The URL can be used to link to this page

11/21/1994 - 6172.� �. �:- r� ��'( FRIDLEY CITY COIINCIL MEETING �..J +� Ct1YOf a ft�a�r ATTENDENCE SHEET � ' Monday, November 21, I994 `'� 7:30 P.M. ,, ' PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER ;�� t� � � � �.1 ( � ��^\ �i�� G-�� I r ��. �� J �`�.3� � � j � �� n FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1994 OPEN FORUM, VISITORS: PUBLIC HEARINGS: Rezoning Request, ZOA #94-03, by David Stewart, to Rezone Property from C-1, Local Business, to R-1, Sing{e Family Dwelling, to Allow Parking and Dumpster Placement, Generally Located West of 5720 Polk Street and North of Moore Lake Apartments (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . Vacation Request, SAV #94-03, by Mearlin Norstrom, to Vacate Part of the Drainage and Utility Easements Generally Located at 501 Rice Creek Boulevard N. E. (Ward 1) . . . . . . . NEW BUStNESS: Page 2 ...................... 1-1L ......................... 2-21 Resolution Providing for the Issuance and Sale of the City's $485,000 General Obligation Bonds, Series 1994A . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 3X FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1994 Page 3 NEW BUSINESS (CONTINUED): Receive the Minutes of the Planning Commission Meeting of November 2, 1994: . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. Establish a Public Hearing for December 5, 1994, for a Rezoning Request, ZOA #94-05, by Bruce Moseman of Su�preme Tool, Inc., to Rez�ne from C-2, General Business, to M-1, Light Industrial, to Allow Construction of a Manufacturing Facility, Generally Located North of 7597 Highway 65 (Ward 2) . . . . . . . . . . . . . . . . . . . . . . ........................ B. Estabiish a Public Hearing for December 5, 1994, for a Rezoning Request, ZOA #94-04, by Dave Mclntyre of Ceres Environmental, to Rezone from M-2, Heavy Industrial, to M-3, Outdoor Intensive, Heavy Industrial, to Allow the Construction of Corporate O�ces and Outdoor Storage of Materials and Equipment as a Principal Use, Generally Located East of 5101 Industrial Boulevard, North of FMC, and Adjacent to the Burlington Northern Mainline (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . .......................... 4 - 4PP 4 -4D 4P-4Y 4D - 4M 4Z - 4PP MEETING OF NOVEMBER 21, 1994 Page 4 NEW BUStNESS fCONT1NUED): Receive an Item from the Appeafs Commission Meeting of November 8, 1994: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 - 5K A. Variance Request, VAR #94-29, by Carol Torkelson, to Allow a 15 Foot Free-Standing Sign to be Displayed In a Residential District from January through April 15 of each year, Generally Located at 6800 Brookview Drive N.E. (Ward 1) Authorize Reallocation of 1994 CDBG Human Service Funds ......................................... 6-6C Adopt Order to Raze a Hazardous Structure at 5335 Sixth Street N.E. (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7P Resolution Making Certain Findings Regarding Homestead Tax Treatment of Property in Hyde Park Being Purchased by Anoka County Community Action Program,lnc. .......................................... 8-8A FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1994 Page 5 NEW BUSINESS (CONTINUED): � Approve Contract for Executive Director for Clean-Up Week, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 90 Approve Proposed 1995 Agreement Between the City of Fridley and the Fridley Communication Workshop (ETC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 0 - 10C Approve Change Order No. 2 for Commons Park Shelter, Project No. 267 (Ward 1) . . . . . . . . . . . . . . . . . . . . . . 11 - 11 B Resolution Authorizing Acceptance of 5u��5 Certain Park Property Declared y Anoka County and Development of Said Property as a Fridley Neighborf�ood Park (Ward 2) . . . . . . . . . . . . . . . . . . . . 12 - 12B Resoiution Authorizing an Agreement with School District 14 for School/Playground Equipment Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . 13 - 131 FRinl FY [_IN [_[�I IN[_11 MFFTtNC� C)F NC�VFMRFR 71 194d Panp R NEW BUSINESS (CONTINUEDI: Resolution Designating Time and Number of Council Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-14B Informal Status Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Claims............................................... 16 Licenses .............................................. 17-17B Estimates ............................:................ 18-18N 0 ADJOURN: � THE MINIITES OF THE REGIILAR MEBTING OF THE FRIDLLY CITY COIINCIL OF NOVEMBER 7. 1994 The Regular Meeting of the Fridley City Council was called to order at 7:32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneide'r and Councilwoman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING. OCTOBER 17, 1994: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested that Council add the following item: (14A) Consideration of the Nomination of Potential Members to Serve on the Rice Creek Watershed District. MOTION by Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilwoman Jorgenson. Upon a voice vote, al1 voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. 1. PUBLIC HEARING ON EAST RIVER ROAD IMPROVEMENT PROJECT�_HARTMAN CIRCLE TO GLEN CREEK ROAD (WARD 3�: MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open 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 opened at 7:36 p.m. � FRIDLEY CITY COIINCIL MEETING OF NOVBMBER ?, 1994 PAGL 2 Mr. Flora, Public Works Director, stated that�the public hearing is for the assessment of the improvement of East River Road. He stated that Anoka County hopes to begin this project ne� spring with the construction of the asphalt surface, center medians, tur- ning lanes, traffic signal improvements, EVP signals, storm sewer installation, concrete curb and gutter and a bituminous bikeway/ walkway. He stated that City policy has been to assess for con- crete curb and gutter where there has been no previous assessment. He stated that 45 properties would be involved in the assessment for concrete curb and gutter at a cost not to exceed $9.00 per front foot. Councilwoman Jorgenson pointed out that the Sajady home on East River Road was demolished and asked if the County would pay the assessment for this parcel. Mr. Flora stated that the County would pay the assessment for the Sajady property. Councilwoman Bolkcom stated that several persons asked why they would be paying $9.00 a front foot when the cost has been $8.00 a front foot. Mr. Flora stated that the cost has been escalating and, therefore, a limit was set at $9.00 a front foot. He stated, however, that the cost may actually be less. Mr. Timothy Heldenbrand, 7321 East River Road, asked what was in- volved in the improvement of East River Road. He stated that he understands�the City has a 15 foot easement, and he did not need a new curb. Mr. Flora stated that the County is widening East River Road, and a series of public hearings has been held over the last several years. He stated that there will be two lanes of traffic in each direction with a median and protected turn lanes. He stated that a bikeway/walkway will be constructed within the street right-of- way which will be eight feet wide on the.east side of the road. Mr. Heldenbrand asked how he would keep his yard private with the bikeway in front of his home. Mr. Flora stated that he could install a fence up to four feet high or plant trees and shrubs. Councilwoman Bolkcom asked the distance from the bikeway to Mr. Heldenbrand's property. Mr. Flora stated that the property line will be approximately 20 feet from the curb, and there will be an eight foot asphalt bike path within that 20 feet. Mr. Heldenbrand questioned who really wanted the bike path. FRIDL$Y CITY COIINCIL MEETING OF NOVBMBER 7, 1994 PAQ$ 3 , Councilwoman Jorgenson stated that, the County feels there is a need to upgrade East River Road. She stated that the City is respon- sible for the bike path, and they felt they had to get bicyclists off East River Road. Mr. Heldenbrand stated there are only about two bicycles a week on East River Road. Mr. Flora stated that the Anoka County Park Department is construc- ting a bike path from the Coon Rapids dam all the way to Minnea- polis. The bike path is part of the system, and will connect with the regional trail system. Mr. Fox, 7231 East River Road, stated that he attended most of the hearings that have been held pertaining to the widening of East River Road. He stated that, at that time, there was consideration given to widening Ashton Avenue. He asked if Ashton Avenue would be widened in the future. He stat�ed that the fourteen homes involved filed a petition not to have this street widened. Mr. Flora stated that there are no plans at this time to extend Ashton Avenue. Mr. Burns stated that he believed that the Council directed that the Ashton Avenue extension be removed from the County's plans. Mr. Fox stated that over the last two years, there have been four- teen accidents in front of his home, many in his own yard. He. stated that trees that have been hit are 45 feet off East River Road. He felt that before a bike path was constructed, the Council has to look at the safety issue. He felt that there may be a safer spot to install the bike path rather than on East River Road. He questioned the wisdom of placing the bike path on this road when it could be located on the side streets. He stated that construc- ting a bike path on East River Road is asking for trouble. Mr. Flora stated that it is planned to maintain a distance of ten feet from the curb to the bike path. Mr. Darrel Madsen, 7191 East River Road, stated that the City and ° the County have easements in front of his home. He asked if he would be assessed for curb and gutter. Mr. Flora stated that Mr. Madsen owns the property in front of his home, and he would be assessed for curb and gutter in front of his property. Mrs. Melody Madsen, 7191 East River Road, stated that when they built their home they had to get permission to drive over the ease- ment to install a driveway on East River Road. She said that if that is the City's property and they need permission to cross, she questioned why they should have to pay for improvements. FRIDLEY CITY COIINCIL ME$TING OF NOVEMBER 7. 1994 PAG$ 4 Mr. Flora stated that he is not aware that the City, at any time, gave people special permission to drive over the easement. Mrs. Madsen stated that they had to go to the City and County to obtain the right to cross that easement. Councilwoman Jorgenson asked if the easement was recorded on the deed. Mrs. Madsen stated that she believed it was on the deed. Councilwoman Jorgenson asked Mrs. Madsen to mail a copy to her attention. No other persons in the audience spoke regarding this improvement project for East River Road. MOTION by Councilwoman Bolkcom to close 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 closed at 7:57 p.m. OLD BUSINESS• 2. ORDINANCE NO. 1038 AMENDING CHAPTER 513 OF THE FRIDLEY CITY CODE. ENTITLED "REGULATION OF SKATEBOARDS. ROLLERSRIS. ROLLERSKATES AND ROLLERBLADES" TO AMEND THE WORD "ROLLERBLADE:" MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 1038 on the second reading and order publication. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. CONSIDERATION OF APPOINTMENT TO PARKS AND ` RECREATION COMMISSION (TABLED 9/30194): Mayor Nee removed this item from the table. MOTION by Councilman Billings to nominate Sue M. Price, 7449 Melody Drive, for appointment to the Parks and Recreation Commission. Councilman Billings stated that Ms. Price is currently a member of the Energy and Environmental Quality Commission and has demonstra- ted her ability to work well with others. He statec� that she is the mother of two young children and a lifelong resident of the Columbia Heights/Fridley area. He stated that she is a resident of School District No. 16, and he felt she would bring balance and insight to the Commission that will be helpful in making decisions. There being no further nominations, Mayor Nee declared the nominations closed. FRIDLBY CITY COIINCIL MEETING OF NOVBMB$R 7. 1994 PAG$ 5 MOTION by Councilman Billings to cast an unanimous ballot for the appointment of Sue M. Price to the Parks and Recreation Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. APPROVE INTOXICATING LI4UOR LICENSE FOR THE SHARX CLUB/SHARX SPORTS BAR {WARD 3) (TABLED 10117/94): MOTION by Councilwoman Bolkcom to remove this iti�m from the table. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Pribyl, Finance Director, stated that one of the concerns voiced at the public hearing was the issue relating to teen night and all age night at this establishment. Councilwoman Bolkcom stated that Council requested a breakdown on the police calls and asked Mr. Sallman to address this issue. Mr. Sallman, Public Safety Director, stated that he has prepared a breakdown of the police caZls at Mr.. DeFoe's Waterworks Beach Club in Circle Pines taken from the Lexington/Circle Pines police records. He reviewed all the police calls for 1993 and 1994 which included 133 incidents in 1993 and 101 incidents in .1994. He stated that for each year there were eleven assaults. Mr. Sallman stated that in comparison with Fridley establishments, in 1993, Roper's had 27 incidents with five assaults. '`He stated that probably the most active establishment in Fridley had 26 calls for service with one assault. He stated that Fridley does not really have an establishment that compares with the Waterworks Beach Club in relation to the number of calls for service. He stated that the one establishment that probably came closest to this number of calls was George's in Fridley before they went out of business. � Councilwoman Jorgenson asked Mr. Sallman if he would recommend a provisional liquor license. Mr. Sallman stated that Council has the ability to revoke a license, but he did not know if the ordinance provides for a provisional or probationary license. He stated that technically speaking, a liquor license is always subject to probation. Mr. Gregg Herrick, Assistant City Attorney, stated that Council has wide discretion in the issuance or revocation of a liquor license. He stated that the code provides for an annual license and, if the Council has concerns, they pro°bably could issue a provisional license. He stated that if a liquor license was issued for a year and there were significant problems, the Council could take action to revoke the license. FRIDLEY CITY COIINCIL MEETING OF NOVEMHER 7, 1994 PAGE 6 Councilman Schneider asked if revocation of a license could be related to the number of police calls. Mr. Herrick stated that this could.be the basis for revocation of a license. Councilwoman Bolkcom felt that it may be in the best interests of the City to issue a license for only six months if there are con- cerns about the operation of Mr. DeFoe's establishments. She stated that her concern is that Mr. DeFoe would not call the police if it could be a basis for revocation of his license. Mr. Sallman stated that the predecessors at this location took the approach of not calling the police, and he felt that it had a lot to do with them going out of business. He stated that if someone is assaulted at a bar, the police are going to hear about it. He felt that the issues that would concern the Council are not lock- outs or miscellaneous service calls but assaults and crimes that occur at this establishment. He stated that it is the license holder that has to set a strong code of conduct and keep control. Mr. DeFoe, the petitioner, stated that he knows he calls the pqlice a lot at his establishment in Circle Pines. He stated that if there is a fight, the police are called, and this is an assault.. He stated that thefts are hard to control, as people leave their purses unattended. He stated that he calls the police when there is any problem, but he did not realize this would be held against him. Councilwoman Bolkcom stated that this is not being held against him, as she would want him to involve the police if there is a problem in order to keep control. Mayor Nee asked Mr. DeFoe how he felt about a six-month liquor license. - Mr. DeFoe stated that he would like the liquor license for a year. Councilman Billings asked if there was a fee structure calculated on less than�a year. � Mr. Pribyl stated that the liquor license is an annual license but could be pro-rated on a six month basis. Mr. Herrick felt that it would be better to issue an annual license, because there is nothing in the code for a six month license. He stated that if there is a significant question regar- ding the management, there should not be a problem in pro-rating the fee for a six-month period. Councilman Schneider stated he felt that staff should submit a report in six months whether the license was issued for six months or a year. i �RIDLEY CITY COtJNCIL MEETING OF NOVEMBER 7. 1994 PAQE 7 MOTION by Councilwoman Bolkcom to approve the intoxicating liquor license for the Sharx Club/Sharx Sports Bar, 3720 East River Road, with the stipulation that teen.nights or all age nights will not be permitted and that the license be granted for one year, but it be reviewed in six months with a report from staff. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. AMENDED RESOLUTION CONFIRMING ASSESSMENT FOR 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260 (TABLED 10/17194): Mayor Nee removed this item from the table. Mr. Flora, Public Works Director, stated that during the assessment hearing for this project, the residents at 1372 and 1384 64th Ave- nue raised the issue of storm water in their rear yards. He stated that this improvement project was along the front of their proper- ties on 64th Avenue, and a detention basin was constructed on two of the three lots the City owned off Rice Creek Road. He stated that in surveying the rear yards of these two properties, there is a high point that runs along the rear property lines and two depressions that have no outlet. Mr. Flora stated that the residents at 1372 and 1384 64th Avenue -- have alleged that the pond overflowed and contributed to the flooding of their property. He stated that in April, 1994, there was over seven inches of rain. He stated that staff inspected the City's pond during this period and found that water could not have flooded the area. He stated that these rear yards are designated wetlands, and the water was due to the heavy rainfall and high water table. Councilman Schneider stated that both the Schwartz's and the Dahlberg's believe that the improvement may have caused;additional water on their property. He stated that the Schwartz's have also indicated that the map designating the area as wetland was not the same map that was used when the hearing was held last year. Mr. Flora stated that the rear yards are low and have always had water. He stated that 1993 was an extremely wet year, and with the heavy rain in the spring of 1994, it resulted in water in the rear yards of these properties. Councilman Schneider felt that the City should probably hire an independent engineer to review this project and determine if there is any way this storm water improvement could have caused the problem. He stated that if there is a study and it is determined that there is a benefit to these properties, he wanted the Schwartz's and the Dahlberg's to be able to pay the assessment in full if they so desired. FRIDLEY CITY COtJNCIL MEETING OF NOVEMBER ?. 1994 PAGE 8 Councilman Billings stated that this project was to take care of storm water problems primarily north of the site and construct a new storm sewer system on the north side of the street. He asked if the intent of the project was to remove water from these back yards. Mr. Flora stated that it was not the intent of the project to remove water from these rear yards. Councilman Billings �ointed out that in April of this year, other properties were in danger of flooding because of the heavy rains. He said that there were problems all over the City. Councilman Schneider stated that the intent of the project was not to alleviate all the problems, but the property owners are stating the improvement has caused more problems. Councilman Billings stated that the fact that there is standing water in their back yards is because their rear yards are lower than the ditch and/or there is a ridge that prevents the water from getting from their back yard to the ditch. Mr. Schwartz, 1372 64th Avenue, stated that there is a large volurae of water draining into the ditch. When the pond was built he felt it was not deep enough. He stated that the holding pond was sup- gose ta correct the problem, but there is only a foot difference in the elevation of their rear yard and the pond. He felt that the water overflowed the ditch into his rear yard. He stated that the volume of water in there now is unbelievable. He stated that the storm water system was really built for those homes on Centrai Avenue and not for those on 64th Avenue, which they questioned before the project was constructed. . Mayor Nee stated that the property owners are not claiming damages to their property but stating that it does not benefit their property. Mr. Schwartz stated that the improvement did not benefit their property, and he felt it made the s'ituation worse. Mrs. Schwartz, 1372 64th Avenue, stated that what has changed is the volume of water coming into the area. She felt that it was spilling over the north side of the ditch. She stated that prior to the project, the lowest part of their lot did not have any water. - Mr. Flora stated that what the Schwartz's are being assessed for is surface water coming from Mississippi Street. It is now being collected into a pipe to the Central Avenue system. Mrs. Dahlberg, 1384 64th Avenue, stated that she has lived at this address since 1949, and she had gardens in her back yard. She FRIDLEY CITY COUNCIL M�BTING OF NOVEMB$R 7. 1994 PAQ$ 9 stated that it is not a wetland, and she has never had water like she experienced this year since the storm water improvement project was installed. Councilwoman Jorgenson stated that she would be in favor of an independent engineer reviewing this project to determine if there was any adverse impact on these properties.. Mr. Burns stated that he has received an estimate for this study, and it would range from $1, 000 to $1, 500. He stated that this cost could be paid from the non-departmental budget which is to be used for non-programmed studies. He felt that this clearly fits that definition. MOTION by Councilman Schneider to direct staff to hire an indepen- dent engineering consultant to review the 64th Avenue Storm Water Project No. 260, specifically, with regard to the Schwartz and the Dahlberg properties to assess benefits and/or damages to these properties, and the cost of the study is not to exceed $1,500. Seconded by Councilwoman Jorgenson. �ouncilman Billings asked if the consulting engineer would make the determination if there is a benefit or not to the properties. Coun�ilman Schneider stated that is his intent of the motion. Mr. Flora stated that a determination should probably be inade if this will be a continuing probiem. He stated that the assessment is for the street, and he felt that this is a wetland issue which will be here for a long time. He stated that he hoped the issue can be put to rest. • Mr. Burns stated that the study would be done to verify the benefit of this improvement project to the- Schwartz and Dahlberg properties. He stated that it would include a review of the project and the detention basin design; spot check elevations by Maier Stewart and Associates�and the City and shoot all elevations for the detention pond and the Schwartz/ Dahlberg back yards be reshot if necessary. He stated that the study should interpret the impact of the detention pond'given existing elevations for the pond and surrounding property and the impact of other project elements on the Schwartz/Dahlberg properties. Councilman Schneider stated that this improvement project was never designed to solve the problems in these back yards. He stated that he recalls this statement, and this question should probably be researched. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF NOVEMBER ?. 1994 PAGS 10 MOTION by Councilman Schneider to table this resolution indefin- itely. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 6. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 19, 1994: A. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 21 1994 FOR A REZONING REOUEST, ZOA #94-03, BY DAVID STEWART, TO REZONE PROPERTY FROM C-1, LOCAL BUSINESS, TO R-1 SINGLE FAMILY DWELLING, TO ALLOW PARKING AND DUMPSTER PLACEMENT, GENERALLY LOCATED WEST OF 5720 POLK STREET AND NORTH OF MOORE LAKE APARTMENTS (WARD 2): MOTION by Councilman Schneider to set the public hearing on Rezoning Request, ZOA #94-03, for November 21, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 21 1994 FOR A VACATION RE4UEST, SAV #94-03 , BY MEARLIN NORDSTROM . TO VACATE PART OF THE DRAINAGE AND UTILITY EASEMENTS GENERALI�Y LOCATED AT 501 RICE CREEK BOULEVARD N.E. (WARD 11: MOTION by Councilman Billings to set the public hearing on Vacation Request, SAV #94-03, for November 21, 1994. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to receive the minutes of the Plan- ning Commission Meeting of October 19, 1994. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' 7. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF OCTOBER 25, 1994: A. VARIANCE REQUEST, VAR #94-27. BY PERCY TAYIAR FOR TALCO,� INC. TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 15 FEET IN ORDER TO ALLOW THE CONSTRUCTION OF AN ADDITION GENERALLY LOCATED AT ?835 MAIN STREET N.E.: Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the rear yard setback from 25 feet to 15 feet to allow construction of a 10 foot by 20 foot enclosure for a compressor. He stated that the compressor is now located inside the facility and poses some noise problems. He stated that the possibility of locating_this compressor in the warehouse or shop area was discussed but was not a viable option. FRIDLEY CITY COIINCIL MEETING OF NOVEMB$R 7, 1994 PAG$ 11 Mr. Hickok stated that the Appeals Commission unanimously recom- mended approval of this variance and staff concurs with this recommendation. MOTION by Councilwoman Bolkcom to grant Variance Request, VAR #94-27, with the stipulation that the addition be architec- turally compatible with the existing building. Seconded by Councilman Billings. Upon a voice vote, a21 voting aye, Mayor Nee declared the motion carried unanimously. 8. APPROVE SPRINGBROOK RESOURCE INVESTIGATION PROJECT/CLEAN WATER PARTNERSHIP PHASE I RESOURCE INVESTIGATION GRANT: Mr. Hickok, Planning Coordinator, stated that Council is being asked to endorse a grant application to the Minnesota Pollution Control Agency for the Springbrook Nature Center for Phase I of the Resource Investigation. He stated that this grant would allow the investigation and identification of non-point sources of pollution. He stated that exampZes of non-point source pollution include urbanization, use of pesticides and fertilizers, animal feedlot management, agricultural land management, construction site prac- tices, septic. systems, mining activities, forest management, and roadway de-icing materials. He stated that the results of this pollution include the loss of wetlands, sediment build-up, and a general decline in water quality. Mr. Hickok stated that the request is for $30,000 from the Minne- sota Pollution Control Agency for the study at a cost of $44,950 plus $12,200 for the educational portion and $3,000 for management and administration, for a total of $60,150. He stated that other sources of revenue would include cash contributions and in-kind contributions. Mr. Hickok stated that this evening marks the 20th anniversary of the decision to create the Springbrook Nature Center in the City. He stated that the Nature Center has evolved and attracted inter- ested parties from every state in the nation as well as 39 foreign countries. Mr. Hickok stated that the grant centers around the water quality and quantity. He stated that at least a 66 percent loss in emer- gent vegetative cover has occurred at the Nature Center in the last five years; an increase in algae and coontail in open areas since cattails began dying off; a decrease in waterfowl and waterbird nest areas and success of those remaining; an increase in rate of siltation and subsequent reduction in wetland area; an increase in water flow rates and bounce after storm events; and an absence of the type of invertebrate species indicative of a healthy wetland. Mr. Hickok stated that Lisa Gampbell of the City staff held a meeting to discuss this grant application with surrounding cities. He stated that she coordinated the completion of the grant applica- FRIDLEY CITY COIINCIL MFETING OF NOVEMBER 7. 1994 PAGE 12 tion. He stated that the Six Cities Watershed Management Organiza- tion has agreed to sponsor this grant application. He stated that because the Nature Center is located in Fridley, the City would be the largest contributing sponsor, contributing $1,500 in cash con- tributions, and $16,040 in-kind contributions. He stated that City staff would be responsible for grant administration and completion of the educational components. He stated that the cities of Blaine, Coon Rapids, and Spring Lake Park have agreed to provide cash and in-kind contributions. He stated that other interested parties and partners include local businesses, the Anoka Conserva- tion District, and the Six Cities Watershed Management Organization. Mr. Hickok stated that the objectives are to identify and document water quantity and quality throughout the Springbrook Subwatershed; minimize bounce effect of water flow into Springbrook Nature Center wetland; return and preserve desired plant and animal life through- out the subwatershed and at the Nature Center complex; direct sil- tation dropout to areas where it can be easily removed; and -educate and motivate Springbrook Subwatershed citizenry to actively parti- cipate in resource management strategies that will promote water quality throughout the subwatershed. Mr. Hickok stated that there would be another phase of this grant program which is the implementation grant and that would be a separate application. Mr. Siah St. Clair, Natural Resources Coordinator, stated<that over the last several years they have had a significant increase in water levels and damage to boardwalks at the Nature Center. He stated that if the City works with upstream landowners and other cities regarding the flow and quality of the water, he felt that they could make some changes. MOTION by Councilwoman Bolkcom to approve the applicati�on for the Springbrook Resource Investigation Project/Clean Water Partnership Phase I Resource Investigation Grant and authorize the City Manager to execute the letter of support. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVE MASTER GRANT CONTRACT BETWEEN THE CITY OF FRIDLEY AND MEDICA CHOICE• Mr. Hunt, Assistant to the City Manager, stated that each year the City contracts for health care services through the joint powers agreement with Anoka County. He stated that the choice of provi- ders and rates is made by the County Board, and the City is being requested to approve the master grant contract. MOTION by Councilman Schneider to approve the master grant contact between the City and Medica Choice and authorize the Mayor and City FRIDLEY CITY COONCIL MEETING OF NOVEMBER 7, 1994 PAQE 13 Manager to enter into the contract. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVE PLACEMENT OF STREET LIGHT ON WEST DANUBE ROAD BETWEEN EAST DANUBE ROAD AND NORTH INNSBRUCK DRIVE (WARD 2): Mr. Flora, Public Works Director, stated that a petition has been received for a street light on West Danube Road. He stated that Mr. Nault, who initiated this request, has received support from his neighbors for the street light. He stated that staff recommends the installation of the street light between 5535 and 5555 West Danube Road. He stated that the property owner at 5575 did not support the street light but would not object if it was not installed between his property and 5555 W. Danube Road. Mr. Nault stated that he, as well as his neighbor, have had several acts of vandalism and wanted the additional lighting. MOTION by Councilman Schneider to receive Petition No. 10-1994 for a street light on West Danube Road. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff to install a street light between 5535 and 5555 W. Danube Road. Seconded by Council- woman Jorgenson. Councilman Billings asked the City's policy for installation of a street light. Mr. Flora stated that for a mid-block street light there has to be an excess of 1,200 feet between lights, but there is an exception for curves and hills. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 11. APPROVE CHANGE ORDER NO. 2 TO LOCKE PARK FILTER PLANT PROJECT NO. 240• Mr. Flora, Public Works Director, stated that a number�of miscella- neous items have been added or subtracted to this proj ect, and this change order is for a deduction of $3,126.83. MOTION by Councilman Schneider to authorize Change Order No. 2 to the Locke Park Filter Plant Project No. 240 with NewMech for a reduction in the original contract of $3,126.83. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL ME$TING OF NOVEMBBR 7, 1994 PAGE 14 12. MOTION TO SCHEDULE A SPECIAL CITY COUNCIL MEETING BEFORE THE CITY COUNCIL CONFERENCE MEETING ON MONDAY NOVEMBER 14 1994: Mr, Burns, City Manager, stated that the purpose of this special meeting is to receive the Statement of Canvass from the election. MOTION by Councilwoman Jorgenson to approve the scheduling of a special City Council meeting on Monday, November 14, 1994 at 7:30 p.m. to receive the Statement of Canvass from the election. seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously._ 13. APPOINTMENT: CITY EMPLOYEES: Mr. Burns, City Manager, stated that he wished to recommend two persons, Kim Herrmann and John Berg, for appointment as full-time Firefighters for the City. He stated that Mr. Herrmann attended Anoka Ramsey Community College and North Hennepin Community College. He stated that he has worked for the Public Works Depart- ment since April, 1985 and was a paid on-call firefighter for the City since January, 1988. He stated that Mr. Herrmann has various computer training and holds certificates in fire fighting operations. , Mr. Burns stated that Mr. Berg attended North Hennepin Community College, Minneapolis Technical College, and NEI College of Technology. He stated that he was a firefighter for Columbia Heights for eight years and a paid on-call firefighter for Fridley since September, 1987 including being a Fire Captain since January, 1991. He stated that Mr. Berg also holds certificates in fire fighting operations and has experience in enforcing the Uniform Fire Code, Building Code, Life Safety Code, and portions of the Plumbing and Electrical Codes. Mr. Burns stated that one opening was due to the retirement of Gary Larson, and the other opening was created by the institution of the rental inspection program. MOTION by Councilman Billings to concur with the following appointments by the City Manager: Name Position .$ Kim Firefighter Herrmann Non-exempt John Firefighter Berg Non-exempt Starting Salarv $12.61 per hour $12.61 per hour Starting Date Replaces Nov. 8, Gary 1994 Larson Nov. 20, New 1994 Position FRIDLBY CITY COIINCIL MEETING OF NOVEMBER 7. 1994 PAGB 15 Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. INFORMAL STATUS REPORTS: � Councilwoman Jorgenson asked if there were any items for discussion after the Council meeting. Mr. Burns, City Manager, stated that there are several items which he outlined as follows: (1) organizational plan for community wide clean-up day; (2) Rice Creek Townhouse playground proposal; (3) playground maintenance agreement with School District No. 14; (4) demolition of Findell house at Riverview Heights Park; (5) consul- ting contracts for IS Five-Year Plan review and VRU specifications; (6) demolition of house on bth Street; (7) Cable Television Commis- sion's recommendation regarding increase in ETC budget; (8) propo- sai for a three story Lake Pointe office building; (9) County ownership of property on 57th Place; and (10} water and sewer Com- prehensive Plan amendments. He stated that he would also like Council to consider the proposed 1995 calendar. He wondered if these dates were acceptable., as action should be taken soon on this item. Mayor Nee requested that Mr. Flora outline the issues raised by the League of Women Voters in Coon Rapids on a development in that city. Mr. Flora stated that the City of Coon Rapids authorized the con- struction of a commercial complex between Highway 10 and University Avenue and a wetland is located within this development. He stated that this issue was before the Technical Review Commit-tee, and there was a two to one vote to authorize construction within the wetland. He stated that the Anoka County Soil and Water Conserva- tion District disagreed with that decision and went to the League of Women Voters. An appeal was submitted to the Board of Water and Soil Resources (BWSR) to review the decision and, hopefully, reverse it. He stated that BWSR is obtaining comments from the cities abutting this development. He stated that since BWSR is represented on the Technical Review Committee, he believes that the Technical Review Committee's recommendation will stand. Mayor Nee asked how this development would affect Springbrook Nature Center. Mr. F1ora stated that, basically, it should not have any affect. He stated that it is within the City of Coon Rapids' commercial and industrial area where they have constructed ponding. He stated that there is a maximum amount of flow that can enter the City of Coon Rapids. Mr. Flora stated that he did not feel the development would have an adverse impact on the Springbrook Nature Center. He stated that he has responded, as a representative of the Six Cities Watershed District, acknowledging that the information was received. FRIDLEY CITY COIINCIL MESTING OF NOVEMBER 7� 1994 PAGE 16 14A. CON5IDERATION OF NOMINATION OF POTENTIAL MEMBERS TO SERVE ON THE RICE CREEK WATERSHED DISTRICT: Mayor Nee stated that Mr. Flora has proposed three names be submitted for consideration for appointment to the Rice Creek Watershed District. MOTION by Councilwoman Jorgenson to concur with Mr. Flora's recom- mendation to submit the names of the following persons to be con- sidered for appointment to the Rice Creek Watershed District: (1) Robert Barnette, 541 Rice Creek Boulevard; (2) Scott Lund, 580 69th Avenue; and (32) Robert Schroer, 490 Rice Creek Boulevard. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 58430 through 58796. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. LICENSES• MOTION by Councilwoman Bolkcom to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Bituminous Consulting & Contracting Co., Inc. _' 2456 Main Street N.E. Blaine, NIN 55449 Concrete Street Repair - Kerry Lane Project No. ST 1994-12 FINAL ESTIMATB . . . . . . . . . . . . . . . $ 1,717.55 Progressive Contractors, Inc. 8736 Zachary Lane Osseo, MN 55369 Concrete Street Repair - North/South Innsbruck Area Project No. ST 1994-7 FINAL ESTIMATE . . . . . . . . . . . . . . . $138,958.10 FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 7. 1994 PAGE 17 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Legal Services Rendered as City Prosecuting Attorney for the Month of September, 1994 . . . . . . . . . . $ 11,167.50 Karlen Corporation 901 125th Avenue N.E. Minneapolis, MN 55434 Commons Park Shelter Project No. 267 Estimate No. 4 . . . W. B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, MN 55330 . . . . . . . . . . . . $ 31, 789 . 00 Street Reconstruction - Stinson Boulevard Project No. 1993-7 Estimate No. 5 . . . . . . . . . . . . . . . $ 28, 789. 75 Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 7, 1994 adjourned at 9:50 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor THE MINIITES OF TH$ SPECIAL MEETING OF THE FRIDLEY CITY COIINCIL OF NOVEMBER 14, 1994 The Special Meeting of the Fridley City Council was called to order at 7:31 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: ' MEMBERS PRESENT: ��:�� ADOPTION OF AGENDA: Mayor Nee, Billings, Bolkcom None Councilwoman Jorgenson, Councilman Councilman Schneider, Councilwoman MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1. RECEIVE STATEMENT OF CANVASS FROM THE NOVEMBER 8. 1994 ELECTION: MOTION by Councilman Schneider to receive the Statement of Canvass from the November 8, 1994 election. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motian carried unanimously. ADJOURNMENT• MOTION by Councilwoman Bolkcom to adjourn the meeting. Seeonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Special Meeting of the Fridley City Council of September 14, 1994 adjourned at 7:37 p.m. Respectfully submitted, William W. Burns William J. Nee City Manager/Recording Secretary Mayor I _ � Community Development Department PLANIVING DIVISION City of Fridley DATE: November 17, 1994 TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Sco�t Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Public Hearing for a Rezoning Request, ZOA #94-03, by David Stewart The Planning Commission reviewed the rezoning request by David Stewart for property owned by Robert Gilstad at its October 19, 1994 meeting. The property is generally located west of 5720 Polk Street N.E., south of 930 Hackmann Avenue N.E., and north of Moore Lake Apartments. The Planning Commission voted 3:1 to recommend approval of the request to the City Council. The City Council public hearing. the hearing. MM/dw M-94-695 established November 21, 1994 as the date of the Staff recommends that the City Council conduct STAFF REP4RT Community Development Department �� Appeals Commission Date (L;-� Planning Commission Date : October 19, 1994 City Council Date : November 7 1994 _ ' November 2�, 1994 APPLICATION NIIMBl3R Rezoning request, ZOA #94-03 David Stewart, petitioner; owner of Moore Lake Apartments Robert Gilstad, property owner LOCATION Vacant property located west of 5720 Polk Street N.E., south of 930 Hackmann Avenua N.E., and north of Moore Lake Apartments. REOIIEST To rezone the subject parcel from C-1, Local Business, to R-1, Single Family Dwelling. BACRGROIIND The request is related to a lot split, special use permit, and variance request currently being processed by the petitioner to allow additional parking on a portion of the property at 5720 Polk Street N.E., a City-owned parcel. The rezoning is a result of negotiations between the petitioner and the owner to obtain a snow storage easement along the south property line of the subject parcel for snow storage by the apartment complex. ANALYSIS - Three criteria need to be evaluated in analyzing any rezoning request: ♦ District compatibility with adjacent uses and zoning. ♦ District intent. ♦ Whether or not the parcel meets the district requirements. Compatibility with Adiacent Uses and Zoninq The adjacent zoning is: Staff Report ZOA #94-03, by David Stewart Page 2 ► R-1, Single Family to the north and east, ► R-3, General Multiple Family to the south, ► C-1, Local Business to the west. Land uses are: ► single family to the north and east, ► apartments to the south, ► vacant directly west, ► small gas station/convenience store to the northwest. Rezoning the subject parcel would be compatible with the adjacent uses and zoning. Use of the property in its current zoning would be limited due to the shape of the property. An awkward configuration of a retail use would result. It is also appropriate to end a zoning district along the west line of the property in alignment with the property to the north. District Requirements The subject parcel is vacant, measures 120' x 170', and has a lot area of approximately 20,400 square feet. The parcel, however, is land-locked as it does not have any street access. The owner owns the parcel to the north of the subject site and should combine both lots into one parcel. The subject property contains a depression and receives stormwater from adjacent parcels. With the exception of the lack of access, the parcel meets the minimum requirements of the R-1, Single Family dwelling district. District Intent The City typically has a site plan to review with a rezoning request. In this case, the petitioner is not intending to develop the parcel. If the property is rezoned,.any future development plans would be subject to the R-1, Single Family Dwelling District regulations. RECOMMENDATIONfSTIPIILATIONB: The request meets the three criteria used to evaluate rezoning requests. Staff recommends that the Planning Commission recommend approval of the request, ZOA #94-03, to the City : Staff Report ZOA #94-03, by David Stewart Page 3 Council, subject to the owner combining the parcel with the parcel to the north as one parcel of record. PLANNING COMMISSION ACTION The Planning Commission voted 3:1 to recommend approval of the request to the City Council as presented by staff. CITY COIINCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 1C °?�� '�� , ..; � � �� '� J/I�' �, :� .�-•J-..:: ' �/ 32 ZOA #94-03 David Stewart �� - ��> ,• ++ ,��'° Cn c�+) CsJ (�� c v� '� �'�L�' !1 JI 11 K ll K _�'_ � �' �''41�j, a�, '��'4'� ' ' / E - :1 ...(� � , } +,:`; � �� r�?� ; , 4� �� ' z /� 7i �� ► �+i� r A1`wi,dw+�r /�wc ` � . . (� �� '� t,,� .. + � � .��xF�� f �1� �, w� - — � ` t � i i!% ( ' � � -� 1 `3 � ~ ,4 � ~°`'0`'r � � `, . � flw a/ L�irwr � �'V fi �� f" ; ��` p � � L�O � . .. .. . . : ... f ; . Nc' ... �, _ .. .. •a �� r" • ' - ' _ _ - .. /1/l. � t� 6' 7� �� rj � / ' � � ,�?��r� nt�� ,-� , � , �I � /1 d � � � � �' `�l � ; • r r�� e.r ,�•�►�, •nsc�: _ �� •• j M �� N'w �x wLYNDE t � t Dr�ve = , � . �y . � � • ti � ! '� � *r i •x*~« ji•.r, .•.e.�r � �q � ••�r� � 9i I �� ' !� � � J � r� � y Ai� �7i� i'ti s � ,� i � f I ! 1 / A 7 � ,f � ! J � � . i � � � N� - - ni:� - �� (74 U°� ,� �i ` _ - �,�. � � w�..r.i r .r,.A Q�� J.�•�►ir ' . (3a) i .:• :.� � n • � � < `ta - • ,�."k,,, � 6A ��'1 �s. �A (ioJ . � � � N/LLJ17►Ab , � i? .. r. r` � J-) � t . . . o� / I,.,n (u1 AAGYT1qN (�i�o) � � . i 6 �" (r�� N .� -----•— � {,�u E:.TATE �lr� -rl r .a�e (�1 ` �! . ,� �- 4 �r'. /p / . ��il � ..,. .... .__.._� , , ''�AUD.QLA S VISION ` "� `` � ...R•n.s..�w � � ' � 6 . � , ; �'if( _ r — — � — '7 � � •� �rf 1 �.. 1 N �� _L_ ., • � �� , �� `` , E--------- � ---- ----- - --------- qi ��• j `'� � ' •. �r' �� '� ' . ---- - - � ----•---• _---------- � .-��.- �_ ---------- �� ' � t� C(8) � � '� Q�� N� • ------- 8- - =� ----------------______-{�'�---------------- -----=�:----- �B � -9 - � � -- � S�t _..,� -:� --=-f----------`'��--------------------j,�----------- ��r... �� a.' . � / Y' '`'�� j,// �� by� � _• -�ti��' _ ( `�� 4+kr� �C�; / R�WE Z ��i1 � '--- ....u�w un 7�0._- ., .. / CQ774 .i The Rezoning request will allow the permitted uses to change from Local Business (retail and office uses) to Single Family (one family dwellings). � i' ZOA 4�94-03 David Stew , � i i - ' � / � 7� f' J p i • : � � a � � / - A B P �o „ y i! 1n / • • r L /2 �i � �J K � f � • - �� R� f 0 � � M R�• �a ° DO H1lLCfiES7 zr x zs E � y ' � i I ; 1 f •(„AK E�� L��v A � � a� :�. ''/ x � / �' - • QEAC �,? i �'- . x ' ,; � / / � `� P, N � ' ` 9 EL LA D . ,. t � -/ _ � � _ t ' . � . � / � a � K ' � �`=�� v �� ` $�G,¢ � � FA� N A A j , . � r n Mr / �'r o, � , , z G` � 7 � �6 i � �T ' � . i � c��- ! , S � ,4 , , „-, ; ; I � GAR� I� 4 • / 1� , , � � f.i �:' ,• ls 3I Jc ,�� .� �7 ! 4! � � • / !:� �� 3 �-- - - - - Z W 2 ' / � • �,� �6 `� ', 7 � 6 I . � � 3 3 • / / t ,t.i 1s ��o � 4 � • -. � \7.. � ,� , � , s ' 6�ACE H/GH r, S c'f �;z � s � ' • � � � '1 �� ' �" j ,3 Z z 6 . �' r�� s � � � ,,� I '� , \�1 „ � - �+ iI g � � � _ _ /.. �' t - ,` ,s A ',� ,..�. „ Z , B_ SCHOOL ADDlT/ON �� ° ; / z` ��' � 5 ,o S 9 . _ : . zs ,� � .� . ,� -- N ..;i P�, _► �? ' 1 � � � � io � : . �� 1; �c + 1 I 3 d �r �T: � �� /' �l> > / q: e � ' f G ,' ` 1% l �� ; ,,� iz � � � i' Qk c 7[ j 19 �?/ =� 7 1l �/9 � /! � 1 /` . ` ; ' 3� ��r i � , : .. , _ _. /'� . � - , /S .t1 37 �i� 7s �I� �37;lB'3� 4a�4/;�I / i2 3'�. s � � , � B ` y�� / �r — ,,i ,% ATH Y AN � ,s i� 1° � s � ♦ g � ; 1�5 — �3�.r i. iol9�� c r'a;3 1� '.��2 23z4 �f � r► �Z ORT , O i;� 3 1 t S �K�` �� .�.� � i/ io� 9iB �7 . / � Z 1� t+i + j �` ...... � �T VE �3 ,�� 3 �s u a z A �� _ � , � • • • 2 !� 7 2 i . 8 ! �6 � ,0 4 H / �Z • • � • ? � �� c ! �s 9 5 1 � � S , e � �'i 3 B � 3 , i�C,F' ��,� �_ ••• -t. � � '� z 4 t � � 1 49 • 3 2/ ` � 5 3 I LW/lV 67 � i� ��Q• i° . ' 6 4�i2 s � � � K . L S S D/vl,,/ON � 71T/ON • • • • • • s Q�.i„ 4 ro � � S u : s u s ` • 3 � • � , - -- " `► �: 4 i . 2 K • • • B � � �------ - /o - 7 8 9 � �; � � 1 S A . • 9 • I . b � S '<J-�,��i'�: . '�q 3 LAKELq ps . � �� 9 � `,t,: � _ 'J' St'l� � �- z- � • Vo//ey View � J a 1 � �'a�� •. . _•.�.•;. :• ... �GR HE 1 G HT$ S CArislion � � ri�'�','.,,a •' -�-R �ghwa - � H � -� �� Y� 6g4 , �� . _ _ �._ _ . -�:: DISTRICT LEGENO O 11-1 ON! fAWl7 OWO'S ❑ Y-t LIQXT IMDUETNIAL � PN4 11-3 TW0:/�YIL� DWO'9 � M-t NEIIVY INDUSTAIAI � Q� � •�t�. ��. =� � 1�-3 OEN. YULTIIL[ OW6'$ � PUD PLANM[O UNIT DEY. � C� � � �.� L'�_ yD ,a 11-� MO/ILE MOY[ PA11R � y-7 N70E P�NK NEI6N�OIIN000 Y� 'i' � � n ` ► IUlUC iAClLlit[S � S-2 REDEVELOOMENT DIfT111CT D/ / / • •� C-t LOCAI OYfIN[iS � O-1 CqEEK L RIVEN V11fSCRYAT�pN � 7 �� /� 9 C-I OFNENAL lU31NE51 � O-7 CRITICAI �RFA � 9 � C�� OENlIIAI SNOVIIN6 � /O (� �' C-�1 6ENERAL OfFICE � V�CATEO STREETS a,J .o rri �; � �E ZONING MAP� 0 �ri � �� ti . , , - - --- - -- -- ,_.__._ ; .. . _. _ . _ _ : .. _ . c ' ui o: � h tii �F-- ---- - _ _ - -- ------ •' T f�,'(� M � -- - _ _ ��M r O; i � � _ � ;� r-- r i 0 �: ZOA ��94-03 David Stewart �n. c� � �_ --- - --- ! M; �ril r�i Q O �; - - � �'OL �6Z�8� � 1,33a1S }IIOd ^_i_�-'''� 0�09L 0'LL � O .: U "' Z�,yp� ��Or( m� O� x i T �a°�`' � � -- - - _' � T N�� L � \\� , 4? u = ; F- W N W¢ ' Q. ao� `��7////�///% /% ;a? � � � � L � LL '-----�_ �r-- / I _1 � � I I � �.�a urvrM�llH -------_-_--------- -- - -- � 1F Proposed Development Pian � N � 0 � � �C � � `a �+ A C. � � 1 � � �LANNING COMMISSION MESTING OCTOB$R 19. 1994 PAQB 9 IIPON A VOICS VOTE, AI�L VOTING AYE� CBAIRPBRSON NEWMAN DE THE MOTION CARRILD AND TH8 PIIBLIC HEARINa CLOS$D AT 8:0 P.M. MOTION by Ms. Savage, seconded by Mr. Sielaff, to ap rove Special Use Permit, SP #94-16, by David Stewart, to allow tomobile parking for adjacent uses, on the south 35 feet o Lot 3, Block 2, Sexter Addition, generally located at 5720 P k Street N.E., with the following stipulations:_ l. Variance request, VAR #94-26, and Lot/S`plit request, L.S. #94-06, shall be approved. ; 2. A new six foot screening fence sha,�il be constructed on the northern edge of the easement acr�tiss the Gilstad property. 3. The petitioner shall install ndscaping along the street as indicated on the plan develo ed by staff including the following elements: , A. B. C. D. E. F. G. 2 - Nanking Cherry� 6 - Maney Juniper / 8 - Isanti Dogwo d 14 - "Miss" Kim ilac Weed Barrier 3-inch rock m lch Vinyl edgin The landscapin is to be completed with one year after completion of the parking lot. 4. The parkin lot perimeter, except for the area next to the retaining all, shall be lined with six-inch concrete curbing ' accordance with Fridley Engineering Department specifi ations. . � 5. ' The titioner shall install a six-foot high board on board scr ning fence constructed of treated wood parallel to and tw feet from the north property line. The fence height s all be reduced to four feet at a point 35 feet from the olk Street lot line. Engleman ivy shall be planted two feet on center on the north side of the fence. A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEAMAN DECLARED MOTION CARRIED IINANIMOOSLY. 3. PUBLIC HEARING: CONSIDERATION OF A REZONING REOUEST. ZOA �94-03, BY DAVID STEWART: To rezone from C-1, Local Business, to R-1, Single Family .Dwelling, to allow parking and dumpster placement on the easterly 120 feet except the northerly 135 feet of that part of Lot 1, Auditor's Subdivision #25, which is described as 1G PLANNING COMMISSION 1rISBTINQ OCTOB$R 19. 1994 PAG$ 10 follows to wit: beginning at a point on the north line of said Auditor's Subdivision distant 221.7 feet east of the northwest corner thereof which point is also on the centerline of Central Avenue, then east on said north line a distance of 270.8 feet, then south a distance of 308.2 feet to a point on a line parallel with and 160 feet north of the most southerly line of said Lot I which point is 437.44 feet distant east from the centerline of Central Avenue, then west along a line parallel with and 160 feet north of the most southerly line of said Lot 1, 437.44 feet to the centerline of Central Avenue, then northeasterly along said centerline to the point of beginning and except the north 30 feet thereof said 120 feet to be measured along the north line of said Lot l. This property is generally located west of 5720 Polk Street and north of Moore Lake Apartments. MOTION by Mr. Sielaff, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE MOTION C.ARRIED AND THE PIIBLIC HEARING OPEN AT 8:09 P.M. Ms. McPherson stated Mr. Stewart is the petitioner and Mr. Gilstad is the property owner. The subject parce2 is located between 5720 Polk Street and vacant property owned by Pure Oil Company, north of the apartment complex, and to the rear of Mr. Gilstad's dwelling located at 930 Haclanann Avenue N.E. The request is to rezone the subject parcel from C-1, Local Business, to R-1, Single Family Dwelling. While the petitioner has been the same in all three requests, this request is not directly related to the other requests being processed by the petitioner. Ms. McPherson stated the rezoning request is a result of negotiations between the petitioner and the owner to obtain a snow storage easement along the north property line between the subject parcel and,the apartments to allow snow storage for the apartment complex. Ms. McPherson stated, when considering a rezoning request, staff evaluates three criteria: • District compatibility with adjacent uses and zoning. • District intent. • Whether or not the parcel meets the district requirements. Ms. McPherson stated, in this particular area, the adjacent zoning includes R-1, Single Family Dweiling, to the north and east of the subject parcel; C-1, LocaZ Business, to the west; and R-3, General Multiple Family, to the south. There are single 1H PLANNING COMMISSION ME$TINd OCTOBBR 19. 1994 PAa$ 11 family dwellings to the north and east, an apartment complex to the south, and a convenience/qas station use to the northwest of this area. Rezaning the subject parcel would be compatible with adjacent uses and zoning. Use of the property in its current zoning would be limited due to the shape and location of the property. The property is also land locked. Any development which would occur on this property would need to occur in combination with either property to the north or the property to the west to provide street access. Due to the current zoning configuration, the C-1 district ends at somewhat of an awkward location. 3y moving the zoning district line, it makes more sense. � Ms. McPherson stated, in terms of the district reguirements, the subject parcel is currently vacant and measured 120' x 170' with an area of approximately 20,400 square feet. The property is land locked and does not have street access. This property should be combined with the owner's property to the north. Currently, there is a low spot in the southern portion of the parcel that receives stormwater run off from adjacent properties in the area. With the exception of the lack of access, the property does meet the minimum requirements of the R-1, Single Family Dwelling, district. Ms. McPherson stated, in terms of district intent, typically when the City reviews rezoning requests, staff is .looking at a specific site plan or a specific use. At this time, the petitioner and the owner are not interested in developing the property. In the future, any development plans for this parcel would be subject to the R-1, Single Family District, regulations. Ms. McPherson stated staff recommends approval of the request as it meets the criteria; subject to the owner coxabining the parcel with the parcel to the north as one parcel of record. Mr.-Newman asked if the parcel directly to the north has a structure located on the property. Ms. McPherson stated yes. Mr. Newman stated, since would be hard to use it north. Ms. McPherson agreed. the subject parcel is land locked, it in combination with the parcel to the Mr. Newman asked if this was necessary to accomplish snow storage. Ms. McPherson stated it was not a requirement of the City; however, it was the agreement between the petitioner and the 11 � PLANNINi� COI�IISSZON MSETING OCTOB$R 19. 1994 PAGE 12 owner of the property. Mr. Stewart stated the reason for the request is an aqreement with he and Mr. Gilstad. Mr. Stewart wanted to be able to move the fence off the property line. Currently, they cannot push snow in that direction. Mr. Gilstad has agreed to grant an easement to the partnership to allow us to build a fence across his property line, which will enable them to move the car bumpers to the property line to the edge of the asphalt and not hit the fence. They talked about putting the fence back 15 feet which would be ac�equate and will�make the accessibility of traffic better. For that reason, he agreed to petition for rezoning as a means of allowing the partnership to have better access and a better ability to remove snow. Mr. Newman stated, from a design standpoint, what you are trying to achieve is admirable. If it is rezoned fr4m a planning standpoint, it is difficult to rezone ior single family uses. He thought they could utilize by moving the current structure. The difficult planning issue is that the property is land locked. It makes it difficult to rezone until he knows how it will be used. Mr. Gilstad stated he has been talking to staff in the last 10 years and they were already saying then they would like to see the property residential. The property is land locked. An easement was given to the property owned by Pure Oil and given to them. It is his intention for the property is to clean it up and join it with his backyard. Mr. Newman stated he could do that as the property is currently zoned. Mr. Gilstad agreed. Staff said they wanted the property zoned R- 1. The commercial zoning has no benefit to him. He cannot sell the property because it is land locked. If joined to the property, he still owns it either way. Mr. Newman stated that, an effort to accommodate Council in the past. Mr. Gilstad stated yes. essentially, the request is being made in concerns raised by staff and the City MOTION by Mr. Sielaff, seconded by Ms. Savage, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:20 P.M. Mr. Sielaff stated it is an unusual request but he sees no reason not to approve it. 1J PLANNINa COMMISSION ME$TINa OCTOB$R 19. 1994 PAG$ 13 Mr. Saba stated he has concerns about a land locked property in that it creates problems in the future. He did not know that the request would solve that. They may need to change the code to make it accessible. This may be the best use. It does solve two problems. At some point in time, they may have to go back and do something about it. Anytime there is a land locked property, there is a problem in the future. In light of that, he would be will to go along but he has reservations. Ms. Savage stated she would support approval. Mr. Newman stated he was opposed. On a land locked piece of property with no specific plan, he sees no reason.to rezone. The property to the west is commercial. The property to the south is multi-family and one could say it might be part of the multi- family. It makes sense to him to keep it as it is. Without a plan, it makes no sense to rezone. MOTION by Mr. Sielaff, seconded by Ms. Savage, to recommend approval of Rezoning Request, ZOA #94-03, by David Stewart, to from C-1, Local Business, to R-1, Single Family Dwelling, to allow parking and dumpster placement on the easterly 120 feet except the nortnerly 135 feet of that part of Lot 1, Auditor's Subdivision #25, which is described as follows to wit: beginning at a point on the north line of said Auditor's Subdivision distant 221.7 feet east of the northwest corner thereof which point is also on the centerline of Central Avenue, then east on said north line a distance of 270.8 feet, then south a distance of 308.2 feet to a point on a line parallel with and 160 feet north of the most southerly line of said Lot 1 which point is 437.44 feet distant east from the centerline of Central Avenue, then west along a line parallel with and 160 feet north of the most southerly line of said Lot 1, 437.44 feet to the centerline of Central Avenue, then northeasterly along said centerline to the point of beginning and except the north 30 feet thereof said 120•feet to be measured along the north line of said Lot 1. This property is generally located West of 5720 Polk Street and north of Moore Lake Apartments; with the following stipulations: 1. This shall be subject to the owner combining the parcel with the parcel to the north as one parcel of record. Mr. Sielaff asked if the easement needed to be addressed. Mr. Hickok stated the easement is an issue between the property owners. Staff recommendation for the fence on the back of that easement was to allow for snow storage which is part of the parking issue. According to code, the fence would need to be nearly on the property line. This is saying is that it would be back beyond their private agreement so that he could do the snow storage. Easement language was tied directly into because staff 1K �LANNINQ COrIIrlI88ION ME$TINa OCTOB$R 19, 1994 PAG$ 14 sees this as an issue they are dealing with. There is a fence that encloses a screening area on the property. If the parking area is backed up to residential, it requires a fence. He thought a portion of that is screened by the dumpster enclosure but the code requirement would be that the privacy fence be completed along the back lot line. Mr. Newman stated he understands the easement is a contractual agreement between the petitioner and owner. The Commission's basis for rezoning is good planning. If the easement is not granted, the fence needs to be on the property line. If the easement is granted, the fence is to be placed on the easement. IIPON A V'OICE VOTE, WITH MS. 3AVAGE, MR. SABA AND MR. SIELAFF VOTING AYE AND MR. NEAMAN VOTiNG NAY, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED BY A MAJORiTY VOTE. Ms. McPherson stated the Special Use Permit, Variance, and Lot Split would be considered by the November 7. A public hearing will be establishEd for the rezoning at this meeting also. 4. To vacate that part of the drainage and util' easements which lie six feet on both sides of the li between Lot 8 and Lot 9, Block 2, iioliday Hills, Anoka ounty, Minnesota, and between said Lot 9 and Lot 8, Bloc 1, Holiday Hills Second Addition, Anoka County, Minn ota, and which lie within the boundary of the follow' g described tract: That part of Lot 8, Block 2, Holiday ills, Anoka County, Minnesota, lying southerly of e foZlowing described line: Beginning at a point on the asterly line of said Lot 8, 15 feet northeasterly of the ost southerly corner thereof, thence northwesterly to he most westerly corner of said Lot 8 and there terminati ; also Lot 9, Block 2, Holiday Hills, Anoka County, Minne ta; also that part of Lot 8, Block 1, Holiday Hills Sec d Addition, lying southeasterly of the following descr' ed line: Beginning at a point on the westerly line f said Lot 8, 55 feet northwesterly of the most souther corner of said Lot 8; thence to a point on the easter line of said Lot 8, 99.65 feet from the most southerl corner of said Lot 8 and there terminating. This propert is g�nerally located at 501 Rice Creek Boulevard N.E. Ms. McP erson stated the subject parcel is Iocated at 501 Rice Creek oulevard N.E., which is located south of 69th Avenue and east of University Avenue. The property is zoned R-1, Single Fa ly Dwelling. There is R-3, General Multiple Family, at the ' tersection where Woodcrest Baptist Church is located. 1L r _ � . Community Development Department P G DIVISION City of Fridley DATE: November 17, 1994 � TO: William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Public Hearing for a Vacation Request, SAV #94-03, by Mearlin Nordstrom; 501 Rice Creek Boulevard N.E. The Planning Commission conducted an informal hearing regarding the vacation request at its October 19, 1994 meeting. The request would vacate drainage and utility easements along the north and west lot Zines of the subject parcel. The Commission voted unanimously to recommend approval of the vacation request to the City Council. The City Charter rec�zires that the City Council conduct a public hearing regarding all vacation requests. RECOMMENDATION The City Council public hearing. the hearing. NII�!/ dw M-94-696 established November 21, 1994 as the date of the Staff recommends that the City Council conduct APPLICATION NUMBER STAFF REP4RT Community Development Department Appeals Commission Date Planning Commission Date : October 19, 1994 City Council Date : November 7, 1994 November 21 1994 Vacation request, SAV #94-03 Mearlin Nordstrom, owner LOCATION 501 Rice Creek Boulevard N.E. The property is zoned R-1, Single Family Dwelling. R�ovEST To vacate drainage and utility property lines. The request, construction of an addition to ANALYSIS easements along the north and west if approved would allow the existing garage. The petitioner owns Lot 9, Block 2, Holiday Hills Second Addition. The petitioner acquired two adjacent "slivers" of property on the north and west sides of the subject parcel and has since combined them with Lot 9, creating one taxable parcel. Six foot drainage and utility easements were originally dedicated on either side of the lot lines of Lot 9. As a result of the consolidation, the dedicated easements bisect the buildable portion of the lot where the petitioner proposes to expand the garage. The City does not allow construction in easements. The petitioner requests that these easements be vacated and new easements dedicated along the new lot lines of the combined subject parcel. There are no public utilities located in the easement areas. Vacating the easements would not adversely affect drainage patterns on the subject parcel. Water currently drains in a southeasterly direction across the driveway and into the street, as well as draining from the rear of the structure to the east to the street. The private utilities have been notified of the . vacation request, but have not yet responded. The petitioner has not submitted plans for the garage expansion at this time. Staff, however, analyzed a potential garage Staff Report SAV #94-03, by Mearlin Nordstrom Page 2 expansion by the petitioner. The existing garage is 26' x 30' (780 square feet). The code permits a first accessory structure to be 1,000 square feet in area. This would allow an addition of 22o square feet (11' x 20') without a variance. The proposed expansion would not impact lot coverage (15.6�). The plans shall comply with the code requirements or a variance obtained. The original easements were 12 feet wide. The City is unable to obtain the additiona� six feet from the adjoining property owners as they are not a party to the request. The petitioner, therefore, should provide 12 foot easements aZong the north and west property lines. RECOMMENDATION 3TIPIILATIONB The request does not adversely affect adjacent properties. Staff recommends that the Planning Commission recommend approval of the request, SAV #94-03, to the City Council with the following stipulations: 1. A 12 foot drainage and utility easement shall be dedicated aiong the inside of the west and north property lines. 2. The garage expansion shall comply with the code requirements, or a variance obtained. PLANNING COMMI38ION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. CITY COtJNCIL RECOMMENDATION Staff recommends that the City Council approve the request as recommended by the Planning Commission. : . _ . ., ; �I -,4 � _ . �. ■ _s .. � i � .- o .. �t --_•u•- _ _ � � � I I � ._ m ,_ : '�� . , , ,. � � ; �� i: - , . ,_ - : _ � .»�' � I � i r-r.y/.o , Gvt• ]C "'='' 3 '^a, _ 1 • I -.s�,.� . W � ��`.� fi�Y.w ✓ W ' ` I i I � CAY ��'�, V "'� •� , I �; 0�1��' � 26.:�: °= 0= 2 5- �`C ,y � i � :, .. . 3 � �, . t ., ' _ : � _ � �« I..i� ' �'�C `� _... �y � f l .. `� r � . � \ f . L' .\ ., �'� !r , V ';� I .I L, �e W _�t_- `' � 's• '� � �6 -� f \ `s✓ " �s �.i (,� � 1? � - y I I j �� 9 �� O�;y v :l'' �, � � � � \' � \'' ,. - _ � . \� !�1 � 1 Ir I \ C� /Gir- %. � � ` g �p:, \ \ _'C ., � '� � I � �.\., �\ ' ,., s,�. , �� `� � � � � .' . _ 'e � ,, .i I � ' � �j -°`.� = sy — /N? S I t'� �` F\� •}, '�J� y �r�t'' �t� s � � S � Z 1�� ' � f+' r .. y I _ �� .� - ',';/ �"� ., .r ' /,'IS)• ae �' � ' .s� � C \ .\ ` .'��`'J� �;a Y �" � � - ;� -. - _�-- ��, ----- =`': o ; —r ;;, �; ; ; � � , � ,',," t, -� �. I ; . �- � r: �i 3 , W -.;-/ - �•� � "�;\_,c �, ,' ( �° � , :;Jr�� •4'c, Z �; �� .y` r � � Sl � �� f— � __ � `� .. . �� ' f' 1 i (� 23 : s v�" I L '>' - � �" " - � � - �%",. i, i ,- � �. .� �� , I i' a; J , � '� � �-ao ,� I I .. i y� I'=� a � Z ?. �, '/i I � i,., � � O . j F- � LI I � I o:�. g'� ec "'� � ;D �. � _ � I I , o ." .: � ya7 evF SAV ��94-03 Mearlin Nordstrom . . � � ,• �- .. ,�. . . . , � \\� � .\� ,;; �. � , � � •' �� " �(/� �� "S� I (�� N A \ : vJ ,1.,. .` ,S'��}4 ,,� �\ ' :),�'� '/ !YG �\' w•�,{7 / ` �T . ��L�'' ..f � . E �"C� �,-.'� /�' �� a'„��`��^ � �! `�y ��i� '° 4 �eH �y3 '��', .t � 3 ��'�� r, o�: J� � � � f , L � 'u � � � ./5 �....,, p�� ' � .t .''% / , ��..+'�' }� /O' �3�� J'�J �< �s� 13� � > �N �� .,, �/ � — i� � ti�)3'I "h : i �` ��¢ : e i . �;¢• �. • �'r0 5 :fy, `� �ti � "' �� 5� - Se ��.� .• �� , � � � � Ty ? ��d� ` �%�` '' ; -3:: 4L� �� rJ � � . �C� , ` :'� ✓ � e. �. �\` �� c .r _.e � ��T°�, ��c � , `♦_ � ��: �.i � �� Y� ,.V 7 �/-' "' �.3 �. .; „�', ; \ ' �- _ � � renare �h''��► Z.-,. -'. �- . �,;6 Q,•�� c, � - �_..�. �� v �;�j � � �� _ °'=r C./ d ..d/.> � ��° c . f . h� ' I ..' � n . � . , - G ` r � 2� � }B ;., .- v : � ��r� ' ' ` ` ? - _ . - ; , � _ y . _ <i ... , - ; . - • � I � _ � - � -, s � >� , � z �' �. ., � . � � � � I` ,' :� �.f::� � H : a��s eFV �� REaR. d! `�'� � /CE � �� . ,� 2� , � ,�f�EElC � � �'�,� .�i � ` L�,�S �-s ,�R , 4 Z � � �' Z 5 Y ' .� _ � , I �� ¢ • � I ol�. I >JN �Y' I , . j ,� -�'66 TH -AVE. N'E. � , _ _ Q I , . .. -_ .. , _ ; : `. _, . ,.„ .,,� ,» ' •- .. : L' � ; V , _ 7°t: AT7 � . . � 1'2-3 BL� �, , r , TERRACE ". � 3 � � , _ � =�� R��-� RE - �'� - "t _ . � , r .{ 2 ,�, TER,"PU ; > "" "_ , .. _ - .. � -- �. .. 1 _ � Z � Rl C EE � -. - GREEK � M � � = �ERR.4 �'E' � �- ,� _ _ 2. _ Y ; - - - N - --� �-� - - : . � _ � _ - � ; ' " � - C ��'F - ��it� E-- A 1 D ++tf t+-Vlf,�l� N Ci.- f7- -.,,.r -- _ — - - { --- - -- - — - --- . _._, � ._- CENTEH=, _� T LOCATION MAP SAV 4�94-03 Mearlin Nordstrom F - • �+� • .- _. ",,... .j-- -- •.-v ' �' �:-' � I �Cee�u a�aw � ��Cr�.�i � � �''' �� ,;;,s_� � �'._.,,.. ,� � �� .. -. . � �. �..� � n "� r� � � � :� �"� �- �' . � � Eh � � G GE `" � �:� � M � Y � `� f.,� � t"'�"'� `'� ''� ' :� {� ``� � '��: `'� ; �.1 . , � ;� � - - �� ``� � ti� �� 4� � ;� � -.. �r. � � � `� - `� � � �_ �-; .c,,�� {' � � � `` _ ;� `� `� � � �, ,�.,4:,,. _ - � _ �:� � :� 4 � � � �._� : . . ,. � "'' ` - �;;� � � � 9 � � `�° ' �'� � � � � 4:� � � � • � .. �R,� - .� � �� _ t� � .� ��:-��.,� � � ,� . �_ � . � -� �. :r - �� .:, ..� ,- . � ,_ , ,. �•��_ _; .' _ `_ _�. _- , .. .. 9 •� � .�VE. �1 , _ . . . ---��, t� - -� � T—r— - � , - _ .-- , 3 `2 I ' _'_ � 3 � � � `� � ,� 3 � 1 1 3 L / - � � � � � � a� � � is �� . Q • aI • z � '� T c � ' � _` � ' � S �' g 21 j �/� i.i�i � 'f. `� � � , � , 9 4 �� i , � � � 3 Z i � � iS ,rs � i ib Z — � - q � �• �I ,� �P �4 �� 2 2 W • � �" =JT �- _ � ��` 1� 22 13 3 i?� 3 3 , i7 � i� Ib ' I , =Q � � 5 . .. \ . ZD ? a �. 6i„ i' Q, � l� �* 3 H� a.,�oT .ti . �e tu 4 ' , ` ' �AY Z ,: , W s f �s ,; �a 5 , _ �� .3 5 3 a c 6 i ` � , _ s ' B �!( . � �� `y � � 1 T 7 �f �7 ` " �3 Z � \�a � � 5 \i � � g — � + ? � I i2 ii ia j z � `•� 1 � �\ .1 b . Z�,3�.I � . . . /� -; 6 * � i � 1_ z /4 /3 /1 � � �o.;r �� ,�ri� J • �1 _ \ �f � G � -� , r� b I � �Q A ' �� A � � 2 a, i �° , ��F . � � h' ' s �B ` . 1Y 4 � �- 1 � �a �i �1 � � n rs p p � I ie 4. s I` ��y s 3 ;, , ��' �.�' �Q 68 Tfi �5 3 ,P . �� , � � �� 'J f /i � I 1 I� �3 i4 is / F s r i� 1 4 ' � ' � . TERR �� ` ' s a 7 � O � �, j � ' � � tt , y � � � � pR�°r �, .< c tua � s p ! rrtJi(� . � � io �� .! � 4 4 � s � s � t � f- B f L.� 8�! S 4 3 2/ 8 T G Si,I. 3 ic, s 6 L 9 ` � 4 S .� ^ � � s . s > � �Zl� i; 6 71 � ie,a:ili3�� it /i /i'9 B � 6 t`4 3!2�I s�4,3�i� /7 /G�i3 / r � � 2 i< i is � I - �' i (` 3 � i i � u. u � � t I� Z � L S 4 � 2 � f,i1� � r2 66 TH. AVENUE r � �'4�S� �' �g �6 , . � ..� N. . ` 4 .� � t,,� � �, A � A�� ;s, <!, : �- 6 s � �c.++o,�- ^�, I L' :1 J 1� � —�— �--T. sqC 9 , �Ex � r��R� ,o/y�� A � c� ��1►� � 2t 9' B 7, G S? s� 3 .2 � "I �. L/��'i ° � �u`r ��° 3 VW 7 7 �!'�C'�� a—.ti . �- - . . _ _ ' . . W CC1CClDJQ� _ •.�/.�.s.;%. .�. . l. "_ _ _ _ _' --......_ . ._.� �TOCCT__ . :,. � � . ' � � - '�•t:i";:i: ��I:t:�.'..�/ 2.� � , .�: �..: ��. . ' � ' � 8 ; ' � s S s j 3 d / . `�•' z � �� : �' v: �51 �� `:l: - , • �:• - _Y 4°3 ,f�,: l,7I„f .a ��, „ ` : �;,)_ .:�:�' f. � _ , „ � '�� ':1;�t?; � � • •� DISTRICT LEGEND 1 :: !'�" :�j:. • • • • � � ,'-: - � �=.=�� :t � • • • • � �,� � � ' '�� j• � � � p-t ONE FqMIIY OWG"5 � M-1 IIGNT INOUSTRI�I ❑ �60 LAN -�•j•,•�,-�•��•�� •• �\ q_2 TWO FnMIL1 OWG'S _7 M-� ME<'/Y INDUSTRI�I �i:� FOUitN! � :��'�� i:• � n S F �O I •�'� • '�}�• �• � �� q-] GEN. MUli1V�E OWG'S .�I VUO P(�MNEO UNIT OEV. L: ,I ��,• � 5-1 MYOE PppK MEICNBONMppO 4 � � �'r� � i n. ` • • 5i9 e�• R-♦ MOBIIE MOME PARR � • � � J � ,i�' ': • �� P PVBIIC FACIIITIES J 5-2 NEDEVElOOMENT DISTRICT a 9 /C •�\�� 75� •`� r�I�i• � • • • • C-1 lOC4L OUSINE55 ^ � [� q ��,�I�_ ��r• �, , ' • . J O-/ CNEEK 6 AfVER vRESERVA710N T � / � • • •r� C-2 GENENAL BUS�NESS � O-I CRITICIIL AREA Q DRivE •_•_. • C-3 GEMER4L $NOOPING C�� 6 S s �1=r, � 2 � �9 �f c-a� GEMER4L OiFICE �_� vacareo srneers :j -- -`', 2D ZONING MAP� � � i . d � !� v � _ _ � Lot 8. 2ND � wes�er�y �' LIOAY NlL� glo�k 1, NO �� _ ,, '� 580 - � 9 53 3'�E --�' ' '� � � ' , � SAV ��94-03 Mearlin Nordstrom i� 1 i , �� %'t, f'• ' i t� � ...- t . . � - • �.,� - j i `; , `; _` L , , � � � � �_ t ' y. �.-i j i..� L�� / �e�t � � I / t�e � ' , Tn� �p5 � o� �,... �, r_' ` A.,Y; oL'DAy N11. � : yqy o O � ;_' �_ i i''' g gl�k% �' EpSE� � .•.` O -' `�: �- f l-a± '---' t-fY �� '�a5ter��R-� A�� A� �^t!. � � I , � , . '��E�- '" G O�f _ �g�y ,^ , , ! bT "f �N� () ' �..- -/" �E v��a�'' �1'r� � , oc t ' � �s : I ` � r�� ' �o j a� �� r � r� � 2 � � o � I � A p � � � �° a�► � Jv� � JN , , o� , �� C � ♦ __ °' 'f a / � f =�- / �. ,--� f i 3�.4' ��' ♦'-' i� 29•0 �`.'� { i '� � � ,'� �. `__ ,j. . � . � . J l_C; �=�-- � � � �A� ��` �. 0 p ''�? � o c2i � L � � �p p � -t\ o m�a' � � p sa � � �� m � C � Da ��ZQ a � c ,QO � � � �, `` p y o � � �c / `� / I < < � � � 4. 30 � �.�`�� Ss�-- --- -- �] = EXISTiN�Cs°��MENT .= PROPOSED EASEMENT � , - , o �.9 ,�$ t ��% ( w N � �--- 67.02--- '` S. 3.`3° `J2� fl �� r`. r1.0 � / a � : S`�-_ � : � �t _. , .� ` i i � � N � � � �o tJ� � J �� . . . ; . i 1 1 r E I 6 �' r , j ' 1 � 1 � � - - a' L=15.OtY % "fl=3°26'29,� ' � R = 249.73 - .MOS� saufi�e�lu, co� '` � g;oc� 2, :, � = OVERLAP AR ��, ,�,, ��. �� 2E SIT� PLAN SAV 4�94-03 2F SITE PL�N PLANNING COMMISSION MEETING OCTOBER 19. 1994 PAQ$ 14 sees this as an issue they are dealing with. There is fence that encloses a screening area on the property. If e parking area is backed up to residential, it requires a ce. He thought a portion of that is screened by the pster enclosure but the code requirement would be that the ivacy fence be completed along the back lot line. Mr. Newman stated he understand�e easement is a contractual agreement between the petitio� r and owner. The Commission's basis for rezoning is good,-planning. If the easement is not granted, the fence needs-�to be on the property line. If the easement is granted,�t�e fence is to be placed on the easement. IIPON A VOICE V , AITH M8. SAVAGE, MR. SABA AND MR. SIELAFF VOTING AYE MR. NEWMAN VOTING NAY� CHAIRPERSON NEAMAN DECLARED THE MOTIOI�'CARRIED BY A MA.70RITY VOTE. �� Ms. l�cpherson stated the Special Use Permit, Variance, and Lot S�.1it would be considered by the November 7. A public hearing `will be established for the rezoning at this meeting also. 4. CONSIDERATION OF A VACATION RE4UEST, SAV #94-03, BY MEARLIN NORDSTROM• To vacate�that part of the drainage and utility easements which lie six feet on both sides of the �line between Lot 8 and Lot 9, Block 2, Holiday Iiills, Anoka County, Minnesota, and between said Lot 9 and Lot 8, Block 1, Holiday Hills Second Addition, Anoka County, Minnesota, and which lie within the boundary of the following described tract: That part of Lot 8, Block 2, Holiday Hills, Anoka County, Minnesota, lying southerly of the following described line: Beginning at a point on the easterly line of said Lot 8, 15 feet northeasterly of the most southerly corner thereof, thence northwesterly to the most westerly corner of said Lot 8 and there terminating; also Lot 9, Block 2, Holiday Hills, ' Anoka County,,Minnesota; also that part of Lot 8, Block 1, Holiday Hills Second Addition, lying southeasterly of the following described line: Beginning at a point on the westerly line of said Lot 8, 55 feet northwesterly of the most southerly corner of said Lot 8; thence to a point on the easterly line of said Lot 8, 99.65 feet from the most southerly corner of said Lot 8 and there terminating. This property is generally located at 501 Rice Creek Boulevard N.E. Ms. McPherson stated the subject parcel is located at 501 Rice Creek Boulevard N.E., which is located south of 69th Avenue and east of University Avenue. The property is zoned R-1, Single Family Dwelling. There is R-3, General Multiple Family, at the intersection where Woodcrest Baptist Church is located. 2G 0 PLANNIN(3 COMMISSION MEETINC�i OCTOBER 19. 1994 PAC�E 15 Ms. McPherson stated the petitioner is requestirig that drainage and utility easements be vacated along the west and north lot lines of Lot 9, Block 2, Holiday Hills Second Addition. The petitioner owns the subject parcel and, over the years, has acquired small pieces of property to the west and north and consolidated them into one tax parcel. The petitioner is proposing to add on to an existing two-car garage. The location of the easements are such that they bisect the buildable area, specifically the area directly west of the subject dwelling where the petitioner proposes to add on to the garage. The petitioner is_requesting the easement be vacated and that he would dedicate new drainage and utility easements along the west and north property lines. There are no public utilities located within the easement area. Vacating easements would not adversely affect drainage. Staff did notify the private utilities via fax and have received one response from Minnegasco who had no objections. Staff felt they would hear from the remaining utilities prior to this being heard by the City Council. Ms. McPherson statad the petitioner did not submit plans for the proposed garage expansion. Staff looked at the existing garage and any potential pl.ans the petitioner may have. The existinq garage is 26 feet x 30 feet or 780 square feet. The code allows the first accessory structure to be 1,000 square feet. Without a variance, the petitioner could add 220 square feet or an addition 11 feet x 20 feet. A proposed expansion of that size would x�ot adversely impact the lot coverage which would be at 15.6�. Any plans by the petitioner would need to comply with code or a variance obtained. Ms. McPherson stated the original easements are 12 feet wide with six feet on either side of the property line.- The City is unable to obtain the additional six feet fro7a the adjoining property owners as they are not a party to the request. Staff is proposing that the petitioner provide 12-foot easements along the nor�h and west property line. Ms. McPherson stated staff recommends approval of the request with the following stipulations: 1. A 12-foot drainage and utility easement shall be dedicated along the inside of the west and north property line. 2. The garage expansion shaZl comply with the code requirements, or a variance obtained. Ms. Savage asked if the petitioner would need a permit from the Rice Creek Watershed District. Ms. McPherson stated the impact is smaller than the minimum requirement. Staff will have the petitioner confer with the 2H PLANNING COMMI88ION MESTINa OCTOBBR 19, 1994 PAG� 16 district to be sure no permits are required. Mr. Nordstrom stated he combined the three lots because there was a problem with the tax papers. He then found out there were easements. He wants the easements moved in order for him to keep cars off the street. Within the last year or so, there was beginning to be a problem with too many cars on the street. Mr. Newman asked the petitioner if he was comfortable with the stipulations. Mr. Nordstrom stated he was comfortable with the stipulations as stated. MOTION by Mr. Sielaff, seconded by Mr. Saba, to approve the vacation request, SAV #94-03, by Mearlin Nordstrom, to vacate that part of the drainage and utility easements which lie six feet on both sides of the line between Lot 8 and Lot 9, Block 2, Holiday Hills, Anoka County, Minnesota, and between said Lot 9 and Lot 8, Block l, Holiday Hills Second Addition, Anoka County, Minnesota, and which lie within the boundary of the following described tract: That part of Lot 8, Block 2, Holiday Hills, Anoka County, Minnesota, lying southerly of the following described line: Beginning at a point on the easterly line of said Lot 8, 15 feet northeasterly of the most southerly corner thereof, thence northwesterly to the most westerly corner of said Lot 8 and there terminating; also Lot 9, Block 2, Holiday Hills, Anoka County, Minnesota; also that part of Lot 8, Block l, Holiday Hills Second Addition, lying southeasterly of the following described line: Beginning at a point on the westerly line of said Lot 8, 55 feet northwesterly of the most southerly corner of said Lot 8; thence to a point on the easterly line of said Lot 8, 99,65 feet from the most southerly corner of said Lot 8 and there terminating. This property is generally located at 501 Rice Creek Boulevard N.E., with the following stipulations: 1. A 12-foot drainage and utility easement shall be dedicated along the inside of the west and north property line. 2. The garage expansion shall comply with the code requirements, or a variance obtained. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the City Council would establish a date for the public hearina on November 7. 5. 2� To: wII,r,� w Buxivs, CTTY MANAGER �� FROM: RICAARD D. PRIBYI., FINANCE DIRECTOR SUBJECT: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF THE CITY'S $485,OOO.GENERAL OBLIGATION BONDS, SERIES 1994A DATE: November 17, 1994 Attached you will find the resolution provided to us by Jim O'Meara from the firm of Briggs & Morgan. The resolution is for the sale of $485,000 in General Obligation Bonds, Series 1994A. As you recall, these bonds are to finance the assessable portion of the 1993 and 1994 street projects along with water, sewer and storm water construction projects. As part of the process of issuing these bonds, the City of Fridley is required to undergo a fairly rigorous financial review process conducted by Moody's Investor Service who acts as our bond rating agency. We were again given a Aal rating, which is the highest rating a city of our size is capable of attaining. It seemed very evident during this review that the overriding reason far the reaffirmation of the Aal rating are the financial resources of the City, as compared to the outstanding debt. Since the bids are not due until Monday, November 21, 1994, the information from the bidders will not be available unti� the evening of the Councit Meeting. A representative from Springsted will be present to review the results of the bidding process and make a recommendation for the lowest underwriter or syndicate. RDP/me Attachment e 0 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 . special meeting of the City Council of the City of Fridley, Minnesota, was duly held in the Fridley Municipal Center on November 21, 1994, commencing at 7:30 P.M., C.T., in part for the purpose of considering the offers which had.been received for the purchase of the City's $485,000 General Obligation Bonds, Series 1994A. The following Councilmembers were present: and the following were absent: *** *** *** There was then presented a tabulation of the offers which had been received in the manner specified in the Terms of Proposal for the Bonds. The offers were as follows: � 276260.7 3 A �. � AWARD: SALE: SPRINGSTED PUBLIC FINANCE ADVISORS Home Office 85 East Seventh Place Suite 100 Saint Paul, MN 55101-2143 (612) 223-3000 Fax: (612) 223-3002 aass,000 CITY OF FRIDLEY, MINNESOTA GENERAL OBLIGATION BONDS, SERIES 1994A PIPER JAFFRAY iNC. November 21, 1994 120 South Sixth StreeT Suite 2507 Minneapolis, MN 55402-1800 (612) 333-9177 Fax: (6121 349•5230 16655 West Bluemound Road Suite 290 Brookfield, WI 53005-5935 (4141 782•8222 Fax: (414) 782-2904 6800 College Boulevard Suite 600 Overland Park, KS 66211•1533 (913) 345-8062 Fax: (913) 345•1770 1850 K Street NW Suite 215 Washington, DC 20006•22Q0 (202) 466-3344 Fax: (202) 223-1362 Moody's Rating: Aa1 Interest Net Interest True Interest Bidder Rates Price Cost Rate PIPER JAFFRAY INC. 4.75% 1996 $477,725.00 $193,550.00 6.1135% 5.00% 1997 5.20% 1998 5.40% 1999 5.60% 2000 5.70% 2001 5.80% 2002 5.90% 2003 6.00% 2004 6.10% 2005 DR�N SO�V'�l�RTN INCORPORATED NORWEST INVESTMENT SERVICES, INC. 4.90% 5.10% 5.30% 5.40% 5.60% 5.75% 5.80% 5.90% 6.00% 6.10% 1995 1997 1998 1999 2000 2001 2002 2003 2004 2005 4.80% 1996 5.00% 1997 5.20% 1998 5.40% 1999 5.55% 2000 5.70% 2001 5.85% 2002 6.00% 2003 6.10% 2004 6.20% 2005 $477,725.00 $193,954.17 6.1278°!0 $478,695.00 $194,607.50 6.1357% (Continued) � �I� � Interest � Netlnterest True Interest Bidder Rates Price Cost Rate JOHN G. KINNARD & COMPANY 4.80% 1996 $478,9$6.00 $194,753.17 6.1384% INCORPORATED 5.00% 1997 AMERICAN BANK NATIONAL ASSOCIATION 5.20% 1998 5.40% 1999 5.60% 2000 5.75% 2001 5.90% 2002 6.00% 2003 6.10% 2004 6.20% 2005 JURAN 8� MOODY, INCORPORATED 5.00% 1996 $479,228.50 $195,094.42 6.1522% 5.20°l0 1997 5.40% 1998 5.60% 1999 5.70% 2000 5.80% 2001 5.90% 2002 6.00% 2003 6.10% 2004 6.15°l0 2005 FBS INVESTMENT SERVICES, INC. 5.00°l0 1996 $479,180.00 $195,676.67 6.1699% 5.20% 1997 5.40% 1998 5.60% 1999 5.70% 2000 5.80% 2001 5.90% 2002 6.00% 2003 6.10% 2004 6.20% 2005 These Bonds are being reoff�red at par. BB{: 7.06% Average Maturity: 6.57 Years then introduced the following Resolution, the written presentation and reading of which were waived by unanimous consent of the Council, and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF THE CITY'S $485,000 GENERAL OBLIGATION BONDS, SERIES 1994A BE IT RESOLVED by the City Council (the "Council") of the City af Fridley, Minnesota (the "City"), as follows: 1. Recitals. It is hereby determined: (a) That the assessable and other public improvement projects (the "Improvements") described in the Council's October 17, 1994, resolution relating to these Bonds have been duly ordered by the City and have been constructed by the City or will be constructed under contracts which the City has or will let therefor, all pursuant to and in accordance with the applicable provisions of the City's Home Rule Charter and/or Minnesota Statutes, Section 444.075 or Chapter 429, as the case may be. . (b) That is it necessary and expedient to the financial management of the affairs of the that the City issue its bonds pursuant to Minnesota Statutes, Chapters 429 and 475, provide financing for the Improvements. sound City to (c) Those Improvements being undertaken by the City pursuant to Minnesota Statutes, Chapter 429 (the "Chapter 429 Improvements"), and all their components have been ordered on or prior to the date hereof, after a hearing thereon (except where not required by law) for which mailed and published notice was duly given as required by law describing said Improvements and all their components by general nature, estimated cost, and area to be assessed. 2. Acceptance of Offer. The offer of (the "Purchaser") to purchase the City's $485;000 General Obligation Bonds, Series 1994A (the "Bonds"), at the rates of interest and upon the other terms set forth in this Resolution, and to pay therefor the sum of $ plus interest accrued to settlement, is hereby accepted. 276260.1 38 3. Title; Oriqinal Issue Date; Denominations; Maturities. The Bonds shall be titled "General Obligation Bonds, Series 1994A," shall be dated December 1, 1994, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on February 1 in the years and amounts as follows: Years 1996 1997 1998 1999 2000 Amounts $30,000 40,000 35,000 35,000 40,000 Years 2001 2002 2003 2004 2005 Amounts $ 50,000 50,000 50,000 50,000 105,000 As described in Exhibit A to the Council's resolution of October 17, 1994, setting the sale of the Bonds, of the total $485,000 of the principal amount of the Bonds, $150,000 (the "Improvement Bonds") are for financing the assessable Chapter 429 Improve- ments, $180,000 (the "Storm Sewer Bonds") are for financing the storm sewer improvements, $80,000 (the "Water Bonds") are for financing the water system improvements, and $75,000 (the "Sani- tary Sewer Bonds") are for financing sanitary sewer system improvements; and the separate, allocated maturity schedules of each of the aforesaid components of the Bonds are set forth in the Exhibit A attached hereto and made a part hereof. 4. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. 5. Interest. The Bonds shall bear interest payable semiannually on February l and August 1 of each year (each, an "Interest Payment-Date"), commencing August 1, 1995, calculated on the basis of a 360-day year consisting of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years, as follows: Maturity Interest Maturity Interest Year Rate Year Rate 1996 1997 1998 1999 2000 % 276260.1 3 � 2001 2002 2003 2004 2005 � 6. Redemption. All Bonds maturing after February l, 2002, shall be subject to redemption and prepayment at the option of the City on said date and on any date thereafter at a price of par plus accrued interest to date of redemption. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the City shall determine the amount of Bonds of each maturity to be prepaid; and if only part, of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Published notice of redemption shall in each case be given if and to the extent required by applicable law, and at least 30 days' mailed notice of redemption shall be given to the paying agent and to each affected registered owner of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar, prior to giving notice of redemption, shall assign to each Bond of that maturity a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City or Bond Registrar duly executed by the registered owner thereof or by the registered owner's attorney, duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the registered owner of such Bond, without service charge, a new Bond or Bonds .of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such registered owner, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 7. Bond Registrar. , in , , is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursnant to any contract the City and Bond Registrar shall execute which is.consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. The principal of and interest on the Bonds shall be paid to the 276260.1 � registered owners (or record owners) af the Bonds in the manner set forth in the form of Bond and paragraph 13 of this Resolution. 8. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 276260.1 3 � UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY GENERAL OBLIGATION BOND, SERIES 1994A INTEREST RATE REGISTERED OWNER: PRINCIPAL AMOUNT: MATURITY DATE OF DATE ORIGINAL ISSUE $ CUSIP DOLLARS The City of Fridley, Anoka County, Minnesota (the "City"), hereby acknowledges itself to be indebted and, for value received, promises to pay to the registered owner specified. above, or registered assigns, in the inanner hereinafter set forth, the principal amount specified above on the maturity date specified above, unless duly called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 1995, at the rate per annum specified above (calculated on the basis of a 360-day year consisting of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of , in , (the "Bond Registrar"), acting as paying agent, or at the principal office of any successor paying agent duly appointed by the City. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Registered Owner") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Registered Owner hereof as of the Regular Record Date, and shall be payable to the person who is the Registered Owner hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Registered Owners not less than ten days prior to the Special Record Date. The 276260.1 �� principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Home Rule Charter of the City to be done, to have happened and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed in regular and due form, time and manner as required by law, and that this Bond, together with all other indebtedness of the City outstanding on the date of original issue hereof and the date of its actual issuance and delivery to the original purchaser, does not exceed any constitutional, statutory, or Charter limitation of indebtedness. IN WITNESS WHEREOF, the City of Fridley, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Manager; has caused the corporate seal of the City to be intentionally omitted herefrom, as permitted by law; and has caused this Bond to be executed manually by the Bond Registrar, acting as the City's duly appointed authenticating agent for the Bonds. , 276260.1 3 � Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. Bond Registrar BY L! Manual Authorized Signature Registrable by: Payable at: CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA lsJ Facsimile Mayor /sf Facsimile City Manager ON REVERSE OF BOND I hereby certify that the foregoing is a full, true, and correct copy of the legal opinion executed by the above-named attorneys, except as to the dating thereof, which opinion has been handed to me for filing in my office prior to the time of delivery of the Bonds. (facsimile signature� City Clerk City of Fridley, Minnesota 276260.t 3 � Redemption. All Bonds of this issue maturing after February l, 2002, are subject to redemption and prepayment at the option of the City on said date and on any date thereafter at a price of par plus accrued interest to date of redemption. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the City shall determine the amount of Bonds of each maturity to be prepaid; and if only part of the Bonds having a common maturity date are called for prepayment, the Bonds of that maturity to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Published notice of redemption shall in each case b� given if and to the extent required by applicable law, and at least 30 days' mailed notice of redemption shall be given to the paying agent and to each affected registered owner of the Bonds. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond of that maturity a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City or Bond Registrar duly executed by the registered owner thereof or the registered owner's attorney duly authorized in writing), and the City shall execute (if necessary) and the Bor�d Registrar shall authenticate and deliver to the registered owner of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such registered owner, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $485,000, all of like date of original issue and tenor, except as to registration number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and the Home Rule Charter of the City and pursuant to a resolution adopted by the City Council on November 21, 1994 (the 276260.1 �� "Resolution"}, for the purpose of providing money to finance certain costs of assessable public improvements within the City. This Bond constitutes a general obligation of the City, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely as fully registered bonds in the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered bonds of other authorized denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Registered Owner in person or by the Registered Owner's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the City contained in any agreement with the Bond Registrar. Thereupon the City shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this $ond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The City and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. z�bzbo.� � Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exem�t Obliqations. The Bonds have been designated by the City as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 276260.1 � ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint as attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company, by a brokerage firm having a membership in one of the major stock exchanges or by any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 276260.1 �2 9. Execution; Temporary Bonds. The Bonds shall be executed on behalf of the City by the signatures of its Mayor and City Manager and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on.the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheles� be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and cancelled. 10. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabo�e set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is December l, 1994. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. The City Clerk shall obtain a copy of the proposed approving legal opinion of bond counsel, Briggs and Morgan, Professional Association, St. Paul, Minnesota, which shall be complete except as to dating thereof, shall cause such opinion to be filed in the offices of the City, and shall cause said opinion to be printed on each of the Bonds, together with a certificate to be signed by the facsimile signature of the City Clerk in substantially the form set forth in the foregoing form of the Bonds. 11. Registration; Transfer; ExchanQe. The City will cause to be kept at the principal office of the Bond Registrar a bond reqister in which, subject to such reasonable regulations as 276260.1 � the Bond Reqistrar may prescribe, the Bond Reqistrar shaZl provide for the reqistration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 10) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the registered owner thereof, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the registered owner making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this ResoZution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid obligations of the City evidencing the same debt, and entitled to the same benefits under this Resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the registered owner thereof or the registered owner's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regula- tions of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. 276260., 3� 12. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 13. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month preceding such Interest Payment Date (the "Regular Record Date�'). Any such interest not so timely paid shall cease to be payable to the person who is the registered owner thereof as of the Regular Record Date, and shall be payable to the person who is the registered owner thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the registered owners not less than ten (10) days prior to the Special Record Date. 14. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 13 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 15. DeliverYi Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the City Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 16. Fund and Accounts. There is hereby created a special fund of the City designated the "$485,000 General Obligation Bonds, Series 1994A Fund" (the "Fund") to be held and administered by the City as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall continue to be maintained in the manner herein specified until all of the Bonds herein authorized and all other bonds payable from said Fund and the interest thereon have been fully paid. There shall be maintained• in the Fund two (2) separate accounts, to be designated the "Capital Account" and "Debt Service Account", respectively. (i) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Bonds, net of the amounts thereof allocated to the Debt Service Account pursuant to paragraph 16(ii) below. Said monies shall be segregated into 276260.1 A� J separate subaccounts of the Capital Account for the specific improvements to which they relate, being the Chapter 429 Improvements and the water, storm sewer and sanitary sewer improvements, respectively, referenced in paragraphs 1(c) and 3 of this Resolution. From each such subaccount (including any earnings thereon) there sha11 be paid all costs and expenses of making� the Improvements to which each such subaccount relates, including the cost of any construction contracts heretofore let or hereafter to be let and all other costs, incurred and to be incurred for the particular Improvement, of the kind authorized in Minnesota Statutes, Section 475.65, and such monies in the respective subaccounts of the Capital Account shall be used for no other purposes except as otherwise provided by law or this Resolution. (ii) Debt Service Account. To the Debt S.ervice Account there are hereby pledged and irrevocably appropriated and there shall be credited, subject to the conditions hereinafter stated: (1) The accrued interest on the Bonds paid by the Purchaser on the actual date of settlement of the Bonds, $ of additional proceeds of the Bonds, and all funds paid for the Bonds in-excess of $477,725, all to be used for the payment of the interest first coming due on the Bonds. (2) The assessments described in paragraph 17 of this Resolution. (3) Net Revenues (hereinafter defined) of the City's municipal water system, storm sewer system and sanitary sewer system, respectively. (4) Al1 collections of any ad valorem taxes hereafter levied for the payment of the Bonds. (5) All investment earnings on funds held in the Debt Service Account. (6) Any. and all other monies which are properly available and which are appropriated by the Council to the Debt Service Account. The foregoing funds are hereby pledged to the Debt Service Account, but only in such amounts and at such times as may be necessary, together with the other available funds therein and available for such purposes, (and the same shall be used solely) to pay the principal of and interest on the Bonds, or allocable portions thereof, when due, subject to the following conditions: 276260.1 I (1) Under certain of the or pledged only of the Council applicable Minnesota law or City procedures, sources of funds described above may be used for specified purposes, and it is the intent to abide by such restrictions and further to �LI allocate the appropriate revenues to pay for the improvements to which the generation of those revenues relates. Accordingly, the general dedication of revenues hereinabove to the Debt Service Account shall be subject to such restrictions, and such pledges are hereby limited by such applicable provisions of law and City procedures, without, however, affecting in any way the City's pledge of its full faith and credit and general ad valorem taxing powers to the payment of all of the Bonds, when due. (2) The Net Revenues of the City's municipal water system and utility shall be used only for the payment of the debt service on the Water Bonds. (3) The Net Revenues of the City's municipal sanitary sewer system and utility shall only be used for the payment of the debt service on the Sanitary Sewer Bonds. (4) The Net Revenues of the City's municipal storm sewer system and utility shall only be used for the payment of the debt service on the Storm Sewer Bonds. Prior Assessments shall, respectively, be used for the payment of the debt service on the 1988 Improvement Refunding Bonds and the 1989 Improvement Refunding Bonds, respectively. (5) The assessments described in paragraph 17 of this Resolution shall only be used for the payment of the debt service on the Improvement Bonds. As used in this paragraph, Net Revenues shall mean the gross revenues derived by the City from the operation of its municipal water system, its municipal sanitary sewer system, or its municipal storm sewer system, as the case may be, including all charqes for service, use, availability, and connection to the applicable system, and all monies received from the sale of any facilities or equipment of said system or any by-products thereof, less all normal, reasonable, or current costs of owning, operating, and maintaining said system. If any payment of principal or interest on those Bonds payable from such respective sources of Net Revenues shall become due when there are not sufficient funds pledged for such purposes in the Debt Service Account to pay the same, the City Finance Director shall pay such principal or interest from the general fund or other available fund of the City, and such fund shall be reimbursed for such advances from the proceeds of the applicable Net Revenues, when collected. The City hereby covenants that it will impose and collect charges for the service, use, and availability of and connection to the City's municipal water system, its municipal sanitary sewer system, and its municipal storm sewer system, respectively, at the times and in the amounts required to produce such Net Revenues adequate, together with other sources of funding available for such purposes, to pay in a full and timely manner all principal of and interest on those Bonds payable 276260.1 3� hereunder from such revenues, respectively, and on any and all other obligations which are or may become payable in whole or in part from such Net Revenues. Provided such debt service coverage is found to exist (and the Council hereby makes said finding with respect to the portions of the Bonds payable therefrom), the City may issue additional obligations secured in whole or in part from such Net Revenues, whose pledge to any such new obligations may be made superior or subordinate to, or on a parity with, the pledges of such Net Revenues made herein to the applicable portions of the Bonds, respectively. The City has heretofore issued and currently has outstanding certain general obligations of the City which are payable from certain of the Net Revenues, and the Council hereby determines that the estimated Net Revenues will be sufficient, in addition to all other sources available for such purposes, for the payment of the portion of the Bonds payable therefrom, and all such additional obligations, and accordingly the pledges and appropriations of Net Revenues to the payment of the respective portions of the Bonds pursuant to this Resolution are hereby made on a parity with any and all such prior pledges of Net Revenues. 17. Assessments. It is hereby determined that no less than twenty percent (20�) of the cost to the City of the Chapter 429 Improvements financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments heretofore levied or to be levied hereafter against every assessable lot, piece and parcel of land benefitted by any of those Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each of said Improvements financed hereunder unless the resolution ordering said Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. At the time all of the assessments are in fact levied the Council shall, based on the then-current estimated col- lections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision l. 276260.1 � 18. 105� Debt Service Coveraqe. It is hereby determined and reasonably anticipated that the estimated collections of the revenues available to the Debt 5ervice Account will produce at least 5� in excess of the amount needed to meet, when due, the principal of and interest on the Bonds, and accordingly no ad valorem tax levy is required at this time. The City Clerk is directed to file a certified copy of this Resolution with the office of Anoka County Property Records & Taxation and to obtain the certificate of said official required by Minnesota Statutes, Section 475.63. 19. General Obligation Pledge. The full faith and credit and taxing powers of the City are hereby pledged to the payment of the principal of and interest on the Bonds, and in the event of any current or anticipated deficiency of funds in the Debt Service Account of amounts needed to make any such payment, when due, the Council shall levy ad valorem taxes on all taxable property in the City in the amount of such deficiency. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 20. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 21. Negative Covenant as to Use of Improvements. The City hereby covenants not to use the Improvements or to cause or permit the Improvements to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 276260.1 3� 22. �ax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City hereby finds, detenaines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95�) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which.is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued by the City (and all entities subordinate to, or treated as one issuer with, the City) during the 1994 calendar year is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 23. Designation of 4ualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities subordinate to, or treated as one issuer with, the City) during calendar year 1994 wi11 not exceed $10,000,000; and 276260.1 2 0 3T (e) not more than $10,000,000 of obligations issued or to be issued by the City during calendar year 1994 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 24. Defeasance. When any obligation of a Bond has been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this Resolution to the registered owner of that Bond (with respect to the obligation thereof so defeased) shall, to the extent permitted by law, cease. The City may at any time discharge any or all of such obligation(s) with respect to any Bond, subject to the provisions of law now or hereafter authorizing or regulating such action, by depositing irrevocably in escrow, with a suitable institution qualified by law as an escrow agent for this purpose, cash or securities which are backed by the full faith and credit of the United States of America, bearing interest payable at such times and at such rates and maturing on such dates and in such amounts as shall be required and sufficient, subject to sale and/or reinvestment in like securities, to pay said obligation(s), which may include any interest payment on such Bond and/or principal amount due thereon at a stated maturity (or if irrevocable provision shall have been made for permitted prior redemption of such principal amount, at such earlier redemption date). 25. Compliance With Reimbursement Bond Regulations. With respect to the Improvements, the City has complied and will continue to comply with the "Reimbursement Regulations" provided in United States Treasury Regulations Section 1.103-18, and any successor regulations as may be applicable, including Section 1.150-2. In particular, except where the following may not be required by said Regulations (e.g., with respect to certain "preliminary expenditures"), to the extent that any of the proceeds of the Bonds will be used to reimburse the City for a cost of the Improvements theretofore paid and temporarily financed by the City out of other City funds, prior to the initial payment thereof (or within applicable time limits thereafter) the City has made or will have made a duly qualifying statement of its official intent to bond for such costs (and the City will also make the written "reimbursement allocation" required by the Reimbursement Regulations); otherwise, the proceeds of the Bonds are to be used for initial payment, and not for such reimbursement, of costs of the Improvements. 26. Severabilitv. If any section, paragraph or provision of this Resolution shall be held to be invalid or 276260.1 2 1 3U unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Resolution. 27. Headinas. Headings in this Resolution are included for convenience of reference only and sha11 not limit or define the meaning of any provision hereof. Adopted on November 21, 1994, by the Fridley City Council. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 276260.1 22 3V 276260.1 EXHIBIT A Ir�emal Maturity Schedule of 5485,000 General Obitgation Bonds, • Series 1994A Dated December 1, 1994, of the City of Fridiey, Minnesota (in 000's) Storm Sanitary Meturity Improvemerrt Sewer Weier Sewer De�e Bonds Bonds Bonds Bonds Tatal 02/01/96 S 5 S15 S 5 $ 5 $ 30 02/01/97 15 15 5 5 40 02l01/98 10 15 5 5 35 02/01 /99 10 15 5 5 35 02J01/00 10 15 10 5 40 02/01/01 10 20 10 10 50 02/01/02 10 20 10 10 50 02J01 /03 10 20 10 10 50 02/01 /04 10 20 10 10 50 02./01/05 60 25 10 10 105 Ta�tals y150 $180 $80 $75 $485 23 3W C E R T I F I C A T I O N I, William Champa, the City Clerk of the City of Fridley, Minnesota, do hereby certify the following: The foregoinq is true and correct copy of an extract of City Council minutes containing a certain resolution which is on file and of record in the offices of the City, which resolution relates to the issuance by the City of its $485,000 General Obligation Bonds, Series 1994A, and which was duly adopted by the Council at a regular or special meeting of the Council held on November 21, 1994. Said meeting was duly called and regularly held and was open to the public and was held at the place at which meetings of the Council are regularly held. introduced the resolution and Councilmember moved its adoption, which motion was seconded by Councilmember . The written presentation and reading of the resolution were waived by unanimous consent of the Council. A vote being taken on the motion, the following members of the Council voted in favor of the resolution: and the following voted against the resolution: Whereupon said resolution was declared duly passed and adopted. The foregoing resolution is in full force and effect and no action has been taken by the Council which would in any way alter ar amend the resolution. WITNESS MY HAND officially as the City Clerk of the City of Fridley, Minnesota, this day of , 1994. (SEAL) 27b260.1 William Champa City Clerk City of Fridley, Minnesota 3X CITY OF FRIDLEY PLANNING COMMISSION MEETIN(�� NOPEMBER 2� 1994 CALL TO ORDER: Vice-Chairperson Kondrick called the November 2, 1994, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Dave Kondrick, LeRoy Oquist, Diane Savage, Dean Saba Dave Newman, Brad Sielaff, Connie Modig Others Present: Scott Hickok, Planning Coordinator Rick Moseman, Supreme Tool Inc. Bruce Moseman, Supreme Tool Inc. Jeff Holle, Holle Construction Company, 1855 Melrose Avenue S., St. Louis Park, MN Gene Minea, Minea Realty, 2307 Wentworth, Minneapolis, MN John Ryden, C. B. Commercial Real Estate, � 4221 Abbott Avenue S., Minneapolis, MN Steven Johnson, Ceres Environmental, 2504 W. County Road B, Roseville, l�T APPROVAL OF OCTOBER 19 1994 PLANNING COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Mr. Oquist, to approve the October 21, 1994, Planning Commission minutes as written. IIPON A VOICE YOTE� ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED t1NANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATION OF A REZONING RE4UEST, ZOA #94-05. BY BRUCE MOSEMAN OF SUPREME TOOL INC.: To rezone from C-2, General Business, to M-1, Light Industrial, to allow construction of a manufacturing facility on Lot 3, Block 1, A& R Second Addition. This property is generally located north of 7597 Highway #65. MOTION by Ms. Savage, seconded by Mr. Oquist, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, DICE-CHAIRPER30N RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7533 P.M. Mr. Hickok stated the subject parcel is located on Osborne Road, east of Highway #65. The parcel is north of Kurt Manufacturing. Zoning on surrounding parcels includes M-1, Light Industrial, to 0 PLANNING COMMI88ION MEETING. NOVEMBER 2, 1994 PAGE 2 the south and east; C-2, General Business, to the north, east and west; and there is M-1, Light Industrial, and M-4, Mobile Home Park, to the west across Highway 65. Mr. Hickok stated the proposal would allow rezoning to Light Industrial to allow for manufacturing, warehousing and wholesaling. The site as proposed would be used for the construction of a 12,000 square foot building measuring 120 feet x 100 feet. The development has been planned to have adequate parking, landscape setbacks, building setback, and has taken into consideration the permitted lot coverage. Mr. Hickok stated staff uses three criteria in evaluating rezoning requests: • District compatibility with adjacent uses and zoning. • District intent. • Whether or not the use meets the district requirements. Mr. Hickok stated the M-1 zoning and adjacent uses seem to be compatible. The intent of the district is for light industrial. This would an extension of that light industrial use in that area and is consistent with that intent. The site plan has been reviewed by staff to determine whether the site coverage, parking, landscape setbacks, etc., are appropriate. Mr. Hickok stated, because the rezoning request meets the criteria, staff recommends approval with the following stipulations: 1. The petitioner shall submit a landscape plan complying with the district requirements prior to issuance of a building permit. 2. The petitioner shall comply with the comments in Scott Erickson's memo dated October 17, 1994, prior to issuance of a building permit. Mr. Hickok stated Mr. Erickson has outlined the following: 1. A Storm Pond Maintenance Agreement will need to be recorded with the property prior to issuance of a building permit. 2. Install rip-rap with filter blanket at the outlet of the storm water pipe. 3. Install a flared end section with grate on the end of the storm pipe outlet. . . PLANNING COMMISSION MEBTING, NOVEMBER 2. 1994 PAG$ 3 4. Provide a piped outlet to the pond with direct connection to the existing storm pipe. Provide hydraulic calculations. The outlet should be size to meter pre-developed flow rates. 5. A Hold Harmless Agreement will be required for any improvements constructed in easement areas (parking, storm pond) . 6. The driveway entrance should be constructed to retain all drainage on-site. 7. Clearly note on the plans the size and type of all existing utilities. 8. Viron Road has been redesignated as Hwy. 65 East Service Road. 9. Provide detailed information for the hydrology and ponding calculations �ftime of concentration, etc.) How is existing flow rate greater than the pre-developed? The existing flow rate calculations should be based on an unimproved grassed area. 10. Rice Creek Watershed District approval is required. Provide copies of approval when obtained. 11. Al1 existing street surfaces shall be kept free of dirt and debris and shall be swept on a daily basis or as directed by the City. 12. The building should not be located within any easement areas. 13. Mountable curb and gutter shall not be used. 14. Provide a rocked entry point to the site during construction. Show location and detail on the plan. 15. All drainage from the site should be directed to the storm poind. Sub-catchment 2 should be routed to the pond. Mr. Oquist asked Mr. Hickok to explain #8 from the memo. Mr. Hickok stated this road was known in the early plat as Viron Road and is now known as the Hwy. 65 East Service Road. This is a technicality in which staff are asking that road be referred to as Hwy. 65 East Service Road. Mr. Oquist questioned #11 and asked why the street needed to be swept daily. . � PI,ANNING COMMI88ION M$ETING. NOVEMB$R 2. 1994 PAG$ 4 Mr. Hickok stated this is required only during the construction process. Mr. Oquist requested #11 be revised to include this is to be done during construction. Mr. Saba questioned the need for a Hold Harmless Agreement. He understood this was a condition of an easement. If there was construction over an easement, the owner is responsible. Mr. Hickok stated the agreement is a protective document in which the owner recognizes that, in the event there is a later correction, the City is not responsible. Mr. Saba asked if this is something the City will be doing for every development. Mr. Hickok stated this has been done on recent developments and is consistent with what the Public Works staff has recommended in the past. Mr. Bruce Moseman stated they have been in business since 1969. They have been in Fridley since 1981 in Kurt Manufacturing. They currently have 14 employees, and they are a family-owned corporation. They do 60% of their work for Kurt Manufacturing which is why this site is handy. It provides access to Kurt to maintain a good working relationship. They build plastic injection and die cast molds from steel blocks and machine the blocks to conform to the customer prints. Some of their customers include Kurt Manufacturing, Polaris Zndustries, John Deere, Digital Computers, etc. Mr. Kondrick asked if they generate waste or store chemicals on the site or in the building. Mr. Moseman stated no. Ms. Savage asked if they had any problem with the stipulations. Mr. Moseman stated no. Most of the stipulations in the memo were known beforehand and many were included in the site plan. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYB, VICE-CHAIRPERSON RONDRICR DECLARED T8E MOTION CARRIED AND TH$ PIIHLIC HEARING CLOSED AT 7:48 P.M. Mr. Oquist stated he has been in Supreme Tool and has seen their shop. They do need some room. He sees nothing wrong and the 4C PLANNIN(3 COMMISSION MEETING. NOVEMSER 2. 1994 PA(3g 5 stipulations cover the concerns. MOTION by Mr. Oquist, seconded by Mr. Saba, to recommend to the City Council approval of Rezoning Request, ZOA #94-05, by Bruce Moseman of Supreme Tool Inc., to rezone from C-2, General Business, to M-1, Light Industrial, to allow construction of a manufacturing facility on Lot 3, Block 1, A& R Second Addition, generally located north of 7597 Highway #65, with the followinq stipulations: l. The petitioner shall submit a landscape plan complying with the district requirements prior to issuance of a building permit. 2. The petitioner shall comply with the comments in Scott Erickson's memo dated October 17, 1994, prior to issuance of a building permit. and, that requirement #11 as listed in Scott Erickson's memo dated October 17, 1994, be revised to read: il. All existing street surfaces shall be kept free of dirt and debris and shall be swept on a daily basis or as directed by the City during the construction process. IIPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED ONANIMOII3LY. Mr. Hickok stated the City Council will establish a public hearing on November 21 and will hear the request on December 5, 1994. 2. PUBLIC HEARING: CONSIDERATION OF A REZONING REQUEST. ZOA #94-04, BY DAVE McINTYRE OF CERES ENVIRONMENTAL: To rezone from M-2, Heavy Industrial, to M-3, Outdoor Intensive, Heavy Industrial, to allow the construction of corporate offices and to allow outdoor storage of materials and equipment as a principal use on Lots 1& 2, Block 3, Great Northern Industrial Center East. This property is generally located east of 5101 Industrial Boulevard, north of FMC, and adjacent to the Burlington Northern mainline. MOTION by Ms. Savage, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARINCi OPEN AT 7s46 P.M. Mr. Hickok stated the request is to rezone the subject parcel from M-2, Heavy Industrial, to M-3, Heavy Industrial Outdoor . � PLANNING COMMISSION MEBTING, NOVEMBLR 2, 1994 PAt3B 6 Intensive. Both are heavy industrial districts; however, the M-3 is designed to accommodate heavy industry with outdoor intensive activities. The subject parcel is located within the Great Northern Industrial Center and the zoning in that center is M-2, Heavy Industrial. The zoning to the east covers the properties along Main Street which are M-2, Heavy Industrial. Mr. Hickok stated the property is to the west of the rail line and is a long narrow parcel. The request would allow rezoning for Ceres Environmental. The site plan includes an office building which would be the location of their administrative and office complex and the location for maintenance of their heavy equipment. Ceres provided copies of photographs of the types of equipment to be stored on this site. The office portion of the building is two-story with 3840 square feet. There are 6,400 square feet in the maintenance complex located to the rear of the building. Mr. Hickok stated staff inet with the petitioner early in the planning process and determined, because of the size of the building and intensity of storage outdoors, an M-3 zoning would be appropriate for this request. Initially, the petitioner looked at the site and, based on the site dimensions, the size of the building required and the use, felt this was an adequate site. It is the outdoor storage activities that have driven the M-3 requirement. Mr. Hickok stated, in May, 1992, the City Council debated the creation of the M-3 district. At that time, there was much discussion about what the M-3 district would be used for and what impacts that would have on the existing M-1 and M-2 districts. It was believed that creating the M-3 district would allow the opportunity for those who wanted M-3 industrial uses that were not covered under the M-2 and special use permit for outdoor storage. Screening could be difficult because of the large equipment or other.activities related to outdoor storage. Therefore, the M-3 district was deemed necessary. As part of that discussion, the City determined that the sites appropriate for M-3 zoning were in the northern portion of the City. This area centers around Hickory Street north of 81st. Mr. Hickok stated Ceres Environmental is an environmental consultant with clients throughout the metropolitan area and throughout the country. Their services include fuel tank removal and replacement, construction/demolition, recycling of timber, snow removal, and general tree service (trimming, dead tree removal, etc.) Ceres has a number of locations. This would be the site for office and maintenance uses. Ceres has a site in Maple Grove for wood recycling. They are the. Hennepin County contractor for this activity. They are also the City of Minneapolis contractor for snow removal and much of the large � ��'" PLANNINC� CO1�IIrII88ION MESTING, NOVEMBBR 2. 1994 PAGE 7 equipment related to the snow removal would site. Ceres felt the proximity of the site Minneapolis is important and that this is a other M-3 available in the community. be stored on the to downtown preferred site to Mr. Hickok stated there are three criteria used in determining whether rezoning is appropriate. The first is the compatibility with adjacent uses. To the north, there is M-2, Heavy Industrial, (Minikahda Mini Storage) which is an industrial self- storage facility with indoor storage and asphalt driving aisles and parking surfaces. To the east, there is M-2, Heavy Industrial, along Main Street. Closest to this site would be the rear portion of those sites. To the south is also M-2, Heavy Industrial, including Quebecor and FMC. These are large buildings with incidental outdoor storage. To the west, is the Perlman Rocque transfer facility for restaurants, includinq McDonald's. There is outdoor truck/trailer activity which is limited to incidental traffic related to the principal use on site. Mr. Hickok stated the second criteria is the district intent. The intent of the M-3 is to allow heavy industrial uses and outdoor storage. This proposal would be consistent with M-3 zoning and would be dependent on the outdoor storage. Mr. Hickok stated the third criteria is the district regulations. The proposed site plan meets the intent and meets the M-3 zoning regulations. The building is centrally located. There is landscaping to the north and to the south. There is a storage yard with crushed gravel or compacted fill area. There is also hard surface of concrete and asphalt. The petitioner has asked for consideration of the crushed gravel because of the weight of the equipment and materials to be stored outside. Mr. Hickok stated the recommendation falls back to a policy issue. Approval wquld allow an M-3 parcel that would be surrounded by M-2 uses. The site has an elongated shape that backs up to the railroad tracks. To the rear of the property is the rear areas of the industrial uses to the east. Staff recommends, based on the evaluation of the criteria, that the Commission recommend denial of the rezoning request due to the incompatibility of the M-3 district with the other M-2 uses. If the Planning Commission chooses to recommend approval, staff recommends the following stipulations: 1. 2. Lots 1 and 2, Block 3, Great Northern Industrial Center East shall be consolidated as one tax parcel. The parking area shall include signs and surface striping to identify a one-way circulation pattern. 4F PLANNING COMMISSiON MEETINt3. NOVSMBER 2, 1994 PAGL 8 3. A five-foot setback for landscaped area must be established along the eastern property line, running from the north to the south property lines. 4. Irrigation shall be installed in the front and side yards. 5. The landscape plan shall be modified to include additional plantings for seasonal color and screening. This plan shall be reviewed and approved by City staff. 6. Additional berms and landscapir�g shall be added to the site plan north of the gravel parking area indicated on the plat (south of the storm water pond). 7. The petitioner shall comply with the Engineering Department requirements specified in Scott Erickson's memo dated October 28, 1994. 8. All surfaces intended for drives or parking/storage of equipment sha_I1 be surfaced with concrete or asphalt. Mr. Hickok referred to stipulation #7 in which Mr. Erickson's memo lists the following Engineering Department requirements: 1. A Storm Pond Maintenance Agreement will need to be recorded with the property prior to issuance of a building permit. 2. All drive areas shall be hard surfaced and have concrete � curb and gutter. 3. The driveway entrance shall be constructed to retain all drainage on site. 4. Grade the site to one ponding location. 5. Provide concrete blocking for all watermain piping bends. Note on the plan the amount of blocking to be installed. 6. Install rip-rap with filter blanket at the storm pipe outlet. 7. Install flared ends and trash guards on all storm pipe ends. 8. Clearly note all pipes sizes, types of material, and class of materials being proposed. 9. A minimum of 7 feet of cover is required to the top of all service lines. Is this achieved? Clearly note service depths on the plan. 10. Provide a detail of the plans for the baffled weir outlet. 4G PLANNING COMMISSION ME$TING, �OVEMB$R 2. 1994 PAa$ 9 11. Show all existing and proposed invert elevations. 12. Install a manhole at the bend of the 6-inch sanitary service line. 13. Install a gate valve on the 6-inch service line. 14. Note on the plans that alI street surfaces shall be kept free of dirt and debris and shall be swept on a daily basis or as directed by the City. 15. Provide a rocked entry point to the site. Show location and detail on the plan. 16. 17. Clearly identify locations of silt fence installation. Provide a detail on the plan. Provide hydrology, hydraulic, ponding calculations and all related information and assumptions. 18. Additional information may be requested. Mr. Saba stated the proposal is for a service and maintenance facility. Will there also be junk or salvage vehicles on the property? Mr. Hickok stated his understanding is that vehicles will be there for maintenance and that their typical vehicles for operation will be stored there. He did not believe any salvage vehicles would be on the property. Ms. Savage asked if the petitioner was looking at the site. Mr. Hickok stated they are looking at the site and have not established that at their location. Ms. Savage asked if there had been any discussion with staff about this company locating in the M-3 zone. Mr. Hickok stated yes. One of the items highlighted was the proximity with Minneapolis with their snow removal activities. Mr. Kondrick asked if fencing was discussed. Mr. Hickok stated yes. Screening plans as indicated on the elevations would include a chain link fence with privacy screening sZats to screen those elements to be stored outside. There is also an undulating berm with landscapinq to soften the impact of that screening fence. Mr. Kondrick asked if this is speaking to fencing the entire 4H PLANNING COMMISSION MEETING, NOVEMBER 2, 1994 PAGE 10 property. Mr. Hickok stated there would be screening for all areas where storage of materials could be seen from adjacent properties or the public right-of-way. Mr. Steven Johnson, business manager for Ceres Environmental, stated the company has been in business for 17 years. The size of the company and gross revenues are currently about $5 million. They employ 15-30 people. Some positions are seasonal. They are looking at this property for their headquarters and maintenance facility. The amount of equipment stored would be very limited on this parcel. They have a 10-acre facility in Maple Grove where they operate year-round recycling activities. That particular operation has achieved national acclaim. As far as he knows, the operation is looked at kindly and is a clean operation. They do not intend to move these activities to this site. There seems to be some misconception as to the amount of storage to occur on the property. There is not going to be a great amount due to the size of the property. About 80� of the equipment is stored on the job locations, which could be metro, regional or in other states. At the most, 20� would be at this location and only at the time it is being serviced or if it is for seasonal use. Mr. Johnson stated, in reference to the question as to whether another M-3 site would work, there are limitations. Concerns include access and closeness to downtown. The type of snow removal they do is for substantial commercial properties in downtown locations where the snow is hauled off-site and disposed of. This particular location would provide quick access to both freeways. The time difference in mobility and travel time compared to the other zones would be detrimental to their snow removal operations. It does not seem like a long way but with repeated trips it adds up significantly. Mr. Johnson stated-he would like to reinforce that the company would be a good neighbor. The intent is to comply with the recommendations of staff. He is concerned about the stipulation to require a paved service for the entire storage area. A lot of the equipment has tracks which is not compatible with paved or concrete surfaces. It is very hard on those surfaces and the investment put into that surface on a repeated basis would have a significant impact. They have enough space to accommodate the equipment that is there on a regular basis. The concrete surface in the shop needs to be 10 inches thick. There is also a substantial paved area in the front. They have every intention to make the site attractive. They want to attract and maintain good employees. Some of the limits of a contractor are the looks of the yard. Part of their corporate image is to convey that image with the property. 41 PLANNING COMMISSION MEETINQ. NOVEMBLR 2. 1994 PAQL li Mr. Kondrick asked, in lieu of a concrete or asphalt storage yard, what surface would they propose. Mr. Johnson stated the surface would be an improved surface with crushed rock. This would be within a fenced area and screened from view. Maintenance is done annually or as needed. Mr. Johnson stated, to pravide an idea of their need and concern, they are currently located on Hwy. 280. They have surfaces there that are concrete and asphalt installed a number of years ago to handle heavlr equipment. Their use on that particular property has deteriorated that surface in a few years. They want to make the investment for an apron but it is not practical in the storage yard where equipment is stored. Mr. Kondrick asked if they would be changing oil or have any contaminants that would seep into the soil in the storage yard. Mr. Johnson stated maintenance would be done on the concrete apron and in the shop itself. There would be no activities as described on the gravel surfaces. Ceres is an environmental contractor so they have that concern. Their main contractor is the government to do clean up. They have a good track record and are a conscientious environmental contractor. He did not think there would be any problems. Mr. Oquist asked if they would be storing and maintaining the equipment as shown in the provided materials except when it is on the job site. Mr. Johnson stated this building would be the main garage. For major repairs, equipment would come here. Mr. Kondrick stated the company specializes in the removal of storage tanks. Would any of those removed items to be stored on this site? Mr. Johnson stated no. Those items are dealt with on the site or hauled directly to a disposal facility. New installations are norinaZly sent to the site. They have had occasions where tanks were delivered before_they were ready to install and needed to be stored in the yard. Mr. Johnson stated their hours of operation are from 7:30 a.m. to 6:00 p.m. During snow removal, they are a 24-hour operation and would be dispatching crews out of that area during snow falls. That operation is a bit unique. The type of work reguires heavy equipment. That equipment would be interimly staged at this facility. Mr. Kondrick asked if welding would be done inside. 4J PLANNING COMMISSION MEETING, NOVEMBER 2. 1994 PAGE 12 Mr. Johnson stated a welding bay would be in the shop. They want to have four service bays. One of those would be a drive through for tractor/trailer rigs. All of those maintenance activities would be done indoors. Mr. Kondrick stated one of the items that was of concern to staff was the company comply with the memo dated October 28, 1994, from Mr. Erickson regarding the drainage and grading review. Were there any questions? Mr. Johnson stated they have reviewed. They have no problems or concerns in complying. They asked staff to come to another location that would be very similar in type, use and construction to what is being proposed. It was typical and indicative of the facility they propose. Mr. Hickok stated the facility is Bel Air Excavating in New Brighton located northwest of the intersection of Hwy. 10 and 96. Staff looked at the site and also had an opportunity to see the crushed compacted or recycled surface. It gave staff a chance to see a site like this in operation. It is a very nice site. Mr. Kondrick stated staff has recommended denial of the request. If the Commission recommends approval of the request, staff recommends eight stipulations. With the exception of stipulatian #8 regarding the surface in the storage area, are you in agreement with the remaining stipulations as submitted? Mr. Johnson stated they would be able to comply with all except #$• They would request a gravel surface. Mr. John Ryden provided photos of the site including aerial photos. He felt this company was as good a use as one would see on this property. He does not think one would see a use more in line with the M-2 zoning. The use will be M-3 primarily because of the location, dimensions and terrain. It is across the street from where there are semi-trailers backed up to the street. The other side is along the railroad tracks. The lot is very narrow so it would be difficult to get a bigger building on the site. The property lends itself to outdoor storage use. The typical company looking to construct a building with no storage would not want this site. They would want a different view. This is the reason Ceres picked the site. It is somewhat hidden from the main traffic lines. Mr. Kondrick asked if the streets in that area can support the weight of this equipment. Can they get back to the property with this equipment? Mr. Johnson stated the streets are wide enough and are adequate. That was a limitation on the how to develop the site. They had 4K PLANNINQ COIrIIrII88ION MEETINC,�, NOVEMBLR 2. 1994 PAaB 13 to have the architect design it so they could get sufficient turning radius for a tractor/trailer rig onto the property. They accomplished that with a drive through bay within the building and one way routing in and out of the site. Mr. Hickok stated the streets in this industrial district are of a heavier grade with this use in mind. MOTION by Mr. Saba, seconded by Oquist, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AY$, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND T8E PIIBLIC HEARING CLOSED AT 8t25 P.M. Mr. Saba asked if they would need a variance for stipulation #8• Mr. Hickok stated yes. The surface requirement could be brought back for the appeals process. Mr. Oquist stated, as he recalled, a similar discussion came up with Park Construction where they did not need the hard surface. Mr. Hickok stated this is a discretionary decision on the part of staff to decide which items go through the appeals process. Ultimately, all have to go through the City Council. There have been items that the Council has acted on independent of the Appeals Commission. Ms. Savage asked if the City had received any objections to the request. Mr. Hickok stated staff has not received any negative calls regarding this request. Mr. Oquist stated this seems to be a good use of the property and this is an environmental consulting company. He would like to strike stipulation #8. He does not think this requirement would work for this intended use. Ms. Savage stated she had concern about establishing a precedent for moving the M-3 zoning but she was persuaded that this company would be an asset to the City. Because of the particular area, she did not think it would be a detriment. Mr. Kondrick agreed. This use would suit the area. Mr. Saba stated there could be worse companies than this for M-3. He did not see a problem. He thought it would be handled well. He would like to see stipulation #8 go through the appeals process and then to the City Council. He has no problem with the 4L PLANNINt3 COMMISSION MEETING, NOVEMBER 2. 1994 PAGL 14 curbs but the surface is not right for this type of operation. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend approval of Rezoning Request, ZOA #94-94, by Dave McIntyre of Ceres Environmental, to rezone from M-2, Heavy Industrial, to M-3, Outdoor Intensive, Heavy Industrial, to allow the construction of corporate offices and to allow outdoor storage of materials and equipment as a principal use on Lots 1& 2, Block 3, Great Northern Industrial Center East, generally located east of 5101 Industrial Boulevard, north of FMC, and adjacent to the Burlington Northern mainline, with the following stipulations: 1. Lots 1 and 2, Block 3, Great Northern Industrial Center East shall be consolidated as one tax parcel. 2. The parking area shall include signs and suriace striping to identify a one-way circulation pattern. 3. A five-foot setback for landscaped area must be established along the eastern property line, running from the north to the south property lines. 4. Irrigation shall be installed in the front and side yards. 5. The landscape plan shall be modified to include additional plantings for seasonal color and screening. This plan shall be reviewed and approved by City staff. 6. Additional berms and landscaping shall be added to the site plan north of the gravel parking area indicated on the plat (south of the storm water pond). 7. The petitioner shall comply with the Engineering Department requirements specified in Scott Erickson's memo dated October 28, 1994. UPON A VOICE 90TE,-ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOII3LY. Mr. Hickok stated the City Council would on November set the date for the public hearing. The public hearing would be held on December 5, with the final decision made on December 19. 3. RECEIVE THE MINUTES OF THE APPEALS COMMI5SION MEETING OF OCTOBER 25, 1994 MOTION by Ms. Savage, seconded by Mr. Saba, to receive the Appeals Commission minutes of October 25, 1994. UPON A VOICE VOTE, ALL VOTING AYL, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED ONANIMOIISLY. 4M �LANNINQ COlrIIriISBION ME$TINa. NOVBMB$R 2. 199�L PAGB 15 ADJOURNMENT MOTION by Mr. Oquist, seconded by Ms. Savage, to adjourn the meeting. IIPON A VOICE VOTE, ALL VOTINQ� AYF, VICB-CHAIRPBRBON RONDRICR DECLARBD THE MOTION CARRIBD AND THE NOVEMBBR 2, 1994, PLANNINQr COMMISSION MEETIN(� ADJOIIRNED AT 8:33 P.M. Respectfully submitted, r � � .. , %_'> . „ � , % c"�Gc� Lavonn Cooper Recording Secretary � S I G N— IN S H E E T PLANNING COMMISSION MEETING, Wednesday, November 2, 1994 � � � ' r � Community Development Department PLA►��TNING DIVISION City of Fridley DATE: November 17, 1994 � TO: William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Establish a Public Hearing for a Rezoning Request, ZOA #94-05, by Bruce Moseman of Supreme Tool; 7597 Highway 65 N.E. The Planning Commission conducted a public hearing regarding the rezoning request by Supreme Tool. The request is to rezone vacant property located north of 7585 Highway 65 N.E. from C-2, General Business to M-1, Light Industrial. RECOMMENDATION The Planning Commission voted unanimously to recommend approval of the request to the City Council. The zoning ordinance requires that the City Council conduct a public hearing for aII rezoning requests. Staff recommends that the City Council establish December 5, 1994 as the date of the public hearing. MM/dw M-94-680 S TAFF REP O RT Community Development Department Appeals Commission Date Planning Commission Date : November 2, 1994 City Council Date � November 2 t, 1994 APPLICATION NUMBER• Rezoning request, ZOA #94-05 PETITIONER: Bruce Moseman, representing Supreme Tool. Professional ventures Partnership, owner. LOCATION: Vacant property located north of Kurt Manufacturing, 7585 Highway 65, N.E. The property is currently zoned C-2, General Business district. REQUEST• To rezone the property to M-1, Light Industrial, to allow construction of a manufacturing facility. ANALYSIS: The getitioner is currently occupying space in the Kurt Manufacturing building to the south. The petitioner is proposing to construct a 12,000 square foot concrete block building on the parcel. In order to evaluate a rezoning request, three criteria are used: ♦ District comp�tibility with adjacent uses and zoning. ♦ District intent. ♦ Whether or not the use meets the district requirements. Compatibility with Adjacent Uses and Zoninq The adjacent zoning is: ► C-2, General Business to the north, ► M-1, Light Industrial to the east and south, and ► R-4, Mobile Home Park and M-1, Light Industrial to the west across Highway 65. Staff Report ZOA #94-05, by Snpreme Tool Page 2 The adjacent uses include: ► Retail to the north ► Trucking terminal/storage to the east ► Manufacturing to the south ► MobiZe home park and industrial to the west The M-1 zoning is compatible with the adjacent zoning and uses. Granting the request would be a logical extension of the existing zoning pattern established in this area. District Intent The intent of the M-1, Light Industrial district is to permit manufacturing, warehousing, and wholesaling uses. The proposed use by the petitioner is consistent with the intent of the M-1 district. District Regulations Staff has reviewed the plans submitted by the petitioner. The proposed site plan meets or exceeds the minimum requirements of the M-1, Light Industrial district. The petitioner will be required to submit a landscape pZan complying with the ordinance requirements. The Engineering staff has a number of comments regarding the grading and drainage plan (see memo dated October 17, 1994 from Scott Erickson). The petitioner will be required to comply with those comments prior to issuance of a building permit. RECOMMENDATION/STIPULATIONS: The requests meets the three criteria used to evaluate rezoning requests. Staff recommends that the Planning Commission recommend approval-ot the request to the City Council with the following stipulations: 1. The petitioner shall submit a landscape plan complying with the district requirements prior to issuance of a building permit. 2. The petitioner shall comply with the comments in Scott Erickson's memo dated October 17, 1994 prior to issuance of a building permit. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council as presented by staff. 4R. Staff Report ZOA #94-05, by Supreme Tool Page 3 CITY COUNCIL RECOP+II�IENDATION �Staff recommends that the City Council concur with the Planning Commission action. 4S n ZOA ��94-05 Supreme Tool N �/2 SEC.12, ; C/T Y OF FR/OL � , / � �23 24 ;� � � __, wi 4T LOCATION MAP C '^` { - � ��='y ~ _ � ;_.._ � _ ; �___�_��,- - _ - -�� ;`�v � - - _ � •��'�'- -^ _--^-----!-_---� _ _ °a� _ _. L . . . . . � �� . � _ ' .. .. ' `� �''� r � i �� .- . r _ � 1� �_ � � - �- ; _ ° R-4 _ S �...:�� nC O� �- ��0��^C�� .�� ^ � ,)'�- ia �- � � C'�O�O �'.�..7..�..n.p..�..��J'J � "„'�p^O^O^'-J � � i. �q 7 p �7pnp ��.��°.�^(.° E� ° � �i�-�o°� e°o°o°c°o°o°n°�� - - t °o°oc`�° ° °�°�°�- - - 3`: � _ ?�/ ��,�'��p''��•J„��CC^�O�^- - � •' 4. + � "••�',�'��^��c�r'^^ ' n^�O 7 O�O C��O� IZ � i ' " _ � �°�'�'�'� o°�'� � 1 � `I • _ = -_ ; 7„ ' '^'�°ri o o°o° ��_� , - o�n .°p°�°�° , '�, . . . ,^� - � / i . � n � �. J, � i i i il` -- � f, -- '---_ � ^ .. ,� �' v . J L �� I ��. ■ �� •� • .� ✓ / /� j . � `� / �; / %� /1 = `=��;� % R� , �_. �� %2 '� 1 M�_SOTA Q � � �; ��' � � N ' .� �: - p L � -,; - � � O Z / a 3 S � � ZOA �� 94-05 Suureme Tool ' _ c �! � , , M-1 _-. _ . . ,_ _ _ _ - ,j _ -.r, - _ _:-� ! .� - . . . - _ �..... �. ' � 4 � _"_ i�'�� f r ' �',� � . `- r �� Y-- � � > > >. � ^ _ a� ? ��:� R-1 �; . ! �� . �:�_� _ �� .:, �'"�"'�:.�'/i//iCi//; ; ,� �- :.�r_rr, �i ✓ , - -.. . �-� - _-. ' ' � ' •.•..�TQ'!'�• � • -.. . . � - � . . . . . � � �•' ��•�� R-3 , .�. • � . .�� ` • /� i � • � • f ! •L� � � • ' � • / • • _ ' ' - � `' RTON • //�• •.�.• •��1'O�l��* . • � T Rq N � , (.� . _ . z � �� ' � Nt7. i� �,.-. . .� . . y� • 7 • ' • r • • • •. • • ._ �7<� •'f _ ! • • � "s e � � � 4 E I� � • 3 � F l � ' ` DISTRICT LEGEND q-1 ONE fGMILY DWG'S ❑ M-1 IiGNT INDUSTRIAL � p-2 TWO FPMIL� DWG'S ❑ M-2 MERVY INDUSTRIAL � q-� GEN. MULTIPLE DWG'S � �UD PL�NNEO UN17 OEV. � p.� MOBILE NOME PAPK � 5-f MYDE OqRK NEIGNBORMO00 ❑ V VUBI�C FRC�lIT1ES ❑ 5-2 REDEVELOPMENT OISTRI�T 0 C-1 LOCAI BUS�NE55 {❑� 0-1 CREEN 8 NIVER PRESENVATIpM � �-2 GENERAL BUS�NESS J O-7 CRITICAL AREA Q �-7 GENERAI SMOVPINC � . �-nt GEnEA<l OFFICE _._, vnGA�ED SiREETS � � ZONING MAP � � -� � t I i � . '.. .. . � .:�. �- ,� � - ', * �� 'w � � `' i t� t Q a � i �� '� ,: �. .��a 1 �� T. `! �, ��i�ei i� ii � � � �1 � �! i� � �i ! � g�;ii� � � . � �� s . � • 4 � � � � � � � � � ,g �� p� � R � � � �� • �.� � b�� s 3�� RE2 5 : � ; � i E � � • � � ZOA 4�94-OS Supreme Tool � � . . � � !, � 0 � � � i�i � � �� : �- i� � �r �-� "- � � � � �� u � t� ` � �� (OVOiI NOMN) 59 'oN � �� 4V �� •��, � C� :� � �� . 31d1S � a � �--� � s s � 1 � � 1 � � � � . � �`�}�i f� ��3 3�3 a C!• � �� o � 2 � � �� $;� � '�# � �� b �� ......�... _ � 0 � +_ a > w J W �a �'s � �� m� � �g t 9 �� . E� � � x -� _ - - �,. ,,.....w. a � � � '� � � ��; � � j;,j W � � ��i� � $ � �iR � -----------�---�------ ��----------------- !db'02i N0211n) GY021 390'1NO.Jd 59 'ON .IVflM�%IM 16b'3 S9 'ON .17f11H�it-t >INn�l 311�1s � 4W z Q J � � wR �� Enq�neennn, Sewer Watcr Parks Slreels Maintcndnce TO: John Palacio, Chief Building Inspector PW94-339 FROM: Scott Erickson, Assistant Public Works Director DATE: October 17, 1994 SUBJECT: Drainage and Grading Review for Supreme Tool Inc. 1. A Storm Pond Maintenance Agreement will need to be recorded with the property prior to issuance of a building permit. 2. Install rip-rap with �lter blanket at the outlet of the storm water pipe. 3. Install a flared end section with grate on the end of the storm pipe outlet. 4. Provide a piped outlet to the pond with direct connection to the existing storm pipe. Provide hydraulic calculations. The outlet should be sized to meter predeveloped flow rates. 5. A Hold Harmless Agreement will be required for any impravements constructed in easement areas (parking, storm pond). 6. The driveway entrance should be constructed to retain all drainage on-site. 7. Clearly note on the plans the size and type of all existing utilities. 8. Viron Road has been redesignated as Hwy 65 East Service Road. 9. Provide Detailed information for the hydrology and ponding calculations (time of concentration, etc.). How is existing flow rate greater than the predeveloped? The existing flow rate calculations should be based on an unimproved grassed area. 10. Rice Creek Watershed District approval is required. Provide copies of approval when obtained. 4X 'r •,� • �� October 18, 1994 Page 2 11. All existing street surfaces shall be kept free of dirt and debris and shall be swept on a daily�basis or as directed by the City. �,'�,..�+G C�za,s(�c;e�" 12. The building should not be located within any easement areas. 13. Mountable curb and gutter shall not be used. 14. Provide a rocked entry point to the site during construction. Show location and detail on the plan. 15. All drainage from the site should be directed to the storm pond. Sub-catchment 2 should be routed to the pond. SE:cz cc: Michele McPherson Paul Cherney, Pioneer Engineering � �� _ � . Community Development Department PLANNING DIVISION City of Fridley DATE: November 17, 1994 � TO: William Burns, City Manager �� E�� SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Establish a Public Hearing for December 5, 1994 for a Rezoning Request, ZOA #94-04, by David McIntyre of Ceres Environmental, Inc. At the regular meeting of November 2, 1994, the Planning Commission reviewed a request to rezone Lots 1 and 2, Block 3, Great Northern Industrial Center East from M-2, Heavy Industrial to M-3, Heavy Industrial, Outdoor Intensive. The property is generally located east of 5101 Industrial Boulevard N.E., north of FMC and adjacent to the Burlington Northern mainline. The Planning Commission voted unanimously to recommend approval of the request to the City Council with stipulations. RECOMMTsNDATION Staff recommends the City Council established December 5, 1994 as the date of the public hearing. sx/dw M-94-701 C7' S TAFF REP O RT �1 Community Development Department Appeals Commission Date Planning Commission Date : November 2, 1994 City Council Date : November 2 1, 1994 APPI,ICATION NIIMBER: Rezoning request, ZOA #94-04 PETITIONBR: David McIntyre for Ceres Environmental, Inc. LOCATION: Lots 1 and 2, Block 3, Great Northern Industrial Center. Generally located on Ashton Avenue east of Pearlman Rocque Company. . REOUEST• To rezone two industrial lots from M-2, Heavy Industrial to M-3, Heavy Industrial Outdoor Intensive. The M-3 zoning district would permit the petitioners to have an outdoor storage area for their large equipment and materials, and to construct a corporate office and service building. Site In 1969, the Fridley City Council approved a plat request for the Great Northern Industrial Center plat on the southeast corner of I-694 and East River Road. The 106.72 acre parcel had previously been utilized as an airplane runway and trap-shooting range. Once platted, the land became occupied by industrial complexes including GTE Sylvania, Pearlman Rocque, and Midwest Printing. In 1985, Minikahda Mini Storage approached Alfred Nelson with an interest in a portion of the 12.4 acre parcel that lies between Ashton Avenue and the rail lines. The 12.4 acres had not previously been a part of the Great Northern Industrial Center plat. The request to plat the land into four lots as the Great Northern Industrial Center East was reviewed and approved. Subsequent to that approval, Minikahda Mini Storage developed 7.73 acres, leaving 2.79 acres of developable land and Outlots A and B, which served as rail access for the internal sites in the Staff Report ZOA #94-04, by Ceres Environmental Page 2 industrial park. Great Northern's covenants on the plat require a minimum two acre site for industrial development. The City of Fridley requires 1.5 acres as a minimum lot size in the M-3 district. The petitioner has a site with sufficient size to develop, but not to further subdivide. Lots 1 and 2 must be consolidated as one site to meet the minimum standards defined by the development covenants. **Stipulation** M-3 Zoninq District Lots 1 and 2, Block 3, Great Northern Industrial center East shall be consolidated as one tau parcel. In May of 1992, the City Council approved a modification in the zoning ordinance to include an M-3 zoning district. The intent of the district is to create a district which permits M-1 and M-2 uses and those uses which require intensive outdoor storage. Outdoor intensive uses are contractor yards, trucking terminals, rock crushing yards, and other uses which require outdoor storage as a principal activity. The thought was that this zoning district would limit the amount of outdoor intensive uses within the City and preserve the remaining vacant land for manufacturing and other basic industries. In Fridley, the M-3 zoned property is located in the northern industrial area of the City. Trucking terminals were located north of 83rd Avenue and west of Main Street. Park Construction, is a large M-3 construction/demolition contractor, has much outdoor storage and is located near the truckinq firms in the northwest portion of the City. The City Council also approved modifications to the M-1 and M-2 zoning districts, limiting the amount of outdoor storage and requiring a special use permit in certain circu�stances. ANALYSIS• Ceres Environmental is as an environmental consultant for clients in the metropolitan area and the nation. Their services include fuel tank removal and replacement, construction demolition and recycling, timber recycling, snow removal, and general tree service (trimming, dead tree removal, etc.). Steve Johnson of Ceres Environmental has indicated primary items to be stored on the Fridley site are equipment and occasionally sand and salt related to ' = = that the their heavy snow removal Staff Report ZOA #94-04, by Ceres Environmental Page 3 or products that allow the maintenance staff to repair equipment properly. As an example, if a wood chipper is in the Ceres yard to be repaired, a pile of wood may accompany the chipper so that the machine can be tested. Ceres has other locations in the metropolitan area to handle their specific needs. A Maple Grove site serves as their wood/timber recycling location. Ceres is a contractor for Hennepin Cotinty's timber recycling. When asked if those activities would be moved to the Fridley site, Johnson reiterated that this site will serve their company's administrative office and equipment maintenance needs only. Although Ceres does offer tank removal and replacement, no tanks new or used will be stored on-site according to the applicant. The subject parcel is relatively narrow, and Ceres believes the site is well-suited for their company because their office building is relatively small. The Ceres Environmental representatives were attracted to the subject parcel because of its location and its suitability for their needs based on its size and their expandability potential. After reviewing their preliminary plans, staff did not believe that the outdoor storage provisions of the M-2 zoning district would be met considering the size of the equipment, the amount of outdoor storage required, and the nature of materials related to their business. Consequently, staff required a rezoning request to M-3. As you recall, the M-3 district was adopted as a district which allows outdoor intensive uses. Criteria for Considerinq a Rezoning Request 1. Compatibility with adjacent uses: North - zoned M-2, Heavy Industrial (Minikahda Mini - Storage�, which is an industrial self-storage facility with indoor storage and asphalt driving aisles and parking surfaces. The site contains a series of many buildings. East - zoned M-2, Heavy Industrial, which is an industrial area adjacent to Main Street and includes industries such as HB Fuller. These sites contain large buildings and related parking. 4CC Staff Report ZOA #94-04, by Ceres Environmental Page 4 South - zoned M-2, Heavy Industrial, which i�cludes FMC and the Quebecor building. These facilities have some outdoor storaqe which is incidental to their principal use. These buildings are larger with parking related to that larger principal use. West - zoned M-2, Heavy Industrial, which is Pearlman Rocque, a transfer facility for restaurants includinq McDonalds. Outdoor . truck-trailer activity is limited to incidental traffic related to the principal use. This site contains two larger buildings and parking that is incidental to the primary use. As the site was further reviewed, the strong points of this proposal were its �ocation against the railroad tracks and the narrow dimension of this site seems well-suited for the proposed use. The issues against an M-3 modification include the fact that there are available M-3 zoned sites within the community which have been deemed appropriate for this type of use, thereby preserving surrounding typical industrial development land. The Ceres building is relatively small and its outdoor intensity of use is greater than the outdoor uses in the surrounding area. Based on this fact, staff recommends that the use is incompatible with the surrounding area. 2. District intent: The intent of the M-3 district is to allow heavy industrial uses that depend on outdoor storage. The proposal is consistent with the M-3 zoning district intent. 3. District regulations: Staff has reviewed the plan submitted by the petitioner. The proposed site could meet the district regulations with modifications to berming, landscaping, irrigation, and parking surface requirements. Attached please find the site data as reviewed by staff and the stipulations that resulted from that review. � � i Staff Report ZOA #94-04, by Ceres Environmental Page 5 site plan RevieN aad Recommended 8tipulations Lot Size Cur ent Zoning Prop�sed Zoning Setbacks: Front Yard Side Yard Rear Yard Driving Aisle **stipulation** Parking: Stalls Handicapped stalls) Gravel Spaces Green Space Setback 2.79 acres M-2, Heavy Industrial M-3, Heavy Industrial Outdoor Intensive 63 feet (code requires 35 feet) 100+ feet (code requires 20 feet) 25 feet (code requires 25 feet) One-way circulation The parkinq area shall include siqns and surtace stripinq to identity a oae-way circulation pattern. 21 stalls proposed (code requires 19 stalls) One stall proposed (code requires one per 50 Not permitted by code All setbacks meet code except five foot setback from property line on the eastern boundary of the site. **Stipulation** A five foot setback for landscaped area must be established alonq the eastern property line, runninq from the north to the south property lines. Irrigation of Landscaped Areas **Stipulation** Site Coverage Building Height Driving Width Landscaping Not included Irriqation shall be installed in the lront and side pards. 7� (code allows 35� for a two story building. 25 feet (code allows 65 feet) 26 feet (code allows 30 feet) Staff has determined t,hat the landscaping is insufficient to serve the screening requirements as outlined in the M-3 district. **Stipulation** The landscape plan shall be modified to include additional plaatinqs for seasonal color and screeninq. This plan shall be reviewed and approved by City staff. 4EE Staff Report ZOA #94-04, by Ceres Enviror�mental Page 6 Screening Outside storage will require additional landscaping from the northern edge of the, storage area. A berm will also be required. **Stipulation** Additional berms and landscapinq ahall be added to the site plan north of the qravel parkinq area indicated on the plat (south ot the storm water pond). The Engineering Department staff has reviewed this proposal and a verbal update will be presented at the Planning Commission meeting. **stipulation** The petitioaer shall comply with the Enqineerinq Department requirements specified in Scott Ericksoa�s memo dated October 28, 1994. **Stipulation** All surfaces intended for drives or parkinq/ storaqe of equipment shall be surfaced with concrete or asphalt. RECOMMENDATION/STIPIILATIONB: The policy issue to be decided is whether another M-3 district should be created in the City. The proposed location is on the "edge'� of the Great Northern Industrial Park and is not easily seen by residential neighborhoods. However, the site could be developed with a typical industrial building, and the site would be an "island" of outdoor activity in a predominantly industrial park setting. Staff recommends that the Planning Commission deny the rezoning request to rezone Lots 1 and 2, Block 3, Great Northern Industrial Center East due to the incompatibility of the M-3 district with the M-2 uses that surround the site. If the Planning Commission chooses to recommend approval of this request, the following stipulations are recommended: 1. 2. Lots 1 and 2, Block 3, Great Northern Industrial Center East shall be consolidated as one tax parcel. The parking area shall include signs and surface striping to identify a one-way circulation pattern. 4FF Staff Report ZOA #94-04, by Ceres Environmental Page 7 3. A five foot setback for landscaped area must be established along the eastern property line, running from the north to the south property lines. 4. Irrigation shall be installed in the front and side yards. 5. The landscape plan shall be modified to include additional plantings for seasonal color and screening. This plan shall be reviewed and approved by City staff. 6. Additional berms and landscaping shall be added to the site plan north of the gravel parking area indicated on the plat (south of the storm water pond). 7. The petitioner shall comply with the Engineering Department requirements specified in Scott Erickson's memo dated October 28, 1994. 8. All surfaces intended for drives or parking/ storage of equipment shall be surfaced with concrete or asphalt. PLANNiNG COMMISSION RECOMMENDATION The Planning Commission concurred with staff's recommendation with one modification. The Planning Commission recommended that the petitioner's request to allow gravel surfaces in the storage yard be approved. This would affect both Scott Erickson's recommended stipulation #2 requiring that all driving areas shall be hard surfaced and have concrete curb and gutter and staff's stipulation #8 requiring that all surfaces intended for drives or parking/storage of equipment shall be surfaced with concrete or asphalt. CITY COt1NCIL RECOMMENDATION Staff recommends that the City Council establish December 5, 1994 as the date of the public hearing for this rezoning request. 4GG ��✓C�/'�C�� En9meenng Sewer w,re, PaikS Slrccts M;iinten�ncc T�: John Palacio, Chief Building lnspector PW94-366 FROM: Scott Erickson, Assistant Public Works Director�i . _ ,, _ DATE: October 28, 1994 SUBJECT: Drainage and Grading Review for Ceres Environmenta! 1. A Storm Pond Maintenance Agreement wiil need to be recorded with the property prior to issuance of a building permit. 2. Ali drive areas shall be hard surfaced and have concrete curb and gutter. 3. The driveway entrance shall be constructed to retain a!I drainage on site. 4. Grade the site to one ponding location. � 5. Provide concrete blocking for all watermain piping bends. Note on the plan the amount of blocking to be installed. � 6. Install rip-rap with filter blanket at storm pipe outlet. 7. Install flared ends and trash guards on all storm pipe ends. 8. Clearly note all pipe sizes, types of material, and class of materials being proposed. 9. A minimum of 7 ft of cover is required to the top of all service lines. Is this achieved? Clearly note service depths on the plan. 10. Provide a detail on the plans for. the baffled weir outlet. 11. Show all existing and proposed invert elevations. 12. Install a manhole at the bend of the 6-in. sanitary service line. 4HH � I ., . October 31, 1994 Page 2 � 13. Install a�gate valve on the 6-in. service line. 14. Note on the plans that all street surfaces shali be kept free of dirt and debris and shali be swept on a daily basis or as directed by the City. . 15. Provide a rocked entry point to the site. Show location and detail on the plan. 16. Clearfy identify locations of silt fence iristallation. Provide a detail on the plan. 17. Provide hydrology, hydraulic, ponding calculations and all related information and assumptions. 18. Additional information may be requested. SE:cz cc: Michele McPherson Paul Cherney, Pioneer Engineering 411 ZOA ��94-04 Ceres Environmental N//2 SEC. 27, T.30, IQ 24 C1TY OF FR/OLEY 2� ; % r � ��; ,, --I x' '� ��=; I i ' � I1i ; ; �� . ��, � ,.i. � � ','.'' ��.= �� '',1;� �`. ' =�{� � � .`\ � �� i�;� � \ �- �: �c � �\ ` �---� e . , ► , - . ,. . W � h Q W ,SITE �� ,�. ; ... � ,_., ,.,.� •.,.w � .. � ti 1 � � � i \ �� -- � �_ . � . _ _...... _ . _ , , � 24 �} 13 / �� 4JJ LOCATtON MAP � � � � ti /�'��'��% � "� . v � ��/ // �/ . � �/,.///��,• / ��: � /-�,�-��l � ,/,r�� ,. � � � - �' �� '� / .�viii �►��:�t��/ . t / ��// / '/ �� / �J ! f �/ I ■ / �J, � ,� J////�� 1 � ��/./ ' / � � �� /�� ' r,�.////.��%'' /� ' "_ � '- '�/� i � � �� J i� M' � - / ,� �% �,/ ;/ �� . ./ � .. i / .. ,. ��. � . ��.i/. %: �_ ,�: -;�;;;: _ v � •� � � � � re� ►�, r�� : north � . � '� o0 u� � � o � f� � � � � � � m ■ ::j�i iiS�l:' .••.• :%:. .,.-��.: :,.Y •:iSs 3S�}:. •;..`: ::i='...e'.:-� .;1; � fi•.',•'. '��' _ �:� 1' ' � , �, _ - : -.: !: ! � i ;: ' `: , i i q�� :' �$ .. ` (f f � .. � . --_- i . :: �' q� I �-�-1 : f� i � ;� :N � �� $ i ,o '� ....� ' .. � �::; , :::* � I >:i' ' � � �� : %: ' ��;:��;�'�` ` ;��... ��: �e� � ZOA ��94-04 Ceres Environmental l ��§ �F � �� l �' z:�S'? 5;�; �:;_ 'SI �$ i i } ' g� : �4= ��' ;� " Si ��i i�� ii ; �� i ; � .L yi= t� � � Aa±�t i �S�'ii a: . Y � } a' y� • � e �� 3�i i ' 17 # 2 ` !9 �°� i '? . i ^� •iF '` Y , S I r ;�� ,, � " i i � j a' � ' t '� I F ...,. :O � Y � N 'y �' 'n -� �, � � y i�i � < � O 7 � � � � ro 0 a � w ; 6 � n �� I i � / i i j fi j _ r — r '�9y': J �L: A; • �yy '. .; . .:._ .: . �:� �� •• � � . �. .�r... :�: E — — — — ! � ; i � � � i ( `/ ; �' � 4 1 3' j I 1 � { � � �: ; ;. i �' i :% � I �jei! �� ' 'e I �`':it � t��[ IJ� � � j��s . �` �. » _�� i 0 : � . ., �z�r� � �� 4 t y 7 �� ;� t� � Y� � � f � � � N 4LL SITE PLAN i �RJ �i � s �� i�a `" � � , a sa�� z Iv � ' a ZA �<ga x �ia! a e i�a�� ;�7� I � 3 �� i��y� ; � s° �.�l�� .+ G � � V � w � � �. 9 • ++ v r N > a C o Gzl a � a� L d v d > �e a >; d. 4MM ZOA ��94-04 Ceres Environmental � 9 �D i� � � � Q � � Q Q � r .�n' y Q b 'O I �I i a� w .iy 0 � w O II 7 u a � m� 0 •i v +,•� " �:J �J) �M 111AN0 3 � " •� �� • � �� '' `� !" � ��^ �� rL,��'I�r�d�� i�� ' .` �� ' �' <�i � � ^ ,.. � � �? I .� � � � , �� . � r � " � u 1 I . ._ . .. / 1 �v� �/�r� � Cr -• �-� �- i-i I r:.1.- I--�- , . r,-.. �-. �-., i � : _.+.+i ►- ,9 ii � ;-�o:��,-tonC� C •_srivtMSO��i�r �-, • _^ < , KNOOI �i• � -� + � J � 1 _:.I �. � . 1-. . F • � • � � _�.� � •., T , . ... . r� �-� �� V ...,Kn� 1 !^s :�..�. �wl�MO • � Mt M � L=ai J '� � -� '_ � � ) � G .�'��^� �/ „ .� ��i� (: `� `� ;; -� i � � ��: �; ��, �, , �_... .--- '� '�f `---- -- - L,'-J 1 ►- -� -� . 1 .J � � r= � . •i � � � ` � • i i � � / � � � ^ J i i �' � �� 'D � ��i / � � � URSING HO ��'� s � �"�/l � �-� �. � ��.a.R � � � ' eus. CF.NT. `/ • `'�'�� o ° o , � �� • �✓ 4 , �� , �-� .._3 np �3'e / c a w� k. r I ` PERLMAN ROCQUE - 1 / l� �`.� (ll �l i I � UIIDWEST PRINTING �= � � � �,�� _ � ' �� __ � .. . ,o .. 1 T • ♦ � �t � i F;;,; �.; � I ! �:1�� I �. � a : _� ..... �/ jl i� i� �� / � jI / � � f' �; , ,�� Lt 1 � � � � ' ! {� � I ' .. � � � � 11 � I � • � I! �� I � � :. � � � �l : I� I � � :. � � � �I : i! i � � :. � � � ji ' I ' � . I I ( + � : � � � I ' ' � ' I ' I! �;, ; � � � ;� �� ;'�� r� �� i ,. � V ^ VUi1�! . �1'� • ZOA # 4 0 m� rn��` Ceres. n i dnm�enE li � �� ► .... � � yTOO i �� ..c.K � .: : ...� .�� ei � ' � 97 TN �-Y V l. ip „.� ..� r �;. �,� � �. � �� ,i i��a., F��S . . i i : il'; ' � � ssoo '� i i � �. i i ' I �1TY11� �/T I ' . NA■ .'' . r � 1 ^ a i �"WALL BOARD INC.� ' �'„�- ' � ' � � ' ...- . . \\ i IPOSED 100,OOOs.f ICE / WAREHOUSE � TE -_� � � � I!; 4NN -- -- �.�.a� �_ :ANT , � _ _�ECOR 1 ( _� I � " I , ` � t � � � , � �I•