10/29/1984 CONF - 52191,
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FRIDLEY CITY COUNCIL
CONFERENCE MEETIiVG
OCTOBER 29, 1984
SOLID WASTE DISPOSAL STUDY
CONNIE METCALF, LEAGUE OF WOMEN VOTERS
�OANN C� NELSON, CHIEF OFFICER
RECYCLING UNLIMITED
2� TRAFFIC STUDY OF HIGHWAY 6S AND WEST MOORE LAKE DRIVE
INTERSECTION -- 100 TwtN DRIVE-IN $ITE
GLEN VAN WORMER, SHORT ELLIOTT-HENDRICKSON
3� HOUSE OF PROSTITUTION, PUBLIC NUISANCE ORDINANCE
4. OTHER
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Statement to the Fridley City Council 2k September 1984
Fridley LeaB'ue of Nomen Voters� Consensus on Solid Waste
There is sccelerating aonaern all over the Korld for aolid xaste
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abatement and disposal.� In �973 the League of Women 9oters of the
U.,S.. adopted the folloxing poaition:
♦ction supporting poliaies to reduee the nonessentiel
part of the Kaste stream,recover its nonreducible por-
tion. then ensure ssfe dieposal of the rest.
In the ssme year the League of ilonen Voters of Hinnesota adopted
the folloxing position:
gupport of ineasures to reduce generation of solid xaste.
The Le�gue of liomen Yoters of Fridley studied solid xaste disposal
in the fall of 1977 snd aubsequentl� aupported the organization of
s eollection eenter for recyclables in Fridley. The SORT recy-
cling center opened in Februsry 1979.
In 1980 the Lesgue of Women Voters of Fridley age�n studied solid
xaste and heard a report by 8obert Hutchison. Anoka County�s
Director of Ehvironmental Services.
that year.
The League took no consensus
This past year the League of Pridley studied eolid �vaste disposal
particularly as it affects Fridley�s householdera. We xould like
to submit to the eouncil the results of our consensus.
The League of iTomen Voters of Fridley:
supports private over municipal trash hauling !'or the
aity=
does not support tresh-hauling districts for the city;
aupports hauling fees ibsed on the volume of trash per
household;
aupperts door-to-door pick-up of recyclableet
eupports a municipsl aomposting program; end
encourages all bueinesses in the city to recycle.
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Statement to the City Couricil. 9/2k/84
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, The League presents these positions to the city council to •
stimulate and encourage aetions which xill reduce our depen-
dence on landfills and �ill induce reeidents to reuse meiterials
and reaycle. As the nex Metro Council chairperson 9andrs Gar-
debring seid at the recent forum. "There is no d'ebate about
xhether �e should move axay from landfills and develop slter-
t�e►tives."
I xould like to emphasize that in these positions the League
of P�idley supports the eity in its private trash hauling
position and in the ].e�ck of zoning for trash haulers. On the
other hand the League believes that residents xould reduce their
xaste if they t�d to pay according to the number of trash oans
or bags filled eaeh xeek. Also the League supports a municipal
composting program phich �vould make useable the yard �astes of
leaves end grass clippings phich now are carried off to the
landf � lls .
I noticed in the September Metro Monitor that participants
at the le►ndfill abatement forum favored legislation to prohibit
dumping unproceased xaste into landfills and favored makit�g
source separation or recycling mandatory for individue�l house-
holds and businesses. Quoting from the Monitor, "During October
the Council �ill prepare a first draft of a regione.l abatement
plan it hopes to edopt in Jenuary 1985."
Door to door, or curbside, recyclir�g is now established in
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Kinneapolis. St. Peul. Centerville, Falcon Heighta. Isuderdale,
Ne� Brighton. 3t. Anthor�y. 9t. Louis Park and White Bear Township;
Hepkins and 8lchfield have started pilot projecte. Other cities
in the metro area like Edina. Chaska and Ezcelsior are beginning
to plan. Could P�idley be the first aity in Anoka County to
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Statement to the City Council. 9/24/64 3
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hsve such s program? The 30AT aollec'tion aenter xas opened xith
the support of the aity� but Re�cannot ezpect every Fridley
reeident to trsnsport his/ber reayclables to s aolleotion aentert
�st as Gardebring says � Thera le no a►lternstive to 3,andfill
abstement - xe muat reduoe our xaste. The League poaitions on
a oity oomposting program, door to door recycling pick-up and
hauling charges that encourage recycling can reduce that Naste
at the least 20�. The I,eague of Yomen Voters of Fridley urges
the city aouncil and the sdministrstion to implement such programs.
We thank you for this opportunity to present our solid Neste con-
sensus to you.
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AGREEMENT
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This Agreement entered into this day if � , 1984,
by and between the City of FridleY, a Minnesota municipal corparation
1lereinafter calted "City° and RECYCLING UNLIMITED, INC., a Minnesota
Carporation, hereinafter called "RU".
PURPQSE:
The City desires to imptement a pragram for the recycliny of
waste mater i al s i n the Ci ty. By impl ement i ng th i,s �rogr•arr� the Ci ty
hapes to reduce the use of landfills in Anoka Gaunty and conser�e
natural resources. The program will commencE January 1, 1985 and
car�tinuE until C�ecember 31, 1989. The success af this pr•ogram depends
upan tF�e par t i c i pat i on af res+ dents i n tf�e Ci ty. TF�e pur�,ose af th + s
Agreemen t i s ta se t far th the catrac tual terrr�s for fi'h�e cal 1 ec t i on a.nd
di s�+osal of waste praduct mater i al s by RU i n c�rder to i nsur•e the
eff i c i ent and successful im�l ementat i or� Cf thF pr�agr�am.
IN GONSIDERATION QF SUGH FAGTS, AND TO FULFILL SUCH PURPU�ES THE
CI Tl' AND RU F,GREE AS FOLLQI,JS :
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1. �� Authcrization of Pickua.
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�: .' Gi ty hereby desi gnates RU as the autf�ar i zed organ i zat i ar, tG
engage in the curb side picKup of recyclable waste within the Citr for
recycling. RU will recognize communitY �alunteer organizations and �
their in�ol�ement in the community. RU is autharized to callect such
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materials within the following described area of the City:
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2. Coliection ReQUlations.
2.1. RU shall pro�ide the �ehicles and c+ther necessarY
equipment for the pickup of the recyclable materials. RU shall also
provide the indi�iduals necessarY to imptement the picKup �nd disF�osal
of cGllected recyclable materials.
2.2 Collection of recyclablE mater�ials shall commence
Janua.rY 1, 1985, and shalt be cand�►cted on a regutar schedule
tr,ereaf ter .
2.3 In the e�er�t of se�ere weather� causing
cancetlation of a scheduted pickup, RU shall resct�edule the pickup far
the next day.
2.4 RU shatl pro�ide the CitY monthly rE�,arts of the
totat tonage af materials collected by RU.
2.5 RU i s sol el y responsi bl e for tl-�e sa.1 e and
dispo�ition of materials collected by RU. The praceeds of the sale of
the ma.ter i at s col 1 ected by RU sf�al 1 bel ong sat el y ta f�U. �,ny drop-�ff
ser�ice ta>� RU is salely the re�F�onsib+l ity of RU.
2.� RU will start its collection at 7:aG a.m. in each
designated area and day.
2.7 RU will adequately clean up any materials apilled
or blown du�ing the caurse of pickup and/ar hauling operations.
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2.8 RU wilt supply adequate collection crews to
futfilt specified cQttection requirements.
2.9 If weather conditions require the cancetling of
callection, RU wilt ha�e WCGO and KBTP radio annaunce the
cancetlations.
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3. Public Awarene�s
Both City and RU sh�tl ur�dertake pramotional efforts to ad�ise
the public af the recycling program.
4. PaYments bY Citr.
Ci ty �t-�al 1 pay to RU far prov i di ng the ser�U i ces requ i red by tf� i s
Agreerr�ent a mar�thly payment. This paYment shall Ge dEtermined in
accordancE with the terms set forth in tr�e attached Exhibit A.
5. RU as an Inder,Endent Gc,ntractor.
It is expres�ly understood and agreed that RU is an ir�dependEr�t
cc�ntra.ctor and atl persons employed by RU in the performar�ce af any
work c+r ser� i tes r•equ i red ar prov i ded for f�er�e i n shal 1 not be
considered employees of the City for any purpase wt�atsoe�er,
including, but nat limi#ed to, wor•ker's �am�er�sation co�erage,
unempl oYment i nsurance berref i ts, sac i al secur i ty cc,Werage, r�et i r�Err�Ent
memaemrship or credi t, and ar�y and al l sucr� claims and ar�y and al l
elaims made by third parties as a consequence of any act or orr�ission
on .the part of RU's employees or agents whitE engaged in ar�y work or
�er�ices under this Agreement shall in na way Ge the obligation or�
respansibility of the City.
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6. LiabilitY.
� RU agrees to defend, indemni4y, saue and hold harmless the City
from and against any and all.claims, demands, liabilities, actions or
causes of action of whatsoe�er nature or character arising in any
manner aut af ar by reason of this Agreement and th� performance of
worK or se��ices or th� failure ta perform work or ser�ices in
connectian herewith.
7. Insurance.
RL� agrees to produce at its owr� expense a compreshensi�e general
liability insurance policy, naminy thE Cit>• as an additional insured,
insured in the minimum amount of �140,Q00 bodily injury or deatt� of
one person, �300,OOQ bodily injury per occur�nce, ar�d �1�O,QOC�
prapErty damage. Co�erage perta+ns ta the operatian of RU. RU
further agrees to maintain WorkR�an's CGmpensation Insurance, and to
maintain insurance an its �ehicles and to �equire #he rr�ainter�ancE af
insur�ncE on its �ehicles in the pErformance of his cantract with
bodily injury limits of at least �lOQ,000/3GO.00�O and property dama.ge
t imi ts of �10Q,000, naming tt�e Ci ty as ar� addi tiona.l insured.
8. TErm of AQreemer�t.
Unless otherwise terminated or extended this Agr�eemEr�t �hall
camrr��nce Jar�uary �, 198� and termi nate DECember 3� , 1S+$9. Th i s
Agreement may be extend�d with the mutual writtEn cansEnt af bath
arties. This Agreement shall be suG,iect to term+r�at�on DY E+cner
°par.ty without cause ninety C90) days' ad��ance written notice to RU if
the g�ounds for such termination is a failure an the part of RUI to
pro�ide pickup ser�ices and equipment in accordance with the
pro�isions of this Agreement.
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IN WITNESS WHEREFOF the parties hereto ha�e executed this
Agreemer,t as of the day and year first written abo�e.
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', CITY OF FRIDLEY
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� a Minnesota Municipal Corporation
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BY
BY
I#s Mayor
Its City C1erK
RECYCLING UNLIMITEG, ING.
BY
Its PresidEnt
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E�.HIE�IT ���,��
TEF'C�?':� GF F'�'�'�tEh�.�T
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PL.NNIP�G COMMISSION FIEETING OCTOBER 17 1984
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The Commissioners agreed that an alternate access to Locke Park should be
constructed prior to the vacation of Able Street.
JHOTION BY !�lR. Oj1UIST� SECQNDED BY MR. MINTON� TO RECOMMEND TO CITY COUNCIL
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APPROVAL, IN PRZNCIPLE, OF VACATION REQUEST, SAV N84—O5, TARGET� INC., BY
DICK BROOXS� T�O VACATE ABLE STREET SOUTX OF 73RD AVENUE N.E. TO ALLOW FOR
FUTURE EXPANSION OF TARGET OFFICE AND WAREXOUSE, THE SAME BEING 1090 73RD
AVENUE N.E. AND 7120 XIGHWAY �165.� WITX TXE STIPULATION TXAT BEFIORE TAE
VACATION ACTUALLY G�OMMENCES, TfIERE BE AN APPROVED, IJ�RDVED ACCESS TO
LOCKE PARK.
UPON A VOICE VOTE, ALL VOTING AYE, CXAIRWOMAN SCXNABEL DECLARED TNE MOTION
CARRIED UNANIMOUSLY.
6. CONME�JTS OR RECOMMENDATION OP� AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE
I 6 NE CHAP ER 6 ENTITLED, HOUSES F PROSTI I l: PUBLI
NtiTCnNrr� •
Mr. Oquist stated the Community Development reviewed this ordinance at their
last meeting. The Community Development Commission did not have any
recommended changes, because the ordinance was obviously written in legal
form by an attorney. The Conanission felt that if the ordinance can hold up
in court, as written, they would recarmend approval.
Mr. Jim Hill, Public Safety Director, stated the document was actually drafted
by a Nennepin County Attorney and was still under consideration by Hennepin
County and the City of Minneapolis. He stated the City of Fridley has made
some minor modifications to the document. He qave the Commissioners an updated
copy of the ordinance. He stated that because of the emergency situation in
Fridley,they have alrPady had the first readina at City Cnuncil. He stated
they are trying to keep the ordinance as simple as possible because they assume
it will be challenged.
INOTION BY MR. MINTON, SECONDED BY 1NR. SABA, T�O RECOMMEND 41D CITY COUNCIL
A PPROVAL OF AN ORDINANCE RECODIFYING TNE FRIDLEY CITY CODE BY ADOPTING A
NEW CHAPTER 126 ENTITLED� "HOUSES OF PROSTITUTIDN: PUBLIC NU3SANCE".
UPON A VOZCE VOTE� ALL VOTING AYE� CHASRWGlMAN SCIff�ABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Ms. Schnabel thanked Mr. Hill for coming to the meeting and reviewing the
ordinance with them.
7. RECEIVE SEPTEMBER 24, 1984, PARKS & RECREATIO�J COMMISSION MINUTES:
AlOTIQN BY MR. ICONDRICR, SECONDED BY 1�LS. GABEL, TO RECEIVE Tl'IE SEPT. 24, 1984,
PARKS & RECREATION COMMISSION 1NINUTES.
Mr. Kondrick stated he had brought up the subject of programning in the
Center City Plaza area and had wanted to.know of the Parks b Recreation
Comnission had any ideas on how they could better utilize the plaza area to
greater advantage in 1985. He stated Dr. Boudreau had said the plaza was
pnt a park facility. The City does assist by programming some programs in
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AN pRDINANCE RECJODIF'YIl� Z�IE FRIDLEY CITY CODE BY ADOPTIl�
A NII�I Q3AP'I�F2 126 ENTIZ�,�9 "HQISES OF PR06TI7.UTION; PUBLIC
NUISANCE"
ZHE CITY OOUPICIL OF THE CITY OF FRIDLEY DOF� OROAIN AS FOLLQn1S:
126.01. DEFINITIONS
The tertns used in Sections 126.01 through 126.07 shall have the meaning herein
given:
l. Building.
Includes any structure suitable for h�an sY�,elter and the ground itself.
2. Mavable Property.
Includes furniture, fixtures and materials.
3. r",aterials.
Incluc3es books, magazines, g�mphlets, �pers, writings, cards, advertis�nents,
circulars, prints, picture�, phctographs, motion picture f ilms, plays, images,
instriar►ents, statutes, drawings and videos.
//4. Illegal Sex Acts.
Incluc�es the oonduct def ined in rlinnesota Statutes, Sections 609.293, 609.294
and 609.34.//
//5.// � Prostitution ana Prostitution Related Offenses.
Includes the oonduct def ined in Minnesota Statutes, Sections 609.321 th rough
609.324.
126.02. ACTS OONSTIZTJTING A NUISANC�
1. Any building or portion thereof used or maintained for //either of the
following purposes// the �ur�os� of comanittina acts of � G tf ution or
pr��t;t„t;on reiated offenses shall constitute reasonable cause that a public
nuisance exists.
//A. For the purpose of coru►utting illeg�l sex acts;
B. For the purpose of co�nitting acts of prostitution or prostitution
related of fenses.//
2. Conclusive evidenGe as to the existence of a public nuisance shal 1 exist
upon proof of //any of the following: A.// three (3� or more misdemeanor
oonvictions or two (2) or more gross misdemeanors or feloriy oonvictions within
the previous two (2) years for acts of prostitution or prostitution related
offenses arising out of conduct co�r�mitted within or upon such building or
portion thereof. //; or//
//B. Three (3) or more convictions within the previous two (2) years for
oaimitting illegal sex acts arising out of conduct committea within or upon
such building or portion thereof.//
3. Any building or portion thereof and all movable property used in
conducting or maintaining a public nuisance shall be enjoined and abated as
pxovided for in Sections 126.04 through 126.07.
126.03. NOTICE
Notice of any convictions described in Section 126.02 of this Chapter shall be
sent by United States mail to the owner of record, all other interested
persons or parties of record, the occupant of such building or portion thereof
and shall be filed with the County Recorder's Of£ice. Such notice shal 1 be
deened sufficient as to all interested persons, including persons or garties
not of record or unknawn, that the building, or a portion thereof, is being
used for purposes constituting a public nuisance.
126.04. INJUNCTIVE RFi�,'EDIFS
1. 4�,enever any ootmty attorney, city attorney or resident of the City has
reasonable cause to believe that any person within the City is violating
Section 126.02, he or she may by verified petition seek a t�porary injunction
in district court in Anoka County. No temporary restraining order or
preliminary injuction shall be issued without a prior show cause notice of
hearing to the respor�ents to be heard. Personal service of the show cause
order and of the petition macle as in civil actions on the named respondent�,
or upon any of their employees or agents found within the State, shall
constitute sufficient notice. Such show cause order for hearing may be
returnable on the third day fram the date of service as to a respondent who is
pre�ent in this State, and on the f ifth day as to a person not a resident or
not found within this State.
2. Any t�nporary restraining orcier or ta:�porary injunction �ranted shall be
binding on the owner and all other persons or parties, known or unkno4�n,
claiming any right, title, estate, lien or other interest in the buildina or
portion thereof used or maintained for purposes constitutinq a public
n�isance.
126.05. TRIAL, ORDER AND ABAZ�TP
1. Pursuant to the Rules of Civil Procec�re, the court may also order the
trial of the action on the merits to be advanced and consolidated with the
hearing on the motion for a tenporary injunction. Proof of any of the
circ��stances enurr�erated in Section 126.02.2 shall be conclusive as to the
existence of a public nuisance anu the court shall order the abatenent of the
nuisance.
2. �e court is autY��orizeci to order the renoval fram the buil�ing or portion
thereof of all movable property used in conducting or maintaining such
nuisance and nay direct the sale of such property as belong to the def endants
who were notif ied or appeared and shall direct the closing of the building or
portion thereof for a period of or�e (1) year, except as to such use requested
by a person appointed by the oourt as receiver of such building or portion
thereof and as such use is f urther approved by the court. All remedies
prwiding for the seizure of property for the purpose of securi.nq satisfactior.
of a judg�nent shall be available under the circumstances and in the manner
prwided by the law of tt��e State. All costs of receivership shall be paid out
of the receipts from the sale of the property or rents oollected.
3. Where the building or portion thereof is a non-conforminq use for
m�micipal zoning purposes, the abatenent shall constitute a discontinuance of
such use and, thereaf ter, the use of the building or the portion thereof
abated must conform to the use permitted in the zoning district ir� which it is
located. Additionally, if the abatenent of a portior. of the building results
in a reduction of the degree of the builCinq's norrconformity, the degree of
norrconformity may not be thereafter returned to its original status.
4. Zhis Section does not limit the destruction of any rtiaterials pursuant to
rlinnesota Statutes, Section 617.27.
126.06. �II�P
Whoe'ver violates a restraining order, ter�porary injunction or abatenent order
granted under Sections 126 .02 through 126 .07 �r�ay be adj udged in contempt of
court and punished accorc1ingly. In addition, if any defendant fails to
perform an ordered act, the court may direct the act to be done in accordance
with Rule 70 of the Rules of Civil Procedure.
126.07. PARTIFS ZO AC`rIUN
Eefore any abatement order shall be enforced against the building or the
p�rtion thereof abated, the owner thereof shall be served with G �utr.mons in
accordance with P.ul.e 4 of the Rules of Civi.l Procedure. The person in whose
name the buil�ing or affected portion thereof is recorded with the County
Auditor for purposes of taxation shall be presumed the owner. In case of
unknawn persons havinq or claiming ariy awnership, right, title or interest in
the property, they may be made parties to the action by cesignuting them in
the summons and complaint as "all other persons unknown claiming any
aanership, right, title or interest in the property affected by the action"
and servioe thereon made in the r,�anner prescribed in Rule 4.04 of the Rules of
Civi.l Procedure.
PASSED AI�ID ADOF�'F�: BY �3E CITY QOUNCIL OF �:E CITS.' OF FRIDLEY THIS DAY
OF ., 1984. �
WILLIA[�i J. D]EE - !�'lAYOP.
A�"TFST :
SIDNEY C. Il�4iAN - CITY CGERK
First �eading: �CTOBER L, �984
Second Reading:
Publish: