING A PUBLIC HEARING ON TAX INCREMENT FINANCING DISTRICT N0. 5 FOR FEBRUARY 27. 1984 ............................7 � C�UNC6L �tETING. JANUARY 23, 1984 ; � � PAGE 4 CONSIDERATION OF APPOINTMENT OF NEW h�EMBERS TO CITYCOMMISSIONS . . . . . . . . . . . . . . . . . . . . . . 8 - 8 D RECEIViNG BIDS AND AWARDtNG CONTRACT FOR FOUR-WHEEL DRIVE ARTICULATED RUBBER-TIRED TRACTOR LOADER. ....... 9- 9 A CONSlDEP,ATION OF APPROVAL OF A LEASE AGREEMENT FOR THE "A" FRAME WITH SCHOOL DISTRIC7 N0. 14. . . . . . . . . . . . 10 - 10 N CONSIDERATION OF A RESOLUTION APPROVING A SUBDIVISION, � LOT SPLIT, L.S. #82-05. TO SPLIT LOT 18, AUDITOR'S SUBDIVISION N0. 77, INTO PARCELS A& B. THE SAME BEING 7355 AN� 7365 EAST R�vER RoA� N.E.. KuNZ 0�� Co. ...... 11 - 11 D � � � THE MI�IUTES -0F'THE FRIDLEY CITY COUPJCIL MEETING OF - --JANUARY 9, 1984 . , ; ! ; M.� v ��l �9�. • M:I yl�lal 1�. • 4.� �+: �� ! 4 �!.1►. • : �� .: ; '��'��] Z#�e Regular Meeting of the Fridley City Council was called to order at 7:30 p.m. by Mayor Nee. �j.�EDGE OF AI,LDGIANCE • Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. �I� CAI..L• N1F3�iBERS PRESII�: Mayor Nee, Councilman Schneider, Councilman Barnette C;o�mcilman Hamernik and Councilman Fitzpatrick N1II�'BIIts ABSE[�Tr: None • • � L� • M �l i4- � �. ��i 1►. M � _ \. � _ ��',l�� __+ ' � � MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Counci].mzn Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��.0 _�__ 4�: •► • ��: y. � • �_ �� +� • _ William J. Nee, Mayor Robert L. Barnette, Councilmember-at-Large Mr. Irnnan, City Clerk, administered the oath of office to Mayor Nee and Councilman Barnette. Councilman Barnette stated he was pleased to be back on the Council for another term. He stated he was proud to represent Fridley and its residents. He stated he felt the residents would see a lot of good things happening in the City, as it moves and progresses, and he was glad to be a part of it. �• � �► • • � � � � • • ► �� r�__ � �� i a►� : : , : : �� ,� �+��_«� �� : y� :: • � Dr. Qzuck Boudreau, Director of Parks and Recreation, introduced Mr. Arlen Wittrock and Mr. Dick Kuyath of the FMC Corporation, who wished to make a presentation to the City Council. Mr. Wittrock presented the City with a check f rom FMC Corporation in the amount of $25,000 for the Fridley Gomnunity Park project. He stated, in the next two years, the City will also receive another $50,000 for a total of $75,000. He stated he felt it is a good example of City government and a corporation working together to improve the co�nunity. Mayor Nee stated the City was very grateful and thanked them for their generous contribution. ��i %i► _. fL� ��. � i +t e �J � ' ��' •� • ¢!I.'M�I�� .=H The follawing two items were added to the agenda: Receiving Bids for the Repair of Well No. 11 and Consideration of a Resolution in Support of Blaine's Application for the Location of a Racetrack in their City. MOTION by Councilman Fitzpatrick to adopt the agenda with the above two additions. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. •'�� 3�i�1�1 � ��C Ms. Wyrm Gubrud, 1445 North Danube Road, stated at the last meeting she raised questions about the City's four-prong program regarding the possible location of a hazardous waste processing facility. She requested another response from the City as she hadn't heard the entire answer at the last meeting. Mr. Qureshi, City Manager, stated, as indicated before, the City is taking a four-prong approach. He stated the City Council had a f irst reading of an ordinance which provides controls on any possible development of a hazardous waste processing facility in the City. He further stated the ordinance has been directed to city co�nmissions for review and, hopef ully, will be coming back with suggestions for adoption by Council on the f inal reading. He stated the City is still proceeding with the court action for a judicial review. Mr. Qureshi stated leters were written to all the communities receiving their water supply from Minneapolis. He stated, other than Minneapolis, there hasn't been any support fram the suburban co�nunities. Mr. Qureshi stated the City is actively w�orking on trying to promote the development of properties that were designated f or hazardous waste processing facilities. He stated most of the property is owned by two railroads and recently one railroad hired a major real estate company to promote the sale of that property. Mayor Nee stated he would be contacting the new Council in Minneapolis and ask for their support and offer to provide testimony. He stated to Ms. Gubrud that he would send a copy of his correspondence to her. Ms. Gubrud asked if the City knew the purpose of the Waste Management Board's public hearing on January 16 at the State Office Building. Mr. Flora, Public Works Director, stated this hearing is to receive testimony on the Board's plan which outlines hazardous waste problems and the handling of these problems. He stated the doctmient identifies waste in the State and focuses on haw the State wants to handle the problem. He stated the f inal result is the actual disposal of the waste. He stated one section of the dac�mient applies to all waste processing facility sites, however, it is a broad contact the State should look at as a plan for disposing of hazardous waste. ��.1�. _ ��._�+ ��. • IL�I .� C� ' ; ' • � 1 ►L_ '�N •C�_►f��. ►� •. •� �! _�. . �_ � k�� ►� � ��1� ��i�_� �\� �� \�� : : ►. _ �. .� � �� +ti 1�� • + • � ' ' _ • • • • - • - - • • -.• • • • • - • •. • .��• • - - • • -.• • • • •- • • • - • •-• • • - • - • • • - • - • • - • - - •- -• - • • -• • • �1� \�,lM + • ' � • � �i � _ � � � �1� � _ � �� _ �1 : \ _ � «� . • �. �, �1� ' �1� � .91� .� _ �� :\I� ��i� � �! _ � �_' \M : �I� � _' i �, y�l • � �J.��y_'s ' �l\ �I� ' �il � __� \ �+ �\+ : �4 Mayor Nee stated it ap�pears the ordinance cbes not exempt solicitations by athletic organizations and political organizations. Mr. Jim Hill, Public Safety Director, stated it was the intent to exempt them from paying any fees tmder Section 14.06, although there is no mention in the ordinance of athletic organization. He stated what the ordinance is attempting to do is control the "fly-by-night" organization that come into the City and leave hastily after their sales. He stated it is his assumption charitable organizations would include boy and girl scouts, Campfire, or athletic organizations. Mr. Inman, City Clerk, stated athletic associations would be interpreted to be exempt. He stated they wnuld still have to come in and give them a list of names so when the City receives any calls, they can verify they are a legitimate operation. Mr. Hill stated most of the legitimate organizations register anyway so �his covers persons collecting for charity. MOTION by CounciJlr�an Schneider to waive the second reading of Ordinance No. 797 and adopt it on the second reading and order publication. Seconded by Counci].man Barnette. MOTION by Councilman Schneider to amend the ordinance by changing Section 14.06, Item 1, line 8 by eliminating the word "or" between the words "patriotic" and "philanthropic" and inserting a con�na after these words and adding the words "or otherwise non-profit" after "philanthropic". Further, to amend Section 14.06, Item 2, line 2 by eliminating the word "or" between the words "patriotic" and "philanthropic" and inserting a comna after these words and adding the words "or otherwise non-prof it" after "philantropic". Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE W'I'E TAKEN ON �iE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 3. 4. 5. ��J�, � ��M�. • �� _: :� . . �l�. !�! :�- ' �f �. �i 4 _�/ • � �� yi • � u �l ��!_. • � _ M�±�I: __; • : MOTION by Councilman Hamernik to receive the minutes of the Cable Television Conunission meeting of December 15, 1983. Seconded by Council.m�n Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� ; _ � • • • + • �� r= • � �� ; ►�� k� �M • � �� • �� : _ � � �r� a_ • � Councilman Schneider stated the group of Cities and Counties for Cable has done an excellent job of organizing the cities and counties throughout the country to help with efforts to oppose legislation deregulating cable television. Councilman Schneider stated the City of Lakewood, California has been extremely active in this endeavor and cities have been asked to help support them in their lobbying efforts. He stated if Fridley were to join, a contribution of $1,000 was requested; however, staff has recommended a contribution of $300. Councilman Schneider stated he felt they should be supported, as Fridley is in agreement with their position. He felt the City may save some�money in the future if they can lobby for deregulation of cable television. It was the general concensus of the Council that some support should be given, as it was felt this was in the best interests of Fridley also since they have been ivolved with cable television for a n�unber of years. MJTION by Councilman Schneider to support the Cities and Counties for Cable Deregulation with a contribution of $300. Seconded by Councilman Fitzg�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. mtsSrDERATION OF CiTY OOUNCIL APPOINIMENI'S R� DIFFERENr AGENCiES• MAYOR PRO TF�i • Councilman Barnette nominated Councilman Hamernik to serve as Mayor Pro Tem for 19$4. There being no further nominations, the nominations were closed. MOTION by Councilman Barnette to cast a unanimous Hamernik to serve as Mayor Pro Tem for 1984. Fitzpatrick. Upon a voice vote, all voting aye, motion carried unanimously. : �� • !e a�� _�. �� • �� a�� . ��. _ ballot for Councilman Seconded by Councilman Mayor Nee declared the MOTION by Councilman Barnette to continue to have Councilman Schneider serve as Representative to the Anoka County Law Enforcement Council. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. (nTTNC'TT, MRFTTN� OF JANUARY 9. 1984 P�� MOTION by Councilman Fitzpatrick to rnntinue to have Councilman Hamernik serve as an Alternate to the Anoka County Law Enf orcement Council. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �t�TRBAN RATE_ AL1�i0RITX• MOTION by Councilman Fitzpatrick to have Councilman Hamernik serve as Representative and Counci7man Barnette as an Alternate to the Suburban Rate Authority. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Council.man Fitzpatrick to appoint the same representatives to the various agencies as were appointed in 1983, as follaws: rv�� SiiRiIRRAN S�1F•R S��CE BOARD: Counci]man Barnette appointed as Representative; Councilman Schneider as an Alternate. necnr�TION OF METROPOLIT�T MUNICIPALITI� Councilman Fitzpatrick and Councilman Hamernik. "CF�L DISTRICT #14 QOMMUI�TY SCHOOL ADVISORY C'�L IL: " Counci]man Barnette. �c'r-� DT�TCT #13 REPRFSEI�TI'ATIVE: Councilman Fitzpatrick. RFCET��TIti LTST OF �'II�'IISSION MFMBERS V��E TE1�1 IXPIRE APRTL 1 1984: MOTION by Council.man Schneider to direct staff to poll Commission members whose terms wil be expiring April 1, 1984 to determine if they are interested is serving another term and research the attendance records for those interested in reappoint7nent. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO 1 1984 DESIGNATING DIRECTOR AN� ALTERUATE DIRECTORSQ cr �r tut�AN RATE Ai]THORITY : MOTION by Councilman Fitzpatrick to adopt Resolution No. 1-1984 designating Councilman Hamernik as Director and Councilman Barnette as Alternate Director to the Suburban Rate Authority . Seconded by Coun�ilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. R�� T""'TON I� 2 19$4 DESTGI�TING OFFICIAL DEPOSITORIES FOR TuF. �ITY OF �� MfJTION by Councilman Schneider to adopt Resolution No. 2-1984. Seconded by Councilman Barnette. Upon �a voice vote, all voting aye, Mayor Nee declarec] the motion carried unanimously. �•� J+l _ �' � �+� • ' �I �� 1� � • • � f � � � � � . � • ► � � ' � ' � ��_ �, �► • � ►� 1• ' �' ?�� 4.� �_�• • � , MOTION by Councilman Barnette to adopt Resolution No. 3-1984. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. +_ � . � � , � ' : ' � h��' �. I : �I� �� I�i: �1; • •�i 1�. _ �!__ �. M�JTION by Councilman Fitzpatrick to adopt Resolution No. 4-1984. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • ; • •► �• ':� �� ► . ,��: � ._ ,•� • �! �� _ �� +.i � : •� •_ �a: .i�: �, �� 4.�- • �, _ • ,�� _ � �� :� �� MOTION by Councilman Schneider to adopt Resolution No.5-1984. Seconded by Counci]man Barnette. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ; • •� �.• • '�� •�� : � ': �r �. . .+ . _; •► ��, � �!• �. • ,1 �� y.� :3� �I: _ � ' �1� /��! sJ► `;.� } � `11 • ; , Z4�e Council discussed the extension of 66th Avenue which was cavered by this resolution. It was felt including this improvement in the resolution was probably pre-mature, and possibly a plat should be submitted before considering any extension or improvement on 66th Avenue. Mr. Qureshi, City Nlanager, stated there is a proposal before the school board by Mr. Brickner to purchase Rice Creek School to develop a single family residential property. He pointed out the resolution would provide the process for the hearing and get persons in the area to come in for their input. He felt the hearing for the improvement and plat could be considered at the same time. Mr. Qureshi stated if the Council felt it was too early to act on the road improvement, 66th Avenue could be deleted fram the resolution. MOTION by Councilman Schneider to adopt Resolution No. 6-1984. Seconded by Councilman Fitzp�trick. MOTION by Councilman Schneider to amend this resolution by deletion of the improvement of 66th Avenue from its present end to Arthur Street. Seconcled by Councilrnan Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE WTE TAKEN O�N ZHE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ��.1�. _ ti_?!� N.. • ��t -_ �� _�� .� �\ ,� �i' i �_►. y�� '�� \i� � ��► i�� i _\, t�� .I��. •, y.� _� • y.� �� «_��• _� u':• /__�_►M : ly_' �.�� a� �� ' C!� � �+ � � ' Mr. Flora, Public Works Director, stated this project covers the construction of MSAS streets. He stated, with the development of Johnson Printing, it is suggested 77th be improved between the railroad tracks and Main Street to provide improved vehicular truck access into this property. He stated it is suggested an improvement be made on 73 rd Avenue f rom T. H. 47 to Central Avenue, and this woulc] provide east/west access to the community park. Mayor Nee stated if there was objection to the improve�ment, if thought has been given where else the funds might be used. Mr. Flora stated he felt the improvement was justified. MOTION by Councilman Barnette to adopt Resolution No. 7-1984. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. �IISIDERATION OF A RE.SOLiITION ORDIItII� PR� TMTKA�y PLANS. SPECIFICATION� At� FSTIMATES OF THE OOSTS Tf�RDO�' • inTATER & SANITARY SEWER PRO,7EC_ �# 145 : MrJTION by Councilman Schneider to table this item. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� . • � • ;_ � • ► � � � �. ,i � � � _ ►:� : �� ; �� _ � Q � 1� *�C �. � ► y�l 4 • �4__� � y.l �� \� �C 4 _ �, � _�� ' \ ly�' C��1��'��J�� ,l� �!_� �►�� .�� * � ��_� �.�� MOTION by Councilman Schneider to table this item. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION N0. 8-198d ORI�ERING PRETTMINARY PLANS. �PECIFICATIONS AND �,STIMATES OF THE QOSTS THEREOF STFtEET IMP�'�'^F'�' p�� ST 1984-2• MOTION by Councilman Schneider to adopt Resolution No. 8-1984. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. t�i� . �� • •�. �� \. �� _,i� � y�� :.\�� i \. i �� :I__�_� _ �. • � 4 +�' �� • y.� �� • 4 • � • ��; V• � u ' : • �__� _ �.M_ + 1�' ��1�� . �� • ; . � • • • - •- • .��• - • • • ':• • •-• • � •• • - • • . • -- •- -• - • • -• • . �1, � �1• • • � • ; • •• _ � �. � ��_ �ll�: �1; �� y��- ' «_ «C . � .s �� ,I�1� � �9; 4 4�1�� _ � ' � � • �� •� �� _��_ : ,I� yi � s�� i .91� �� _ � � : � + � � �±4i_ �+ �J►� �� t�l • • . . � - .- • .... . - •• � - �OLINCIL MEETING �F JAN[IARY 9. 1984 PAGE 8 Advisory Conanittee. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani.mously. Councilman Barnette nominated Councilman Fitzpatrick to serve on the Citizens Task Force for the RC,%lD. 'Ihere being no other nominations, the follawing action was taken. MOTION by Councilman Barnette to cast an unanimous ballot for the appoint7nent of Councilman Fitzpatrick to serve on the Citizens Task Force for the RCWD. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to table the ap�ointment of a citizen to the Citizens Task Force for the Rice Creek Watershed District. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. CO1�lSTDERATION OF EXTENSION OF ANIMAL �NPRACT FOR 1984: Mr. Jim Hill, Public Safety Director, stated this will be the third time an extension on the animal contract with MAPSI has been requested. He stated MAPSI's proposal reflects a moderate increase in fees f rom 1983 to 1 984; the most significant increase would be in the patrol service. , Mr. Hill stated MAPSI has served the City w�ell over the last several years and felt this continuity is worth continuing their contract. MOTION by Councilman Barnette to continue the contract with MAPSI for animal control services for 1984. Seconded by Councilman Schneic3er. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17.1 $�CEIVTN(' RTD6 AI�ID AWARDING �NrRACT FOR THE REPAIR OF WELL ND 1� • Mr. Flora, Public Works Director, stated a total of four bids were receivec7 for the repair of Well No. 11. He stated the law bider was Layne Minnesota with a bid af $23,944, and it is recommended the contract be awarded to them. MDTION by Councilman Schneider to receive the bids for the repair of Well No. 11 VENDOR BID �OAID �TAL Q06'!.' Layne Minnesota 5� United Pacific $23,944.00 Reys Well Drilling Cornpany 5$ Capitol Indemnity Corp. $32,763.00 IIi Renner 5$ Surety Com�any $28,000.00 Bergerson-Caswell Inc. 5$ St. Paul Fire & Marine $27,615.00 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Motion by Council.man Schneider to find that Layne Minnesota is the low ��.1►. M� -� ��. • • �� .: : . . .,0 bidder for the repair of Well No. 11 and award the contract to them in the amount of $23,944. Seconded by Counci].man Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �_�• . � • � � � � • : � � �� :� �, y,i !- _ • ► • : : � �. ► . � • : ►i Councilman Schneider stated the Council has been asked by the City of Blaine to consider supporting their bid for location of a metro-area racetrack in their city. He statec3 he felt the Blaine proposal is pretty sound and, at worse, it has no affect on Fridley and would probably help the retail and business establishments. He stated he couldn't see any reason not to support their request. MOTION by Councilman Schneider to adopt Resolution No. 10-1984. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. «i�� MOTION by Councilman Barnette to authorize payment of Claims No. 335521 through 004S42. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . ' M�� MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Herrick & Newman, P.A. 6279 University Avenue N.E. Fric3ley, N�] 55432 Invoice No. 2098 of January 4, 1984 Legal Services re: Johnson $1,650.00 Invoice No. 2099 of January 4, 1984 Legal Services re: Shear $1,650.00 Popham, Haik, Schnobrich, Raufman & Doty, Ltd. Washington Office Suite 802 Washington, D.C. 20036 For Professional services rendered for the month of December, 1983 $ 184.60 Schwickert Fire Protection 221 Minnesota Street P.O. Box 487 Mankato, NA1 56002 FIN�1L FSTIlNATE Civic Center/Fire Dept. Sprinkler Syst�► $ 970.00 �i.J�. _ ��- �• • ��t � �+ . . ; , (Estimates Continued) E. A Hickock & Associates Inc. 545 Indian Mound Wayzata, NII�T 553 91 Moore Lake Restoration Project I $ 364.20 Moore Lake Restoration Project II $1,900.53 Professional Services for Nove�nber 1983 '•h � . $2,264.73 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� .a�� 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 Regular Meeting of the Fridley City Council of January 9, 1984 adjourned at 8:40 p.m. Respectf ully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee � Mayor 6 . . - - --- - --- --- - ---- - -- ----- - - - _ _ ,� :_ ..._ __ — - _ __ . . PUBLIC HEARING BEFORE THE CITY COUNCIL � Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue N�rtheast on Mbnday, January 23. 1984 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration af renaming llth Way and 79th Way lying betwen Main Street and the railroad tracks to 77th Avenue and 79th Avenue N.E. These avenues run generally in nn east- west di�ection and all other numbered streets between Main Street and the railroad tracks are called avenues. Anyone desiring to be heard on the above matter, may be heard at the above time and place. Publish: January 11, 1984 January 18. 1984 J d WILLIAN J. NEE MAYOR 1 MAILING LIST RENAMFD 77�H Wl�y Christy's Welding b Mfg. Co. 13 77th Way N.E. Fridley, Mn 55432 Tempo Enterprises Inc. 15 77th Way N.E. Fridley, Mn 55432 M. B. Novack 21 77th Way N.E. Fridley, Mn 55432 Andy's Rhode's Lock & Glass 39 77th Way N.E. Fridley, Mn 55432 Rycoline Midwest, Inc. 51 77th Way N.E. Fridley, Mn 55432 OEM Sales Corp. 61 77th Way N.E. Fridley, Mn 55432 lA City Council January 10, 1983 18 November 16, 1983 Dear Fridley Business: This letter is to notify you of the City's intention to rename 77th Way to 77th Avenue east of the railroad tracks. Your business will be affected by this change. This action is necessaty to bring about street name consistency throughout the City. Every east-west road aest of the tracks vill be a"Way" vhile all east-west roads East of the tracks will be an "Avenue". This consistency will sid the efforts of police, fire and other emergency actions. The City will vork with the Post Office to allow your business to change to the new street name through attrition. (i.e. Still deliver mail addressed to the old street address and also allow you to use up existing paper supplies with the old street name.) If you have any questions regarding this matter, feel free to call me at 571-3450. ext. 159. Sfncerely, / / ' �' _ . ohn G. Floza �-�� Public Works Directoz i' � .- � - � ; . . � � _T - � , ._ ..Z � . 1 ,I`,� � ! � 1 C • `- �•'�I� � � � ; • . 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'�9 _ �• 24 9 ', 9 Z4 . 9„ 183 �" �!� - � � � =_?S y /O : � S �O Zs � � � ; , _ �* � t � �� -_ 2 � �� ' / � Z � s'\/ i X • 2 � � /? �. . p?.- : � ��.�► - � � � % � 1 �� V �4 P _ � %3 � 3�� :� =� ' �� . � a ; � ^�_I g • � 29. � • _ /' ' �, e ; � � .s� Q , : � ;s �; �0 3a -: ,:� : c� : . , ., • � p►� c� -,ti•.� u �...�.�.� .+.. • � . . elr...� � _urr► _ � �`.� ldTH�'ti",'t,.�. mIENUE � N.E. � � OI + � � � �1..! . Gt . �� r � �J�. � K h � • . �� '�1 1 � i • .� � � 6 � s.�/ � � . - _ 1 � =w/j r" •� Z 2 / � ` � Y •f' _--� -�, R� - �'- 3 + . , 3 , i �' � : � � � �Q = %� �9 = '¢ � .� - ' ro • s = • - � � + � 77 9S 7770 � ' � l ` ''� ' � = I/ 6 � i � = � � , . .;� — . _ _ . R � • ? Zr % ZZ 7 -1fttN ' ' - �'tw/ - `� � � � � V '� . , g�- � 2 � 8 ~�� W � ` � � , ` s , , ' . � W 2.� :�`$ . . ' .� - 9 770�--03 7702 � � � � • �c s W • 2J : ` i4 � : IS i �� ' � � � \ �� D . �l % � : �7L �y`� . // � W . 26 � � �� r � � •f � ` � v a Ar �. � w w i�1.! N� f i!• ` is.r. s /!V ! � Y� :, � ; � r � � i � � " ta � . / 7 ' � � 3 �• i' ��h1 �1 sr Ec L, , io , �''� ;�' _ .� � —.ZZt K ' .�cdi � e SE t� N� .Iir /•JV i.f-/ 't'' �Ir 1�f •LI /� � ORDDiANCE xo. - �9a� AN ORDINANCE ADOPTZNG A NEW CHAPTER 101 ENTITLED "ANIMAL CONTROL" AND REPEALING OLD CHAPTERS 301 ENTITLBD "LIVESTOCB CONTROL"� 302 ENTITLED "AHIMAL CONTROL", AND 303 ENTITLED "iiII.D AI�IMALS AND BIRDS" OF TAE FRIDLBY CITT CODE II�1 THEIR ENTIRETY THE COUNCZL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOiWS: 101.01 DEFINITIONS The folloWing definitions shall apply in the interpretation and application of this Chapter and the following �ords and terms, wherever they oecur in this Chapter, are defined as follows: 1. Animal. �verv �i� living creature gxcent the h�man race. �1��6E�xi� 1S� �6i,id 2. Animal Control Officer. Any individual designated by the City to enforee the provisions of this Chapter, includin,g all City police officers. 3. Animal Shelter. Any premises designated by the City for the purpose of impounding and caring for animals held under the authority of this Chapter. The facility may be owned by the City or may be a contracted shelter service. 4. Animal Tag. A tag provided to individuals Who are issued a permit to maintain an animal. .- • � ♦ - • u � • � � ' • - - • . - ' � ' � - - � ' • • � . } _ i - • • • - • - - • - - • � - . � • � - • u • - n • • - • _ � b. Cat. Any animal of the feline speeies. 7. Crueltv or Torture. �serv act omission or neg�ect Whereby unnecessary flr unjustifiable oain. �ufferirur or death shall be caused or nermitte . z Definitiona 101-1 8. Dog. Any znimal of the canine species. g. Kennel. Any place Where three or more dogs or three or more cats are kept on the same premises. A fresh litter of nu�s or kittens m�,y be kent for a oeriod y�' QiY (6) months before beina considered in �hP �p+pTminatiOiS of whether or not a kennel exists. 10. Livestock. Horses, cattle, goats, rabbits, sheep, swine, fowl, and other animals used for utilitv. 11. Permit. The authority to keep an animal dt xn� �t�t►i�IE ��Et�E� xithin the City of Fridley. 12. Fet Shop. Any person� partnership or corporation engaged in the business of breeding� buying, selling or boarding animals of any species. ;..-� • ' • 1 - - } � - 1 u - 1 • ! : f - 1 u • - - u n• - • .}• • �- • -1. u' .} ) - - •.�_' • • }- - - • ! � • • 1u. Veterinary Hospital. Any establishment maintained and operated by a licensed veterinarian for the diagnosis, gare and treatment of diseases and injuries of animals. • i: ��- � }' - �' � -"'i--• ' ' �- �� 101.02. WII.D ANIMALS A1�TD BIRDS It shall be unlaWful Por any person to hunt� take, shoot, trap, kill� injure or attempt to injure any Wild animal or bird xithin the City oP 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 ro h the use �� D; Doisons or other such lawful means. 2A Wild Animala And Birds 101-2 i01.03. LIVESTOCK CONTR�. 1. License Requirement. No person shall engage in the keeping, raising, feeding or caring for livestoek xithin the City limits of Fridley Without first having obtained a license to do so. tt�iQt �t�[!i �[dxd xri� xt��klt� �� tEE �t� ��E��t��d k1¢t�t�i. 2. License Procedure. A. A license to keep livestock shall be granted only after xritten application, signed by the applicant, is filed xith the City. The application shall state the applicant�s full name and address, and contain the number and species of the livestoek to be kept and a d��5x�[b�i scaled site Dlan of the premises shoWing the adjoining property and fence lines. B. The Council, in considering Whether a livestock license should be granted, shall revieW the application and site plan to consider the nature of the livestock, the possible effect on adjoining properties, housing facilities, sanitation control and the effect on the general health, safetv and taelfare of the public. C. Any person keeping, raising, feeding or caring for horses, cattle� goats, sheep or sxine shall provide no less than one (1) acre of open, unused land for each animal. 3. License Fee. The annual license fee and expiration date for a livestock license shall be as provided in Chapter 11 of this Code. 11. Manure Removal. Persons Who keep animals xithin the City shall not a11oW any odors �hich are offensive to the people inhabiting the City such that thev cons�it�te a �1,u{ sance as defined in ChaDter 110�, P*+t { t� P� "Public Nuisan�e"� of the Citv Code• Organic matter shall not be a1loWed to accumulate for more than one (1) xeek at a time. Hoxever, organic matter shall be removed more oPten than one (1) time per �eek if it is necessary to eliminate any odors �� constitute a nuisanee. 5. Housing. Proper housing ia the form of barns, coops or hutches shall be provided in any area Where livestock are permitted to roam. Sueh housing shall be adequately feneed to insure that the livestock remain on the oWner's premises. When livestock are kept in an area that abuts or ad�oins a residential area on which dWellings are erected, there shall be a atrip oP land at least thirty (30) feet Wide betxeen such abutting property and the area on Which the livestock are kept. Z �s Livestock Control 101-3 6. Inspection. Any authorized Animal Control Officer of the time� be permitted upon the premises �her purpose of making an inspection to determine ,tA�t,[ON�I A0� �R1��1G City shall, at any reasonable e livestock are kept for tihe compliance With this Chapter. �,t �Y,�X I�S� �lrlX��ItdZ td� d�t t�E��d�l Ei�}7ZEl�i �f 1fBI ��`� bt t�� d� �bX�E� dt tbr� ZKE ��`�fix� dt gd�i��t��i� ,dt �trit �E��dd�i �riQ�t �i�YiZlEr� ,(�tBi fE��`� �t �� 4?id d�4�ifi,� ntit"l��t� l�' Itkk�� d ad� xb �XId�4 ��l�x Ad� f:b td�i d1G X�t� ��i xK� l�iZyl zx,� �� ar xx� ,e�� t,��x,��r�r�x �r�� xx�� E�x��. 101.04. ANIMAL NUISAI�ICB For the purpose of this Chapter, any d6� �� t�x animal nuisanee shall ��t ��j�R� z� �.t��j�Z�zliiz� S( ��(l�i�,t� i�YjE1� �v{ c*_ »nAr+r anv ef the t'0110 IIQ conditions• 1. The e2�� 16t` ��lx �Ili��l is not confiaed to the oWner�s or custodian's property by adequate fencing or leashiag. 2. The dd� d�` �l�x �3�,�1 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 �d� dt �t�x an animal is in a motor vehicle. 3. The �d� dt ��x �i�,1 commits damage to the person or property of anyone other than the owner, or creates a nuisance, Aa def{ned in this ehap�gL or in Chanter 110, entitled "Publi� Nuisance" of the Citv Code, upon the property of one other than the owner. This provision is not applicable �hen the d�g/ �t R�tx �3:�im31 is acting in defense of the oxner, the owner's family or the oxner's property. XL ?Hk ,6�6�I��" dd�� idz ��S�i� zN� bl�Xi�z�01i d�l1 t��f5�i��}Silixt i�kQ�t�Ed �bt CiZ� �b�� ,d�' d6k�4 �'ibZ ��k�l E�lx �Y�YI A�� bt k�Z t�b� �6�ddixx�t� �t�lf �l�x �n��n ,��x�xz�x�� ti��d�i�E �� EEftzi�d K��E��. 4. A female Q�� dt �l�x animal is in heat �d.off the premises of the oWner, unless confined While being transported to or from the premises of the oxner. This provision is applicable When a female d6� dt kttx �� i$ in heat and is on the premises of the oWner� but is not kept in a building or secure enclosure Where it cannot be in contaet With other males of its kind� exeept for planned breeding. 5. The d6� �t` ��L animal barks, hoWls, eries or yelps so as to unneeessarily disturb or annoy any person or persons in the vicinity thereof, �t �i5.t�ri �,�[d�z ttEq�l�ix� ��0� �t`�d�1�� t �dl��,t� 1SE��n��! QL otheri,ise emits a sound that constitutes a nuisance as defined in Cha�ter >>� pn*�*.�P(� �publie Nuisance" of the Citv Code. T LJ zc Animal Nuisaace 101-4 6. The E6� 6X� !�z �im�l pedestrians, automobiles, on publie streets, alleys, chases vehicles or otherWise interferes with bicycles, motorcycles, motor bikes or snoxmobiles �tPY�1ud�, �ronerties or highwaqs. 7. W�ere re�uired, the QQ� dt l�.x �F�ID�I has not been vaccinated against rabies Within the preceding tWO (2) years. 7,r Tn� a�� xzb�� . e�� z za �x��z b� ��r �,�t ��at� �t a�x �k��6�i �� rldx dr! ZKd ��d��fGt 1Sf xH� dri�� xbAt��i. Bl ��i�tt ��i�k�t�f!E�kd d�� d�id ��iEtf A�� ZH�x �d�'1� �x Id�� bt ��tkl�E� ll��id�� dt �ibi�� i fidX�(xib�i bt xYik �fd�i��d2'i� bt xK�� Atdt�i�:�'i�E �d �[t! EE�Z�t�l1 d �i��E. 8. Three (3) or more dogs or three (3) or more cats, A* �Past six months �'�,g� are kept on the same premises, unless a kennel lice nse is obtained in the appropriate zone for that use and the requirements of Section 101.15 are complied With. 9,r �� a�e�,� �r�t a�� ar� ,��x �r�xx�r� xx� n��er�e� ar zn� ��zt �t FtidXEtl • ; � � - ' • } - _ } - - � i - • _ - • • • ' • } - � _ ' } • • _ t � - - • � 1 • - - _ � - } : - _ • _ _ - . 1 • • . ! � } -, � • - • -'• •�. � � ••• • } - _ _- } 1- 1- _- • t � • - - - / I ;} •- -•� �. /• �- - •� • •} • • .} _ u. ••-- }• -�1 • • �- _� u_ _�• • -�•�- • _ } } -_� _ u_}}- � ' • � } - 2 - ' • • • • � • • _ � : } u � • • - - - - • � } ' • • • � ' • _ � • - • � ' J - } � - • . t . 1 - 1 • � ' • , • � � : � • : � • - ' • I } - � : f ' ' • � • •} • • _} :� u_ •�-� �• uu-• -u• =./ • 1 u. _}• • -�•�- • t --/ �-1 - u�1 • ••- }• }. - � • • ' • } • - • - • � u - } • _ � � � - � } : _ • . � • - u • • .� i�. - - }_ � • •�� • � - • � -�_ �• : �• • _ _ � - •�• •u�-� �• • �• •- �•} • -- - 101.05. DOG REGISTRATION 1. Permit. A. No �erson shall own, keep or harbor any dog over the age of six (6) months within the City unless a yearly permit xn��'t�t has been secured. Permit certificates shall be issued by the City upon proof of rabies vaecination Within the preceding tWO (2) qears. If at the time oP initial registration, a dog is due to be vaccinated xithin the next aix months, a neW vaccination t�ould be required before a permit is issued. Issuanee of aeW permits for the license year shall commence as set forth in Chapter it of this Code. In April of each year, the City may publish notice in the officia.l neWSpaper of the need to pay such permit registration fee. � �g Registration 101- 5 B. The applicant for permit must sign and agree that he or she is prepared to comply �ith regulations established by the City. It shall be the duty of each person owning, keeping or harboring a dog to psy the permit fee established by the City on or before the f irst day of the permit year, or upon establishing residence in the Citp. Upon payment of the permit fee, the City shall execute a receipt in duplicate, the original of Which shall be delivered to the person Who pays the fee and the duplicate retained in the City records. As a minimum� the receipt shall deseribe the dog as to breed, age, color, oWner and owner's address. C. No permit shall be required of any humane society� veterinary hospital or laboratory. 2. Tag. A. In addition to the permit, a tag, the shape or color of Which shall be different for each registration year, shall be issued by the Citq. The oxner shall affix the tag, by a permanent metal fastener, to the collar or harness of the registered dog in such a manner so that the tag may be seen. The o�ner shall see to it that the tag is constantly xorn by the dog. In case any tag is lost, a duplicate may be issued by the City upon representation of a receipt shoWing the payment of Lhe permit fee for the current year. A charge, as provided by Chapter 11 of this Code, shall be made for each duplicate tag. B. It shall be unlawful to counterfeit or attempt to counterfeit a dog tag b� Z�KE t�d� ��'l� E�g d Z�� X��II� pZ��d Yi15fS�i Zx ?5f ix� b�tiEt �6�xYi zn� ��z��z x� �x�,�� x ��at� sr��zn�� a�� a,� za �x�� ,�x z�g ��t� �idznE� d�'l��d�X or remove a vai i d taa for anv nuroose. C. Dog tags shall not be transferable and no refunds shall be made on a permit fee because of leaving the City or death of the dog. 101.06. REVOCATION 1. An animal permit may be revoked if: A. The person holding the permit refuses or fails to comply taith � r�ovis'�ons of this Chapter, any other regulations promulgated by the City or any state or local laW governing cruelty to animals or the keeping of anima2s. B. An owner fails to provide the animal With ��itf�[!`.i��lZ �6�d ttfid �6�S�Z¢��5�� necessarv food, Water, shelter, �t�1!�k,t��i tt'�� x�� l6�ttxl�Et veterinary care and humane care and treatment. C. An o�rner overdrives, overloads, overworks, tortures, ill treats, torments, nealects� or uniustifiablv ia,jures maimsa m»t{iates. or crLeily �aorks an animal When unfir for labor, or otherWise abuses any animal. 2E Revocation 101-6 _ . _ '.____-- -- �- -- _- . • - D. An oxner causes or permits any dog fight, cock fight� bull fight or other combat betxeen animals or betWeen ani�als and humans. E. An oxner violates Lhe terms of this Chapter three (3) times Within one (1) permit year. - 2. Any person Whose permit is revoked shall� Within fifteen (15� days� remove such animal(s) permanently from the City or humanely dispoae of the animal(s) cited in the violation as being or�ned, kept or harbored by auch person and no part of the permit tee shall be refunded. In addition� the owr,er may be liable to oourt action under this Code� State Statutes and local laxs for any of the actioas cited above. 3. If a permit is revoked� no ae�r pe�it may be issued for a period of oae (1) year froa date the permit is revoked. - 101.07• EXENPTIOHS Section 101.05 of this Chapter requiring a permit and tag ahall not apply to nor�residents of the City Who are keeping only domestic pets� providad that the animals of such oWners ahall be kepL in the City ao longer tDan thirty (30) days and the animals are kept under restraint. T�iE �td�l�did� dt �i�� 2ri��x�t ��t�.Z.ZZ d��Zt irs��t��' d� �EQ��'EtSft'fx� td� �'�[16tE!! �I��Ltf.l��6� d�'k �d�`�E�`�uEE. A1� other p��ision� of this Chavter shall afln1y to �onresidents �jn� Lh�ir �e a. 101.08. FEES The annual permit fee and expiration date shall De as provided in Chapter 11 of this Code. Neutered or spayed animals shall qualify for a reduced permit fee as provided in Chapter 11 of this Code. 101.09• IMPOONDING 1. Generally. A. The Animal Control Officer shall take up and impound any �animala requirir.g permits or tags found in the City Without the tags; or any ani�als xhich are in violation of any of the other provisions of thia - Chapter. Animals shall De impounded in an animal shelter and confined in a hu�ane manner. Impounded animals shall De kept for not less than five.(5) days, including Sundays and Bolidays, unless reclaimed by their oranera. B. If an animal is found at large and the oWner or custodian can be identified, the Animal Control Officer may proceed against the orrner for violation of this Chapter. 2F Exemptioaa Feea Impounding � 101-7 C. The Animal Control Officer may enter upon any public or private premises by Warrant or as otherxise provided by laW xhen such officer is in reasonable pursuit of his or her duties. D. Upon taking and impounding any animal as provided in this Chapter, the Animal Control Officer shall immediately notify the oWner, iP knoWn, and the City Police Department. The Animal Control Officer and Police Department shall maintain a record of animals so impounded.. 2. Claiming an Impounded Animal. A. In the instanee of animals for �ahich the oWner does not have a required permit or tag, the Animal Control Officer shall not return such animal to the rnrner until a permit and tag have been purehased from the City or from the Animal Control Officer. The Animal Control Officer shall remit to the City the sum paid for the permit and/or tag �r�� r xrs� a�r��t n�� r�a �a��r �r t�� r��zt�r�a,� zn� �m�x er �1��tu[��tz��n and furnish the City �aith all necessary information pertaining to said purchase including a copy of any permit certificate issued in conneetion thereraith. B. The owner of the imnounded �nimal at,�ll oav the Animal Control Officer �n�Z� ldd ��0 16� xn� �d��uG�tld d�6�iEt an impounding fee. �ldd tEEd ��0 !��"E tdt E��K �l�t xri� ddg dt' �[rli��I i� ��if�[�Ed iri xYiE 16�ddd . The Animal Control Officer shall turn over to the City any impounding fees received. The City shall place such fees in the gene ral fund of the City. C. If a rabies vaccination is required and the oWner cannot produce proof that the animal has had a rabies vaccination within the preceding tWO (2) years, the Animal Control Officer shall �bi�l�i�ii�xE ens�?re th�t such dog or other animal is vaccinated for rabies as a condition of release to the oWner. The animal's oWner shall pay to the Animal Control Officer the cost of the immunization. D. The o�:ner of the imDOUnded A��mal qt,at� aiso nav the Animal Control Officer Jd�f�IZZ �k ��7[� ld� Z�SE t�i�Si1��Zld ��tl1Et` the cost of feed and care for each day the animal is �6�it1[nEd imnounded in the �Sd�l�id �lLi�1 shelter. 3. Unclaimed Impounded Animals. Any animal Which is not claimed Within five (5) days after having been impounded, including Sundays or Holidays, may be requested and claimed by a licensed educational or scientific institution under Minnesota Statutes Section 35.71• If not so requested and claimed, the animal may be sold for not less than the amount of the total charges acerued against the animal in accordance �ith the provisions of this Chapter. All sums received by the Animal Control Officer, sx�°^* �'�° cost of feed and care and anv y��inations or immunizations administered to the animal, shall be remitted to the City and placed into the general fund of the City. Any animal Which is not claimed by the o�rner, a licensed educational or scientific institution or sold, shall be painlessly put to death and properlq disposed of by the Animal Control Officer., The time of sale or otber disposition of 2G 101-8 the animal shall be at least 120 hours after notice has been given to the animal�s o�ner by the Animal Control Officer. The provisions of notification to the owner do not apply When the oWner cannot be reasonably ascertafned. 101.10. ANIMAL BITES, QBARANTINE 1. Ar�y person bitten or knoWing of a human being lSi[,t Nho has been bitten by a dog, cat, racoon, skunk or other species suseeptible to rabies shall immediately notify the Animal Control Officer or Police Department. Whenever such an animal has bitten any person, the owner or custodian of the animal, n��tr�g �,�er� after beina so notified by the Animal Control Offieer or the Police Department, shall immediately cause said animal to be quarantined at the City of Fridley contract �¢ridEZ t�l�[I�x� anima� shelter or at a licensed veterinary hospital or kennel for a period of fourteen (1�) days after such person has been bitten. During the quarantine period, said animal shall be kept under observation to determine its condition and if it is found to be aick or diseased, the operator of the quarantine facility shall immediately report in Writing to the Police Department and the Fridley Animal Control Officer the condition of the animal. The Animal Control Offieer shall then take necessary steps to determine if the animal is suffering from rabies. 2. During the quarantine period the animal shall not be removed from the designated quarantine facility except by apecial Written permission from the Minnesota Livestock Sanitary Board and the Fridley Animal Control Officer. The o�rner of an animal shall be responsible for the cost of quarantine. 3,,� The quarantine required by this section shall not be necessary and the requirements shall be Waived if the custodian or oWner of the animal, immediately upon �l��x �i xY�� x��E ��i�tl�� IIOLi Fi CSLi OII th� his or her animal has bitten somsone, presents to the Animal Control Officer or Police Department� the certificate of an authorized veterinarian that the animal was vaccinated for rabies on a date not less than two (2) years prior to the date of ��d�Eki n�x�R� the bitinjz. Such animal so exempt shall be quarantined on the premises of the o�ner, under strict control, for a period of fourteen (14) days for the purpose of observation for symptoms of disease. The Animal Control Officer is authorized to conduct a mid-term and terminal examination of the animal. � 4. It shall be unlawful for any person� other than an Animal Control Officer, to kill or destroy any animal found running at large in the City. No Animal Control Officer or other person shall kill� or cause to be killed any animal suspected of being rabid, eucept after the animal has been placed in quarantine and the diagnosis of rabies made. 2 1� Animal Bites, Quarantine 101-9 �p�.��. qICIODS ANIMALS No person shall keep or alloK to be kept tt� �Zd�E in the City any ar�imal of a vicious character� habit or disposition or any animal Wild by nature. Any dog or other animal may be deemed to be vicious upon the occurrence oP tWO (2) or more �S�[��5 bitinp oecurences Within 365 calendar days. ��z zx�� a,��r� �� e�t�r�� ar zx� a�a�r� at zx� ��z�,�t�� a¢�tzt Upon eonviction for the violation of this Section, the Court may in addition to imposition of sentenee� direct the Animal Control Officer to take the animal in Question into custody and forthwith dispose of it in a humane ma ner. xn! �d�k �� 1dE d�t��x�d �� xriE ¢�z� �t Ft��z�� 1Q1.12. COMPLAIHTS Any person complaining to the Police Department that an animal is allegedly running at large or otherWise constituting a danger or nuisanee shall identify himself or herself upon request and shall make every reasonable attempt to assist the authorities in identiiy ing the animal and its ow ner or custodian. 101.13 • !'![1ZZLI�G i�henever the prevalence of hydrophobia renders auch action neeessary to protect the public health, safety and welfare the Mayor shall issue a proclamation ordering every person oWning or keeping ��0� an ar�imal susce�tible �y rabies z0 confine� �x securely on their premises unless it is muzzled so that it cannot bite. No person shall violate the proelamation� and any unmuzzled d�� t]imal running at large during the time fixed in the proclamation shall be immediately put to death by the Animal Control Officer Without notice to the o�ner. 101.14. KffidNSLS 1. License Requiremeat. No person shall keep or maintain a kennel in the City except upon obtaining a kennel�license consistent �ith the zoning requirements of this Code. 2. License Application. Application for a kennel license shall be made on forms provided by the City. Such application shall contain the following information: A. Location, on the pr�ises, of the kennel. 8. Location of structures for housing the dogs and/or cats. If the dogs and/or cats are to be kept primarily xithin the home or other building of the residence oP the applicant or of any other pe rson, the application shall so state. 2I qicious Animals Complainta Nluzzling Rennela 101-10 C. The maximum number of dogs, cats or any combination thereof, to be kept on the premises. D. The distance of any d4S� t`ld�I� run areas or housing for dogs �nd/or cats from any building structures suitable for human habiLatioa, or a public place Where food is bought, stored or eaten. This distance shall be a minimum of 200 feet. E. The premises for any keeging of dogs �2d/or eat� shall be fenced and a simple plan shor�ing the location of fencing shall be furnished. The feneing must be of such quality i�� x� �nd des+Qn so that it vill contain the dogs and/or cats. F. Method to be used in keeping the premises in a sanitary condition. G. Method to be used in keeping the dogs and/or cats quiet. H. An agreement by the applicant that the premises may be inspected by the City at al 1 reasonable times. 3. Issuance of License. The City shall have discretion in determining whether or not to issue a license. In making sueh determination� the City shall take into consideration the adequacy of the housing� the runs for the animals, the method used for sanitation, the method used to keep the animals quiet, the facilities for containing the animals and With particularity, any violations during the previous license period. 4. Kennel License Fee. The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. 5. License Revocation. If a license is granted and the applicant thereafter fails to comply t+ith the statements made in the application or a�y other eonditions reasonably i.mpa�ed, or violates any other provisions of this Chapter� the licensee shall be notified by mail and given ten (10) days to remedy any def ects or defaults. If such condition is not remedied in tea (10) days� a hearing shal� bE Y.eld ?ItxEt` at least ten (10) days $fter mailed notice to the licensee. l�tid The licensee and all other interested parties shall have the Qpaart�nity to be heard. If it shall appear that said kennel is not being properly maintained, the City may revoke the kennel license and the keeping of three (3) or more dogs, three (3) or more cats, or any combination of three (3) or more dogs and cats shall be immediately discontinued. 2J 101-11 7�r ��x��ar�x r.��,�z. �x aK�rz �¢ �r�z��at�z rmt ar�t z�,��r��e� xa a� at �r��z �r�t ,ar zx,� taxz��att�: � uz�,a � e6g za t� ax x�� a� �r�r �z�,��z ,�t ��az�� r�b��xt et- �r�f ��y�z� ��x�► t�z ,�,a�a ��r zxk x�,��r�� a� �a�� xn� x�c��,��e ,�at�ztazt at �czzb� zx� �t,�t�� za �� x �r� �r� z��rs�z�t �r' �x��xzW► ,�Qt�,e�z��t�t �ct a��r� arr�x �a�ez,�. p,r �zz��a zn� e��s at ��z� xa ntz� at e,�r��z,�x �ia� �r��txt a� ar� �tt xx� �t��. �t �zza� � e�� ,at ,��z ze n�tx� ��z� et r��rsz �a s� xb e��z�.t� zx,� ��r��r�n6�d ,��zrs�,� �z ,��xz �r� a�tt� zx� e�tz�� at axx��►at�e ��t�z�cx�ze � �,e�� a�r�r��e ir� ex��z�,� �rte� �rsztzxEe rr�nz�� l��i��1�E1� bt zNk �C�z�i �6d�. F! l�.��iz�td d Q�� df ��z �d �d �b �t�t�x� d ti�1i��'L6E !St t��t dt �� dd6�` �6� QxH��6t�E� d� d�ft�iE�d ��! lH��z�t 1101 ��x�xXEd f?�llSz�k �a�t��,�r at xK,� �ix� t�a,�. 101.15. AI�IIMAL CONTROL OFFICER 1. Appointment. The City may appoint such person, persons or firm as the City may deem necessary and advisable as Animal Control Officer. Such appointees shall Work under the supervision of the Fridley Police Department and shall be responsible for the enforcement of this Chapter. 2. Duties. Animal Control Officers are authorized Chapter and other related ordinances, animal control, including the issuance 3. Unlawful Aets. to enforce the provisions of this Chapters and statutes pertaining to of eitations. ~ It shall be unlawful for any unauthorized person to break into an animal shelter, or attempt to do so, or to take or set free any animal taken by the Animal Control Officer in the ��d��(�Sk! enforcement of this Chapter, or in eay xay interfere With� hinder or molest such Officer in the discharge of his or her duty under this Chapter. 2K Animal Control Officer 101-12 10i.16. GUARD DOGS 1. Businesses located Within the City and maintaining a guard dog for security purposes shall post notice at the entrance to the premises Warning of the presence of said dog. 2. Businesses maintaining a guard dog shall file with the City a release authorizing the police or fire departments to shoot said dog in an emergency situationt if necessary, in order to a11oW the poliee or fire fighters to gain admittanee to the premises in the performance of their duties. 101.17. SEEZNG EYE DOGS Whenever a blind person accompanied by a°seeing eye" or guide dog presents himself/herself for accommodation or service on any public ��7IE�i� 1IlE transit vehicle or to any ��ttE� restaurant, store or other place of business open to the public, it shall be unlawful for the ��`��titx��`; owner. manager, operator or an� emolovee of such vehicle or plaee of business to refuse admissioa to the dog or service to the blind person. 1p1.18. CRIIELTY TO AAIIMALS Mfnnesota Statutes 346.20 through 346.34 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. 101.19• RELATION TO OTHER LAW The prohibitions contained in this Chapter shall be in addition to any State or Federal law regarding the same or related subjects. 101.20. PENALTISS Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violation under the provisions of Cha�ter 901 of t��is Code. �� Guard Doga Seeing Eye Dogs Cruelty To Animals Relation To Other Law Penalties 101-13 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 198�. ATTEST: SIDNEY C. INMAN - CITY CLERR First Reading: Second Reading: Publish: 3/0/2/11 0 � iiILLIAM J. NEE - MAYOR 2M 101-14 Jan. 17, 198� ORDINANCE N0. _.,r_ AN ORDINANCE RECODIFYING NEW CHAPTER 214 ENTITLED "SIGNS" AND REPEALING THE OLD CHAPTfiR 21�4 OF TH8 FRIDLEY CITY CODE IN ITS ENTIRBTY - 214.01. PURPOSE The purpose of this Chapter is to protect and promote the public health, safety and general Welfare of the City of Fridley through the establishment of a comprehensive and impartial set of regulations governing the erection, display and use of signs serving as a visual media to persons upon public or private properties. These regulations are intended to provide an opportunity for effective communication, a11oW a reasonable freedom of choice and promote a concern for the visual amenities on those people designing, displaying, erecting or utilizing signs While at the same time assuring that the public health� safety and general welfare of the City is preserved. 214.02. DEFINITIOIiS The folloWing AEttl�i�Z�.lS�'1� �n�SII �[��Z� i�i xKE t�lx��`�tlz�xibl� i�11d t��I�Ct�Lid�l arizn��i�n��z��i�r�Qizx�ir6zxa�a�r� Words and terms, Wherever they occur in this Chapter, are defined as folloWS and shall aD�lv in i� ,internret�tion and ap�lication: J� � Abandoned Sign. ��Edl�� A sign Which no longer correctly dtt��x� dt l�nd�'x� �.1�t ��t�d�i advertises a bona fide business, lessor, or+ner, �td�d�x d� activity, �bt.�Y��z�� use or product available on the premises Where ��l�l� ,�,Zg sign is displayed i'Qr a eontinuous �eriod of m4rP ±!?an three__ (�) months• a//11��b�'�/H�EI /[►kA1i�/�i/�f/�6n��H/1�/�d�S��ti�zk/�d/zH�/�ti��t�dZ/�l�E ?Skit'i�/td�tdk/bt/�/�S�t�EX/bt/Z�:1'idl ��, Address Sign. ��i� A sign �6�xK td��Sxitl��ilid�! d��l��b �t�Z�� by,��H��` �tizZE�i ��` i�i �iY��`��`�Z tbi`�d eonsi sti r�g.. of n�?mbers or n�nbers and a � reet name� identifl►in� the a��rpaa nf a buildin�• �C 3,� Advertising Sign. �ikitti�S A sign r�hich is used to advertise products, goods, uses or services. �� Alteration. �EfEt� L� Any major change, Zd � di��S excluding routine maintenance, ��SirSZii'i� �t' �YS�tS�e d� �d�f of an existing sign. t� Area Identification Sign. �di'!� A sign which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex or a business or industrial area. 3 Purpose Definitions B � Banners And Pennants. ��a�id/�Z��z��/�zz��/E¢��/df/��Etl �ZdZn d� �X��Z��k� k6��x��kt� �riQ �H��H �� dt d ��d��t ��t� A te�porary aj�n eonstructed of cloth eanvass, naner, olasti� fi m or light fabric. �� Bench Sign. ��ti�! A sign Which is �St't�7fEd attached to a beacb. I� Billboard. 16klIYi� t�1'i ��ik�`x��t�'i� ��i �H�i�H f1�tE�Z� �IZZ�dx�f61� x� ,6 �ign advertisina a business, ��6diZ� Droduet,`service, use or entertainment Which is conducted, sold or offered �Z�k�4Yi�Et� somewhere other than on the premises bf l6Yi��H Where the sign is located. R 9� Changeable �d�� Sign, Automatie. �6�t��l� An Pi P^* �^�^ina? � y eontrolled sign, ��l�n �� t��i including t��! �Z�E�Ztb�ii��Zl�% bt EL��,t�i�d�I� �'ddx�dx��d H time, temperature or date sign, � a message center or a readerboard� �here different �� messaae changes are shoKn on the same XtL6�5 IS�ri1t �anel. d 1Q,� Changeable �d�� Sign� Nanual. �6k�.�i� A sign on which �d�� the messa¢e is changed manually i�i �( ttEZd. x� Construction Sign. �E��i� A�m�orarv sign �I�[k�Q erected at a construction site identifying the projeet. �t m�y include d�" the name of the architect, engineer, contractor, financier or other i�i�Idl�iEd �d�x�dd information about the nrojeet. M//D�t�E,�Ztdt�iZ/�i�ti/��i�!/1�/�t�1i/��E�x�d/6fi/��G�l�t'�,6�/��i�/a�tkl�t6�dt�t/j�//// �6H��n/Jd�t��/zH�/�d��Er4�/1[�id/��"/�itS�dE/6t/�/�z��tlik��,�/d�i/tofslt/i/t�t.vtdO�i!/d�'�h1�// dr /v't/!�/,t�E /dd /a'o�tJi�iL� 11D�� `�dt��! 4�"�dJ /�b�I �t�drfda�tJi�6 �I Idt�l / / I ! ! I za,��ztar�c � j0 � Distriet. t�tEr`� x� ��1t�� A zoning district as defined in xYIE Ft��z�� z�ri�� 0�d�r��r��E �,],3� Flashing Sign. �Ettt�� An illuminated sign Which k��Zt[tti� hB.g intermittent flashinjr lights� revo�vir�g beacons� zjr flashers or exhibits a noticeable change in eolor or light intensity. r 1� Free Standing Siga. �i��td�S A sign Whieh is securely attached to the ground and not itt't�kEd attaehed to any part of a building or �t��j �xKEi' structure. �! „�.� Governmental Sign. �i�l�dd A sign Which is erected by a governmental unit for the purpose of directing ar guiding traffic or p�ovidin¢ dzY1�Et public information. �lt//x��tiLtf��dz�dtS1��.�'i/�¢At��/d!�l��i/�Hi�Hl��'�t/e�S/kl'►k/d�de��/�df�s��/// �dxH/l5t/ZiiE/d��zl��itix/d�"/dE��ix�/at/xH�/Idx/bt/�S�tX 11it.�/�dYSk��/Lri� /sfilgfi� /1�/ �z�,�Ee� �� Zlluminated Siga. ��i�� A sign which is illuminated by an artificial light source. ? 1,Z� Information Sign. ��tl� A sign giving information or d{ re�tiorL to employees, visitors or delivery vehicles �,�lr � containing no advertising 3a 214-2 �� d��z�f��Z�6�. A� information siAn may disv.l�Y th� -^-ame, address or ide�t�fyinA svmbol of the business. i� � Institutional Sign. �� A sign d1" 1S�7ZZ�Zi�1 ldd�it�l which identifies �Y:� t�d�� ifd �ZnEt` �n�td�x��`��xtE� a public or private institution inc�ud��g ch�r�hes.,, sehool�, hosp,�tals and m��j�� inies.d�l �Yi� �i�� 6Y,E�'� �n� ��d �� ZbEdL��I. - x,lg,_ Motion Sign. ��[1�� A sign Which revolves, rotates, has moving parts or gives the illusion of motion. K 2Q,. Noneonforming Sign, Legal. �E�1'i� A sign Wbich lawfully existed prior to the adoption of this d�"dit�i�l�i�� Cha�tgL� but does not �'dfi�dt�i comD y With �1,]� xd the ��bZ� ��xEO requirements of this bt0liri��ik� �h�L• x� Permanent Sign. �6��S�i� A sign �onstr�?eted of materfal� ineludina p�as ic or metal that are durable and easilv m�intai ed�_ and Which is intended to be used for an indefinite period of time. S.iRns Dainte� �freetiv on struetures, Wood or Wood Droducts are not sutborized or �nc��ded in Lhis definition. 2�` Po1 i i � j„gn A temDOrary s�gn advertising p�p^* � �n { ac��Ps or the cAnd� d� y of a oerson runnirig �'�r ni�hl i n eff'i_Q@. X 231„ Portable Sign. �dld�I� A�em�orarv sign !S� designed Q� to be ��d�kSZd moved from one location to another and Which is not permanently attached to the ground, a sign structure or a building. ��,, Porta-panel. d�t�d�S A 1S��It xb lSa�it,� �ddl��t� �d�t�tZ��4�.�i� dE�it�� oortable sian, mounted on wheels and used for commercial as Well as civic pro�otions. AR � Projecting Sign. ��i�f A sign bZ}i¢t' zH�1i �( ��..il dt�d attached to a r�all, that projects perpendicular from a building � structure. �� z��e e��a�;c��t ,e��r�� izt�a�� z��x�� n��r� �,�z��e�z� �r�e ar��aa��i�i�z,��,�xitt�xzi�r��,riaz��,��e�i��zxizrs�i�z��z� �. Real Estat� SiQn A temDOrary�g� .^*°� *^^ *fi° nurnnce �f sell�na. 'e�s�^�or rromotina real estate. �C �. Roof Sign. �ktS2'1� A sign Which is erected, constructed or attaehed y�y.�� ,1� ��, ��, above the roof line of a building, except where the roof is an extended facade or mansard. p8 � Rummage/Garage Sale Siga. �dk�1i� A temporary sign xhich advertises ar direets the public to �S�i d�lt�`�Qt��1�Z �hg gale of �E1i��(,iI� used merchandise, sold from a private residence. jili � Shopping Center/Multiple IIse Building. �E��l�! A building planned and developed for multiple occupancy d�E t[� vheLher as a commereial or industrial ��`��E �.. $� 3,Q� Sign. �iE�(fi� A painted nanel, lettered board, seri es of i etters or ,gyp�b,�,ols or other display and ix1! �d��tx anv suDnorLinY structure used to advertise, direct, identity. inform or convey a message to 6�1E anvone rrho viexs it. 3B 214-3 pp 3,1� Sign �rea. �f�� The x6x�I area of x�� $ sign, including the border and the surface Which bears the advertisement. �t In the case of inessages, figures or symbols attached directly to any part of x�� building or sien �trucLure, it is that area Which is included in the smallest t��x�A�Id g�ometric ficr�?re Which can be made tio circumscribe the message, figure or symbol 11,i��Z�i�E�t x�iEt`�0�1. _ 3P Sia� Area� Maximum. The �lxi��lZ�[xEd maximum allowabl� sign area for a sfngle faced free standing sign refers to that sing],e facirLa. When a free ,�andiria siQn has m�1tiD�e faees then the maximum ai��le sian are� doubles. R�6 33,., Sign Structure. �i��ifi�! Any structure xhich supports or is capable oP supporting �tti� � sign, ��S�d llEtiri.�x�d�i �Sri�IZ not iXilldll� ineludin�r a building to r+hich xH� � sign is attached. ZZ 3� Temporary Sign. ��tl�l� Any sign, banner� pennant� valanee or advertising display ��Sti�Z�d�ZEd df E��fCH,� ��ti�i�t�S,� �tLllx f��`�� t1��lS�Sttt`d,� t6�tllis��tt0 dt �znEt �t�'1x ��zE��Z� �6�zn dt �6�xKd�dL tt�i�E�,� intended to be displayed for a limited period of time r�z x6 ��a rn�,�z� �tamr d��a• RK .3�,.. i1a11 Grapbic. ��(�i� A graphic design or decorative mural, not intended for identification or advertising purposes. �hich is painted directly on d�i �hg exterior �d�� surface of a buildinA. dd 3�.,� iiall Sign. ��d�l� A sign Which is �itt�[7tEd attached to the Wall of t(11�' ,� building or structure. x� ,3� iiindoW Sign. ��tl�� A sign i,neza��d Attached to the inside � a �indow for the purpose of vier�ing from outside the �tE�di�SE�S buildirus. This term does not include merchandise located in e WindoW. ro� �,�z�.�r�.z ��r� ,��r�� o-x��n �� r� ,�ar�rzt�x ��zn xn�� tr�cr��. 214.03. GENERAL PROYISIONS FOR AL•L DISTRICTS The folloWing provisions za��0a�i��t��Daa ghall apply �o Sec ions 211�.0u �hrouah 214.07 i�S f�ZI d��xt��Z�. R�� AI3Y signd shall be construeted in such a manner and of such material that xn�� Sni�ZI � X�11 be safe and substantial �6��itA�� xn�ix. Nothing in this Chapter shall be interpreted as authorizing the ereetion or ��ti�dZtdkxtb� disolav of any sign not noW �f��,�C��[}iZ�s Bermitted under Chapter 205�P08 it��d�t�E of xK�� +h? C±tv Code. z,��,��$x �q,,� SIGNS PROHIBITED II�1 AI.L DISTRICTS R� �y permanent sfgns other than governmental signs, erected or x��dt�ttiZ� �d�Td��! disnlayed unon ti�x�1! anY �ZtE�Z right oP xay, or �1�6� �i� public prooertv ��t��t��1x. �� y, signs or wall graphics that contain Words or pictures of obscene, pornographic or immoral character. �C 3,,_ ,�y signs painted directly on buildings ��t�l�L ��it�td�Zt�� di�1��. 3C General Provisiona For All Diatriets Signs Prohibited In All Distriets 214-4 �t D/1 Pdr' x��I�l��[�l /E��x/fbr'/LKd�¢/��'d�►td�d/tbtldri��/rB�E�/TE�`�xx�d/��i hzziza�tt�r• ,(�//��i�I�6n�L'n/tE�l�ZEI dd/ dt�i�`�tl�/xt�tti�lB��il�t/�i�ittX,�lk�t,��Z!// ��t��z�f �i�X 1 ��'►�l�til ��"��l ttz�/�t��"1Gtl g� Any,signs xhich by reason oP size, location, movement, content, coloring or manner of illuaination may be confused With the light of an emergeney or road eqnipment vehicle, a traffic kd�ixt�Z sign, signal or device, or Which hfdes from view any traffic sign, signal or device. � � �y projeeting signs. x � j�y motion signs. Z Z,,,, �,2v flashina �,i,Lk�diTS�zEd signs ,�n��n �n�r�� n �tzn�� at �t t,� �r�x�r��iz� ar ��nz at �� z�� a�r n�.� tz��r�� t �r�z��t�zx��z z��nx�. d$,_ �y signs located Within a corner yi Qf on safet_y zone ��x�Si��1t �Ef�di�E�k�iz�� f!�b�i zOBl,t8J4,�/ayl as defined in ChaflGer 205, K Fz��n�.�l� �i�ti�. � R��b�I�i�d� kSE��dtS�,� t�� tlt��riEt� ddd ��t►�[Z�t �I��i�EE� �11�Id��[1i� dAt aaz�� t z��nz �ar��x �n�r�ei�cr� tr�x�r��tt� 2,1 N10a2 214 • 05 • SIGNS PERMITTED IN AI.L DISTRICTS 1� � Address Signs. Eaeh dwelling, business or building must have a mininum of one (1) address sign, that is a minimum of t-hree and one-half (3-1/2) inches high, ,�� maximum of tWentv-foun f24) �1fBI inches high. e sip,n must be illuminated or refleetive, axz��n�� z� xn� ��a�u�r�� and l�� vlsible from �g publie right of Way. �r xn� �zx�,�n�d ��t�a� �� a�r��r �� .�az� rt�,e zn� ��a�zt� �t�nz �t ��,� zK� a�at�� az �� zn�t ar� zn� �dt�l� d� d1S xH� ��ilSd�t. � 2� Bench Signs. ?d �5� �ft`�xxEd D�.snlayed only at bus stops � cannot be any larger than or extend beyond any portion of the bench. � 3.,_ Nri�zEd fx�z�� Flags. Fb��d� �hat t hP di sol aved as outlined in Title 3b, Section 173-378 of the United States Code� State Flag and Corporate Flag. . - iu-� - _t. A 5� Dit�CZ�i�A�tl Informational Signs. tkll��' k Pt��t�x! �rovided thev meet ,�e following re�uirements: � g� A maximum size of four (4) square feet ��t t��i�'I� �g3- Z� A minimum distanee of ten (10) feet from any, nrooertv line or drivewav �xt��x ti�l'iZ /St 1�1d7�. C� J Signs Permitted In All Districts 214- 5 � ��z zn�r a �� z�� xn� ��z�� x� � n��z�x ��t �� a �� at x��t,zt�r��ti��xyi��t� te�z �� a��. �� Institutional Signs. Provided they meet the followina reouirements: � g,, A maximum size of z��Z��td�t lP�y thirtv-tWO (�2) square feet in area• x$� A minimum �istance of ten (10) feet from any Dropertv line or driveWav �z��x ��nx 6r ��t• ��X��x A hospital emergencq sign �ni�� t� Id��xEd d� xn� �tE�� may be a maximum of 100 square feet in area. ��i�c��a�te,�t�xtrt,��z�e�v��c�ti$��itt�et�r��xie�,�zr��zi�►k�x�x�,�t�a,ri ��ii�z�f.��.�ai��r�z�►i�a�r�z�ri�at��t��i�it�s�a�n�i��.�x�,�i��cix�cz��iat�ei� n��x��tia,��r,a��x,�,r �uiz��t��i��,r �. '�;:; ► i � � ► � � � Construction Signs. d,[ ��Sulti�le Developments. ?E�i��tt�t� Construction signs may be erected for the purpose of ��d�d6z�l'l� identifyina a��dQ��x �velooment of ten (10) or more �'�E��1ix��Z dwellings d�l�x�, ten (10) or more mobile homes� three (3) or more multiple d�ellings, or a 16Yl�S��i�� ui�dir,�g consistinP of three (�) or more businesses or industries, xith �,he foll�wing restrietions: (1) One (1) sign per street frontage. (2) ��i �?'i�zl titSx ��t�� A maximum size of fifty (50) square feet in area �er devg oDment. (3) ��i dlu(IZ tiQx l��E Located � eloser than 100 feet to a d�I ��x�� building �ZtYl�Lte.t�� outside the development. ��,) A minimum distance of ten (70) feet from acLV Droperty line or drivewav. (5) �� n��l T9. be removed �6ri�ti ��ddE�x t�S k��Z�x�d uoon co�,pletion of the construetion. kl �. ,�rid��►�il1�l��/�bxs �t �d�Xd�tl� Other Develooments ( t) One (1) sign per ��tE�x tt`d12xt(� buildin¢. (2) P��'i ��s�Z,T �lidx E7f��EL A m xim� s{ze of six (6) square feet in area. 3E Temporary Signs Permitted In All IIistricts . 214-6 Ss) A minimum distanc� ^* *°^ r,n� rept fr�m Anv nrooertv line or drivew v. (�) �� I� TSt be removed upon completion of the eonstr �on. Z � Real Bstate Sigas. �� MultiDle Developments. ?E��t�.�`� Real estate signs may be erected for the purpose of selling, leasina, or promoting a�tdQ¢�x �evelonment of ti�E 187 ten (10) or more �E�id��x�� dwellings ��x�, ten (10) or more mobile homes, three (3) or more multiple dWellings or a�d��E�� u�ldina consisting of three (�) or more busin��ses or indLStrieg� Wt h the followin¢ restrietions: (1) One (1) sign per street frontage. (2) �� K�Ix �lbZ E��EEd A maxim�m size of fifty (50) square feet in area �er develoDment. (3) �� K�ZZ ��Z �� Located �. closer than 100 feet to �d ��dz�1i� � building �x�d¢x�1"E outside of the development. (�) 1l1a� �nd�I TQ be removed when �g project is ninety-five percent (95�) E��Ilzld� sold or leased. (S) A minim m distanee of ten (10) feet from �ny Dronerty line or driv�wav. � � r��ak,�z�s �t ��a� zn�,� F�� ,tBY zr��f��z �aza �t ��etz��r��a Other Develo�ments. (1) One (1) sign per �xtlEZ tt`��Z�� buildin¢. (2) �l��i �}i�I,i,I �idr E�t��ld �. maxim �m a{�p of aix (6) square feet in area. (3) ��i�6iz1 TQ be removed Within five (5) days follo�ing � sale or lease of the buildina. (�:) A minimum distance of ten 110) feet from anv Dr��r� y line or �Irivguav. . ( 5) ��z�`d "Open House" signs x� ?5! are allo�+ed only during �hg day of �g open house. � ��f ��1 ,��ry n�r�� x�r� ,��ar r��z ttm�e ��z�E tt�nx er �at. �tzrii�i��,�ii�;cz��ceyi��t�ir��zi��vat��,r 0 3F 214- � 3. Political Signs. � g,` A maximum size �}S�,t 1i�Z ��t�E�� S!� thirty-tWO (32) square feet � �^ea • �y � y�[�� y,�(ZZ ,� be removed Within five (5) days following the election. �� I Fifteen dollars (�15.00) d��b�ix Will he deposited Kith the City prior to the erection of anv signs and retained until all of the signs are removed. If all of the signs are not removed, the deposit �►ill be used to defray the cost of removal. Any additional cost Will be billed to the ��.�x� �erson posting the original deposit. d� Any ��ZZxi��.Z sign larger than three (3) square feet rea must be placed � minimum distance of xKt�� [a7 ten (10) feet from �dlSlik �"��iz �t �6�� s street curb and ten (1 Q� feet from anv drivexav. q. Rummage/Garage Sale Signa. t�B.�. �riE g maximum size dn�tZ� 16E � three (3) square feet in area. �� ►lW�Sx � be removed Within three (3) days folloWing ��id dt � sale• 5. Banners or Pennanta. � A,,, Banners or pennants commemorating a special event not conneeted With a business, �ndZZ !SE �r� �ermitted When installed not more than twenty-five (25) days prior to the event and removed Within five (5) days follo�ing the event. � g� Banners or pennants for business�E� �nniversari�s 9r Arand o�enirurs are �6;LI,I lS� alloxed onlv for �t�Sfi� 6��f,dn�� df ldd�ifiid� ��iZ�/ t�t �t 1!��l d�i� �t�Ud�di �!t"�d� a max{m �m of ten (10) davs. 2�1MlDEa 2]4•�7- SIGNS I[�x0�0�D PERMITTED WITH g SPECIAL OSE PBRMIT ��n�i�tll�tY�dl�t Automatie changeable signs tA�t�Zd/!d�/�,iZQ�E� are oermitted in all districts except �1l,�/lt�P,�/�t�a �d� R�X t,gsidential districts, and Lhen only �6i(ZH after the issuanee of a special use permit subject to the folloHing minimum conditions: a,c � a��r�� e�� etex��z t,�,��cr��,�ze, �Etx�id�i 2�tN�t0J4 dt xKid 6�QI,t�t��. �onformanee to the sian r�,uirements withi� that district. z,t �a6 zt��+�z�,s� �z�,�z��r�� a��e e�r�x�ta. a,[$�. �I��x�d�'i�� Thg message ��SxEtlS fi6z xd �,hall not change more than once everY fifteen (15) minutes d�I� ��"�d�xtEA t�l d��k�tti!' id�il�i�� Sx�enG for a sign disn�avina time tem�erature �nd/or date. .._ .- 3G� Signs gergitte� With A Special Ose permit 214-8 Z,1J�:(�1i ,2.j�1.06,,� SPECIFIC DISTRICT REQDIREMENTS In addition to those signs permitted in all districts, the folloWing signs are perc►itted in each specific district and shall be regulated as to tvoe, size, and setbaek Z��S�,i�� t�i� �i�i�tit�x�t according to the folloWina requirements Kdt��i EEZ tdtLl�. ��N,lB�,t 214.�9, TYPES, SIZES, �,� SETBACBS I�KD �?A�� l�JdZjt�KBlf?E FOR jt-I1� lt�2/l� 1�2/I RESIDENTIAL DISTRICTS � Area Identification Signs. ,1L �,�. One (1) sign per development. 2�! � A maximum size � t�enty-four (2u) square feet area. a,[ � A minimum distance of ten (10) feet from ��Ii� t��Yix dt �6t�� anv �ro�erty line or drivewav. 2. w�,ll Sians. A. One (1) siRn �er dWellina unit" B A maximum size of three (�) sauare feet in area x�x,re�czi��c��i�kz��x�i�,�ei�zx,��t��z��rar��a��a��a� �,r��,��iut�x�r��z�,��,r �tii�n��c�rl'iar��i�¢y�x��er�t! P�iin��i�t�,�iz�a�r��ta,e,�i�cPxri��ir,�,�x. a�riin��t�z�ix�r�i�c�reyit�ezir,��i��z��it��nxiari�att Zax,r�xai��,�i��z�a,��c�isr�ei�zx��iR,��m��z�it�,�i��K l�l//R��l zd��i�if�k�x��1i/�S��It 1t l!/k�t�/�t 1fI/�i�i/�E�/QE�I �Xd��dl��!/ Pl//?'l��/��/��dk�x7��tGdt/�(2Mi/�Q��t�/t�dxl a,ciir�.,��iz�t�it �erir��zir,��i��.�xt�i��anxiari�a�y� 3H spe�ino District Requirements Residential District Requiremeata 214-9 •3I ,�,��{,(��{j{ 214.10. TYPES, SIZES, �Ip SETBACKS Q)QD DTRB� �tB��F1'�1�� FOR CR-1 CR-t �iE Q�2 pISTRICTS Distrlct Requirementa � � Area Identification Signa. � One (1? sign per development. �� _ �� - . - . _ ; . - - - r - - u � u u � ' • - � 1 • u = } � • • ' � - • • ' �! � Free Standing Signa. ,1 A� One (1) �j,gp per street frontage. 2� A maximum size of forty-eight (48) square feet in area per development. a� A maximum height � six (6) feet above �g finished ground XE��I rade• �1 �,,, A minimum distanee of ten (10) feet from anv property line � drivewav. E�t�E�L �it�'it�ddad dt x�4��ix��t�[�E �PB7 tElx/tt'��6i1 ��d'/Zii�E��E�Z�IS�!/dtl�Zt��t/��619x/dt/r��r/�t�'i��l �?�i/F�PS�/ZdZ/��i'i�/NYS��i/Z6��ixEA/�6�xH��i/ZriE�iZli�tit�/;(tSi/t��x/�t/tt A�,i�i��6d�. i•• :�� - - _� •- .- - ..,�-} �- - . .. _� - .- . �- -- _�• �_ 'r •�_ �- -- �- .. - � - .-. . .- - -. �tiin��xi��iz��tz��izai��is�i��ita�,�z�t��az�atv,��t t•• _r- u _ u u • - • • • - - } 1 � • � - � • • - � 1 . u - _ � � !� �,, Wall Signs. gie total y6�d�t sign area shall not exeeed fifteen (15) times the square root of the �all length on Which the sign is to be placed. E j�,,, r�t'x�iFt�id�Z Portable Sigaa. May be �ldEd l6,ix�i �.�vlaved after a permit � issued by the �d�it�i� ��z��za� c�tv• r�t ,��r��rs��ezt�� x�� t�eY ��t� ��tt�� xt�tr�� t� �� Ey �� t t�� 5��SL pPr�ts are � {m? ted to three (�) +{�^�s oer vear oer business, and onlv for nonconsecutiv� ten (10) �av Qeriods• 214-10 2,tK�0lt$ 214.11. TYPES, SIZES, � SETBACRS 1[lQD ��d1t�H��!! FOR C-1, C-2 AND C-� DISTRICTS A 1� Area Identification Signs. ga One (1) sign per development. �� _ u �� - . - . - . _ - - � _ - u u u • ' - • - � 1 • u _ � � • � ' } - • E 2,,_ Free Standing Signs. A� One (1) �gp per street frontage. 2� A maximum size of eighty (80) square feet in area per development. a� A maximum height � twenty-five (25) feet above �,g finished ground XE�d�Z grade. �� A minimum height � ten (10) feet from �g bottom of �b,g sign to �g finished ground ZEf�Z grade When Within tWenty-five (25) feet of a drivexay dt�l or t(t�l t�iz��`�E�x�dt1 �� x�E�x �t�,�YSx 6t �6�� I��'i�� a eorner vision safety,zone. $� A minimum distance of ten (10) feet from anv property line or driveWay. B� A minimum distance of fifty (50) feet from 1t�1�,�/�t�P�/lt�a/bt`/�tfl� �lt'itt�g I1�i�E anv residential distriet. � 3� Roof Signs. ,1 ,Q,L One (1) sign per development. ,T � The use of � roof sign� Will substitute for the ��'�6�xx�d free standing sign along the ft611z�� x t��E� � reet the roof sign is intended to be viewed. �!/1��.kL/15�/Xtdi;C�d/,t6/�ibE/��/!�s'i/idEtix�t��dZt6�'!/�i�il 1( //?�ai�ti�d�/�t�}',xt/�f 80)/�Qk�tE/tk�x/l��t/Q��llX d��E�iZI � �,,,, Window Signs. A maximum coverage of forty percent (40x) of �,g, WindoW area, exeluding merchandise. � �,,, Wall Signs. 3� c-�, c-2, And � District Requirement� 214-11 The tota�l N�Zx sign area shall not exceed fifteen (15) times the square � root of the Wall length on r�hich the sign is to be placed. F Bt� Sx�.z�b�! 9lt�l D� g� �� big�i t� �tXI6�b�d �[�i �idQ�Lid�! Z6 d�iE �1fi ��thdifGx�d t� �1 p�tz bf xrik �Ekt�,if�k�zid�i di�ti. B jt.._ �b�L�T��i�Eld Portable Sig�. May be Yl��al �6�[ZH S��.nlaved after a permit �.g issued by the �d�li1�� d��z�t City• ta� �e�,�a��a��z�t� x�� ,��eY �s� ��t�� z��z�a xa xl�1�� g� xi�k� ��t ��t��/�i�t l�zl�Si�i�� Permits are limi��d to three (�) times Der year, ner business and onlv f9^ ^^^^^^°°^"}ive ten (10) dav �eriods. .._ �. .- .- „ -. . s �- � _ r � � - - .� .- � -� •��-� - - -. �- -. .� (ENTIRE SECTION BEING DELETED) t1(J4LOM6 EILEB,( EETaA�RE JU�D ➢�7HEr lIEGlI�I]tF�l�iEl1�'S TAlt ��J(}S IUtD l.�2E �i,r �ct�� z��r�ztr��z�ar� a��: Jfl Ai'lE �f�tl t��Ed tAE�ttt�dx�6�i ��'i t�Xl��b�d �� dE�i�Xb��d��'lx,f �< FtE� �z�i�ld�i� ��[�� 1rl �r►� �t�7 A�� t �z��tr t�"��txd�l x,c n��,e,� ��nzt �aay ��tk r�kx �� a��x,��z� a� l�t.t�6 YiE��I'�f! x�b��ixt�tty� �t281 t��x �?Sd�IE t�lii�HEE �"6��lA Z��iEZI �� !'i,t�.t�Ud riEt�Hx xE�l �f1f�7 �kkz t��d ?5�zxd�1 6t di�! Zb ti�i��Y1�II �"d�fi� Z�fEZ �6i�K��! x�bk�iL�ftit! �tPSb t�tx bt ![ 4�i�i��b�t �f,dlQ� �� riz�t�S��xt��l dt �zt�E�z ti�?�iz bt �6�t� ��1 S�l 1'Lt�'st�d�'ud ZEtI �(10i t��f! f��d d�+i� �5�d��xt ZitiE 6t d��lE�d�t�l Bl l��i.i�t�, fifzf lg0y t��r ft`d�i R�J(� R�P,� �t�a d�" �� b�i� Zid�l �l �bdf �i�'i��f 1l �� f�ti �� t Q��Xb�d��l z,c �rn� �� t t�ar �� zz �s�u�z�x�x� ta� zn� ¢�r��zze� rt�� z�r�a�r� ,�t�ct azar�� zx� r,�ar�za� tz ra,�e�t 8t �xs�z n� zt�txkQ zb �� a� ,� ta��xtt��zta,� �st�u �c� ru�t�e,� �ignzt taey �Q�� r��x r�t �k��za��t�x,c Dt x�r�,aa�a st�: � 3 K: �ti� �iA �t�� r�� R�AK�Tf��A�� 214-12 �l Fdr�xt tli0i �� dt �6ttSEtS� �,��d d�ZdQir� �k��n�,dtd�. �,l i/�SIZ ��i�l �fl �O�ZY bt�ti �E� �HlIZI tidz k��kd 1f8 Z��E� ZHk �Qd�tE �6bx bt x� xH� �6tSXZ IE�i�H 6ii �6Ht�H zHk �t�'! i� Zd 1S� �Xt��d. fl P��xg�P�kZ�I/ �rt rr�� k �,��a �tzx � �a��,e�z ��,�a �t xx� zat�t,� �,a��r�c�xt�z,at t6� ��t�,��r��,��z��►e x,�r� �tast da� �,��6Qa,� xt�x�e xa zr�,�� tar zi,�� ,��► t,�� t ��t,�aa. �t a�czz��.�d� ax�zz �� ¢��zz�a �� a�x� zx� ��z�� K�� ,e �u2iAt�z��,�xe. zn� tozza��c� ,�,a�►�zt�rs� �rs�.zx �� ,��r��d��a �� zx� ,e�r�t� az�r�a�� t�t �atx��aa ��z xx� ��zt ,�xizz ,�t t,e�aa� ��a�r�c�t�i ��r��z��r�,r �t< K��Y� H��Yixl ?�b��:�tf��►� ltgl t�kZ �1�� X6z ��Q�,/�t�'il��l�d xN� dt�'! �� idZ��id�d xb �Sk �tl�'�d t�'�d t� 1li�Yir6�i,� ZHE�1 xYi� ZS tdbZ ��tidx[d HE��Yix �i�� 1Sk �'dtd��iZ�d t�6�S ZYE �E�k�X�� dt xiSk x��i�Z�O n�[gl�i�4�(� lS�1x tti i'i�6 ��k �Yi�tXI xHk �I��Z��AZ di�Z�fit� 16�L�6k�t� xH� ��Zbd dt xK� �i�'1 t��'id xHE �fS�l�la! �S� �kQ�� xd X�d�'Liittti xk�! �t1f0i t��xl P�! 1�l��i� Et� J��kd,l ?Yi�EE il�idtEd �(8A0t tE�z �k�' td,�il'i� drid i'idx xd ,��t��EA Zrd6 �t2i td�ttlg� dri Es�z lt��iE� �t6�d �b�tH Z��t�zdZk ?��i4�bdf i8�1�� z�d�i)t Hi�i'l�t� f147 �dd ?tzlrilt K��Yi��t iBg� ?SO t��z ��t t��iti� d� �ibz Zb ��Ekd z�dtS �(P� t��t� b�i xri�Et�L�zE #BgX,f Dbd1�I� t��EE �i�ti� �Y1AXI 16� t�xz�,�nEd 15��1t b� 15tlklt xb 15t,�1t t�x t� ri�t'i�Eb�ix�Z d�XE ri�z z� ��Ekd td�zt�ft�l E �f K8� AE�',E��l 8,! Yli�'itt.r.bd �i�1G�S�� aEZ�dEl1S Ei�,l O�SE zNbu�4�rid ��1�(0SlDi t��z d�i xKE �t�� id� dt xHE �x�,E�x ti�Nx bt �bdtl Jll !�L[tit� 9lEx?5t��lt t�'�6�d tx��Z �tt�Hx dt M�.tl Z}'�Ctxt �(3Ai t�EZ. Sl D�It�z�t�� ft�d� FZt��z ��'LCE�`��L�6�l�9,1 lOdz �XdtlE�' zn�.�i ti�►� n�id��d LSBO� t�Ex zd ZK� ��`.z��"�ELZid�i df �t�t �dxt�kkt� 6t HtgYi�bl��d �6YS�[�K ��iz��`��x S�z Rii�t R�tiA baYlZK dt ��i,C�t�xdxk #69X� ?t�irilt HigYt�4� �117 ?t`�r�lt H�gi'j�4�t #BS bt Z�Et�z�Zt �IB�M� �d,�n dikZ�ri�� i�E;[�ig �dEA�dtit�d f,�bd ZHd tdL�t��,�z�[eSti �t �xt�,�x eit 1'!��}�ir6df ��dx�tZiti�l Bt Pt��t..izt x� 8�� P�t��xxk11 i�i ltk��Q�fixt�tZ l��t��,t �bx �Zb�E� xKS�i r��re n�r�t�a t$��r r��z x� �r�t �t��e�r�z�sz e��zt��z �� ar�t �� z�t��r��,r 7,t nigr� �z��z��k ��r�,��x�a�,r zn� �x��a�x��,� �xau �k uz ,e�zaxt zr.� �¢z�x �n�xx �� ,��zx�� .��x,�e �t z��z�a za �r�,��z e�x,��Q��.zta�,r x�fi�t bt ��'�� d��[�iz�r��ftk �KAX� �Sk �ddd� tb� ��Ib��xidti Qt LH� �i�'I �t�x�xt r�,a� �r zx�� tay �+��x�,��x a��x �z��z�r►��t BL Z6t,.i� �4�id �6��iQtll BiXll�dd�dd �HlIZZ l�� E�xtitr�d x6 ��2�� !'l��1 ,� ruz ��e ��,��x� ar ¢��a��r�zt aQeb�,r�� xxe ��xz� ar �at ar ��irE��z�x� Ht�}�i�4E�► #B9�1 L�Z 1t�fE� ltbi�d �b�zH dt Iti��t�Zt�x� J41�rfdt #8�� ?r�drilt H��f #�C7 �� `drilt i��4d� lSEI 3L 214-13 3M 91 Pd�� x��E�l �� 2'ii!�dZIE� �t �Z�x� d�iA �x�I�Zt t��tX�x�dt�i�l ,1D1 ��t�z��i�� ft��d R�iX�`��d �td��i�fil E80 t��x �6ii��1 xK�� t�t�k Zi�� t��iQ gt�xk� 800 t�kz �6iznd�x xt�}'ix� ��'id �zd,! 7f1l�1 B�XI}Sb��Q �igl'�z��i� �6�zZ i�� tt��xi�¢Zt �x�EZd�d fib t[� xd t�dx ��i� t��;c�tc ar ar�t ��z�� at g��z�t ��n�,�z�,r) 2,1�4�0Kx �1q.12. TYPES. SIZES � SETBACKS AIQD 1t��NZltFJ'1�1�?� FOR !i-1 AND M-2 DistrictM_2 DISTRICTS Regulations . - , . � � _�i+�7� �,- _� .- .- - ..��-�� . �� - - . - � • _ � • _ - - � - - u ! u u • - • - } 1 • u : � � • � - � t ' • • �( � Free Standiag Signs. ,1 A� One i 1) tl�E� �x�i�'i�tl�� si6n per 1�l�iZd�i'i� dt �dk�Z��Z� �� dtZ�Itd� street frontaae. 2� A maximum size of eighty (80) square feet jn area per development. a� A maximum height � tWenty-five (25) feet tt`dd above the finished ground X�E��Z grade. � p� A minimum height � ten (10) feet from �hg bottom of �g sign to the finished ground ZE�If�Z jtrade When Within twenty-five (25i feet ot' a driveWay dlid/ or tt�'i�% ��t�l�Ex,td�i bt !lx��x 1`t�1'1x �t lb�� It�'!�� a corr�r Viginn safety zone. �riygwav. g�� A minimum �ia*.anee of f3fty (50) feet from Xf11�J�f2�lRfa b� R�It ��,�� Z�� resi dential di �t�. • Q 3,L Roof Signs. ,� g� One {13 sign per development. Z g�, The use of g roof sign�d xill substitute for the �i�t�iZx�d free standing sign along the t�"dtixd�� x ti��f� �treet the roof sign is ;*+tPnded to be vieWed. a x�z �� it�z�d za �� a,� �d��z�rt��z�ar� ��. � ' 214-14 K/!".�t�t��tz�✓��YSZt/�f 80i/�j��t�/tEkx/��/AE�I �XdtS�Etixl �, WindoW S ,ar s�. A max�um coveragP of fortv Dereent i40�) of the wi�r,iow area, exclLd{na merch�dise. D 5.,. Wall Sigas. a��,��,�� x�aa t�y �a�zz ��t �� n��,a��t �zz��a a� d�r��t�,�x 16�[�� A�lo�aed only on tWO (2) different Walls ner bLSiness. t$� The total iO�ZZ sign area shall not exceed fifteen (15) times the square root of the xall length on �hich the sign is to be plaeed. D � �6t'xtt�P�itl�Z� Portable Sians. May be �i�� 6�xYi di,g,�layed after a permit i,g issued by the ZddiK� Rd,n�,��z�r�z�� Citv• t�t ,��r�,�m��z��►� z�� ar d��a �e��o�� zt,��x�� x� f�{i! EF �OI ��FF Yr� �Fpl � (�F� ��P^�F�A PPrTT{ }.Q A1"P 1 i mi tpd t.0 three �� t{mPs Der_,},►g�r Der busines� and onlv for noneonsecutive ten ( 10) das► �eric:ds. E Z� Billboarda. Shall be permitted in xki� ��Pt only �3., M-1 and M-2 �d�1�d Districts. The folloWing fi��Sd�(Zidn� repuirements shall be eonsidered as xK� minimum standards �ahen t ss�� nP, a�„gpe�t a� use �ermit to erect a billboard. The City Council �x�Z� may impose additional E��S¢t�x��i� teauirements. ,8,,, Bi> > boards shai � be restrieted to Droper�.y ad ioinina the riaht of w�ys of Interstate Hig�y #69u� Trunk Hiahway �u7, Trunk Hiahwav #65 and East Rjver Road south of Interstate Hiahwav #f 94. ,1 �. T�,g maximum height�l j,9, tWenty-five (25) feet above Idx the finished g�^ound grade� unless the sign is intended to be viewed from a highWay, then the twenty-five (25) foot maximum height �A�S� shall be computed from the centerline of the traveled highWay� but in no case shall the vertical distance betsreen the bottom of the sign and the ground be reduced to less than ten (10) feet. T C_ T� maximum sign areal �,g three hundred (300) ,�auare feet per facing �l�l�! not to exceed tWO (2) facings �rhen ereeted on East River Road south of Interstate HighWay #694, 431 Trunk Highway �47 and �1 Trunk High�ay #65; �ild 750 square feet per facing ii�i� not to exceed two (2) facings �then erected on Interstate HighWay �69�• Aouble faced signs shall be attached baek to back �t Id�Elt xQ i��lt at a horizontal sngle not to exceed forty-five (45? degrees. a� �g minimum distanee betWeen b�liboard signs,l �,,g. 1000 feet Idh,�Il erected on the same side of the �xt��x t��nx er �a�� ts��c�c• �{ ��g minimum setback from �xtEEx the hi Wav right oP vayl � thirty (30) feet. 3 t� 214-15 � �..� _.....��. �__��i.�_��,�� ._�:_ _._�-��...� _. . . g� �he minimum distance r�a�a ��zt��z ��x�ta��z��r��t x�x ��b��t xn�c� ,i,g 500 feet from a billbo�rd sian to the intersection of any street, ri�(gY1�4��j 9r r�p Where traff� crosses or merrzes at the ��me_elevation. �ant�� ,�x�t,��x ��z ��¢t h�� ezn �t z,��c� #agx�t �rt��xi�t�n�a�� !#J4x,� �td� i5��1".�4��!#BB �t I�if!�t�x�x� #B�l�,l ��tK Thg distanee ��t�� determined bv �easurina ��dt��l from the intersection of ,�h� street dt �, highway centerlines and the sian. 8 St� ll"�7t�16�xt x� ��!! P�3'�1d�xzE� �1� Tho ,,,t��T��m distan��_ to s residential and public distrlet�l ,1,g A�Z �Xb�Et xn7t�i 500 feet xl6 d�S� ��a��z�c�z ��ax��ex mt a�t ��tx e�* �z�a��m��e. �► ��[��i �Ztd�xdtt l��f��ix�C��i��! The �gn structure shall be all metal � ZX�E �iE�d� ilKt�� be either painted or treated to prevent deterioration. Lack of proper maintenance shall be cause for revocation of the sign permit. l�(7t�� dt x!'1�"�� fai �i�t`x�i��i�i �d1d�0tx �zt��z��. �! ,��rli� dt�� S��x��Sl ��Zld��"A� �iS�ZZ lSE t��xt�[�x�d t� ��/P�,�/M�7f �r�� n�z ��r�,�a ��t��z�a �r �t�� d��r��r�� rn� t��nz �t �ata �t �fizt�`�z�ixE �'L[�Yi��t� #B�X � Stdrilt I'S��i�t��j #k�d �t�t� i'ii�� b8 �i�id B�[�x �t,ta�� R��A ��e�n �t �nz��x�x� xt�n�o�t #BB1c. �/I P��6k�/xi�'u��l!/!t�/��,C�dX z�ltl��ill5�t��/�l�idl�i�iX ixtlt��lX dx�b�l ,10 ,� .The minimum distanee t�`�S�► �SL� railroad crossingl � 350 feet When there are lights and � gate, �I1d 500 feet i'rom a rat�road erossin¢ xithout lights andlor a gate. �� ,j� D,iZ��td �13y lightingl will be �ft¢�Ct�iEx�% shielded dd t(� to not impair � vision of any motor vehiele operator 61' �t ��Z�7� �b�KiR'I� Qt to ereate a nuisance on adj�inin¢ DroDertv. 2J(1��10x$ "L '� TYPES SIZES AND SETBACRS �OR P AND POD DISTRICTS Sign requirements in Publie P and P� anned Llnit Develonment TE i�t`Eit1! dfstrfets �4�dZd �Till be controlled by the City Council xhen xK� anv development is planned. Z,��{,(Q�{g ?14.14. SHOPPING CENTERS AI�ID MULTIPLE USE BUILDINGS JI � Nithin 180 days of the adoption of this Chapter, all owners of shopping centers and multiple use buildings of three (3) or more businesses or industries if thsv haye �o� alreadv done so must submit a comprehensive sign plan r�t� xn�it ��z¢t bt lSld�l�ild� to the City Council for approval. � y� All i�ture sians ereeted ��t�litxd xithin the shopping center i��id � multiple use building ttt�� shall conform to the conditions of the sign plan and may be subject to conditions other than those in the district regulations in order to promote d uniform �d��i�x�dd dt sign �uearanee. 30 P And PUD Distriat Requirements Shoppir�g Center Multiple Use Building: 214-16 2�1M�108 2L�15s. ��7�� $IGN PERMIT REQUIREMENTS �I 1,, ,$�ga Permit. � g,� Before a sign may be displayed in the City, dt ��`i�x�t, xl�� lb�i�t` �i� Z�� t xn� �t�tt�i�E� ��I �6Y�ikY1 xri� ��i �� x�� i.Fin ereetor shall file an application With the City ��i�11� Rd�6�li�dxt"d��t for permission to display such sign. $� A Permit is required for all existing, ne�r� relocated, modified or redesigned signs except those specifically exempt under Seetion 11i14�iD8� J[x ?11� .15 .1 E. ,� ,� The issuanee of a permit may also be subject to additional conditions in order to promote a more reasonable combination of signs and to promote conformity �ith the character and uses of adjoining property. The conditions �ill be subject to the discretion of the Z��,i�i� l�dl��t�i�xt�xdt' C3tv. Objections to the conditions ean be appealed to the City Couneil by the applicant. a Q,�, �¢��t�[t� Signs erected by a nonprofit organization are not exempt from obtaining a��t�di.x t�t` di�� iIIn De t, but the City may �aive the fee requirement. K�,. No permit is required d�ldEt xri�[� �E�xt�� tdt to disfllav the following signs. 1�dx This sh�ll noG be construed as reli�vinQ the erector of a sian, or the owner of the �rQpert_�L on Whic�a sian is located fLQ,m ^O^ �^;^ ::i�h �h° other nrovisions of t is ChaDter: �t �,]� �y �►indo� signs. jS ,� �y address signs. � j� �y signs erected by a governmental unit bt` ��I�1� �E�i�� t�zr��z. d H��d EL�crEd t��(�. E ,i�. i�I,�y beneh signs. t L�i �il1y memorial signs or tablets eontaining the names of the buildingt its use and date of erection, When cut or built into the Wall of a building. gd ��y, signs Which are completely �ithin a building and are not visible from the �tdZ�id� �t ��tl[� ��ri or of the buildiag. X► ��y temporary signs 2JfJ��[Oa2� l� as �isted Lnder Section 21�.06• � j�„ �y signs having an area of three (3) square feet or less. d 5,91 �y, advertising signs on litter receptacles having an area 3P �frf�� Sian Perm?t Requirementa 214-17 of four (4) s� (16) square fl of �,g design City Council. uare feet or less per side and limited to sixteen et per receptaele� except that �n �fll �� approval and Iocation of �yg receptacle is required by the S 2,, permit Applicatioa. ,1 � Application for a si¢n permit shall be made to the Z��Sid� J�¢�C��x�`tiZ�t Gi ty on forms suDnlied bv the__ tv. Z$... If a sign tt�txri�ft��tE� 1�7� ��t�i�x has not been L�i�xdZ�� ereeted �►ithin ninety (9Q) days after the date of issuance of �St��[ $ permit, the permit shall become null and void unless an extension is granted by the D��Id�� T�i��Z�[�tS D��t��ifG Citv. $� The z��g �a��;c�xt�x�t S�S.�c may require other information ��¢t��i� ��i�'¢Z� ,,,� necessarv to insure that thQ sian �s erected in comr��n ianc� with this Chanter. � 3,l pgrmit Fees. ySjgp permit fees t��i$ ��t�i�`�1!i��S d�x�d shall be as provided in Chapter 11 of the Fridley City Code. . ► � �; ► ; _• : �� ,r E ��ri�� F��d�c a�,�i. No person� firm or corporation shall engage in the business of erecting signs under this Chapter unless � license� to do so �t'E has been approved by the Citv Couneil. �t��K I��f�� 7� i6E lkt�llxE� X�� xKE ��x� Q�dti��,i �[tx��" �4t�xZ�d ��x��d x� xn! f��Z� BZEt`lt,l The annual license fee and expiration date shall be as provided in Chapter 11 of the Fridley City Code. �aaiz��Er��i�n�xzix�xEi�rt��ziz�z�zizx,�iz�,��,��,� �SHAXZ/t�XE/►dixN/ZYi�/�iZ�►/1�XEtKI/d/�d�"�d�`�zk/B�'`,Ext/l��/��'I/ZK� �6J�/dfl�,1,�P100/t�fi�/��iAtJ!�bfi��/ZK�ZIxN�/X�L'E�itE�E/�KtlZII k��t�l��1 Zblt�X�/// zn�i��a��;ca�s�arrzx�ei,�x�,�z�r�i�i�r��rti�r�aix�xaixx�i��zttrtz,�ii t;r,�iatrt,�,��isr�Ai�r�x��in��ex,��itta�i��ria��i6�i�za�� ,��xz�t�t,�a��iar�ir��z�z�eit�ixx,�ikr�e,�zt��ar�i��tr�z�,�,��iati�r�► �t�/�tYi/xiik/l��z�!/�7�/xN�/Z��Ea'i�d��. A license ��5� l��li� shall not be required of any person �i��X��drIr0Y1sl��liridt �1i��kQ/�ri/�Yik/�Yf�S�fi��/Qt/E�`��zit�lA1�� kho chooses to construct and erect their oitn sign on their aWn property. �'✓ZHk/��k��SZ��uS/��'�Aiixx�'d/�l�/S��xid11/2�tM,[�S�/1��,�/fiHt�X�/t��X�/4tiXt// x�ixn�i�,��,��,�,�z�i�atisi��r��ziar�ia�ir��i��Qi�x�zzi,�azi� ��t�xt��m��tkX�t�r��izx�i��x�zz��iar�xn�i��i��it�r�a�,t�tld�r�i ��a��t�zfi�rv�an��nizn�i��it�ixa��x+�airto�i��t�t��,��t�r�a�zxixn�i�zn,�t ��t�t�t�rt��tixx��,�x�z��t 3Q �Sisa Ere�ars� License Rgq�{rements xia-ia �� - EXT�T?NC SIGNS p � �,�,gp Haintenanae. ,T �,, The structure and surfaces of all aigns sha11 be maintained in a safe �, presentable ��5�� xttd�xYltt�� x�t��i� condition at all times, including �j,g replacement of defective parts� painting, repainting, cleaning and other acts required to prevent the sign structure and surface from becoming hazardous or unkempt in appearance. x� iihen any sign t�t �bl'i��! tt �Et�x �[d t`EQd�t�`Ed Z�l�'Sirig II��,irii�xt�tx�t` shall be notified and the ��i��ixd strueture shall be removed. g� �C�6xi�fi� Ett�� ygaa� Nonconform{ ng St ¢ns. is removed, the Citv entire sign and its �ii�t��i�x;��nxkira�irxkgaxit�r��rsrat��t�ri�z�x�a�s,c �( � Any sign located Within the City I1[��Z� on the date of ,L„21g adoption of this d�`d�.�S�tli�� Chaoter, which does not conform with the provisions of this �t�i�l��i!! Cha�ter, is Eit�illld d� a"legal nonconforming" sign and is permitted, provided it also meets the folloWing requirements: (1) The sign Was covered by a sign permit on the date of the adoption of this dt'��ddn�E �ha�ter, if one Was required under applicable laW� or (2) If no sign permit �as required d�I�Et iL��x��1�I� ��t� for the sign in question� the sign Was in all respects in compliance with applicable law on the date of the adoption of this ��dil��(1�EE Chaoter• ziix,�a�iarirz��.xi,�r�a�r,��,�ri�t�x,��r �( � A 1Z¢$�(j l��dk�/ir�l��it1S�! sign shall immediately lose its "legal nonconforming" designation if: (1) The sign is altered in any xay id �Sx�`d�L�ItE, Which makes the sign less in eompliance With the requirements of this ��"�It�S�(1�� ChaDter than it was before the alteratioas except for� �i�t�t�l toutine maintenance and change of inessages.,� �t (2) The sign is reloeated.j dt (3) The sign is replaced.,� dt (�) The sign becomes dilapidated or damaged and the coat of bringing �� 5� into compliance is more than 50 percent (50%) of the ��i��E value of said sign, xn��l L1�E �E��t��i�kt �� x�E �� id i6 !SE t��d��i�� at �.hteh �{me a>> of the sia�n_ and its stru re must be removed. 3R Exist�nQ ��.BII� 214-19 a ,3,� Abandoned signs: E7�fi��z/�1�/�iz�:¢�`�I��E/�Y`dy��d�/t�i/xK��/dtQt�d��E Any sign Which identifies a �6�E��[�i��l� use that has �z��E�l discontinued operation for a period of more �� three (3) awnths �t' t�t'E,� or any sign Which pertains io a time, event, or purpose Which no longer applies, shall be deemed to have been abandoned. Permanent aigns applicable to a business temporarily suspended because of a change of ownership or management dt �ld�ki �d ��t�¢�� shall aot be deemed abandoned unless the property remains vacant for a period of more than three (3� months �t �tE. An abandoned sign is prohibited and shall be removed by the oxner of the sign or the d�6�lEt �6t xK! �t`�l�i�E� prooertv owner• z�14108 2� � . � a . ENFORCEI�NT Al / /Z6�fi�/ l�d�,t fi'[�xt�.x b�`/ �t� �¢b1�i�4��6ZR��t The ��i,ttl� R��i��i�dxt�Zd� !ft cifv Mana�er or desianated agent shall be responsible for the enforeement of this Chapter. D 214.19. ��6I�ix�tSti �f �6d� VIOLATIONS. 1. Any sign that does aot comply With the provisions of this Chapter � that {s a h�,Tard to the health safety �nd aener__��,� f re of the �ublic is herebv dec�ared to be in violat+on of this Chanter. �ii�,�t�,r✓zx�zi�,�i�ix�s�eizaixK�i��r�zti��ei�a�zr�.��iarizn�i��z�,�t �� Notificatioa of Violation dt Bdd�. � A.. If the Z�fii�i$ J��iG,t�itlSxtt�xtdt �t tt��fr�� diS�tZZ tt�i� ��3' determt r� that any sign regulated by this Chapter is unsafe, �n��ld�� or id a menace to the public; or has been construeted or ereeted Without a permit first being granted to Lhe owner of the property upon �►hich said sign has been erected; or is in violation of any other provision of this Chapter, dd1[d d�tt�i�'L�[�Sxt�Z�t �d7:��X �.�¢ ,�hen the Citv s�j�l { ss�e a Kritten notice l�� ¢tx�[t,tEd �� t�x�t�i t'��i�L t�EQ��xLd� of f�d�K Qi violation d1' � the proDertv o�ner t��1�I !it ��'d�r ��ZQ1Et xn�t�dt. IP the oWner fails to remove bt �id.rEt` the sign d� ��d x� �� or brin� it into com�liance With the provisions d�r t¢�txH t�l � this Chapter Within trrenty (20) calendar days following ��E�L�x the date of said notice, such sign(s) may be removed by the City. The eost of this removal, ineluding anv City expenses, shall be ��S a special assessment against the property upon Whieh the sign(s) i1S vas Iocated and shaZl be so noted in tbe �rritten notice to the �ronertv arner ��d tdt` idEt�tZ K��d�1�. Z$� The z�s'iti'ig I�aS�t'i�dZt�tZ�t 0t` �t��z�S .�i�.Y may cause any sign or 6�K�t t(0�i�txi��t�i� ��SA structure vhieh is an immediate public hazard, to be removed s�marily after a reasonable attempt has been made to have the �roperiv oxner �t�ltd ��" ��t�ix �idl0f�t' remove the sign ��d��xElt• 3S EntorcemenL Violationa ��i��p�:r 114-20 ___ _. �� When the City �E�i�� il,g the notice of violation, xHE� l��Z� �E�id ¢�� SoDies �aill be sen� to both the permit holder and the Zi�l��d�6�Et grQperty owner, if they are different �rsons. p 21 u. 20 . PENALTY Fm�t �10�J[?�0X 0Y �OD�. Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of the Fridley City Code. Each day the violatio n co ntinues in existence ahall be deemed a separate violatioa. All signs are subject to �ddlK anv penalty fori violation of the distriet requirements �l xK� ��.�x��x l��xl��i �6n��n ]dhgrg they are located� even zn��n zn�$ �� r��x �� When not required � f xn��S E�S��Sx�t to pay a fee or acquire a per�it. B 214.21. APPEALS. To provide for a reasonable interpretation of the provisions of this Chapter, a permit applicant Who Wishes to appeal an interpretation by the Z6�'l��i� IId�Y��Z��(x�t Citv may file a�i�r�t�E �� Ett�� Z?! xKE ��ii�l� ��!�.��!��zt��r�t variance aDnlication and request a hearing before the Appeals Commission. The Commission shall hear �.��E��d d��l/d� requests � yariances and make their recommendation to the City Couneil in the folloWing cases: ,T ,1,,. Appeals Where it is alleged that there is an error in any order, requirement, decision or determination made by the :(A�61[�i��xt`�(itli� �tt�i�lt` Citv in the enforcement of this Chapter. 2 2� Requests for varianees from the literal provisions of this Chapter in i.nstances xhere the strict enforcement Would eause an undue hardship. Before the Commission shall grant a varianee, iL is the responsibility of the applicant to prove: ��,, That there are exeeptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and �Oiy1�[� distriet. 2� That the variance is necessary for the preservation and enjoyment of a substantial properiy right possessed by other property in the same v�cinity and ��t�¢ distriet; but Which is denied to the property in question. a,� That the strict application of the dt�it�i�I�l�! S�'�aDter would constitute � unnecessary hardship. �( Q� That the granting of the variance Would not be materially detrimental to the public health_� safetq or Qeneral welfare or �ri�tilt�[dd� �etrimental to the property �t" ��"��16¢�SL� in �kl�lS � vicinity or �Edn¢ distriet in Whieh the property is located. 3T Penalty For Violation Appeals 214-21 z��c«x �r�� n��a�� z�� r xx� ��t ��xt �ad� �� x ��c�z,�e �r��,�� ze zx� �ea�z�a� er xr�c� 6�a��k t,s n,��t t,��a�u��. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1984• WILLIAM J.NEE - Mayor ATTEST: SIDNEY C. INMAN - City Clerk First Reading: Second Reading: Publication• 3/0/2/37 3U 214-22 � CITY OF FRIDLEY PLAtJNING COMMISSION MEETING, JANUARY 11, 1984 CALL TO ORDER: Chairwoman Schnabel called the January 11, 1984, Planning Commission meeting to order at 7:37 p.m. ROLL CALL: Menbers Present: Ms. Schnabel, Mr. Oquist, Ms. Gabel, Mr. Kondrick, Mr. Goodspeed Menbers Absent: Mr. Saba, Mr. Svanda Otl�ers Present: Jerrold Boardman, City Planner Allen Fehn, 1251 Hillwind Rd. Allen Singer, 1450 Rice Creek Rd. Carol Fassett, 1001 Lynde Or. Janice & Charles Sheridan,1313 Hillwind Rd. Bob Aldrich� Fridley Fire Chief APPROVAL OF DECEMBER 7, 1983, PLANNING COMMISSION MINUTES: ' M.OTION BY MR. KONDRICK� SECONDED BY MR. OQUIST� TD APPP.OVE THE DEC. 7� 1983� PLAN11I1�'G COM.MISSION MINUTES. Mr. Goodspeed made the following addition on page 6, between paragraphs l�. and 2: "Mr. Goodspeed asked how many parking stalls there were on the east side of the parking lot after the width was corrected." UPON A VDICE WTE� ALL VOTING AYE� CXAIRWOMAN SCXNABEL DECLARED THE !�lINUTES APPROVED AS AMENDEp. 1. PJ6LIC HEARING: COPJSIDERATION OF A PRELIMINARY PLATz P.S. #83-01, �'STERt� RIDGE ESTATES BY ALLEN FEHN: Being a replat of Part of Lots 1 an3�or� s ubdivision No. 94, and highway t�rnback property at ti�e ��ortheast Quadrant of I-694 and TH 65 on Hillwind Road.(See public hearing notice for complete description.) MOTIG6v BY 1NR. KAtiDRICK� SEG�ONDED BY MS. GABEL� TO OPEN THE PUBLIC HEAP.ING Ol�' PS l�83-01 BY ALLEN FEfIN. UP01J A VOICE VOTE� ALL VOTING AYE� CHAIRW013AN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 7:4I P.X. Mr. Boardman stated there is a section of property that actually goes along the bottom of the hillside that was part of state right-of-way. That state right-of-way has all been turned back to*.to the City. The City is looking at turning back a portion of the state right-of-way that is now city right- of-way to the property owner making this entire section as buildable property. / 4A PLANNIrrG COMMISSION MEETING L JANUARY 11, 1984 _ PAGE 2 Mr. Boardman stated tf�ere is a proposal for the splitting off of the property and making all the section from R-2 all the way up and including the City right-of-way as a buildable project. He stated Mr. Fehn is not only requiring the preliminary plat, but is also requesting a rezoning (item 2). Mr. Boardman stated the proposal Mr. Fehn is requesting is for 8 townhouse- type rental units side by side with access to Hillwind Road and under-unit parking. It will all be done on one lot. There are no individual lots so it is not a townhouse development. He is doing it this way for the eventual possibility of splitting off for condominiums. Mr. Boardman stated Mr. Fehn was in the audience. Mr. Fehn stated they have a very complicated situation here. He stated it is a very difficult piece of property because of the turnback and R1, R2, and R3 zoning. He would like to develop it in a manner so that it becomes a viable piece of property for the City and for himself. He stated he is proposing to the City of Fridley that if they will turn a portion of the turnback to him, he will develop it. He stated he also owns the existing double bungalow on Parcel C. Mr. Fehn stated the problem with the property in Parcels B and C is that it is all on a hill. There is no sewer available to this area. There is water coming down on Hillwind Road, and they can extend electrical and gas from the house he owns. He is proposing to put in the proper sewer structures to facilitate the constr.uction he is proposing. Mr. Fehn stated the property the City now owns is sor.iewhat possible to build on if it is tied in with the other parcels. The property would be used to facilitate a driveway in from Hillwind Road to these buildings. He stated the buildings will be built into the side of the hill. They will be 3-story buildings--garage on the bottom level,�living quarters on �he second level. and bedrooms on the third level. 1�lOTION BY l�t. GOODSPEED� SEOONDED BY MR. OQUIST� TO CLOSE THE PUBLIC HEARING ON P.S. N83-OI BY ALLEN FEHN. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED TXE PUBLIC HEARING CIASED AT 8:01 P.I�l. Ms. Schnabel asked Mr. Boardman when the City would make the decision on whether or not to release the turnback property. Mr. Boardman stated this will all be considered by the City Council at one time. When the City Council is considering the preliminary plat, re2oning, etc., they will also be considering the turnback release. Mr. Oquist stated he thought the replat was a viable thing in order to make a buildable plat. 48 Pia';NING COMMISSION MEETING, JANUARY 11, 1984 PAGE 3 MOTION BY 1NR. OQUIST, SEC�ONDED BY INR. KONDRICK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF A PRELIHItiARY PIAT, P.S. N83-01, f►'ESTERN RIDGE ESTATES, BY ALLEN FEHN, BEING A REPLAT OF PARTS OF LOTS I AND 2, AUDITOR"5 SUBDIVISIDN ND. 90, AND AIGHk'AY TURNBACK PROPERTY AT TXE NORTHEAST QUADRANT OF I-694 and TH 65 ON NILLiJIND ROAD, iJITX THE FOLIDWING STIPULATIONS: 2. 25 FT. DRAINAGE/UTILITY EASEMENT THAT GOES THRDUGH TXE CENTER OF TXE PROPERTY WHERE THE EXISTING DRAINGE GDES. ?. ID FT. SLOPE EASEMENT JILONG HILI1+'IND ROAD FOR SNOfJ STORAGE. 3. ANY IMPROVEMENT ON STORM SEWER THRDUGH PROPERTY BE AT EXPENSE OF TXE DEYELOPER. Q. STORM (4ATER QUALITY AND QUANTITY AGREEMENT WITH AA7ACENT PROPERTY TD THE NORTX. 5. APPRDVAL OF THE RICE CREEK WATERSHED DISTRICT t+�ITH ALL PLAJVS FOR DRAINAGE COMING TO THE CITY ENGINEER FOR APPROVAL. 6. LIfT STATION BE PLACE IN SUCH A PlENNER ON THE SITE SO TXE CITY CAN 2�OOK FOR FUTURE GRAVITY FZ�OW TO TXE J110RTH. ti 7. PARK FEE REQUIREMENT. The petition, Mr. Fehn, was in agreerrent with these stipulations. . D�ON A VOICE VOTE, ALL VOTZNG AYE, CHAIRWOMAN SCHhABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: REZONING REQUEST, IOA �83-04, BY ALLEN FEHN: Rezone any part of Proposed Lot 1, Western Ridge Estates, to R-3 that is not already zoned R-3 (general multiple dwellings) as part.of the Lot is zoned R-1 (one family dwellings) and R-2 (two family-, dwellings) to allow the development of an 8 unit towohouse type of development; and rezone any part of proposed Lot 2, Western Ridge Estates to R-2 (two family dwellings)that is not already zoned R-2 (part of the lot is zoned R-1 (one family dwellings) for an existing double bungalow at 1250 Hillwind Road (See public hearing notice for complete • legal description): _ _ _ � JNOTIOh' BY 1KR. XQyDRICK� SECCri'L1ED BY KS. GABEL� TD OPEN THE PITBLIC XEARING Ol� ZOA A83-00 9Y JILI�N FEXN� UPOh A VDICE VOTE, ALL VOTING Al�� CHRIRb70M�W SQINABEL DECLAItED TBE PUBLIC BEARING OPEN AT 8:12 P.r. Mr. Boardman stated that. essentially, r,fi at they are trying to do with this request is clean up the zoning so it is contiguous with the lot lines. Ms. Schnabel asked M�. Fehn to outline what he was proposing. I 4C PLA�"�'�1NG COMN�ISSION MEETING JANUARY 11 1984 � PAGE 4 Mr. Fehn stated he is asking for a rezoning to R-3 to c7ean up the zoning in order to facilitate the development of a townhouse-type development for rental application. In the R-3, he is proposin9 a double bungalow and then three other structures, essentially six units tied together. In order to get the units built into the hill, get a road around the back. put in water and sewer, and make this project a financially viable situation� fie is asking for this type of rezoning. In order to accom�odate townhouses. he has to be in R-3. If it remained R-2 zoning and he relegated the develppment to double bungalows, it would not made any sense economically. Mr. Fehn stated the doub7e bungalow would be of the same quality as the one he is living in. The rental unit he presently has rents for s650/month. The other units will rent for approximately the same price. Ne has to have high quality, high rental units. in order to facilitate the cost of the units and to facilitate the number of units he is proposing. Mr. Kondrick asked about the square footage per floor in the townhouses. Mr. Fehn stated per floor, there would be about 600 sq. ft., 1200 sq. ft. of rental with the two floors plus the garage unit below plus storage. Total for all three levels was 1.800 co. ft. The double bunaalow would have a slightly different configuration. That 2-story building would be comparable in size to the existing one which is about 1,100 sq.�t. of living space plus garage. Ms. Gabel asked if any variances were needed on the northerly corner. Mr. Boardman stated that Mr. Fehn will be going through a variance process also. Those variance requests will be going through the appeals process and all requests will go to the City Council at the same time. Mr. Fehn stated he is also proposing an underground storage/maintenance structure. 35 ft. x 40 ft.. in the northeast corner. The entrance to that building will face west. Ms. Gabel asked why Mr. Fefin was Proposing a double bungalow instead of just making continuous townhouse units. Mr. Fehn stated there is a culvert coning across from the freeway that pre- d�termines what he can do with the property. It provides a drainage easement between the two properties. Ms. Schnabel asked about drainage around the units. Mr. Fehn stated that was a difficult problem and one of the costly aspects of this project because of the steep hill. He stated they do have a plan to take care of the drainage. Mr. Boardman stated this Nill require Rice �reek Watershed District approval. Ms. Schnabel asked if there was anyone in the audience Who would like to make any comments. _ � - 4D Pla'�hING COMMISSION MEETIN6 JANUARY 11 1984 PAGE 5 Mr. Charles Sheridan. 1313 Hillwind Rd., stated he was concerned that with the rezoning to R-3. they would be opening.the door to more R-3 developments in this ahea•aresinaa closedfarea and�it9isna hardaareatto�getdinfandlout of. because t ey There is already a terrible traffic problem. Ms. Carol Fassett, 1001 Lynde Dr., stated that if the land is rezoned to R-3. Mr. Fehn is proposing a total of 8 units. With the square footage of the property, how many units would be possible? Mr. Boardman stated that with the square footage, Mr. Fehn could put in a tota] of 12 units. If the land remained R-2. he could put in 6 units. Ms. Schnabel asked when Mr. Fehn proposed starting construction. Mr. Fehn stated that if all the requests are approved. he hoped to start construction in the spring. The financial situation looks favorable. Ms. Schnabel asked Mr. fehn if he planned to construct all the units at one time or was he going to do a phase at a time? Mr. Fehn stated he would like to have that flexibility. He hoped Lo be able to do it all at one time, but if he would have to do it in segments, he would like that option. Hopefully. it would all be completed in 1984. Ms. Schnabel stated the comrnent was made that there would be the potential in the future for selling the units off as condominiums. She asked Mr. Boardman how that would be handled in terms of the land itself. Mr. Boardman stated that generally a condominium plat is a plat that is submitted directly to the county. There would be an association. The lot underneath the units is not split, just the units themselves are split. So� all the land, including the land under the buildings, is owned commonly by the association. Ms. Schnabel asked if it was possible to split the units into townhouses. Mr. Boardman stated it was possible. There would have to be a replat. because ther? would be a splitting of land for townhouses, and there are variance requirements. Ii w�uld still require an association. Ms. fassett stated'that a couple of years ago. there was a proposal before the Planning Cormission for an aparLnent complex behind the swamp back on the hill. At that time, the neighborhood decided that what they could live with in that area, because of the density of rental units already in this area. was owner-occupied multiple dwelling units. She realized the units proposed by Mr. Fehn were going to be high quality, but she wanted to register some concern about these units being rental units. She would be much more comfortable if Mr. Fehn was building the units to sell. She stated she lived right on the corner by the apartment buildings, and there are a lot of traffic problems, children problems, and other problems associated with living next door to an apartment building and the density of it. She stated she had talked to some of �er neighbors and this was the concern that came f rom the neighborhood. ..,_._ ..._.��. - - - 4E . PLAhNING COhLMISSION MEETING� JANUARY 11, 1984 PAGE 6 Mr. Kondrick stated he felt one thing that will cane into pl�y with this is that it is going to cost a lot to build those units. Ms. Janet Sheridan. 1313 Hillwind Rd., stated it seemed they had their share of rental units in this area as compared to other areas in Fridley. Ms. Schnabel stated she realized the biggest drawback in this area was the intersection at Old Central/Highway 65/Hackmann. Mr. Boardman stated the City Council has channeled some CDBG monies to do traffic studies on that intersection, along with several other intersections. There will be a major traffic analysis and recommendations from a consulting firm. Ms. Schnabel stated the Planning Corrvnission would like to have a chance to review that traffic analysis when it is done. MOTICkV BY l�IIt. RONDRIIX� SEC�CWDED BY J�2. OQUIST� R�O CL0.SE TXE PUBLIC BEARING ON ZOA M83-00 BY ALLEN FEi1N. UPON A VOICE VOTE� ALL YOTING AYE� CXAIRWOI�IAIV SC.FlNABEL DECLARED THE PUBLIC BEARING CL0.SED AT 8:50 P.M. : Mr. Goodspeed stated he had heard a lot of concern about more renters in this neighborhood. As he understood it, a person can rent out a unit no matter what the zoning, R1, R2, or R3. He stated that if the Planning CorTmission approved this zoning, was the rezoning contingent upon the plan presented by Mr. Fehn? Mr. Boardman stated it is sometimes done that way. Just a rezoning itself does not necessarily restrict property to a development. 1Jhat the City Council has done in the past is to have the first and second reading on the rezoning, but they will not publish the actual rezoning until the building permit is applied for. Ms. Schnabel asked if the Planning Commission could approve the rezoning contingent upon this specific proposal. • � M�r, Boardman stated they could put stipulations on the rezoning if they chose to do so, but he did not know if there were any legal ramifications at sane point down the line if the petitioner did not develop the property as proposed. � Mr. Kondrick stated the property is such that the developer is pretty limited as to what can actually be built there. Mr. Goodspeed stated the area they are talking about for rezoning is a very small area compared to the larger picture. He stated there Was also the comnent about traffic. Regardless of what development goes in there. there is going to be just as much traffic, whether renta7 traffic or homeowner traffic. He stated he was in favor of the rezoning. 0 4F PLtL',t�ING COM�IISSION MEETING, JANUARY 11, 1984 . PAGE 7 INOTIDN BY l7R. GOOD SPEED, SEC�ONDED BY PlR. Oj�UIST, TO RECOMMEND TO CITY C�OUNCIL APPROVAL OF REZONING REpUEST, ZDA N 83-04, BY ALLEY FENN, Zb RE20NE ANY PART OF PROPOS£D IAT 1, WESTERN RIDGE ESTATES, TO R-3 THAT IS NOT ALREADY ZONEb R-3 (GEtiERAL MULTIPLE DRELLING9 AS PART OF THE LOT IS 20b'ED J�1 (ONE FAMILY DWELLINL'9 AT�D R-� (TWD FAMILY DWELLINGS) to aIIow the development of an B--UNIT TOWA'NDUSE TYPE OF DEVELOPMENT: AND REZONE ANY PART OF PROPOSED LOT ?, i�ESTERN RIDGE ESTATES• TO R-Z (Th�O FAMILY DWELLINGS) THAT IS NOT ALREADY ZONED R-? (PART OF THE IS ZONED R-1 (ONE FA1�:ILY DwELLINGS) FOR AN EXISTING DOUBLE BUNGAI�OW AT 1251 HILISJIND ROAD, h'ITH HO STIPULATI0IVS. UPON A VOICB VOTE, ALL VOTING AYE, CNAIRWOMAN SCHNABEL DECLARED TXE PJOTIDN CARRIED UNANIMOUSLY. Mr. Boardman said these minutes would be going to the City Council on January 23rd and the Council would set tt�e public hearing for February 27th. 3. LOT S�tIT REQUEST, L.S. �183-06 BY ALLEN E. SINGER: Sp1it off the �asterly f3 feet of Lots 1- 5, except that part platted as Heather Hills. intluding adjacent 1/2 of alley. now vacated, along with vacated Colfax Street as platted, now vacated, along with the Westerly 27.26 feet of Lot 10. Auditor's Subdivision No. 22, except that part platted as Rice Creek Estates 2nd Addition, and except Parcel 1860 and 1870. to t�ake a new building site, the same being 1490 Rice Creek Road N.E., located between 1450 and 1500 Rice Creek Road N.E. Mr. 6oardman stated the petitioner is requesting to split off the easter7y porti�n of the property into two lots, one lot would be 74 ft. wide and the other lot would he 73 ft. wide. 7he lots are very deep. 230 ft. and 215 ft. Mr. Singer is also going through the variance process on the width of the lots from 75 ft. to 74 ft. and 73 ft. He stated the lot split will not be established until the variances are granted. He stated one stfpu- lation should be that all three new lots must be recorded at Anoka County before permits are issued. Another stipulation would be for a 15 ft. bikeway/walkway easemeni a�ong Rice Creek Road. INO:ION BY MR. OQUIST� SECONDED BY MR. GOODSPEED, TO RECG�l:1�ND TO CITY CC:?:CI� l.PPROVAL OF LOT SPI.IT REQUEST� L.S. N83-06� 8Y ALLEN E. SINGER� TO SPLIT OFF THE EASTERLY 13 FEET OF LOTS 1- I5� EXCEPT 2XAT PART PLATTED �.S fiE'.�:HER XILLS� ZNCLUDING ALVACENT 1/? OF ALZ,E'Y� NOW YACATED� ALONG WITIi VACATED COLFAX STREET AS PIATTED� N0�7 VACATED� ALONG WZTH THE WESTERLY 27.26 FEET OF LOT I0� AUDITOR`S SUBDIVISION NO. ?2� EXCEPT THAT PART PLATTED AS RICE CREEK ESTATES 2ND ADDITZON, AND EXCEPT PARCEL I860 AND 1870 �� XA1� A A'EW 9UILDING SITE, THE SAI� BEING I490 RICE CREEK ROAD N.£., LOCATED �E:Z;E£N 1450 AIVD 2500 RICE CREEK ROAD N.E. � iIITX TiIE FOI.LOGISNG STIPULATIONSs .I. 15 FT. BIKEWAY/WALKWAY EASEI�NT AI.QIVG RICE CREEK RQAD ?. PARK FEE 3. ALL THREE LOTS MUST 3E RECORD£D AT ANOKA COUNTY BEF1�R£ �NY PERMITS ARE ISSUED. pPON A VOICE WTE, ALL VOTING aYE� CHAIRWDY.AN SCi1AABEL DECLARED THE !►IDTION CARRIED i1NAllI1�l�USLI'. , Mr. Boardman stated this request and the variance request would go to City Counci] on Feb. 6. , ---- _�_. -- PLA'�'�ING COh'�""ISSION MEETING, JANUARY 11, 1984 PAGE 6 �. c��Ri Tr. NFARTNG� CorvslDERATION OF A PROPOSED ORJINANCE AMENDING CHAPTER l�lOTIDN BY XR. GDODSPEED� SELbNDED BY !!R. KONDRICK� � OPEN THE PUBLIC NEARING. iTPQN A VDICE WTE� ALL YOTINC AYE� CHAIRWOMAN SCHNABEL DECLARED TXE PiIBLIC HEARING OPEN AT 9:22 P.N. Mr. Bob Aldrich, Fire Chief for the City of Fridley, stated some back- ground information might be helpful to the Planning Commission in under- standing why they are proposing to put what appears to be a construction feature in the Zoning Code. Mr. Aldrich stated that prior to 1980 when the State of Minnesota adopted the 79 Building Code which was a mini/maxi code (meaning they could not be any less than or any greater than the code). they had a feature in their local ordinances that treated building codes that set certain limits that were defined as fire limits�and within those limits� they had some rather restrictive controls on the size of commer�ial. industrial, and multiple dwelling buildings. With the adoption of the code in 1980� the State knocked out the ability of local governments to incorporate fire limits as part of the building code; and in doing so� they knocked out a considerable degree of fire protection requirements the City had� going almost back to 1965 when he worked with the code. Mr. Aldrich stated there has been a considerable amount of agitation throughout the state by fire service people and himself in that they did not feel the State should pre-empt local units of government from deter- mining what levels of fire protection the community should accept. That was the opinion of most of the fire chiefs in the state. Mr. Aldrich stated that after a lot of pressure from the fire service� they were able to get the State to acquiesce and develop a.document that is kno►,�n as Appendir. E, which is primarily a sprinkler ordinance. Once again, the State did the same thing, they presumed to tell local units of government that they either buy it all or not buy any of it at all. Mr. Aldrich stated he took Appendix E before the City Council. They had their first reading on it, and the City Council and City Administration asked him to look through the community seeking input. He stated he did this, primariiy through the Chamber of Commerce. Ne stated Appendix E is considerably more restrictive than what he is proposing they put in the Zoning Code now. He stated two comments were received, and both comments were cleared up after explaining the standards. The concerns primarily dealt with retroactivity. and there isn't a retroactive feature per se in Appendix E. There is a retroactive feature in Section 205.048 which they are proposing be added to the Zoning Code. 4G 4H PL�'�NING COMMISSION MEETING,L JANUARY 11, 1984 PAGE 9 Mr. Aldrich stated that brings them to where they are now. He could perhaps go back to the City Council and get a second reading on Appendix E�hith is even more restrictive than is necessary in the City of Fridley. The reason they are looking at the Zoning Code as the place to carry this particular standard is because it is a rather broad spectrum ordinance that deals with the general health, safety. and welfare of the canmunity and also sets standards in other areas of construction so, at least in his opinion� there is a nominal and coincidental link between building construction standards in the Zoning Code. Mr. Aldrich stated that after discussing this with some other staff people in the City and Mr. Qureshi. City Manager. and in keeping with his own feelings that Appendix E is more restrictive than is necessary. they felt the best way was to put this in the Zoning Code. The procedure for Zoning Code amendnents require that they be handled through the Planning Comnission with a public hearing. Mr. Aldrich stated there are 2-3 areas that carry a lot of impact as far as he was concerned. One of the chief areas is that by sprinkling a building, you increase the safety factor for fire fighters markedly, reduce the risks for them� and that is a very important aspect. Mr. Aldrich stated another think that is equally important to the � cor�nunity as a whole is that with the adoption of a requirement that builders and developers assume some of the burden of fire protecti�n in their own right as opposed to making it a public burden all the way� they can limit to a high degree the resource commitment of the community, as far as providing fire protection. He would suggest he c�uld probably get by with 1/8 of the fire department personnel he has now if he had nothing more to protect than single family residences. So. it does have an economic impact upon the comnunity as a whole and makes the job a lot safer for those Who do it. .: Mr. Aldrich stated they feel that what they are proposing really strikes a happy medium. He felt the benefits to the comr�unity as a whole far outweighed the disadvantages to the individual builder. As fire chief. his primary role was to do what was in the best interests of the greatest number of people in the community. He stated Brooklyn Center and Plymouth are e��en more restrictive than the state and it has not hampered development in those two communities. Ms. Gabel stated she did not feel the members of the Planning Commission were knowledgeable enough to argue with what Mr. Aldrich was recommending. She stated she respected what he did. She had a lot of faith in his recommendation� and if he felt this was in the best interests of the people of Fridley, she was comfortable with that recomrnendation. Ms. Schnabel agreed and stated that with some of the new construction that is going on like motels and hotels. she felt it was important to have sanething like Mr. Aldrich was proposing. PLAN�tING COM�ISSION MEETING, JANUARY 11, 1984 �• �� • PAGE 10 Mr. Aldrich stated that if the members of the Planning Commission ever had any questions, they w►ere to feel free to call him at the office. Ms. Schnabel thanked Mr. Aldrich for coming to the meeting and explaining this. It had been very interesting. Mr. Boardman reviewed the remaining recom�ended changes to Chapter 205. Ne stated that all of the other changes were clean-up changes for better clarification. !�lOTIA'� BY XR. OQUIST� SEC�ONDED BY I�i. KGWDRICK� TO CLOSE THE PUBLIC XEARING. . �.__ UPG1N A VOIC� VOTE� ALL VOTING AYE, CHAZ�JOMAN SCHNABEL DECLARED TNE PUBLZC HEARSNG CLOSED AT 20:26 P.1�J. NOTION BY IrlR. OQUIST� SECGINDED BY J�2. G1�OASPEED� TO REC)DMMEND T�D CITY OOt1NCIL APPROVAL OF A PROPOSED ORDIN�'.NCE A1'�NDING CiiAPTER ?OS OF THE FRIDLEY CITY CUDE ENTITZFD "ZGINING" BY ADDING SECTION ?05.008� FIRE PROTECTION REQUIRS 1�NT5, AND MAKING 501'� Cf1ANGES IN SECTIO►NS 205.044, 205.046, 205.073, ?05.070, ?05.086, 205.1?1, 205.231, 205.241, 205.I52, 205.262, 205.28I AND ?05.2 B2. , UPON A VOICE VDTE� ALL VOTING AYE� CNAIRWOHAN SCNNA3EL DECLARED THE !lOTION CARRIED UNAIr'S1�USLY. 5. RECEIVE NOVEMBER 29, 1983, ENERGY COMMISSION MINUTES: 1�lOTIDN BY J�2. OQUIST� SECCXJLtED BY P1R. X01tiDRIQC� TO RECEIVE NOV. 29� 1983� EhERGY COMMISSION PIINUTES. UPON A VOICE VDTE,ALL VOTING AYE, CXAIRIIOMAN SCiINABEL DECLARED THE 1NOTIO�N CARRIED UNAAIMOUSLY. 6. RECEIVE DECEMBER 1, 1983, HUr1Atd RESOURCES CONMJSSION MINUTES: 1MOTION BY JNR. GGI�ASPEED� SELt�NDED 8Y PIl4. OQUIST� Tt� RECEIVE THE DEC. 1� 1983� H;; �:.�,:: RES�URCES COMMISSIQN flINUTES. UP� A VDICE VOTE� ALL VOTI11'G AYE� CHAIRIJOMAN SCNNABEL DECI.ARED TXE 1NOTIDN CARRIED UNANII�USLY. ADJOUR��MENT: ' �10TION BY J�II2. KONDRICK� SECONDED BY J�2. OQUIST, TO ALVDURN TXE J�'ETING. UPON A WICE VOTE� ALL VOTING AYE� CHAIRi�DMAN SCHNABEL DECI.AFiED THE JAN. 21� 1984� PU4tJNING COMMISSICW NEETING AA70URNED AT 10:45 P.II. Respectfully su itted. � Q� ynh �a a / Recording Secretary � � 4I J CITY OF FRIDLEY CHARTER COMMISSION MEETING, NOVEMBER 17, 1983 CALL TO ORDER: Chairperson Starwalt called the November 17, 1983, Charter Carmission meeting to order at 7:30 p.m. ROLL CALL: Mer�bers Present: Walt Starwalt, Peter Treuenfels, Donald Betzold, David Pinks, Pat Kindom, Bruce Nelson, Bob Pierce, Irene Maertens. Susan Jackson Meribers Absent: Ralph Stouffer, Robert Peterson, Larry Com�ers. Robert Schmidt, Francis van Dan, Margaret Hendley Others Present: Bill Hunt, Administrative Assistant APPROVAL OF OCTOBER 20 z 1983L CHARTER COPIMISSION MINUTES: MOTION by Mr. Pinks, seconded by Ms. Jackson, to approve the Oct. 20, 1983, �arter Commission minutes as written. Upon a voice vote, all voting aye, Chairperson Starwalt declared the motion carried unanimously. 1. REPORT FROM COMMITTEE ON SECTIOP� 5.13 A�JD 5.15: Ms. Jackson stated that one of the issues that came up in the discussion at the last meeting was the definition of the term "elector". She had volunteered to go through the Charter and look for the term "elector". She stated she could not believe how many times the term "elector" was referred to in Chapters 4 and 5; however, there were other terms like "an elector" and "quali- fied elector". In Section 5.04, INITIATIVE, if someone wants to start a petition, the petition has to be "signed by a number of voters equal to at least 10� of the total number of re istered voters..." Then, when that petition is filed in Ssction 5.06, the cler—Tc �as to examine to see that the nu�nber of electors whose signatures are on it equals at least 10°6 of the total number of regular voters. Then, they go back to the City Council, and if the City Counc�l rejects t�iis initiative, it goes to special election if it is signed by 15X of the total number of registered voters. She stated it was a very good thing there has not been a petition or initiative. because there are so many inconsistencies in these two chapters. Ms. Jackson stated that if they are ta7kinq about lOX of the "regular"voters, if 800 people vote in an election, that is 80 people versus 10-15� of the "registered voters". Then there is the issue of "elector" versus "registered voter". � �a CHARTER CHARTER COt1MISSION MEETING, NOVFMBER l7 �7983 PAGE 2 Ms. Jackson stated Mr. Betzold had found the legal definition relative to "elector" and "voter". It stated: "While the term, 'e7ector' and 'voter� are sometimes used interchangeably, their meaning is noi precisely the same. 'Elector' can properly apply to all those entitled to vote; whereas 'voter' appropriately designates all those actually voting...Afortiori (all the more so) 'elector' is a broader term than 'registered voter'." Ms. Jackson stated that, basically, there are three terms, according to this definition. An "elector" is anyone entitled to vote� which is broader than a"registered voter" which is broader than a"voter". Ms. Jackson stated that sometimes the sections talk about the number of electors on a petition, the number of electors voting necessary to pass sarre- thing, just voters, and registered voters. It is really a hodgepodge. It seemed like these different sections were written or adjusted by different people and maybe at different times. Ms. Jackson stated she was willing to volunteer to go through these sections and put down on paper each sect�on where the terms are used so it will be easier for the Commission members to review and discuss. She would also lay out some of her comments and suggestions. She hoped to have this done by the January meeting. She felt the Commission members should discuss this decide what they want to do and what terms they want to use to clear up these inconsistencies. Mr. Treuenfels stated the term "elector" was a very difficult one. It was difficult to decide how many electors there were in the City. It was impractical to use "elector" as legally defined. The registered voter they can find out about by looking at the registration rolls. He would be in favor of "registered voter" over "elector", The term "regular voter" was so vague, it was not defined anywhere, apparently not even in the legal handbook. Perhaps it would be better to rep]ace the term "regular voter" with "registered voter". Mr..Starwalt stated he thought Ms. Jackson's suggestion was a good one. The Commissioners agreed. . Mr. Starwalt stated the Commission should dea7 with the issues regarding "Recali" at the same time they discuss these sections. Mr. Nunt stated the new up-to-date Charter was just off the word processor and ready for proofreading. He hoped to have copies of it for the Commission members at the January meeting. 2. dISCUSSIQM ON SECTION 4.06: Mr. Hunt stated this was regarding the problem of appointing election judges by the City Council which has to be done at a City Council meeting. Generally, when there is a primary e�ection, they don't know until the last minute, because people tend to hold off until the last day to file for a primary. So, what happened this year was the general election was on Nov. 8, the primary was on 5B CHARTER COt�h1ISSI0N MEETING, NOVEMBER 17, 1983 PAGE 3 Sept. 13. The judges have to be appointed 25 days before the primary election which was Aug. 19. If the filing date is Aug. 10, that leaves only leaves nine days to have a City Council meeting, and a City Council meeting has to fall within that time period. It is a tight schedule. It is also a problem in terms of compiling a list of names of prospective judges. Mr. Hunt stated the staff of the City Clerk's office (the people who actually have to run the elections) feel if they could have another 10 days, it would help a great deal so at the least they would have 19 days and that would normally include one Monday on which the City Council meets. It would not necessitate the calling of a special City Council meeting in order to appoint election judges. The biggest problem for the City Clerk's office is the primary election when they do not know if there is going to be a primary election. Mr. Pierce stated what concerned him more than the City Council having to call a special meeting was the mechanics from the Staff's point of view. Since they do have to call for judges for November, maybe they will have to call earlier and find out if those people who are available for November would be available for September, if there is an e7ection. Ms. Jackson stated the letter from Shirley Haapala, Deputy City Clerk, dated May 18, 1983, addressed more issues than the judges. In the second paraqraph, Ms. Haapala stated: "Because of the late closing date for filings this year, it leaves us on)y four weeks to prepare for a primary if one is necessary. This makes it difficult for us to prepare for the election. There are legal publication deadlines, the preparation of ballots, the printing of the ballot pages and absentee ballots, and the most important requirement of all the writing of the program which involves contacting the County and CES (the company that does the prograr►ming). If more than one city in the Anoka County area has a primary and they are using votomatics, the County is responsible for coordinating the programning for all the cities involved." Ms. Maertens stated #inding election judges has been a problem in the last few years becaase more and more women are working. Election days are long days and there are a lot of training sessions to attend. � Mr. Pierce stated maytie there is no reason to sF�orten tF�e number of filing day�s, but historically, a lot of people tend to file at the end of the filing period. However, if there is a reason why potential candidates need as much time as possible before they have to file, maybe the Commission should consider those needs also. � Mr. Hunt stated he did not think the problem was that the candidates needed more time. No matter what the final date is, that is when they are going to decide to file. Fridley probably gives more time than any of the other cities in the imnediate area. Fridley gives 30 days, while most of the other cities give 14-17 days. � 5C CHARTER COr•1Mis510N MEETING NOVEMBER 17 1983 � � PAGE 4 Mr. Treuenfels stated he saw no particular difficulty in moving the date of closing of the files ahead so that instead of 90 days, there are 100-105 days before the general election. He saw no problem with that if it means relieving Staff of some of the rush work and making it easier for the City Council. He would recommend that if the Commission does decide to move the closing date for filing ahead, they also move the opening day for filing ahead. Mr. Pierce stated he liked the idea of leavin9 t�e 30 day filing period, and it doesn't create a hardship for anyone. Mr. Hunt stated that at this time, Section 4.06, Nominations by Petition, reads as fo1loN:s: "All nomination petitions shall be in the hands of the city clerk not more than 120 days nor less than 90 days before the general election at which time the filings shatl be closed." Mr. Hunt stated the only reco�unendation at this time is to change 120 days to 130 days and 90 days to 100 days, adding 10 more calendar days. Mr. Starwalt asked how the Commissioners felt about letting the politica7 parties review this and make a recommendation to the Charter Commission. It would give each party a chance to make some valid recommendations. Mr. Pierce stated he also felt there was no reason to hold the Staff down to the wire when the County and State are already in. He agreed it was a qood idea to first get input from the political parties. The Commission might even want to make the dates consistent with what the State and County have. Mr. Hunt stated he had no problem with asking for input from the political parties, however, the Comnission should take action on this no later than their January meeting. Mr. Starwalt appointed two representatives, Don Betzold and Irene Maertens, to contact the respective political parties regarding this and bring back input to the January meeting. 3. SET MEETING DATES FOR 1984: Mr. Treuenfels stated that if the Charter Commission met on Monday night, if there was an item of interest on the City Council agenda, a Commission member (s� could leave the Charter Corrmission meeting for a short time, attend the City Council meeting for that item, and return to the Charter Commission meeting. M07ION by Ms. Maertens, seconded by Mr. Treuenfels, to propose the third o�nday of the month as the Charter Comnission's general meeting date. Due to conflicts with a legal holiday or meeting place, the Charter Comnission Ki17 meet on the subsequent Monday or at the Chairperson's option. , _ , .,._ ... _ . . .. _ _. _.. SD CNARTER CO��t�1ISSI0N MEETING, ��OVEMBER 17, 1983 � ___ PAGE 5 The following meeting dates were established for 1984: Jan. 16 �eb. 27 March l9 Apri7 l6 May 21 June - no meeting July - �o meeting Aug. - no meeting Sept. 17 Oct. 15 Nov. 19 Dec. - no meeting Upon a voice vote, all voting aye, Chairperson Starwalt declared the motion carried unanimously. ADJOURNMENT; MOTION by Mr. Pinks, seconded by Mr. Nelson, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Starwalt dec7ared the Nov. 17, 1983, Charter Cormission meeting adjourned at 8:38 p.m. Respectfully submitted, c � yn e Saba Recording Secretary � 1�TICE OF PUBLIC HEARII� CITY OF FRIbL,EY 0(7UN!'Y OF ANOKA STATE OF MII�SOTA t�OTICE IS HIItEBY GNfN that the City Council (the "Council") of the City of Fridley, County of Anoka, State of 1�iinnesota, will hold a public hearing on Mon�3ay, February 27, 1984, at 7:30 p.m., at the City Hall, in Fridley, Minnesota, relating to the modification by the Housing and Redevelopment Authority in and for the City of Fridley of a Redevelognent Project designated as Redevelop;�ent Project No. 1("Redevelopment Project No. 1") pursuant to jlinnesota ��, PC, sections 462.411 to 462.716, inclusive, as amended. The hearing is also relative to a proposed modification of the Redevelopment Plan for the Redevelopment Project No. 1, a copy of which will be on file and available for public inspection in the Clerk-Treasurer's off ioe not later than January 24, 1984. �e groperty proposed to be added to the Redevelopment Project is legally c3escribed in Attacrunent A. �e parcels proposed to be added to the Redevelopment Project No. 1 are more specifically described in the Modif ied Reclevelopment Plan. F11 interested persons may appear at the hearing and present theit views on the proposal orally or in writing. Dated: January 24, 1984 / BY ORDF�R OF THE CITX OOUNCIL Clerk-Treasurer 0 � � • - - . �' � � • � / 1 EXHIBIT A ALL 7H PT OF LOT 5��V AUD �SUa Ir77 �ES AS f0� �C�K� AT TNE InTcR- SECTIOt:�OF THE CTR�1Nc OF OScORKc RD AS N�w LAID OUT iwITH THE ELY RT-OF-i�AY LINE OF f: P Fi� SD PT BEI�G 132�•57 FT SLY AS MEAS • AIONG S� ELY nT-OF-wAY lI`c FR.^ri•� THE N LI��E OF SEC 10-3C-24 TH �N�LY AL'v`G SD CTR�Ir;� �F �SoCktic R� A CISt CF 436.SC FT TH pEFLECT1hG T� 7hE L�FT 66 DEG 43 ��lt� 2� SEC A D15T OF 436.50 fT ?H S��Y PRII 1►1TH 7HE CT1t�1�E OF S� �S�C!t':E KJ T� THE �LY RT •OF MAY LI\'c Of N P RR 7H SlV ALJ\G SD ELY RT CF r1AY L1HE TO TNE PT OF 6�G-SUEJ T� TH� PU? R� EASE F�R CSo�Cti� RC-SU9J TO AA EASE G1vEN TO TH� 6D OF wATER CON,� CF THE Sub � to easeP N S Pu dated 11-20-6�) TO Ati EASE Glvcti TO ,?HE MPLS_GAS �0,, (_ j. ?hat part of Nl/2 of thefSTel�/4 lyg E of the W 2245 ft. thereof Except rd subj to ease o W 250 ft of Lot 1. Aud Sub t�o 89 tog/w that prt of N 1/2 of N4t 1/4 of SW 1/4 lying Ely of TH No 65. Ex Rd; Ex N 33 ft thereof; Subto ease of record MLY 60U FT OF NlY 330 FT OF NE 1/4 OF Nw 1/4-EX N 233 FT OF W 230 FT OF NE 1/4 OF Nw 1/4 Ar2570-SUBJ TO RD EASE OVcR M 30 FT L TM PT OF w 1/2 OF Nw 1�4 SEC 12-30-24 LYING E OF H►+Y ,�r65 L M OF S 9T FT OF N 330 FT OF NE 1/� OF Nw 1�4 SEC 12-30-24-SUBJ TO�R� EASE-SEC 12-30-2� -_' . i__..._� �• +___..�.�t-• - -�-L---1-- � . . _�- THE �lY bC� FT �F THE NlY 530 fT THEREOf EX 7HE N�ll 330 FT TMERE �F OF THE �E•1/4 OF ��a' 1/4 OF SEC 12-30-24 b INCL TH PT OF THE •�t 1/2 OF tik' 1/4 Of SEC 12-3�-24 LYING ELY OF ST HwY �r65 L W�Y OF THE L:.t:� HcR�lti ��J:.:E�T THER�TO-SU�J TO RCwAY EASE-SEC 12-30-24 ThaL Part of ME� of 1� lying E of M 600' i lying 5 of : N 1120' Sec 12-30-24 � THE SLY 370 FT OF NLY 1120 FT CE NE 1/4 OF NW 1/4 SEC 12-30-24 � TH PT OF THE S 37� FT CF N 112� ft OF A�• 1/4 Of-NM �/4 OF SEC 12 30-24 �YIAG ELY OF ST TRK HwY x65-SUBJ T0 7HE JtTS:OF :TME..CITY_OF_. FRIDLEY UyDER A�i i:�E�TUQ: ��,TE� S�PT 2a. ��1964 EETNEEN�S� PARTY.-� OF THE 1ST PT 6 S� CITY.OF FRIDLEY RELATIN� TO TH£ FOL DESC �� ;p�RTION OF_�THE_PREMISES_•MER:IN pESC THE'M_30,fT-OF_..TME N.1120..FT:; ,_OF.�NE_�1i4 OF Nw li4 SEC� 12-30-24 L TH PT. OF N� 112U fT OF Nw ii4'" �Of NM 1/4 OF SEC 12-30-24 LY1NG E OF ST TRK N�rY NO 65- SEC 12-30� 2� -Ex �Z7;;- 6R . . EXHIBI7 A (cont.) S 300' of the N 750' of the NE: of NW;, excepting therefrom the E 720' there of, ex roads and easements of record ALl TME TiiIICT OR �ARCEL OF �ANO I�ING t BEING IN ?i1E . (N?Y OF ANOCA i STATf OF MINN DESC AS FOl t0-1�IT�T►tE E 1ST0 ft aF T►+E M 22�5 fT OF TME N1/2 6F��17Z 7►L-L ZN S�C. •��=30'26 ACCORDING TO . Ti�E MAP OT PIAT TNEREOf ON FILE i OF RECORC IN TME .• OFF OF TME CNTY RECOR�ER IN a fOR 1ME_tNTY Of ANOKA ,�.�T�-�� ,;1•,�c••=; •;t �?�RPETUA� E�►SF MELD BY TME � �_` ,•TER CCM" :.T TME C1 ! ;:': :► 3'• _ , _, .. .• � • OF ST ?:�JL T� OIV�kT Ti�C� i GRAW �'��c? ��''� LAKE or,��ajy ;v T�= :NT1► OF� �A�O�KA ST OF MINN TO SUPPLY TME Ih- MA3ITA�lTS OF T1+E CITY �i �T ?hLJ�)il�U::.i T� STREETS:MVYS i EASE • OF_REC ORO).�-- :� . r••-' ''•- •'• TRA�T A RE�: .T== � ��N� R:C�P� TRACT 8 REC:S' =:D L�y� 4ECOR0 SJPVcY ��3 SuSJ ?� iaS: �F S��V�Y �TZ SU?J :� :a5: �F TH'pT-OF TNE-SY�/i-O�Tii��l�lE-T7i�Of�3EC-3�30�2��— LYING �LY OF TnE RT Of w�r Of TME n��S t M�NITOBA RY [0 3 TN� NORTMERN PACIFIC RY [OtEX TM PT 9EG 'AT T►+� Ny COR� OF -SO SW� 1/t� �� 0� NE 17�L�-'TM E ALONG ThE N� �:.�_ :; ,;; Sw �/� OF NE 1/� fOR �A OtST OF 13S • • •t' FT-TN S Pall YiTM TME Y LINE'OF•SD SM 1/� Of NE �� 7!i-J1- D I S T� 0 F:-3 Z�i� T--IR DR�� R�.� S S-'f D-TA E ii� CI i1�� OF IRONTON ST EXTENDEO = :E�TM Y ON S� EXTENDED N LINE 0� IRONTON ST A 02ST OF �3S tT 70 TKE V IINE Of� TNE�2� �7Z�� 7T=TN N�L3NG SD r LINE TO R? OF 9F�) S�EX TN P? OF TMF S�1/� Of NE1/i Of SEC 3�30-2� DESC AS fOL�3E6 AT A PT Of � IkTERS�C OF TME Y L2N�DF�-30�Sii-17��f �lE��«tXF •. S�Y IINE OF IRONTON ST SO C�ILEG�TM S ALONG SD Y LTKE A- OIST.OF 353.��fT'� MORE OR IESS TO TNE SE COR ' Oi lOT �1 BLK A RIVERVIEw MEIGMTS-TNlE ON ' TME EXTENDED S IINE Of so.. elK A�A DISTOf 200 fT-TN N PRIL' MITN TME M LIME Of�S0.1SV 1/t_Of ME 1/� TO A��T'=":'* OF INtERSEC �ITM TME '� EXTENDED SLY IINE Of .... IRQNTON ST SO CALL�f0�T11 Y AtONG TNE EXTENDfD SLY LINE Of IROhTON ST A DIST OF 200 fT MCRE OR �ESS TO ;T��PI'�f�E�SUBJ - O .AN �,..•EASE FOR: ST - PU'RP.. TOTNE � � : = �tITY� OF fRIDIEY IM 7ME.PT OF TME SY 1/;- OF ME �11i Of '' sc[ !- 3:-�c. :r:: AS fOl�� STP OF LANfl. bb fT YIQE __ r�:.;�6c�c��►��r �� S;. 20C fT �OH� r.E�S GfvERALLIf �E t Y i 8EIN6 AN EXTENSION TO TNE EOf IRONTON ST TNF S L2NE OF YNICM IS TNE S .�:kE EXTENOEa �: � 8 EXHIBI7 A (cont.) —?R��T4N St'i TNE N l2NE OF MMICa-IS iME: N LINE •:.•:.!•-�. T EX?�K�ED-Of,s;;r:�;�:IRONTOM�;i:Y,St; AS �Old. ESTABIISHEO i: Ot�� fCORD)(SUH�EiO.� EASE��6-f1�-f��LIOE��TO' CITY� Of fRIDIEY:.�:.s DF3L��1�6�;�M�.T:�f..S��I� OF..NE��F. SEC�� 3� TFi+IIES� BETwEEN�TKE N i�� S R1 OF YAY LINES' OF IRON� •�ON ST.AS.tORRECTEp.�. • EXTENOED ElY TO TNE 6REAT •- �hOK7HERR`A 7t`RT.-DF� ;� , riil��P-30 R?E-ZTi �� r �P ER� QtD� 6/22/6�)�tSUBJ_T01FA.Sf�.1 0 � i T•. M I � E t 0 N S P� 9/ 4/ 6� �) t E x � 1 3 0 0) S E C� 3� 3 0=2j(EXR12 b3� (EX PART" PI�TTED AS ARN ' `7tt-`7�D�TTI • - �CT 3 ElK 2 EAST RA11[M ESTATES 2ND A�D Ex : 2D0 FT1►+EREOF SU9J TO ��5: OF REC ,. ESTATES'2ND ADD REC : r�. - LOT � BL�c 2 E�ST RANCM Ex E 200 fT THER�OF Sua� To c�SE OF lot i Elock 2 Easi Ranch Estates Second Addition Lot 2 b Lot 8 Block 3 East Ranch Estates Second Addition lots 16, 17, 13, 19. 21 and 23 Block 2 Corm�erce Park Lois ], 2. 3. 4 and 5 Block 1 Anderson Development lots 1, 2, 3, 4, 5 and 6 61ock 1 Central Yiew Manor Lot 3 Central Yiew Manor 2nd Addition Lots 2, 3, 4, 5, 6. 7, and 13 61ock 1 Paco Industrial Park � � � 6C I , N � ��_ � � �WJI , `L II� fu � � .� � . =.� � �- �_ , .,�. � �� . � " 6D PROPOSED EXPAtVSiON . REDEV. PROJECT � 1 fwt�G l�E MIIR :� � - _.,= � �;,1 `•'�� 'e; �, . ( � : �• '��.t, iz� "... ... ' L_��-�1.,�, j r r•.� n. �,1 � ��.� STREET MAP-CITY OF FRI DLEY _ . � �_� �-.,.;..`. .�, r � _._�" _ PUBLIC HEARII� BEFORE Z�iE CITY OOUNCII, Notice is hereby given that there will be a public hearing of the City Council of the City of Fridley, riinnesota, in the City Hall at 6431 University Avenue NE on Monday, February 27, 1984, in the Council Chamber at 7:30 p.m. for the P�Pose of : Pursuant to Minnesota Statutes, Section 273.74, Subdivision 3, on the proposal of the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, that Tax Increment District No. 5 be established within the Authority's Redevelopment Project No. 1 and that a tax increnent financing plan for said tax incre�nent district be adopted. �he plan incluc3es the property generally located at the Southwest corner of University Avenue service road and 79th Avenue N.E. All interested persons may appear at the hearing and present their view s on the proposal orally or in writing. WILLIAM J. NEE Mayor Publish: February 8, 1983 FEbruary 25, 1983 7 COF',�iISSION TERMS THAT {iILL EZPIRE SPEII. 1, 1984 F08 CITY COiJNCIL INFORHATIOH TBBH PRESENT ?Sg�ERS E%PIRES APPOINTBB PLANNIkG CO!'B�iISSION ( Chapter 6)( 6 tiembers - 3 7ear Ter�) General Chairperson Chairperson Communitq Development Chairperson Parks � Recreation Chairperson Appeals Commission Virginia Schnabel 1527 Windemere Cirele N.E. ( H. 571-33t8) LeRoy Oquist 1011 Hackman Circle N.E. (x. 571-0415)(B. u82-4383) David Kondrick 260 Stoneybrook Way N.E. (H. 571-2359)(B. 571-4767) Patricia Gabel 59�7 2 1/2 Street N.E. (H. 571-1228)(B. 571-4600) Chairperson Richard Svanda Env. Quality 1521 Woodside Court N.E. Commission (H. 571-6154)(B. 297-2732) Chairperson Dean Saba Energy 6325 Van Buren N.E. Commission (H. 571-1953)(B. 635-5860) Chairperson Brian Goodspeed Hupan 731 Rice Creek Terrace N.E. Resourees (H. 571-4822) 4-t-85 4-1-84 4-1-85 u-1-85 �-1-85 4-1-86 u-1-8u CO2�UNITY DE{1ELOPMENT COl�lISSION ( Chapter 6)( 5 Members - 3 7ear Tera) Chairperson LeRoy Oquist 4-1-84 1011 Hackman Circle N.E. (H. 571-0415)(B. k82-4383) Vice- Alfred Gabel 4-1-84 Chairperson 59�7 2 1/2 Street N.E. (H. 571-1288)(B. 561-8800) Dr. Kenneth Yos �1-1-85 990 68th Avenue N.E. (H. 571-2246) Louis Schmidt 4-1-86 7300 East River Road (H. 571-1557)(B. 571-9201 x 2647) Carol Fassett 4-1-86 1001 Lynde Drive N.E. (H. 571-5�76) + / -1- APPOINTEE TERH E%PIRES 4-1-87 4-1-87 C� TERH PRESENT M�ERS PI JlPPOINIBB PARRS �ND RECREiTION COl�iISSION (Chapter 6)(5 Members - 3 7ear Ters) Chairperson David Kondrick 4-1-85 280 Stoneybrook �1ay N.E. �- (H. 571-2359)(B. 571-4767) Vice- Mary Schreiner �1-1-85 Chairperson 6851 Oakley Street N.E. (H. 571-3045)(B• 571-1010) Jan Seeger 4-1-84 32� Ironton Street N.E. (H. 78�-7441) Dick Young 4-1-86 5695 Quincy Street N.E. (H. 577-8098) Daniel Allen 4-1-86 6200 Rice Creek Drive N.E. (H. 571-3137)(B. 373-0956) APPEALS C0r4lISSION (Chapter 6)(5 yembers - 3 7ear Ters) Chairperson Patrfcia Gabel 4-1-85 59�7 2 1/2 Street N.E. (H. 571-1288)(B. 571-4600) Yice- Alex P. Barna 4-1-85 Chaiperson 560 Hugo Street N.E. ( H. 784-5�68) Jean Gerou 4-1-84 1650 Briardale Road N.E. ( H. 571-6736) Donald R. Betzold 4-1-8�► 1601 North Innsbruck Drive #276 (H. 571-0098)(B. 533-�555) James Plemel 4-1-86 686� Channel Road N.E. tH. 571-0026)(B. 421-4760 x 1126) -2- APPOINTEB TERH EXPIRES 4-1-87 4-1-6? 4-1-87 sa TER!! PRESENT !�?iBE$$ PIRE �PPOINTSB ENVIRONHENTAL QDALITY COl�II�ISSIOH (Chapter 6)(5 Hembers - 3 Iear ?er�) Chairperson Richard Svanda 4-t-85 1521 Woodside Court N.E. � (H. 571-6t54)(B• 296-7333) Yice- Maynard Nielson 4-1-85 Chairperson 7144 Riverview Terrace N.E. (H. 571-6608)(B. 571-0761) �layne Wellan �-�-84 6793 Overton Drive N.E. (H. 571-41u1)(B. 571-1000) Thomas Gronlund 4-1-66 7�111 Lyric Lane, N.E. (H. 786-?u59)(B. 370-4141) Bruce Peterson 4-1-� 7503 Tempo Terrace N.E. (H. 786-9898)(B. 853-50u1) ENERGY COt�lISSION (Chapter 6)(5 Members - 3 Zear Ter�) Chairperson Dean Saba 4-1-86 6325 Van Buren Street N.E. (H. 571-1953)(B• b35-5860) VACANT 4'�'8� _ Bradley Sielaff 6770 Plaza Curve, N.E. (H. 57u-o470)(B. 296-7753) Dale Thompson 4g76 3rd. Street N.E. (H. 572-8684)(B. 296-?754) Bruce BondoW 6616 Central Avenue N.E. (H. 571-0163)(B• 378-8044) -3- 4-1-85 4-1-85 b-1-86 APPOINTEE TERM E%PIRSS �-t-87 4-1-87 � TER!! gRESENT MFF�BERS �%PIRES APPOINT�B HUHAN RESOIIRCES COt�lISSIOR (Chapter 6)(5 yembers - 3 Tear let�) Chairperson Brian Goodspeed 4-1-84 731 Rice Creek Terrace N.E. _ (H. 571-4822) Yice- Robert Minton 4-1-86 Chairperson 1538 North Oberlin Cirele N.E. (H. 57u-1173)(B. 29t-8358) Peter Treuenfels 4-1-85 5248 Horizon Drive N.E. (H. 572-8229)(B. 536-5415) Mary Van Dan 4-1-64 6342 Baker Avenue N.E. (H. 571-3177)(B• 546-3105) Barbara Kocher �-1-86 7650 Jackson Street N.E. (H. 786-0944) CABLE TELEIIISION COt�lISSION (Code Section 405.28)(5 Members - 3 Tear Terz) Chairperson Barbara Aughes �1-1-85 Vice- Chairperson 0 5�8 Rice Creek Terrace N.E. (H. 571-6182)(B. 22�-4g01) Duane Peterson 6312 Pierce St. N.E. (H. 571-9644)(B. 374-1120) Burt Weaver g28 Rice Creek Terrace N.E. (H. 571-u237)(B• 571-12�9) Edward Kaspszak 1377 Y.illcrest Drive N.E (H. 571-0441)(B. 5��-2115) Harold Belgum 191 Hartman Cirele N.E. tH. 571-1191) / � -4- 4-1-86 4-1-84 u-1-85 4-1-84 � APPOINTEB TERli E%PIRBS 4-1-i �4-1-87 4-1-87 �-1-87 .i Tggy APPOINTEE PRESENT ME�iBERS EXPIRES APPOINTSS TERM EaPIRES FRIDLEY HODSING AND REDEVELOPMENT AOTHORITY (5 l�Jembers - 5 iear Tert) Chairperson Larry Commers 6-9-84 �'1-89 5212 St. Moritz Drive N.E. - (H. 57�-8925)(B• 339-3355) Vice- Elmars A. Prieditis 6-9-86 Chairperson 603� Benjamin Street N.E. (H. 571-7230)(B. 332-1401) Walter Rasmussen 6-9-87 7806 Alden Way N.E. (H. 571-6232)(B. 379-8811) Duane Prairie 6-9-88 489 Rice Creek Terrace N.E. (H. 571-3993)(B• 786-9800) Carolyn Svendsen 6-9-85 6171 Kerry Lane N.E. (H. 571-6060)(B. 571-23�5) . POLICE COt�iISSION (Chapter 102) (3 Nembers - 3 Tear Ter�) Chairperson John. K. Hinsverk 4-1-85 170 Hartman Circle N.E. (H. 571-6038)(B• 425-45�7) Vice- Mavis Hauge �-�-� Chairperson 6�►5 67th Avenue N.E. (H. 571-1083) Elizabeth Kahnk 4-1-84 �'�-� 209 Rice Creek Blvd. N.E. (H. 571-2108) 2/1/21Ii3 -5- n+• c�TV O� i=ca� L Y DATE � ROi� �.P.W. UBJECT DIRECTORATE OF PUBLlC WORKS January 19, 1984 � _� .�- . • � MEMORANOUM I . Utf-tS4 Robert Nordahl, Operations Analy t TO John Flora, Public Works Direc Recommendations to Purchase Front-End Tractor Loader ACTION INFO• �r Bids were received and opened for the Front-End Tractor Loader on December 28, 1983 at 2:30 p.m. There were five companies that responded with hids. The low bid was from Lake State Equipment Company with a John Deere 544C Front-End Tractor Loader. (see attached bid summary) The bid price for the unit was $51,227.32 with an additional accessory equipment bid of $17,129.00. With exercising the optional trade-in of the grader for �5,000.00 the total purchase price to Fridley is $63,495.32. This unit met all the specifications. The funds for the Loader are budgeted in the 1983 Public Works budget, therefore we recommend that the City Council award the bid to Lake State Equipment Company for the John Deere 544C Front-End Tractor Loader. If you need additional information, please let me know. RN/jz _.__ _._.._-�_ .- ----- - ----_� : , __.._ _ _ � o . . 9 R �� ., 0 N � + O O�D2 C OE�O � m� � 7 � � � � � -1 O Pf �O �-+ C �+ •• 7O .� �-�i � 1 j pvr N IC �-1 � `�1 w n (�1 03 �r � vQ-+o� • �oo�v 3 � 7o C 1�*t Nrf'1 j 0� O � v� .• en -� �0 70 .+ W C s � � v m � 6 9 A � A � N d O � Z Q � O �D 'O -� Z S r � 2 O O � �n 3 3 � � N � 10 � CITY OF FRID�E7C MEMORANDDM 'lt�; NASIM M. QIJRFSHI, CITY PfA?1AGIIt FR�1: SID ��AN, DIREC'IbR OF CafIRAL SE�VICFS SUBJECT: LEASE OF THE "A" F'RAME LIATE: JANUARY 19, 1984 Attached is a copy of the Lease Agreer�ent prepared by Herrick and Newman for lease of the "A" Frame by School District No. 14. Since they would like to start using the property in February, I am reguesting that you put this on the January 23, 1984 agenda for Council apprwal. The School District has agreed to it in principle but there is a possibility of a minor change after Council approval. Zl�erefore, I am recarc,ending that the City Council approve it contingent on any f inal minor ac�inistrative changes after their approval. While I do not predict that this will happen, I will inform then of ariy minor changes in the contract. SCI:sh Attacrunent 4/0/2/14 ' VIIIGIL C M(AAICR o�vio ►. wtwrwM �.resi fCwM�CR�E►!A HERRIGK & NEWMAN. P.A. ATTOQMt�! Af LAw January 18, 1984 Mr. Sid Inman Director of Central Services City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Re: Nature Center Building Lease Dear Sid: �27Y VNIVlRS�TY �Y[NUL N.t. FRIDLEY. MINNESOTA SS132 571-�l50 lo a Enclosed you will find a draft of a lease which I have prepared at your request. You will note that in Paragraph 22, there is a space provided for you to insert who should receive notice on behalf of School District No. 14. If there is a need for any further modifications, pLease advise me. 5incerely yours, � li �-- ' ' ` - �, '� ----"--- _ David P. Newman DPN:kao Enclosure M[��Ka U� N[wr�r�. �.A. ATTO�NE�S AT {J1W aT7f V�+M Af�n �vlMY! M.l. . swiD6Er, ��uNer[SOT� W►72 10 � AGREEMENT OF LEASE This Agreement, made this day of L984, by and between the City of Fridley (hereinafter designated s"Lessor") and Independent School District No. 14, (herein- after designated as "Lessee"). WITNESSETH: That the Lessor, for and in consideration of the :erms, covenants, rents and conditions, herein mentioned, to paid and performed by Lessee, does hereby demise and let n to said Lessee, and the said Lessee does hereby hire and ake from the Lessor, the following described premises situated n the City of Fridley, County of Anoka, State of Minnesota, o-wit: � The "A" frame building located at North Innsbruck Park, Arthur Street, Fridley, Minnesota To have and to hold the same just as it is, without iability on the part of Lhe Lessor to make alterations, and mprovements or repairs of any kind in and about the demised remises, except as and if otherwise set forth herein, for he term of four months from the lst day of February, 1984 hrough and until the 31st day of May, 1984 for the purpose �f using it as a location for counseling and other related ffice and administrative matters. 2. Lessee agrees to and with Lessor to pay Lessor s and for the rent for the above-mentioned premises the sum f$2,220 for the term of this Iease, in monthly installments e ME��C� • NMY�►M.►.A. ♦nCwNEvt wT �Aw �i'A uM�Kwt•n ��rl�wl! �-t i111D�E•. Yi�rNifOT� fia7f lOC� f�SSS each month, in advance, on the first day of each and very month during the full term of this Lease at the office f the Lessor, or at such other place as Lessor may in writing esignate. In addition to the rent specified in the preceding aragraph (the "base annual rental"), Lessee agrees to provide or and pay the cost of maintaining the interior and the exter- or of the building and maintaining the grounds and sidewalks mmediately adjacent to the leased building. Further, the Lessee hall promptly pay the costs of all utilities, including but ot limited to, electricity, natural gas, telephone, sewer, ater, and refuse removal. The Lessor agrees to provide for all snow xemoval or the parking lot which is immediately adjacent to and which ervices the demised property. 2. Lessee agrees that it will not sublet the demised remises or any part thereof, and will not assign this Lease any interest therein. 3. Lessee shall provide or pay for all repairs and aintenance of the premises including, but not limited to, lass breakage, furnace, hot water heater, air conditioning, lumbing, electrical systems, structure repairs and other exter- or maintenance. 4. (a) Lessee shall at its sole expense procure and maintain comprehensive public liability insur- 0 N[��iCR �! NEwww. /.A •TTOANE�f AT t,AM1 iT7� N�+�N ��t� �VIM�! Y.[. i11/DLET. ��Nr�[fOT/� ii�►31 10 D ance for the demised premises during the term hereo£ in the minimum of Two Hundred Thousand Dollars - Six Hundred Thousand Dollars t$200,000 -$600,000); bodily injury and One Hundred Thousand Dollars (�100,000) property damage. Lessee shall provide Lessor with evidence of such insurance prior to occupancy. Lessee shall at its sole expense, procure and maintain insurance for its fixtures and equipment located within the demised building. (b) Lessee shall maintain and keep in force all employees' compensation insurance required under the laws of the State of Minnesota, and such other insurance as may be necessary to protect the Lessor against any other lia- bility to person or property arising hereunder by operation of law, whether such law is now in force or was adopted subsequent to the execution hereof. (c) Lessee shall furnish to Lessor,•a Certificate of Insurance showing that liability insurance policies are in full force and effect, and naming Lessor as an insured thereon. The policy shall further provide, and the Lessor shall be given a minimum of ten days notice by the insurance company prior to cancellation, term- ination, or change of such insurance. Such ME��CK S NEwr�H. P.A. 1►T70wNEri �T LAw . �iw 11��Vl�!M1T �V�M4R M.i. sw�C�Er. M��+NESOTa iia�2 0 10 E policies or duly executed certificates of insurance shall be delivered to Lessor prior to the commencement of Lessee's occupancy hereunder and renewals thereof shall be deliver- ed to Lessor at least thirty days prior to the expiration of the respective policy terms. 5. Lessee covenants and agrees that it will make no structural change or major alteration without the Lessor's consent, which consent shall not be unreasonably withheld, providing that the proposed improvements are consistent with I'�,the use of the property, do not significantly reduce the value of. the property and do not violate any local, state or federal laws; and without first furnishing the Lessor five (S) days advance written notice outlining the proposed changes or altera- tions. The tenant will not in any manner deface or injure said demised premises or any part thereof; and that it will return said premises peaceably and promptly to the Lessor at the term- ination of this Lease in as good condition as the same are now in, loss by fire or other hazard or by ordinary wear and tear excepted. The Lessee further covenants that' it will prompt- �ly pay for any alterations, repairs or maintenance made to Ithe demised ro erties so that no mechanic's liens will be . P P filed against the property. 6. Lessee agrees that all the goods, chattels, fix- / t MER11�C1[ S WCwY�N, r.A. •TTp11N! Yf �T LAW it� uw�vtllf T► �vtMl! N.l. iR:OLE� YINNE:OT� SS�3T 10 F tures and personal property belonging to said Lessee which a re or may be put into said demised premises, shall at all times be bound with a lien fn favor of the Lessor, to be charge- able for all rents hereunder and the fulfillment of all other terms and covenants herein contained, and that in case of de- fault by the'Lessee, the Lessor may without notice, remove the same or any part of the same in such a manner as Lessee may choose, and the Lessor shall have the right to sell all �or any part of the same at public or private sale, without ,giving notice to the Lessee of such sale, and to apply the Iproceeds of such sale first to the payment of the costs and �expenses of conducting said sale and caring for and storing �Isuch property, and applying the balance, if any, to the amount then due from the Lessee to the Lessor. 7. Lessor shall at all times have the right to enter upon said premises to inspect their condition and at his elec- tion to make reasonable and necessary repairs thereon for the protection and preservation thereof, but nothing herein shall be construed to require the Lessor to make such repairs, and the Lessor shall not be liable to the Lessee for failure or delay in making such repairs, or for damage or injury to persons or property caused in or by the making of such repairs, or the doing of such work. 8. Lessee agrees to pay for all special requirements Ifor utilities such as gas, steam, water and electricity and for all other alterations, �odifications, or other services to the demised premises. Charges for any such utilities or services shall be paid by Lessee and in the event such charges are not paid when due, the same shall constitute a default hereunder on the part of the Lessee. 9. Lessor covenants and agrees with Lessee that upon Lessee paying the rent and additional rent and observing and performing all of the terms, covenants and conditions on Less- ee`s part to be observed and performed, Lessee may peaceably and quietly enjoy the premises hereby demised. 10. Lessee agrees that his covenant to pay rent is independent from the performance or non-performance of any i 10 G other covenant on the part of the Lessor. Lessee further waives any right he might otherwise have had to redeem his tenancy, pursuant to the provisions of Minnesota Statute Sec. 504.02 or otherwise, after commencement by the Lessor of an action for restitution of premises, based in whole or in part, on non-payment of rent due under this Lease. 11. (a) Lessee agrees to return all keys to the demis- ed premises on the day he vacates the premis- es. Lessee agrees to pay to the Lessor the sum of �50.00 in the event that the Lessee fails to return all keys to the demised premis- es to the Lessor, at the Lessor's office, by 5:00 P.M. on the first business day follow- NEAw�CK e NEw►��w. ►.A- � ATTO�NVE�f AT LAw s�+� �w.�v[�t�� vl�.�+a r.t �wiO�Er. ri►nvEfOT� fiai: 9 MEw��Ca M hEwrt�N. r.A. •7TO�HErS wT U►w {�7� 1M�Vl�t'T �,11iMN[ M.t. •AIOL[Y. \��NNESOT� si�u c 1� � ing the day which the Lessee vacates the premises. (b) In the event that any additional locks or bolts of any kind shall be placed upon any of the doors or windows by the Lessee, or in the event any changes shall be made in existing locks or the mechanism thereof, Lessee covenants and agrees that it will, within five days of the installation thereof, furnish Lessor with the necessary keys to give Lessor ingress and egress to said premis- es. 12. The premises shall not be used for lodging or �leeping or for any immoral or illegal purposes. Lessee cove- ants that Lessee will not commit or knowingly permit to be ommitted upon the demised premises any violation of any present r future Federa2 or State law or municipal ordinance, and e specifically agrees that it will not sell or distribute r.toxicating beverages or liquors and/or drugs on or about he demised premises. 13. The parties hereto mutually agree that if the emised premises are partially or totally destroyed by fire, other hazards; then Lessor may, but is not obligated to, epair and restore the demised premises as soon as is reasonably actical, to substantially the same condition in which the emised premises were before such damage. The Lessee may repair he damage as allowed'under Paragraph 5 at his own expense. / � M(RAICK S I'VEwrwrr.'.A �TTOANI:1'f AT LI�W iT�7 vr•vl�� vlMK M.t. f11�D�E• YINHEiOTA fi�k s 10 I In the event the demised premises are completely destroyed or so badly damaged as not to be usable by the Lessee for the purposes herein provided, then this Lease shall be terminable by either party hereto by serving written notice upon the other; and provided, further, that in any event if repairs have not been commenced within thirty (30) days from the date of said damage, and thereafter completed within a reasonable time, and in no case to exceed 90 days, this Lease may be immediately terminated by the Lessee by serving written notice upon the Lessor. In the event that the demised premises are completely destroyed or so damaged by fire or other hazard that it cannot reasonably be used by the Lessee for the purpose herein provid- ,ed, and this Lease is not terminated as above provided, then there shall be a total abatement of rent until said premises are made usable. In the event the premises are partially destroy- ed or damaged by fire or other hazard, the same can only be partially used by the Lessee for the purposes herein provided, then there shall be a partial abatement in the rent correspond- ing to the time and extent to which said premises cannot be used by the Lessee. 14. Except as provided in Paragraph 6, any trade Ifixtures, equipment and other property installed in or attached �to the demised premises by or at the expense of the Lessee �shall remain the property of the Lessee and the Lessor agrees 9 / � � Mf�1AiCR � WEwYUN. /.A. •T70AN! vf AT L/�w �sw �..�va�s�n wve�+ua w.a. i11iD�EM WNNfSOT1�i�i�lt 10 J that the Lessee shall have the right at any time and from time to time to remove any and all of its trade fixtures, equipment and other property which it may have stored upon or affixed to the demised premises; provided, however, that in the event of such removal, Lessee shall restore the premises to substan- tially the same condition in which the premises were at the time Lessee took possession. 15. No signs shall be painted or affixed by the Lessee on any part of the outside of the demised premises without first receiving the prior written consent of the Lessor, which consent shall not be unreasonably withheld. In the event of a violation of this clause of the Lessee, the Lessor may remove said sign with any liability, and may charge the expense incurr- ed by such removal to the Lessee. 16. Lessee agrees to pay to the Lessor on demand, �the cost of any repairs to the premises if such repairs are made necessary by Lessee's misuse or negligence, or the misuse or negligence of Lessee's guests. Lessee agrees to make the aforementioned payment no later than the first day of the month following notification from the Lessor of the Le�ssee's respon- �sibility for this payment. 17. The Lessee agrees to pzomptly notify the Lessor �of any dangerous conditions in the premises provided by the ILessor. 18. The Lessee agrees to vacate the premises on or I � s � ME��KK d NEwr�N. P.A �rrO��MErf AT uaw •� wnv2�s�n �v[�wit w.t i111pLE• ��YtNNEfOTA sKu before the termination date of this Lease or any renewal or extension as provided in this Lease. If the Lessee fails to vacate on or before the required date, he shall be liable to the Lessor for any and all losses incurred by the Lessor as a result of such failure. Upon vacating, the Lessee agrees to leave the premises in the condition at the commencement of the tenancy, ordinary wear and tear excepted. 19. If the Lessor excuses any breach of this Lease by the Lessee and thereby waives his right of eviction for such breach, the waiver shall not be deemed to be a waiver �regarding any subsequent similar vialation or breach, or a waiver regarding a violation or breach of any other section � . of the lease. 20. If, due to causes beyond the Lessor's control, �including but not limited to, the failure to vacate by the revious Lessee, the Lessor is unable to give possession of he premises to the Lessee on the date promised, the Lessor hall not be subject to liability for such failure to give ossession and the Lessee's rental obligation shall not begin o accrve until possession of the premises is made availabe o him. i 10 K 21. If the Lessee shall make default in any covenant r agreement to be performed by it and if after written notice rom Lessor to Lessee, such default shall continue for a period f five (5) days or if the leasehold interest of the Lessee hall be taken on execution oz other process of law, or if ; /� 10 L the Lessee shall petition to be or be declared bankrupt or insolvent according to law, then, and in any of said cases, the Lessor may immediately or at any time thereafter, without further notice or demand, enter into and upon said premises or any part thereof and take absolute possession of the same fully and absolutely without such re-entry working a forfeiture of the rents to be paid and the covenants to be performed by the Lessee for the full term of this Lease and at Lessor's election, Lessor may either lease or sublet such premises or any part thereof on such terms and conditions and for such rents and for such time as the Lessor may reas6nably elect �,and after crediting [he rent actually collected by the Lessor from such re-letting, the Lessee, its respective heirs, legal representatives, successors and assigns, and interests shall be liable to the Lessor for any balance remaining due on the rent or reserved under this Lease; or the Lessor may at his option, declare this Lease forfeited and may take full and bsolute possession of said premises free from any subsequent ights of the Lessee. That in the event of default by the Lessee, Lessee hall compensate the Lessor for all reasonable attorneys fees, xpenses and costs incurred by the Lessor in either reacquiring ossession of the property or for br�nging an action for re- overy of unpaid rent. In the event that the Lessee vacates the premises nd defaults in any of the terms of this Lease without giving MERRICK S NFM�MAN. ►.A I ATTOANE�'f AT LAW Qr� w.�vaw vrv �vt.wa w.�. iRIDIE�'. Yn�NESOTA ii�t32 � � ' - . � � NE11AiCR Q NEwr�N. �.A. �T70��tNE�f AT N1w �':� H�+�NM1�{T �ViNNt Mj. R�tO�Et. nrINNESOTA ff�i2 � 10 M formal notfce of termination of the Lease, the Lessor has a right to re-enter and take possession of the premises. 22. Wherein in this Lease it shall be required or permitted that notice or demand be given or served by either party to this Lease to or on the other, such notice or demand shall be given or served and shall not be deemed to have been given or served unless in writing and forwarded by mail address- ed as follows: To the Lessor: Fridley City Manager Fridley City Hall 6431 University Avenue Fridley, Minnesota 55432 To the Lessee: Independent School District No. 14 6000 West Moore Lake Drive Fridley, Minnesota 55432 � Such addresses may be changed from time to time by either party by service of notice as above provided. 23. The Lessor and the Lessee agree that all of the �provisions hereof are to be construed as covenants and agree- Iments. 24. �.'here appropriate, singular terms include the lural, and pronouns of one gender include both genders. IN WITNESS WHEREOF, the Lessor and Lessee have caused �their respective names to be subscribed to this Lease on the _� 9 0 i 1� '� date first above written. Lessors: City of Fridley By: Its Lessee: Indegendent School District No. 14 By: Its STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1984 by of City �of Fridley, a Municipal Corporation, on behalf of the corpor- I ation. I MEwwiCR 0 NEw��p. / A � �TiOA��Eri AT LAw {i�� Y��v[��ii�� Hrut M t. •#IDIC�' y'yMEiOTA s�L3i STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1984, by of Independent Schoold District No. 14. � �.��.�� T►,a cuTr os � cr�� 1 V 0 11 piRECTORATE o9� I 0 F o-0 0 M E M O R A N D UM PUBLIC WORKS r`a'� � . .s�=� � :. . .�.�— t� January 18, 1984 TE ' �M D.P.W. 8�11 Deblon - Planning a�EC�r Lot Split, L.S. #82-05, Kunz Oil Company MEMO N0. 84-03 ?O John Flora ACTION INFO• X The above referenced lot split was approved by the City Council on April 18, 1983 with stipulations listed in the attached minutes. These stipulations of approval have been resolved and the new parcels can now be recorded. The attached resolution will accompany the form that certifies the City has approved the lot split. The County will not record a lot split without this certification. Recommend the City Council approve the resolution. WS D/ de .., i- t� .. 'T i / �' . RESOLDTIOH H0. _ - 198# A RESOLIITIOA APPROOIAG e SDBDIVISIOA� LO? SPLI?, L.S. #82-05, ?0 SPLIr LOT 18, AIIDISOR'S SIIBDIVISIOH p0. 77- INTO PARCBLS A� 8, THE SStiB BEIHG �355 dND 7365 BAST RIVER ROAD 5.8. WHEREAS� The City Council approved a lot split at the April 18, 1983s meeting, and WHEREAS, such approval Was to split off Parcel B(lying southerly of a line parallel with and distant 197.0 feet north of, as measured at a right angle to, the South line of said Lot 18) from Parcel A, both in Lot 18� Auditor'a Subdivision No. ?7, the same being 7355 a.nd 7365 East River Road in Fridley WiiEREAS� the City has received the required Certificate of Survey from Hunz Oil Company, and WHEREAS� such approval Will a11oW development of Parcel B as a local commercial business. NOW, THEREF4RE BE IT RESOLVED, 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 COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 19$u. WILLZAM J. NEE - MAYOR ' ATTEST: SIDNEY C. INMAN - CITY CLERK 2/8/9/2 ii a � �-J r �1 -TI,,._}�. •TIN � OF APRIL- t$� 19$� �- � �� 1� ' •� PAGE 2 11 B Tt�ere xas no response from the audience under this item of business. i � � i � � � � i � ► � e � � � � i � • • : � J� J� � : ,e ► ►1� � � • � r � ; � � � � - I � i'� �!Y �i��i: •� !lOTION by Councilman Schneider to waive the reading. Seconded by Councilman Hamernik. Upon a voice vote� all voting aye� Mayor Nee declared Lhe motion carried unanimously. t�fr. Inman stated the proposed bond issue is �150,000 and the original bond issue Was �1.5 million. He said they want to expand their current facilities in Fridley to facilitate the transfer of persons xhich would amount to a 10+ person increase in employment in Fridley. He said they currently employ 211 people and at the completion of the project they will employ 220 people. MOTION by Councilman Barnette, to close this phase of the public hearing. Seconded by Councilman Schenider. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • � ,� 1 l l � � , � �� Mayor Nee noted that land �rould have to be aet aside for aolution of traffic problems in the area. Nr. Flora said the commercial property is to the east of East River Road and south of Osborne Road� Where thrifty bakery is located. He said the original lot split was Drought up in SeptemDer 1g82. There are tWO stipulations from the Planning Commission and it vas also suggested that there be a provision for another 45 foot street and utility easement along East River Road. He said at the last meeting. the Council approved a special use permit for development of Parcel B With a railroad car and train station and included a provision for a 45 foot easement. Mr. Crouch, representing Runz 011. aaid they are willing to grant that easement subject to the follo�+ing conditions: That the front yard setback of 80 feet be measured from the westerly property line rather thar� the easement line; the area within the easement not to be excluded from the calculatfons of gross parcel use and Decause they have a lease until October 1, 198� on Parcel A� that the Parcel A easement xould not be effective OctoDer 1, 198�1 and that some offset be granted by reason of improvements to the property if there are future street assessments. Nr. Flora said that was discussed last fall and the setback is not a problem; they have been using total property for lot coverage and setback criteria. Tbe present zoning is C1-S. Mr. Crouch said tbe setback r+as not. verified and Was told that it was 80 feet. Mr. Crouch asked if the ordinance provides for measurement of tbe setback from the property line or boundary of easemeat. !!r. Herrick aaid the measure is from the property�line an suggested they stipulate the setback 35 feet, measured from the easterly boundary of the 45 foot easement, total of 80 feet from the Westerly propertq liae. . �l� � �� • � Mr. Herrick suggested the Council also �tipulate Lhat this is in exch ange for granting of the easement and tbis would be binding and would not be subject to change by ll�ture c:ouncils; make it a part of the contract and record it. He said this xould assure the property ovner and future Droperty owners that the setback Would be no more than 35 Peet from the easement or 80 feet from the edge of the property. Hr. Crouch aaid that would be acceptable and asked if the proposed Duilding on Parcel B would be located 80 feet from the easterly line from East River Road. Mr. Flora aaid it is sho�n as 1i6 feet trom Lhe property line. Councilman Fitzpatrick had some concerns that there xas not a provision for a right-hand turn lane on East River Road and that they were going to increase the volume of cars to tura right (going north on East River Road). Mr. Flora said the county has aome long range plans for improvements xhich call for medians and turning lanes. Nayor Nee shared Councilman Fitzpatrick's concerns. Mr. Herrick assumed the �15 foot easement is meant for purposes of long term solutions to the problems. Counci2man Fitzpatrick noted that in the meantime� they xon't have anything Worse than they have now. He agreed With the stipulations that the gross area De inc2uded for purposes of land eoverage and the date of transfer of November 1, 1g84 if aot sooner. Nr. Qureshi said it was hard to define any eredit. Hr. Herrick said if there is going to be sn assessment, Lhe Council Would look at the �ork that has been done by the private oxners and consider that; he didn`t think the city should be promising any credit at Lhis time. !!r. Crouch said that the easement is one that will not be exercised until some future time and in the meantime, he xould like it understood that the granting of the easement is non-exc2usive until the roadWay might be expanded; that the area includes a drivexay �rhich provides access to these two parcels. Nr. Herrick aaid there Was no problem With this. !",OTION by Councilman Fitzpatrick to grant the request for a Iot split, L.S. #82-06� by Runz Oil Company, to split Lot 18, A.S. No. 77, into Parcels A d� B, 7355 and ?365 East River Road� Fridley, Ninnesota� subject to the fol �i stipulations: �� 1. Payment of Park Fee (�635.a0); 2. Dedication of 10-foot drainage easement (Qak Glen Creek) on north side of Parcel ♦; �k 3. Building setback minimum xould be 80 feet from the present Westerly propertq line; �� 4. The building coverage for the total area be caleulated on the present area before L,he street easement is dedicated; 5. The street and utility easement along Parcel A ahall be provi d no later ti�an November 1, 1984. 5econded by Councilman Schnei er. pon a voice vote, all voting aye, Mayor Kee declared the motion carried unanimously. � � � • '• � 4x � � ; • � •� �)� NOTION by Councilman Hamernik to table the appointment to this Commissioa. Seconded by Counciiman Schneider. IIpon s voice vote, sll voting aye, Nayor Nee declared the motion carried unanimously. 11 C � 'r/�a .. . , 5�� ' � . .� 1! - , �;�5�� 0� S _ � - �5�9 � �� ` .. � : 015�� ctw► � o,s°� I 4 � I�� 0 L �� wo�K� Q 'T•. �C .�,,. N Iv � � jP ?� ��;4 .�G 3` �A^ :, ; A�r . , c . _ - , 1 .-• " _ � , (� i � q� �. . �► c> : ._ y�%i • �.,. � � q 's�. a �~ ,� AO` � i 4 3 - .� �QC� � 20 , � .. ftM � � � � ` � �Y T� ��¢ i40 i ;� �� I� . 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' . _ . � - - - ' - 0 RFSCI,LT1'I�ON AA. — 1984 RFS�,t,TIZON AU�iORIZIl� � POSTII� OF "NO PARKII�G" ON 73iiU AVFNUE (N�SAS 3 a'7 ) BEIYJEf28 UNNF.�Z.SI'1'Y AV ENUE (T. 8. 47 ) AND CB�TIRAL AVFNCIE (GSAB #35) WHF�F',AS, 73rd Avenue will be reconstructed to acoonu�aciate 4 lanes of traf f ic with Intersection (�annelizations, and W�iF.R£AS, the City Co�cil has authorized this improvement of 73rd Avenue to accorunodate the projected traffic volume increase as a result of area 3evelopment, and WFiEREAS, the scheduled improvement plans do not include shoulders or provisions for on street parking and the District State Aid office has required posting of "No Parking" sic,p�s along 73rd Avenue. Naa Zi�IIt�DRE, BE IT R�.SC�,VID by the City Council of the City of Fridley that the City is hereby authorized to post "No Parking" signs on both si3es of 73rd Avenue bet�aeen University Avenue and Central Avenue (CSAH �35) PASSID APiD ADOPI'ID BY ZI�iE CITY OOUNCIL OF THE CITY OF FRIDLEY ZT�iLS DA�C OF , 1984. ' xz�r: SIDNEY C. IPASAN — CITY CLgtR 2,/8/17/6 � w�� J. r�E — rs�coR , � RESOLUTION N0. - 198� RESOLUTZON RIIJAMING THAT PART OF 77TH WAY AND 79TH WAY, LYING BETWEEN MAIN STREET AND THE RAILROAD TRACRS, TO 77TH AVENUE AND 79TH AVENtiE WHEREAS, 77th Way and 79th Way run generally in an east-west direction; and WHEREAS, aIl other numbered streets betWeen Main Street and the railroad tracks are called avenues; and WHEREAS, the Police and Fire Departments of the City of Fridley coneur With the proposed name change for the general safety and Welfare of the area residents; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley: 1. That the part of 77th Way and 79th Way, lying between Main Street and the railroad tracks, be renamed 77th Avenue and 79th Avenue; and 2. The City Clerk be hereby direeted to register said street name changes �ith the appropriate authorities of Anoka County and the United States Postal Service as �►ell as other affected parties; and 3. That this change Will take effect i�ediately. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 198�• ATTEST: SIDNEY C. INMAN - City Clerk 02/8/t?/9 WILLIAM J. NEE - Mayor 13 �p �� FOR CONCURRENCE BY THE CITY COUNCIL January 23, 1984 -- LICENSES T�pe of License: By: Approved By: Cigarette Cafe-de-Fourmies �fark Haggerty James P, Hill 6401 University Ave.N.E. Public Safety Director Fridley, Mn. 55432 ' � Fees: �12.00 14 �--�j► 14 A -=� FOR CONCURRENCE BY TNE CITY COUNCIL -- LICENSES JANUARY 23, 1984 I GENERAL O�NTRACTOR Eagan Oonstruction Oo. 1971 Seneca Road St. Paul, NIId 55122 � Ray lCreps Construction �. , Inc. 1676 Chatham Avenue Arden Hills, i�i 55112 Northwestern Builders 7400 Cedar Avenue South Richfield, NII�1 55423 By: Larry Grell By: Raymond Kreps By: Clay Reynolds 0 , APPROVED BY DARREL CLARK Chief Bldg . Ofc . Same Same , �� FOR CONCURRENCE BY THE CITY COUNCIL —' ESTIMATES � � Herrick & Newman� P.A. 6279 University Avenue N.E. Fridley, I�] 55432 For legal services rendered as City Attorney for the m�nth of December, 1984 Popham, Haik, Schnobrich, Kauftr�n & D�ty, Ltd. 4344 ID6 Center Minneapolis, NA1 55402 For Professional services rendered for Hazardous Waste Processing, January 11, 1984 E. A. Hickok & Associates 545 Indian Mound Wayzata, NA1 55391 Moore Lake Restoration Project I $ 566.45 Moore Lake Restoration Project II $2,197.90 Professional Services for December 1983 0 I � $1,671.30 $ 577.35 $2,764.35 . ViwG�� C. MEARICK OAVlO �. NEWMAN �� JAMES E. fCMMECKOE/[11 HERRIGK & NEWMAN. P.A. ATT011NEYi AT LAW . January 18, 1984 City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 December Retainer: EXPENSES ADVANCED: Northern Messenger re Industrial Revenue Bonds: 68 xerox copies: BALANCE DUE: i / � 6279 UNIVERSITY AVEHUE N.E. FRIDLEY. MINNESOTA 55432 571-3850 $1650.00 11.10 10.20 $1671.30 15 A WASHINGTON OFFiCE SUtTE 80! 2000 L STREE7 N.W. WASHI�fGTON, D.C. 20036 TE�EPHONE AND TELECOPIER 2U2-687•5154 i:lient No: POPHAM, HAIK. SCHN09RICH. KAUFMAN b DOTY. LTD. eo9� (:ity of FridlQy tlttn: Nasim �ureshi r;431 University AvenuQ NE 1=ridley• MN 55432 REMIT TO MlNNEAPOLIS OFFICE 4344 IDS CENTER MINNEAPOIiS, MINNESOTA 55402 TELEPHONE AND TELECOPIER 61Y•333-4800 For professional services rendered� including: Matter No: 1 Hazardous Waste Processin9 12/O1/83 12/OS/&3 12/OT/83 12/12/83 12/14/33 12/15/83 12/1T/83 12/19/03 12/28/83 12/29/83 i � � � DENVER OFFICE Z660 PETRO•LEWIS TOWER DENVER, COLORADO 80402 TELEPHONE AND TELECOPIER 303-292-2660 January 11, 1484 Discussion With Atto�ney Gene�al and John Flora regardin� status and rtseetirtg urith Council. Discussion with Attorney General and John Flora, and� Virgil Marrick regardin� recordi corraspondc�ce to Appeals Court for extension of time for �ecord. ^uiscussion With John Flo�a regardin� me�ting. Meating u,ith City staff to discuss st�atagy. Giscussion With °oard atto�ney regardin� proposed stiaulation. Discussion u+ith City Manager regarding 3oard attorney respon5e. P�eparation of stipulation and correspondence for extension of ti�ng• Discussion With 9oard atto�ney an� Cfty Manager's office regarding proposed settlement. � Jiscussi�n urith City Manager resarein� proposed stipu2ation. Preparation of proposed stipulation and me+no to Council. i�mount Due, Professional Services: �xpenses Advanced: Photocopies total Expenses Advanced: TD?AL AMOUNT, THIS @ILLIN6: AMOUNT OUE, PRIOR BIILING: TOTA� AMOUNT DUE: � f5T6o00 I.35 s1.35 s57T.35� 1 ./ �:is �.-so- s.3b3-�5 16� � FOR CONCURRENCE BY THE CITY COUNCIL -- CLAIMS ( CLAIP". �;L'T"EEfS �6250C - 0�9F22