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11/05/1990 - 5136� t.; . �- ;'�., �� OFFICI7IL CITY COII�iCIL 11a1lND71 COIINCIL 1t8BTI'TG iTOVEI[SE�t S, 1990 ,'�;��t�t j,,�!/ r� PLEAS PR: NT NAME , FRIDLEY CITY COtJ�TCIL It8$TZNG ATTENDENCE SHEET MONDA� , November 5 , 1990 7:30 P.M. ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM �nrrnc+n �' FRIDLEY CiTY COUNCN. �� U YOf NOVB�IBBA S� 1990 FR DLEY . . :� " • • �• s�_ •� Cathy Nelson Day November 7, 1990 APPRO'IAL OF MINQTEB: �:ity Council Meeting of October 15, 1990 ,�DOPTlON OF AGBNDA: OpgN F�1RIIM. VISITORB: (i'onsideration of items not on agenda - 15 minutes) FRi )LEY CiTY COIINCiL l[E$TiNa, )TOVBliB$A S, 1990 Paqe 2 Q� BU8iNE88: Sec�nd Readinq of an Ordinance Rec�difyinq the Fridley City Code, Cha�ter 602, Entitled "Beer Licensinq," by �mendinq Section 602.08.05 . . . . . . . . . . . . . . 1- lA Sec�nd Reading of an Ordinance Rec�difying the Fridley City Code, Cha�ter 603, Entitled "Intoxicating Liqior," by Amendinq Sections 603.10.7 and 603.24 . . . . . . . . . . . . . . . . . . . . . . . 2 - 2C Spe:ial Use Permit, SP #g0-15, by Al Sch�ader, to Allow Repair Garaqes; to All>w Automobile Service Stations and Mot�r Vehicle Fuel and Oi:l Dispensinq Serrices; to Allow Motor Vehicle Wash Estiblishments; to Allow Exterior Sto-age of Materials and Equipment, All on Lots 1 throuqh 9, Block 1, Cen:ral View Manor, and Lot 3, Block 1, Cen:ral View Manor 2nd Addition, Gen�rally Located at 7355 Hiqhway 65 N.E. (Ta: >led 10/15/90) . . . . . . . . . . . . . . . . . . . . 3 - 3I Fir�ct Reading of an Ordinance to Amend the City Code of the City of Fridley, Min,iesota, by Makinq a Change in Zoning Dis� :ricts (Tabled 10/15/90) . . . . . . . . . . . . . . 4 - 4A ?AI1 ►LEY CITY C0�1CIL �LE$TiN3, liOVBI[88R 5, 1990 Paqe 3 . . : � : ,�: � h• �r �1�� . app+►intment to the �,ppeals Commissfons (Tal ►led 10/15/90) . . . . . . . . . . . . . . . . . . . . 5 T�R BIISINE88: Res��lution Providinq for Public Sale of ��1,615,000 General Obliqation Wat�:r Revenue Bonds, Series 1991A . . . . . . . . . . . . 6 - 6X Res�►lution Providing for Public Sale of ;�1,020,000 General Obliqation Imp:�ovement Bonds, Series 1991B . . . . . . . . . . . . . 7 - 7Y Rec��ive the Minutes of the Planninq Com��ission Meetinq of October 24, 1990: . . . . . . . . . 8 - 8KK A. Special Use Permit, SP �90-17, by Lynn and Christine Hansen, to Allow an Accessory Building in the CRP-2 District (Flood Frinqe) on Lot 13, Block 4, Rice Creek Plaza North Addition, Generally Located at 230 Rice Creek Boulevard N.E. ............. 8E - 8G ............. 8S - 8Z FRI DLEY CITY COtJ�TCiL l[8$TING, lTOVF.MB$it 5, 1990 Paqe 4 :� = = � = �.: _ _ h• ,Y ,1�� : . Rec:ive the Minutes of the Planninq Comaission Meetinq of October 24, 1990 (Co ntinued) : B. Establish a Publfc Hearinq for November 19, 1990, on Proposed Landscape Amendments to the Zoninq Code ....................... 8N - 8Q ....................... 8AA - 8KK Est�blish a Public Hearinq for November 19, 199�, on an Ordinance to Collect a Recycling Fee . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Approval of Motion for a Supplemental Appropriation from the Storm Water Res�rve to the 1990 Storm Water Project for the 52nd Avenue Storm Drain Extension ........ 10 - lOB Approval of Proposed 1991 Agreement Betaeen the City of Fridley and the Anoca County Communications Workshop . . . . . . . . . . il - 11B FRZ� L8Y CITY COD�TCIL lt$$TI�G, kOVEMBgR S, 1990 Paqa 5 � : : � : ,� • : _ h• :!� �t�� . . Resclution In Support of an Application for a Lawful Gamblinq License to the Church of the Zmma culate Conception . . . . . . . . . . . . . . . . . . 12 - 12A Resclution Authorizing Chanqes in App=opriations for the Capital Improvement Fund, Park Improvement Divi sion . . . . . . . . . . . . . . . . . . . . . . . . 13 - 13A Resclution Approvinq Plat, P.S. �89-01, Sul] ivan's Overlook . . . . . . . . . . . . . . . . . . . 14 - 14C Resclution Approving Plat, P.S. �90-04, Tarcet Northern Distribution Center 2nd Add� tion . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15C Resc�lution Desiqnatinq Time and Number of t �ouncil Meetinqs . . . . . . . . . . . . . . . . . . . 16 - 16B lRIDL] �Y CIT7f COII)iCIL l[SSTI�IG, �OVlaLBER S, 1990 paq� i i�t ��l Infc Con: of t Clai LiCE Esti �__� r • Cathy Nelson Day November 7, 1990 VI(ittiam Mayor Fridley J. Nee MN �3-i �2�,��I,S, Cathy�l(�lson Fias ta.u�ht�merican Fiistory in �ridCeysince 1977; an�f �YV�, ��,��IS, srie �ias deen named t.ke 1990 J►�C'u�cnesota 7eacFier of tFie �ear; ancf ��,��I,S, sFie is natiorcal�y recogni.ze�f for deve�oping innovative curriculum wFii� :h expan�fs allstudent's l�,rcow�edge 6ecause it is fair to d'�erent cu.�tures, tFiose witl . Fiarcd'�caps, and 6othgenders; an�I `YV� ��,��t,S, Cathy �lson was also named tFie �ridley �I"eacFcer of tFie }rear for 199� ►, awarded tFie 70PS award in 1988, and ?Fie 7eacFcer of ��ce(.�ence award in 198, �; and `YV3� ��,��1,5, Fier commitment to exceflence in teacFiing and Fier wor�, in staff rlev� (.�pment Fiave touched tfie �ives of countless stu�tents, col%agues, and ot�iers in tFie :ommunity; and `YV3 ��,��1,5, tFi.e citizens of �i�ey recogni.ze tFce very important role teacFiers p�ay in o cr ckild'ren's and our community s cfeve�opment; �O YV, 7�f��,��0�,�, B� I7�,�SOL�ED that I, �Ni(.�'uzm �. .�1(�e, �►�fayor of tFie Cit� of ,}"rid�ey �iere6r� procl'aim �LVerinesdaa� �vemder �,1990 as Cathy Neison Day in � ri�ey, andfurthermore, encourage �ridCey resufents to atteruta reception in Fier Fion �r on �vem6er 7th at the �iYd'Cey �fiBFi ScFcoo�from 3- 6 pm. I� `WI2��SS �f��,�0�; I have set my Fcand and cause�t tFie sea�of the City of �'ri�lley to de affi.�ed this 5th day of �vem6er,1990. WILLIAM J. NEE, MAYOR THS 1[INOT88 OF TSS litIDLEY CITY COO'iCIL �EET�3 O!' OC.'T08ER 15, i990 8�$ I�tINOT$8 OF THB REaIII.lIR !t$$TI�TG OF T8g FRIDLSY CITY COIINC=L OF Q� SBR 15. 1990 The Regular Meetinq of the Fridley City Council was called to order at i:30 p.m. by Mayor Nee. PLELGE OF ALLEGIANCE: Maycr Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMB�RS PRESENT: Mayor Nee, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBsRS ABSENT: Councilwoman Jorqenson PRES�NTATION OF PROCLAMATION: CRIME PREVENTION MONTH, OCTOBER, 1990: Mayo:- Nee read and issued a proclamation proclaiminq the month of Octo]►er, 1990 as Crime Prevention Month. He encouraqed all citi;�ens, businesses, and institutions to increase their crime prev�:ntion participation, organize crime watch neighborhoods, and rece:.ve Fridley neighborhood crime watch signs. Mayo�� Nee presented this proclamation to the Police Department's crimE prevention mascot, McGruff, the Dog, who thanked the Mayor for taking a bite out of crime in the City of Fridley. INTRtDUCTION OF NEW FIREFIGHTER: Mr. �ldrich, Fire Chief, introduced Kevin Swanson, Fridley's new full-time Firefighter. He stated that Kevin has been a paid on- call firefighter with the City for nine years. He stated in addition to his fire suppression skills, Kevin is a nationally registered emergency medical technician and has a wide range of mechanical skills. Mr. Aldrich stated that he was pleased to have a per�on of Kevin's caliber join the Fire Department as a full-time emplo �ee. APPROJAL OF MINUTES: :OUNCIL MEETING, OCTOBER 1, 1990: MOTIO i by Councilman Schneider to approve the minutes as presented. Secon�ied by Councilman Fitzpatrick. Upon a voice vote, all voting aye, lsayor Nee declared the motion carried unanimously. 0 FRIDL]3Y CITY COONCIL MEETIldQ Ol� OCTOBE� 15,1990 Pl�aB 2 ADOPTION OF AGENDA: The following item was added to the agenda: (22-1) Chanqe Order No. 1 with Keys Well Drillinq Company for �ionitorinq Wells at Commons Park, Project No. 208. MOTION by Councilman Fitzpatrick to adopt the aqenda with the above addition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Art Moreau, Commander of Fridley's American Leqion Post, submitted a$2,250.00 donation to the Police Department's D.A.R.E. program. Mr. Hill, Public Safety Director, stated that this donation will help the City continue the D.A.R.E. program. He stated that a similar contribution has also been pledged from the Lion's Club. He stated that the D.A.R.E. program educates children to keep them away from drugs and operates throughout the country. He stated that it is hoped, in time, this program will reduce drug use. Mr. Hill thanked the American Legion for this donation. PUBLIC HEARINGS• 1. �IIBLIC HEARING ON THE ISSUANCE OF AN ON-SALE INTOXICATING �QUOR LICENSE TO THE MOOSE LODGE FOR THE PROPERTY LOCATED AT 8289 UNIVERSITY AVENUE N.E.: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:39 p.m. Mr. Pribyl, Finance Director, stated that this public hearing is for the issuance of an on-sale intoxicating liquor license for the Moose Lodge at 8289 University Avenue. He stated that if the Council approves this license, it would not become effective until October 25, 1990 when the new ordinance qoes into effect. No persons in the audience spoke reqarding the issuance of this on- sale intoxicating liquor license. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:40 p.m. � DL$Y CITY COIINCIL 1[BBTINa O� OCTOH$R 15.1490 P�Q$ 3 2. PUBLIC HEARING ON A REGISTERED LAND SURVEY, P.S. #90-05. BY DAN SULLIVAN TO CREATE TW TRACTS, TRACT A AND TRACT B TO SIMPLIFY EXISTING LEGAL DESCRIPTIONS, GENERALLY LOCATED AT 1161 REGIS LANE N.E.: MOT[ON by Councilman Schneider to waive the readinq of the public hea cing notice and open the public hearinq. Seconded by Councilman Fit�patrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:4 L p.m. Ms. Dacy, Planning Coordinator, stated that this proposed reg Lstered land survey subdivides an 80 by 665 foot parcel into two tra:ts which is currently described by metes and bounds. She sta�;ed that the parcel is located south and adjacent to property at .161 Regis Lane and that this subdivision would create Tract A and Tract B to simplify existing legal descriptions. Ms. Dacy sta�:ed that Anoka County requested that the petitioner process the sub�livision in this manner to eliminate the metes and bounds des�;ription and clear the title to this property. Ms. Dacy stated that the Planning Commission recommended approval witl.no stipulations. She stated that there is a resolution on the Coui.cil's agenda this evening to approve this registered land sur� ey. She stated that a resolution will also be forthcoming in the next month to approve the oriqinal plat as this was not approved due to the leqal issues regarding the description. No p ersons in the audience spoke regarding this proposed registered lanc survey. MOTION by Councilman Schneider to close the public hearing. Seccnded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:44 p.m. 3. �UBLIC HEARING ON A PRELIMINARY PLAT P S �90-04 BY TARGET �TO�2THERN DISTRIBUTION CENTER 2ND ADDITION, BY DAYTON-HUDSON CO�PORATION TO ADD A 70 X 1,100 FOOT STRIP OF PROPERTY TO TARGET'S EXISTING PROPERTY WHICH IS NOW PART OF M.T. PROPERTIES' RAILROAD RIGHT-OF-WAY. GENERALLY IACATED WEST OF �IIGiiWAY 65 AND SOUTH OF THE TARGET NORTHERN DISTRIBUTION CENTER BUILDING: MOTI )N by Councilman Fitzpatrick to waive the readinq of the public hear Lng notice and open the public hearing. Seconded by Councilman Schnaider. Upon a voice vote, all votinq aye, Mayor Nee declared the notion carried unanimously and the public hearing opened at 7:44 p.m. FRIDLBY CITY COIINCIL ]LE$TINa OF OCTOBBR 15.1990 P�aB 4 Ms. Dacy, Planninq Coordinator, stated that Tarqet is proposinq to acquire a strip of property from the Kinnesota Transfer Railway Company. She stated that on the zoninq map this strip has not been assigned a zoninq district and if this plat is approved, the petitioner will submit a rezoninq proposal. She etated that the purpose of this acquisition is to provide additional parkinq and maneuvering area for Targ�et � s vehicleB, as well as storage for some pallets. She stated that this strip of land is located under the existing power line from Highway 65 west alonq the rear of the Northco property. Ms. Dacy stated that the Planning Commission recommended approval of the plat with some stipulations. She stated that staff is working with Tarqet to resolve the landscapinq issue. She stated that a resolution for approval of the final plat will be presented to the Council in November. Mayor Nee asked if the Minnesota Transfer Railway Company has no further use of the right-of-way. Ms. Dacy stated that Minnesota Transfer Railway Company felt they could convey this particular strip to Target as they do have additional right-of-way. She stated that their railroad track is not located exactly on this particular strip and involves only a portion of the existing riqht-of-way. No persons in the audience spoke regardinq this proposed preliminary plat. MOTION by Councilman Billings to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearinq closed at 7:48 p.m. 4. PUBLIC HEARING ON A REZONING RE4UEST ZOA �k90-05 BY AL SCHRADER TO REZONE LOTS 7 8 AND 9 BLOCK 1, CENTRAL VIEW �NOR _ FROM M-1 LTGHT tNniTSTRTAT. _ Tn c!-� _ r_FUFUnr. cunvvTnrr_ GENERALLY LOCATED AT 7355 HIGHWAY 65 N.E. FOR THE CONSTRUCTION OF AN "AUTO MALL" AND A RESTAURANT: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearinq. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:48 p.m. Ms. Dacy, Planning Coordinator, stated that this property is located on the northeast corner of 73-1/2 Avenue and �rest of and adjacent to Central Auto Parts. She stated that the parcels to the east and south are zoned M-1 and parcels to the west and north are � h� � j. 1_: c • s��l' i� : �� zoned C-3. She stated that the proposal iB to rezone three lots fron M-1 to C-3 to form the southeast part of the proposed site for an a uto mall . Ms. Dacy stated that the Planninq Commission recommended approval of this rezoning subject to two stipulations which she outlined. Mr. John Buzick, 14850 Butternut Street, Andover, and an adjacent pro�erty owner, stated that he has a problem with flooding on his proFerty and, with development of the Super-America station and Hydraulic Specialties, pondinq is not sufficient for this area. He stated that he is in favor of Mr. Schrader's development, but the water problem needs to be addressed. Mr. Buzick stated that watEr from the trailer park drains onto his land and in order for development to occur, the area will have to be filled which would protably create a qreater water problem. Mr. Flora, Public Works Director, stated that a permit would have to l�e obtained from the Rice Creek Watershed District when the proF erty is developed and the quantity and quality of water leaving the site can be no greater than before development occurred. He felt a water retention pond would have to be constructed on-site. Mr. Buzick stated that he is beinq flooded each year by water that shoLld be retained on other areas. Mr. Flora stated that as each site is developed, there are detention ponds provided on-site, however, some of the older parcels do not have any detention facilities. Courcilman Schneider stated that he understands Mr. Buzick has a proYlem with floodinq even before this site is developed. Mr. Suzick stated that some of the sites have been filled and now ther e is water draining on his property. He stated that 73-1/2 Averue sometimes becomes a river that drains on his property. He stated that Super-America is not retaining all the water they shoLld be holdinq. Courcilman Schneider asked Mr. Flora to check into this issue. Mr. Larry Falck, 1135 - 73-1/2 Avenue, asked what type of street impiovements are proposed for this development. Mr. Elora stated that there are no planned improvements for 73-1/2 Averue. He stated that at some time in the future, Viron Road may be �:xtended and the median on Hiqhway 65 would be closed. He stated that these are the only street improvements forecasted for thi: area. Mr. Falck asked how it is proposed to move traffic in and out of this site. tRIDLEY CITY COt�iCIL KEETINa O� OCTOBB� 15.1990 P�GB 6 Ms. Dacy stated that the developer was asked to submit a traffic study. She stated that in this study, it was found the �ajority of the vehicles would come throuqh the 73rd Avenue intersection. She etated that by keepinq the 73-1/2 Avenue intersection open, this provides another means for traffic to go north out of the development instead of overloadinq the 73rd Avenue interBection. She stated that the traffic statistics presented are consistent with roadway capacities that now exist. She Btated that if the site was developed as a retail center, the peak hour trips may be slightly less, but there would be more trips during the day and probably cause more problems. Mr. Falck stated that it seems like a larqe project for the site with limited access. Ms. Dacy stated that there is access and every means to get in and out of that site. Mr. Mike Schrader, representing the petitioner, stated that in response to the traffic issues, a traffic study was completed at the City's request. He stated that although traffic would increase, as with any increased use of the site, the specifications for the street are adequate and easily provide the ingress and egress for the site. Mr. Schrader felt that the traffic qenerated from the auto mall is less than a retail use such as a shopping center or qrocery store. MOTION by Councilman Schneider to close the public hearinq. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:07 p.m. 5. PUBLIC HEP,RING ON THE SALE OF EXCESS PROPERTY ON LOT 3 AND PART OF LOTS 2 AND 3 BLOCK 1 CENTRAL VIEW MANOR GENERALLY LOCATED AT 73-1/2 AVENUE AND T.H. 65: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearinq. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:10 p.m. Mr. Robertson, Community Development Director, stated that this property is located at the northeast corner of the frontaqe road at 73-1/2 Avenue and was acquired by the City in 1983 as a possible well site. He stated that as the City has no use for this parcel, it is recommended it be transferred to the HRA for redevelopment purposes in the Onan TIF district. He stated that the size of this surplus property is approximately 18,500 feet. �]ILEY CITY CODNCIL l[$BTI�a OF OCTOBB� 15.1990 PAQ$ ? No ;>ersons in the audience spoke reqardinq this proposed sale of exc� �ss property. MOT::ON by Councilman Schneider to close the public hearinq. Sea�nded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye Mayor Nee declared the motion carried unanimously and the pub:.ic hearing closed at 8:12 p.m. OLD BUSINESS• 6. APPOINTMENT TO THE APPEALS COMMISSION: MOT: 'ON by Councilman Schneider to table this item. Seconded by Cou��cilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimouBly. 7. ORDINANCE NO. 957 TO REPEAL IN ITS ENTIRETY CHAPTER 605 OF THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA, ENTITLED "INTOXICATING LIOUOR--CLUBS" AND TO ESTABLISH A NEW CHAPTER 605 ENTITLED "INTOXICATING LIQUOR--BOTTLE CLUB PERMIT" AND AMENDING CHAPTER 1�. "GENERAL PROVISIONS & FEES": MOT:ON by Councilman Fitzpatrick to waive the second readinq of Ord:nance No. 957 and adopt it on second readinq and order pub�ication. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 8. FIRST READING OF AN� ORDINANCE RECODIFYING THE FRIDLEY CITY GODE. CHAPTER 30, ENTITLED "CHARITABLE GAMBLING" BY RENAMING THE CHAPTER "LAWFUL GAMBLING" AND AMENDING SECTION 30.03: Mr. Hill, Public Safety Director, stated that the State Leqislature pas:ed a statute on comprehensive gamblinq regulations, and he received calls from orqanizations who currently hold qambling licEnses in the City. He stated that one of the items in the Cit�'s ordinance that was in conflict with the State statute was proiibiting booth workers to announce winners. He stated that theie also was some question reqarding limitation on the amount that organizations could pay for rent in liquor establishments. He s tated that the City's ordinance limited it to $100 per week and the State statute allowed up to $600 per �onth. Mr. Hill stated that with the changes by the State, it became obv�ous the City's ordinance had to be reviewed. He stated that these issues have been discussed with the Council and an amendment to the City's charitable qambling ordinance has been drafted, as wel] as an amendment to applicable sections of the liquor ordinance that relate to sales. He stated that one of the siqnificant charges in the statute explicitly stated that if a City were to have a more stringent requlation that it must apply equally to all foras of charitable qamblinq. �RIDLEY CITY COII�TCIL l[EBTI�a Ot OCTOBER iS.1990 P�GE 8 Mr. Hill stated that because the proposed chanqes would have an effect on orqanizations in Fridley, he spoke personally with representatives of these orqanizations to make sure they understood the amendments and the existinq ordinance. He stated that the only concern expressed to him from the veterans� orqanizations related to the control of qamblinq manaqers' salaries and salaries of the booth workers. He stated that he is recommendinq the City not include this restriction in the ordinance. Mr. Hill stated that the major changes and proposed amendments are as follows: (1) expand provisions of all fonas of lawful qambling throuqhout the City rather than just pull-tabs; (2) expands local authority to all licensed orqanizations conductinq lawful qamblinq in the City rather than just to retail intoxicatinq liquor establishments; (3) chanqes the requirement to contribute 10$ of the net profits within the City to fifty percent within the Fridley trade area; (4) establishes a fund administered by the City in which 5� of net profits are passed through to eligible orqanizations; (5) eliminates most local qame operation regulations; (6) eliminates employee compensation restrictions; (7) increases allowable rent from $100/week to $600/month; (8) applies the 3� local gamblinq tax equally to all orqanizations; and (9) specifies by ordinance, specific qambling prohibitions in retail beer and intoxicating Iiquor establishments. Mr. Gene Rafferty, Vice-Commander of the American Legion, stated that the American Leqion has three areas of concern with this proposed ordinance, but thanked Mr. Hill for clearing up a lot of misconceptions. He stated that one area of concern is the 3� local gamblinq tax. He stated he understands that this three percent tax is a maximum and since several more organizations will be added, it may be possible to decrease this percentaqe and if there is a deficit, it could be raised up to three percent. Mr. Rafferty stated that another area of concern is the distribution of the charitable qambling funds in the trade area. He felt that the County should be included in this trade area as they have made donations to the Anoka County Sheriff's Department which will benefit Fridley. He felt that the trade area needed to be re-defined. Mr. Rafferty stated that the other concern is the five percent of net profits to the City. He felt that this five percent could qradually increase where it became ten percent. He felt that this requirement substitutes the Council�s judgement for their policy makinq decisions in distributing funds to the community. Mr. Rafferty requested the Council allow time for their organization to review these proposed changes with their membership. �I1 �LBY CITY COII�TCIL YEBTI�G O? OCTOBBR 15.1990 P�a$ 9 Mr. Griff Arnold, Commander of the VFW Post 363, stated that there are a lot of donations the VFW has to make to veterans' orq<nizations. He stated that last year they qave $77,000 to the VetErans Hospital for telephones. He felt that the trade area shoild be reviewed. Couicilman Schneider felt that the orqanizations should review whe�e their contributions have been made over the last Beveral yea�s since they may, in fact, be coaplyinq with these proposed chaiges in reqard to the trade area. Mr.� French, Gambling Manqer for the Rniqhts of Columbus, felt that the� r orqanization would not have a problem meetinq the requirement for expenditures in the trade area. He stated their one concern is 1,hat the ordinance contain provisions for a bingo hall since theS could not survive without the rental of their hall. Mr. Hill stated that there is nothing in the City's current ord�nance or the proposed amendments that would prohibit the Knichts of Columbus from conducting their bingo operations. Maycr Nee asked that the Kniqhts of Columbus supply information to whon they have made contributions. Mr. Glen Van Hulzen, 901 Overton Drive, President of the Fridley TigEr Boosters and past-President of the Fridley Youth Association, stated that the veterans organizations have contributed much to the youth in Fridley. He stated that their annual contributions make it �ossible for any youth to participate in sports and use first ratE equipment that would not have been possible without their supF�rt. Mr. Van Hulzen stated that the veterans' orqanizations have a fora al process for determining where their funds will be spent. He stated that he has nothing aqainst governmental organizations, but has seen where decisions made by qovernment sometimes were not in �:he best interests of all. He stated that the veterans' organizations have done only the best for Fridley and to put constraints on how they should use their funds is like a"slam in the face". He urqed that the veterans' orqanizations be allowed to c�ntribute to the City as they have done in the past. Mr. Maynard Nielsen, Gambling Manaqer for the Fridley Lion's, statDd that the Lion's Club was in aqreement with the amendments, but questioned the five percent. He stated that speaking as a Fridtey resident, he would like to see the contributions from charitable qambling remain in the City. MOTI�N by Councilman Billings to table this item. Seconded by Coun �ilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee decl3red the motion carried unanimously. �xIDLEY CITY COII�TCIL ltE$TI�G O� OCTOBEB 15.1990 P�aB 10 Councilman Schneider asked Mr. Rafferty how much time the American Leqion needed to review these proposed amendments. Mr. Rafferty stated that this issue would be discusaed at the membership meetinq on November 5, 1990. Mayor Nee suggested that any of the orqanizations which may have further questions be in.contact with Jim Hill before this item comes back to the Council. He expressed his appreciation of the donations by the veterans' orqanizations and stated the City is probably the larqest recipient of thefr qenerosity. 9. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 602, ENTITLED "BEER LICENSING." BY AMENDING 3ECTION 602.08.05: MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY �ODE. CHAPTER 603. ENTITLED "INTOXICATING LIOUOR." BY AMENDING �ECTIONS 603.10.7 AND 603.24: MOTION by Councilman Schneider to waive the readinq and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. �IRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE �TY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: This item will be considered after Item 12, which concerns a Special Use Permit for this parcel. 12. SPECIAL USE PERMIT. SP #90-15, BY AL SCHRADER TO ALIAW REPAIR GARAGES: TO ALIAW AUTOMOBILE SERVICE STATIONS AND MOTOR VEHICLE FUEL AND OIL DISPENSING SERVICES; TO ALLOW MOTOR VEHICLE WASH ESTABLISHMENTS; TO ALIAW EXTERIOR STORAGE OF MATERIAIS AND EQUIPMENT. ALL ON LOTS 1 THROUGH 9, BLOCK Z. CENTRAL VIEW MANOR 2ND ADDITION, GENERALLY LOCATED AT 7355 HIGHWAY 65 N.E.: Ms. Dacy, Planninq Coordinator, stated that this is a proposal to construct two buildinqs for use as auto repair related uses and a restaurant. She stated that the site plan meets all the requirements of a C-3 zoninq district. She stated that the petitioner submitted a landscapinq plan which needs some minor adjustments. �RID[�Y CITY COONCIL lLBETI�G O? OCTOBBA 15.1990 P�aB 11 Ms. )acy stated that there was concern from residents to the north and :hose livinq in the mobile home park about noise and odors from an �iuto body Bhop. She etated that there was also concern rega rdinq screening, landscapinq, and the intensity of the proposed liqhting standards. Ms. )acy presented a video of a similar site in Coon Rapids and an auto mall in Brooklyn Park. Ms. Dacy stated that the Planninq Commission recommended approval of tiis Special Use permit with 17 stipulations. She etated that stipilation no. 16 reqardinq documentation that the fill material curr:ntly on-site is contaminant-free has been complied with. She statsd that stipulation no. 8 should contain the added sentence whic z reads as follows: "Any auto body repair and painting facility and/�r detailing facility shall be required to obtain its own special use permit". Coun�ilman Schneider stated that noise and odor are two major conc�rns. He asked the petitioner what would be done if there is a pr�blem with noise or odors. Mr. Mike Schrader stated that he had no problem with the annual reviaw process. He stated that, however, when they enter into leasas, they do not always have the flexibility to remove tenants. He s�ated that they would work with tenants to minimize the odors and zoise. He stated that the developer is very sensitive to the issuas of the mobile home tenants, as he owns several mobile home parks and has a reputation of working with the community. Coun :ilman Schneider asked who would review the equipment to remove odor � . Ms. Dacy stated that either Bob Aldrich or Dick Larson would prob�bly conduct an inspection to determine if there is proper ventLlating equipment such as exhaust fans. She stated that the City has adopted the PCA requlations reqardinq noise and odor so ther: are some measurable standards. Coun :ilman Schneider asked if the City staff has the ability to measire the odors. Ms. )acy stated that if this became an issue, someone from the PCA wouli probably be contacted. Coun;ilman Schneider asked if it would be appropriate to require a bo nd or escrow from the auto body shop so there are funds to corr:ct any problems that might arise. Mr. 1[errick felt that this could be made a condition of the special use ��ermit. He suqqested that the petitioner's attorney review the leas:s so there is a provision that if a tenant is in violation of �RIDLEY CZTY COONCIL IIEBTI�G OF OCTOBBR 15.1990 PAQB 12 a State etatute or local ordinance, the tenant has a certain time to correct the violation and if thie is not done, it would be a breach of the lease. Mr. Schrader stated that he is the attorney for the auto mall and their leases do include this provision; however, he has difficulty qoinq above and beyond the leqal requirements. He stated that there has to be some point where it would be feasible for this business to operate and he would be open to findinq this area. Mr. Schrader introduced Mr. Mesnick, owner of Crystal Collision, who could possibly shed some liqht on the equipment that is used in an auto body shop. Mr. Mesnick stated that the Council's concerns are well taken, but the new body shops are quite different than they were ten years ago. He stated that the average paint booth costs about $60,000 and is so sophisticated that he felt the concerns have already been answered. He stated that some paint booths have glass walls, and a lot of new equipment if beinq built to meet stringent California standards. He stated that the new spray booths deliver 75 percent of the product to the vehicle where the old ones would deliver about 30 percent, and the remaininq paint would qo into the air. Mr. Mesnick stated that the sandinq tools have vacuum systems. He stated that if someone would be reviewing this business year after year, it would be very difficult to secure financing if they did not know from year-to-year if the business would be closed by the City. He felt that with restrictions, it would limit the investment an owner could put into the business, which, in turn, may create a problem. Iie felt that with the proper equipment, there should not be any problems. Mr. Mesnick stated that any facility that locates in this auto mall should have a good filter system and some type of water wash. Councilman Schneider asked if the EPA requires an auto scrubber. Mr. Mesnick stated that the EPA does not, but the State of California does require it. Councilman Schneider asked Mr. Schrader if he concurs with an annual review. Mr. Schrader felt that there should be the proper equipment, but to require the "top of the line", when it may not be necessary, miqht make it cost prohibitive for a tenant to conduct this business. Councilman Schneider stated his concern is that once an auto body shop is located on this site, it is sometimes difficult to obtain compliance with the codes. �RIDLBY CITY COIINCIL lt$$TI�Q O� OCTOBBR 15.1990 P�a$ 13 Mr. Schrader stated that they want to build a first class esta�lishment. He felt that, however, they have to find a degree of r:asonableness for that use. Mr.:ierrick, City Attorney, stated that he could see nothinq wronq with requiring the petitioner to indicate what type of equipment wouli be used and ask a.qualified person to review it and charge the �pplicant for this review. Mr. 3chrader stated that he believed that would not be a problem and aeets the reasonableness level. Coun;ilman Schneider asked if the developer has a siqned lease for the �uto body shop. Mr. 5chrader stated that they do not, but have several persons inte-ested. He stated that they have siqned leases of intent for appr �ximately 70 percent of the mall. He stated that the collision cent;r and other uses will make up the balance. Mr. >chrader stated that he wished, at this time, to thank staff for �11 their help and appreciated their cooperation. Coun;ilman Billinqs stated that he does share some of Councilman Schn�:ider's concerns. He stated that he also is concerned about the � �ign plan and is fearful they will want a sign variance because ever►one in the mall would want their own identity. He felt that ther� e should be lanquage to the effect that the petitioner is aware the �:ouncil expects them to meet all the requirements of the Sign Code Courn:ilman Billinqs stated that he is not prepared to vote on the rezo;iinq issue this evening and would like more time for review. MOTIi ►N by Councilman Schneider to table this item. Seconded by Coun�:ilman Billinqs. Upon a voice vote, all voting aye, Mayor Nee decl��red the motion carried unanimously. Coun�:ilman Schneider requested that staff work with both the peti�:ioner and the PCA to draft specific lanquage on controlling odor;� and emissions relative to the body shop. Mr. l[errick stated that tabling this special use permit does not nece:�sarily delay the developer's timeframe because the rezoning requ:.res two readinqs of the ordinance before it would qo into effe� :t. Mr. �>chrader stated that what the petitioner needed in order to cont:.nue to move this project forward was a clear signal from the Counc:il as to whether the petitioner had their support. He stated that the delay seriously impairs the ability of the developer to move forward. >.� ��1: 1�� • �.�� ' ° �c: Councilman Billinqs stated that he would not support a motion to approve the rezoning this evening as he was not prepared to vote on the issue at this time. He stated that there are a number of questions involved with the special use permit, and he iB hesitant to rezone a parcel of property without knowinq exactly what will be located on the site. He stated that he did not want the rezoning to move along.and the project fall apart because of problems with the special use permit. Mr. Schrader stated that the petitioner has provided all the preliminary information and did not know what else could be provided in order for the Council to make their decision. Councilman Schneider stated that if the auto body repair was eliminated, he would be in favor of the special use permit. Mr. Schrader stated that he would be happy to supply any information the Council would like and will contact them to determine what those items are so they can make an informed decision. L `i � • • ' � � � Y� � 1 � � • � �� Y � � Y i_ � � • � � MOTION by Councilman Schneider to table this item. Seconded by Councilman Billinqs. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE ITEMS FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 10. 1990: A. SPECIAL USE PERMIT, SP #90-16, BY DAVID AND VALERIA SLOVENSKY TO ALLOW A SECOND ACCESSORY BUILDING, OVER 240 SOUARE FEET, ON LOT 29, BLOCK 1, OAK CREEK ADDITION. GENERALLY LOCATED AT 7234 EAST RIVER ROAD N.E.: Ms. Dacy Planninq, Coordinator, stated that this is a request for a special use permit to allow a second accessory building. She stated that the Planning Commission recommended approval with four stipulations. MOTION by Councilman Fitzpatrick to qrant Special Use Permit, SP #90-16, with the following stipulations: (1) access to the second accessory driveway shall be through the existing driveway; (2) there shall be no home occupation in the second accessory building; (3) the accessory buildinq shall be architecturally compatible with the existing dwellinq unit; and (4) the driveway issue shall be reviewed in two years. The petitioner shall provide a hard surface driveway for the existinq qarage within one year of Anoka County f � � • 1� , Y : , c • �.h� �l� : ' � � c : coapletinq the East River Road iaprovement. Seconded by Councilman Scineider. Upon a voice vote, all votinq aye, l�ayor Nee declared the motion carried unanimouBly. 8. SPECIAL USE PERMIT SP #90 06 BY BOB BUSHEY OF SEARS OUTLET TO ALI,nW EXTERIO�t STORAGE OF MATERIAIS ON Ln'�' 1 BLOCK 1 �HOREWOOD PLAZA GENERALL� LOCATED AT 100Q EAST MOORE LAKE pRIVE N.E.: Ms. Dacy, Planninq Coordinator, stated that this is a request for a epecial use permit to allow the outside storaqe of semi-truck trailers at the Sears Outlet store. She stated that approximately a year aqo, Sears applied for a buildinq permit to construct a loaiinq dock, and a stipulation was placed on the permit that the outside storaqe of trailers cease. She stated that Mr. Bushey has beel told he should remove the trailers, as noted in the buildinq pernit stipulation, or apply for a special use permit. Ms. Dacy stated that last summer the petitioner appeared before the Plaining Commission in order to allow the outside storage of five traLlers, and the Commission recommended the petitioner investigate the alternative for an addition. She stated that at that time, in 7une, Sears was investigatinq the possibility about leasinq spa�;e across the street from their store, and the item was tabled by 1.he Commission. She stated that Mr. Bushey also contacted Sears man�igement reqarding an addition and they advised they could not aff��rd to make this addition. Ms. Dacy stated that she met with Mr. Bushey to try and reduce the imp��ct of the trailers. She stated that fencing and landscaping opt:.ons were discussed. She stated that at the Planninq Commission meei.ing on October 10, the Commission recommended approval of this spe<:ial use permit with three stipulations which she outlined. Ms. Dac; � stated that she believed the Commission was sympathetic to Mr. Bus2,ey's lack of space, and they have also leased space across the strE et . Ms. Dacy stated that in reviewing the site, it was felt landscaping shotld be provided; however, fencing would prohibit vehicular movE ments . Mr. Bushey stated that they did not have the trailers on the site witi the intention of breakinq the law, but they do have a problem witi: space. He stated that they are looking at another site in Fri6ley at I-694 and Hiqhway 65, but have been discouraged by the high taxes. Iie stated that Seare backed off on the addition because of the lenqth of their present lease and the possibility their current building will be demolished. Councilman Billinqs asked how lonq Sears has been usinq the semi- trailers. FRIDLEY CITY COONCIL lL8$TINO O� OCTOB$R 15.1990 P�aB 16 Mr. Bushey stated that in the last five years since he has been at Sears, the trailers have been a very important part of the business. He stated that their job is to liquidate the surplus merchandise from the cataloq department of Seara. He stated that there are times when they have less qoods and other times when they are overloaded. Councilman Billinqs asked if the nature of Sears' business has changed in the last five years. Mr. Bushey stated that the volume has chanqed because of the dramatic increase in inventories. Councilman Billinqs stated that he noticed Sears is selling mattresses which he did not find to be a seasonal item from a catalog and wondered if their marketing strateqy has changed. Mr. Bushey stated that over the last several years, Sears has purchased name brand qoods to supplement their particular line. Councilman Billinqs stated that this gives some insight as to the problems as the volume is a combination of supplemental lines, as well as the regular Sears cataloq lines. Mr. Bushey stated that Sears has also reduced their distribution centers from eleven to six. Councilman Schneider stated that his concern is what prevents every other business from making the same arguments. Mr. Bushey stated that they are willinq to work with the City to make the area as attractive as possible. He stated that in the meantime, they are lookinq at other sites. Councilman Schneider asked if this request is denied, what is the alternative for Sears. Mr. Bushey stated that the store could close if it is not profitable. Mayor Nee asked how much square footage would be needed in order to move those items inside that are now in the trailers. Mr. Bushey stated that they would need about an additional one thousand square feet of storaqe. Councilman Schneider asked if this request were qranted for one year, if something could be worked out in this time period. Mr. Bushey stated that unless the inventory levels decrease, he probably would not know any more for at least three years. ��IIILEY CITY COOiiCIL lLEBTIYG O! OCTOBEB 15.1990 P�QS 17 MOT: ;ON by Councilman Schneider to qrant Special Use Permit, SP #90- 06, with the followinq etipulations: (1) there ahall be no more tha�� three trailers located at the rear of the Sears building; (2) the petitioner Bhall work with etaff to develop and install a scre:eninq plan using landscapinq; and (3) the special use permit sha71 be reviewed in two years, or sooner if the tenant leaves. Secc�nded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. MOT]ON by Councilman Schneider to receive the minutes of the Plarning Commission meetinq of October 10, 1990. Seconded by Courcilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 14. �ECEIVE AN ITEM FROM THE MINUTES OF THE APPEAIS COMMISSION MEETING OF SEPTEMBER 11. 1990: A. VAR.IANCE REOUEST. VAR �90-23, BY MOORE LAKE RACQUET. SWIM. AND �iEALTH CLUB TO INCREASE THE NUMBER OF DAYS A TEMPORARY BANNER MAY BE DISPLAYED FROM 14 DAYS TO 90 DAYS. ON LOT 1, BLOCK 2, �TD LOT 2. BLOCK 2, SHOREWOOD PLAZA. THE SAME BEING 1200 EAST �OORE LAKE DRIVE N.E.: Ms. Dacy, Planninq Coordinator, stated that this is a request for a vzriance to increase the number of days a temporary banner may be displayed. She stated that staff is recommendinq denial because it c oes not meet the criteria for a variance as required by the Sign Code. Ms. Dacy stated that tbe Appeals Commission recommended approval of this variance and stipulated that the ninety day period should start at the date the petitioner applied for the variance. Ms. )acy stated that in regard to the noise complaints received on the iealth Club � s HVAC units, a sound consultant will be submittinq a pr�posal to eliminate the noise. Mr. 3trootman, Manager of Moore Lake Racquet, Swim & Health Club, stat ad that he was not prepared to address the noise issue. He statad that the banners have been effective in promotinq people to call or come in to their facility. He stated that they opened the firs: part of July and really wanted the banners displayed durinq the �rime time of the season. MOTI)N by Councilman Schneider to concur with staff's reconmendation and deny Variance Request, VAR #90-23. Seconded by Coun:ilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee �ieclared the motion carried unanimously. ��f_'.��;'��' �i� �l. �1: : . c . •�':'�• : ' � e : �� 1i�,� �� '�� i��'�� ! �Y� �1+4 � ; h� Ms. Dacy, Planninq Coordinator, stated that this contract calls for a rate of $75 per ton and is the lowest tonnage rate currently charqed to all other Super Cycle clients. She stated that the 1990 rate per ton was $84. She stated that with the distribution of containers, it is expect the participation rate will increase by 70 percent. Ms. Dacy stated that the contract is the same as last year�s, except for the tonnage payment. Mr. Paul Witski, a resident of New Briqhton, wished to encouraqe the Council to qo out for bids for recyclinq. He stated that it seems $75/ton is a qood price, but the City paid $84/ton in 2990. He stated that the City of New Briqhton pays $72/ton which is substantially lower than what Fridley paid in 1990. He stated that New Brighton did not have to qo out for bid, but they chose to do so. Mr. Witski stated that not go out for bids, a any other haulers. HE percent participation is too hiqh. He felt want the containers an distributed. he asked the City�s Planner why the City did nd the response was they could not identify stated that he felt the estimates of a 70 rate, when the containers are distributed, that some of the residents would not even i felt not more than one container should be Mr. Witski felt that the Council shouZd receive bids for the recycling. He pointed out that many of the smaller businesses are being bought out by BFI and Waste Management. He stated that if the County withdraws funding, a licensing approach has been worked out so that the license fee is adjusted according to the number of households a hauler serves. Mayor Nee asked if New Brighton residents are charged for recycling. Mr. Witski stated that Ramsey County is funding this program, but if this is not continued, a licensing approach will qo into effect. Ms. Dacy stated that the Council has concluded a year-long process where many different approaches for recyclinq were reviewed. She stated that Mr. Witski may not be aware that, given the uncertainty of the funding from the County, the Council agreed to take a short- term approach of negotiatinq a short-term contract with Super Cycle. She stated that the licensing was a long-term approach, depending on the circumstances. Ms. Dacy stated that New Brighton did qo out for bid for their recycling. She stated that she believed this year's contract with Super Cycle was a siqnificant improvement. ��IDI �Y CITY COO�TCIL ILBBTING O! OCTOBB� 15.1990 P�Q$ 19 Mr. l�urns, City Manaqer, stated that the City did qo out for bids for the 1990 recyclinq contract. He stated that the $84/ton price was tn open competitive bid. Ms. I�acy stated that the tonnaqe rate for Fridley was hiqher than St. ;�aul and other municipalities due to the distance from the sorting operation and the volwae picked up per household. She BtatEd that New Briqhton�has more tonnaqe per capita than Fridley whici would dictate a lower price per ton. She felt that the price with Suger Cycle is very competitive. MOTICN by Councilman Billinqs to approve the 1991 Super Cycle contiact. Seconded by Councilman Fitzpatrick. Ms. tancy Healey, Vice President of Super Cycle, stated that Fridley pays the lowest recyclinq rate in Anoka County and telt the Council made a wise decision to approve the contract. Councilman Schneider asked if there was some way to make a pickup if scmeone was missed on Super Cycle's route. Ms. Haaley stated that if someone fs missed it is probably because the items were not out in time for the pickup. She stated that she rea11Y did not know what they could do about it and would be open to su�gestions. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 16. ^ONSIDERATION OF STARTING TIME FOR CITY OF FRIDLEY CITY 'OUNCIL MEETINGS• Councilman Billings stated he has noticed that only six of the Council meetings since last January beqan before 7:35 p.m. He wonde�ed if the Council should consider starting the meetings at 7:45 p.m. or discuss the aqenda settinq at an earlier time. He felt :hat the meetings are posted as beqinning at 7:30 p.m. and if they io not begin on time, it may possibly show a lack of proper manne :�s to the publ ic . Mayor Nee stated that he felt an effort should be made to beqin promp� ;ly at 7: 30 p.m. 17. �►PPROVAL OF THE CITY OF FRIDLEY'S POLICY ON HANDLING i;OMPLAINTS REGARDING DIS AsED TREES: Counc..lman Billinqs stated that it seemed durinq the course of the last � ear, the practice or procedure has been chanqed reqardinq how phone calls are handled in relation to diseased trees. He stated that f here is a question whether this is an administrative practice or a�olicy of the Council. He stated that when he requested this item l�e placed on the aqenda, he assumed it was a Council policy. �RIDLEY CITY COIINCIL ILBETI�G O� OCTOBEA 15,1990 P�aB ZO Mr. Flora, Public Works Director, stated that when the diseased tree ordinance was chanqed, and due to the assessment process, the City would only respond to a=equest from the property owner regardinq diseased trees and did not qo out on a complaint from a person other than the property owner. He stated that the City used to be very aqgressive in the area of enforcement of diseased trees, but when the State curtailed funding, staff attempted to focus on fndividual complaints and backed off from aqqressive enforcement. Councilman Hillings stated that he feels there are two issues, one being the actual diseased tree issue and the other is the apparent chanqe in practice. He stated that he has no problem with passing legislation and allowing staff to promulgate rules and regulations to enforce that leqislation. He stated that he is comfortable with leaving the issue of diseased trees up to staff, as lonq as he is informed of the rules and requlations. He stated that if changes are made, he felt there should be a procedure in place for adopting and modifying those rules. He stated that he would like to be informed of the rules and if there are any changes so he knows how to respond when he receives calls on the issue. MOTION by Councilman Fitzpatrick ta refer this issue to the City Manager for the submission of proposals for the Cour►cil's consideration. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Fitzpatrick stated he would like to emphasize that he is referrinq to oak wilt and Dutch elm disease. 18. APPROVAL OF LETTER TO BE SENT TO THE SIGNERS OF THE TROLLHAGEN STOP SIGN PETITION: MOTION by Councilman Billinqs to authorize that the amended letter be sent to the siqners of the Trollhagen stop sign petition. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 19. APPROVAL OF LETTER TO ANOKA COUNTY COMMISSIONER DAN ERHART R�GARDING THE PROPOSED DIAL-A-RIDE PROGRAM: MOTION by Councilman Schneider to authorize that the amended letter be sent to Anoka County Commissioner Dan Erhart. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. �2ESOLUTION NO. 85-1990 APPROVING A REGISTERED LAND SURVEY. P.S. �90-05• MOTION by Councilman Schneider to adopt Resolution No. 85-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� . 1 _ : c • �ihi i' _ � ' ' e ' 21. RFSO 11'�'TON NO. 86-1990 REGARDZNG CHANGE OF USE OF SURPLUS l��L MOT::ON by Councilman Schneider to adopt Resolution No. 86-1990. Sec��nded by Councilman Billinqs. Upon a voice vote, all votinq aye, Mayor Nee declared the notion carried unaniaously. i � �_J� • 1 � � �� 4S � �.: • � � � ' �_' 1 �� ' • Y �i ' • • � i i' � �i � MOT:'.ON by Councilman Fitzpatrick to adopt Resolution No. 87-1990. Sec��nded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �:_�_ • • � � � � ' ,� • • ' • Y�y • _ �- -• • �: Mr. Flora, Public Works Director, stated that based on rec��mmendations from Bruce Liesch Associates, Keys Well Drilling had to drill an additional 67 feet beyond the oriqinal estimate of 225 feet to reach the aquifer and an additional 14.5 hours of well dev�:lopment was required. He requested that the Council approve thi;� chanqe order for an additional $2,249 to the contract with Key:; Well Drilling Company. MOT: ;ON by Councilman Schneider to authorize Change Order No. 1 with Key;: Well Drillinq Company in the amount of $2,249 for monitoring wel:.s at Commons Park, Project No. 208. Seconded by Councilman Bil:,ings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. APPOINTMENT: CITY EMPLOYEE: MOT:;oN by Councilman Fitzpatrick to concur with the following app��intment by the City Manager: Nam� : Kev: .n Swa� �son Position �'ire- fiqhter Partially Exempt Starting Salarv $9.4585 per hour $2,406.95 per month Starting Date OCt. 16, 1990 �-•-� Dennis Ottem Sec� �nded by Councilman Billings. Upon a voice vote, all voting aye Mayor Nee declared the motion carried unanimously. F�IDLEY CITY COII�TCIL l[EBTI�G OF OCTOBSR 15.1990 P�a$ Z2 24. INFORMAL STATUS REPORTS: MATTERHORN CIRCLE - ADDITIONAL STREET LIGHTING: Mr. Flora, Public Works Director, stated that a petition was received for an additional street liqht on Matterhorn Circle. Iie stated that there is an Innsbruck standard street liqht at the intersection of Matterhorn and Matterhorn Circle. He stated that this request does not fall within the criteria for an additional street liqht. He stated that, as an option, a liqht could be installed with the property owners payinq for it. Councilman Schneider felt that street lfqhts are a basic safety issue and help to reduce crime. Mr. Flora stated that the Council did approve a street lighting policy several years aqo. Mayor Nee stated that he would like to see a breakdown of the costs. ADULT BUSINESSES: Ms. Dacy, Planning Coordinator, stated that staff is still evaluating reducing the distance from a park in drafting a zoning ordinance for adult businesses. She stated that other cities have been contacted to determine impacts from adult business uses and she is waiting for all the responses. 25. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 34345 through 34556. Seconded by Councilman Billings. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 26. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. MOTION by Councilman Billings to amend the motion and eliminate the license for the Moose Lodge. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN I+IOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � �� : : , r • �.'� �� : • � c : � � � � ; • � ; Y �1� � �� MOTI�N by Councilman Billinqs to approve the above license for the Moose Lodge, effective October 25, 1990, subject to the stipulation that the building has been re-certified as habitable by the appr�priate City departments and that the Anoka County Health Department has approved the facility for this particular license. Seccnded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 27. ESTIMATES: MOTIDN by Councilman Schneider to approve the estimates as subaitted: Pitt-Des Moines, Znc. 1015 Tuttle Street Des Moines, IA 50309 Construction of the 1.5 MG Elevated Water Reservoir, Project No. 201 Estimate No. 2 . . . . . . . . . . . . . . . $445, 752 . 35 Walt�n Lawn Maintenance 322� Skycroft Drive St. Anthony, HIIJ 55418 Corridor Maintenance Project No. 199 Estimate No. 6 . . . . . . . . . . . . . . . $ 4, 342.86 Seccnded by Councilman Billings. Upon a voice vote, aye, Mayor Nee declared the motion carried unanimously. ADJCURNMENT• all voting MOTION by Councilman Schneider to adjourn the meeting. Seconded by councilman Billinqs. Upon a voice vote, all votinq aye, Mayor Nee ieclared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 15, 1990 adjourned at 11:41 p.m. ResFectfully submitted, Carc le Haddad SecYetary to the City Council Appxoved: William J. Nee Mayor 0 t�,o�.. _� � . �� . t 3 � , � r. ,-_�,� � POLICE DEPARTMENT City of Fridley Minnssota DATE NOVEMB;R 2, 1990 FROM PUBLIC SAFETY DIRECTOR, J.P.HIL SUBJECT BEER L [CENSING MEMORANDUM TO BILL BURNS. 1 fION INFO X Enclos�d for second reading is an ordinance recodifying the Fridley City C�de, Chapter 602, entitled "Beer Licensing", amending section 602.08.05. This anendment will specify by ordinance which has been City policy or adninistrative interpretation relating to gambling prohibitions in beer establishments. JPH/sa ORDINANC$ NO. AN` ORDINANCB RECODZFYIN�3 T8E FRIDLBY CITY CODB, CHAPTER 602, ENTITLED ��BEER LICENSING��, BY A1�;NDINQ SECTION 60Z.08.05 The �;ouncil of the city of Fridley does ordain as follows: 602.18. CONDITIONS OF LICENBB 5. �ambling No cambling or any gambling device shall be permitted on any lice�sed premises. Prohibited gamblinq shall include private soci�l bets not part of or incidental to orcanized commercialized. or cvstematic cLamblina Gamblina device shall include slot machines roulette wheels �unchboards dice olavina cards, video game of chance and Qin-ball machines which return coins or sluas, chit�s, or tokens of anv kind which are redeemable in merchandise, cash or other item of value Gamblinq is prohibited whether or not licensed bv the State. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR ATTF ST : SHI�.LEY A. HAAPALA - CITY CLERK Fir:�t Reading: October 15, 1990 Secc �nd Readinq: Pub: . ish : 1A t�,o��, � � � .,� � . �. a�,�r. -,�` � POLICE DEPARTMENT DATE NOVEr BER 2 FROM PUBL: C SAF SUBJECT City of Fridlsy Minnssota 1990 Y DIRECTOR INTO::ICATING LIQUOR MEMORANDUM TO LL BURNS 2 ACTION' INFO X Encl�sed for second reading is an ordinance recodifying the Fridley City Code, Chapter 603, entitled "Intoxicating Liquor", by amending sect_ons 603.10.7 and 603.24. Thes: amendments change some language to be consistent with State Statzte, clarifies by ordinance gambling restrictions that has been City policy or administrative interpretation in the past, eliminates provLsions now controlled by statute, and increases maximum rent from $100 per week to $600 per month. JPH/ sa �n� rp. �x aamn�c� �nr�� na� 603, �Tj� �� 3.24 �1�8 603.10.7 AI+ID �e a�ncil of the city of �'idley dot�s o�in as foiic�ws: 603.1� ►. �ID�� ioai, or permit the k�eePir�, P�S 7. N� > lioensee � � ap aration of �1 j� �2VlOE � �,-,s , aryc r aY v kirxi whi �m� of cha,�+.�. or ;hal.l keeP� � dice, la "r,ar cards �'�O � e� �eels ��6�'r� C�11Tles� rry�l ' � - �,,..,+„ • y slart � L, or to� ; ^�PP"`� _ n _�_a ,�,efi�Y7'1 D011'IS vr a� t,a 4►al� r .�l��c :��.�` o --�------ � �---^� fo� null-_t�—.. � t1 ee licensed P��'' W�� or rxyt liven.sed bY therein, the lioetsse shall not � State, or� � luxJ of or o� � a� te social bet npt �1_� �y � sold tic �� State pu��t �� 1�� a��lty is lioensed bY ations Stat ite, c�aP'�r 349, arr3 00� �nt tO the regul this City Code• . � r• i• � :� �� •�� ir on licen.sed to Mir� contai.ned in 2A 1. 5��'t Of POZ1Cjt ma req�iest per��1O� Of the CitY 1C�1 �� pn-: ale lioensees Y � ooa�duct ��}e Sta ,e i� ox'9��°�' p,pplication for a 9amblir�q � th,e licensed P��' of the specified fee of pull tabs �1Y �� Ci� Clerk with paY�t �,�ent shall be made � riapter 11 of the citY �• 2. gegulatio�.s � on-sale lioens�s ��- � Gam blir�g p.�rs�� a part of th�e rec ulations which shal.l � for advexse actioa� ocr pliaryoe maY oo�stitute 9rau�� Oa �e. �� o the follawin9 lioense. ar� failure of � �� in the City -- ranises sl�l � � �� $. �. Use of the liven�ed P �n the liop.nsee lea-Se agre� � o�tiaci. $.�� lease �so a ca�Y �t sha11 be f iled with t2�e City Clerk, , ar�d . • lic �i°� upon �t �te�t cn th�e Pre�s� � a� oll fc�wing� I,e,��es s t i a l l be g werr�ecl bY 2B ..- . . .- . (1.) Maxim�m► re�rYt that may be c�3t1qed is �BA�.AA-i3� 600. 00 ver' mo�nth. . .�ee�sea.� � Ll ��y fona of gamblir�g that shall be permitted on the lioerLSecl pr� shall be pull-tabs approved by the State. {�} i 3�. Pull-tabs shall oa�ly be sold fran a booth u.sed solelY bY the �l�i�e lioenSed lawful qamblina organization, ar�d �u11-tabs Si]311 neither be sold by e�layees of the lioei�see or sold fram the bar sezvice area. �g} 141 �e c�ion arxi maintenanoe of the booth u.sed by the st�a��la�e livensed lawful aamblina organization shall be tYie sole responsibility of the st�a��e licensed lawful cramblira organizatior►. „ ,,; ., �en �'�„"� }.� �-crn�� r��}a }}�w 1 e��s i� } i.l� Y1 T L+ 7 W—�crn•-�aavo es v : �. g, pnly o�e st�.�a]�e lioenSed lawful cramblirw organization shall be permitted to sell pull-tabs on the livensed pre�mises• �.. � Zhe lioensee may nat be reimbursed bY the s�� lioen.ses lawful aamblira organizatioa► for a� lioenae or permit fees, and tl'ie only c�ampensati� whicii the lioensee may obtain fraa the s�t�e licen.sed lawftitl aamblitw organizatid'i is the rent fixed in th�e lea��e a9ree�nent• � F�r � .�:. �_:+ lni e� �rr°�^a; oer�"" re. ��e lives�ee shall be res�sible for the si�a��ala�e lioensed lawRil cmnblira organizatiari's ootx�yc:t of sellirg pull-t�bs. ZlZe City Uotu�cil may su� the lioensee's permissiac► to allvw gamabliuxJ oc► the p�anises fc� a period � to 60 days for anY violatioa�► of State or local yamoblir�q laws ar z�egulatians t2�at oocur on the premises bY �Y�� includir�q the lioensee or the �i�a�alale live.nsed lawfu7. cramblinci o�anizatian. A seoaxl violatian within a 12 mrnth suspecLSiaa"►. ar�d ariY additianal violatia�s within a 12 maYth perivd shall result in the x�wc�,atian of ti�e g�nblirg permissicn� and may also be coilsidered by the Oau�cil as growxls for susp�nsian or rewcatiari of the an-sale liyu�or lioense. (�aef. 882) ..- . . .- . PASSID AND ADOPI'ID HY � QTY OOUI�CIL OF � CiI'Y OF FRIDIEY Z4�IIS L1AY OF , 1990. WILLIAM J. N� - I�1Y�2 � SF�RI� Y A. HAAPALA - CTI'Y GL�tK Fi�st R�di�: Ocotber 15, 1990 S� l Readinq: Publi ;h: 2C � � cinoF F�� C011/1MUNITY DEVELOPMENT 3 DEPARTMENT MEMORANDUM DACE: October 29, 1990 TO : William Burns, City Manager .� � � FR)M: Barbara Dacy, Planning Coordinator SU3JECT: Potential Additional Stipulations for the Auto Mall Special Use Permit Tha City Council at the October 15, 1990 meeting requested staff to investigate the potential of adding stipulations to the special uss permit request for the auto mall project regarding noise and od�rs. In consultation with Bob Aldrich, we have developed three adiitional stipulations. Pr�posed stipulation #18 refers to the odor testing process cited in the MPCA rules. These rules also contain the odor emission st3ndards. This procedure is similar to the one used for the Central Roofing Company complaint in 1987. In that instance, a re�resentative from the Minnesota Pollution Control Agency assisted th : City in organizing a panel of inembexs to do live testing of od�r emissions at the site. Also, Central Roofing hired Braun En�ineering to assist them in the analysis in order to meet MPCA st�ndards. For further protection, Section 109 of the City Code ad�pts by reference all of the MPCA standards regarding air qu ality. I believe this addresses the City Council's concerns, and gives staff enough ability to pursue a violator if a problem does occur. Chief Aldrich has also assured me that the paint hoods used in automotive painting facilities meet EPA standards. Based on Councilman Billings' recommendation, we used some of the language that was approved in conjunction with the Fridley Town Scuare redeveZopment project. The following stipulations are recommended: 17. The HVAC and odor venting systems shall be designed with a1Z possible design features and equipment which is economically available to eliminate to the greatest extent possible any odor emissions from the auto mall or its individual tenants. Odor venting systems for automotive painting, detailing, or finishing tenants shall meet NFPA, EPA, and UFC construction and installation requirements. 3A Aut � Mall SUP Oct �ber 29, 1990 Pag � 2 18. In the case of automotive painting, detailing, or finishing tenants, odor emissions will be evaluated in accordance with the standards established by the Minnesota Pollution Control Agency, specifically Section 7005.0900 through Section 7005.0960. Failure to meet the MPCA odor standards shall be a basis of revocation of the special use permit. 19. Doors on the north side of the building shall be closed when vehicles are being serviced or when noise is generated. Als�, the City Council wanted stipulation #16 to be amended: 16. Compliance with the special use permit shall be reviewed after the project reaches 90� occupancy. The permit shall be reviewed annually thereafter up to five years. Rec�mmendation Staff recommends approval of the special use permit subject to the following stipulations: 1. The rezoning request, ZOA #90-05, shall be approved. 2. The petitioner shall submit grading and drainage plans of calculations approved by the Rice Creek Watershed District prior to issuance of the building permit. 3. The petitioner shall submit a revised landscape plan prior to the issuance of the building permit, indicating the following changes: A. Reduce the berm at the intersection of 73 1/2 Avenue and Viron Road. B. Add 6 additional Linden trees somewhere on site. C. The wood screening fence along the north property line is currently unnecessary. However, the petitioner shall install a screening fence alonq the north property line if the existing fence should for some reason be removed or damaged. 4. The petitioner shall submit an irrigation plan prior to issuance of the building permit. 5. The petitioner shall dedicate a 10 foot easement parallel to the east right-of-way line of Viron Road to the City. 6. The petitioner shall combine the lots for tax purposes. 3B Aut o Mall SUP Oct ober 29, 1990 Pac e 3 7. There shall be no exterior storaqe of junk vehicles, tires, or trailers. Vehicles waiting to be serviced shall be allowed to be stored overnight, provided they are currently licensed and street operable. 8. Any auto body repair and painting facility and/or detailing facility shall be required to obtain its own special use permit. Auto body repair and painting tenants shall comply with EPA regulations to control odor emissions and hazardous materials. 9. There shall be no repair of automobiles before the hour of 7:00 a.m. and after the hour of 9:00 p.m. 10, Rooftop equipment shall be screened. 11, The petitioner shall submit a comprehensive sign plan for City Council approval. 12, Tenants which contribute to odor emissions shall be located along the east side of the eastern most building on the site. 13, The petitioner shall apply for a special use permit for any auto rental tenants. 14� A park fee of $.023 per square foot shall be paid at the time of building permit. 15, The petitioner shall work with MnDOT to stripe a right turn lane to 73 1/2 Avenue on Highway 65. 16, Compliance with the special use permit shall be reviewed after the project reaches 90� occupancy. The permit shall be reviewed annually thereafter up to five years. 17, The HVAC and odor venting systems shall be designed with all possible design features and equipment which is economically available to eliminate to the greatest extent possible any odor emissions from the auto mall or its individual tenants. Odor venting systems for automotive painting, detailing, or finishing tenants shall meet NFPA, EPA, and UFC construction and installation requirements. 18, In the case of automotive painting, detailing, or finishinq tenants, odor emissions will be evaluated in accordance with the standards established by the Minnesota Pollution Control Agency, specifically Section 7005.0900 through Section 7005.0960. Failure to meet the MPCA odor standards shall be a basis of revocation of the special use permit. 3C Aut � Mall SUP Oct �ber 29, 1990 Pag : 4 19. Doors on the north side of the building shall be closed when vehicles are being serviced or when noise is qenerated. BD/ in cc: Bob Aldrich Mike Schrader Virgil Herrick M-9 0-760 rJl. �L�� 1QJFJ 1�_�,� 1;= �gGi 1�: i',' t�l � F'OLUJT I iJIJ Ct�hJTRQL HGEIJ�= �. . ` STANDARDS Uf' YER:'OkN4NCi FOR ODOROUS EMIS�=0N5 �005.0900 DEFINI:IONS. l 11�1 � 3D .____.�-. SubPact 1. SCOpe. The EoJ.lowing def::�ition9 Shd'-1 app�y in Che intecpretati�n and enforcement of parta ?005.0400 to 7005.0960 and t.".e toilowing Wor3s and terms wfie:ever they occur in parts 7005.Oy00 to %405.0960 are defined as follews. Subp. 2. Ambient air. "ambient air" shall mean that portion oF the atmo5phere externcl tu bui:dinga to which the genernl puDlic has acccs�. Subp. 3. Odor conceRtration unit. "Odor Concentratiori unit" snail meAn the number o�t st�ndard cubic feeb oE odor-free sir needeQ te dilute eauh cuUic fov't oE contaminated air �e that at least 50 percent of the odor concentrat:on Cest panei does not detect any odoc in the diluttd mixture. Sunp. a. Odor etn�asion rate. "o�ior emia6ion rate" �r�== me�n tb� pcoduct ot the number of rtana�r4 cubic fe3t er m:nute et air er other gases emitted frocentratpontunirs�depe�^�v•ednf�r source and the nunber o� odoc con that source. 5ubp. 5. Odot source. "Odor source" shall be definec a6 to include but not be limited to any stack, ch�m�cy�pen^tank, window, open:ng, lagoon, basin, catc�[�an8cnorPi�torganie storaqe tank, storage pile, or any g F�12 297 145h 10i18i9� 13: 17 I°11J F'� �LL! �TIOFJ Ci�NTROL AGEN�Y' Lk73 � 3E discnarge and/ot App llcation which emits odoroug gs�• 5ases, o� particulates. M5 s 116.07 subd 4 7005.0929 ODOROUS AIA POLLUTION pROEiIgITED. Np petson ehall cause, permit, or allow emiSsion into the ambient air oP odoraus air concaminenta in excess et the staadards and pdzameters of parc 7005.09Z0. Sucn exeessive emiasions are air gallu�ion in one or more of the ways enumerated in xinnesota SCatutes, secti0n 116.06, subdivisions 2 and 3. MS a 116.07 aubd 4 7005.09Z0 ODOA �SISSION LIHITS. Violativn of part 7005.0910 ahaii be any discharqe oE �i.T contaminants in excess of the foiloaing odor emiasion limits: A, odor sources emitting trom wel.k-dsfined stacks 50 feet ox mare above grade eJ.evation and aith adequate dispersion ina9reatersthen 150dodormconcentstttion9unitsshall not enit odocs 9. Odor sources oi less than 50 teet elevation sbo�e grade or other++xs�heaagenc tshallanot4tmatamore than 25nodoc�ns as determiaed by Y concentraeion unit6. C. No odor source shall have sn odor emiseion race in excess o� 1,000,000 odor cencentrat:on units pec minute. D, t3o odoc soucce shall emi.t air contami�A^ollu•.e��s t;�e ambient a:r wnich csuse odor outside the alleged p propercy line in excess of•the following ::mitations: (1) one odct unit in areas soned residential, ret:eational, inscitutio�a�, retail aales, hoeel, or educationAlt (Z� tao odor units irt aress :oned liqhe ir►dustrielt =nd (3) :our o8or units in aceas soned other eh�n in aubite�as (1) dnd (Z). �tS s 116.07 aubd 4 7005.0930 OflOR T�STING. GdOr tes:ing shall be conducted sa lollows: A. OdoC t�its sh�l� ba conducted by the aqency os vnder aqency aupervislon and advi�en+ent. � H. Odoi teet penel members �hall be eeleeeed ot 'npproved by the agency. �, Awbient air samPleB containinq the alleged idneou�f air pollutSon obtained doWnwind and outside tha prope:ty the alleqed polluter, and snmpies th�todorouscdirdpol2ut:on�� the odor souzce allegedl}� causinq shall be obtained. p. procedlessto�thebtescipanelcforatests shall be pcesentinq such samp 37 61"' 297 1456 1�;•i�,i9fl 1 �:18 f°It�l Fi�LLUT I l7N `1�r:�N� GLtJTROL AGENCl' ��a 3F accomplished acCOCdinq to Ametican Socierovedrbycthe�agencyT�al� Method D-1391-57, or by othec method app the msthod The panel testing procedure shall be conciucted bYD� L. Rorton, desciibed by G. M. Senforado, w. J. Rotella, and "Development oF an Odot Panel !o[ ��nluation of odor Cont:ol �quipment". 3ouznAl opA9ea 141 1051uFebruerYt1969A?orCbYtother volume 19, Numbet 2, mtthod approved by the ageney. g, pll odor test pnnel membera shall havQ a smel- expo6ure Co determine the odor concentrat:on of the alleged air conCAminant et the odor source and in the ambient ait sample� and a��181resampleio$econtainedhinhthetsample obtainedafromnthee ambie onsea sheli be odor source ot t�e alleged dischArger• Ail resp recorded under oath nad noCarized. MS s 116.07 subd 4 7005.0940 E4UIP7�SENT BREAKDOWN. No pe�aon shall ope:�tte eny pcocess, proce9e equipment, tuel-burninq equipment; or reEuse-burning equigment wher. such proceea or equipment i$ out oE repair and cau�T�9�005p0920tas1a 'odorous air pollutio�• Emiasions violating p direet resulC ot upset condition$ in, or �r�ikment,UOracont:ol process, proCess equipment, fuel-burning q P equipment or related aPPiaCin� suchpequipmentndshallcnocrbe of the person owning or QP- 9ar;s 7005.0910 and 7005.0920, deemed ta be in vi.olation of p piovlded attat tne oWner or operator advises the andn utlf��sc3 circumstances within 24 hours oE the breakdown, corrective pro9can within seven ddys o£ the breakdoWn. �h� agency caey permit onezation on a tenporary basis duYirig the peridd of such an emecge�cy shutdo�.+n not to exceed 3a days fron the breakdown if such operation will not create dm�ltmas define� serious public healtn or saEesy hazard. No equip above shall be operated which has nn unreasaneble breakdow� Prequency as dete:mined by tre aqency• MS s 116.07 aubd 4 �005.Q950 RGRZeUSZNEBS EXC�pTION. The odor of 9rowingThe9odoriof domestict(arqa�ic)�ered odorous air pollucion- esticide� fertilizer, indusc:ial (inorgan!c) lerti2izec, and p shall not be consideced odorous air pollution 1E surt��s��ssandces are used efEec:ively according tOilingl oftsuchdmaterials shall dpplication. �he open stoLaqe �p be accompliih��s ot tederal�cscatee andnlocaldgovernmentaand with tha re9ul.�t their regulatocy aqencies. MS s 116.07 s�bd 4 ?Q05.0960 DEFENSE Tb CIV;L ACTI�N• Camplidnre wS,th the provi6ions oP pacts 7005.0910 to 7005.0950 shall not operaCe rivateenuisance theo=Yion at lau based upon a� public andlo= P MS s 116.07 subd 4 � S�o° ° �_ �h�a ��0000c � / ;� �t•� / / / / / / / / / / / / / / / / � NES � � � � � � o'.. �' .., �:a I e � 2 t C � C � SP ��90-15 A1 Schrader ZONING MAP c� i� ce � � ii t � « « t�i t:: 33S : g .i i. ... ..� i�a : � It !t t!1 !� . _ ' #i i�i �p � 6 � eeg • a3 � � i !=!t �� !' �' rE: � #��F il �i �i �.E � � i � � � i � � //WC / > 1- � / ' � O � ..�. ' � - � . �NY� ONf10Y M1tlON , _�'- 99 AVMHOIH ,i; ,N� � l�. SP 4�90-15 A1 Schrader I N1 N \ � A � Z • � _' "_ � N H SiTE PLAN SP 4�90-15 A1 Schrader 31 a j �� a ��3 �� s�� ;� � t� �� < e u o w � o s. .. .• ha • - �� J � r— < I ' � I � �� Q p ' O — _ N o i — ,� 00 = � <. _ - � � 0 �- � � < J U � ' � > O < � ¢ a ��- W 0 �� A � � I � � .� rs�l' ..; �� ll�!)� �� T ��I (II►�L,� '�� '�EJ � `1J O � v � � — t = � v �� • � _ • \ , � � Hl N � � — O O \ < ` ` i yr — � � _ ':i ,---- � < __ I 1 - 7 j ��y¢jO _ __ � .ri � t ` t/ /� �-n d u . / , ;, w � >� a • � W � ; = avoa ��indas lsva '�i :� , ° O j N :- — .. -- ---- --- --------� i < J --- --- �– ' 3NVl ONf10B N1UON � � .. _.. - '�-----� - '-- 99 JlV�d1H�JIH LANDSCAPE. PLAN � � cinroF fR1DLEY DATi : TO: FROr :: SUB� ECT: C011/IMUNtTY DEVELOPMENT DEPARTMENT' MEMORANDUM October 30, 1990 /� �•i' William Burns, City Manager�• Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator First Reading of Ordinance for Rezoning, ZOA #90-05, by A1 Schrader for the Auto Mall Att�ched is the ordinance rezoning three lots in the Central View Mancr subdivision from C-3, General Shopping, to M-1, Light Indistrial. These lots form the southeast portion of the proposed aut<� mall project. Pending final resolution of the issues reg�rding the special use permit, it is recommended that the City Coui.cil approve the attached ordinance for first reading subject to ihe following stipulations: 1. 2. The parcels shall be combined for tax purposes. The special use permit, SP #90-15, shall be approved. Sec< �nd and final reading of the ordinance will be scheduled for the November 19, 1990 meeting. BD/c .n M-91 �-775 4 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: 4A SECCION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to stipulations adopted at the City Council meeting of , 1990. SEC CION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 7, 8, and 9, Block 1, Central View Manor from M-1, Light Industrial, to C-3, General Shopping, generally located at 7355 Highway 65 N.E. Is hereby designated to be in the Zoned District C- 3, General Shopping. . SECCION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-1, Light Industrial, to C-3, General Shopping. PAS3ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF _, 1990. WILLIAM J. NEE - MAYOR AT'I EST: SHIRLEY A. HAAPALA - CITY CLERK Pu� lic Hearing: October 15, 1990 First Reading: Sec�nd Reading: Pux lication: ��: � � CITYO ' FRlDLE � FOR CONCIIRRENCE BY THE CITY COIINCIL--00�4II88ION APPOINTMENT CIIRRENT MEMBSR Apveala Commission C1 ifford Johnson 5156 Huqhes Avenue N.E. (H� 572-8214 (Rasigned--Effective October 1, 1990) �iOVSMB$R 5, 1990 �� 4-1-91 5 FINANCE DEPARTMENT s � MEMORANDUM . ��. TO. WILLIAM W. BIIRNB, CITY MANAGER� • FRO�!: RICAARD D. PRIBYL, FINANCE DIRFCTOR BUBJBCT: RECOMMENDATION FROM FINANCIAL ADVISOR ON BOND SALE DATE: November 2, 1990 Attached is the recommendation Springsted has provided to the City regarding the bond for the water improvements. Please note they are recommending issuance of General Obligation Water Revenue Bonds, Series 1991A, in the amount of $1,615,000. We :oncur with the recommendation and provide the attached resolution that would permit the proper publication for the notice of s31e for the bonds. RDP/ ne Atta :hments . ` Recommendations For City of Fridley, Minnesota $1,615,000 GE neral Obligation Water Revenue Bonds, Series 1991 A $1,020,000 G eneral Obligation Improvement Bonds, Series 1991 B Study No. 3729 SPRINGSTED Incorporated November 1, 1990 500 E r Grove Road Suite 01, P.O. Box 37 Elm Gro e, WI 53122-0037 (41 l) 782-8222 Fax: 314) 782-2904 2739 Se ond Avenue S.E. Cedar Ra� Ids, IA 52403-ia3A (31 I) 363-2221 Fax: � 319) 363-6999 Nove�r ber 1, 1990 Mayor Nilliam Nee MembE rs, City Council Mr. Wii iam W. Burns, City Manager Mr. Ric �ard D. Pribyl, Finance Director City H� II 6431 U iiversity Avenue NE Fridley MN 55432 SPRINGSTED PUBLIC FINANCE ADVISORS 85 East Seventh Place Suite 100 Saint Paul, MN 55t01-2143 (612) 2233000 Fax:(612)223-3002 512 Nicollet Mall Suite 550 Minneapolis, MN 55402-1017 (612) 333-9177 Fax: (612) 333-2363 Re: Recommendations for the Issuance of: �1,615,000 General Obligation Water Revenue Bonds, Series 1991 A 51,020,000 General Obligation Improvement Bonds, Series 1991 B 135 North Pennsylvania Street Suite 2015 Indianapolis, IN 46204•2498 (317) 684-6000 Fax: (317) 68a-6004 6800 College Boulevard Suite 600 Overland Park, KS 66211 (913) 345-8062 Fax:(913) 345-1770 We res �ectfully request your consideration of our recommendations for the issuance of the above-� nentioned bond issues in accordance with the Official Terms of Sale, attached. Each issue � il! be discussed separately. �1,615 000 General Obligation Water Revenue Bonds, Series 1991A The W< ter Bonds are being issued pu�suant to Chapters 444 and 475, Minnesota Statutes for the pur >ose of financing various improvements to the water utility including the construction of a water storage tank. The siz� : of the issue was determined as follows: Construction Costs Allowance for Undervvriter's Discount Estimated Issuance Costs Total Costs Less: Estimated Investment Earnings Water Bonds $1,593,994 24,225 19.362 $1,637,581 22 581) 1 615 000 Appenc ix I is the recommended maturity schedule for the bonds. The Water Bonds will be dated J�nuary 1, 1991 and will mature each February 1, 1992-2011, a period of 20 years. The issue h: �s been structured to provide appro�mately even annual debt service over the 20 years of repa� ment. Column 7 of Appendix I is the estimated debt service due, including the State- mandat �d 10596 of debt service. The City is required to provide for this in estabiishing rates • = City of Fr dley, Minnesota Novemb� r 1, 1990 l•1rJ and cha� �es in case actual water revenues are less than expected. The average annual debt service fi�m column 7 is approximately $159,600. The first nterest payment on the bonds will be due August 1, 1991, of app�oximately $63,810. The nexi payment on February 1, 1992 will be approximately $89,700 inciuding principat and interest. These payments can be made from water revenues ootlected during calendar ysar 1991. T�roughout the !'rfe oi the issue, each August 1 and February 1 payment wiil be made from wat ar revenue generated in the year prior to the February payment. Earlier ir the year, Springsted Incorporated undertook a water rate study for the City and it is our und� �rstanding that a rate increase resu�ing f�om that study has been put in place which wili proc uce revenues sufficient to support this issue. Under the p�ovisions of Minnesota Statutes 444, in the resolution awarding the bonds, the City will covenant with bondholders to maintain water utility rates high enough to coilect revenues sufficient to support the operations of the ut lity and to pay debt service. The City will be required to annually review the budget of the utilit� � to determine if current water utility rates and charges are high enough and to adjust them if r ecessary. s1,020,� �00 General Obligation lmprovemerrt Bonds, Series 1991B Proceec s of the Improvement Bonds will fund the assessable portions of nine projects complet ;d or underway within the City. A listing of these projects, their costs and terms of special ;�ssessment are found in Appendix II of these recommendations. In summary, the issue consist: of the foliowing: Totai Origina! Assessments Capitalized Interest* Costs of Issuance Allowance for Underwriter's Discount Total Costs Less: Prepaid and Scheduled Assessments Paid Through 10-24-90 Estimated Investment Earnings Improvement Bonds * For projects 90-3 and 210 to be assessed in 1991. $1,094,378 5,863 16,960 15.300 $1,132,501 (111,110) 1 391) � � �� Assess nent rolls for the various projects have been or will be assessed over periods of 10, 15 or 20 y:ars, depending on the project. The estimated assessment cotiections for each project are det, iiled in Appendix III. One project, 89-1-01 is assessed at $174,083; however, $80,839 of those � ssessments is being deferred until the property develops. Therefore, we have not shown this amount as assessment income in Appendix III. Until these assessments are collectE d, the City wilf have to make a small annual levy or provide money from other sources for this share ot debt service. Appenc lix N is our recommended maturity schedule for the Improvement Bonds. The bonds are dai ad January 1, 1991 and will mature February 1, 1992 through 2005. Although special assess nents will be collected through 2011, they are smalt annual cotlections as shown in columr 12 af Appendix N and we believe it is not to the C+ty's advantage to extend the bond issue U �at far. Page 2 City c f Fridley, Minnesota Nove nber 1, 1990 The f rst interest paymeM wi{i be due August 1, 1991, in the estimated amount of $37,800. A princi �al and interest payment will next be due February 1, t 99'2, in the estimated amount of $107, t12. These payments will be made hom special assessment collections during 1991, the intere >t capitalized in the issue and a small tax levy or othe� City tunds as shown in column 11. Thro� �hout the issue, the collection of first-haff assessments will support the August 1 interest paym �nt in the year of collection and second-half collection and surplus first-half collections will p� y the February 1 principai and interest payment coming due the following year. Comn ion to Both Issues Both i�sues are general obligations of the City for which its full faith and credit and power to levy u� ilimited genera{ ad valorem taxes are piedged. We re� �ommend that the bonds maturing on or atter February 1, 2001 be subject to prepayment in adv ince of their stated maturity on February 1, 2000 and on any day thereafter at par. The call fe� ,ture will pe�mit the City to prepay or refinance the issue shouid this be warranted in the future. We fur her �ecommend that you authorize Springsted Incorporated to apply for ratings for these issues from Moody's Investors Service. Moody's has assigned an "Aa1" rating to the City's existin� � debt. Moody's will assign a single rating which wiil include both issues. They wil{ bi{I the Cit ► directly for the new rating which will be approximately $4,000. The fee for this review has be 3n aifocated in the issuance costs for each of the issues. Both is �ues a�e subject to the 1986 Tax Reform Act and the 1989 Amendments as they relate to arbitrac e profits and rebating any of those proflts to the U.S. Treasury. There are some exempi ons from the rebate requirements including a smail issuer exemption if the bonds are for a gc vernmental purpose and the C�ity reasonably expects to issue not more than $5,000,000 of tax-f xempt bonds during the calendar year. ft is our understanding the City does not anticip� te issuing more than $5,000,000 of tax-exempt bonds during 1991 and therefore can qualiiy itself as a small issuer under the Act and not have to worry about the arbitrage regulati �ns for these Bonds. The issuance of over $5,000,000 in 1991 mav resuft in the City having o report on and rebate arbitrage earnings to the governme�t. We are recommending both issues be offered for sale on Monday, December 10, 1990. Bids will be r;ceived in the offices of Springsted Incorporated at 11:00 A.M. and wili be presented to the Co� ncil that evening at 7:30 P.M. A representative of Springsted Incorporated will attend the Co� ncil meeting to answer questions and advise you on the acceptability of bids. Bond proceec s will be available in mid,January. Respeei `uliy submitted, � � /-Q'�.�, ��2sC%l SPRING 3TED Incorporated mmr Page 3 .� City oi Fridl�y, Yinn�sota 0.0. Irat�r R�v�nu• Bonds, S�ri�s 1991A =1,815,000 Dat�d: t- 1-1981 Yatur�: 2- t Y�ar of Y�ar ot R�v�nu� Ilat. Principal Rat�s (�) (2) (3) (4) �eet tisez 1993 1894 1885 1996 t997 1998 1999 2000 2001 2002 2003 2001 2005 zoos 2007 2008 2009 2010 TOTALS 1992 1993 1894 1995 1898 1997 1898 1998 2000 2001 2002 20Q3 200� 2005 2006 xoo� 2008 2009 2010 2011 35,000 5.904 45, 000 5. 96i� +5 , 000 8. OS�k 50,000 8.151� 55,000 8.20ti 55,000 6.30�b 60 , 000 6. 40+k 65 , 000 6. 45�k 70 , 000 6 . SO�k 75,000 8.80k 75,000 8.70� 80,000 B.BO�t 90, 000 6. 90'4 95,000 8.95� 100,000 7.00i ��o,000 �.os� 115, 000 7.10+k 125,000 7.15+k 130 , 000 7 .15�k 140,000 7.15i 1,815,000 PrparW Oeto6�r 31, 19p0 By 9PRINOSTED Inco►porat�d Total Principal 106+Y Int�r�st i Int�r�st oi Total (s? (el (�I >>e,soe 107,325 104,847 101,824 98,849 95�439 91,974 88,134 83,841 79,391 7��411 88�418 83,978 57,788 51,183 u,�e3 38,108 26,243 18,305 10,070 �sa,soe � s2, �ts 149,847 151,924 153,840 150,436 151,974 153,134 153,941 154,301 149,441 149,418 ,ss,9�e /52,7�6 151,163 �s;,�es /51,106 153,2�3 149�305 150,0/0 �e�,�e� 1S0,9tt 157,129 1'5��520 1e1,Sti 157,9e1 150,573 1aG�791 1a1�63! ie2,111 15Q,913 1Sd,ab7 �s�,e�s 1a0,404 1'Sa,721 �e�,a» 15e,978 1a0,�05 1'Sa, 770 157,511 1,425,021 3,040,021 3,1�,021 Bond Y�ars: 20,539.58 Mnual Int�r�st: 1�425,021 Avp. Wtur3ty: 12.72 Plus Discount: 21,225 Avp. Mnwl Rat�: 8.938�k N�t Inter�st: 1,4t8,248 N.I.C. Rat�: 7.058�k Int�r�st rat�s ar• •stl�ai�s; chtnp�s �ay caus� siq�ificant alt�rations of this sch�dul�. Th� actual und�rwit�r's discount bid �ay also vary. APPENDIX I sE Page 4 City of Fridley, Minnesota feneral Obligatiin Improvement Bonds, Series 1991B Filing O�iginal Date of Term of Maunt of Droject Assessments Assessnients Aases�menta -------- - ------------ ----------- ----------- 183 - Water, San tary 10/10/89 20 Years 38,727 6 Storm Se �er 188 - Water, San tary 10/10/89 15 Years 236,549 APPENDIX !! sF ii/oi/so Less: Prepayments Balance of Plus: 6 Scheduled Assessments Capitalized Payments to be Interest Thru 10-24-90 Financed ----------- ----------- ---------- (1,936) 36,791 (8.712) 221.837 8 Storm Se �er 1988 Street Impr�vement Projects: OB 10/10/89 15 Years 12,200 (813) 11,387 OC l0/10/89 10 Years 37,380 (3,738) 33,642 88-4 - Street Imirovement 10/10/90 10 Years 90,306 (10,005) 80,301 Project 69-1-01 - Street 10/10/90 10 `fears 174,083 (a) 174,083 Improvemen: Project 89-1-00 - Street 10/10/90 10 Years 432,624 (85,906) 346,718 Improvemer: Project 90-3 - Street In�rovement 10/10/91 10 `lears 43,627 3,639 47,266 Project 210 - Water 6 SErer 10/10/91 20 Years 28,882 2,224 31,106 Project --------- -------- ---------- --------- Subtotal 1,094,378 5,863 (111,110) 989,131 Plus: Allavance for Discount Bidding 15,300 . Estimated Costs of Issuance 16,960 Less: Investment Earnings (1,391) Total Bond Issue 1,020,000 :sssssszss (a) Includes 5�0,839 of assessments which have been deferred. Page 5 p �i W , f � i � 0 : i� � p ri O • fi O > l� d �;. � � 4 f,l � (i L d il � H H 2 � q W � I O W F- V W a � 11 i� i .� 1i � 'I �� I O � O � q • L c �� .r ! i .i �. � � � N i1 � �I } il o � T 1 w .r i p �1 APPENDIX III sG O r � � m �� Y�f N� l7 N N � O�� r C � O N `� � � O W m^ fD m�� l7 l0 � � A E N � � � M • C a+ �+ b � �a . l O .r � l7 c� l7 l7 f0 l7 l7 !O P! l7 l7 l7 O M.Ci p O aD CD O m CD m O m O O O O O � N � � � � � � : � � � � � � � E E � � � � � � � H � N N N N N N N N N N N N N N �� V rb ^�� f O� N N N� f f � � Q N� � m m A Y'f N m Ol W O tl �� O A f0 1ff ♦ nl N � O O A Y! 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M O r+ L C N f � V o � « �+ O c A � C7 �+ i a i 0 g O 0 � H 8m�� N ^ � � f0 t0 m « a a ¢ « •• . .r .� O a � w « 4 w C ¢ > � � v O P �+ m < < 2 P2►ge 10 • .r V O t V M .r L w O N C O .r � • M � r C � G7 F � � 4 N ; 7 N {7 �0 � � n 9 o .� C � L C u Q a w m � V � E N ti �+ L W 01 • v � e � L � a v « � � � s+ � a r o w C L ., � OFFICIAL TERMS OF OFFERING ;1,615,000 CITY OF FRIDLEY, MINNESOTA GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1991 A 6L Sealec bids for the Bonds will be received by the City Manager o� his designee on Monday, DeceR ber 10, 1990, until 11:00 A.M., Cent�al Time, at the offices of SPRINGSTED Incorporated, 85 Ea. t Seventh P{ace, Suite 100, Saint Paul, Minnesota, after which time they witi be opened and tal >ulated. Consideration for award of the Bonds will be by the City Council at 7:30 P.M., Centra Time, of the same day. DETAILS OF THE BONDS The Bc nds wili be dated January 1, 1991, as the date of origi�al issue, and wili bear interest payab4 : on February 1 and August 1 of each year, commencing August t, 1991. Interest will be cor iputed on the basis of a 360-day year of twelve 30-day months and will be rounded pursua it to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in i� itegral multiples thereof, as �equested by the purchaser, and fully registered as to princip �I and interest. Principal will be payable at the main corporate otfice of the registrar and interest on each Bond wiil be payable by check or draft of the registrar mailed to the registered ho{der rhereof at the holder's address as it appears on the books of the registrar as of the close o` business on the 15th day of the immediately preceding month. The Bo �ds will mature February 1 in the years and amounts as follows: 1992 1993 1994 1995 1996 1997 1998 ��• �� . • �.• �� .� �� r�� .� r��, �� • r,�.•r. •�• . � •�• �� •�� .:� �� •� �� •� OPTIONAL REDEMPTION 2006 $100,000 2Q07 $1 t 0,000 2008 $115,000 2009 $125,000 2010 $130,000 2011 $140,000 The Ci� � may elect on February 1, 2000, and on any day thereafter, to prepay Bonds due on or after Fe �rusry 1, 2001. Redemption may be in whole or in part and ff in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the r agistrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Boi �ds wiil be general obligations of the City for which the City will pledge its full faith and credit a�d power to levy direct general ad valorem taxes. In addition the City will pledge net revenue s of the City's water utility. The proceeds will be used to finance various improvements to the w 3ter utility including the construction of a water storage tank. TYPE OF BID Bids sh� dl be for not tess than $1,590,775 and accrued interest on the totai principal amount of the Bor ds, and shall be accompanied by a certified or cashier's check in the amount of $16,150 payable to the order of the City. No bid will be conside�ed for which said check has Page 11 6M not beE n received. The City will deposit the check of the purchaser, the amount of which will be dec ucted at setdement and no interest will accrue to the purchaser. In the event the purcha �er faila to comply with the accepted bid, said amount will be retained by the City. No bid cai � be withdrawn after the time set for receiving bids uniess the meeting of the City schedu ed for award of the Bonds is adjourned, recessed, or continued to another date without award ��f the Bonds having been made. Rates shatl be in integral multiples of 5/100 or 1/8 of 1%. R� �tes must be in ascending order. Bonds of the same maturity shall bear a single rate from th ► date of the 8onds to the date of maturity. No conditiona! bid wiU k�e accepted. �i'.TI•_L'� The &�nds will be awarded to the bidder offering the lowest dollar interest cost to be determ ned by the deduction of the premium, if any, from, or the addition of any amount less than p; �r, to the total doltar interest on the Bonds from their date to their final scheduled maturifi �. The City's computation of the total net dollar interest cost of each bid, in accordance with cu stomary practice, will be controlling. The City will reserve the right to: (i) waive non- substai �tive informalities of any bid o� of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have fa led to comply with the terms he�ein. BOND INSUFiANCE AT PURCHASER'S OPTION If the E onds qualiiy for issuance of any policy of municipal bond insurance or commitment therefo at the option of the bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting hom such purchase of insurar ce shall be paid by the purchaser, except that, if the City has requested and received a rating � m the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purcha �er shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Boi �ds. REGISTRAR The Cii � will name the registrar which shall be subject to applicable SEC regulations. The City will pa� for the services of the regisVar. CUSIP NUMBERS If the E onds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failu�e to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall b� � paid by the purchaser. S�TLEMENT Within 10 days following the date of their award, the Bonds will be delivered without cost to the purcha >er at a place mutualy satisfactory to the City and the purchaser. Delivery will be subjec� to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Profes� ional Association, of Saint Paul and Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation cert�cate. On the da� e oi settlement payment for the Bonds shall be made in federal, or equivalent, funds which �hall be received at the offices of the City or its designee not later than 12:00 Noon, Page 12 6N Central Time. Except as compliance with the terms of payment for the Bonds shall have been made i� npossible by action of the City, or its agents, the purchaser shaN be liabie to the City for any los s suffered by the City by reason of the purchaser's non-compliance with said terms for payme �t. OFFICIAL STATEMENT The C ty has authorized the preparation of an Official Statement containing pertinent inform� tion relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statem 3nt within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For co >ies of the Official Statement and the Offlcial Bid Form o� fo� any additionai information prior t� i sale, any p�ospective purchase� is referred to the Financial Advisor to the City, Spring �ted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephc �ne (612) 223-3000. The Of icial Statement, when further supplemented by an addendum or addenda speciiying the maturit / dates, p�incipal amounts and interest rates of the Bonds, together with any other inform� �tion required by law, shall constitute a"Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underv �riter o� underwriting syndicate submitting an Official Bid Form therefo�, the City agrees thai, n� more than seven business days after the date of such award, it shall provide without cost tc the senior managing underwriter of the syndicate to which the Bonds are awarded 65 copies of the O�icial Statement and the addendum or addenda described above. The City design �tes the senior managing undervvriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Fina( Official Statement to each Partici� rating Undennrriter. My underwriter executing and delivering an Official Bid Form with respec 1 to the Bonds agrees thereby that 'rf its bid is accepted by the City (i) it shall accept such desigr ation and (ii) it shall enter into a contractual relationship with all Participating Unde� vriters of the Bonds for purposes of assuring the receipt by each such Participating Under vriter of the Final Offlcial Statement. Dated November 5, 1990 BY ORDER OF THE CtTY COUNCIL /s/ Shirley A. Haapala City Clerk Page 13 OFFICIAt TERMS OF OFFERING =t �OZ0,000 CtTY OF FRIDLEY, MtNNESOTA GENERAL OBUGATION IMPROVEMENT BONOS, SERtES 199t B . • Sealed t ids for the Bonds will be received by the City Manager or his designee on Monday, Decemb �r 10, 1990, until 11:00 A.M., Central Time, at the oifices of SPRINGSTED lncorpor �ted, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, atter which time they will be o>ened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:30 F.M., Central Time, of the same day. DETAILS OF THE BONDS The Bor ds will be dated January 1, 1991, as the date of original issue, and will bear interest payabie on February 1 and August 1 of each year, commencing August i, 1991. Interest will be com �uted on the basis of a 360-day year of tweive 30-day months and wilt be rounded pursuar � to rules of the MSRB. The Bonds wiA be issued in the denomination of $5,000 each, or in in .egral multiples thereof, as requested by the purchaser, and tully registered as to principa and interest. P�incipal will be payable at the main corporate otfice o1 the �egistrar and interest �n each Bond witl be payable by check or d�aft of the regist�ar mailed to the registered holder 1 �ereof at the holder's address as it appears on the books ot the registrar as of the close oi business on the 15th day of the immediately p�eceding month. The Bo� �ds wil! mature February 1 in the years and amounts as follows: .•. .•• .• .�� •� •� �� ... .:� •�• •• �� - ��• .. •�� .•� •�� •� �� .. ��• •� �� OPTIONAL REDEMPTION The Cit i may elect on February 1, 2000, and on any day thereafter, to prepay Bonds due on or after FE bruary 1, 2001. Redemption may be in whole or in part and 'rf in part, at the option of the Cir and in such order as the City shail determine and within a maturity by lot as selected by the egistrar. A!I prepayments shall be at a price of par and accrued interest. SECURfTY AND PURPOSE The Bc nds will be general obligations of the City for which the City will pledge its full faith and credit �nd power to levy direct general ad valorem taxes. In addition the City will ptedge specia assessments against benefltted property. The proceeds will be used to finance various improv ament projects completed or under construction within the City. TYPE OF BID Bids sl �all be for not less than St ,004,700 and accrued interest on the total principal amount of the Bc nds, and shall be acxompanied by a certfied or cashier's chedc in the amount of $1 Q,2C �, payable to the order of the City. No bid will be considered for which said check has not be an received. The City will deposit the check of the pu�chaser, the amount of which will be de iucted at settlement and �o ir�terest will accrue to the purchaser. In the event the Page 14 . ' purchas� �r fails to comply with the acxepted bid, said amount will be retained by the City. No bid can be withd�awn aiter the time set for �eceiving bids unless the meeting of the City schedulE d for award ot the Bonds is adjoumed, recessed, or continued to another date without award o� the Bonds having been made. Rates shail be in integral mutGpies of 5it 00 or t 18 of 1%. Ra1 es must be in ascending order. Bonds ot the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditionai bid will be accepted. AWARD The Boi �ds will be awarded to the �bidder offering the lowest dollar interest cost to be determir ed by the deduction of the premium, 'rf any, hom, or the addition of any amount less than pai , to the total dollar i�terest on the Bonds from their date to their final scheduled maturity, The City's computation of the total net doNar interest cost of esch bid, in accordance with cus omary practice, will be controlling. The City wi0 reserve the right to: (i) waive non- substanl ve informalities ot any bid or oi matters relating to the receipt'of bids and award of the Bonds, � ii) reject all bids without cause, and, (iii) reject any bid which the Ci1y determines to have fail :d to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bc �nds quality for issuance of any policy of municipal bond insu�ance o� commitment therefo� 3t the option of the bidder, the pu�chase of any such insu�a�ce policy o� the issuance of any : uch commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insuranc e shall be paid by the purchase�, except that, if the City has requested and received a rating o� i the Bonds irom a rating agency, the City will pay that rating fee. Any other rating agency aes shall be the responsibility of the purchaser. Failure c f the municipal bond insurer to issue the policy after Bonds have been awarded to the purchas ar shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Born Is. REGISTRAR The City will name the registrar which shall be subject to applicable SEC �egulations. The City will pay or the services of the registfar. CUSIP NUMBERS K the B� �nds qualiiy tor assignment of CUSIP numbers such numbers will be printed on the Bonds, wt neither the failure to priM such numbers on any Bond nor any e��or with �espect thereto nrill constitute cause for failure o� retusal by the pu�chaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT �thin 4) days following the date of their award, the Bonds will be delivered without cost to the purchas sr at a place mutually satisfactory to the City and the purohaser. Delivery will be subject to receipt by the purchaser of an approving iegai opinion of Briggs and Morgan, professi �nal Association, of Saint Paul and Minneapolis, Minnesota, which opinion will be printed >n the Bonds, and oi customary dosing papers, including a no-liqgation certificate. On the dati of settlement payment for the Bonds shall be made in federal, or equivalent, funds which s�all be received at the offices of the City or its designee not later than 12:00 Noon, Central �me. Except as compliance with the terms of payment for the Bonds shall have been made in �possible by action of the City, or its agents, the purchaser shall be liable to the City for Page /5 any los: sutfered by the City by �eason of the purchaser's no��ompliance with said terms tor paymen . OFFICIAL STATEMENT The Cit � has authorized the preparation of an Official Statement containi�g pertinent informat on relative to the Bonds, and said Oificial Statement will serve as a nearly-final Official Stateme it within the meaning oi Rule 15c2-12 of the Securities and Exchange Commission. For cop es of the Official Statement and the Otficial Bid Fo�m o� fo� any additiona! information prior to sale, any prospective purchaser is �eterred to the Financiai Advisor to the City, Springsl ad Incorporated, 85 East Seventh Place, Suite 100, SaiM Paul, Minnesota 55101, telephor e (612) 223-3000. The Offi� :ial Statement, when turther supplemented by an addendum or addenda speci�ying the maturity dates, principal amounts and interest rates of the Bonds, together with any other informal on required by law, shall constitute a"Final Official StatemenC of the City with respect to the I londs, as that term is deflned in Rule 15c2-12. By awarding the Bonds to any undervvr te� or undervvriting syndicate submitting an Official Bid Form therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to he senio� managing underwriter of the syndicate to which the Bonds are awarded 40 copies � �f the Official Statement and the addendum o� addenda descxibed above. The City designa es the senior managing undervvriter ot the syndicate to which the Bonds are awarded as its � gent for purposes of distributing copies of the Final OfFcial Statement to each Particip� ,ting Undervvriter. Any underwriter executing and delivering an Oificial Bid Form with respect ;o the Bonds agrees thereby that 'rf its bid is accepted by the City (i) it shall accept such designa ion and (ii) it shall enter into a contractual relationship with all Participating Underw iters of the Bonds for purposes of assuring the receipt by each such Participating Unden�v iter of the Final Offlcial Statement. Dated � �vember 5, 1990 BY ORDER OF THE CITY COUNCIL /s/ Shirley A. Haapala City Clerk Page 16 . !, . � EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA Pursuant to due call and notice thereof, a reqular or speci3l meeting of the City Council of the City of Fridley, Minne sota, was duly called and held at the Fridley City Hall on the 5th day of November, 1990, commencing at P.M., C.T. The following Councilmembers were present: and the following were absent: Councilmember introduced the follc wing resolution, the written presentation and readinq of which were waived by unanimous consent of the Council, and moved its adopi ion: RESOLUTION NO. RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,615,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1991A BE IT RESOLVED by the City Council of the City of Frid.ey, Minnesota, as follows: 9283 1. It is hereby determined: (a) That the City has duly ordered the making of, and has undertaken or will undertake, the following public improvements (the "Improvements") to the City's municipal water system, pursuant to and in full conformity with Minnesota Statutes, Section 444.075: Water Storaqe Tank Project Costs Issuance Costs Allowance for Discount Less Investment Earnings Total $1,593,994 19,362 24,225 (22.581) $1,615,000 (b) That it is necessary and expedient to the sound financial manaqement of the affairs of the City that the City issue its bonds pursuant to Minnesota Statutes, Section 444.075 and Chapter 475, to provide financinq for the Improvements. 2. It is hereby found, determined and declared that the City shotld issue $1,615,000 General Obligation Water Revenue Bonds, Ser�es 1991A (the "Bonds"), to finance the costs of the Impiovements, and $24,225 of such amount shall represent additional boncs issued pursuant to Minnesota Statutes, Section 475.56, as add9tional interest required to market the Bonds at this time. 3. This Council shall meet at the time and place specified in the attached notice of the sale of the Bonds for the purpose of con�idering the bids for the purchase, and awardinq the sale, of the Bonds. 4. The City Clerk is hereby authorized and directed to cause the notice of the sale of the Bonds to be p�ublished in the official new: paper of the City and in Northwestern Financial Review not less thar ten days in advance of date of sale, as provided by law, which notice shall be in substantially the form set forth in Exhibit A attached hereto. 5. The terms and �onditions of the Bonds and the sale thereof are fully set forth in the "Official Terms of Offerinq" attached herEto as Exhibit B. Adopted this 5th day of November, 1990, by the Fridley City Cour cil . The motion for the adoption of the foreqoing resolution was dul� seconded by Councilmember and upon a vote beinq taken thereon, the followinq voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared ado� ted . 9283 duly passed and ss 6T EXHIBIT A NOTICE OF BOND SALE $1,615,000 CITY OF FRIDLEY ANOKA COUNTY MINNESOTA GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1991A Sealed bids for these Bonds will be received by the City Finance Dire ctor or his designee at the offices of SPRINGSTED INCORPORATED, 85 E�st Seventh Place, Suite 100, Saint Paul, Minnesota 55101-2143, on ronday, December 10, 1991, at 11:00 A.M., Central Time, after which time they will be opened and tabulated. Consideration for awaxd of the Bonds by the City Council will occur at a meetinq of the �ouncil beginning at 7:30 P.M., Central Time, on the same day. The Bonds will have a date of original issue of January 1, 1991, and interest will be payable August 1, 1991, and semiannually thexeafter. The Bonds will be qeneral obligations of the City for which its unlimited taxing powers will be pledqed. The Bonds will matLre on February 1 in the amounts and years as follows: Years 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 Amounts $35,000 45,000 45,000 50,000 55,000 55,000 60,000 65,000 70,000 75,000 ear 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 u s $ 75,000 80,000 90,000 95,000 100,000 110,000 115,000 125,000 130,000 140,000 All Bonds maturing after February 1, 2000, are subject to prior paynent on said date and on any date thereafter at a price of par and �ccrued interest. Sealed bids for not less than $1,590,775 and acczued interest on the principal sum of $1,615,000 will be accepted. An approving legal opinion will be furnished by Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minresota. The proceeds will be used to.finance the costs of public improvements to the City's municipal water system. 9283 6U Bidd�:rs should be aware that the Official Terms of Offerinq to be publ:.shed in the Official Statement for the Offering may cont��in additional bidding terms and information relative to the Bond;;. In the event of a variance between statements in this Noti�:e of Bond Sale and said Official Terms of Offering the prov.sions of the latter shall be those to be complied with. Date�l: November 5, 1990. BY ORDER OF THE CITY COUNCIL �s/ Richard D. Pribyl City Finance Director Furtier information may be obta.ned from the Issuer's Finaicial Advisor, SPRItGSTED INCORPORATED 85 Eist Seventh Place Suit a 100 St. ?aul, Minnesota 55101 (612� 223-3000 9283 EXHIBIT B OFFICIAL TERMS OF OFFERING ;1,615,000 CtTY OF f RiDLEY, MINNESOTA GENERAL OBLJGATION WATER REVENUE BONDS, SERIES 1991A Sealec bids for the Bonds will be �eceived by the City Manager or his designes on Monday, Decen ber 10, 1990, until 11:00 A.M., Centrai Time, at the oifices of SPRINGSTED Incorporated, 85 Ea: t Seventh Place, Suite 100, Saint Paul, Minnesota, atter which time they will be opened and ta wlated. Consideration for awa�d of the Bonds wilt be by the City Councii at 7:30 P.M., Centra Time, of the same day. DETAILS OF THE BONDS The Bc nds will be dated January 1, 1991, as the date of original issue, and will bear interest payabl : on February 1 and August 1 ot each year, commencing August 1, 1991. Interest wili be cor iputed on the basis of a 360-day year ot tweive 30-day months and will be �ounded pursua �t to rules of the MSRB. The Bonds witl be issued in the denomination oi $5,000 each, or in i� itegra{ multipfes thereoi, as requested by the purchaser, and luily registered as to princip, �i and interest. Principal will be payable at the main corpo�ate office of the registrar and interest on each Bond will be paysble by check or draft of the registrar mailed to the registered holder hereof at the holder's address as it appea�s on the books of the registrar as of the close o business on the 15th day of the immediately preceding month. The Bo ids wili mature February i in the years and amounts as foifows: 1992 i 993 1994 1995 1996 1997 1998 �� • �.. . • �� ••• .� �� .. i�� ••� �� • � �� .:� �� -� �� •.. �� OPTIONAL REDEMPTION 2006 $100,000 2007 $110,000 2008 $115,000 2009 $125,000 2010 $130,000 2011 $140,000 The City may elect on February 1, 2000, and on any day thereafter, to prepay Bonds due on or after Fel �ruary 1, 2001. Redemption may be in whole or in part and 'rf in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the rE gisVar. All p�epayments shal! be at a price of par and accrued interest. SECURITY AND PURPOSE The Bon is will be general obligations ot the City tor which the Cit�l will pledge its full iaith and cxedit an 3 power to levy direct general ad valorem taues. In addition the City will pledge net revenue: of the City's water utility. The proceeds wili be used to finance various improvements to the wF ter utility including the construction of a water storage tank. TYPE OF BID Bids shal be fo� not less than $1,590,775 and accrued interest on the total principal amount of the Bonc s, and shaf{ be accompanied by a certified or cashier's check in the amount of $16,150, �ayable to the order of the City. No bid will be considered for which said check has � 6V 6W not beE n reoeived. The City will deposit the check oi the purchaser, the amount of which wiN be dec ucted at settlement and no interest will ac�ue to the purchaser. In the event the purcha cer faiis to oomply witft the aooepted bid� said amount will be retained by the City. No bid ceu � be withdrawn after the time set for �eceiving bids unless the meeting of the City sched� led tor award of the Bonds is adjourned, recessed, or continued to another date without award >f the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 196. R �tes must be in ascending order. Bonds of the same maturity shall bear a single rate irom th � date of the Bonds to the date of maturity. No conditional bid will be accepted. AWARD The B� mds will be awarded to the bidder oifering the lowest dollar interest cost to be determ ned by the deducaon of the premium, if any, from, o� the addition of any amount less than p u, to the total doliar inlerest on the Bonds from their date to their final scheduled maturit �. The City's computation oi the total net dollar interest cost of each bid, in accordance wiih a stomary practice, will be controlling. The City will reserve the right to: (i) waive non- substa itive informalities oi any bid or of matters relating to the receipt of bids and award of the Bonds (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have t� iled to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION Ii the 3onds qualify for issuance of any policy of municipal bond insurance or commitment therefc r at the option of the bidder, the purchase of any such insurance policy or the issuance of any such commitment shail be at the sole option and expense of the purchaser of the Bonds My increased costs of issuance of the Bonds resulting hom such pu�chase of insura ice shall be paid by the purchaser, except that, if the C'�ty has requested and received a rating �n the Bonds Nom a rating agency, the City will pay that rating fee. Any other rating agenc r fees shall be the �esponsibility of the purchaser. FailurE of the municipal bond insurer to issue the policy after Bonds have been awarded to the purch; �ser shall not const;tute cause for failure or reiusal by the purchaser to accept delivery on the & nds. REGISTRAR The C ty will name the registrar which shall be subject to applicable SEC regulations. The City will pa � for the services ot the registrar. CUSIP NUMBERS If the Bonds qualiiy for assignment of CUSIP numbers such numbers will be printed on the Bond: , but neitl�er the failure to print such numbers on any 8ond nor any error with respect theret > will constitute cause for failure or refusal by the purchaser to accept delivery of the Bond: . The CUSIP Servic� Bureau charge for the assignment of CUSIP identification numbers shalt 1�e paid by the purchaser. SETREMENT Withir 40 days fo(lowing the date ot their award, the Bonds witl be delivered without cost to the purch �se� at a piace mutualy satisfactory to the City and the purchaser. Delivery will be subje t to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Profe sional Association� of SaiM Paul and Minneapolis, Minnesota� which opinion will be printe � on the Bonds; and of customary closing papers, including a no-litigation certificate. On the d�te of settlement payment for the Bonds shail be made in tederal, or equivalent, funds whict shall be received at the offices of the City or its designee not later than 12:00 Noon, � CenV� ! Time. Except as compliance with the terms of payment for the Ba�ds shall have been made mpossibie by actlon ot the City, or its agents, the purchaser sha8 be liable to the Ci1y for any la �s suttered by ttte City by reason of the purchaser's non-compiiance with said terms for paymE M. OFF{CIAL STATEMENT The C ity has authorized the p�eparation of an Official Statement �containing pertinent inform: tion retative to the Bonds, and said Official Statement will serve as a nearly-final Official Statem aM within the meaning ot Rule 15c2-12 of the Securities and Exchange Commission. For co� �ies of the Otficial Statement and the Otficial Bid Form or for any additional information prior t� � sale, any p�ospective purchaser is �eferred to the Financial Advisor to the City, Spring: ted Incorporated, 85 East Seventh Place, Suite 100, Saint Paut, Minnesota 55101, telephc ne (612) 223-3000. The Off cial Statement, when iurther supplemented by an addendum or addenda speciiying the maturit� dates, principal amounts and interest rates of the Bonds, together with any other intorma ion �equired by law, shaN constitute a"Final Official StatemeM" of the City with respect to the 3onds, as that term is defined in Rule i 5c2-12. By awarding the Bonds to any undervv ite� o� underwriting syndicate submitting an Officiaf Bid Form therefor, the City agrees that, no more than seven business days afte� the date of such award, it shall p�ovide without cost to he senior managing undervvrite� oi the syndicate to which the Bonds are awarded 65 copies �t the Otficial Statement and the addendum or addenda described above. The City des�gna es the senior managing unden�vriter of the syndicate to which the Bonds are awa�ded as its a gent for purposes of distributing copies ot the Final Officiaf Statement to each Particip� ting Undervvriter. Any unden�vriter executing and delivering an 4fficial Bid Form with respect o the Bonds agrees thereby that if its bid is accepted by the Cit�t (i) it shalt accept such designa� ion and (ii� it shall enter into a contractual relationship with all Participating Undervv+ ters oi the Bonds for purposes of assuring the receipt by each such Participating Underwr ter of the Final Oificial Statement. Dated N� ivember 5, 1990 "� BY ORDER OF THE CITY COUNCIL /s/ Shirley A. Haapala Ciry Clerk sx FINANCE DEPARTMENT 7 � MEMORANDUM �' TO: WILLIAM W. BIIRNS� CITY MANAGERI�' A' FROM: RICHARD D. PRIBYL, FINANC$ DIRECTOR SIIBJECP: RECOMMENDATION FROM FINANCIAL ADVISOR ON BOND SALE DATE: November 2, 1990 Attach�d is the recommendation Springsted has provided to the City regarding the bond for the special assessment improvements. Please note they are recommending issuance of General Obligation Improvament Bonds, Series 1991B, in the amount of $1,020,000. We coicur with the recommendation and provide the attached resolu�ion that would permit the proper publication for the notice of sal� for the bonds. RDP/me Attach nents 7A Recommendations For City of Fridley, Minnesota $1,615,000 Ge neral Obligation Water Revenue Bonds, Series 1991 A $1,020,000 G eneral Obligation Improvement Bonds, Series 1991 B Study No. 3729 SPRINGSTED Incorporated November 1,1990 500 Elm �rove Road Suite 101 P.O. Box 37 Elm Grove, VI 53122-0037 (4t4)' B2-8222 Fax: (41� � 762-2904 2739 Secor i Avenue S.E. Cedar Rapid , IA 52403-1434 (319) 63-2221 Fax. (31 ) 363-6999 Novem� ar 1, 1990 Mayor V'illiam Nee Membei �, City Council Mr. Willi im W. Burns, City Manager Mr. Ricr ard D. Pribyl, Finance Director City Hal 6431 Ur iversity Avenue NE Fridley, 1AN 55432 SPRINGSTED PUBLIC FINANCE ADVISORS 85 East Seventh Place Suite 100 Saint Paul, MN 55101•2143 (612) 223-3000 Fax: (612) 2233002 512 Nicollet Mall Suite 550 Minneapolis, MN 55402-tOt7 (612) 333-9177 Fax: (612) 333-2363 Re: I iecommendations fo� the Issuance of: ;�1,615,000 Genera( Ob(igation Water Revenue Bonds, Series 1991 A ;►1,020,000 General Obligation Improvement Bonds, Series 1991 B 135 North Pennsylvania Street Suite 2015 Indianapolis, IN 46204•2498 (31� 684-6000 Fax:(31� 68a-600a 6800 College Boulevard Suite 600 Overland Park, KS 66211 (913) 345-8062 Fax: (913) 345-1770 We res >ectfuily request your consideration of our �ecommendations for the issuance oi the above-r ientioned bond issues in accordance with the Official Te�ms of Sale, attached. Each issue w 11 be discussed separately. s1,615 D00 General Obligation Water Revenue Bonds, Series 1991A The W� ter Bonds are being issued pursuant to Chapters 444 and 475, Minnesota Statutes for the pur >ose of financing various improvements to the water utility including the construction of a water storage tank. The siz : of the issue was determined as follows: Construction Costs Allowance for Undervvriter's Discount Estimated Issuance Costs Total Costs Less: Estimated Investment Earnings Water Bonds $1,593,994 24,225 19,362 $1,637,581 225$1) 1 615 000 Appen iix I is the �ecommended maturity schedule for the bonds. The Water Bonds will be dated lanuary 1, 1991 and will matu�e each February 1, 1992-2011, a period of 20 years. The issue t as been structured to provide approximately even annual debt service over the 20 years of rep� yment. Column 7 of Appendix t is the estimated debt service due, including the State- mand� ted 105% of debt service. The Ciiy is required to provide for this in establishing rates [.L �� City of =ridley, Minnesota Novem �er i , 1990 7C and ch �rges in case actual water revenues are less than expected. The average annual debt service from column 7 is approximately $159,600. The fir: t interest payment on the bonds will be due August 1, 1991, of approximately $63,810. The ne d payment on Feb�uary 1, 1992 will be approximately $89,700 including principal and interesl These payments can be made from water revenues coilected during caiendar year 1991. I"hroughout the life of the issue, each August 1 and February 1 payment will be made from w� ter revenue generated in the year prior to the February payment. Earlier i � the year, Springsted Incorporated undertook a water rate study for the City and it is our unc erstanding that a rate increase resulting from that study has been put in place which will pro �uce revenues sufficient to support this issue. Under the provisions of Minnesota Statute; 444, in the resolution awarding the bonds, the City wiN covenant with bondholders to maintai� i water utility rates high enough to collect revenues suff'icient to support the operations of the u;ility and to pay debt service. The City will be required to annually review the budget of the utili� y to determine 'rf current water utility rates and charges are high enough and to adjust them if � iecessary. s1,020, )00 General Obligation Improvement Bonds, Series 199iB Procee< s of the Improvement Bonds will fund the assessable portions of nine projects complel ad or underway within the City. A listing of these projects, their costs and terms of special issessment are found in Appendix II of these recommendations. In summary, the issue consist; of the following: Total O�iginal Assessments Capitalized Interest* Costs of Issuance . Allowance for Underwriter's Discount Total Costs Less: Prepaid and Scheduled Assessments Paid Through 10-24-90 Estimated Investment Earnings Improvement Bonds * For, �rojects 9a3 and 210 io be assessed in 1991. $1,094,378 5,863 16,960 15.300 $1,132,501 (111,110) 1 391) � �_�� Assessn ent rolls for the various projects have been or will be assessed over periods of 10, 15 or 20 ye ��s, depending on the project. The estimated assessment collections for each project are deta� ed in Appendix NI. One project, 89-1-0i is assessed at $174,083; however, $80,839 of those a: sessments is being deferred until the property develops. Therefore, we have not shown i�is amourit as assessment income in Appendix III. Until these assessments are collectec , the City will have to make a small annual levy or provide money from other sources for this s�are of debt service. Appendi: ; IV is our recommended maturity schedule for the Improvement Bonds. The bonds are date ! January 1, 1991 and will mature February 1,1992 through 2005. Atthough special assessm ants will be collected through 2011, they are small annual collections as shown in column 12 of Appendix N and we believe it is not to the City's advantage to extend the bond issue tha ; far. Page 2 Ciiy of ! 'ridiey, Minnesota Novemt �er 1, 1990 The firs interest payment will be due August 1, 1991, in the estimated amount of $37,800. A princip� I and interest payment will next be due February 1, 1992, in the estimated amount of $107,412. These payments will be made from speciai assessment collections during 1991, the interest capitalized in the issue and a smail tax levy or other City funds as shown in column 11. Throug iout the issue, the collection of first-half assessments will support the August 1 interest paymer t in the year of cotlection and second-half collection and surplus %rst-haff collections wili pay the February 1 principal and interest payment coming due the following yea�. Comm� m to Both Issues Both is �ues are general obiigations of the City for which its full faith and credit and power to levy un imited general ad valorem taxes are pledged. We rec �mmend that the bonds maturing on or after February 1, 2001 be subject to prepayment in adva �ce of their stated maturity on February 1, 2000 and on any day thereafter at par. The call fea ure will permit the Ciiy to prepay or re�inance the issue should this be warrartted in the future. We furt �er recommend that you authorize Springsted lncorporated to apply for ratings for these issues from Moody's Investors Service. Moody's has assigned an "Aa1" rating to the City's existinc debt. Moody's will assign a single rating which will include both issues. They wiil bilf the Cifi � directly for the new rating which wiU be approximately $4,000. The fee for this review has be �n allocated in the issuance costs for each of the issues. Both is �ues are subject to the 1986 Tax Reform Act and the 1989 Amendments as they relate to arbitrac e profits and rebating any of those profits to the U.S. T�easury. There are some exemp ians from the rebate requirements including a smail issuer exemption if the bonds are for a g� �vernmental purpose and the City reasonabiy expects to issue not more than $5,000,000 of tax- �xempt bonds during the calendar year. It is our understanding the City does not anticip �te issuing more than $5,000,000 of tax-exempt bonds during i 991 and the�efore can qualiiy itself as a small issuer under the Act and not have to worry about the arbitrage regulai ons for these Bonds. The issuance of over $5,000,000 in 1991 � result in the City having to report on and rebate arbitrage earnings to the government. We arE recommending both issues be oifered for sate on Monday, December 10, 1990. Bids will be received in the offices of Springsted Incorporated at 11:00 A.M. and will be presented to the Cc .,ncil that evening at 7:30 P.M. A �epresentative of Springsted Incorporated will attend the Cc .,ncil meeting to answer questions and advise you on the acceptability of bids. Bond procee ds wil� be available in mid,lanuary. Respe� :tfully submitted, �%Q'�. �-��.c � � SPRIN 3STED Incorporated mmr Page 3 7D City ot Frldl�y, Yinn�sota G.O. Mlat�r R�v�nu� 8onds, S�ri�s 1991A =1,615,000 DatNd: 1- 1-1991 wtur�: 2• t Y�ar of Y�ar of R�v�nu� Wt. Prineipal Rat�s (�) l2) (3) (4) �ee� �ee2 3s,000 s.son 1992 1993 45,000 5.95�t 1993 1894 45,000 B.OSi 189/ f895 50,000 6.15� 1995 1996 55,000 8.20�4 1958 1997 55,000 8.304 1997 1998 60,000 8.10! 1998 1899 85,000 6.�5i 1999 2000 70,000 8.SW4 2000 2001 75,000 8.60�4 2001 2002 75,000 6.70� 2002 2003 90,000 8.80% 2003 2004 90,000 8.904 2004 2005 85,000 8.95+k 2005 2008 t00,000 7.Od4 2008 2007 110,000 7.05+4 2007 2008 115,000 �.10i� 2008 2009 125,000 7.15i� 2009 2010 130,000 7.15� 2010 2011 140,000 7.15i� Vrpar�Q Oetop�r 31, 1DO0 By SPNINOSTEO IncorporatW Total Princlpal Int�r�st i Int�r�st (5) (8) 118,508 153,50A 107,325 15Z,32S 10t.84� 149,847 10/,924 /51,921 99�549 153,84� 95,438 150,1� 91,974 151,974 88,134 153,134 83,941 153,941 79,391 154,3oi 74,141 1�9,441 89,418 149,�18 es.e�s �ss,a�e 57,788 152,7Q8 51,183 151,183 44,183 154,1a3 36,408 /51,40! 2e,243 153,243 /9,305 /49,305 /0,010 150,0/0 10b+k of Total ��) �s�.�s� �so,�t� 157,129 t'S�, 520 101,541 157,9et 1SY,S73 iQ0,781 141,A3! 16Z,111 15E�913 156,6e7 �e� ,e�s te0,�04 /5l,721 151,071 �se,s�e 1a0,905 1'S6, 770 157,511 TOTALS: 1,815,000 1,125,021 3,040,021 3,192,021 Bond Y�ars: 20,539.58 Mnwl Int�r�st: 1,125,021 Avq. Yaturity: 12.72 Plus Discount: 2�,225 Avp. Mnwl Rat�: 8.938�4 N�t Int�r�st: 1,446,248 N.I.C. Nat�: 7.058+4 Int�r�st rat�s ar• �sti�at�s; chanp�s qy caus� sip�ifieant alt�rations of this sc��dul�. Th� �etual und�rwrlt�r's discount bid �ay alao vary. APPENDIX I 7E Page 4 � I City of Fridley, linnesota 6eneral Obligatior Improvement Bonds, Series 19916 Filing Orlginal Oate of Term of Miount of Project Assessments Assessments Assesaments --------- ------------ ----------- ----------- I83 - ilater, Sani ary 10/10/89 20 Years 38,127 & Storm Sew r 166 - Water, Sani.ary 10/10/89 15 Years 236,549 8 Storm Sew �r 1988 Street Improrement P�ojects: 08 10/LO/89 OC 10/10/89 BB-4 - Street Im�rovement 10/10/90 Project 89-1-01 - Street 10/10/90 Improvemen� Project 89-1-00 - Street 10/10/90 Improvemen Project 15 Years 12,200 10 Years 37,380 10 Years 90,306 10 Years 274,083 (aj 10 Years 432,624 APPENDIX 11 .T� 11/O1/90 Less: Prepayments Balance of Plus: 6 Scheduled Assessments Capitalized Paynrents to be Interest Thru 10-24-90 Financed ----------- ----------- ---------- (1,936) 36,791 (8,112) 227,831 (813) (3,738) (10,005) (85,906) 9D-3 - Street 1m rovement 10/10/91 10 �ears 43,621 3,639 Project 210 - Water S Serer 10/10/91 20 Vears 28,882 2,224 Project --------- -------- ---------- Subtotal 1,094,378 5,863 (111,110) Plus: Allowance for Discount Bidding � Estimnted Costs of Issuance Less: Investment Eernings Total Bond Issue (a) Includes s10,839 of assessments which have been deferred. 11,387 33,642 80,301 174,083 346,718 47,266 31,106 989,131 15,300 16,960 (1.391) 1,020,000 :ass�sxsc: Page 5 � � M � Lp � � ` � O C �r d Z W :_a N S n m • d m � N H 2 � N q � I O W H i.> W a € m � M • N L • M w m M C O N > O O 1A L O G C E C r+ .ti i C O � .� a. a • � 7 � .y .� L � � o` !. • � � i.i O APPENDIX 111 ,7 G g M: $m��Ng�3�� O , � � � � �� r � � � � y ` N C �� M If! Uf fr O l9 m f � 1� N Uf O O � �� O O� m A� m y� ��!7 Iff A • N � i •• ` � ^ • � ►r • C � M M � � ` �a . 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Page 8 71 a C .~r � O L � N �+ O� a a� • L � M ` N ' a 0 0 a � � . r N � � g rl O L � N ar Ol rl Of 0 0 C � .y N N � • O 7 �+ .-�i O � a C � vq � � � • M Oi a o� o .- L � M !O �^ a .o « .� O 1/ H � O ; 3 � . . � ,' � 0 ; � i •• 0 W H 7 � � i ►y i � � i t m �U 2 M r z � � m W b � t O W H f.i W a g � M • .y L � � a g 0 m � • � � I O 1 La 1 ■ 1 ►� 7 C O , .� M �1 A e .°� .y t � 4 � � L '�a � < H 0 � « � lA7 O � m ��ff N O IN► f�� r N�!7 � O� ti m m O F . � r� t�J N�° � S s A� l� � m m m h N � �ff � � � � O � A O�� f �� N� N m� u�Y m� a � !0 � �y � O A O r O O f0 � m• O� N � A � � N A/7 1� O A O♦� m f N � � � N p 1� A� b�f f f � N N � � C � � . a: o:��@�� N .. - - -p p �_ m � 1�f1 �� 1�+ A A A ti O O O N N�♦ f ♦♦ �f'/ � .� � L � d ' M ` Y ; V ' � L • � � .� Y � � ��888��8�000 � � � � � � � � � N N N N N N N N N N N ��s"ss�s�ss�� . � � � � � N N N N N N N N N N N N � O � Page 9 7J � � A � pL � L O L V • C �: o > � i �� . ., L C � d g� 6 � m � � w r N a g 0 m C* ! r > � G C �-fi � O � � O � +�1 .r .� 1� O $ � L N �. • o � O w 1� �• N • 1 7 � v � i �i � .,y � : � v � � � 3'� c o -- � � � +� � i v ni L � � C � � ■ O � � C v O � ~ d � O � � � � � � O O O O O O O O O O O O O O�' A� A�� Uf �ff � N O �► � � � N l7 M � O O O O 0 O O O O O O O O O N$� N� N� � � o � � o ao o ao a� �ei a � � �� r N� m�{p N m N�� O O O O O O O 1. .� m � O m A�� m Uf � 1� W � � � W � O� N O A�� N� l7 �� W� O� �� l7 N N� �� O n�� O m�f �!f � � � � � � � � � � � � �� pJ m A f A ��ff �� 1. � O� O O O O O O O !9 O N A N f0 1� 1� N W f b f f�!7 N N� O� r� 1 r r r r r r r r r T =:3° ��!€l:��AOOOOOOo J Q v � f!9 � l7 ^� Ol �^^ f f ♦ � � � � a .y � � A � N • v M �1 i. rl • � C (,� M � s i °D F � � .� C � `. � � � � C H =� : C � a= C L d O � � • ! �:� w � t l7 O O O O O O O O O O O O O O O O O O O O m N N�� y� ��'�� tf A O O O O O O O io u� o� f f� l9 !7 N�� O� f � f � � � � � � � � � � N m m�y� p��-� QCp�� A O O O O O O O N� l0 f N Iff � A O �ff ��O f�� N N � � A Uf N �� ei w a� ao ao ao ao ao m m m ao m m m m m m�o ro a� � � � � � � � � � � � � � 8 0 0 0 0 0 0 0 A O� O O 0 O�� Ol !7 f ��888��8��'R O O �.. � � �� N N N N N N N N N!Y N ��i��s��N � � � � � � � � � � N APPENDIX IV N N N O b • • ♦ f N � � � m � ep oO a Of �1 N � h r � f 'r � A � � a' .. .. LC r+ co s � a � C f�.l L � ►r e0 O .� �+ .� O C a ►+ c� .+ <d= O O N O � � � 7K g a�o �i � N � � � f0 f0 m O 4 !� C . .~i .+ O L J 7 l0 w « c ¢ > i i � 0 O wa m < < z Page 10 • rl 7 � O t V a M .w L O N C O N W L • � w M C A u F a O ` a m > � a A � V W � � b 9 o .r c ° �� o N N m � .!p. v E N N N m O � O � L a N � N 7 L� W a � �: O V • � r OFFICIAL TERMS OF OFFERING =1,815,000 CITY OF FRIDLEY, MINNESOTA GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1991 A 7L Sealed b ds for the Bonds will be received by the City Manager or his designee on Monday, Decemb� r 10, 1990, until 11:00 A.M., Central Time, at the oiflces of SPRINGSTED Incorporated, 85 East : ieventh Place, Suite 100, Saint Paul, Minnesota, aiter which time they will be opened and tabu ated. Consideration for award oi the Bonds will be by the City Councii at 7:30 P.M., Central 1 ime, of the same day. DETAILS OF THE BONDS The Bon is will be dated January 1, 1991, as the date ot original issue, and will bear interest payable m February 1 and August 1 of each year, commencing August 1, 1991. Interest will be comE uted on the basis of a 36aday year of twelve 30-day months and will be rounded pursuan! to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in int 3g�al multiples thereof, as requested by the purchaser, and tully registered as to principal and inte�est. Principal will be payable at the main corporate offlce of the registrar and interest �►n each Bond wiil be payabte by checic or draft of the registrar mailed to the registered holder tl �e�eof at the holder's address as it appears on the books ot the registrar as of the dose ot �usiness on the 15th day of the immediately preceding month. The Bon �s will mature February 1 in the years and amounts as foilows: 1992 1993 1994 1995 �sss 1997 1998 •�� ,�� •• � .�� .. �•. ��. .� •. �� .� .� �•• • .�� ••� •.• :..�. •• ��• _ .•� OPTIONAL REDEMPTION 2006 $100,000 2007 $110,000 2008 $115,000 2009 $125,000 20� o a� 30,000 2011 $140,000 The Cit� may elect on February 1, 2000, and on any day ihereaite�, to prepay Bonds due on or atter Fe xuary 1, 2001. Redemption may be in whole or in part and it in part, at the option of the City and in such order as the City shaii dete�mine and within a maturity by lot as selected by the r�gisVar. All prepayments shall be at a price of par and accrued interest. SECUR(TY AND PURPOSE The 8a ►ds will be genersl obligations of the City for which the City wili pledge its fuil faith and cxedit a �d power to levy di�ect general ad valorem ta�ces. in addition the City will pledge net tevenut s of the City's water uality. The proc�eds wil! be used to finance various improvements to the v ater uutility induding the consVuction of a water storage tank. TYPE OF BID Bids sh �II be fo� not less than St ,590,775 and accrued interest on the totai principai amount of the Bo �ds, and shall be accompanied by a certified or cashier's check in the amount of $16,15� i, payable to the order of the City. No bid will be considered for which said check has Page 11 7M not beei i received. The City will deposit the check of the purohaser, the amount of which will be ded� cted at setdement and no interest will accrue to the purchase�. In the event the pu�chas �r fails to comply with the accepted bid, said amount will be retained by the City. No bid can be withdrawn aiter the time set for receiving bids unless the meeting of the City schedul ad for award of the Bonds is adjourned, recessed, or continued to anothe� date without award c f the Bonds havi�g been made. Rates shall be in integrai muitiples of 5/100 or 1/8 of 1%. Ra �es must be in ascending order. Bonds of the same maturity shall bea� a single rate from thE date of the Bonds to the date of maturity. No conditional bid will be accepted. II"J_�� The Bc �ds will be awarded to the bidder offering the lowest dollar interest cost to be determi �ed by the deduction of the premium, if any, irom, or the add�ion of any amount less than pF r, to the total dollar interest on the Bonds hom their date to their final scheduled maturity , The City's computation of the total net dollar interest cost of each bid, in accordance with cu ;tomary practice, will be controlling. The City will resenre the right to: (i) waive non- substar tive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have fa led to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the E onds qualify for issuance of any policy of municipal bond insurance or commitment therefo at the option of the bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such pu�chase of insurar �e shall be paid by the purchaser, except that, if the City has requested and received a rating c�n the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purcha �er shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Boi ids. REGISTRAR The C� y will name the registrar which shall be subject to applicable SEC regulations. The City will pa� for the senrices of the registrar. CUSIP NUMBERS If the I 3onds qualiiy for assignment of CUSIP numbers such numbe�s wiil be printed on the Bonds but neithe� the failure to print such numbers on any Bond nor any error with respect theretc will c�ns�tute cause fw failure or refusal by the purchaser to accept delivery of the Bonds The CUSIP Service Buresu charge for the assignment of CUSIP identification numbers shall b� paid by the purchaser. SETTLEMENT Within 40 days following the date of their awa�d, the Bonds will be delivered without cost to the purch, �ser at a place mutualy satisfactory to the City and the purchaser. Delivery will be subjec t to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Profe� sional Association, of Saint Pau! and Minneapolis, Minnesota, which opinion will be printe� I on the Bonds, and of customary closing papers, including a no-litigation cert�cate. On the d� te of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the otfices of the City or its designee not later than 12:00 Noon, Page 12 Central Time. Except as compliance with the te�ms of payment for the Bonds shall have been made ii npossible by action of the City, or its agents, the pu�chaser shall be liable to the City for any los 3 suffered by the City by reason of the purchaser's non-compliance with said terms for paymei �t. OFFICIAL STATEMENT The C ty has authorized the preparation of an Official Statement containing pertinent iMormF tion relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statem �rtt within the meaning of Rule 15c2-12 of the Secu�ities and Exchange Commission. For co� �ies of the Oificial Statement and the Official Bid Form or for any additional information prior tc � sale, any prospective purchaser is referred to the Financial Advisor to the City, Spring: ted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephc ne (612) 223-3000. The Of1 �cial Statement, when further supplemented by an addendum or addenda speciiying the maturit � dates, principal amour�ts and interest rates of the Bonds, together with any other informF tion required by law, shall constitute a"Final OfFcial StatemenY' of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underv� riter or underwr+t+ng syndicate submitting an Otficial Bid Form therefor, the City agrees that, nc � more than seven business days after the date of such award, it shall provide without cost to the senior managing undervvriter of the syndicate to which the Bonds are awarded 65 copies of the Oificial Statement and the addendum or addenda described above. The City design �tes the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for pu�poses of distributing copies of the Final Oifiaal Statement to each ParticiF ating Undervvriter. Any underwriter executing and delivering an Official Bid Form with respec to the Bonds agrees thereby that 'rf its bid is accepted by the City (i) it shall accept such design ition and (ii) it shall enter into a contractual �elationship with all Participating Underv �rite�s of the Bonds for purposes of assuring the receipt by each such Participating Undery �riter of the Final Officia! Statement. Dated Jovember 5, 1990 BY ORDER OF THE CITY COUNCIL /s/ Shirley A. Haapala City Clerk Page 13 7N OFFICIAL TERMS OF OFFERING s1,020,000 CITY OF FRIDLEY, MINNESOTA GENERAL OBLJGATION IMPROVEMENT BONDS, SERIES 1991 B 70 Sealed I �ids for the Bonds wili be received by the City Manager or his designee on Monday, Decemk er 10, 1990, until 11:00 A.M., Central Time, at the otfices of SPRINGSTED Incorpoi ated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be c�ened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:30 I'.M., Central Time, of the same day. DETAILS OF THE BONDS The Boi �ds will be dated January 1, 1991, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1991. Interest will be com �uted on the basis of a 360-day year of twelve 30-day months and will be rounded pursuar t to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in ir �egral multiples thereof, as requested by the purchaser, and fully registered as to princip� I and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registe�ed holder � hereof at the holder's address as it appears on the books of the registrar as of the close ot business on the 15th day of the immediately preceding month. The Boi �ds will mature February 1 in the years and amounts as follows: �.� •.� •. ••• .. �� 1� �� ... .:� �� ... •.•• �� .. �� .•� �� .�� • •• �� • OPTIONAL REDEMPTION The Cit r may elect on February 1, 2000, and on any day thereafter, to prepay Bonds due on or after FE bruary 1, 2001. Redemption may be in whole or in part and if in part, at the option of the Cit� and in such o�der as the City shall determine and within a maturity by lot as selected by the � egistra�. All prepayments shall be at a price of par and accrued interest. SECURfiY AND PURPOSE The Bc nds will be general obligations of the City for which the City will pledge its full faith and credit ;�nd power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefitted property. The p�oceeds will be used to finance various improv ament projects completed or under construction within the City. TYPE OF BID Bids sl all be for not less than $1,004,700 and accrued interest on the total principal amount of the Bc nds, and shall be accompanied by a certified or cashier's check in the amount of $10,20 ), payable to the order of the City. No bid will be considered for which said check has not be ;n received. The City will deposit the check of the purchaser, the amount of which will be de� lucted at setttement and no inte�est will acc�ue to the purchaser. In the event the Page 14 a� purcha; er fails to comply with the accepted bid, said amount wili be retained by the City. No bid can be withdrawn siter the time set for receiving bids unless the meeting of the City schedul ad for award of the Bonds is adjourned, recessed, or continued to another date without award c f the Bonds having been made. Rates shall be in integral mu�ip(es of 5/100 or 1/8 of 196. R� tes must be in ascending order. Bonds of the same maturity shall bea� a single rate from th� date of the Bonds to the date of maturity. No conditional bid will be accepted. AWARD The Bc nds wili be awarded to the bidder offering the lowest dollar interest cost to be determi ied by the deduction of the premium, if any, from, o� the addition of any amount less than p� �, to the total dollar interest on the Bonds from their date to their final scheduled maturit� . The City's computation of the total net dollar interest cost of each bid, in accordance with cu >tomary practice, will be controliing. The City will reserve the right to: (i) waive non- substa� tive informalities of any bid or of matters retating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have fa led to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the E onds qualiiy for issuance of any policy of municipal bond insurance or commitment therefo at the option of the bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurar �e shall be paid by the purchaser, except that, 'rf the City has requested and received a rating c �n the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purcha >er shail not constitute cause for failure or refusal by the purchaser to accept delivery on the Bo� ids. REGISTRAR The Ci� y will name the registra� which shall be subject to applicable SEC regulations. The City will pa� for the services of the registrar. CUSIP NUMBERS If the I{onds quality for assignment of CUSIP numbers such numbers will be printed on the Bonds but neither the failure to priM such numbers on any Bond nor any error with respect theretc will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds The CUSIP Service Bureau charge for the assignment of CUSIP identifrcation numbers shall b a paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purch� ser at a place mutually satisfactory to the City and the purchaser. Delivery wi(I be subjec ; to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Profes >ional Association, of Saint Paul and Minneapolis, Minnesota, which opinion will be printec on the Bonds, and of customary closing papers, including a no-litigation certificate. On the d� �e of settlement paymeM for the Bonds shall be made in federal, or equivalent, funds which shall be received at the otfices of the Ciiy or its designee not later than 12:00 Noon, Centr� I Time. Except as compliance with the terms of payment fo� the Bonds shall have been made mpossible by action of the City, or its agents, the purchaser shall be liable to the City for Page 15 any loss suffered by the City by reason oi the purchaser's non-compliance with said terms for paymen� . OFFICIAL STATEMENT The Cit � has authorized the preparation of an Offlcial Statement containing pertinent info►mat on relative to the Bonds, and said Oificial Statement will serve as a nearly-final Officiai Stateme it within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For cop es of the Official Statement and the Official Bid Form or for any additional information prior to sale, any prospective purchase� is referred to the Financial Adviso� to the City, Springs� ed incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephoi �e (612) 223-3000. The Offi ;ial Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other informat ion required by law, shall constitute a"Final Official Statement" oi the City with �especi to the 3onds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwi iter or underwriting syndicate submitting an Of�icial Bid Form therefor, the City agrees that, no more than seven business days atte� the date of such award, it shall provide without cost to ;he senior managing undennr�iter of the syndicate to which the Bonds are awarded 40 copies �f the Officiai Statement and the addendum or addenda described above. The City design� tes the senior managing underwriter of the syndicate to which the Bonds are awarded as its igent for purposes of dist�ibuting copies of the Finai Official Statement to each Aarticip �ting Underwriter. Any underwriter executing and delivering an Official Bid Form with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it shall accept such design� tion and (ii) it shall enter into a contractual relationship with a!I Participating Unden� riiers of the Bonds tor purposes of assuring the receipt by each such Participating Underv� riter of the Final Official Statement. Dated � lovember 5, 1990 BY ORDER OF THE CtTY COUNCIL /s/ Shirley A. Haapala City Clerk Page 16 [l� � EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA Pursuant to due call and notice thereof, a regular or ial meetinq of the City Council of the City of Fridley, esota, was duly called and held at the Fridley City Hall on the 3ay of November, 19g0, commencing at P.M., C.T. The following Councilmembers were present: the following were absent: 7R Councilmember introduced the fol:.owing resolution, the written presentation and readinq of which wer�: waived by unanimous consent of the Council, and moved its ado� �tion: RESOLUTION NO. RESOLUTION PROVIDING FOR PUBLZC SALE OF $1,020,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991B BE IT RESOLVED by the City Council of the City of Friiley, Minnesota, as follows: 1. It is hereby deteriained: (a) That the City has duly ordered the making of , and has undertaken or will undertake, the assessable public improvements listed in the attached Exhibit C(the "Improve- ments") within the City, pursuant to and in fu11 conformity with the Home Rule Charter of the City and/or Minnesota Statutes, Chapter 429. (b) That it is necessary and expedient to the sound financial management of the affairs of the City that the City issue its bonds pursuant to Minnesota Statutes, Chapters 429 and 475, to provide f inancinq for the Improvements. 2. It is hereby found, determined and declared that the City sh�uld issue $1,020,000 General Obligation Improvement Bonds, Se�ies 1991B (the "Bonds"), to finance the costs of the Im�rovements, and $15,300 of such amount shall represent additional. 9ta t 7S bonds issued pursuant to Minnesota Statutes, Section 475.56, as additional interest required to market the Bonds at this time. 3. This Council shall meet at the time and place specified in the a ttached notice of the sale of the Bonds for the purpose of consi3ering the bids for the purchase, and awarding the sale, of the E�nds. 4. The City Clerk is hereby authorized and directed to cause the n�tice of the sale of the Bonds to be published in the official news�aper of the City and in Northwestern Financial Review not less than ten days in advance of date of sale, as provided by law, which notice shall be in substantially the form set forth in Exhibit A attac hed hereto . 5. The terms and conditions of the Bonds and the sale thereof are �ully set forth in the "Official Terms of Offering" attached hereto as Exhibit B. Adopted this 5th day of November, 1990, by the Fridley City Counc il. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon a vote being take�� thereon, the following voted in favor thereof: and 1.he following voted against the same: Whereupon said resolution was declared duly passed and adop� :ed . 9282 7T EXHIBIT A NOTICE OF BOND SALE $1,020,000 CITY OF FRIDLEY ANOKA COUNTY MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991B Seale.d bids for these Bonds will be received by the City Finance Dire<:tor or his designee at the offices of SPRINGSTED INCORPORATED, 85 E� st Seventh Place, Suite 100, Saint Paul, Minnesota 55101-2143, on M�>nday, December 10, 1991, at 11:00 A.M., Central Time, aiter whicl� time they will be opened and tabulated. Consideration for awar�l of the Bonds by the City Council will occur at a meetinq of the �:ouncil beginning at 7:30 P.M., Central Time, on the same day. The 3onds will have a date of original issue of January 1, 1991, and interest will be payable August 1, 1991, and semiannually ther:after. The Bonds will be general obligations of the City for whici its unlimited taxing powers will be pledged. The Bonds will matu:e on February 1 in the amounts and years as follows: Years 2992 1993 1994 1995 1996 1997 1998 Amounts $75,000 85,000 80,000 85,000 85,000 85,000 85,000 Years 1999 2000 2001 2002 2003 2004 2005 Amounts $90,000 90,000 85,000 65,000 35,000 35,000 40,000 All Bonds maturing after February 1, 2000, are subject to prior payi.ent on said date and on any date thereafter at a price of par and accrued interest. Sealed bids for not less than $1,004,700 and acc��ued interest on the principal sum of $1,020,000 will be acc�:pted. An approving legaZ opinion will be furr►ished by Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Min�iesota. The proceeds will be used to finance the costs of ass�:ssable public improvements within the City. Bid�lers should be aware that the Official Terms of Offering to be pub.ished in the Official Statement for the Offerinq may 9282 7u conta.n additional bidding terms and information relative to the Bonds� In the event of a variance between statements in this Notic: of Bond Sale and said Official Terms of Offering the provi�ions of the latter shall be those to be complied with. Dated; November 5, 1990. BY ORDER OF THE CITY COUNCIL js/ Richard D Pribvl City Finance Director Furtier information may be obtained from the Issuer's Finarcial Advisor, SPRIrGSTED INCORPORATED 85 E�st Seventh Place suitE . loo St. l�aul, Minnesota 55101 (612; 223-3000 9282 EXHIBIT 8 OFFICIAL TERMS OF OFFERING =1,020,000 CtTY OF FRIDLEY, MINNESOTA GENERAL OBUGATION IMPROVEMENT 80NDS, SERIES 1991 B Sealed b ds for the Bonds will be received by the City Manager or his designee on Monday, DecembE r i 0, 1990, unti! 11:00 A.M., Central Time, at the otfices of SPRINGSTED IncorporF ted, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, atter which time they will be o� ened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:30 P M., Central Time, of the same day. DETAILS OF THE BONDS The Bon is will be dated January 1, 1991, as the date oi origi�al issue, and will bear interest payable �n February 1 and August 1 of each year, commencing August 1, 1991. Interest witl be comE uted on the basis of a 360-day year of twetve 30-day months and will be rounded pursuan� to rules of the MSRB. The Bonds wil! be issued in the denomination of $5,000 each, or in ini :gral muttiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest � �n each Bond wiil be payable by check or draft of the registrar mailed to the registered holder t! iereof at the holder's address as it appears on the books ot the �egistra� as of the close of �usiness on the 15th day of the immediately preceding month. The Bar ds will mature February 1 in the years and amounts as follows: ..• .�. .. �� :� �� •� �� • .•� •�� •• •�� • •�� OPTIONAL REDEMPTION .. ... �� .•• ��• ��• �� • � �� The Cifi may elect o� February 1, 2000, and on any day thereafter, io prepay Bonds due on or after Fe �ruary 1, 2001. Redemption may be in whole or in part and 'rf in part, at the option of the City and in such order as the C'ity shall determine and within a maturity by lot as setected by the r sgistrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bo ids will be generat obligations of ihe City for which the City will plsdge its full faith and c�edit �.nd power to levy direct general ad valorem taxes. In addition the City will pledge speciai assessments against benefitted property. The proceeds will be used to finance various improv� �ment projects completed or under canstructian within the C+ty. TYPE OF BID Bids st alt be for not less than $1,004,700 and accrued interest on the total principal amount of the Bc nds, and shall be accompanied by a certfied or cashier's check in the amount of $10,20 ), payable to the order of the Cit�r. No bid will be considered tor which said check has not be �n received. The City wiil deposit the check of the purchaser, the amount of which will be de� lucted at settlement and no interest will accrue to the purchaser. In the event the � 7 Y 7W purchaser fails to comply with the accepted bid, said amount will be retained by the City. No bid can t e withdrawn after the time set for receiving bids unless the meeting of the City schedulec for award of the Bonds is adjoumed, recessed, or continued to another date without award of he Bonds having been made. Rates shatl be in integral muttiples of 5/t 00 or t/8 oi 196. Rate s must be in ascending order. Bonds of the same maturity shall bear a single rate from the c ate of the Bonds to the date of maturity. No conditional bid will be accepted. AWARD The Bon !s will be awarded to the bidder offering the lowest dollar interest cost to be determinE d by the deduclion of the premium, 'rf any, f�om, or the addition of any amount less than par, to the total doNar interest on the Bonds from their date to their final scheduled matu�ity. The City's computation of the total net doAar interest cost of each bid, in accordance with cust >mary pracGce, will be controlling. The City will �eserve the right to: (i) waive non- substanti ie informalities of eny bid or ot matters relating to the receipt of bids and award of the Bonds, (i ) reject ail bids without cause, and, (iii) reject any bid which the City determines to have faile d to comply with the te�ms he�ein. BOND INSURANCE AT PURCHASER'S OPTION If the Bc nds qualiiy fo� issuance of any policy of municipal bond insurance o� commitment therefor it the option of the bidder, the purchase of any such insurance policy or the issuance of any :.,ch commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insuranc a shall be paid by the pu�chaser, except that, 'rf the City has requested and received a rating or the Bonds hom a rating agency, the City will pay that rating fee. Any other rating agency 1 aes shall be the responsibility of the purchaser. Failure c f the municipal bond insurer to issue the policy after Bonds have been awarded to the purchas sr shall not constitute cause for failure or ►efusal by the purchaser to accept delivery on the Bon� ts. REGISTRAR The Cit� will name the regist�ar which shall be subject to applicable SEC regulations. The City will pay for the services of the registra�. CUSIP NUMBERS If the 8�nds qualiiy for assignment of CUSIP numbe�s such numbers will be printed on the Bonds, but neither the failure to p�int such numbers on any Bond nor any error with �espect thereto witl constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSlP Service Bureau charge tor the assignment of CUSIP identification numbers shal! bE paid by the purchaser. SETTLEMENT Within t0 days iotlowing the date of thei� award, the Bonds will be delivered without cost to the pu�cha �e� at a ptace mutuatly satisfactory to the City and the purchaser. Delivery will be subjec� to receipt by the purchase� of an approving legal opinion oi Briggs and Mo�gan, Profes: ional Association, of Saint Paul and Minneapolis, Minnesota, which opinion will be printed on the Bonds� and of customary closing papers, inctuding a no-li�gation certificate. On the da e of settlement paymer�t for the Bonds shall be made in federal� or equivalent, funds which �hall be received at the oifices of the City or its designee not later than 12:00 Noon, Centra Time. Except as complianc:e with the terms of payment for the Bonds shall have been made mpossible by action of the City, or its agents, the purchaser shall be tiable to the City fo� � any ioss s� ffered by the City by reason of the purchaser's non-compiiance with said terms fo� payment. OFFICIAL STATEMENT The City has authorized the prepa�ation ot an Officiai Statement co�taining pertinent informatior relatfve to the Bonds, and said Otficial Statement will serve as a nearty-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement and the Official Bid Form o� for any additional information p�ior to s ile, any prospect+ve purchaser is referred to the Financial Advisor to the City, Springstec Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 551 Ot , telephone ;612) 223-3000. The Offici� I Statement, when further supplemented by an addendum or addende specitying the maturity d�tes, principal amounts and interest rates of the Bonds, together with any other informatio� i required by law, shail constitute a"Finai Official Statemenr of the City with respect to the Bc nds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwritE r or underwriting syndicate submitting an Offlcial Bid Form therefor, the City agrees that, no rr ore than seven business days after the date of such award, it shall p�ovide without cost to th� � senior managing underwriter of the syndicate to which the Bonds are awarded 40 copies of the Officiat Statement and the addendum or addenda descxibed above. The City designate � the senior managing underwriter of the syndicate to which the Bonds are awarded as its ag ant fo� purposes of distributing copies ot the Final Official Statement to each Participati �g Undervvriter. My underwriter executing and delivering an Official Bid Form with respect tc the Bonds agrees thereby that if its bid is accepted by the City (i) it shait accept such designatic n and (ii) it shall enter into a contractual relationship with all Pa�ticipating Underwrit ►rs of the Bonds for purposes of assuring the receipt by each such Participating Undervvrit ar of the Final Official Statement. Dated No ►embe� 5, 1990 � BY ORDER OF THE CITY COUNCIL /s/ Shirley A. Haapala City Clerk 7X ° c D u � � i • � O C � fM ~ .�Ci � � N .r � ti � s a � m � M D M� � m N R C •�i C � � � A � • � • O J !� � !� N v � � e a o a �s • n � � � d s � � L r • �. � � A N Exhibit C W A 1� O A A a� � : 8 � � �� :� � W O A 1ff f 11 � O i v � N � (q O • O . � � "' � o a� � g � � A � v � O � � � v 0 O y �!O O m� � �p N O W �� 7 • m O ~ V N ^ • ��+ • l7 � � m po C � ' O tl 4 � , � � � d • ' C M � v h+ . � • •9 �+ � A � A « � N � A N � � �.r L W M ; h' p . .+ • • ✓ C � � .w w � A w V ' F� v,i • � � 1� w� A Os 8 O g(� (•y A(y N � O 0 1 O C. A Ifl N� � O O O ~ � ' � r p (y �� e �� 7 p��j � � l^�1 OI � � f N � + 1 � � p � � w < � i w • F M� M M • M M M M • M � ° c : i i i i w i i i i L « E o . e • • • • • • • • �E,> > r> r r r> s �o ~�. N � �� i � � � N M ' � M � ' � d C 9 C • , 1 f M . � � O � " � � � ; I° � ; m m o o $ � g a a� � o . i � E� O O O O O O O O O � L � � � � � � .�. � a l � p: ; � � ' O O � � � � L� M � w • a • « a < � �• C i i j � i� !. !. i � o O • G M L q L a�. � O d G O b • M• y� � � C W � w ..: �: 2: � g «.� ..� g � �« . o .. .. .. .. a .oe � F.� i : a� � a�i °� � ii �+ • ■ • ■ �+ �1 v • w o E E .r �+ m� �+ t� r� • �• �+ a .� r• C M i w • o •� -L C/0 I• �/i Mi �• � +�• ~9 O� 6 L o L O M• • O! O O O • L• � Q a��/ a M Ol • O �+ L ��a ��a M L M O C .w .�-� O C O O » r0 �0 L L �N d « � i i0 6 �� <` rr m M� �a ;r ei� • o � , . .. � • � m � .. � � � a • w O "' ^ � m � m m O � N �.r • O .�...D.. � d J � 7Y 0 CITY OF FRIDLEY PLANNING COMMISSION MEETING� OCTOBER 24, 1990 ww w.w.w.. .w w. wrw.►�. w w. ww ^. wwwwwww.wr�.w,rww.wrwwwrwrw.ww.wwwwwrwwww w.wwrwwwww.ww.wti�.wnw w w. wr CALL ' 'O ORDER • Chair>erson Betzold called the October 24, 1990, Planning Commi�sion meeting to order at 7:35 p.m. ROLL 'ALL• Membe^s Present: Don Betzold, Dave Kondrick, Dean Saba, Sue Sherek, Paul Dahlberg, Connie Modig Members Absent: Diane Savage Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Frank Kraemer, 1290 - 73rd Avenue N.E> Christine Hansen, 230 Rice Creek Boulevard Tay Kersey, 8450 Eastwood Road, Mpls. 55112 Roger Stene, 870 Pandora Drive N.E. Robert Lange, 189 Logan Parkway N.E. Doug Erickson, Fridley Focus APPRCVAL OF OCTOBER 10 1990 PLANNING COMMISSION MINUTES: MOTIC IJ by Ms . Sherek, seconded by Ms . Modig, to approve the October 10, ]990, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYL, CHAIRPERSON BETZOLD DECLARED THE rOTION CARRIED IINANIMOIISLY. 1. TABLED• CONSIDERATION OF A SPECIAL USE PERMIT SP #90-08. BY JOHN BABINSKI• Per Section 205.17.01.C.(11) of the Fridley City Code, to allow exterior storage of materials on Lots 1 through 20, Central Avenue Addition, generally located at 1290 - 73rd Avenue N.E. MOTIc�N by Mr. Kondrick, seconded by Mr. Saba, to remove the item from the table and reopen the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE l[OTION CARRIED AND THB PIIBLIC HEARING REOPENED AT 7:37 P.M. Ms. l[cPherson stated this item was first presented to the Planning Comm.ssion on June 20, 1990. At that time, the petitioner was requ:sting a special use permit to allow exterior storage of 8A PLANN]NG COMMISSION MEETING, OCTOBER 24. 1990 PAGE 2 mater:als at the above location. The site is zoned M-1, Light Indusi.rial, as are the parcels to the south and west. There is M- 1 and C-2, Local Business, zoning to the north, and R-3, General Multi��le Dwelling, zoning and M-2, Heavy Industrial, zoning to the east. Onan occupies the building south of the petitioner's build:.ng and the two share a common drive of Central Avenue. Ms. M�:Pherson stated there is an existing storage area surrounded by a chain link fence with vinyl slats on the east side of the prope:�ty which is used to store a variety of materials including an MT�' bus and other types of building materials, lumber, plumbing equip; �ent, etc. Ms. M:Pherson stated the petitioner has proposed to construct a screeiing fence alonq the east property line along the right-of- way t� provide screening and to meet the Code requirement. Ms. M�:Pherson stated that on June 20, 1990, the Planning Commission tablei the request to allow the petitioner time to explore a poten:ial warehouse expansion which would allow the petitioner to locata as many materials as possible inside the building instead of outside the building. The petitioner has i�formed staff that a war� :house expansion is not possible because of the cost involved. In diacussions with staff, the petitioner indicated he could clean the eKisting storage area in order to allow all the equipment to be mo�ed inside the existing storage area and that the equipment that could not fit within the storage area could be moved to anothar site. The petitioner indicated this could be completed by Novem�er 15, 1990. Ms. r:cPherson stated that in addition to those items that are currently stored in the rear yard, there are still several items that are being stored in the front yard. There are tractor trailers and a mobile home (RV-type vehicle) still being stored in the front yard. The petitioner has requested that he be allowed the tractor trailers to be allowed to be stored in the front yard, due t,o the vandalism problem. However, staff cannot recommend apprcval of this request. Ms. ZcPherson stated staff is recommending that the Planning Commission recommend to the City Council approval of this special use �ermit as the special use permit is consistent with the use as outlined by the M-1 zoning requirements, and the proposed fence will 311ow the petitioner to meet the screening requirements of the Zonir g Code. Staff does recommend the following four stipulations: 1. The existing storage area shall be cleaned of materials not directly related to the retail lumber and contracting business and shall be used to store only heavy equipment directly related to the retail lumber and contracting business. Clean-up shall be completed by November 15, 1990. : : pLANNING COMMISSION ME$TING. OC'1'QBBR 2�. 1990 PAGB 3 2. Flat bed trailers shall be allowed to be stored outside the storage area in the rear yard at the loading docks. 3. The existing storage fence shall be reslatted. 4. The petitioner shall install an 8 foot high wood fence and 3 boulevard trees along the east property line. The fence design shall be approved by staff prior to installation. The boulevard trees shall be a minimwan of 2 1/2" caliper. Mr. Bstzold asked how the clean-up is proceeding. Mr. Frank Kraemer, representing Mr. Babinski, stated the contricting business is slowing down now for the season, and they will soon be able to have their employees work on the clean-up. He beLieved they will be able to make the November 15 deadline. Mr. Xraemer stated that stipulation #1 stated that the existing stora�e area would be "used to store only beavy •quipment...." He state i he would like to have the stipulation state that the storage area �rould be "used to store only heavy equipment and materials..." Mr. K: �aemer stated they are buildinq a storage facility in northern Minne >ota. All the equipment will be moved to that location by Novem �er 15 . Ms. M�dig stated that on May 12, 1980, Mr. Babinski was cited for illeg►1 outside storage of materials and equipment. No response was e�er made to that, so what assurance does the City have that the s.te will be cleaned up by November 15, 1990? Mr. Kraemer stated the clean-up process has already started. A lot o° the lumber will soon be moved to the job site. They have clear�:d out and rearranged half the warehouse. They have removed one o` the buses and one mobile home. Mr. K�aemer stated they had soil tests taken and because of the envir�>nmental problems caused by other businesses in the area, it is aJmost impossible to obtain a mortgage so any warehouse expan::ion is just not financially feasible. Ms. S�,erek stated that at the June 20 Planning Commission meeting, Mr. K�aemer had stated that the tractor trailers were parked in front because of the severe vandalism problem they have in this area. This special use permit is stating that these vehicles must be pa: �ked in the rear . 8C pLANN7N6 COMMISSION MEBTINQ. OCTOB$R 24. 1990 PAGB 4 Mr. Kzaemer stated that in the last two weeks, they have had about $S,OOt in damage to their vehicles, even while they were parked in front Ms. Szerek stated that parking these vehicles in front of the build:.ng is not an allowable situation. If this special use permit is ap��roved, will the petitioner continue to be in violation? Mr. K:�aemer stated that they have a lot of money invested in these truck;�. The vandalism is astronomical. They need to park two vehic.es in front, a dump truck and a semi-tractor trailer. The other vehicles will be moved to the rear. Mr. S3ba asked what measures the petitioner is taking to reduce the v�ndalism. Mr. K-aemer stated they have improved the liqhting in front and in back �f the building. Mr. Batzold stated that if the petitioner continues to park these two vehicles in front of the building, will they be in violation of th: Code? Ms. D�cy stated, yes. The Code reads that if there are any trucks or ve hicles related to the business, they must be stored in the rear yard. That was the basis for staff's recommendation. When they 3iscussed this a few Saeeks ago with Mr. Kraemer, staff advised him that if he wanted the stipulation to read otherwise, it was up to tre Planning Commission and City Council to do that. Ms. ��herek stated that if the Planning Commission and Council apprcve the parking of the two vehicles in front, what assurance does the City have that the two vehicles will not turn into 3 vehicles, then 4, etc.? She stated this is what has happened in the � ast . Mr. � raemer stated that with the storage facility they are building in ncrthern Minnesota to store all the heavy equipment, that will take care of a lot of the problem, because they now have an alte� �native. MOTIc �N by Ms. Sherek, seconded by Mr. Saba, to close the public hear: .ng . IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BETZOLD DECLARED THE l[OTION CARRIED AND T8L PIIBLIC HEARING CLOSED AT 7:55 P.M. Mr. �ondrick stated maybe the Planning Commission should wait to take action on this special use permit after the petitioner has cleaied up the property. �: � PLANNING COMMISSION MEETING. OCTOB]3R 24. 1990 PAGE 5 Ms. Sherek suggested the Commission act on the special use permit at t2.is meeting, but ask that the Council not act on it until Novea ber 19, 1990, after the November 15 deadline when the existing stora�e area is supposed to be cleaned up. Mr. Saba stated that because of the severe vandalism problems the petitioner has had, he thought the Commission should have some consi3eration for the petitioner and allow the storage of two vehicles in front of the building as requested by the petitioner. MOTICK by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of special use permit, SP #90-08, by John Babinski, per Section 205.17.O1.C.(11) of the Fridley City Code, to a:.low exterior storage of materials on Lots 1 through 20, Centr�l Avenue Addition, generally located at 1290 - 73rd Avenue N.E., with the following stipulations: 1. The existing storage area shall be cleaned of materials not directly related to the retail lumber and contracting business and shall be used to store only heavy equipment and materials directly related to the retail lumber and contracting business. Clean-up shall be completed by November 15, 1990. 2. Flat bed trailers shall be allo�ed to be stored outside the storaqe area fn the rear yard at the loadinq docks. Two vehicles may be parked in the front parking lot for overnight parking, but all other trucks and trailers shall be stored in the rear yard. 3. The existing storage fence shall be reslatted. 4. The petitioner shall install an 8 foot high wood fence and 3 boulevard trees along the east property line. The fence design shall be approved by staff prior to installation. The boulevard trees shall be a minimum of 2 1/2" caliper. 5. The special use permit shall be reviewed in one year, and annually thereafter. IIPON A VOICE VOTE, ALL VOTING AYB, CHAIRPER80N BETZOLD DECLARED T8E M)TION CARRIED IINANIMOIISLY. MOTIOJ by Ms. Sherek, seconded by Mr. Saba, to direct staff submit speci�l use permit request, SP #90-08, to the City Council on Novem�er 19, 1990, or later; and that, subsequent to the City Counc�l meeting, staff videotape the site for presentation to the Counc il . DPON A QOICB VOTB, ALL VOTING AYE, CBAIRPERSON BETZOLD DECLARED THE M)TION CARRIED IINANIMOIISLY. �ANlING COMMISSION MEETINQ. OCTOBER 24. 1990 PAGE 6 PL*LL�� HEAR.ING• CONSIDERATION OF A SPECIAL USE PERMIT, SP #90-17 BY LYNN AND CHRISTINE HANSEN: Per Section 205.24.05.B of the Fridley City Code, to allow an accessory building in the CRP-2 District (Flood Fringe) on Lot 13, Block 4, Rice Creek Plaza North Addition, generally located at 230 Rice Creek Boulevard N.E. ►TICN by Mr. Kondrick, seconded by Mr. Dahlberg, to waive the reading of the public hearing notice and open the public hearing. 8E IIPON ]1 VOICE VOTL, ]1LL VOTING 717[$, CHAIRPSRBOW BETZOLD DECLARED THE M DTION CARRIED l�ND TH$ PIIBLIC BEARINQ OPEN 71T 8:00 P.M. Ms. rcPherson stated that the petitioner is requesting a special use ��ermit in order to construct a 12 ft. by 16 ft. accessory building in the CRP-2 Flood Fringe District. Located on the site is a single family dwelling unit with an attached two car garage. The �roperty is zoned R-1, Single Family Dwelling, and directly abuts the backwater of Locke Lake/Rice Creek. Ms. rcPherson stated the petitioner's lot is unique in the fact that :here is a large change in topoqraphy from where the dwelling unit is located to where the proposed accessory building is to be locatad. Also, a 30 foot wide sanitary sewer easements runs in the middl� of the petitioner's lot in the area where the slope changes dramatically. The flat area which is directly adjacent to the dwelling unit is currently being used by the family for the picnic table, grill, children's play area, etc. Ms. M�Pherson stated the praposed storage shed is proposed to be locat:d near Rice Creek on the flatter part of the parcel. The petitioner is proposing to place the structure an elevation lower than the regulatory flood elevation; however, this is allowed by Code �s it would not be considered habitable space. Ms. M�Pherson stated the City is currently working with the Rice Creek Watershed District and the Locke Lake Homeowners' Association to de, �elop plans to replace the failing dam structure on Locke Lake to cleate a sedimentation pool and to also dredge the lake. Curreitly, the City does not know what the permanent elevation of the l�ke will be once it is dredged; and there is the possibility that �nce the lake elevation has been elevated, more water could flow through the channel that directly abuts the petitioner's prope-ty. For this reason, staff recommended that the accessory build.ng be placed on the .west property line on or near the sanit�iry sewer easement to minimize the impact flood waters may have �►n the proposed building. Staff is concerned that if a major flood should occur, the buildinq would not be swept downstream as the w� ter would be flowing through the channel at a higher velocity than � iormal . 8F LANlING COMMIBSZON ME$TING. OCTOB$R Z4. 1990 PAGB 7 Ms. rcPherson stated she had met with the petitioner on site that day t o discuss where he is proposinq to place the storage building. He irdicated that in the 11-12 years he has lived there, there has been very little, if any, water flowing in the channel adjacent to his ��roperty, that water tends to flow on the other side of the islard, and that the channel adjacent to his property is more or less for the backflow from the creek. However, he did agree that the Lnknown is the Locke Lake improvement, but the most water he has ever seen in that channel was from the 1987 super storm. Ms. rcPherson stated is recommending that the Planning Commission reconmend approval of the special use permit to the City Council. Staff recommends that in either location that the petitioner should execLte a hold harmless agreement to release the City of any liability or damages to the proposed accessory building prior to the :ssuance of a building permit (stipulation #1)- She stated stiptlation #2 is optional. Except for the unknown in the Locke Lake improvement project, staff can see why the proposed location for the accessory building by the petitioner is a logical one. Mr. Eetzold stated that in addition to a hold harmless agreement, he wculd suggest there also be indemnification. If the building is e�er washed downstream which causes damage to someone else's property, the City could be sued by someone else. Staff might want to ccnsult the City Attorney on this. Mr. Lahlberg stated that, in addition, it should not only include the kuilding, but also the buildinq's contents. Iie and Mr. Saba woulc be concerned about the storage of fertilizers, chemicals, pesticides, lawn sprays, those kinds of things in concentrated form, that if there is a situation where it is washed away, that amourt of material dumped into the lake or stream could be a potertial problem. Ms. Czristine Hansen, the petitioner, stated she would like to have their attorney look at the hold harmless agrement and give his opini�n as well. Mr. I�etzold stated a concern has been expressed about possible envir�nmental problems if there are fertilizers or oil type mateYials in the storage building. Ms. H3nsen stated they will not be storing any chemicals or things of that nature in the building. Mr. ]�etzold asked if Ms. Hansen would object to a stipulation prohibiting the storage of those kinds of things. Ms .� ansen stated she would not obj ect to a stipulation of that natur e . 8G PLANN:'NG COMMI88ION MBETIN(�. OCT088R 24. 1990 PAGE 8 OM TIp: f by Ms. Sherek, seconded by Mr. Saba, to close the public heari ig . IIPON A VOICE VOTE, ALL VOTIN6 lIYE, CHAIRPER80N BETZOLD DECLARED THE M)TION CARRIED AND THE PIIBLIC BEARING CLOSED AT 8:10 P.M. Mr. D3hlberg stated that if the petitioner is willing and if the petitioner's attorney agrees that it makes sense to execute a hold harml ass and indemnification agreement to release the City from any liability, that seems to be the most appropriate for this situation. He stated he thought it was appropriate to change stipulation #1 to include that and to omit stipulation #2• MOTICN by Ms. Sherek, seconded by Mr. Dahlberg, to recommend to City Council approval of special use permit, SP �90-17, by Lynn and Christine Hansen, per Section 205.24.05.B of the Fridley City Code, to allow an accessory building in the CRP-2 District (Flood Frince) on Lot 13, Block 4, Rice Creek Plaza North Addition, gene2ally located at 230 Rice Creek Boulevard N.E., with the follcwing stipulations: 1. The petitioner shall execute hold harmless and indemnification agreements to re2ease the City of any Ziability or damage to the accessory building or its contents prior to the issuance of a building permit. 2. Any materials, which include gasoline, oil, insecticides, fertilizers, etc., that would pose an environmental hazard when released into the water are prohibited in the accessory building. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPBRSON BETZOLD DECLARED TH8 ROTION CARRIBD IINANIMOQSLY. Ms. RcPherson stated this item will go to City Council on November 5, 1 �90. Mr. )ahlberg asked that staff submit the rewritten stipulations as well as the hold harmless and indemnification agreements to the petitioner so that they can be reviewed by the petitioner's attcrney before the Council meeting. 3. PUBLIC HEARING• CONSIDERATION C?F AN_ ORDINANCE AMENDMENT REGARDING MOTHER-IN-LAW APARTMENTS MOT]ON by Mr. Kondrick, seconded by Ms. Sherek, to open the public heai ing. UPOZ A oOICL VOTE, ALL VOTING AYB, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND T8S PIIBLIC HEARIN6 OPEN AT 8:17 P.M. �� CNG COMMISSION M8$TINQ, OCTOBBR 24. 1990 PAQ$ 9 Ms. I�acy stated that about 1 1/2 years aqo, the City Council brougzt to staff's attention their concern about seeing a number of aivertisements for "apartment units" for rent in local newspspers as well as the Minneapolis Star Tribune. A number of these situations occurred in single family zoned areas. What the general planning world has called a"mother-in-law" apartment, means "an area of a singl� family home where a living area exists, a be�iroom, bath, kitchen, which is used for a blood related individual". Unfortunately, after the mother-in-law leaves, somet imes these types of areas within homes have either been rented out to individuals not related, or more improvements to the home have been made which has separated that living area more from the main living area of the home. Ms. Iacy stated that also durinq the last 1 1/2 years, the Council has �sked staff to analyze the City's licensing procedure for rent�l units. Until just recently, staff has determined that rent�l licenses have been issued to persons owning single family propc ,rty for rental of a portion of their homes which are, in fact, zonec, for single family use. The City was actually authorizing a two family dwelling/duplex in a single family zone. Until rece��tly, the Fire Department was responsible for issuinq the lice�ises, and there were no zoning checks by the Community Deve:.opment Department. That procedure has since been amended. Ms. �acy stated that through a review of past files, staff has dete:-mined about 10 situations in the City where the City has cons.stently for 3-4 years issued a rental license to create anot: ►er unit within a single family home within a single family zone� 1 district. Ms. )acy stated the purpose of the proposed ordinance amendment is to s:rengthen the City's existing policies regarding this type of situition. Right now, a"mother-in-law" apartment is not perm Ltted; that is, they cannot have a two family dwelling in a singte family area. The ordinance amendment proposes additional langiage to say that a part of a living area cannot be rented to any other individual. It does not discriminate between blood related individual or a non-related individual. Ms. Dacy reviewed the existing code provisions: 1. Guest rooms may be rented to no more than two persons, provided that no kitchen facilities are provided. This is a permitted accessory use in the R-1 district. 2. The definition of a"family" permits up to five unrelated individuals within a single family home, and an unlimited number of persons related by blood or marriage. For example, they could have three students and two nurses living in a single family home renting as one unit. In that case, that would be an absentee landlord. 81 PLANN[NG COMMIBSION MBETIN6. OCTOBBR 24. 1990 PAGB 10 3. The City has currently been enforcing its informal "door" policy. They have required that one of the doors separating two living areas must be removed. By removing the door, free access is provided between the two living areas; therefore, an argument cannot made that the door provides separation between the two areas. 4. There are existing single family homes in the City which have two kitchens but are not renting rooms. 5. Early in the 1970's, the City did allow those structures to be constructed under a special use permit. This ordinance amendment would not affect those homes. However, for those units that have been issued a rental license to operate more or less as a two family unit or a duplex, there is a section in the proposed ordinance which would require the amortization of that use within three years. Ms. Dacy stated the proposed ordinance language amends the defi��ition of a one family and two family dwelling. In the perm:.tted use section, it states that they cannot rent any part or port.ons of a unit to any other member. Again, it does not dist.nguish between blood relation or non-related individual. And, fina.ly, it does provide for an amortization schedule of three year: to have the use revert back to the single family use. Ms. Dacy stated that if the Planning Commission chooses to reconmend approval of this zoning ordinance amendment, it would go to the City Council for another public hearing on November 19, 1990, Mr. 3et2old asked if there have been complaints from citi2ens about abus:s of too many people living in single family homes in R-1 dist ricts . Ms. Dacy stated, yes, the City's Code Enfarcement Officer handles about 3-5 different complaints per year of this nature. Mr. ray Kersey stated he represents Rodney Billman who owns rental pro�erty on 7th Street in Fridley which falls under this category. Mr. Kersey stated it is difficult to come and "argue" against a proFosed ordinance that strengthens an existing ordinance and that clazifies that renting another unit in a single family dwelling is an illegal activity. Their particular property was granted bui)ding penaits that essentially said this type of use was o.k. The� have tried to conform with the City whenever asked by the Cit} . They have removed the doors so that one person has total accE :ss to the building. E�J PLANN"NG COMMI88ION MBETIN�3, OCTOBER 24, 1990 PAdE 11 Mr. Rersey stated that to write a new ordinance because of 3-5 compliints a year seemed to be stretching the point. Certainly there are more important issues in the City that should be dealt with. Mr. iersey stated a question he had was whether they would be "gran3fathered in" so to.speak and that this ordinance amendment would not apply to them. Staff has made it clear they would have three years to comply, but he questioned the legality of that when they were granted licenses to build the units and they have been licer sed by the City for a number of years to operate as two family dwellings. Mr. :setzold asked Mr. Kersey to address specifically how this ordirance amendment would affect his rental property. Mr. iersey stated they are forced to comply with the ordinance if it i: amended, it would mean that they would suddenly have either 4 or 5 bedroom units they would have to rent either to one family or t�� five single individuals. He believed they would have to remo��e one of the kitchens. Mr. :ersey stated one of the main questions of this whole thing is: What is a family? The City of Fridley says five unrelated indi��iduals. Then he wondered about the situation where there are two I�rothers and three other persons. Is that five, or does that sudd�:nly become 4, in essence, because two are related? Mr. ::ersey handed out an article from the Minneapolis Star Tribune datei October 19, 1990, re: "Minnetonka rejects plan to Iimit the defiiition of a family." Minnetonka wrestled with this problem and fina�ly just threw it out because they cannot come up with a defizition for a"family". He would ask that the Commission wres�le with this problem also. Mr. �ersey stated it is not unusual for Hmong families to have many related individuals livinq in the home. Mr. Cersey stated he would conclude with one of the statements made by cne of the Minnetonka Councilmembers: "It is easy to write an ordinance or write a definition of family. It only gets difficult if y�u ever have to use it." He sees problems with the enforcement of this type of ordinance, and he would speak against trying to char ge an existing ordinance or strengthening an existing ordinance to the point where it is going to create more problems, particularly along the lines of the definition of a family. . Ms. Sherek asked if it is possible to rezone some of these single fam'ly homes that are being used as multiple family dwellings so thai , they become conforming. 8K �`Nr COMMI88ION MB$TINd. OCTOBBR 24. 1999 PA(�L 12 Ms. Dicy stated that is an option. The advantage the 7th Street locat�on has is that it backs up to the Village Green complex and anoth:r multiple family complex, so that might be a possibility. If there is a duplex in the middle of a R-1 area, then that is proba�ly not an option. Mr. K:rsey stated that regarding the rezoning issue, it is unusual to ha�e the high rise across the holding pond and then not have a buffer to the single family units. He would welcome any consi3eration in this regard. Mr. B�tzold stated it is something Mr. Kersey might want to pursue with City staff. Mr. Fobert Lange, 189 Logan Parkway, stated he lives near a house that has been occupied by more than one family for many years, and he h�s not complained. He had a question about the definition of rent. Does rent include any kind of in-kind expenses or forgiving of l:abilities, rather than monetary reimbursement? Mr. l;etzold stated Mr. Lange had a good point. Ms. 1►acy stated that up until this point in time, she thought it was �:he Council's intent that it was the typical rent check, and the ��oint raised by Mr. Lange is one of the issues that will have to b: addressed in the enforcement of this ordinance. The other issu�: is: What happens if the persons renting the home share all the �:xpenses? It would be up to the City to prove that the person is p�ying rent and living under some type of arrangement. Mr. 3etzold asked Mr. Lange what he saw as problems as a result of non-�amily members living in a single family house. Mr. Lange stated it affects the property values of other single famiLy homes in the neighborhood. There is more garbage and more trafEic. There are five vehicles for one house instead of the typi�al two or three. Mr. Etoger Stene, 870 Pandora Drive, stated he has a mother-in-law apartment in his home. Presently his mentally ill son occupies this space. He stated this proposed ordinance amendment will have a great impact on his situation. He stated his son has tried other living arrangements--group homes, board and care, Village Green, etc. Mr. Stene stated that after seeing these undesirable living concitions, they signed up for Section 8 housing. However, they fourd out that most of the Section 8 housing that is available is des:gned for a 2 bedroom situation, primarily for a single parent wit2 children. The amount of subsidized housing for single males is �ery limited. So, they approached the Section 8 housing people and asked about putting a mother-in-law apartment in his home. In 8L �LANNI N(i CO1rIIdI88ION MEETIN(i. OCTOB$R 24. 1990 PAaL 13 order to do that, he had to make some changes to the home. Because of his son's paranoia which is part of his illness and fear as the result of abuse and being beaten up several times, he also made the house secure with bars on the basement windows. Mr. Si :ene stated he has done many things to make this apartment comfo�table for his son. His son is very happy living there; and as a iesult, he requires little medication compared to what he was on wh�:n he was in other living situations. Mr. S�:ene stated his son has to live in a separate apartment. If he li•�es with his father, his social security is cut in half. In order to qualify for the work program at RISE, he must pay rent. Ms. Dicy stated that Mr. Stene is in compliance with the ordinance now, l>ecause he is renting to a blood-related individual . However, under the new ordinance, he would not be allowed to rent to his son. Mr. Stene stated his home has been used as a model by Section 8 as an iieal living arrangement for him and his son's type of situation. He stated he does not consider his apartment situation a det riment to the neighborhood. Th�y keep the property up nicely, and there is no extra traffic or cars. Mr. :tene stated that if this ordinance is amended, he would like to see some type of conditional permit for him and other people in simi]ar circumstances. Mr. getzold stated Mr. Stene and his son's situation is very inte��esting. He stated this type of situation certainly merits some serious consideration. He told Mr. Stene that his son was very fortunate to have such family involvement. MOTI� �2J by Mr. Kondrick, seconded by Ms. Sherek, to close the public hear �ng . IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE SOTION CARRIED AND THE PIIBLIC HEARING CL08ED AT 9t05 P.M. Ms. >herek stated that when elderly adults have their home occupied by ��nother individual, whether family member or not, and are receiving medical assistance from the State of Minnesota, often they are required to be compensated for the space being occupied in i:heir home. This ordinance amendment would prohibit that. Since it has always been the intent of the City Council to assist peo�le to stay in their homes, this amendment seems to be courterproductive. Ms. Sherek stated a window should be left open when these types of sitiations exist, and maybe the answer is a special use permit. 8M � . � . Y�. c ..��. � _ � - Ms. D;�cy stated the other option is that if the ordinance is created to permit mother-in-law apartments by special use permits, there are standards that can be imposed such as: (1) The unit be owner-occupied; (2) Some type of restriction be recorded at the Count} that the special use permit is for a specific type of situai ,ion; ( 3) Standards could be put on the special use permit that ��ould regulate any exterior improvements to the house, limit the rn uaber of cars, etc. Ms. D�,cy stated that at this time, the Commission has two options: .. They can act on the Mother-in-Law Zoning Ordinance Amendment and send a recommendation to the City Council. >.. If the Commission is not happy with the ordinance amendment, they can recommend that staff rework the ordinance amendment. Ms. :herek stated she is more comfortable with option #2• She state3 she does not like the ordinance amendment. The idea of one family has certainly changed drastically and continues to change. Many �lder single adults who choose to remain in their home as they grow older are going to need someone living with them. There has to bE: a window that would permit the non- traditional types of uses. Mr. i�etzold stated he is troubled with this whole thing. As far as n�t being able to rent to any person, he could see people find'ng a way to get around that. Maybe as long as they have the spec:al use permit option, that won't be as much of a danger. Ms. Z;odig stated she saw trouble enforcing this kind of ordinance. It ia going to be enforced the way it is today through the 3-4 comp' .aints the City receives per year, and those are the people who are :►ot going to adhere to the ordinance anyway. Mr. Dahlberg stated people just won't indicate that they are rentLng a portion of their home either to a son/daughter, elderly pare�t, whatever. Mr. Betzold asked what they can do about the situation presented earlier by Mr. Kersey where buildings were built as duplexes, and it will be very difficult to rent or se].Z those buildings if this ordinance amendment is passed. Ms. Dacy stated that in the split level example where there are thrE e college students on the first level and two nurses on the bottom level, right now the owner receives two rent checks, but if in �:he future the owner receives one rent check from all five indi viduals, it would be up to the City to prove that they are not. The property owner has the right to rent out his buiZding. 8N PLANN]NG COMMI88ION MEBTINa. OCTOB$R 24. 1990 PAQS 15 Ms. Sl �erek stated that in this example, it sounds like the City would rather have a property owner rent to five individuals who will ie coming and going with multiple vehicles than they would to have the owner rent to families with one child each. That does not make ;;ense, and this ordinance does not make any sense. Mr. S�iba stated he liked �the concept of a mother-in-law ordinance that �:an be enforced, but he did not think this is an enforceable ordin►nce. However, he did have a problem with single famiZy homes degraiing into multiple family rental units. He would like to see staff rewrite the ordinance. Ms. D�cy stated staff has done a lot of research, and she thought staff could come back with a revision at the next meeting. MOTIO!1 by discussion apartments meeting. Mr. Kondrick, seconded by Mr. Saba, to table further on the ordinance amendment regarding mother-in-law and request staff to brinq back a revision at another IIPON A VOICE DOTE, ALL VOTING 11YB, CSAIRP$RSON BETZOLD DECLARED T8E �!OTION CARRIED IINANIMOOSLY. Mr. 3etzold stated he would like ta see more publicity in the news�aper on this subject, and that the people at this meeting be invited to back when this subject is discussed again. 4. PUBLIC HEARING• CONSIDERATION Of AN ORDINANCE AMENDMENT FOR LANDSCAPE REQUIREMENTS: MOTI�►N by Mr. Dahlberg, seconded by Mr. Kondrick, to open the publ.c hearing. IIPON A oOICE VOTE, ALL VOTIN�3 lIYE, CHAI1tPERBON BETZOLD DECLARED THE ;�OTION CARRIED AND THE PIIHLIC HBARINQr OPEN AT 9:22 P.M. Ms. McPherson stated staff has been working on the proposed land�cape ordinance requirements for about a year. They are now in tie process of adopting the ordinance amendments. The purpose of tie amendment is not to include something new in the ordinance; it i� to make the existing requirements more explicit to aid staff in e�aluating landscape plans in a consistent, fair, and equitable manner. It will also provide some assistance to those staff mem�ers who do not have training in the field of landscape arch itecture to evaluate the landscape plans that come to the City. In <,ddition, the Commission may be aware that it has been the Comnunity Development Department's policy to hire landscape interns to co work over the summer to help evaluate landscape plans and, in come cases, to actually design plans to meet the ordinance reqt irements . As there are no specif ic requirements in the current ord�nance, the requirements of the ordinance were open to : • T�� .� AAVVTbOTAti ��TUn nnn+r,nQO �� _ � ooe PAGE 16 �Ylfi�i�I hV ..Vl•li7�ooi..i� ii�o.i..v. .,..�...... - interFretation by those various individuals evaluating or designing the site plans. Ms. M�:Pherson stated staff sent the amendments out to various develcpers, architecture and landscape architecture firms for commerts. Many of those people are local people who have worked in thE City and have developed projects in the City. Ms. McPherson stated staff presented the amendments to the Chamber of Co�uaerce Board for their comments and suggestions and some of those comments and suggestions have been included in the draft lands�:ape ordinance. Ms. M;Pherson stated staff also presented the landscape ordinance amendaent to the entire Chamber of Commerce membership at a lunchaon meetinq to let them know what the requirements would be, some :xamples of the various requirements, and numbers that will be pr�posed as part of the new requirements. Ms. M�Pherson stated one comment they received from several local devel�pers, as well as the Chamber of Commerce Board, was on page 1 whi :h includes the "Scope" and specifically outlines those things that would trigger compliance by existing uses. They were concerned that if someone came in to get a permit for a new roof or siding, would that trigger compliance with the landscape ordirance requirements which may make a building improvement project economically not feasible for a small business owner? What staf� has tried to do under "Scope" is outline who wi1? need to comp� y with the requirements of the section and, for those existing deve:opments, what types of building improvement projects would trigc;er compliance with the landscape ordinance requirements. In addi� .ion, existing developments will be credited for their existing land;�caping so they may just need to add to their existing plant mate:�ials. If a property cannot meet the parking setback requ .rements or the other zoning code requirements, full compliance may iot be required, but that would be determined by staff. Mr. �aba asked if they could somehow tie these requirements into a pErformance bond rather than just addressing eaah individual situ�tion, especially for larger developments. Ms. McPherson stated that currently, it is the City's policy to tie �utdoor improvements with a performance bond. That is included near the end of the ordinance requirements. Perhaps that should be m�ved to the front of the ordinance under the "Scope", so people are aware upfront that the City has a bond requirement. Mr. Saba stated he would also like to see something added to this ord�nance regarding major developments near a park area, wetland are�, or natural area such as the nature center, where there would be � dense screening of trees, brush, etc., that would effectively scrE en parking lots, lighting, etc. He stated this brought to mind � • � • Y1: c •�iy�� c: the e:;ample of Tarqet's concrete wall that faces Locke Park, and there is no screening whatsoever. That is an eyesore and degrades Locke Park dramatically. Mr. D�hlberg stated item E.(1) states that: "All parking areas conta lning over 75 stalls shall include unpaved, landscaped islands that are reasonably distributed throughout the parking area..." He asked if staff had received any comments about the landscape islan 3s . Ms. l[cPherson stated there was one suggestion that landscape islan3s be eliminated. Mr. I ahlberg stated that as a person who works with owners on a regular basis and has to deal with ordinances to plan parking lots or piojects, the biggest difficulty in putting landscape islands in tl�e parkinq areas is snow removal. The loss of parking in winter months, because of islands and stacked snow, becomes more of a hazard in a parking lot during the winter months. The fewer islards developers are required to put into a parking lot makes it easier for maintenance during the winter. He stated 100 parking stal]s might be a more appropriate number, and maybe they should cons:der leavinq it at 100, rather than reducing it down to 75 or 50. Ms. 3herek stated -that plant materials on islands usually get kill�:d during the winter months because of snow stacking and from peop .e backing over or driving into them. Except in very large park.ng areas, she did not think landscape islands add that much for ill the hazards and trouble they cause. Ms. )acy stated that since they are anticipating some very large proj:cts in the City, staff would like to meet the original deadLine of adopting the ordinance by the end of December. The public hearing is scheduled for the City Council for November 19. StafE will bring back the suggested addition to the ordinance for the Planning Commission's review and comment at the November meeting. She would like the Planning Commission's permission to allca staff to go ahead and advertise the ordinance with the pro��sed language so they can stay on schedule. The Commissioners were in agreement with this. Mr. Dahlberg commended staff on their hard work in putting this lancscape ordinance together. It is a good model, however, it is not restrictive in relation to other municipalities.throughout the met�opolitan area. MOT" ON by Mr. Kondrick, seconded by Ms. Sherek, to close the public hea� �ing. : ! .n i..�.v�rTeQTnv 1f44A1TVf1 nn�nnnt�� L _ 1ooA PA(3E 18 � 1 �V �rVi9171o�iVi� raaa�aia�v� vvav�.r.rs� - -- - IIPON l, VOIC$ VOTB, lilLL VOTING 117f8, CHlIIRP$R80IJ BSTZOLD DECLARED THE MCTION CARRIBD AND THL PIIBLIC HBARIN�3 CLOB$D AT 9:50 P.M. MOTI02' by Mr. Kondrick, seconded by Ms. Sherek, to recommend to City �ouncil approval of the ordinance amendment for Landscape requi��ements with the following recommended changes: .. To insert regulatians for landscaping that is adjacent to public parks and other public properties. !. That the minimum threshold for interior marking spaces increase from 75 spaces to 100 spaces or stay the same as the present ordinance. 3. To move the bonding requirement to the beginninq of the ordinance under "Scope". UPON A VOICE VOTE, ALL VOTINa AYB, CHAZRP$RSOl�l BETSOLD DECLARED THE M DTION CARRIED IINANIMOIISLY. 5. RECEIVE SEPTEMBER 18 1990 ENVIRONMENTAL 4UALITY AND ENERGY COMMISSION MINUTES: MOTICN by Mr. Dahlberg, seconded by Mr. Saba, to receive the SeptEmber 18, 1990, Environmental Quality and Energy Commission minui ,es . IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BETZOLD DECLARED THE ][OTION CARRIED IINANIMOIISLY. ADJO� JRNMENT • MOTI)N by Mr. Kondrick, seconded by Mr. Dahlberq, to adjourn the meetLng. Upon a voice vote, all voting aye, Chairperson Betzold declired the motion carried and the October 24, 1990, Planning Commissian meeting adjourned at 9:55 p.m. Res ectfully submitted, � ,.�KC� �C� Lynn Saba Reccrding Secretary SZG�i—I�TT 88EET pLANNII+IG COI�Q�iIBBZOIi �[SETI'iG� October 24, 1990_ C� �� .�l/ �- PIQ a �F_ � ��rde r,��f . � �'S�,'N� �r°� ��-�{ '��na�r Q Ae. 10`h'/C� - ih� �LL� H�� N �r 1 �.. � ? _"' Q�'�2C � � unroF fRIDLEY DATE: TO: C011IiMliNITY DEVELOPMENT DEPARTMENT MEMORAN DUM October 30, 1990 � a. William Burns, City Manager�� ' 8S FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJE CT : Special Use Permit, SP #90-17, by Lynn Hansen Attached is the staff report for the above-referenced request. The petitioner is requesting a special use permit to allow the consiruction of a 12' x 16' storage shed in the CRP-2, Flood Fringe Dist��ict. The Planning Commission voted unanimously to recommend apprc�val of the request to the City Council with the following stip� �lations: ].. The petitioner shall execute a hold harmless agreement to release the City of any liability or damages to the accessory building prior to the issuance of a building permit. 2. Any materials which could cause potential water contamination such as fertilizers, gasoline, oil, pesticides, etc., shall not be stored in the storage shed. StafE recommends the City Council concur with the Planning Commission action. BD/d n M-9C-765 _ 8T �► STAFF REPORT APPEALS DATE �,�� OF PLAI�NG CONNNSSION DATE : oc tober 24 , l 990 fRiDLEY Ci� C+a�aL �A� : November 5, 1990 AUTHOR ��dn � I REQUESI' PERMIT NUMBE :R APPLICANT �� PROPOSED RE QUEST LOCATION SITE DA'�A SIZE DENSITY PRESENT ZON NG ADJACENT Lf ,NO USES 8� ZONWG UTLIT�S PARK DEDICA �ION ANALYS IS FINANCIAL IMI'UCATIONS CONFORMAN �E TO COMPREH' :NSNE PLAN COMPAT�IUI Y WITH ADJACENT t SES 8� ZONNG ENVIRONMEN TAL CONSa ►ERATIONS STAFF REC( �MMENDATION APPEALS RE COMMENDA� PLANNING C JMMISSION RE� AMMENDATION SP �i90-17 Lynn Hansen To allow the construction of an accessory building in the CRP-2, Flood Fringe 230 Rice Creek Boulevard N.E. R-1, Single Family Dwelling R-1, Single Family Dwelling on east, south, west, and north. Yes Yes Approval with stipulations Approval with stipulations ',•1�J Staff Report SP #9� �-17, Lynn Hansen Page ; Reque at The p��titioner, Lynn Hansen, is requesting a special use permit to allow him to construct a 12' x 16' accessory building in the CRP- 2 Flo�d Fringe District. The petitioner intends on storing lawn and g�rden equipment in the accessory building. The request is for Lot 13, Block 4, Rice Creek Plaza North Addition, the same being 230 Rice Creek Boulevard N.E. Site Located on the property is a single family dwelling unit with an attached garage. The property directly abuts Locke Lake/Rice Creek. The property is zoned R-1, Single Family Dwelling, as are the �arcels to the north, south, east, and west. Anal� sis A la�ge change in topography from the public right-of-way to the rear �f the lot abutting Rice Creek occurs on the petitioner's lot. TherE are two "flat" spots in the yard; one directly adjacent to the -ear of the dwelling unit and the other located near Rice Creel.. The flat area adjacent to the dwelling unit is currently beinc used for the family's picnic table, grill, and childrens' play area. In addition to the change in topography, a 30 foot sani1.ary sewer easement is located in approximately the middle of the � �arcel . Wate:� flowing through the Rice Creek Watershed District within the Rice Creek channel impacts the petitioner's parceZ. Currently, the Lock�� Lake dam is failing, and the City is working with the Wate�shed District and the Locke Lake Homeowners Association to deve_op plans for replacing the dam structure, creating a sedinentation pool, and dredging the lake. At this time, a perminent elevation for the lake has not been established. The exis:ing eZevation is extremely low; there is very little if any wate:- running through the channel. Once the permanent elevation for the lake basin has been established, it may directly impact the accessory building in its proposed location. Flood waters couli carry the building downstream. For this reason, staff reconmends that the accessory building be relocated to a location alon� the west property Zine near or within the 30 foot sewer easerent to increase the distance that the accessory building is fro�r the channel. This would lessen the impact of flooding on the accessory building. If placed in either location, the accessory buil3ing would be at an elevation lower than the regulatory flood protection elevation. SV Staff �eport SP #90-17, Lynn Hansen Page 3 Secticn 205.24.05.B of the Fridley Zoning Code does allow accessory buildings to be located at a lower elevation than the regulatory flood pratection elevation because it is not a habitable living space. Therefore, no additional fill will be needed to raise the level of the accessory building. In addition, the petitioner shoulc be aware that if the City needs to work on the sewer line, the City would not be responsible for moving or replacing the build:ng, should the building be damaged. The petitioner should execu�.e a hold harmless agreement which states that he understands this : ;ituation. Recom�tendation and Stipulations The proposed accessory building is compatible with the adjacent uses �.nd structures. Therefore, staff recommends that the Planning Commiasion recommend approval of the request, SP #90-17, to allow the c� >nstruction of an accessory building in the CRP-2 Flood Fringe Distr�ct, with the following stipulations: 1. Che petitioner shall execute a hold harmless agreement to release the City of any liability or damages to the accessory euilding prior to the issuance of a building permit. 2. rhe petitioner shall locate the accessory building near the west property line near the power pole located on the west property line. Planring Commission Action The Flanning Commission voted unanimously to recommend approval of the ��equest to the City Council. The Commission voted to delete the original stipulation number 2, and added the following stipi .lation: 2. Any materials which could cause potential water contamination such as fertilizers, gasoline, oil, pesticides, etc., shall not be stored in the storage shed. Citv Council Recommendation Staf: recommends that the City Council concur with the Planning CommLssion action. �� ; �� ., � I� 1 �:�'��/l��i�=��1! i��i�_ �� w�►r��l � ��r�-�Q�±�A if'i/ ■0� 4�"e��''��"v` �� * -oov'� � �i�i, mv m a,�� o:, �' �� . mo mmf, �, �. . �:��m � ioi. �:��m�: -�P'�� a i�L .��__ .�� .�_mm..o_..e4� __ _� � H A ��1 0 � � � �,`.�� j�� p� '�•�•� �•� N�� VNING MAf� MM COANEN dFG /1 �� a < ,it ' d ro i > f'� � u - -d-� ' � ti !. f.r✓r iV�J � , ww� 1 .� M � t�+� .� .�. 22 SP ��90-17 Lynn Hansen N �/2 SEC. , C/T Y OF I 2t . � . .._. � t M�� Ir� F, w? I'.� ��1 - .� ,. � 1 N+� Cn 'nfN^ � `�- ,,. (�} I SEC. � � �` , I � � GtiWDaW�/UN MQ 9� � 24 � � N I/� � �, �� ' 1 � v s � �,� r �� LOCATtON MAP SP 4�90-17 Lynn Hansen � v 1 oad Plan�in � , f�15-/�fi� *�t3 � �d.s�„�y� q 'w"°'q°°'� ` a�k�� ENGINEERING� INC, - "�°� 1.�� b �t�i.�ic avl - ' S1�ri �,i0'i � . �.� -- Fn9ineers � Su� veyors — � i :er1 i�scate o� �at�e �o: R10E CR'EEK PLAZ1 � T . i� 2� o G2 . � . a � ,^ �i�, _ . � F �� A. �� _ .. ,o �`,`r � � . � , �� i� , �� S, . I � � ti y i ! I � ,�� • �i . � • / / �\ • � � ��4'� , :. ��1' / � 1 � \ �y sr� . . ! f. . � �r \ > �Fqs �� ?, ��5 � ��yr �.�i � r �1fl1J U�' /�. / I . � �17<<'/ � L� � � h � � � � � �� ,ti�° `b �(�E �1! u'� � �S �� •=� � � � � '`� � „ . \ bZq �� ` `r , � � 'C f�. � i \ _ L �\ ` � � ' ' ��, Proposed Accessory Building . � �, � � � ` �� —;,� , �„ 1 / . e /S �� /; � �� LOT 13 . BLOC t< 4 : �A�o �� y � R�Ct . GREEK PLAZA ;i ° - . - - � ; ��.� ,;L NDRT1� -AC�D�TiON I ;� �` � . .��, �` � , /liere irj �erf�'y � A�is es o b�r�r ad mrrtcf rrp�rsa�ofion ,�('o su�ry �'�r i�.�da►irs ��ir �b.R .f�u+bd bnd,, %Kr l�co� in �l'wY bWd.aJs ,�rwt , nd d/ risibk eavnarl»r►ails , i,l'�y. �sn �r n srd �(aad. �ls sur�eyed 6y ine l4s� o ' � u �—' �� SU8UR8AN fNG1NEERWG, lNC. StTE PLAN i �� n � � � il � r� m� J s n � �., , �, N '�� j O ��, ' II � ._, �� i' � Z� �j ;j -_, �+c �n i � 0 � I � p m O A o� m � il � � �I �� I �I �� -r-r I I I I `� � � \ \ \ \ \\ \\ �� N 0 Z OD � � N �Z m � � � ? �� , ; �. ,� �; I° � � I ! I �I � ' f i I � j r I � j 1� �� _ - �( � STR r i � J --�i i � � � �� j I I m� m�I �� '� .��,•c �� 1! j ' � 1 � �� / \ �I � � N Z m 00 SP 4� 90-17 Lynn Hansen l� �� i � � � . 0 Z m A � M/'�—"� � 2 m � % '� � � t_�_ ► � r � � � � � �nroF F�� COMMUN[TY DEVELOPMENT DEPART'MENT MEMORANDUM DATE: October 30, 1990 � p� ' 1� TO: William Burns, City Manager �.� FROM: SUBJ] ICT : � . . Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, PZanning Assistant Proposed Landscape Amendments to the Zoning Code Attar:hed are the proposed landscape amendments to the R-3, General Mult.ple Family, the commercial, and industrial districts of the Zoni: ig Code. The Planning Commission held a public hearing for this item at their October 24, 1990 meeting. The Commission reco�unended that the bonding requirement be made more prominent, and :hat the parking lot size threshold in Section F, page 6, be move i to 100 parking stalls from the previously proposed 75 stalls. The �rdinance requires the City Council to hold a public hearing for all ordinance amendments. Staff recommends that the City Coun�il set the date for the public hearing for the landscape amen3ments for November 19, 1990. MM/d n M-9C -772 : : : LANDSCAPE ORDINANCE FRIDLEY, MINNESOTA SCC 6. �ANDSCAPE REQUIREMENTS �. Scope. All open areas of any site, except for areas used for parking, driveways, or storage shall be landscaped and incorporated in a landscape plan. (1) All new developments requiring a building permit shall comply with the requirements of this section. (2) Existing developments shall comply with the requirements of this section if one or more of the following applies: a. At the time of a building expansion or alteration which dictates the necessity for additional parking or hardsurface areas in excess of four (4) stalls. b. Building alterations which dictate a change in use such that the parking area must be expanded in excess of four (4) stalls. c. Construction of additional loading docks. d. Construction of new parking areas in excess of four (4) stalls. (3) If full compliance cannot be achieved due to site constraints, partial compliance as determined by the City shall be enforced. (4) The requirements of this section shall not be required for building alterations which do not affect the exterior portions of the site. B. Bonding Requirement The City shall retain a performance bond, cash or letter of credit, as required in Section 205.05.06.A.(3) of the zoning code for one growing season after the installation of landscape materials is completed. C. Plan Submission and Approval. (1) A landscape plan shall be submitted to and approved by the City prior to issuance of a building permit or prior to approval of outside improvements not related to building improvements. A plan shall not be required for routine replacement of existing materials or the installation of new materials when 1 (2) : � � not associated with a building project. The following items shall appear on the landscape plan: a. General 1) 2) 3) 4) 5) 6) 7) Name and address of owner/developer Name and address of architect/designer Date of plan preparation Dates and description of all revisions Name of project or development Scale of plan (engineering scale only) at no smaller than 1 inch equals 50 feet North point indication b. Landscape Data 1) Planting schedule (table) containing: a) symbols b) c) d) e) Quantities Common names Botanical names Sizes of plant material at time of planting f) Root specification (B.R., B& B, potted, etc.) g) Special planting instructions 2) Existing tree and shrubbery, locations, common names and approximate size 3) Planting detail (show all species to scale at normal mature crown diameter, or spread for local hardiness zone) 4) Typical sections in detail of fences, tie walls, planter boxes, tot lots, picnic areas, berms, and other similar features. 2 8EE 5) Typical sections of landscape islands and planter beds with identification of materials used. 6) Details of planting beds and foundation plantings. 7) Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques. 8) Delineation of both sodded and seeded areas with total areas provided in square feet, and slope information. 9) Coverage plan for underground irrigation system, if any. 10) Statement or symbols, to describe exterior lighting plan concept. c. Special Conditions: Where landscape or man-made materials are used to provide required screening from adjacent and neighboring properties, a cross-section shall be provided through the site and adjacent properties to show property elevation, existing buildings and screening in scale. D. Landscaping Materials; Definitions. All plant materials shall be living plants. Artificial plants are prohibited. (1) Grass and ground cover. a. Ground cover shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within twelve (12) months after planting, with proper erosion control during plant establishment period. Exception to this is undisturbed areas containing natural vegetation which can be maintained free of foreign and noxious materials. b. Accepted ground covers are sod, seed, or other organic material. The use of rock and bark mulch shall be limited to areas around other vegetation (i.e. shrubs) and shall be contained by edging. 3 8FF (2) Trees. a. Over-story Deciduous. 1) A woody plant, which at maturity is thirty (30) feet or more in height, with a single trunk un-branched for several feet above the ground, having a defined crown which looses leaves annually. 2) Such trees shall have a 2 1/2 inch caliper minimum at planting. b. Ornamental. 1) A woody plant, which at maturity is less than thirty (30) feet in height, with a single trunk un-branched for several feet above the ground, having a defined crown which looses leaves annually. 2) Such trees shall have a 1 1/2 inch caliper minimum at planting. c. Coniferous. 1) A woody plant, which a maturity is at least thirty (30) feet or more in height, with a single trunk fully branched to the ground, having foliage on the outermost portion of the branches year-round. 2) Such trees shall be six (6) feet in height at planting. (3) Shrubs. a. Deciduous or evergreen plant material, which at maturity is fifteen (15) feet in height or less. Such materials may be used for the formation of hedges. Such materials shall meet the following minimum standards at time of planting: 1) Dwarf deciduous shrubs shall be eighteen (18) inches tall. 2) Deciduous shrubs shall be twenty-four (24) inches tall, except as in Section D below. 3) Evergreen shrubs shall be of the eighteen 4 8HH ]'. Interior Parking Lot Landscaping Standards (1) All parking areas containing over one hundred (100) stalls shall include unpaved, landscaped islands that are reasonably distributed throughout the parking area to break up the expanses of paved areas. Landscaped islands shall be provided every two hundred fifty (250) feet or more of uninterrupted parking stalls. (2) Al1 landscaped islands shall contain a minimum of one hundred eighty (180) square feet with a minimum width of five (5) feet and shall be provided with deciduous shade trees, or ornamental, or evergreen trees, plus ground cover, mulch, and/or shrubbery, in addition to the minimum landscape requirements of this ordinance. Trees shall be provided at the rate of one tree for each fifteen (15) surface parking spaces provided or a fraction thereof. Parking area landscaping shall be contained in planting beds bordered by a six (6) inch raised concrete curb. G. Screening and Buffering Standards (1) Where the parcel abuts a property zoned R-1 or R-2, there shall be provided a landscaped buffer which shall be constructed in the following manner: a. A screening fence or wall shall be constructed within a f ive ( 5) foot strip along the property line(s) abutting the R-1 or R-2 district. Said fence or wall shall be constructed of attractive, permanent finished materials, compatible with those used in the principal structure, and shall be a minimum of six (6) feet high and a maximum of eight (8) feet high. Chain link fences shall have nan-wooden slats when used for screening purposes; or b. A planting screen shall be constructed in a f ifteen (15 ) foot strip and shall consist of healthy, fully hardy plant materials and shall be designed to provide a minimum year-round opaqueness of eighty (80) percent at the time of maturity. The plant material shall be of sufficient height to achieve the required screening. Planting screens shall be maintained in a neat and healthful condition. Dead vegetation shall be promptly replaced. c. If the existing topography, natural growth of 6 811 vegetation, permanent buildings or other barriers meet the standards for screening as approved by the City, they may be substituted for all or part of the screening fence or planting screen. (2) All loading docks must be located in the rear or side yards and be screened with a six (6) foot high minimum solid screening fence if visible from a public right-of-way or if within thirty (30) feet of a residential districts. (3) All external loading and service areas accessory to buildings shall be completely screened from the ground level view from contiguous residential properties and adjacent streets, except at access points. H. Credit for Large Trees The total number of required over-story trees may be reduced by one-half (1/2) tree for each new deciduous tree measuring three (3j inches or more in diameter, or each new coniferous tree measuring eight ( 8) feet or more in height. In no event, however, shall the reduction be greater than twenty-f ive ( 25 ) percent of the total number of trees required. I. Credit for Existing Trees The total number of required new over-story trees may be reduced by the retention of existing over-story trees provided that the following conditions are satisfied: (1) Such trees are four ( 4) inches or greater in cal iper measured six (6) inches from soil level. (2) For each existing tree meeting the requirement, two trees as required in section D above may be deleted. (3) Proper precautions to protect trees during development shall be indicated on grading plans submitted for plan review. Such precautions are outlined in section J. These precautions shall be included in the landscape surety. J. Irrigation. Underground irrigation shall be required to maintain all landscaped, boulevard, front and side yard areas. K. Installation. 7 8JJ (1) The following standards shall be met when installing the required landscaping: a. Plant materials shall be located to provide reasonable access to all utilities. b. All required screening or buffering shall be located on the lot occupied by the use, build�ing, facility or structures to be screened. No screening or buffering shall be located on any public right-of-way. c. Sodded areas on slopes shall be staked. d. Seeded areas shall be mulched with straw to prevent erosion. Hydro mulching is acceptable. e. Oak trees shall be surrounded by snow fence or other means at their drip line to prevent compaction of their root systems. f. Plantings shall not be placed so as to obstruct lines of sight at street corners and driveways. g. No plant materials reaching a mature height of twenty (20) feet or more shall be planted within a twenty-five (25) foot lineal path of the centerline of an overhead power line. (2) The applicant shall install all landscape materials within one year; but shall have three (3) years within which to install the required landscaping if the following minimum standards are met: a. First year 1) All grading is completed, including installation of berms. 2) The required irrigation system is installed. 3) Areas to be seeded and/or sodded are installed. 4) Screening for adjacent residential areas is installed, if required. 5) Twenty-five (25) percent of the required over-story trees are installed. 8 8KK 6) Twenty-five (25) percent of the perimeter landscaping is installed. b. Second year 1) The remainder of the perimeter landscaping is installed. 2) Interior landscaping is installed. 3) Fifty (50) percent of the remaining required over-story trees are installed. c. Third year Any remaining landscaping shall be installed. L. Maintenance. (1} The property owner shall be responsible for replacement of any dead trees, shrubs, ground covers, and sodding. If any plant materials are not maintained or replaced, the property owner shall have, upon written notification from the City, one growing season to replace said materials before the City shall maintain or replace said plant materials and assess the property for the costs thereof. Plant materials need not be replaced specie for specie; however, in no case shall the number of plant materials be reduced from the minimum that is required by this section when replacing dead plant materials. (2) Screen fences and walls which are in disrepair shall be repaired. � � � unroF F�� Dl1TB : TO: FROM: BQBJE :T: C01ViMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM October 30; 1990 � /� - William Burns, City Manaqer��, Jock Robertson, Community Development Director Ba.rbara Dacy, Planning Coordinator Liaa Campbel�'�lanninq I�asociate Establish a Public Hearing on Ordinance to Collect Recycling Fee This is to request that the City Cour�cil on November 5, 1990, act to establish a public hearing on an ordinance that would allow the City to collect a monthly recycling fee of rouqhly $0.63 or $2.50 per cuarter. The preferred public hearing date is November 19, 1990. A tentative schedule for implementation of the ordinance is giver below: November 5, 199.0 November 19, 1990 December 3, 1990 January 1, 1991 LC :1 � M-90 -780 Establish public hearing Public hearing First reading Second and Final reading Effective date � �o MEMORANDUM � TO: William W. Burns, City FROM: DATS: � 1�. Manager i � • .� John G. Flora,�lublic Works Director October 31, 1990 BIIHJFCT: Storm Water Improvement PW90-431 When the Skywood Motel project was constructed, a detention pond was �laced along 52nd Avenue with a surface outlet draining to the stre�:t. We have found that during cold weather periods, this cont: �ibutes to ice forming in the street as well as in the entrance way ':o the Skywood Shopping Center. When TCF proposed improving their property, we discussed the option of c�nstructing a storm sewer pipe from the Skywood Motel pond conn:cting to the catch basin on Hiqhway 65. Currently, TCF is in the �rocess of upgradinq their property. We hive received two (2) quotes: one from the TCF contractor and ane Erom Volk Sewer & Water, Inc. for placing a storm water pipe in t1e street from the Skywood detention pond to the catch basin. Volk Sewer & Water, Inc. provided a low quote of $5,300.00 to do this work. As tnis project is a benefit to the area and safety to the traffic system, we propose to do this work this fall prior to the closing of the asphalt plants. Thi: project was not included in the original 1990 Storm Sewer Pro:ect List but is essential for improved safety to the City. Reccmmend the Council approve a motion for a supplemental app� �opriatian from the Storm Water Reserve to the 1990 Storna Water Pro�ect for the 52nd Avenue storm drain extension of $5,300.00. JGF, 'ts Att+ �chments �r • �. � 61253 0164 Volk Sew�r & Wa��r. Inc. 6123310164 P.02 �'OLK 5��'�'�R 8� tiZ'ATER, �1�►C. � Seti. er & �Yater Cantactor eoo9 eau cr.•k Coun • Srookly� tifk. MN ss4zs •(a�2► S3�-Z�2t QOOTB Octob� �r 25, 1990 Ci�y �f Fridley 6431 Jniversitp Ave. N.E. Fridl �y, MN 55432 Attn: Jon Thompson Job site: 52nd Ave., east of Highway 65 Quote: Voik Sexer b Wa�er proposes to instal2 approxfmately 300' of 6" PVC, at the above site, as per plan, including restoration for t�e sum of �5,300.00 (ffve thousand, three hundred doliars and no/100). S i gn E d ��A,f.�,1 c. �•�-�%p�..� �. • 0 0 � 10A OCT c6 ' 9� � 1� 56 MAE�TENS-BREhN`1Y CSTN P.li1 �,,�R �N,S . .BREr,TNY CONSTR UCT'IUN COM�'AN�' 10B 8251 Main Street N.� / Minneapoiis, MN 66432 (612) �88-4779 / Faz 78s-6973 General Contractvra I Commerc:.a�l • Indr�eatr'ial Octobe� 26, 1990 CITY O' FRIDLEY 6431. U �iversity Avenue NE Fridle,�, MN 55432 ATTN: Mr. Mark Wznson RE: FROPOSED 52ND AvENUE STORM SE6�R Dear ! r . Winson : We ha��e revie��ed the plan on the above project, and pxopose to co��plete the required work for the lurnp sum amount of $7,800.d0. This �>rice is based upon receiving a Notice to Proceed no �ater than .0/38/90. If yoz have any questions regarding the above,�please feel free to call. , �/ � , i ��'1� � ��, . ; +� / ��%. - � - - / MEMORANDUM � TO: William W. Burns, City Manaqer �� PW90-432 FROM: John G. Flora, Public Works Director �/��lyde V. Moravetz, Cable Coordinator DATS: November 1, 1990 SIIBJE�:T: Proposed 1991 Agreement Between City of Fridley and the Anoka County Communications Workshop Attacied is a proposed agreement between the City and ACCW for the year 1991. As you know in the past, the City has given the workslop a percentage of the Cable Television 5 percent franchise fee. In recent years, that percentage was 50 percent of that fee. Recertly, the Council has indicated a flat amount of $35,000 be giver to the workshop for the year 1991. The proposed aqreement signEd by the ACCW incorporates that $35,000 amount. Other than the c,ollar amount, the proposed agreement is worded the same as the ?990 approved agreement. As i� � the past, the fran<;hise payments, budg� :t year 1991. JGF/+ :VM/ts City shall pay upon receipt of the quarterly four (4) equal payments of $8,750.00 for the 11 �- • �. � 11A Th is agreement made and entered into tnis ci�y o� . 19�0. by ar� Detween th � CttY ot Frtdley, a Mtnnesota munic�pal oorporat�on. in the Uounty ot Moka� Stete of M n�esota, hereinafter reterrr+��d to es "the C1ty" � and ihe Ar�olca Counly Communlcatlons W�rkshop, Ir�orpornted, a non-protit corporation in tt�e County otAnoka, State ot Minnesota, w tnesseth: F� r and in canslderation of the Rromises. covenants, terms and provisions herein contalned� the p� �rties hereto mutual ly agree as toliows: 1 Period of Agreement. This a�preement for a 12 month period, shall be effective Januery 1, � 1�91 through December 31, 1991, unless otherwise terminatsd by either party with 90 ddys v► rttten notice. Upa� terminatian of the a�eement. nli uncAmmitted portfons ot the qrant sheil b j returned to the City. Final determinetion of eny such unconnmltted amount shall be as d�termined and agreed upon by the City Manager and the Anoka County Communlcatta�s V �orkshop, Inc. � ;. Responsibilitl� ot the Anoka County Communications Workshop, Inc. Tt� ACCW a�rees to � rovide, on behalf of the City, services to Fridley residents as follows� a. To educate members of the public to the potential uses of v�deo communicat�ons in the � ommumtv. b. Ta provide treining and technical assistance that will promote citizen use of available ;abie casting facilities as a non-commerical means of communications. c. To serve as a resource center for mformation, materials and equ�pment relating to the us� �f video as a communicstion medium. �. To serve as a receivinq, holdinq and disbursinq entity for monies intended to promote non- commerical citizens use of the channel. e. To provide at the request of the City, assistance to City staff in the programming ot its gove�nment access channel, at no additional c�t. 3. Anoka County Communications Workshop, Inc. turther agrees to keep and maintain a qualified staff of personnel, both paid and volunteer, necessary to perform the services herein set forth. 4, For the period of this a4reement the City wiil qrant to the Anoka County Communications Workshop, Inc. �35,000 trom the cable franchise fee trom the current cable company to the C1ty. Said amount shall be payable upon revelpt by the Ctty oi the quarterly tranchlse tee psyment from the cadle company. 5. Anoka County Communtcations Workstwp, Inc. shall keep accurete end complete records of tlnanctai trensacttons and shall provtde to the City. on a quarterly basisApril 1, 1991, July 1. 1991, October 1, 1991, and February 1. 1992, a compiete written financial report of its operations durinQ the period of this apreement. Seid records shall include � accountinq system maintained in n qenerally accepted manner � tncludir�, it applicable� the tiling of proper ta�c returns to the Federal and State Governments. such as payroll tax returns or oorporate inc�me tax returns. 11B S� �id r�ecords shelt be avallable tor tnspection by the C1ty Manaqer, members of tf�e Cbunctl. and Ce �le Oommisston Members durinq requler basiness hours. 6. ACCW shall provlde to the City a wrttten report af tts operatlonei activlttes,lnciudtnq w btever dete will assist the C1ty In evaluetinq the ettectiverress of the ACCW in the provisio� of th � serwioes herin set torth. Seid report wtll be provlded to the C�ty within sixty ddys atter a mpletion of this aqreement. ACCW wtll also provide lnterim propress reports of its q erationai activittes Aprtl 1� Juty 1, October 1, and Febru�y i. 7 ACCW shell indemnify� save end hold harmless the City and all of its offioers. aqer�ts and e� npiayees trom any and all claims f� losse.s, injuries� dernages and liabilitles to persons or p•operty occastoned wholly or in part by the acts or omissions of the AOCW, its agents, otticers, e npiayees� members. gue.sts, patrons or any persa� or persons associeted with the ACCW for a �y purpose, E. insurance. The AOCW will provide proof of liability insura�ms, naming the City as an t�ditlonal insured 1n an amount and form as approved by the City Manaqer. !�. 7he ACCW shall provide the City documentatlon that it has obtained non-profit tax-exempt � tatus trom the Federei Internal Revenue Servtce and the State o! Minnesota Department ot I tevenue. I 0. it is understood end sgre.ed that no alteration or variation of the terms of this agreement ;hall be valid uniess made in writing and signed by the parties hereto. I 1. I n the event ot e br�ch by the ACCW of the terms or condtt�ons of the Agreement � the City ;hall have, in additlon to any other legal recourse, the right to terminate this Agreement. In witness whereof, the parties have caused the Agreement to be executed by their proper oificers, thereunto duly euthorized. Wiine�: � � / ._:_ �. �� / � William W. Burns, City Manager . �,1r�►`R'_„Wt�;• i E. � �a � �w rperson David S. Harvet. ACCW Tressurer 12 CITY OF FRIDLEY M$ M O R A N D O M `�• Tp; 11ILLIAM W. BIIRNB, CITY MANA(�ER ,�!R FROM: RICHARD D. PRIBYL, FINANC$ DIR$CTOR BIIBJ BCT: �il�MBLING LICBNSE FOR TH$ CHURCH OF TH8 I�ACIILATE CONCSPTION DATE: NoveIDber 2, 1990 The attached resolution approves the application for a Bingo Hall LicEnse to the Church of Immaculate Conception. The gambling loc�tion is the Knights of Columbus Hall. RDP� SAH Att� .chment 12A RESOLUTION NO. - 1990 ItE80LUTION I1�1 BiTPPORT OF !1N lIPPLZCATION FOR A LAWFUL QAMHLING LICENBE TO THE CHIIRCH OF THE IMMACULATE CONCEPTION WHEREAS, the City of Fridley has been served with a copy of an Application for a Bingo Hall License by the Church of the Immaculate Conception; and WHERIAS, the City of Fridley has not found any reason to restrict the :ocation for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the city of Fridley approves the Bingo Hall License Application by the Chur�:h of the Immaculate Conception to be held in the Knights of Colu: ibus Hall . PASS�D AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR ATTE ST : SHIFLEY A. HAAPALA - CITY CLERK 13 Octoker 23, 1990 !��, TO: William W. Burns •' City Manager � FR: Jack Kirk �' Recreation & Natural Resource Director RE: FLANERY PARR $HELTER PROJECT A Jui e 11, 1990 memo from John Flora and Mark Winson, regarding the Flan��ry park shelter and change order #2, outlined a breakdown of cost> and funding sources for this project. It identified the wate� and sewer service for the building at $4,869, with the fund_ng sources being the Water and Sewer Funds. The :'inance Department has pointed out that in order to provide the prop�r accounting for this project, it is necessary to capitalize all �osts associated with this building. To maintain an accurate Fixei Asset Schedule for our buildings, the water and sewer costs shouLd come out of the Capital Improvement Fund. The :.otal costs for the Flanery park shelter are as follows: The Base Building ...... ...............$71,072.00 Outside Drinking Fountain .............. 820.00 Water & Sewer Service .................. 4,869.00 Change Order #1 ........................ 2,550.00 Change Order #2 ........................ 300.00 Change Order #3 ........................ (170.00) Sewer Availability Charge .............. 600.00 GasService ............................ 876.00 Electric Service (to building)......... 1,201.00 Electric Service (Hockey Lights)....... 1,797.00 Advertising For Bids .................. 220.69 TOTAL: $84,135.69 Al1 of these costs should be charged to the Capital Improvement Func.. This amounts to a need for an additional $4,135.69 app��opriation to the Capital Improvement Fund for this park pro:ect. I recommend that the City Council approve a Resolution aut]�orizing changes in the Capital Improvement Fund, Park Imp:•ovements Division. JK: >j 13A RESOLIITION NO. - 1990 RESOLUTION AIITHORIZING CHANGE$ IN APPROPRIATIONS FOR THE CAPITAL iMPROVEMENT FUND, PARR IMPROVEMENT DIVISION WHER�AS, the City of Fridley's Flanery Park Shelter project incltdes the electric and utility costs in the total project cost, and WHERI�AS, funds of $4,135.69 need to be allocated to the Park Sect:.on Capital Improvement Fund to defray these costs, and WHER:;AS, a supplemental appropriation to adjust the original 1990 Budg��ted Project Cost is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Frid.ey that the 1990 budget be amended as foZlows: CAPITAL IMPROVEMENT FIIND Project Area: Parks Revenue Ad; ustments Fund Balance .................................$ 4,135.69 Appropriation Adiustments Capital Outlay ...............................$ 4,135.69 PAS:ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH DAY OF NOVEMBER, 1990. WILLIAM J. NEE - MAYOR ATT �ST : SHI2LEY A. HAAPALA - CITY CLERK � � cinroF F�� DATE ; TO: FROM SUBJ: :CT : C011ILMUNITY DEVELOPMENT DEPARTMENT' MEMORANDUM October 29, 1990 �,J � i� William Burns, City Manager �•� Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Resolution Approving Sullivan's Overlook, P.S. #89-01 �4 Atta:hed is a copy of the final plat for Sullivan's Overlook, crea �ing two lots on the property addressed as 1161 Regis Lane N.E. The �ity Council conducted a public hearing on this plat on June 19, 1989. On May 17, 1989, the Planning Commission recommended appr�val of the plat with the following two stipulations: 1. 2. There shall be no grading below the 952 foot contour on the northeast corner of Lot 2. The access to Lot 2 shall be toward the westerly side of the lot and shall be hardsurfaced. At �:he October 15, 1990 meeting, the City Council approved a registered land survey enabling the petitioner to rectify legal description and title problems. The recording of this registered lanc survey has now permitted final action on the Sullivan's Ovei look plat. Reccmmendation Staif recommends that the City Council approve the resolution for the Sullivan's Overlook plat with the two stipulations recommended by i .he Planning Commission. BD/c ln M-9� I-776 14a RESOLUTION NO. - 1990 A RESOLUTION APPROVING PLAT, P.S. #89-01, SULLIVAN'S OVERLOOK WHER];AS, the Planning Commission held a public hearing on the Plat, P.S. #89-01, on May 17, 1989 and recommended approval; and WHER:;AS, the City Council also conducted a public hearing on the prop��sed Plat at their June 19, 1990 Council meeting and approved the >lat at their meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of l'ridley hereby approves the Plat, P.S. #89-01, Sullivan's OverLook, with the stipulations attached as Exhibit A, and auth�rizes the Mayor and City Manager to sign the Plat as prepared by K irth Surveying, Inc. BE TC FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR ATTi ST: SHII;LEY A. HAAPALA - CITY CLERK 14B Exhibit A 1. rhere shall be no grading below the 952 foot contour on the northeast corner of Lot 2. 2. The access to Lot 2 shall be toward the westerly side of the lot and shall be hardsurfaced. .. . ., ,... . . , . � �t �� . .�. � � � r . r ,l' � �f'1 J . � J \ � �. J/' ^ I • � � � �� S �, � 1 %4 �� \,_i � � �. �-� : � �♦ . +•i ,w�,�aae ist s�tvo w��n�,rv� so, �n •S•�•�`v i�vht` •a� �JM � 1 NO��/iN3Mf�� 7R{1U1L3 Y71 • • •sz•o.. vc�c oer��o +n+�-, icv� �-- OL'S%1 1-11tlOS C I , �� . — �_ - --o4.•9a-- 'r) ' --o►+'bh-- �� i •.-♦ � ,.� .� � ,�,s I ; ��, I � �_J �I J I �' � I � I �;•. I �� ' �� ^ . C� , ��_ � � � � � , � � � � �� _ _ _.! _.1 .� � �n � � : � i a ,; � o � __. � Z � A � N W r � . r '" 9) a ',_`, r ��t ( � --, d __� z J S � O �� z 1 •,, . � ;•�, ni i � _. � ,, ..� O _�y � ��` ! ZL•LZ� F111doN _ �, , _ � L= i �`; �. . --1 , ,__ � � �� +._ lQ � �r til � � � ; _. �► �.� ' ' 1 � o � o V � � °• ' Y �p N- � � �" o $ � .' � � � 3 ; � , O � _.� ( �i � < _ .-- � 0 � • i l j � � o :... .:- b 1 � - �; � � u �_J > � Z Z /- - 1 _)� �Y' ' � � f: 2 ` .. _ ;� L- Sp.B „__� � � 'o- b �'�. _ ---� 3 �'� �� y�, �' , '� \\ �,8�� F `i _� � ' ;y v r � .� � ._� �i �� S \� --- I ` r o �Yl g � N � �� 1ln � 1 i � � 1 —�T�� `,�: �.�;/ , , 1 � � n'p+'�'ot�r`11 T �• � � I �soo►�iavra`3Nn .�.w�r�� I t=% ,�� - � � / •� - —� _0004 � —• — �/ °� � 14C ,, ��a `ji i �� • �,' -arc�. __1 �� I ` \ I I _ ,�� ,� ; �,. � - „ = - .. ., �< •=- I�=� � � � = +. , � --t � � ' ::1 I�� ,,. . +�`,� �\ `_t_ � �, ._, � ��J d " � --> _._ � o J__. u � 1 I s '�� l:� ° I � 'i.s.1 �9 . . � , . I �.- r `� � � ; � � � �� ,� ��- z � 9 � � � -- g � 7 .. � �f I � i:� 0 � ,:( r X� I �. W � �•-- � A '�� I U ��. 'g �-- �a � � ' i:-� '^ � � � �(` °r �►- �_� o - o� � ;,��' Y�� ,� �' ' _.1 I W\ ---- � � 1 T NH �i� � LL� �� ( �a �; f� I V y MS y � Y W� �� Q � i a.� E "r Y WO =a Zf� ;� / � � /11 bh.L:� � _ 20'914 • �-�`c_ - - • °r- ' _ � � cinroF F�� C0�IILMUNITY DEVELOPMENT DEPART'MENT' M EMO RAN D UM DATE November 2, 1990 � . TO: William Burns, City Manager\, �r FROM; Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJ �CT : 15 Resolution Approving Plat, P.S. #90-04, by Dayton-Hudson Corporation Atta�hed is the resolution approving the final plat, Target Nortr�ern Distribution Center 2nd Addition. The Planning Commission at tzeir September 12, 1990 meeting voted unanimously to recommend appr�val of the plat request with the following stipulations: 1. A landscape plan which provides for screening and buffering of the adj acent park property and from Highway 65 shall be submitted for staff�approval prior to construction of the parking area. Planting materials shall include 70 lilacs, 31 Amur Maple, and Boston ivy shall be planted 8 feet on center along the fence along the south property line. 2. The parking area shall conform to the zoning code requirements and shall be constructed such that the hardsuface shall be 5 feet from the south property line. 3. The pallets currently stored at the south side of the building shall be either relocated to another location on-site or shall be stacked not to exceed the height of the fence. 4. 5. 6. 7. Slats shall be installed in the fence where landscaping does not screen the storage area. The property shall be cleaned of construction debris and miscellaneous building materials. A park fee of $.023 per square foot shall be paid by the petitioner prior to construction of the parking area. This parcel shall be combined with the Target Northern Distribution properties. 15A P.S. �90-04, Target Northern Distribution Center 2nd Addition Novem�er 2, 1990 Page 2 The City Council will have held the public hearing earlier in the meet� ng . Stafi recommends that the City Council approve the attached reso] ution. MM/di M-90- 722 15B RESOLUTION NO. - 1990 A RESOLUTION APPROVING PLAT, P.S. #90-04, TARGET NORTHERN DISTRIBUTION CENTER 2ND ADDITION WHERI;AS, the Planning Commission held a public hearing on the Plat, P.S. �90-04, on September i2, 1990 and recommended approval; and WHER::AS, the City Council also conducted a public hearing on the prop>sed Plat at their October 15, 1990 Council meeting and appr�ved the Plat at their meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of F�idley hereby approves the Plat, P.S. #90-04, Target Northern Dist^ibution Center 2nd Addition with the stipulations attached as Exhi�it A, and authorizes the Mayor and City Manager to sign the Plat as prepared by Clark Engineering Company. BE Ir FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PAS�ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR ATT] IST : SHII:LEY A. HAAPALA - CITY CLERK 15C Exhibit A 1. A landscape plan which provides for screening and buffering �f the adjacent park property and from Highway 65 shall be submitted for staff approval prior to construction of the parking area. Planting materials shall include 70 lilacs, 31 Amur Maple, and Boston ivy shall be planted 24" on center along the fence along the south property line. 2. The parking area shall conform to the zoning code requirements and shall be constructed such that the hardsuface shall be 5 feet from the south property line. 3. The pallets currently stored at the south side of the building shall be either relocated to another location on-site or shall be stacked not to exceed the height of the fence. 4. Slats shall be installed in the fence where landscaping does not screen the storage area. 5. The property sha1Z be cleaned of construction debris and miscellaneous building materials. 6. A park fee of $.023 per square foot shall be paid by the petitioner prior to construction of the parking area. 7. This parcel shall be combined with the Target Northern Distribution properties. - _ CITYOF f ��.� MEMORANDUM Municipal C�nt�r a431 Univ�rsity Avs�u� N.E. F�fdl�y, MN 55432 (612) 571-3450 TO: FROl+ : Dl�T� : BIIB� ECT: Office oi the City Mana�er William W. Burns The Honorable Mayor and City Council William W. Burns, City Manaqer,�.�' � November 2, 1990 Proposed 1991 Calendar Att<<ched for Council's approval is a Resolution Desiqnating Time and Number of Council Meetings, and a proposed 1991 calendar of Cit�� Counci]. meetinqs and the holiday schedule for City employees. Ple� �se note that the Thanksgivinq holiday is on November 28 and 29, ratlier than November 21 and 22 as indicated on the calendar pre•�iously submitted to Council for review. /rs � Att3chment 16 jtB80L�'PIO�T �i0. - 1990 RS80LIITIO�T D$SIG�iATIiTG TIl[E 711�TD �TUIiBBR O? COD�TCIL l[$BTINaB WHER:AS, Section 3.01 of the Charter of the City of Fridley requ.res that the City Council meet at a fixed time not less than once each month; and WHER;AS, Section 3.01 of the Charter of the City of Fridley requLres that the Council shall meet at such times as may be pres:ribed by resolution; and WHER�AS, it is the intent of the Council to comply with the open meeting provisions contained in Minnesota Statutes 471.705 as interpreted by the courts; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that: 1. The Council will hold reqular meetings in the Council Chambers of the Frid2ey Municipal Center, commencinq at 7:30 p.m. on the followinq Mondays in 1991: January 7, January 28, February 11, February 25, March 4, March 25, April 8, April 22, May 6, May 20, June 3, June 17, July 1, July 22, August 12, August 26, September 9, September 30, October 7, October 21, November 4, November 18, December 2, and December 16. 2. The Council will hold conference meetinqs at the Fridley Municipal Center, at which time matters are discussed but no formal action is taken, commencinq at 7:30 p.m. on the followinq dates in 1991: Monday, April 1; Monday, April 15; Monday, May 13; Monday, July 29; Tuesday, September 3; Monday, October 28; and Monday, November 25. 3. On the dates of reqular Council meetings, conference meetings will be held in the Fridley Municipal Center at 7:00 p.m. and followinq adjournment of each regular meeting. PAS3ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR AT'I EST: SH7RLEY A. HAAPALA - CITY CLERK . ', _ � UIYOF F1tIDLEY 1991 CALEN DAR CITY COUNCIL III�ETING AND HOLiDAY SCHEDULE January t�91 S QA T W T F S y( 2 9 4 S 13 14 15 16 17 10 19 1�0 22 23 24 25 26 Z7 � 2� 30 31 S�rl�I T w T F s8 1 2 3 4 12 14 15 16 �7 18 1� 2t 2� 23 2t 2S 26 28 25 30 31 SpMm�N T F S 1 � � 5 6 7 e 1 1' 12 13 14 ` �2� F�brt�sry 1l91 S IiA T W T F S 1 2 10 1 12 13 14 15 16 17 19 ZO 21 22 23 21 26 27 28 8 M T W T F9S 1 16 18 1 � � 25 26 2T 28 29 O�tobsr 1991 S M T W T� S d 8� 10 11 12 13 15 16 17 18 19 20 22 23 24 25 26 29 30 31 gonl�r�ac• iah�Qui• March 9 - 1>. NLC Conqresaional City Conference Washington, D.C. June 11 - 14 Leaque of Minnesota Cities Rochester, Minnesota September 22 - 26 ICMA Confer ence Boston, MaFSachusetts December 6 - il NLC Conqrefs of Cities Phoenix, A� �izona �3C X = Hol id� �ys O = Counc.l Meetinqs - Confe-ence Meetinqs Budge: Work Session Dates: June i, 10, 24 & 26 S Mh TW T F9S 1 13 14 15 t7 t 20 21 22 23 31 �27282�30 JSyy� TW T F9S (1�23�Y6 � a! 10 11 12 13 14 /6 17 1A t� 20 � 3�0312S262T Nov�mbe� 1991 S M T W �; 9 10 12 13 14 16 16 1y 1�20212223 Z4 Z6 27 `�(al[ 30 .: ��i �sa� IiA T W T F S 7 9 10 11 12 13 1< 16 17 16 /9 ZO 2e �p ?� 25 26 27 �S IuiAs� 7 W T F S 1 2 3 1 1 1 3 1 4 1 5 1 6 1 7 te 20 2t 22 23 24 25 27 28 29 30 31 Oecember ! 991 S T W T F S 4 t2 1 14 15 17 18 19 20 21 22 24 � 26 27 28 29 30 31 I.�Qai Hoifaavs Jan. 1 New Year's Day (1) Jan. 21 Martin Luther Kinq Jr. Day Feb. 18 Presidents' Day I�Iay 27 Memorial Day July 4 Independence Day Sept. 2 Labor Day Nov. il Veterans Day (1) Nov. 28 Thanksgiving Day Dec. � Christmas Day 9 Holidays l�dditional Holidays July 5 Friday After Independence Day Nov. � Friday After Thanksgiving 11 Total Holidays Council meetinqs will be held on the first and third Mondays of May, June, October, November and December; the second and fourth Kondays of February, April, and August; the first and fourth Mondays of January, March and July; and the second and fifth Mondays of September. Conference meetinqs will be held on the first and third Mondays of April; the second Monday of May; the fifth Monday of July; the first Tuesday in September; and the fourth Monday of October and November. � FRIDLEY CITY COUNCtL � -„ ,,,�,� �TOVEM88R 5 � 19 9 0 tNFORMAL STATUS REPORTS � CI7Y ( FRIDL l [•� � � Type TRANS Sher' 1�0 F Rosvi � � FOR CONCURRENCE BY THE CITY COUNCIL LICENSES 19A GENEPAL CONTRACTOR Jansi�k 6480 5quire Drive NE Fridley, MN 55432 M.L. Construction Inc. 6515 Cecilia Circle Bloon ington, NIId 55439 Nedecaard Construction 1814 Northdale Blvd Coon Rapids, MN 55433 Rich�rd Wright Siding 1124: Magnolia NW Coon Rapids, MN 55433 HEAT: NG EAC : nc . 2948 Rice Street St. ] �aul, NIIJ 55113 Gary Jansick Michael Leuer Gill Gruber Richard Wright Wayne Hoover MASOI fRY Asph��lt Specialties Co., Inc. P.O. Box 838 Lake:.and, MN 55043 Erik Peterson DARREL CLARK � Chief Bldg Ofcl Same Same Same CLYDE WILEY Bldg/Mech Insp DARREL CLARK Chief Bldg Ofcl PLUM: tING Gala:y Mechanical Contr. Inc. 3151 - 101st Avenue NE Blai ie, NIIJ55434 Warren Zimmerman Raym�nd E. Haeg Plumbing Co., Inc. 7226 Cedar Avenue South Rich'ield, MN 55423 Raymond Haeg L.R. Johnson Homecrafters 5824 Bryant Avenue N Brooclyn Center, MN 55430 Larr� Olson Plumbing 3232 Warner Lane Moun �, MN 55364 ROOF LNG The �uimby Company 1132 Stinson Boulevard Minneapolis, MN 55413 Leonard Johnson Larry Olson Beverly Hoover STATE OF MINN Same Same Same DARREL CLARK Chief Bldg Ofcl , 19B FOR CONCURRENCE BY THE CITY COUNCIL LZCSN8E8 Novembe.r 5, 1990 OWNER MULT:PLE DWELLING: Arth� ir Quiggle III 1906 Stinson Pkwy. Mpls MN 55418 Lang�Nelson Associates 4601 Excelsior Blvd. #650 MpZs MN 55416 Robe �t Huber 1838) Gladiola NW Ceda �, MN 55011 Mich iel Smiej a 7 4 2 +1. Cnty Rd . B Rose�ille, MN 55113 Larr� & Wendy Ehnert PO B �x 264 Unal3kleet, AK 99684 Roger Gorman 5315 71st Circle N Brocklyn Center, MN 55429 LOCATION OF BUILDING UNITS FEE 101 Pilot Ave. 195 Satellite Ln. 5335-37 6th St. 1601 N. Innsbruck Dr. Unit 234 1601 N. Innsbruck Dr. Unit 224 1601 N. Innsbruck Dr. Units 282, 237, 355 1 18.00 20 65.00 1 12.00 1 12.00 1 12.00 3 36.00 APPR�)VED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR � � GTYO � FRIDLf �' FOR CONCIIRRENC$ BY T$B CITY COIINCIL NOVEMBER 5, 1990 Insit uform Central, Inc. 1798f Edison Avenue Chesi .erf ield, MO 63005 20 BSTIMATES Storm Sewer Pipe Repair Project No. 209 (Onondaga Street) FINAL ESTZMATE: . . . . . . . . . . . . . . . . $ 38,801.20 Keys Well Drilling Go. 413 dorth Lexington Parkway St. ?aul, MN 55104 Monitoring Wells at Commons Park Project No. 208 FINAL E$TIMATE: . . . . . . . . . . . . . . . . $ 12,159.00 Herx ick & Newman � 205 Fridley Plaza Office Bldg. 640] University Avenue N.E. Fric ley, MN 55432 Services Rendered as City Attorney for the Month of October, 1990 . . . . . . . . $ New��uist & Ekstrum, Chartered 301 Fridley Plaza Office Bldg. 640. University Avenue N.E. Fri� tley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of August, 1990 .....$ 6,276.28 8,030.00 ii ' CINC �F FRIDL Y FOR CONCIIRRENCE BY THE CITY COIINCIL �TOVEILBBLL S , 19 4 0 AEC :.nqineers & Designers 511 �� lith Avenue South Minn� :apolis, 1�1 55415 20 ESTIMATES Phase II - 3 MG Concrete Reservoir Repair Project No. 200 (Inspection Services) Partial Estimate . . . . . . . . . . . . . . . . $ 7,598.07 Lind� �hl & Carlson 1821 University Avenue Suit� � N318 St. l �aul, MN 55104 1990 Miscellaneous Concrete Curb, Gutter & Sidewalk Project Estimate No. 4 . . . . . . . . . . . . . . . . . $ West� �.rn Waterproof ing 2838 Stevens Avenue South MinnE.apolis, NIIJ 55408 3,120.75 Phase II - 3 MG Concrete Reservoir Repair Project No. 200 Estimate No. 2 . . . . . . . . . . . . . . . . . $ 115,403.?6 � �ROM: Ciry of F idley Engineer ng Division � TO: Honorable I Aayor and City Council City of Fridl ,y 6431 Unive sity Avenue N. E. F�idley, Min �esota 55432 DATE: Novembe r 5, 1990 I CONTR� �CT ITEM lnsituform Lining Mobilization and CITY OF FRIDLEY PUBUC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY� MINNESOTA 55432 RE: FOR Estimate No. 1 (FINAL) Period Ending: November 5, 1990 INSITUFORM CENTRAL, INC. 17988 EDISON AVENUE CHESTERFIELD, MO 63005 STORM SEWER PIPE REPAIR PRWECT NO. 209 (ONANDAGA STREE� 60 32 STATEMENT OF WORK ESTIMATE UNIT QUANTITIE PRICE UNIT ��UANTtTY THIS� AMOUNT ESTIMATE TO DATE 1 : 340 111.18 Lin. Ft. 340 537,801.20 Demobilization 1 1,000.00 L.S. 1 1,000.00 TOTAL �38,801.20 mate No. 1 (FIN. ►L) �uform Central, I ic. �e Two ember 5, 1990 Original ContraCt An ount Revised Contract Ar �ount Value Completed to �ate �lmount Retained (0� �o) ess Amount Paid P eviously DUE THiS ESTIMATE �E CONTRACTOR t38,801.20 so.00 t38,801.20 50.00 ao.00 538.801.20 20C hereby certify that t ie work performed and the materials supplied to date under the terms of the contract for this roject, and all authc rized changes thereto, have an actual valus under the c�ntract of the amounts shown on this stimate (and the fin il quantities on the final estimate are correct), and that this estimate is just and correct and no part of the "Amount )ue This Estimate" has been received. gy �7L`�` � � � ��c • Date ' � Co r ctor's Autho �ized Representative (Title) seph F. 0]son, Vice President Finance & Admn. CERTIFICATE OF TI IE ENGINEER 1 hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this estimate unde� the c� mtract for reference project. CITY OF FRIDLEY, I �SPECTOR � By � - Checked B � .: : � . �' , Respectfully Submitted, / 'C/` kt hn G. Flora, P.E. Public Works Director Novem�er 5, 1990 To: Public Works Director 20D :ity of Fridley �tSPORT QN FINliL INSP$CTION FOR CITY OF FRZDLBY STORl+i 8 R PIP$ REPl►IR PRO.7BCT NO. 209 We, tl�e undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially compl�te in conformity with the plans and specifications of the proj e� :t . All d�:ficiencies have been corrected by the contractor. Also, the work Eor which the City feels the contractor should receive a reduc��d price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attacl�ed FINAL ESTIMATE for the contractor and the one-year maint�:nance bond, starting from the day of the final inspection that i�eing SEPTEMBER 30. 1990. ��L2-�C;�-�.�-�^-- n, Public Works Superintendent ��.�J uP� s�� , :o ractor Representative, (Title) Joseph F. Olson, Vice President Finance � Administration 20E Novemi>er 5, 1990 City � �f Fridley STORM SEWER PIPE REPAIR PROJECT NO. 2�i9 (ONONDAGA STREET) �BRTIFICATB OF CONTRACTOR This :.s to certify that items of the work shown in the statement of wo�k certified herein have been actually furnished and done for the a�ove-mentioned projects in accordance with the plans and speciiications heretofore approved. The final contract cost is $38,8�1.20 and the final payment of $38,801.20 for the improvement project would cover in full, the contractor's claims against the City f or all labor, materials and other work down by the contractor under this project. I dec: are under the penalties of perjury that this statement is j ust � nd correct . INBITtFORM CENTRAL, INC. ' ��`�j I _ j i`y.�`' Jos i F. Olson, V.P. Finance & Admin. 20F Noveaber 5, 1990 City �f Fridley STORM SEWER PIPE REPAIR PROJECT NO. 2)9 (ONONDAGA STREET) BREVPiILING 11A�$ VEItIFICATION This .s to certify that Insituform Central, Inc. , has abided by the Preva '�.ling Wage Provisions as specified by the Minnesota Department of La:>or and Industry for Anoka County. I dec lare under the penalties of perjury that this statement is j ust � �nd correct . ZN8IT1 tFORM CENTRAI,, INC. ,�� J Pi: F. OISON, V.P. FZNANCE & ADMIN. CITY OF lRZDI.$Y PIIBLZC �OR�B DBP71itT1L8�iT ENaINSBRI�TG DIYIBIO�T 6431 IIniv�rsity 7►v�. , lt. $. lridlty, lOT 55432 November 5, 1990 Honozable Mayor and City Council City �f Fridley C/O Filliam W. Burns, City Manager 6431 University Ave., N.E. Fridl ey, l�I 55432 Counc il Members: CERTIFICAT$ OF THS ENaINEBR We h� :reby submit the Final Estimate for STORM SEWER PIPE REPAIR PROJF CT NO. 209, for Insituform Central, Inc. , 17988 Edison Avenue, Chesterfield, MO, 63005. We h,�ve viewed the work under contract for the construction of STORN SEWER PIPE REPAIR PROJECT NO. 209 (ONONDAGA STREET) and find the :ame is substantially complete in accordance with the contract docui,ents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one-year cont�actual maintenance bond commence on September 30, 1990. RespECtfully submitted, � -s-��'�- hn G. Flora Direc:tor of Public Works 20G � � � • - . . - . . �ILI '" / /' ' - -. . —� _�� ' iL� i FROM: City of I 'cidley Enginee 'ing Division i TO: Honorable Mayor and City Council City of Frit ley 6431 Unive rsity Avenue N.E. Fridley, Mi inesota 55432 DATE: Novemb� �r 5, 1990 CITY OF FRIDLEY PUBUC WQRKS OEPARTMENT 6�31 UNIVERSITY AVENUE N.E. FRtDLEY, MINNESOTA 55432 RE: FINAL ESTIMATE Period Ending: Novembe� 5, 1990 FOR: KEYS WELL DRILLING CO. 413 NO. �EXINGTON AVE. ST. PAUL, MN 55104 MONITORING WELLS AT COMMONS PARK PROJECT NO. 208 601 14 STATEMENT OF WORK 20H ESTIMATE UNIT pUANTITY THIS G�UANTITY AMOUNT CONTR �CT ITEM QUANTITIE PRICE ESTIMATE TO DATE TO DATE Mobilization/Den obilization 1 1,500.00 1 1 St ,500.00 Steam c4eaning � quipment 1 1,000.00 1 1 1,000.00 Drill and sample est well 292 8.00 292 292 2,336.00 Install 4-inch ste ;t raiser 246 6.00 2d6 2d6 1,476.00 Install 4-inch ste :I screen 30 45.00 30 30 1,350.00 Install filter pack 3nd seal 2 300.00 2 2 600.00 Grouting 4-inch nonitoring j wells 230 5.00 230 230 1,150.00 Develop 4-inch t�st well 26.5 100.00 26.5 26.5 2,650.00 Barafos mud thin ier 1 97.00 1 1 97.00 TOTAL a12,159.00 SUMMARY: Original Contract Amount � Contract addition >- change order nos. � Contract deductic ns - change order nos. i Revised Contract Amount � Value Completed To Date � Amount Retained (09�0) � Less Amount Pai� I Previously I AMOUNT DUE TI IIS ESTIMATE 59,910.00 2,249.00 0.00 12,159.00 12,159.00 0.00 0.00 t12,t 59.00 Keys Wel! DriN+n� � Co. FINAL ESTIMAT : Page Two November 5, 19S 0 CERTIFICATE C F THE CONTRACTOR 201 1 hereby certify t� iai the work performed and the materials supplied to date under the terms of the coniract for this project, and all a �thorized changes thereto, have an actual vslue under the contract of the amounts shown on this estimate (and th� i final quantities on the fina! estimate are conect), and that th+s estimate is just and correct and no part of the •Amc unt Due This Estimate" has been received. ,� By , . '` � -f --�,�c,� DBte �U! 2S �� C r' or's A it presentative (Titte) CERTIFICATE C F THE ENGINEER I hereby certify t�at I have prepared or examined this estimate, and that the contractor is entitled to payment of this estimate under t�e contract for reference project. CITY OF FRIDL Y, INSPECTOR By __�� i oace / o-.�2 's"-� 9 0 � Checked By� Respectfully ubmitted, � Z— o G. Flora, P.E. ublic Works Director NOVEM 3ER 5, 1990 To: ?ublic Works Director ;ity of Fridley �tBPORT OI�1 lINAL ZNSPBCTION FOR CITY O!' lRIDLSY MONITORING lI8LL8 11T CO2�tI�lONS Pl1R1C PROJBCT NO. Z08 We, t2 e undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially compl�:te in conformity with the plans and specifications of the proj e� :t . All dEficiencies have been corrected by the contractor. Also, the work Eor which the City feels the contractor should receive a reducEd price has been agreed upon by the contractor. So, there�ore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor. � Joh��,/F'lora, Public Works Dire 20J 20K Novem �er 5, 1990 City �f Fridley MONIT)RING WELLS AT COMMONS PARK ?ROJECT NO. 208 • h• �l+ �. � h' �• ' This Ls to certify that items of the work shown in the statement of wo: •k certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and speci`ications heretofore approved. The final contract cost is $12,1;�9.00 and the final payment of $12,159.00 for the improvement proje�:t would cover in full, the contractor's claims against the City i or all labor, materials and other work down by the contractor under this project. I dec.are under the penalties of perjury that this statement is just �.nd correct. KEYS 1'ELL DRILLING CO. � G r,,� Jeff - Sec a reasurer Noven ber 5, 1990 City of Fridley MONI7 ORING WELLS AT CO�ONS PARK PROJECT NO. 208 PREVAILIN(; 1rA�3$ PBRIFICATION This is to certify that Keys Well Drildslinq Company, Inc., has abided by the Prevailinq Waqe Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. 10EY8 IiELL DRILLING COMPANY ��/. L�/ , �� _ � � ,. � � _ j- " / - 20L CITY O� litIDLEY PIIHLIC wOR�B DEP�itTI[8�1'1' E�iGIlTBERZ�iG DIVIBION 6431 �niv�rsitp l►v�., �.8. Tridl�y, �L1T S543Z NOVEr[BER 5 , 199 0 Honoxable Mayor and City Council City of Fridley C/O hilliam W. Burns, City Manaqer 6431 University Ave., N.E. Fridl ey, I�1 55432 Council Members: • �1�!• � ,�� - 20M We he �eby submit the Final Estimate for Monitoring Wells at Commons Park Project No. 208 for Keys Well Drilling Company, 413 No. Lexin 3ton Parkway, St. Paul, 1�I, 55104 . We h�ve viewed the work under contract for the construction of MONIZ�RING WELLS AT COIrII�IONS PARK PROJECT NO. 208 and find the same is �ubstantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of th� work by your Honorable Body. Respe�tfully submitted, �� . Flora, P.E. irector of Public Works / ��Prepared by: Checked by : O�t � �-►-►-,��