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04/20/1998 - 4816OFFICIAL CITY COUNCIL AGENDA COUNCIL MEETING APRIL 20,1998 � unor FRIDLEY FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Manday, A�n,�2 20, 199k 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER .--• , �•c, � � iv-� � I� � � l 4 G /�% �„Cii2,,c..� � if� ' � � " �� - '` .. � , �`� u � � t V �`� ��-� , �„ � .�: � � .S .S 0 ,/�, - . // � r, C:/ `-e. } } �, �� <:1,� Jt,� �� d'�i�� i^ � �� <3C� � `7 �1 1-� %f l� � � %�'' `� . �� i. , `� C� i �-Y �t �,�.; `j'�er ��v `1Su 1 �-� C�S i,U � �� e� e M,1,.� `3�0 � � 3 �L (� — --�,��I�j l•�N . ��1 �}�,t; �C ` �� '�� ' C,� w�h1 �.�,i-3, l�� , > ��— � � , .� � ��aN l�� i.� �'`�� G�-, S ,�'" �� , � i _ 3 i� , — �� ` ��l�fi/ �,�-�`' �-��.� ,�� .�'�'� � �5 � � �`- �---��-� � �� y -7f� + f � � , � � i ' _� ` y.� . . � � � � _�.,1 _ �" ' !' %� � � .. _a_S� � _ _ �,��L�.� �, � r J � � % �< .. - ��ln � / l/ � i C �✓/ � �..c, CZr�T .j�U C�—aN�a� I%uiv1N1 �,�,-r o.� M,vN�poa.s �� - � % Yz;�� .� �,,,� - `� 3 d e �- _ � � � FRIDLEY CITY COUNCIL MEETING OF �oF APRIL 20, 1998 FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Daniel and Barbara Fleischer Appreciation Day : April 24, 1998 Loyalty Day: May �, 1998 BOARD OF REV/EW MEETING Boardof Review .................................................................................... 1.01 - 1.02 CITY COUNCIL MEET/NG APPROVAL OF MINUTES: City Council Meeting of Apri16, 1998 .� FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1998 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of April 1, 1998 ........................................ 2.01 - 2.08 Special Use Permit, SP #98-05, by Ron Stelter of Friendly Chevrolet, to Allow an Expansion of 21,780 Square Feet to a Building Used for Automobile Sales and Services, Generally Located at 7501 Highway 65 N.E. (Ward 2) ......................................................... 3.01 - 3.16 Variance, VAR #98-08, by Todd Bachman of Hortco, LLC, to Allow a Free-Standing Sign to be Increased From the Maximum Size of 80 Square Feet to 120 Square Feet, Generally Located at 8200 University Avenue N.E. (Ward 3) ........................................:...................... 4.01 - 4.23 Approve Proposal from Hoisington Koegler Group, Inc., for the Vision Process of the Comprehensive Plan and Authorize City Manager to Execute a Consultant Contract - ................................................................ 5.01 5.15 � FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1998 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDL PAGE 3 Approve Change Order No. 1 for the Hackmann Avenue Street Improvement Project No. ST 1998 - 1 ......................................................:..... 6.01 - 6.03 Resolution Providing for the Issuance and Sale of the City's General Obligation Water Revenue Refunding Bonds, _ Series 1998A ............................................................................. 7.01 - 7.28 Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to the Church of Immaculate Conception................................................................................ 8.01 - 8.02 Claims.................................................................................... 9.01 Licenses: ..............................:.................................................... 10.01 - 10.17 m Estimates: .................................................................................. 11.01 ; � � i x FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1998 PAGE 4 ADOPTION OF AGENDA: OPEN FORUM. VISITORS: Consideration of Items Not on Agenda (15 minutes). OLD BUSINESS: Second Reading of an Ordinance Repealing Chapter 407 of the Fridley City Code in its Entirety, and Adopting a New Chapter 407, Entitled "Right-of-Way Management" and Amending Chapter 11 of the Fridley City Code, Entitled "General Provisions and Fees" and, Authorize Publication of Official Title and Summary (Tabled April 6, 1998) ......................................................... 12.01 - 12.36 NEW BUSINESS: Variance, VAR #98-06, by Northwestern Orthopaedic Surgeons Partnership, LLP, to Reduce the Number of Parking Stalls as Required by City Code to Allow an Expansion within the Existing Building Footprint, Generally Located at 8290 University Avenue N.E. (Ward 3) ......................................................... 13.01 - 13.23 .- � , - - :,� , �' � � ��--��.��( G'L� �' !S � �.:�_. � �� ; �. �� j �:�:� �� . �� FRIDLEY FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1998 ., -��;.��- � ( �� The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its service programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or stat with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in an of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities wh require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Daniel and Barbara Fleischer Appreciation Day : April 24, 1998 �'��' �� `'�,Q �� k��' �v� � �� , Loyalty Day: May 2, 1998 BOARD OF REV/EW MEET/NG Board of Review ............................................ 1.01 -1.02 (�'''� � �� i � � �� „ � CITY COUNC/L MEET/NG APPROVAL OF MINUTES: City Council Meeting of April 6, 1998 f 14-�-�-!' � �� '""`�� L�-�--°�c-_�[.-c�-� � C' : .�Vf ''' � A APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of April 1, 1998 .... 2. - 2.08 �``' i ' APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Special Use Permit, SP #98-05, by Ron Stelter of Friendly Chevrolet, to Allow an Expansion of21,780 Square Feet to a Building Used for Automobile Sales and Services, Generally Located at 7501 Highway 65 N.E. (Ward 2) ..................... 3.01 - 3.16 Variance, VAR #98-08, by Todd Bachman of Hortco, LLC, to Allow a Free-Standing Sign to be Increased From the Maximum Size of 80 Square Feet to 120 Square Feet, Generally Located at 8200 University Avenue N.E. (Ward 3) .............................4.01 - 4.23 � �� Approve Proposal from Hoisington Koegler Group, Inc., for the Vision Process of the Comprehensive Plan and Authorize City Manager to Execu a Consultant Contract ....................... ... 5.01 - 5.15 ��, Approve Change Order No. 1 for the Hackmann Avenue Street Improvement Project No. ST 1998 - 1 .......................�6.0' (�� Resolution Providing for the Issuance � - 6.03 a�' and Sale of the City's General Obligation � Water Revenue Refunding Bonds, , Series 1998A ................................... 7.01 :28 �}' FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1998 � , -, PAGE 2 �� APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: � � �� NEW BUSINESS (CONTINUED): ��i Variance, VAR #98-06, by Northwestern �U \ �j �� Orthopaedic Surgeons Partnership, LLP, �ct �� Resolution in Support of an Application P� ,� �o Reduce the Number of Parking Stalls � %�� for a Minnesota Lawful Gambling Premise� � as Re uired b Ci Code to Ailow an ,! q Y tY � Permit to the Church of Immaculate �/\ .� Expansion within the Existing Building Conception ................................... 8.01 - 8.h0 � i� Footprint, Generally Located at 8290 u� University Avenue N.E. (Ward 3) .......... 13.01 - 13.23 �� ' � �� Licenses: Estimates: ADOPTION OF AGENDA: � � � � ��, �- �� - OPEN FORUM. VISITORS: .......... 9.01 � - 10.17 � r� f. 11.01nGj` 1,,� U U' Consideration of Items Not on Agenda (15 minutes). OLD BUSINESS: �� Receive Bids and Award Contract for 1998 Playground Equipment Upgrades ................... . ........... 14.01 - 14.02 g., �� c �' ` � k� �^� `� �� L`�� I�V `� � ��. �� . ► � 1 Second Reading of an Ordinance Repealing �� Chapter 407 of the Fridley City Code in \� � its Entirety, and Adopting a New Chapter 407, U � Entitled "Right-of-Way Management" and aJ2 ��' Amending Chapter 11 of the Fridley City Code, �� Q Entitled "General Provisions and Fees" �� and, � Authorize Publication of Official Title and Summary (Tabled April 6, 1998) ................... 12.01 - 12.36 Informal Status Reports ADJOURN. , r� � �� U- ....... 15.01 THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETII�TG OF AP1tIL 6,1998 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 6, 1998 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor 7orgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor 7orgenson, Councilman Barnette, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom MEMBERS ABSENT: None PROCLAMATIONS: LOYALTY DAY: This item was removed from the agenda. DAYS OF REMEMBRANCE OF THE HOLOCAUST: April 19 - 26, 1998: Mayor Jorgenson read the Proclamation of the Days of Remembrance of the Victims of the Holocaust. APPROVAL OF MINUTES: COUNCIL MEETING - MARCH 16, 1998: MOTION by Councilman Barnette to approve the minutes of the March 16, 1998 City Council Meeting as presented in writing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1115 DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF FOR TFIE TH65/CENTRAL AVENUE/LAKE POINTE DRIVE: Mr. Burns, City Manager, explained that surplus property is defined as former highway right-of-way that lays between Highway 65 and the Fridley Executive Center site. It is to be conveyed to the HRA and is to become part of the Fridley Executive Center site. CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 2 WAIVED THE SECOND READING AND APPROVED ORDINANCE NO. 1115 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS• 2. RESOLUTION NO. 21-1998 AUTHORIZING ACCESS AND USE OF RIGHT-OF-WAY FOR THE TH65/CENTRAL AVENUE/LAKE POINTE DRIVE INTERSECTION IMPROVEMENT AND REPEALING RESOLUTION NO. 16-1998: Mr. Burns, City Manager, explained that this resolution repeals and replaces a resolution that was approved at the March 16 City Council meeting. MnDOT requests that the right-of-way dedication not be tied to a future plat, as it was in the former resolution. This resolution authorizes the use of former highway right- of-way for use in constructing the Lake Pointe intersection improvements. Since the last meeting, it has been determined that two areas of overlap between this parcel and the preceding parcel are to be part of the right-of-way parcel. These areas have been defined and included in the right-of-way parcel. ADOPTED RESOLUTION NO. 21-1998. 3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 18, 1998: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 18, 1998. 4. APPROVE TRANSFER OF EASEMENT FROM THE CITY OF FRIDLEY TO THE COUNTY OF ANOKA, GENERALLY LOCATED AT 8100 EAST RIVER ROAD N.E. (WARD 31: Mr. Burns, City Manager, explained that the County is requesting that Fridley transfer a 17 foot wide strip of easement property that runs north and south in front of the Texaco Station at 8100 East River Road to them for use in improving East River Road. Since the conveyance will not pose any issues for our Public Works Department, staff recommends approval of the transfer. APPROVED THE TRANSFER OF AN EASEMENT FROM THE CITY OF FRIDLEY TO THE COUNTY OF ANOKA, GENERALLY LOCATED AT 8100 EAST RIVER ROAD, N.E. CITY COUNCIL MEETING OF APRIL 6, 1998 __ PAGE 3 5. RESOLUTION NO 22-1998 APPROVING A VACATION SAV #98-01, GENERALLY LOCATED AT 6525 U1vIVERSITY AVENUE N.E.: Mr. Burns, City Manager, stated that Semper Development (Walgreen's) is requesting the vacation of a 5 foot by 300 foot drainage and utility easement that runs through the middle of their redevelopment site from east to west. Since the easement is no longer of use to the City or NSP, staff is recommending approval. APPROVED RESOLUTION NO. 22-1998. 6. VARIANCE, VAR #98-04. BY KIM MILLER OF MILLER FUNERAL HOME, TO REDUCE THE FRONT YARD SETBACK FROM 80 FEET TO 37 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ALONG THE SOUTH SIDE OF THE PROPERTY, GENERALLY LOCATED AT 6210 HIGHWAY 65 (WARD 2): Mr. Burns, City Manager, explained that the setback reduction is from SO feet to 37 feet to allow a 6 foot by 34 foot addition to the south side of the funeral home. This same variance was approved by Council in 1996 but allowed to lapse. The setback reduction is consistent with the reduction for the existing building. The Appeals Commission has given their unanimous consent to the re-approval with the stipulation that the petitioner grant a 10 foot easement adjacent to the existing drainage easement. The new easement would allow access to the City's sewage lift station. Staff recommends Council's approval with the one stipulation. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA FOLLOWING ITEM 20 UNDER OLD BUSINESS. 7. APPROVE 1998 YARD WASTE TRANSFER SERVICE CONTRACT BETWEEN THE CITY OF FRIDLEY AND MORRELL & MORRELL, INC. Mr. Burns, City Manager, stated that the proposed contract is with Monell & Morrell, Inc. The cost of service is proposed at $120 per 75.85 cubic yard roll-off bin. Although the price is nine percent higher than the 1997 cost for these services, it should be recognized that the vendor has not requested an increase for the past three years. Staff recommends Council's approval. APPROVED THE 1998 YARD WASTE TRANSFER SERVICE CONTRACT BETWEEN THE CITY OF FRIDLEY AND MORRELL & NIORRELL. CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 4 8. APPROVE LETTER CONTRACT BETWEEN THE CITY OF FRIDLEY AND BRAUN INTERTEC FOR LABORATORY SERVICES FOR THE SPRINGBROOK CLEAN WATER PARTNERSHIP GRANT PROJECT (WARD 3): Mr. Burns, City Manager, explained that this contract is for lab services associated with the Springbrook Nature Center Clean Water Partnership Grant Program. The cost is for an amount not to exceed $10,500 and will be paid for from grant proceeds. Since Braun Intertec provided the low quote, staff is recommending their selection. APPROVED LETTER CONTRACT BETWEEN THE CITY OF FRIDLEY AND BRAUN INTERTEC FOR LABORATORY SERVICES FOR THE SPRINGBROOK CLEAN WATER PARTNERSHIP GRANT PROJECT (WARD 3). 9. APPROVE SUPPLEMENTAL AGREEMENT TO THE 57� AVENUE RECONSTRUCTION PROJECT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND BRW: Mr. Burns, City Manager, stated that when the City initiated the design agreement with BRW the estimated cost of the 57th Avenue Project was $400,000. With the addition of landscaping, lighting and other improvements, the estimated cost is now over $800,000. With the increase, BRW has submitted a change order to cover the additional cost of their design work. This change order moves engineering costs for the project from $59,160 to $149,240. Actual engineering costs will be adjusted to reflect actual construction costs. Staff recommends approval of these changes as contained in a supplemental agreement to the BRW contract. THIS TIME WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR COUNCIL AGENDA FOLLOWING ITEM 20 UNDER OLD BUSINESS. 10. RESOLUTION NO. 23-1198 APPROVING FINAL PLANS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 57TH AVENUE IMPROVEMENT PROJECT NO. ST 1997 - 4: Mr. Burns, City Manager, explained that the plans and specifications for the project have been completed. Anoka County has conducted their review, and their proposed changes have been incorporated into the plan. Staff is waiting for the completion of MnDOT's review; and it is expected to be completed shortly. Staff has also met with the neighborhood and addressed concerns raised by two property owners. In order to expedite a spring award, staff is asking Council to approve plans and specifications and to authorize staffto bid the project. CITY COUNCIL MEETING OF APRIL 6. 1998 __ PAGE 5 ADOPTED RESULUTION NO. 23-1998. 11. AUTHORIZE ADDITTONAL FUNDING FOR THE SCADA SYSTEM UPGRADE ITEMS: Mr. Burns, City Manager, explained that staff is requesting funding for the upgrading of the programmable logic controller (PLC), the main processing component for the computer system that is used to control the operation of the City's water, sewer and storm water systems. The cost for this item is $10,266. Although it is not budgeted, the cost is more than offset by savings in other capital improvement items. Additionally, staff is asking Council's approval for expenditure of funds to cover higher than expected bids for linking SCADA to the Mississippi Street storm water lift station. The amount of the overage, $3,542, may aiso be covered from savings on other projects. AUTHORIZED ADDITIONAL FUNDING FOR SCADA SYSTEM UPGRADES FOR THE CITY'S WATER AND STORM WATER SYSTEMS. 12. APPROVE SITE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND U.S. WEST WIRELESS. L.L.C.: Mr. Burns, City Manager, explained that this agreement allows U.S. WEST to place nine antennas on the City's Highway 65 water tower. The agreement is consistent with the previous agreement with APT Telecommunications. If approved, the agreement will generate an annual fee of $12,360. APPROVED SITE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND U.S. WEST WIRELESS, L.L.C. 13. RESOLUTION NO. 24-1998 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO KNIGHTS OF COLUMBUS COUNCIL 4381 FRIDLEY (KNIGHTS OF COLUMBUS COUNCIL 4381, 5831 HIGFIWAY 65 N.E.)(WARD 2): Mr. Burns, City Manager, stated that this is a renewal of a permit for a pull tab operation at the Knights of Columbus Hall on Highway 65. Staff has determined that there is no reason not to grant the renewal and recommends Council a}iproval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR COUNCIL AGENDA FOR CONSIDERATION ALONG WITH ITEMS 21 AND 22 UNDER NEW BUSINESS. .. CITY COUNCIL MEETING OF APRIL 6. 1998 PAGE 6 14. APPROVE PAYMENT OF $2,750 TO THE SOUTHERN ANOKA COUNTY COMMUNITY CONSORTIUM: Mr. Burns, City Manager, stated that along with approval of their 1998 budget, SACCC determined that it was once again necessary to assess its member jurisdictions. The proposed assessment for Fridley is $2,700. Although the amount is not budgeted, staff recommends that it be covered from our emergency reserve. APPROVED THE PAYMENT OF $2,750 TO THE SOUTHERN .ANOI�A COUNTY COMMUNITY CONSORTIUM. � 15. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that staff is recommending the appointment of 7ulianne Tostenson as Secretary in the Community Development Department. Julie is a Fridley High School graduate with college credits toward certification as a legal assistant. She has most recently been employed by the City of Arden Hills as a department secretary. She is a notary and has taken numerous job-related ciasses. Staff is recommending Julie as the top candidate from a pool of 72 applicants. APPROVED APPOINTMENT OF JULIANNE TOSTENSON AS COMMUNITY DEVELOPMENT SECRETARY. 16. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 79784 - 80127. 17. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 18. ESTIMATES: APPROVED THE ESTIMATES AS FOLLOWS: Frederic W. Knaak, Esq. Holstad and Larson, PLC 3535 Vadnais Center Drive St. Paul, MN 551-10 Services Rendered as City Attorney for the Month of March, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . $4,250.00 CITY COUNCIL MEETING OF APRIL 6. 1998 PAGE 7 M. C. Magney Construction, Inc. 19245 Highway 7 P. O. Box 249 Excelsior, MN 55331 Wellhouse No. 1 and Water Booster Station Project No. 298 Estimate No. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$81,978.35 Councilman Schneider requested that Items 6 and 9 be removed from the consent agenda and added to the Regular Council Agenda under Item 20, Old Business. Mr. Joe Sombrio, 289 Stonybrook Way, had input with regard to the gambling licenses before Council for consideration. Mayor Jorgenson noted that the two new licenses were not on the Consent Agenda and would be considered under Council Business at which time he would be given an opportunity to address Council. Councilman Billings suggested that Item 13 relating to an application for a Minnesota Lawful Gambling Premise Permit to Knights of Co(umbus be removed from the Consent Agenda, added to the Reg�.►lar Council Agenda, and be considered prior to Items 21 and 22 under New Business. MOTION by Council woman Bolkcom to approve the consent agenda, with the exception of Items 6, 9 and I3. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. ADOPTION OF AGENDA: Councilman Billings requested that the agenda be amended to consider New Business prior to Old Business with the addition of Items 6, 9 and 13 from the Consent Agenda. MOTION by Councilman Schneider to adopt the agenda as amended. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: There were no questions or comments from the public. CITY COUNCIL MEETING OF APRIL 6. 1998 PAGE S NEW BUSINESS: 13. RESOLUTION NO. 24-1998 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO KNIGHTS OF COLUMBUS COUNCIL 4381 FRIDLET (KNIGHTS OF COLUMBUS COUNCIL 4381, 6831 HIGHWAY 65 N.E.)(WARD 2): Mr. Pribyl, Finance Director, stated that staff is presenting a resolution to Council which would approve an application for a Minnesota Lawful Gambling Premise Pernut for Knights of Columbus Council 4381 Fridley. Gambling will be conducted at the KC Hall, 6831 Highway 65 N.E. Minnesota State statutes require the adoption of a resolution approving this type of gambling permit. Staff has reviewed the application and found no reason to deny this renewal application. MOTION by Councilman Schneider to adopt Resolution No. 24-1998 in support of an application for a Minnesota Lawful Gambling Premise Permit to Knights of Columbus Counci14381 Fridiey. Seconded by Councilman Barnette. Fritz Knaak, City Attorney, was asked to provide a summary of the City's ordinance and the State statutes relating to this issue. Mr. Knaak stated that the City's ordinance is regulated by a section of Minnesota Law, Chapter 349. This is an area where the State has largely pre-empted most areas of local control for lawful/charitable gambling. There is a certain area of the statutes which allows for local regulation and allows them to do certain things by way of their own ordinance. The City of Fridley has adopted an ordinance in accordance with that. The City is authorized to review the application and approve/deny the application via resolution. Any decision by Council not to approve the application must be accompanied by a specific reason for denial based on the City's ordinance criteria or State statute criteria. Lack of appropriate reason for denial could result in judicial challenges. The City really does not have a lot of discretion. Mayor Jorgenson asked if it was legal to grant a license contingent upon them agreeing to spend all of the gambling proceeds in a specified city. Mr. Fritz stated that this would not be legal. The City is permitted to require that up to fifty percent of the proceeds be spent in Fridley together with each of the cities contiguous to the city (trade area). Mayor Jorgenson stated that she believes Council was told previously that the City could reserve the right to set aside a certain percentage of the charitable gambling to go to a specific cause. Mr. Knaak stated that this is correct. There is a specific provision in the law which allows a city to dedicate up to ten percent of charitable gambling proceeds in the city to a fund that can be used for lawful purposes in the city. CITY COUNCII. MEETING OF APRIL 6, 1998 PAGE_ 9 Mayor 7orgenson asked if the ordinance would need to be amended to allow for this. Any licenses granted up to this point would continue to operate until the renewal date. Mr. Knaak stated that he believes any licenses approved, subject to this regulation would also be subject to amendments and modifications. If the City were to change the mix of funds that were to be spent inside the trade area they could do so at any time. As soon as it became effective the City would be able to direct those proceeds. Any change to the ordinance would require a first and second reading, along with necessary publications, etc. Councilman Billings urged caution if the City chooses to pursue this avenue. He noted that the legal gambling organizations in Fridley already do contribute over ten percent of their revenue to projects in the City of Fridley. When this regulation was put into the State statute several years ago there was a lot of discussion. Many of the charitable organizations would agree to give the City the requested ten percent. He indicated that the remaining funds would then be used in the rest of the trade area. By doing so, the City may be giving up thirty to forty percent of an even larger pool. If the City decides to go forth, a public hearing should be scheduled to allow the licensees to offer their input. Mayor Jorgenson stated that the City received a letter from one of the organizations asking that Fridley limit the number of establishments an organization can have in town. Currently, the City limits an organization to two pulltab operations in the city. One organization is requesting a third. Councilwoman Bolkcom asked Mr. Knaak if there was anything in the City ordinances or State statutes which would prohibit an organization from designating all of their proceeds to one city. Mr. Knaak replied that there was not. Councilman Barnette asked what it takes to become a pulltab operator. Reba Whiteoak, 3547 Fillmore Street N.E., gambling manager for WAABI, stated that one needs to have a signed lease, have at least fifteen members in the organization, have been in business for three years and have a set of bylaws. They then need to complete an application from the state and request approval from the City Council. Joe Sombrio, 289 Stonybrook Way stated that he felt there are changes which could be made by Council to protect the citizens of Fridley. Mr. Knaak agreed, stating that the State statutes do allow the City to be more restrictive on how gambling is regulated. If Council wishes to prohibit a type of gambling or the hours, etc., they can do so. However, the residency issue (asking that organizations be located within the city), in his opinion, could be challenged. Councilwoman Bolkcom stated that she felt most of the residents would like to change the ordinance to require that at least fifty percent of the proceeds must be spent in the community. CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 10 Mr. Sombrio stated that residents are merely saying that the Fridley ordinance does not protect the residents as far as donations or contributions. He noted that the City of Chaska has a reguirement that at least fifty percent of the net profits shall be spent for- - lawful purposes in the City of Chaska or benefiting persons within the Chaska community. Mr. Knaak stated that in his opinion, this is not in compliance with State law. Councilman Billings stated that Chaska's ordinance requiring the profits to benefit persons within the Chaska community may very well be referring to the Chaska trade area, in which case the requirements would be the same as Fridley's. The City's previous ordinance required that ten percent of profits be spent in the City of Fridley, however they were required to change that to the "Fridley trade area". Mr. Knaak is the second City Attorney who has given the same legal opinion on this issue. Councilwoman Bolkcom stated that Council does not have reason to deny the gambling applications before them; however this does not mean that Council is unwiiling to look at making future changes to the existing ordinance. Furthermore, if changes are made in the future, licensees can be required to comply with the ordinance changes. She noted that residents always have the opportunity to lobby their State representatives for changes to the State statutes. Mr. Knaak took this opportunity to read the requirements as stated in Minnesota State statutes. He agreed to talk with staff from other municipalities as well as their attarneys with regard to this issue. A resident from the audience asked if there are generally more applications for these licenses than there are places for them to operate. Mayor Jorgenson explained that an application cannot be completed without a bar lease. Ms. Gail Ahrens, 198 Mercury Drive, stated that she understands the legalities involved. However, it is very important that the gambling organizations coming in have the same funding commitments to the community as WAABI, or the children in the community will feel the effects. She noted that one of the organizations brought in an average of $37,000 per month over the past three months from their three existing sites. This organization plans to add a fourth site in Fridley. If they are based in Minneapolis, she wonders how large a percentage of the proceeds will be directed to activities within that community. Marilyn Peters, 4002 Sixth Street N.E., Coordinator of SACA Food Shelf, stated that WAABI has been very supportive of their organization over the years which has allowed them to help many families in the area. She hopes that WAABI would be able to stay in the area. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, MAYOR JORGENSON DECLAIRED THEMOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING OF APRIL 6. 1998 PAGE 11 21. RESOLUTION NO. 25-1998 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO ITALIAN AMERICAN MINNEAPOLIS FOUNDATION CLUB (MAIN EVENT, 7820 UNIVERSITY AVENUE N.E. )(WARD 3): Mr. Pribyl, Finance Director, explained that this is a new application submitted by the Italian American Minneapolis Foundation Club, founded in 1982. It operates exclusively for charitable and educational purposes. Their primary goal is to serve the residents of the northeast suburbs including Fridley. Councilman Schneider asked if this organization had an analysis of how the gambling fund proceeds have been distributed in the past. Mr. Pribyl noted that this was not a requirement of the application process. Mayor Jorgenson noted that if the application is approved, Council could go back in one year and review the distributions made over the past year to charitable organizations within the contiguous trade area. Councilman Schneider asked if they are required to complete a quarterly report. Mr. Pribyl responded in the affirmative, and noted that they are reviewed to the best of their ability to verify compliance (have spent fifty percent of the net proceeds in the trade area). The State Gambiing Board would investigate any problems. Frank Ba(ma, 7611 36th Avenue North, of the Italian American Minneapolis Foundation Club, stated that their organization is licensed, and they have conducted their activities mainly in the northeast area of Minneapolis and the northeast communities. Fridley has been a beneficiary of their funds on many occasions. Their organization is governed by a Board of Directors. They submit reports to the City and to the State of Minnesota on a monthly basis. They are audited yearly, a certified copy of which is available for review. They want to assure the community that they do not intend to do anything different. Requests for funds are reviewed and considered based on merit with education being a high priority. They provide scholarships to all deserving schools in the metropolitan area. Education scholarships account for approximately fifty percent of the funds. The remaining funds are distributed among churches, organizations, food sheives, etc. He is confident that they can do a good job in Fridley. Larry Moreland, 6100 Trinity Drive, noted that the Italian American Minneapolis Foundation Club is based in Minneapolis. Legally, they can take proceeds that are made at their Fridley establishments and designate them for activities in Minneapolis. He felt that an organization that is knit in the city cares more about the residents of that city than someone coming in from the outside. Rick 7ohnson, 4405 Sixth Street N.E., asked if the Italian American Minneapolis Foundation can legally take funds for operating expenses for their own organization. Mr. Balma stated that up to thirty percent of the total donations can be applied to CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 12 administrative costs such as payroll, rent, telephone, etc. Funds cannot, however, be used for taxes, maintenance or property improvements. Kathy Hinder, 80 Logan Parkway, asked if there is a mandatory form or criteria to allow an organization to go in and operate pulltabs out of an establishment. Mayor Jorgenson stated that if the applicant meets the requirements, it is considered a business relationship, and neither the state nor the city can regulate that relationship. � Ms. Hinder stated she is aware that many pulltab operators pull in a substantiai amount of funds on a given night. Councilman Billings stated that he believes a large percentage of the funds go back to the people buying the pulltabs through winnings. Just because the pulltabs are sold does not mean they are strictly profit. Gail Ahrens stated that she examined the Italian American's for the past three months statements that were filed with the City of Minneapolis. She was toid that information on the actual places that received donations was privileged information and contained in the annual report. They would not divulge that information. However, with an average net profit of $37,000 per month over the past three months, she wondered what donations were made. Mr. Balma stated that of the estimated $100,000 collected, they have approximately 350 applicants being considered for scholarships in the amount of $1,500 each from all area schools in the metropolitan area. The year-end reports for their organization will be filed June 30, 1998 and will be available for review after that date. Councilman Billings asked what would be grounds for denial of an application. Mr. Knaak responded that the application could be denied if the City found that fifty percent of the proceeds were not spent in the trade area, or if the applicant had established a pattern of inappropriate conduct. Barb Hubbard, 5801 Fifth Street N.E. stated that she has been a member of WAABI for over twenty years. WAABI has been at the Shorewood for the past seven years. She stated that if these two applications before Council are granted, it will leave WAABI with nothing. Councilman Billings explained that WAABI has not submitted an application for an extension. Ms. Whiteoak stated that it is the public's desire to say that whoever comes to the pulltab areas knows the obligations to the City of Frid(ey. They want to insure the continuation of programs that WAABI has been instrumental in starting. MOTION by Councilwoman Bolkcom to adopt Resolution No. 25-1998 in support of an application for a Minnesota Lawful Gambling Premise Permit to Italian American Minneapolis Foundation Club (Main Event, 7820 University Avenue N.E.). CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 13 The City Council thanked the public for their comments and thanked WAABI for their support. They will be sorry to see WAABI leave. However, it is also important that it not be portrayed that other organizations are not welcome. Change is difficult to accept, and it will be important for new organizations seriously to consider the comments addressed by the public. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 22. RESOLUTION NO. 26-1998 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO MINNESOTA YOUTH ATFILETIC SERVICES (SHOREWOOD RESTAURANT, 6161 ffiGHWAY 65 N.E.)(WARD 21: Mr. Pribyl, Finance Director, explained that this is a new application from the Minnesota Youth Athletic Services. They have indicated that they are dedicated to improving the delivery of youth sports services to young athletes, coaches and parents. They attempt to promote sportsmanship, teamwork and cultural interaction through sporting competition. They also attempt to link regional volunteer youth sports programs with others statewide. Dan Klinkhammer, 4111 Central Avenue N.E., Director of �he Minnesota Youth Athletic Services, read a statement providing a summary of their organization. He noted that in 1997 alone they had over 100,000 individual participants in a variety of sporting programs. They have one other charitable gambling site in St. Paul. The Minnesota Youth Athletic Services will do whatever possible to establish and maintain a positive relationship with the residents of Fridley and its contiguous area. They are already serving as a vital fundraising tool for several Fridley organizations; several Fridley youth sports groups have a history of serving as their host to numerous MYS and AAU Youth Sport Competitions. Councilwoman Bolkcom asked if an individual can get financial assistance to help them play a sport. Mr. Klinkhammer responded in the affirmative. Councilwoman Bolkcom asked if they would also consider supporting SACA food shelves. Mr. Klinkhammer responded in the affirmative. All applications for funding are reviewed by the Board of Directors, and awards are granted based on the amount of funds available. MOTION by Councilman Schneider to adopt the Resolution No. 26-1998 in support of an application for a Minnesota Lawful Gamb(ing Premise Permit to Minnesota Youth Athletic Services. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. . CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 14 OLD BUSINESS: 19. SECOND READING OF AN ORDINANCE REPEALLING CHAPTER 407 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 407. ENTITLED "RIGFIT-OF-WAY MANAGEMENT" AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE. ENTITLED "GENERAL PROVISIONS AND FEES" fTABLED MARCH 16, 1998: AND AUTHORIZE PUBLICATION OF OFFICIAL TITLE AND SUMMARY: Mr. Flora, Public Works Director, explained that as a result of the last Council meeting and the concerns expressed on some of the issues, he met with representatives of the utility companies on March 24, 1998 and made some substantial changes to the ordinance at that time. Some of these changes included a new paragraph to allow for the waiving of fees in an emergency; the excavation permit was broken down into three major parts; the definition of obstruction was expanded to apply to anything over eight hours in the right- of-way; a correction was made to the degradation cost; and a clarification was made on the issue of undergrounding. After meeting with the utilities and the task force, he believed that the ordinance before Council was a better document than originally developed. It properly addresses the municipal as well as utility issues in overseeing the right-of-way and recoupment of costs associated with that. Mayor Jorgenson stated that she received letters from Paragon Cable, U. S. WEST and Minnegasco regarding the proposed right-of-way ordinance. She asked that they be entered into the record. MOTION by Councilman Schneider to receive the letters from Paragon Cable dated March 31, 1998, from U. S. WEST dated April 2, 1998 and from Minnegasco dated April3, 1998, and that they be entered into the record. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Questions were raised about the degradation costs (407.11) and clarification was requested in regard to the fee calculations. After some discussion, Councilman Billings felt that the reference to "square foot" in the calculation should be changed to "lineal foot". He also felt that the calculation for the excavation permit should be clarified. Councilwoman Bolkcom asked how the cost would be calculated if two utility companies were working in the area at the same time. Mr. Flora noted that they would share the cost associated with the necessary permits. CITY COUNCII. MEETING OF APRIL 6. 1998 PAGE 15 Mayor Jorgenson asked if the City of Fridley maintains the right-of-ways on all streets in the city. Mr. Flora stated that the City maintains all with the exception of the county and state highways. In the case of county and state Right-of-Ways, there is a reduced fee of fifty percent. This fee is necessary due to the fact that those roads intersect with Fridley streets, and it is necessary for the City to maintain information in regard to what is in their system and what the city could encounter when working in the right-of-way associated with the County or State highway. Councilman Billings asked for a clarification in regard to obstruction permits (pg. 19.14). Mr. Flora explained that if a utility is working on a project with the city, they would be required to pay one-half of the excavation fee. However, if they are doing a county or highway project, they would pay no excavation fee, only an obstruction permit fee and provide the City with mapping data for recording purposes. The obstruction fee re-coups the administrative costs associated with recording the data into the City's data base. Councilman Schneider stated that he felt this was a very complicated ordinance. He felt that the data should be analyzed after a period of time to make sure that the fees are appropriate. Councilman Billings asked how the proposed fees compare with the fees that exist today. Mr. Flora noted that the only existing fee is a$200 excavation fee and a$25 re-inspection fee. Questions were also raised with regard to franchise supremacy. Only in those tendencies that an item is not negotiated in a franchise with the utility companies, would the ordinance apply. Councilman Schneider asked how the fees in the proposed ordinance compare to model ordinances. Mr. Flora explained that this is a model ordinance and that it complies with State statutes. The fees are based upon the estimated time involved in processing the information by personnel. Councilman Billings noted that there are areas of the ordinance referring to "director." It was felt that perhaps "the City" may be more appropriate language in many of those areas. He requested that the ordinance be reviewed for said necessary changes. In consideration of the numerous concerns, it was suggested that perhaps approval of this ordinance should be tabled until after the Public Utilities Commission meets or a state- wide ordinance is approved. Mayor Jorgenson noted that this could likely be at least one year away. Councilman Schneider stated that he felt an ordinance needed to be in place to determine what is reasonable. If changes need to be made, amendments can be made to the ordinance. It was his feeting that the language should be changed with necessary clarifications and that staff should bring it back to Council at the April 20 meeting. He � CITY COUNCIL MEETING OF APRIL 6. 1998 PAGE 16 also asked if language could be included in the ordinance to allow for a formal review process after a specified period of time to review the costs. Mr. Flora responded that this could be done. Councilman Barnette asked if the Public Utilities Commission could come up with a fee schedule that would be applicable state-wide. Mr. Flora stated that he does not feel it would be easy to adopt state-wide fees. However, the City could be required to adjust the fees if the Public Utilities Commission determines that the fees are in excess of what they should be. MOTION by Councilwoman Bolkcom to table the second reading of this ordinance until the next regular City Council meeting of April 20, 1998. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Mr. Richard Pilon, Senior Engineer of Minnegasco, presented Mr. Flora with their GIS maps for the City of Fridley, and indicated that they would be available to the City on disk sometime in the fall of 1998. 20. 1998 APPOINTMENTS TO CITY COMMISSIONS (TABLED MARCH 16, 1998): MOTION by Councilwoman Bolkcom to re-appoint Dean Saba to the Planning Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to re-appoint Blaine Jones to the Appeals Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimousty. MOTION by Councilwoman Bolkcom to re-appoint Bruce Bondow and Rosalie Landt to the Environmental Quality and Energy Commission. After discussion, Councilwoman Bolkcom rescinded her motion to re-appoint Bruce Bondow until they have had an opportunity to confirm his continued interest in serving on the commission. MOTION by Councilwoman Bolkcom to re-appoint Rosalie Landt to the Environmental Quality and Energy Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Mayor Jorgenson noted that Council received a letter in the last Council packet of mail from Annette Mitchell requesting appointment to the Human Resources Commission. t CITY COUNCIL MEETING OF APRIL 6. 1998 PAGE 17 MOTION by Councilwoman Bolkcom to re-appoint LeRoy Oquist and Satveer Chaudhary and to appoint Annette Mitchell to the Human Resource Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jargenson declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to re-appoint Richard Young and Tim Solberg to the Parks and Recreation Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to re-appoint Genevieve Peterson to the Cable Television and Telecommunications Advisory Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion camed unanimousiy. MOTION by Councilwoman Bolkcom to re-appoint Mavis Hauge to the Police Civil Service Commission. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Mayor 7orgenson noted that the City received a letter of resignation from Duane Prairie for the Housing and Redevelopment Authority. Pat Gabel has shown an interest in serving on the HRA, and it would be her recommendation to appoint Pat Gabel. MOTION by Councilman Schneider to appoint Pat Gabel to the HRA. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 6. VARIANCE, VAR #87-04, BY KIM MILLER OF MILLER FUNERAL HOME, TO REDUCE THE FRONT YARD SETBACK FROM 80 FEET TO 37 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ALONG THE SOUTH SIDE OF THE PROPERTY. GENERALLY LOCATED AT 6210 HIGHWAY 65 (WARD 2): Councilman Schneider stated he asked that this item be removed from the consent agenda to obtain clarification on the existing garage and the finishing materials to be used on such. Mr. Hickok, Planning Coordinator, explained that the representatives of Miller Funeral Home are currently evaluating the different options for the exterior finish on the existing garage. Without any stipulations, the City Code requires that building finishes be something other than plain concrete block, and it is his belief that they can come to some satisfactory resolution on this matter. Councilman Schneider stated that he feels there should be a stipulation included that the applicant work with staff to come up with a satisfactory finish for the existing garage. MOTION by Councilman Schneider to approve the Variance Request #98-04 with the following stipulations: 1) that the petitioner grant a 10 foot easement adjacent to the CIT1' COUNCIL MEETING OF APRIL 6, 1998 PAGE 18 existing drainage easement to provide access to a sewage pumping station; and 2) that the petitioner come to an agreement with staff as to the exterior finish on the west wall of the e�sting garage. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 9. APPROVE SUPPLEMENTAL AGREEMENT TO THE 57'�" AVENUE RECONSTRUCTION PROJECT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND BRW: Councilman Schneider noted that there has been a significant increase in the estimated cost of this project and wondered how much will be applied to the taxpayers. Mr. Flora �noted that this information was contained in his memorandum of April 6, 1998. Most of the added costs are associated with inspection and surveying which will be reimbursed by the County. MOTION by Councilman Schneider to approve the Supplemental Agreement to the 57th Avenue Reconstruction Project Agreement Between the City of Fridley and BRW. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 23. INFROMAL STATUS REPORTS: Mr. Burns noted that Dave Sallman, Public Safety Director, was present to discuss the Police Department's 1998 Goals and Objectives; however due to the late hour, Council may wish to divert this matter to the April 27 conference meeting. This was the consensus of the CounciL Councilwoman Bolkcom reminded the audience of the SOth Anniversary Task Force meeting on Thursday evening, noting that they are actively looking for new members. Mr. Flora provided a brief update as to the Hackman Avenue sump-pump line. He noted that two meetings were held with a very poor response from residents. He felt that the line should be put in. As new pumps are connected to the pipe, a$200 fee could be collected as originally discussed which will help recoup some of the costs for the City. 0 CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 19' ADJOURNMENT• MOTION by Councilwoman Bolkcom to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of April 6, 1998 adjourned at 11:29 p.m. Respectfully submitted, Tamara D. Saefke Nancy 7. Jorgenson Recording Secretary Mayor CITY OF FRIDLEY OFFICIAL PUBLICATION ASSESSMENT NOTICE NOTICE IS HEREBY GNEN, that the Board of Review of the City of Fridley in Anoka County, Minnesota, will meet at the Fridley Municipal Center, 6431 University Avenue Northeast, in said City on Monday the 20th of April, 1998 at 7:30 P.M., for the purpose of reviewing and correcting the assessments of said City of Fridley for the year of 1998. All persons considering themselves aggrieved by said assessment or who wish to complain that the property of another is assessed too low are hereby not�ed to appear at the said meeting and show cause for having such assessments corrected. No complaint that another person is assessed too low will be acted upon until the person so assessed, or his agent, shall have been notfied of such complaint. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than April 17, 1998. William A. Champa City Clerk Published: April 2, 1998 Focus News April 9, 1998 Focus News 1.01 --Form No. A. F. 4— Notice to Clerk of Meeting of Board of Review —'Equalization. R . Miller/Oavis Co., St. Paul, MN OFFICE OF COUNTY ASSESSOR TO THE CLERK OF THE CITY pF FRIDLEY ANOKA COUNTY, MINNESOTA: NOTICE IS HEREBY GIVEN, That the 20TH day of APRIL. 1998 at 7: 3 0 o'clock P M., has been fixed as the date for the meeting of the Board of Review— (Strike out one) *Equalization—in your CITY for said year. This meeting should be held in your office as provided by law. Pursuant to the provisions of Minnesota Statutes Section 274.03, you are required to give notice of said meeting by publication and posting, not later than ten days prior to the date of said meeting. � Given under my hand this �b�� c 'Applies only to Cities whose charter provides for a Board of Equalization instead of a Board of Review. __' -- 1.02 �, CITY OF FRIDLEY PLANNING COMMISSION MEETING, APRIL 1,1998 . � �-� - Chairperson Savage calied the Aprii 1, 1998, Planning Commission meeting to order at 7:35 p.m. . . . _ Members Present: Diane Savage, Dean Saba, Brad Sielaff, Connie Modig Members Absent: Dave Kondrick. LeRoy Oquist, Larry Kuechle Others Present: Scott Hickok, Planning Coordinator � Paul Tatting, Planning Assistant Ron Stelter. Friendly Chevrolet Darwin Lindahl, Darwin Lindahl Architects `'=! __-! ►�_: ; ..; - . ► � • • u � M TI N by Mr. Saba, seconded by Mr. Sielaff, to approve the March 18, 1998, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING• CONSIDERATION OF SPECIAL USE PERMIT. SP #98-04. BY ANGELES MORTGAGE INVESTMENT TRUST/WW KLUS REALTY: To permit the sale of automobiles on Lots 4, 5, 6, 7 and 8, at Block 3, University Industrial Park, generally located at 7920 and 7976 University Avenue N.E. Ms. Savage stated the Commission had received a copy of the letter from Mr. Klus to staff requesting a continuance of the hearing until April 15. MOTION by Mr. Saba, seconded by Mr. Sielaff, to receive the letter from Mr. Klus dated March 27, 1998. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Saba, seconded by Mr. Sielaff, to continue the public hearing on Special Use Permit, SP #98-04, to April 15. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. _ ___ 2.01 PLANNING COMMISSION_ MEETING. APRIL.'l, 1998 PAGE 2 2. PUBLIC HEARING: CONSIDERATION OF SPECIAL USE PERMIT. SP #98-05. BY FRIENDLY CHEVROLET: To aliow an expansion of 21,778 square feet to a building used for automobile sales and services by Friendly Chevrolet on Lot 1, Block 1, Friendly Chevrolet Addition, located at 7501 Highway 65 N.E. MOTION by Ms. Modig, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:37 P.M. Mr. Tatting stated the special use permit requested by Friendly Chevrolet is for a proposed expansion of the existing building. The property is located east of Highway 65 and no�th of Fireside Drive. The site is currently being used as an auto dealership for sales and service of new and used vehicles. The proposed addition would expand the existing service department and include a car wash. A special use permit is required for agencies selling or displaying new and/or used vehicles, repair garages, and motor vehicle wash establishments. Mr. Tatting stated the site is zoned C-3, General Shopping Center. The adjacent property to the north is zoned M-1, Light Industrial, and M-4, Manufacturing Only; to the east is M- 1, Light Industrial, and M-4, Manufacturing Only; to the south is R-2, Mobile Home Park, and C-3, General Shopping; and to the west across Highway 65 is R-4, Mobile Home Park. Mr. Tatting stated that in 1997, Friendly Chevrolet was involved with three land issues--a re-subdivision and replatting of the parcel; a rezoning of a parcel; and a special use permit for the parking lot expansion. This special use permit would allow construction of a 21,780 square foot addition resulting in a total area of 60,884 square feet on 2.48 acres. The proposed addition will expand the service department and include a car wash. Mr. Tatting stated the plans for the building exterior indicate a pre-finished metal flashing and precast concrete wall panels. The new addition would be painted white to match the existing building. The plans show seven garage doors on the south side and five on the north side. The car wash is meant to be used by their customers. Mr. Tatting stated the existing building requires 76 parking spaces. The new building, using a speculative parking ratio, would require an additional 109 parking spaces for a total of 185 spaces. The plans show there are 204 parking stalls for customers and employees. The area that was rezoned needs to be paved and striped upon complefion of the new addition. Mr. Tatting stated a landscape plan was submitted and was found to be inadequate. It does not provide sufficient screening of the garage doors facing Fireside Drive. Staff will 2.02 PLANNING COMMISSION MEETING, APRIL 1'1998, PAGE 3;_,. . work with the petitioner and owner to develop a plan that will provide more screening in the form of additional plantings and trees. Mr. Tatting stated staff recommends approval of the special use permit with the following stipulations: 1. No cars shall be parked in the boulevard, on any landscaped areas, or on the street. 2. The petitioner shall provide curb and gutter along the entire perimeter of the new parking areas. 3. A landscape plan for the site shall be approved by the City prior to issuance of a building permit. 4. The entire parking and vehicle display areas shall be paved before the new addition is occupied. � 5. The parking spaces shall be striped a# a width of 10 feet. 6. A minimum of 185 parking stalls shall be designated for customers and employees. 7. No cars or other vehicles shall be parked in a manner so as to impede the free travel of vehicles in areas intended as drive aisles. 8. To maintain a homogeneous appearance, the exterior of the addition should match that of the existing principal building. 9. The use of the car wash is only for patrons of the business. Mr. Tatting stated that since the staff report was mailed, staff has revised stipulation #8 to read, 'To maintain a homogeneous appearance, the exterior of the addition shall match the color of the existing structure and conform to the plans from Darwin, Lindahl Architects as seen on Sheet A3.1 dated 2/27/98." Also, stipulation #9 was revised from the original staff report should the business be sold or change their name in the future. Mr. Tatting stated that regarding the landscaping, Tam's Rice Bowl, located south of the garage doors, would be looking directly at these doors. The mobile homes look at this area at an angle. The proposed plan does show some landscaping. There are several � existing trees and a hedge in the boulevard area. S#aff would like to increase the number of trees in the boulevard area and add a landscaped island at the south entrance into the site itself. Staff is talking with the owner and petitioner to come up with a plan that will meet the City's needs. 2.03 .x • � • � �� •�• Ms. Modig stated there are people who park along the boulevard on the street. Stipulation #1 stated they cannot do that. If the City says they cannot do that, then the City is leaving those people open for liability for tickets or it would have to be posted that way. Is that correct? Mr. Tatting stated that originally there was limited parking for customers and employees on site. Many people were parking along the street. That situation has been handled, and there is no parking on the stree# right now. If there is an occasional car there, it does not create the problems it did in the past Ms. Modig asked if that leaves those who park there liable for tickets if the City says no one can park there. Mr. Hickok stated this goes back to an earlier special use permit and variance requests. The point at that time was that the code is clear that businesses should supply their own on site parking to meet the demands that their use causes. The business is going to have to have that number of parking for employees and customers. Regarding parking on the street, there is going to be the Sunday aftemoon vehicle shopper who stops there. That is different. When the business is open, staff wants to make sure there is parking on site. When the business is closed, there may be cars parked on the street. Also, maintenance staff park there when the business is closed. They have no choice. Ms. Modig stated that regarding stipulation #7, when they say that no vehicles shall be parked so as to impede travel in the drive aisles, the business shuts off those aisles at night and Sundays so that someone cannot just drive in and vandalize the cars. But that also stops the free travel. Mr. Hickok stated staff does not want that site to be taxed to the point where the car inventory is parked in the drive aisles. This is a stipulation to say the business will identify where parking is going to be and they are going to keep cars there. For the purpose that they are parking cars there for security, staff sees that as a part of the business that is necessary. Mr. Saba asked if the stipulation should have added "during business hours." Ms. Savage stated stipulations 1, 2, 4, and 7 were previously agreed upon stipulations. These cannot be changed because they are part of the recommendations and agreement by the City Council for the special use permit. Ms. Modig brought up a good point. What if a petitioner or business does not abide by a stipulation? Are there sanctions? What does the city do about it? Mr. Hickok stated a special use permit is a discretionary give on the part of the City. If granted, a special use permit is a situation where the petitioner has said they will live by these stipulations. It is the City's right and obligation to go back and review those stipulations. If there is a business that is not abiding by those stipulations, the City has 2.04 l � L � \ � � � the authority to call that business back and revoke that special use permit. The business would then need to discontinue the business that caused the special use permit in the first place. The stipulation is recorded with the property. Mr. Sielaff asked what staff were recommending for stipulatiort #8. Mr. Tatting stated staff is recommending the stipulation be more specific and refer back to the architects drawing. Mr. Sielaff asked that for stipulation #9, is the car wash for customers only? Mr. Tatting stated, yes. The car wash is just for customers. Mr. Sielaff asked about staff's definition of customer. - Mr. Tatting stated a customer is someone who is using the service at the site. Mr. Stelter stated he had met with Mr. Tatting the last few days and he came to the site. He showed Mr. Tatting what they had in mind for the building addition and landscaping. He thought they could work everything out regarding the landscaping. He has no problems with the stipulations. Also, the car wash will be for their customers only. �AQTION by Mr. Saba, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:58 P.M. Mr. Saba stated he had no problem with the request with the stipulations as revised. MOTION by Mr. Saba, seconded by Ms. Modig, to recommend approval of Special Use Permit, SP #98-05, to allow an expansion of 21,778 square feet to a building used for automobile sales and services by Friendly Chevrolet on Lot 1, Block 1, Friendly Chevrolet Addition, located at 7501 Highway 65 N.E., with the following stipulations: 1. No cars shall be parked in the boulevard, on any landscaped areas or on the street. 2. The petitioner shall provide curb and gutter along the entire perimeter of the new parking areas. 3. A landscape plan for the site shall be approved by the City prior to issuance of a building permit. 4. The entire parking and vehicle display areas sFiall be paved before the new addition is occupied. _______ 2.�5 • • � ��iF�' • ' ;7t�� 5. The parking spaces shail be striped at a width of 10 feet. 6. A minimum of 185 parking stalls shall be designated for customers and employees. 7. No cars or other vehicles shall be parked in a manner so as to impede the free travel of vehicles in areas intended as drive aisles. . 8. To maintain a homogeneous appearance, the exterior of the addition shall �match the color of the existing structure and confoRn to the plans from Darwin, Lindahl Architects as seen on Sheet A3.1 dated 2/27/98. 9. The use of the car wash is only for patrons of the business. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Tatting stated the City Council would consider tfiis request at their meeting on April 20. _ � • ' _ ' _! !I:3�L�!S�!1��IG;i�'�'�'a Mr. Hickok stated it is important that the Commission have the opportunity to look at the direction the City is heading, look at the goals and objectives, and make recommendations. This is the time of year that staff looks at goals and objectives, sets goals and objectives, and talks to the City Council and Commissions about those goals and objectives. These then become the basis for planning for the next year. A summary of the goals and objectives was included in the agenda packet. Mr. Hickok stated one of the top objectives is to revisit the Hyde Park neighborhood, start a process where the neighborhood can identify what it wants to accomplish, and identify a redevelopment plan for the Frank's Used Car site. With the 57th Avenue construction this year, staff would like to meet with the Hyde Park residents and start dealing with the land issues related to the Frank's site. Another objective has been the salvage yards. One of the objectives is for staff to focus on getting the salvage yards cleaned up and ready for potential redevelopment. The goals and objectives also` talk about customer service. Staff surveys petitioners when they leave the process to get a sense of the customer service they experienced through the process. Staff also likes to survey the commissions occasionally to see how staff is doing. Staff wants to maintain a high level of customer service. Mr. Hickok stated staff will also be focusing on some computer-related land use issues with historical land use files being scanned so staff can electronically link into historic files. This would put the history of the land at staff s fingertips. GIS is tied to putting building, code enforcement, housing, etc., information into_the system. Staff will be using that for 2.06 • � • � "' the comprehensive pian which is a big part of the upcoming year as weil. The first round was data collection from citizens which has been completed. The next step is to hire a consultant. Ms. Savage stated she hoped the City would consider as part of the comprehensive plan a community center which would include a swimming pool and recreational facilities for families who cannot afford a health club. She hears comments about the fine facilities in Maple Grove. She thought it would be an asset to Fridleyto have something like that. It could include classes for children, ballet, etc. It may be costly, but she would like to City to look into that. Mr. Hickok stated this is something that could be added to the community center that the City has been working on in conjunction with the school district. The community center has been expanded to provide activities for all ages. There is a movie screen, a recreational area with a fireplace for family events, and an area for teens in the lower level. The City Council has been very interested in having not only the input of professionals but people that will be using that area. There has also been input from the seniors. It is different than the community centers at Maple Grove, Maplewood, or Shoreview that have swimming pools and other amenities. Fridley has made great strides to provide a multi-age facility. This comment will be considered when planning. ' � ll � ■ �1►► ' ► � -1 • • 1t � \ , � . - ..� MOTION by Mr. Saba, seconded by Ms. Modig, to receive the minutes of the Parks & Recreation Commission meeting of March 2, 1998. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. � . • . • � : : � •'� _ N ' s•� • �: a "� MOTION by Ms. Modig, seconded by Mr. Saba, to receive the minutes of the Housing & Redevelopment Authority meeting of March 5, 1998. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. �� . . . .- Mr. Hickok stated that at the last meeting, someone asked about the senior building proposed near Wal-Mart. This building has a parking area below ground with four floors of apartments above that. A drawing of the building was displayed. 2.07 � • • 1 ..• Mr. Saba asked for an update on the progress of the bikeways. Are additional segments to be added? Mr. Hickok stated he will talk with the Pubiic Works staff and see what their plans are for additional bikeways. Mr. Saba stated that on the existing University Avenue bikeway, they had talked about beautification in areas of the City. One complaint was the lack of maintenance of the bikeways/walkways. Volunteer groups or business could help maintain/clean the bikeway/walkways. Is there progress in that area? Mr. Hickok stated, yes. This was a question in the citizen survey, and staff heard that it was an important issue and that the City needs focus on improving the corridor. This will go to the City Council. If the Commission wants to add emphasis to the maintenance of the bikeway/walkways, he will add that to make sure their voice is heard. There are others who share the same concem. Ms. Savage stated she too is concemed. She bikes a lot on the bikeway. There are not only weeds but the surface needs repair as well. It is a nice trail and an asset to the City, and it needs to be maintained. .� � . MOTION by Mr. Saba, seconded by Sielaff, to adjoum the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE APRIL 1, 1998, PLANNING COMMISSION MEETING ADJOURNED AT 8:17 P.M. RespectFully submitted, La onn Cooper � Recording Secretary 1: DESCRIPTION OF REQUEST: Mr. Ron Stelter of Friendly Chevrolet is requesting a special use pernut to allow the construction of a 21,780 square foot addition to the east of the existing automobile sales and service building. The site is currently being used as an auto dealership with sales, and service of new and used vehicles. It is located at 7501 Highway 65 NE. The proposed addition will expand the existing service department and include a car wash. SUMMARY OF ISSUES: The Fridley City Code requires special use permits for agencies selling or displaying new and/or used motor vehicles (Section 205.15.O1.0 (2)), repair garages (Section 205.15.O1.0 (3)), and motor vehicle wash establishments (Section 205.15.O1.0 (6)). STAFF RECOMMENDATION TO THE PLANNING COMMISSION: Staff recommended that the Planning Commission recommend approval of the special use permit with the following stipulations: 1. No cars shall be parked in the boulevard, on any landscaped areas or on the street. 2. The petitioner shall provide curb and gutter along the entire perimeter of the new parking areas. 3. A landscape plan for the site shall be approved by the City prior to issuance of a building permit. 4. The entire pazking and vehicle display areas shall be paved before the new addition is occupied. 5. The parking spaces shall be striped at a width of 10 feet. 6. A minimum of 185 parking stalls shall be designated for customers and employees. 7. No cars or other vehicles shall be parked in a manner so as to impede the free travel of vehicles in areas intended as drive aisles. 8. To maintain a homogeneous appearance, the exterior of the addition shall match the color of the existing building and shall conform to the plans from Darwin, Lindahl Architects, P.A. labeled Sheet No. A3.1 and dated 2/27/98. 9. The use of the car wash is only for patrons of the business. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations recommended by staff. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission recommendation. __ 3.01 � Staff Report SP #98-05, 7501 Univ. Ave. NE Page 2 PROJECT DETAILS Petition For: A special use permit to allow the expansion of a car dealership/service department Location of Property: 7501 Highway 65 NE Legal Description of Property: Lot 1 Block 1, Friendly Chevrolet Addition Lot Size: 409,398 sq. ft; 9.4 acres Topography: Flat Existing Vegetation: Typical suburban Existing C-3, General Shopping Center district Zoning/Platting: Friendly Chevrolet Addition, 1997 Availability of Municipal Utilities: Connected Vehicular Access: Highway 65 Service Road Pedestrian Access: N/A Engineering Issues: N/A Site Planning Issues: Comprehensive Planning Issues: Public Hearing Comments: , � Parking Calculation Zoning and the Comprehensive Plan aze consistent in this location Did not reeeive any public comment 3.02 '1 Staff Report SP #98-05, 7501 Univ. Ave. NE Page 3 �•�_ � _ : ►�1A • 1!_ . .L _ � � • �_ �-� _ �� Zoning: M-1, Light Industrial Land Use: Manufaeturing facility M-4, Manufacturing Only Zoning: M-1, Light Industrial Land Use: Vacand Manufacturing facility M-4, Manufacturing Only Zoning: R-4, Mobile Home Park Land Use: Mobile homes C-3, General Shopping Center Restaurant Zoning: R-4, Mobile Home Park Land Use: Mobile homes DEVELOPMENT SITE Mr. Ron Stelter of Friendly Chevrolet is requesting a special use pernut to allow the construction of a 21,780 square foot addition to the east of the existing automobile sales and service building. The site is currently being used as an auto dealership with sales, and service of new and used vehicles. It is located at 7501 Highway 65 NE. The proposed addition will expand the existing service department and include a car wash. � �_�' • �I� • � Friendly Chevrolet, 7501 Highway 65, is located on the northeast corner of Highway 65 and Fireside Drive. The Friendly Chevrolet property was first used in 1960 as a mobile home sales and display lot. In 1960, the City issued a building permit for the construction of a 49' x 72' work shop and office. Subsequent building permit activities are as follovvs: 1963 - Construction of a 24' x 24' detached garage 1964 - Construction of a 120' x 140' mobile home sales and service building 1965 - Construction of a 100' x 150' storage and sales addition 1971 - Construction of a 120' x 232' addition and issuance of a special use permit, SP #71-10, for new and used car sales 1978 - Construction of a 48' x 150' addition (7,200 sq. ft.) 1982 - Approval of a special use permit to park new vehicles in the current manufacturing property located north of the Friendly Chevrolet site a 7585 Hwy 65 1996 - Construction of a 3,904 sq. ft. addition and special use permit, SP #96-04 3.03 Staff Report SP #98-05, 7501 Univ. Ave. NE Page 4 1997 - Resubdivision of property, property extended to the east by 210 feet, 2.48 acres 1997 - New portion of lot rezoned to C-3, General Shopping to match existing use 1997 - Special Use Permit, SP #97-10, granted for expansion of existing use, parking lot expanded by 104,650 sq. ft. a� . - The Fridley City Code requires special use permits for agencies selling or displaying new and/or used motor vehicles (Section 205.15.O1.0 (2)), repair garages (Section 205.15.O1.0 (3)), and motor vehicle wash establishments (Section 205.15.O1.0 (6)). Friendly Chevrolet has proposed expanding or adding the above uses at their property, therefore a special use permit is required by the City. The Friendly Chevrolet site was recently involved in a resubdivision of land, a rezoning, and a special use permit. The result was Friendly Chevrolet's site, zoned C-3, was increased by 2.48 acres. As these separate actions were approved by the city last Fall, a number of stipulations were included. The stipulations ranged from parking and landscaping to curb and gutter. (See Attachments Al-4) Building Exterior The Friendly Chevrolet site presently consists of a 39,104 sq. ft. building, outdoor display areas for vehicles and parking areas for customers and employees. The proposed building �ddition of 21,778 sq. ft. increases the building size by 56% to 60,884 sq. ft. (See Attachments B1-2) To maintain a homogeneous appearance, the exterior of the addition should match that of the existing principal building. Car Wash The addition will contain a caz wash. The petitioner has indicated that people who come in for service work (ie. oil change and brakes) have also asked that they wash their car. Presently, they can only do this by hand at the site, which is labor intensive. They have proposed the more efficient automatic caz wash in response to their customers' wishes . Parking In regards to parking, the total number of parking stalls at the site will be 774. (See Attachment C) Of these 204 will be for customers and employees. The staff report for SP #97-1Q, from November of 1997, indicated that the number of parking stalls required for Friendly Chevrolet was ?6. Being that the addition includes the new use of a car wash, a speculative pazking ration of one stall per 200 sq. ft., was used to determine supplementary parking needs. An extra 109 stalls are required by the 21,778 sq. ft. addition, therefore the site is required to have 185 parking stalls for customers and employees (76 + 109 = 185). 4 3.04 Staff Report SP #98-05, 7501 Univ. Ave. NE Page 5 Pavement The eastern portion of the property that was rezoned last Fall has not been paved. This azea needs to paved upon completion of the new addition. All customer and employee parking stalls shall also be striped to meet city standards. Parking on the street by employees shall continue to be prohibited. Landscaping The petitioner has provided a landscape for the site. (See Attachment D) After reviewing the landscaping requirements (Section 205.15.06.) and the stipulations from the permits granted in 1997, xhe submitted landscape plan is inadequate. The plan shows minimal screening of the several large service doors that face Fireside Drive. (See Attachment B2) Staff will work with the petitioner to develop a landscaping plan that conforms to the City Code. The landscape plan for the site shall be approved by the City prior to issuance of a building permit. ._ �__ • u�u _ ►l� : •_� • �1_ _' :_�1��1� • ulul • � Staff recornmended that the Planning Commission recommend approval of the special use permit with the following stipulations: 1. No cars shall be parked in the boulevard, on any landscaped azeas or on the street. 2. The petitioner shall provide curb and gutter along the entire perimeter of the new parking areas. 3. A landscape plan for the site shall be approved by the City prior to issuance of a building permit. 4. The entire parking and vehicle display areas shall be paved before the new addition is occupied. 5. The parking spaces shall be striped at a width of 10 feet. ' 6. A minimum of 185 pazking stalls shall be designated for customers and employees. 7. No cars or other vehicles shall be parked in a manner so as to impede the free travel of vehicles in areas intended as drive aisles. 8. To maintain a homogeneous appearance, the exterior of the addition shall match the color of the existing building and shall conform to the plans from Darwin, Lindahl Architects, P.A. labeled Sheet No. A3.1 and dated 2/27/98. 9. The use of the car wash is only for patrons of the business. ' • �!�!!� � ►�lu • � �_ • ►�� _ �1� _ • � The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulation recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends to the City Council concur with the Planning Commission recommendation. 3.05 � � _ CI7Y OF FRiDL�Y � -- - �: - _ i" ':' � -- ..._ � ' i ,,,; � Gy 1 NL : � iv BOLTO� � ��.s��, �;��. i2IDLEY MiJV'ICIPAL CEVTER • 6431 L'�fNERSI'TYAVE. IY.E. FRIDLEY. �f�ii �5432 •(612) �7t-3450 • FAX (612) 57t-1287 CITY COUNCIL ACTION TAKEN NOTICE Boiton & Menk Dennis Honsa 1515 East Highway 13 Burnsville, MN 55337 Dear Mr. Honsa: November 6, 1997 On Octobe� 27, 1997, the Fridley City Councii officially approved your request for a rezoning, ZOA #97-04, to rezone property from M-4, Manufacturing Only to G3, General Shopping Center, on the North 330 feet of the Southeast'/4 of the Northwest'/. of Section 12, Township 30, Range 24, and all that part of the Northeast'/4 of the Northwest'/ lying south of the North 1120 feet thereof, Section 12, Township 30, Range 24, generally located at 7501 Highway 65 N.E. Approval of this rezoning is contingent upon the following stipulations: 1. Barbed wire shall not be installed on the extended fence and shall be removed from the existing fence. 2. Three Marshall's Ash� spaced eventy, shall be installed along Fireside Drive in addition to the proposed hedge. 3. The plat request shall be approved. 4. The petitioner shall receive a special use permit prior to expansion of the parking lot. 5. Additional hedge materials shall be installed along Fireside Drive in the area of the "old" parking lot. 6. Adequate on-site employee and customer parking shall be provided, on-street parking shall not be allowed. - 3.06 �� , Dennis Honsa November 6, 1997 Page 2 If you have any questions regarding the above action, piease caii me at 572-3590. $i er , , Barbara Dacy, AICP Community Development Director BD/dw . . Piease review the above, sign the statement below and retum one copy ta the City o� Fridley Planning Department by November 20, 1997. ,, /� � ,,._,� •%�i'r �/ �--�.. Concur with action taken. 3.07 : z. c r _ _ CI7Y OF FRIDLEY RIDLEY VILTiICIP?�L CEN'fER • 6431 LiYNERSITYAVE. N.E. FRIDLEY, �IN 5�432 •(61?) 57 t-3450 • FAX (612) 571-! 287 � � �� 1. ��L�� Roger Moody Friendly Chevrolet 7501 Highway 65 N.E. Fridley, MN 55432 Dear Mr. Moody: December 10, 1997 On November 24, 1997, the Fridley City Councii officiaily approved your request for a special use permit, SP #97-10, to allow the expansion of an automobile sales facility legaily defined as Lot 1, Block 1, Friendly Chevrolet Addition, generally Iocated at 7501 Highway 65 N.E. Approval of this special use permit is contingent upon six stipulations: 1. No cars shall be parked in the boulevard or on any landscaped areas. 2. The petitioner shall provide curb and gutter along the entire perimeter of the parking area. � 3, The petrt��►,Pr shall su�mit a new landscaoe plan to be approved by the City prior to the commencement of the parking lot reconfiguration. 4. Barbed wire shall not be installed if the expanded parking area is fenced. 5. The parking spaces shall be striped at 10 feet. 6. No cars or other vehicles shafl be parked in a manner so as to impede the free � travel of vehicles in areas intended as drive aisles. 3.08 �� J ;� r Friendly Chevrolet December 10, 1997 Page 2 You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three �veeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3590. SincereFy,- - ,� ,, % '� � � ---7,�.:i� �_�` : J J Barbara Dacy, AICP;1 Community Development Director BD/dw Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by December 24, 1997. � Concur with actio taken. - 3.09 . �1� � ■ . �� `I �� II � I I T I, ; --�j I �i I' � � '• . 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A4IMMESOTA ( � � Y�� U _ ��:� r �z�r , i!i!► i � { � �; �_ �� ' � ■ CITY OF FRIDL.EY 6431 UNIVERSITY AVENUE FRlDLEY� MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FOR: '� Residentiai Second Accessory_ X Others PROPERTY INFORMATION: - site plan requiced for submittal, see attached • Address: i 5 0 l 4-� w`i io 5 N t �w `��`-'-+ �^i 5 S`� 3 a� Property Identification Number. R t 2. 3 e�►}, a�-l- �� `tt� - Legal Description: Lot Block Tract/Addition ►�na� 'Aar C O� W lac0 `r'�' O�_NE ��+f C�M�w �4 �.Kc� 5 OF N 1l� irT �F Current Zoning: C.--� Reason for Special Use: Square footage/acreage: �u�o �,.�,�n_ 1t Q¢.a.\tv 5 r ¢.S Have you operated a business in a city which required a business license? Yes �_ No If Yes, which city? �r: d`�- If Yes, what type of business? Il�.�.� o� o b; � z � �e.v- s 1�.. � R Was that license ever denied or revoked? Yes No __�___ �rtiNAr�rAr�V �V^rti�r�V/V �VN�r�V�r�V/�/�V�/�V�V�V/`rMNA/�YA/�Vti�VN�Vti^riVNM�V �V�YA/A/�V�Vti,VArwI�V �VN�VMMN�/�Y�Y�MVYVN FEE OWNER INFORMATION (as it appears on the property title) (Contract p�urchasers: Fee owners must sign this form prior to processing) NAME: c.�►.� t-�c o d Sac, ADDRESS: �s�� s � �. �..', d1� �� Ss�t3a DAYTIME PHONE: 1 S��+� 1 0 o SIGNATURE/DATE:�i,or. Z �z� (q� V�VN VAI�V�titi�YNNA/�V�V NiV�V ti�V �V1VNtiN�VN�V�VA/�V M�V ti�V�VMN�V�V,V�VM�Vti/�/�V/V�V�Y�V�V1VA/�Y/A/M�V�V�V�V �W/ti�I PETITIONER INFORMATION - NAME: � oa S�e.L�e� 1=v,�e.��l1y C�n.�..�.,.e�e.� - ADDRESS: 15 0 � 1�w y�5 /u E F�� ci � I-1 r3 S S 7l DAYTIME PHONE: � 8b -�� b � SIGNATUR DATE: _ �� i 2� �q�s �r�V�V/V�V/V�V^r�rti�rti^IN�V^r�V�V,Y�ViV�V�VAr�V�V�VNMM�VM�V�V/brM�VN�V�VAI�V^r^/�V�/N/V�V/V�VMM�VNw/N�V �V iV�Vti�V/r�V�VM Section of City Code: FEES Fee: $100.00 Residential Second Accessory $400.00 ✓ Others Application Numbe��-�S Receipt #: qS0 Received By: Scheduled Planning Commission Date: 1�n�� i i 19q8' - Scheduled City Council Date: A�r i Z° � 9 p� 10 Day Application Complete Notification Date: iytarc��t 9 / 9q� 60 Day Date: ��'� � Z� � g� Z/21�p8 3.14 ;.,�y :�.,.. Focus News AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) �� COUNTY OF ANOKA) Bichard Roberts, being duly sworn on an oath that he is ihe publisher or authorized agent and empbyee of the pubiisher of the newspaper�known as Fgcus News, and has full knowledge of the facts which are stated below. (A) The newspaper has complied with all of the requirements constituting qualifi- cation as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331 A.07 and other appl'icable laws, as amended. (B) The printed �,Off+cial Publicationl City of Fridley Public Hearina S�ecial Use Permit #98-05 _ which is attached, was cut from the columns of said newspaper, and was printed and published once each week, for _�, successive weeks; it was first published on Thursdav the �Q_ day of �larch, 1998, and was thereafter print- ed and published �on every Thursda�t to and including the �6 day of March, 1998; and printed below is a copy of the lowe� case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: ,�l abc�ghijklmnopqrstuv.wxyz �.. � �,,�' r �r ,� �. F «� , j.�� . Bj/: Title: PubliSh r _ Acknowledged before me on this �_ day of March. 1998. �.am-� . ��f� . -..,e�.,�"� '."'n^^tivj � .� C`: `�'iF_ i Jt�.4CHr �- �e�g �J', �'^.� k�'C- .?Y = :�rLiG MFrf.: '.'�TA i- ,� G•'�._'."itiC'`': IM F CEPG: .. '0 � •, �''7 % � 1 Notary Public RATE INFORMATION (1) Lowest class'rfied rate paid by commercial users for comparable space •. .iti $ 1.80 �er line (2) Maximum �ate allowed by law for the above matte� $_1.80 oP,r line (3) Rate actually charged for the above matter 3.15 ,r line City of. Fridley • . PUBIIC HEARtNG BEFORE THE PIANNING COIHAAISSION Notica is hereby givan that than wiU Da a ..�publie ' ' Commission al tha Fridlay Municipal Cantar9, , 6t31 Univorsity Avanua N.E. on � W�dn�sday. April 1, 1998 at 7:�0 p.m. for . Iha pwpos� oh - -. Considaration of a Spacial Uaa Parmit, SP IF98-O5, by Friendl��davrof�t. Ron Staltar.. W atlow a 21.780 SF addtion to tha aast ot th�'axisti�9 sarviea dapartrrwnt at a bcation�lagslly daserib�d u tNr norih 300 fl ol �hq sE ,/t of tn. Nw tl��d a9'that` i - ' .Y:.. • ' . ol tha nortA �t�: �� tT1YMlfo�f.'�re Sact'an - 12, ganeraRy bcat6d al 7501 Hwy. 65 NE. Any and aU parsons dasiring to ba Raud shall ba givan'an`oppoAu�u�'at tha aDova statad tima and plxa.�lny-4uastio�s nlat•. ed to this itam may ba relercad Scotl Hkkok planning Coor�inator at 572-3599. Haaring impairad persont planning to attend who �aad an intarpntar or olhar par- sona with disabilitias who�ioquira auxiliary aids should contact Aoborta Collina at 572- 3500 no Iatar than fabruary 11. 1998. O�ANE SAVAGE - ' � " CHAIF . : •. , . . ... : . . PIANNWG COMMISStON (March t9. 26. 1998) Fridlay. Columbia HaigMs. Fxus News .";:.- : - • 1.,•1 � :URT MFG CO �R CURRENT RES[DENT �3� VIRON RD NE 'Et[DLEY �tN 5�432 HERVEY KEYNETH R �R CURRE�fT RESIDENT 571 CENTRAL AVE NE 'EZlDLEY 1�fiY 55432 �LLEN DARYL C �R CURRENT RESIDEN'f 335 75TH AVE NE �IDLEY MN 55432 �ERSON NORMAN D & CYi�!'I'HIA �R CURRENZ' RESIDE�1i' 327 75T'H AVE NE ZIDLEY M�155432 CLAUGHLIN GREGORY J R CURRENT RESIDENT � 19 7�TH AVE NE 2IDLEY MN 55432 VAR #97-15, 7501 Highway 65 P.E. BRAND BROADWAY ASSOC[ATES OR CURRENT RES[DENT 7400 HIGHWAY 6� NE FRIDLEY,'�tN SS�t;2 RYAN DAVID L & !UD[TH A OR CURREN'f RES[DENT' 7567 CENT'RAL AVE NE FRIDLEY M�t 55432 M�NCliSO �fIKE & YVON�IE OR CUR.RE;�J'I' RESIDEM 7561 CEN'TRAL AVE NE FRIDLEY yf�15�432 WAITE FRANCIS L& MAIDA A OR CURRENT RESIDENT 1311 7�TH AVE NE FRIDLEY LiMi 55432 KE�tE 1ERRY B& CAROLYI�J M OEL CURRENT RESIDENT 7�01 CENTRAL AVE NE FRIDLEY �f�155432 :vDERSON TREi�1T A& GRr��tIT C A EKSTROM N WILLIAM H& N R Z CURRENT RESIDENT OR CLRRENT (tESIDENT '�0 75TH AVE NE 1330 7�TH AVE NE '.;DLEY �N »-�32 FfZIDLEY �t�i 55432 ��NEDY TODD A & LINDA M Z CURRE�IT RESIDENT 8 i CENTRAL AVE NE '.IDLEY M�J 55432 ZUTON ATi�iA MAE TRUST'EE t CURRENT RESIDEN�' Z l FIRESIDE DR NE ,[DLEY M�I 55432 2ESIDE RICE BOWL INC Z CURRENT RESIDENT SQ FtRESIDE DR NE ,IDLEY MN 55�32 VOGT' LAR.RY G � OR CURRENT RESIDENT 1357 FIRESIDE DR NE FRIDLEY MN 55432 MUSKE M GARY & JACQUELINE L OR CURRENT RESIDENT 130t FIRESIDEDRNE � FRIDLEY �tN �5432 ESTATE MOBILE COURT INC OR CURRENT RESIDENT 7450 CENTRAL AVE NE FRIDLEY MN 55432 Mailed: 9/12/97 �tCCOY RICHARD H& BRENDA M OR CURREtiT RES[DENT 1320 76TH AVE IvE FRIDLEY �iN SS�132 DELOR.'�tE M(CEWEL W OR CURRE�lT RESIDE�iT 1343 7�TH AVE NE FRIDLEY �I�t 55432 AGERBECK CARL W& KATHRi(ti' D"` OR CURRE�t'I' RESIDEN'T 7�51 CENTRAL AVE NE FRIDLEY MI 55432 TA��t OLIVER & SAU CHUN OR CURRENT RESIDENT 7� 13 CENTRAL AVE NE FRIDLEY 1�TiY 5�432 BRENIC BROTHERS PARTNERSHIP OR CURRENT RESIDENT' 7490 CENTRAL AVE NE FRIDLEY � 55432 � JOH�fSON DAVID S OR CURRENT RESIDE�T 1310 7�TH AVE NE FRIDLEY �iN �543? THOEMYES RONALD L& BER��IICE C OR CURRENT' RESIDEN"T 1341 FIRES[DE DR NE FRIDLEY MN 55432 PARK PLAZA MOBILE COURT OR CURRENT RESIDENT 1130 FIRESIDE DR NE FRIDLEY Ni�i 5�432 JOHNSON HAROLD D& LNDA A OR CURRENT RESIDENT 13�0 FIRESIDE DR NE FRIDLEY i�rfN 55432 SON DONAVAN R Dennis Honsa________ . . Roger Moody '. CURRENT RES[DENT Bolton & Men Friendly Chevrolet/Geo )t CENTRAL AVE NE 1515 E. High3.16 I� 7501 Highway 65 NE [DLEY MN 55432 Burnsville, ; 337 - Fridley, MN 55432 DESCRIPTION OF REQUEST: Todd Bachman of Hortco, LLC is requesting a variance to allow a free standing pylon sign to be increased from the maximum size of 80 square feet to 120 square feet. The sign will be used by them and the future tenants of the adjacent parcel they own. The address of the site is 8200 University Avenue N.E. - SUMMARY OF ISSUES: 5ection 214.11.2.B of the Fridley Zoning Ordinance limits free standing signs to a maximum size of 80 square feet in area per development. Public purpose served by this requirement is to control visual degradation by eliminating large and excessive signs. The City Council has approved 4 pylon sign variances over 120 s.f., since 1992. The Bob's Produce Ranch/Lyndale Garden Center consolidation was approved and is �early identical to this request. STAFF RECOMMENDATION TO THE APPEALS COMMISSION: Staff recommended approval of the variance with the following stipulations: 1. The petitioner shall record against the title of Lot 3, Block 1, Walton 2nd Addition, a covenant which prohibits the installation of a free standing sign on said lot. 2. The sign area shall be limited to 120 square feet in size. 3. The sign shall meet height and location standards of Section 214.11 of the Fridley City Code. 4. T'he variance shall remain in effect until: A. The sign is altered in any way, except for routine maintenance and change of messages, which makes the sign less in compliance with the requirements of Chapter 214 than it was before the alterations. B. The supporting structure of the sign is replaced or remodeled. C. The face of the sign is replaced or remodeled. D. The sign becomes dilapidated or damaged and the cost of bringing it into compliace is more than 50 % of the value of said sign, at which time all of the sign and its structure be removed. E. Notwithstanding paragraph (A) above, upon the change of the narne of the business being displayed on the sign. APPEALS COMMISSION RECOMMENDATION: The Appeals Commission voted unanimo- � recommend approval of the request to the City Council with the stipulation recomm� 4.�1 ry staff. Staff Report VAR #98-08, 8200 Univ Av NE Page 2 PROJECT DETAILS Petition For: A variance to allow a free standing pylon sign to be increased from the maximum size of 80 square feet to 120.4 square feet. Location of Property: 8200 University Avenue N.E. Legal Description of Property: Lots 2& 3, Block l, Walton 2"d Addition Lot Size: 6.86 acres Topography: Flat - being developed . Existing Vegetation: Grass, trees, shrubs Existing Zoning/Platting: C-3, General Shopping Center / Walton 2°d Addition Availability of Municipal Utilities: Utilities available from Main St. to the west Vehicular Access: Pedestrian Access: Engineering Issues: Site Planning Issues: West Service Drive of University Avenue Bikeway, walkway adjacent to University Avenue Easement across site has been relocated Setback of sign from the driveway and right-of-way Comprehensive Planning Issues: The zoning and use of this land are consistent with the Comprehensive Plan. Public Hearing Comments: No public comments were received. 4.02 � - � Staff Report VAR #98-08, 8200 Univ Av NE Page 3 ADJACENT SITES NORTH: Zoning: M-2, Heavy Industrial C-2, General Business EAST: Zoning: City of Spring Lake Pazk SOUTH: Zoning: C-3, General Shopping WEST: Zoning: M-3, Heavy Industrial � _ �I��Ii Land Use: Office/retail multi-tenant Assembly Land Use: Commercial multi-tenant Land Use: Retail Land Use: Trucking Terminal DEVELOPMENT SITE Todd Bachman of Hortco, LLC is requesting a variance to allow a free standing pylon sign to be increased from the maximum size of 80 square feet to 120.4 square feet. The sign will be used by them and by the future tenants of the adjacent parcel that they own. The address of the site is 8200 University Avenue N.E. The sign will be located on Lot 2, Block 1 of the Walton 2"d Addition and will also be used by Lot 3, Block 1, Walton 2°d Addition (Attachment Al-2). Hardship Indicated One free standing pylon sign will be utilized by two separate businesses. "Y�e have elected to use a single sign for both lots. " Each lot would be allowed its own 80 square foot sign. � C_I' • � /• • � The property is located north of 81S` Avenue and Sam's Club and south of 83`� Avenue and the Moose Lodge. Presently a 25,000 square foot Bachman's store is being constructed at the site. The retail facility will also include greenhouse space and outdoor sales and storage azea. Actions that were granted recently are: 1997 P.S. #97-05, to replat site as Walton 2"d Addition (Lots 1-3, Block 1) 10/27/97 SP #97-08, to allovv a garden center or nursery requiring outdoor sales 10/10/97 ZOA #97-08 portion of property rezoned from C-2, to C-3, to match the remainder of the property 1/5/98 SAV # 97-02, to vacate a drainage utility easement �_� ; _ Section 214.11.2.B of the Fridley Zoning Ordinance limits free standing signs to a maximum size of 80 square feet in area per development. Public putpose served by this requirement is to control visual degradation by eliminating large and excessive signs. 4.03 Staff Report VAR #98-08, 8200 Univ Av NE Page 4 Over the last six years, the City has seen a number of requests to increase the size of free standing signs. The requests that were approved were: 1) 1992 - Bob's Produce Ranch, 7620 Univ. Ave; 120 sq. ft. (for use by two lots) 2) 1992 - Embers, 5400 Central Ave; 120 sq. ft. approved 3) 1993 - Home Valu, 5401 E. River Rd; 160 sq. ft. approved (existing sign was reduced in size) 4) 1994 - Ground Round, 5277 Central Ave; 96 sq. ft. approved 5) 1997 - WW Klus, 7920-7990 Univ. Ave; 130 sq ft approved (Lots 4-8 Block 3 Univ. Ind. Park) In 1995, Home Depot applied for a free standing sign variance, but later withdrew it. Of the granted variances, the one for Bob's Produce Ranch, is of a similar nature. In both the Bachman's and Bob's Produce cases, an adjacent pazcel under the same ownership is being required to forfeit its ability to put up a free standing sign. Attachment B1-2 is a copy of the Action Taken Notice for the sign size variance granted for Bob's Produce Ranch. Proposed Sign The sign that the petitioner has proposed has four components (See Attachment C). The components are the structure and pillars, the Bachman's name sign, the reader board, and-sign space for a future tenant. The area for each part of the sign as indicated by the petitioner is: Bachman's = 67.7 sq. ft. Reader Board = 44.3 sq. ft. Tenant Snace = 8.38 sa�ft. TOTAL =120.38 sq. ft. The sign plan that was originally submitted and reviewed by the Planning Commission portrayed the future tenant space as being 22.1 sq. ft. in size. Thus, their original sign plan had a total signage area of 134.1 sq. ft. The plan has since been modified to the smaller 120.38 sq. ft. size. Location The bottom of the future tenant sign is only 8.5 feet from the ground. Section 214.11.07.D indicates that signs less than ten feet from ground level must be setback a minimum of 25 feet from driveways and corner vision safety zones. A sign that is over ten feet from the ground may be placed within ten feet of a driveway. Review of Sign Code Prior to granting a variance from the literal provision of the Sign Code, four condirions must be met by the applicant. These four conditions are outlined in Section 214.21.02 of the Sign Code and are as follows: 4.04 Staff Report VAR #98-08, 8200 Univ Av NE Page 5 A. That there are exceptional or extraordinary�circumsta.�ces applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The proposed 120 square foot free standing sign will be utilized by 21ots. The two lots would be allowed a total of 160 square feet in free standing signage. The one sign represents a reduction of potential signage by 40 square feet or 25% for the two lots. Bachman's building is being built over 400 feet from the right-of-way of the service drive adjacent to University Avenue. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Granting the variance preserves the right to provide signage for each business. In regazds to visual pollution created by excessive signage, the intent and spirit of the Sign Code is also being preserved by the creation of only a single sign for two businesses. This sign represents a 25% decrease in free standing signage for the sites. C. That the strict application of the Chapter would constitute an unnecessary hardship. Strictly applying the requirements of the Sign Code would limit the size of the free standing sign to 80 square feet. Sharing of an 80 square foot sign by two businesses would cause very limited signage area for each business, and would likely prevent the sharing of a sign. The result at the Bachman's site would probably be the creation of two 80 square foot free standing signs. The proposed signage, which represents a reduction in sign size and numbers of signs, would appeaz to be appropriate for this site. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. Granting the variance eliminates the option of installing two 80 square foot signs, with a total of 160 square feet at the site. Limiting the number of free standing signs to one and to a size of 120 square feet, reduces the visual pollution and improves the aesthetics of the site. . • i_ � � U __ � � . � � _ � . • ' _' _ � � � ��i]�I Staff recommended approval of a variance from the maximum size of a free standing sign with the following stipulations: The petitioner shall record against the title of Lot 3, Block 1, Walton 2°d Addition, a covenant which prohibits the installation of a free standing sign on said lot. 2. The sign area shall be limited to 120 square feet in size. 3. The sign shall meet height and location standards of Section 214.11 of the Fridley City Code. 4.05 Staff Report VAR #98-08, 8200 Univ Av NE Page 6 4. The variance shall remain in effect until: A. The sign is altered in any way, except for routine maintenance and change of inessages, which makes the sign less in compliance with the requirements of Chapter 214 than it was before the alterations. B. The supporting structure of the sign is replaced or remodeled. C. The face of the sign is replaced or remodeled. D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50 % of the value of said sign, at which time all o� the sign and its structure be removed. - E. Notwithstanding paragraph (A) above, upon the change of the nazne of the business being displayed on the sign. • � � • � ►� ►�� __ � ►� �_I_ � � : � � The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the stipulation recommended by staff. STAFF RFCOMMENDATION TO THE CITY COUNCIL Staff recommends that the City Council concur with the Appeals Commission recommendation. 4.06 Nature 87 AYElE .r �� G: � 61 IdIE tE et /MIElE a'I /MIElE � � � � � � � zrning Designa6ors: � F�1 - one Farriy unirs ,�D ,{,/(�Q �p � R 2- Two Fartily Urrts VaI�L`dIICp �L�l !'t70"ll0 � F�3 - General MJhple Urrts • "7 � r�a - nno�;�e � � � a,o-��,� S, -�� s2 - �ed�a�,c as�a � c1 - Local a,sir�ess _� G2 - C�eneral &siness G3 - General Stppping � GR1- General Office � N1�1 - Light Industtial � n�z - F+�► i�,a� � nM1.'i - atdoor �rtensive H�vy �rxi. � � -�� P - Public Facilibes �� PoGHT-4F WAY IPetitioner:• Bachnurn's Inc. Variance to Allow 1l�Cacinn�m Size of Pylon Signto be Increased from 80 s.f. to 121 s.f. - 4.07 _ � � � � N A ��s � � i � � � �L ♦�^ vJ � OF FRIDLEY � HPk—��—i'�'�8 11 � S�t � za: �m �� _ �= � ( �� I j( I �I �LUf�,U'bk1tN��I'NU(HER \ \ 0 �� 1 S�t 1 4y;;1 c P . �2i�72 � ...---`''�� s�cN aeovE � S�� s�+po�.�w � i ~�� R�G�� ..�'�J��-=_—w=_ � �1......_----_........� 1 — � � � � ��_4�, ,_4 l 13'-6 " �� PROPERTY �� LINE S z� � Z S ' -�:o:,� � � r-� � � �/.�J z w/c.�/ � �� ✓v a�.. � 1 � �� P'°�`,� C�.`" 1 � � 1 �l I — _ _ ....- — ,�� .� � Cluts 0'Bri�n Strother ARCHIT�CTS �m�� roE►t awur+�. s� 55�a (612)94i-�l22 BAC�Ii�AN'S FRIDLEY SIGN PLACEMENT PLAN COP7rRIGHfQ �se7 SCaIE 1/8'=1'-0`� bAtE 08—APR-9R �o��s�� . 9719 � �� SIGN-1 Ntt� .S � h ��Cen��vt`f -{a r4.08 f.S�-�c�c t�� c 1 � � ; I �� ' � r � \ '\�� ,,� � r'i tKa� S i ►� lGti�.e w(pv[�, , _ _ � _ , � .. � 5 �P -� � _ _, '` J � � — �= ' `� — � — � ( ah s�.oc,.� s 1�o��C f ��'s r- � -, � . ` -•, ��-, , �- I j�^i' f'1 t � �\�G> '`? \� I _ � � � . i��-F � � �-�-,-- ,-� ' � \ � ' I ! 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S..r ` �. � � � � � b � 4•R\ ' ' � . %'�... , \\ \ ;, _ � - ' ! � � � � � /.-a , `17 �: . - . . � � � � � I � � _ _.,. c, �; �. � ,a_'o-_a_,�c•-o-�- --- ------� . / -`.�, _ � <� �Y�se� �b 100'R � 25'R �; �SPACES O t0'-Q,�^ w 70'-0" 0'-0' - - --'i�' � � � ,,l , * � � �� ' !� � 1�I'D►�i �IlCj �V � ,SIGN BY '� _ � (/ - -:, � - -. . owtvER �-- �� .a�F�� _ --� , , - , ; . , ,� � - F _. .. ----- - ----- - - --•- - - — - ' ,..•, �� --- � _ __, ---;V'� -r- I � ---' t - - � bl i I i � Er=,-2Sj�i:x��=.F=t=�=�=F=i=17 -- 31 I� t__-1„}�yLT.L`'- o I � I I; ' � ' C I` I I I,- �� , � j`�'•I� i �)� � � I � � i � i � ��,: �2 ! I �c� I 1 . i I I � 1 ( 1 I —PAINTEO $TRIPING 1 . =- - = = - --' � r ..� - _� CART CORRA� 5 86tp RB Br OwNER � TYP �T DfnvES ' / ) � , o �� } / , � � � � �N '17W � N �wo os I _ — — s� z/ i.z ,- I � �b I ( �` �� i I i I i � ^ �f �� .� '_._�,�, t I ' � ; j � � ' .,! � I 9 � �i°v � � � � � I I � ; ; ? � : 'i _ _ _ 1t ', -� ' ' ' !' : i' ..L _. ..1._ - r � ---�--'• � � '- -� �- - �- -1 _ _ 't - --�' ... , � I I o � ' � � I .. .�. .. ._ _ . � . �. _ .. _ ._ , , oi - - .- I! ' i W , � ev � I I '� __ _ � � I ��`'?` -� � i � � � t�PiNC — - - - - - -- - ;y I i PARIt�NG b� � --------� '=---- --- �G u� .� n �� ` :I '� .-� � ' � i , � '�.� , � �---- ---� �'�� Lri � � -�ib � � �� i � , �: �E 1 _ • i � ` N I.' '' � I,�l i I � ,� --- - -- -- _ y �:, . I i W l�� - � � _ . I i � �� IB �... � � ' � �1 � �� `�%b � � � f I �� I ' , 1� --- -- t �^ � I � � ' I �/�N ! � i _ �� I ' � �4--- ---�a Itr � � 'c`--�`-' p• Q._ i_.Yi I � ;� . � � I � V � 91 +G S._a. � � • _., � � ' !r - - - - - - -u c��; � � �� I i � __ u ----_ _ �� '-- I � I ! ---il l"',f W � � I! I � ' ;b � ; , , �-------- � 4.09 ---„ � - ! � ; a , � u �--- � �N ! i � �---.. .__ i� � � U. , , , ; � ,.__ . i --�'--.-•-b - ; i i I I--f—r=f ='r'=; � ='=1 il ----� i� � i �� I ; ; ! I I I i I �"�y� �� il p � � � � i � _ C�N �F FRiDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FR(DLEY. MN �5432 •(612) 571-3�3�0 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE January 20, 1993 Bob's Produce Ranch Robert Schroer 7620 University Avenue N.E. Fridley, MN 55432 Dear Mr. Schroer: On January 19, 1993, the Fridley City Council officially approved your request for a Variance, VAR #92-21, to reduce the rear yard setback from 40 feet to 0 feet; to reduce the number of required parking stalls from 102 to 13, on proposed Lot 2, Block 1, East Ranch Estates Fourth Addition, to allow the replat of the following parcels: Lot 1, Block 1, East Ranch Estates lst Addition; Lot 1, Block l, East Ranch Estates 3rd Addition, including that part of vacated 77th Avenue; the south 33 feet of Lot 5, Block 2, East Ranch Estates 2nd Addition, including that part of vacated 77th Avenue; and Lot 4, Block 2, East Ranch Estates 2nd Addition, except the east 200 feet thereof, as measured parallel with the east line of said Lot 4, and also except the west 115 feet of the east 315 feet of the north 160 feet of said lot, Anoka County, Minneso�a, generally located at 7620 University Avenue N.E., and to increase the maximum square footage of a sign from 80 square feet to 120 square feet, to allow the construction of a free-standing sign on proposed Lot 1, Block 1, East Ranch Estates Fourth Addition, generally located at 7620 University Avenue N.E., with the following stipulations: l. The petitioner 1, East Ranch prohibits the lot. shall record against the title of Lot 2, Block Estates Fourth Addition a covenant which installation of a free-standing sign on said 2. The variance shall remain in effect until: A. The sign is altered in any way, except for routine maintenance and change of inessages which makes the sign _less in compliance with the requirements of Chapter 214 than it was before the alterations. 4.10 B 1 Schroer VAR #92-21 January 20, 1993 Page 2 B. The supportinq structure of the sign is replaced or remodeled. C. The face of the sign is replaced or remodeled. D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50$ of the value of said sign, at which time all of the sign and its structure be removed. E. Notwithstanding paragraph (A) above, upon the change of the name of the business being displayed on the sign. 3. Cross parking and access easements to all loading areas shall be filed agains both Lot 1 and Lot 2, Block l, East Ranch Estates Fourth Addition. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3593. Sincerely, Michele McPherson, BLA. Planning Assistant r�t/an Please review the above, sign t�e statement below and return one copy to the City of Fridley Planning Department by February 3, 1993. Concur with action taken 4.11 B 2 f . , (0 7. 7 5�-�-� --.�, �l4, 3 -� � � 3 ��N�S �F 8� READERBOARD GQPY . 34-t/4" TOTAL HT. �p, 3� -�� a � ' __. _ . ... .. . - ----- - - t3 =6-tl2"= � -- ---- - = r ` � _�,� - .. ._ ;� �, --� .:� .:... iy�--..:.�e-� , ' - •.. -�.,� .. �� ;s . s -�Y'"' �r. .. , . . . _ .... . . '.f�.r _k t��s-�,�1`- . � � �'i � � � � _� _ �,. o � .: � � �W = t� � � � CHRISTMAS TREES - & ACCESSORIES TREES AS LOW AS $29.99 � � - FUTURE'fENANT COPY � � i ' ' � � 5'-11" 1 ELEY.: PYLON SIGN 3 S�ALE: i/4" - 1'-O" __ _ . 4.12 �, g,3$s�-� tn l _.__.__ 18" DIA. ALUM. POLcCOVERS WI TEXTURED PAINT FIN!9H / � - �'� BY OTHERS N � O i s s �a �� o� �� 0 � z � � � � � � � i � � f � � � � �j !� I � I ��'� �2� i � � ;#� : � � t�� 1� � a j ��s � , � � � ��, � �. I�'f �� r � i`i;�� * j�� I 4 it� , 1 � _� �� . �� 't ��, �3 � � i: ;��cjj � � � �j�Z�;� � � �i €�� t j �� i�7 � !� � s�s � �� . �'� 1� '_�� ;� ' ! ; � � j:��`i j' � � ��Ii� � � , i{ ��s� j �� j � 3��'r�� i� 3 �i� �� '1��. 3�� _ �_, �J; � � � j � ��; ,:��, �� ;,�. ,� � , .� �i�� 3� �I�1 �f � f �t ` � 2�j�� '3`s ` '{ � �< � ! s � � � 3`'� � i � � rLf1��ail �� i � �� 6� �� i j �A�7A♦ �-111li�A1Ml1 A -- -- _— r• � . p_` �Y •�1iN�IN 7MAi1 �lrl: - _ � _ / -�` 1 !!� �.I�i�� `= . ` +' f � � s � �� r• ��i � I � � . �.`L��S,` �~�� 100 I . 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PURPOSE: _ To increase the size of a sign from 80 square feet to 121_ square feet to allow the construction of a free-standing pylon sign LOCATION OF PROPERTY: 8200 University Avenue LEGAL DESCR/PT/ON: Lots 2& 3, Block 1, Walton 2"d Addition DATE AND T/ME OF Appeals Commission Meeting: HEAR/NG: Wednesday, April 8, 1998, 7:30 p.m. The Appeals Commission meetings are televised live the night of the meeting on Channel 35. PLACE OFHEAR/NG: Fridley Municipal Center, City Council Chambers, 6431 University Avenue HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, or Paul Tatting, Planning Assistant, at 6431 University Avenue N.E., Fridley, MN 55432, or fax at 571-1287. SPEC/AL Hearing impaired persons planning to.attend who need an ACCOMMODATIONS: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than April 1, 1998. ANY QUESTIONS: Contact either Scott Hickok, Planning Coordinator, at 572-3599, or Paul Tatting, Planning Assistant, at 572-3593. Mailing Date: March 27, 1998 4.16 T VAR #98-08 BACHMAN'S, INC 8200 UNNERSIT'Y AVE TODD BACHMAN �ACHMANS INC 6010 LYNDALE AVE S MINNEAPOLIS MN 55419 WAL-MART STORES INC 8450 UNNERSITY AVE FRIDLEY MN 55432 MB PROPER'TIES OR CURRENT RESIDENT 100 83RD AVE NE FRIDLEY MN 55432 TRU MACHINE CO INC OR CURRENT RESIDENT 8090 RANCHERS RD FRIDLEY MN 55432 TRUSTEE GROUP REALTY OR CURRENT RESIDENT 8000 LJNIVERSITY AVE FRIDLEY MN 55432 UNNERSITY AVE ASSOC 2550 UNNERSITY AVE W #310-N ST PAUL MN 55114 CON-WAY CENTRAL EXPRESS PO BOX 3175 . PORTLAND OR 97208 CURRENT RESIDENT �(;iSl�-� 8300 i1TTIVERSITY AVE FRIDLEY MN 55432 FRIDLEY MOOSE LODGE #38 8298 iJTTIVERSTTY AVE FRIDLEY MN 55432 WAL-MART STORES INC 701 S WALTON BLVD BENTONVII.LE AR 72716-8702 MB PROPERT'IES OR CURRENT RESIDENT 8251 MAIN ST NE FRIDLEY MN 55432 RICHARD & MARY REILING OR CURRENT RESIDENT 8050 RANCHERS RD FRIDLEY MN 55432 DONALD KASBOHM OR CURRENT RESIDENT 8290 MAIN ST NE FRIDLEY MN 55432 NW ORTHOPAEDIC SURGEONS 3600 W 80T" ST SUITE 250 BLOOMINGTON MN 55431 MCDONALDS CORP 8100 UNNERSI'TY AVE FRIDLEY MN 55432 CURRENT RESIDENT /1JJ�-� 8310 UNNERSTTY AVE FRIDLEY MN 55432 4.17 < BRYANT IlWESTMENT CO NW ORTHOPAEDIC SURGEONS 8290 LTNIVERSITY AVE FRIDLEY MN 55432 MP PROPERTTES OR CURRENT RESIDENT 160 83RD AVE NE FRIDLEY MN 55432 JAMES & MARGARET TAYLOR OR CURRENT RESIDENT 8094 UNNERSIT'Y AVE FRIDLEY MN 55432 AMERICAN EXCELSIOR OR CURRENT RESIDENT 140 81 � AVE NE FRIDLEY MN 55432 AGRO K CORP OR CURRENT RESIDENT 8020 MAIN ST FRIDLEY MN 55432 WILLIAM PENK 22 HAWTHORNE RD HOPKINS MN 55343 Ci1RRENT RESIDENf 101 83RD AVE NE FRIDLEY MN 55432 CURRENT RESIDENT 160 83RD AVE NE FRIDLEY MN 55432 VAR #9&08 BACHMAN'S INC PAGE 2 SPECIAL ASSETS AMERICAN BANK NATIONAL 101 ES'�ST ST PAUL MN 55101 CIJRRENT RESIDENf � 8234 MAIN ST NE ,L}S �`" FRIDLEY MN 55432 CURRENT RESIDENT 51 81'� AVE NE FRIDLEY MN 55432 DONALD KASBOHM 6012 BERNE CIR EDINA MN 55436 CITY OF SPRING LARE PARK 1301 81st AVE NE SPRING LARE PARR MN 55432 4.18 � CURRENf RESIDENT 8150 LTrtIVERSTTY AVE FRIDLEY MN 55432 LARRY KUECHI,E 202 MERCURY DR FRIDLEY MN 55432 APPEALS COMMISSION MEETING, APRIL 8, 1998 PAGE 10 Mr. Tatting stated there is a�,section of approximately 15 feet to go from the driveway to the street. . Mr. Jones stated they cannot � o so as it exists right now. That situation will not change with the proposed addition. Th situation seems to have existed since the properties were constructed. Dr. Vos stated, in terms of the va ' nce request, the variance is necessary because what is existing is being remodeled or r nstructed. By pulling a building permit,-they have to grant a variance. The new addition do not require a variance. The option the petitioner has is to saw off a part of the porch nd move the garage back one foot. He did not see that as an option so he would vote in avor. Ms. Mau agreed. It is not practical to Ms. Beaulieu stated this is not giving a� That is not the issue. This is a variance condition. what is already there. ince for the use of the neighbors driveway. uest to rnake improvements on an existing MOTION by Ms. Mau, seconded by Dr. Vos to recommend approval of Variance Request, #98-07, by Blaine and Lee Jones, reduce the front yard setback from 35 feet to 34 feet to allow the reconstruction of the g age, and to allow a residential structare that is not complying to be increased in size, o that part of the South 65 feet of the North 759 feet of Lot 3, Revised Auditors Subdivision No. 23, according to the map or plat thereof ... and the East 40 feet front and rear o Lot 2, Ostman's Second Addition ... and Lot 3... Ostman's Second Addition accordi to the map or plat thereof ... County of Anoka, Minnesota (complete legal on file), gen ally located at 54 Locke Lane Road. UPON A VOICE VOTE, ALL VOTING AYE, VICE-�HAIRPERSON BEAULIEU DECLARED THE MOTION CARRIED UNANIMOU LY. Mr. Jones retumed to the Commission. 3. PUBUC HEARING• CONSIDERATION OF VARIANCE REQUEST. VAR #98-08. - BY HORTCO LLC (BACHMAN'Sl: Per Section 214.11.02.(B) of the Fridley Zoning Code, to increase the size of a sign from 80 square feet to 121 square feet to allow the construction of a free- standing sign on Lots 2-3, Block 1. Walton 2nd Addition, generally located at 8200 . University Avenue. MOTION by Mr. Jones, seconded by Ms. Mau, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BEAULIEU DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:35 P.M. Mr. Tatting stated the petitioner is requesting a variance request to allow an increase in a freestanding pylon sign from 80 square feet to 120.5 square feet. The sign will be used by Bachman's and future tenants of the adjacent parcel that Hortco also owns. The parcel is located on the University Avenue service road north of Sam's Club and south of 4.19 APPEALS COMMISSION MEETING, APRIL 8, 1998 PAGE 11 the Moose Lodge. The east portion of the site is for the future tenant. The property is zoned C-3, General Shopping. To the north is C-2, General Business; to the west is M-2, Heavy Industrial; to the south is C-3, General Shopping; and to the east is a commercial district in Spring Lake Park. Mr. Tatting stated the code limits the size of free-standing signs to 80 square feet. The hardship is that a free-standing sign will be used by finro separate businesses. They have elected to use a single sign for two lots. Each lot would be allowed its own 80 square foot free standing sign. - • - Ms. Tatting stated the site has been involved with recent land use actions. Walton's 2nd Addition was replatted for Bachman's at which time three sites were created. A special use permit was granted to allow a garden center and nursery sales. The north portion of the site was rezoned C-3 to match the rest of the property. The c'ity approved vacation and relocation of a drainage and utility easement in January. Mr. Tatting stated that in the past six years, five similar sign requests have been granted, including Bob's Produce Ranch in 1992; Embers in 1992; Home Value in 1993, Ground Round in 1994, and VWII Klus in 1997. Mr. Tatting stated the proposed sign has four components including the structure and pillars, the Bachman's name sign, the reader board, and sign space for the future tenant. The area for the sign as indicated by the petitioner is 120.4 square feet. Staff has reviewed the plans and calculated the total to be 134.1 square feet. Mr. Tatting stated the plans show the sign to be 25 feet from the road and 10 feet from the driveway. However, the future tenant sign is only eight feet from the ground. At this height, the sign must be 25 feet from the driveway so it would need to be moved in order to meet the code requirements. If the future tenant sign is raised to 10 feet, the sign can be placed 10 feet from the driveway. If raised, the proposed location would be fine. In talking with Mr. Bachman before the meeting, they will change the location to meet the 25-foot setback. _ Mr. Tatting stated that prior to granting a variance, four conditions must be met: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. B. That the variance is necessary for the presenration and enjoyment of a substantial p%perty right possessed by other property in the same vicirnty and district, but which is denied the property in question. C. That the strict application of the Chapter would constitute an unnecessary hardship. D. That the granting of the variance would not be materially detrimental to the public health, safety, or welfare or detrimental to the property in the vicinity or district in which the property is located. 4.20 APPEALS COMMISSION MEETING, APRIL 8, 1998 PAGE 12 Mr. Tatting stated staff recommends approval of the request with the foliowing stipulations: 1. The petitioner shall record against the titie of Lot 3, Block 1, Waiton 2nd Addition, a covenant which prohibits the installation of a free standing sign on said lot. 2. The sign area shall be limited to 120 square feet in size. 3. The sign shall meet height and location standards of Section 214.11 of the Fridley. City Code. - 4. The variance shall remain in effect until: A. The sign is altered in any way, except for routine maintenance and change of inessages, which makes the sign less in compliance with the requirements of Chapter 214 than it was before the alterations. _ B. The supporting structure of the sign is replaced or remodeled. C. The face of the sign is replaced or remodeled. D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of said sign, at which time all of the sign and its structure be removed. E. Notwithstanding paragraph (A) above, upon the change of the same of the business being displayed on the sign. Ms. Beaulieu asked the total area of the proposed sign. Mr. Tatting stated staff sees the area as being 134 square feet. They will need to change the sign somewhat to come down to 120 square feet. Mr. Bachman stated he is chairman of Bachman's and the owner of Lots 2 and 3. They are requesting sign approval because they would like to consolidate into one sign rather than have finro 80-square foot signs with Bachman's carrying the majority of the signage and a future tenant carrying a smaller portion. He shared with staff, after reading the staff report, their intent to move the sign to comply with the setback requirements, 25 feet from the right-of-way and 25 feet from the driveway. He was not aware of that requirement; otherwise they would have done that at the beginning. They designed the sign as a mirror image of the sign at their flagship store. It carries many of the same aesthetic elements and color scheme. It is attractive with minimal message board. They feel they can adjust the sign to fall within the 120 square feet as recommended. They would intend to do that. Dr. Vos stated they were willing to take off 14 square feet. Mr. Bachman stated he thought they could adjust that to accommodate. They have a fair amount of background area. The reader board will probably need that size signage. He felt they could adjust some other elements without changing the sign too dramatically to fall within the city's requirements. --- 4.21 R � APPEALS COMMISSION MEETING, APRIL 8, 1998 PAGE 13 Ms. Beaulieu asked if the petitioner had any problems with the stipulations. Mr. Bachman stated he has reviewed the stipulations and has no problem with them. Ms. Mau asked how many future tenants they planned to have in the development. Mr. Bachman stated the outlot would support a single tenant with roughly 5,000 square feet of building space. At this point, they have no tenants that have expressed an interest in that outlot. At this point, that portion related to another tenant wou�d not be developed on the sign. Mr. Mau asked if the size of the sign would be a problem with that particular tenant. Mr. Bachman thought it would not be because they would have good exposure. That frontage road has exposure from University Avenue. Dr. Vos stated that tenant can also put up a wall sign. Ms. Mau stated her concem was that there would be more than one tenant. Mr. Bachman stated one of the stipulations stated that there is an agreement that there would be no other pylon sign. They also do not want a cluttered appearance created by pylons. TI N by Dr. Vos, seconded by Ms. Mau, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BEAULIEU DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:52 P.M. Ms. Mau stated Bachman's has put a lot of thought into the sign. From the way it looks, it will be an attractive sign. She drove down University Avenue. There is a wide variety of sign sizes. She looked at the Bob's Produce sign to get an idea of the size. She did not think it would be a problem on this property. It is set back far enough from University Avenue. . Dr. Vos stated any time they can trade 160 square feet of sign for 120 square feet is a good deaL MOTION by Mr. Jones, seconded by Ms. Mau, to recommend approval of Variance Request, VAR #98-08, by Hortco LLC. (Bachman's}, to increase the size of a sign from 80 square feet to 120 square feet to allow the construction of a free-standing sign on Lots 2- 3, Block 1, Walton 2nd Addition, generally located at 8200 University Avenue, with the following stipulations 1. The petitioner shall record against the title of Lot 3, Block 1, Walton 2nd Addition, a covenant which prohibits the installation of a free standing sign on said lot. 2. The sign area shall be limited to 120 square feet in size. 4.22 APPEALS COMMISSION MEETING, APRlL 8, 1.998 _ PAGE 14 3. The sign shall meet height and location standards of Section 214.11 of the Fridley City Code. 4. The variance shall remain in effect until: A. The sign is altered in any way, except for routine maintenance and change of inessages, which makes the sign less in compliance with the requirements of Chapter 214 than it was before the alterations. B. The supporting structure of the sign is replaced or remodeled. C. The face of the sign is replaced or remodeled. D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of said sign, at which time all of the sign and its structure be removed. E. Notwithstanding paragraph (A) above, upon the change of the same of the business being displayed on the sign. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BEAULIEU DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Tatting stated the City Council would consider this request on April 20. 4. ��I-3�L�!�� Mr. Hickok stated this is an opportuni for the Appeals Commission to comment on, suggest additions to or discuss the 19 goals and objectives. The comprehensive plan process has begun, and they are lookin forward to completing that in 1999. Staff are looking at the Hyde Park neighborhood. edevelopment efforts there include the 57th Avenue improvements and possible rede lopment of the former Frank's Used Car site. Staff are also looking at redevelopment of e salvage yards north of 73rd Avenue, looking at those sites and determining what best in that area. Mr. Hickok stated staff also included the Build g Division and Housing Division goals and objectives. They plan to move ahead with pro ams in those areas. They have a plan book prepared by the housing staff which is ava able for review and an opportunity to look at ideas for home remodeling/improvements There are also tips on how to do things - with the standard floor plans, who to talk to about uilding permits, etc. Mr. Hickok stated staff will be electronically recordin information to tie into the G.I.S. data base. This will allow staff to quickly obtain a building istory or profile on any given property. Mr. Hickok stated customer service is also important. S ff want to evaluate their performance. They will be coming to the Commission fr time to time with surveys to see what staff can do to provide the best quality service b th intemally and extemally. 4.23 communi �' Depa�:�ment To: CC: Development..............v..................................................._ William W. Bums, City Manager !�'/ � Scott Hickok, Planning Coordinator From: Barbara Dacy, Community Development Director Date: 04/ 16/98 Re: Consultant Contract for Vision Process of Comprehensive Plan Plan Process Plan process includes three phases: • Vision Process . Plan Rewrite • Executive Summary and Plan Publication iched consultant contract will accomplish the first pl�ase, establishing a future vision for Staff recommends the Council authorize staff to execute a contract with Hoisington Kcegler Inc. for $12,850. Vision Process The vision process will involve two community meetings attended by participants invited by the City Council as well as those people from the public who have an interest in attending. The desired audience size is at least 150 people. The outcome of the process will be fourfold: In the first meeting, the participants �vill identify what the community wants to accomplish in the futwe: • Define Fridley today . Establish wha[ the community wants in 2010 and 2020 . Establish a sense of the "big picture" in order to address specific areas • Establish general goals In the second meeting, the participants will "set the stage" for the Comprehensive Plan rewrite by establislung priorities and establish a framework for measuring success: 5,01 April 16, 1998 1 3 1 • Explore ideas � • Define the desired outcomes from the first meeting • Identify benchmarks for success The outcome of the vision process will establish the groundwork to make decisions during the plan rewrite. 4. The process will provide a forum for focused and effcient community participadon At the conclusion of the meetings, a written insert summarizing the outcome of the vision process will be prepared and published in the Fridley Focus with a"tear-off' comment sheet to comment on the outcome of the meetings. Once these responses have been analyzed, the consultant will prepare a final summary of the process and findings and present it to the City Council and the Planning Commission. What About All Those Pianning Area Meetings? In order to prepare for the vision meetings, the consultant will be given the outcome of the Planning Area meetings plus the outcome of the recent community and business surveys, and several other reports, which have been recendy completed. The Planning Area meetings in front of the Planning Commission helped to identify essential issues, which the consultant can use to flesh out goals and desired outcomes at the vision meetings. The appearance and image of the city was frequendy mentioned, as was the desire to maintain the appearance of neighborhoods. There is also a significant amount of site specific information, which will help when analyzing certain areas of the community (e.g. there were several comments about the 57`� Avenue intersection with Universiry). The consultant intends to use a significant amount of graphics to portray the esisting conditions in the City and to understand the comments from the participants. The concepts discussed in the first meeting, for example, will be portrayed graphically for discussion and further definition at the second meeting. Staff has finished compiling the results of the 589 written responses and has compiled some of the site specific inforn�ation on the large size Planning Area GIS maps in the Community Development Department. A summary and analysis of the responses from the written surveys is attached. About Hoisington Koegler Group, inc. Mark Kcegler and Fred Hoisington are the major partners of this urban planning and design consultant group. They have used what they call "place appropriate" planning in a number of cities including Crystal, New Brighton, Richfield, South St. Paul, Woodbury, Ramsey, Chanhassen, and others (see Kcelger's letter dated April 13, 1998). Cities have used Hoisington Kcegler's services for Comprehensive Plan updates or simply freestanding projects. Staff has checked with other staff people from some of tlie aforementioned cities, and ail gave the consultant high marks. I worked with each consultant individually at Chanhassen prior to them forming a partnership. I have observed them in tough meeting situations, and they possess excellent oral presentation skills and deal well �vith the public. Staff recommends the Council proceed with dus consultant on this phase since they have considerable experience and the proposed process will define the "big picture" efficiently. It is important to conduct these meetings before July and August, when most people take summer 'rJ.02 April 16, 1998 vacations. The contract amount for ihe second phase, the plan rewrite, will be more significant. Because it will more than likely be over $25,000, sta� �vill be sending out request for proposals to consultants this month (more discussion on this phase belotv). Next Steps Should the Council agree to authorize the contract to initiate the vision process for the Comprehensive Plan, staff would complete the following: 1. Establish the dates for the two meetings, the first to be on May 28, 1998 and the second on June 25, 1998. 2. Establish meeting room lc�cation, either Community Education Center or one of the schools. 3. Recommend an invitation list to Mayor and Council. The commission members, Chamber representatives, and members from community groups would be examples of im�itees. 4. Conduct a public information outreach effort, including a video, press release, and announcements at Council meetings and Commission meetings to advertise the upcoming process and meetings. 5. Mail invitations and prepare for meetings. Future Phases of Comprehensive Plan Process Staff has prepazed a Request for Proposal for the plan rewrite phase and will be mailing the RFP to consultants this month for a response the latter part of May. The consultant contract is scheduled for approval the first meeting in June. The proposed scope of service would require the consultant to work on the "priority" chapters identified by the City Counci( in their 1997 survey, including housing, transportation, land use, and se�ver facilities. Redevelopment issues would be a part of the land use chapter. Other chapters, �vhich the consultani will have to complete to meet Met Council requirements, include the park and recreation chapter, storrm�vater management, and the "Critical Area" requirements for the Mississippi River. Another chapter, �vhich is not mandated but was a Council request from die 1997 survey is a chapter on human services. The Human Resources Commission will be working on an outline of this chapter tlus summer. The consultant would also be requested to assist staff with this chapter as well. . Funded Mandate The City has already received $8,000 this year from the Met Council as a grant to fund the Comprehensive Plan process. Staff has also made application for an$11,060 interest free loan which can be paid back over tivee years. The assistance from Met Council will retire the costs for the vision process. The costs for the plan rewrite will need to be paid by a budget reappropriation The 1998 Planning Division budget does contain $9,000 for consultant work. Publication costs for the plan will be proposed in the 1999 budget. Recommendation Staff recommends the City Council authorize staff to execute a contract with Hoisington Kcegler Group, Inc. for $12,850. M-98-82 5.03 3 Creative Solutions for Land Planning and Design Hoisington Koegler Group Inc. April 13, 1998 Ms. Barbara Dacy, AICP Community Development Director City of Fridley Fridley Municipal Center 6431 University Avenue N.E. Fridley, MN 55432 Dear Ms. Dacy: I am pleased to submit this proposal in response to your letter of April 3, 1998 to formulate and conduct a vision process for the City of Fridley as a first step in the community's updating of its comprehensive plan. Before presenting proposal information, it may be appropriate to provide you with a brief overview of our firm's experience in projects of this type. First, some background. The participation of the community in the planning process is critical to the success of any comprehensive planning effort. Our experience has shown that without the local knowledge that City officials and residents bring to the project, no amount of professional expertise will yield a wholly satisfactory planning solution. Hoisington Koegler Group is a leader in the use of consent building approaches that blend the creativity of the public and decision makers with the professional planning expertise offered by HKgi. We employ highly interactive and visual approaches which a11ow participants to build on their own ideas and immediately see the results of their input. We have also found that no two places are alike, therefore, the means to define a vision for the City of Fridley needs to be crafted to specifically fit local conditions. The vision process that produces results in Inver Grove Heights or South St. Paul will not automatically produce the desired resuits in Frid1Cy. vur planning approach als� stresses t:�e unique attri��ates of the community. The approach utilized by HKgi can be summarized as "place appropriate" planning. This approach builds on the already existing natural, historical and cultural characteristics and patterns to serve as the framework for planning. The process reveals the strengths that already exist in the City to serve as building blocks for the future. HKgi has been involved in numerous visioning processes both as freestanding projects and as part of comprehensive plan updates. A sample of representative clients includes the Minnesota communities of Chanhassen, South St. Paul, Woodbury, Ramsey, Inver Grove Heights, �irginia, Hopkins, Crystal, Bayport and New Prague and Johnston; Iowa. � 5�0� h Third Street, Suite 100, Minneapolis, MN 55401-1659 Ph (61Z) 338-OS00 Fx (612) 338-6838 Ms. Barbara Dacy April 13, 1998 Page 2 Establishing a Vision for Fridley We will structure two vision sessions that aze focused on defining what Fridley is today and what residents want the community to be in 2010 or 2020. Based on the information contained in your letter and our discussions on this issue, the following preliminary work program is suggested: Task 1— Conduct a workshop with the City Council and Staff to review the proces5 and to establish a level of expectations for the outcome of the effort. Task 2— Conduct a public information outreach effort, the purpose of which is to "kick off' the vision process and to let people know about upcoming opportunities for involvement. This task could include preparation of a short "spot" that could run on the local cable TV channel. Task 3- Develop a communications plan, conduct publicity and mail invitations. HKgi will work with City staff to accomplish this task. Task 4— Conduct a visioning session representing all community glanning interests (anticipated attendance 150�. The format for this session will be interactive small and large group discussions with a specific focus on defining: What is Fridley? What do residents want Fridley to be in the year 2010 and 2020? What characteristics will the City have in the future vision? HKgi will assemble written materials for the session and will prepare general analysis graphics for reference by attendees. The role of City staff at the session will be to serve as technical resources, not actual participants. Members of the City Council and the various boards and commissions afiiliated with Fridley are encouraged to be active participants. Task 5— Conduct a follow-up visioning session to further explore the ideas that were generated in session #1. This session will be conducted in a"graphics facilitation" style that uses quickly drawn images to explore ideas and to gain agreement on general concepts. The session will also focus on the establishment of priorities and will help establish a framework for measuring progress towar3 attainina th� identified visi�n. Task 6- Prepare a draft vision statement and guiding principles supported by images and icon sketches to illustrate major vision components. Task 7— Meet with the City Council and staff to review the results of Task 6 and to gain concurrence. Task 8— Publish the results of the visioning sessions in a special City newsletter to solicit a response from the general public to the session outcomes. The newsletter could contain a questionnaire tear-off to allow return responses. As an alternative, a summary and teaz-off could be published in the Fridley Focus. 5.05 Ms. Barbara Dacy April 13, 1998 Page 3 Task 9— Prepare and present a written report to the City Council and Planning Commission on the visioning process and its outcomes. Task 10 — Meet with City staff during the duration of the visioning phase (up to three times). Based on the above scope of services, the following is a fee breakdown by task: 1. Workshop $ 720.00 2. Public Information Meeting 720.00 3. Communications Plan 585.00 4. Visioning Session #1 3,475.00 5. Visioning Session #2 3,750.00 6. Vision StatemenVGuiding Principles 810.00 7. Meeting with City CounciUPlanning Commission 720.00 8. Publish Results 540.00 9. Prepare/Present Written Report 1,530.00 Total $12,850.00 The preliminary scope of services that is identified in this proposal assumes that the City of Fridley will provide the arrangements for the two visioning sessions including establishing suitable locations for the meetings, obtaining required public address systems, audio-visual equipment and refreshments for the participants. It is also assumed that the City, with assistance from the consultant, will prepare, send out and tabulate responses from the special City newsletter. We appreciate the opportunity to provide the City of Fridley with this proposal for professional services. I look forward to meeting with you and Bill Burns on Wednesday to further discuss this project. If you have any questions prior to that time, please call me. Sincerely, i—'�'lP�-�-- �'°�raC� R. Mark Koegler, RLA Senior Vice President .,� . � � 5.06 r , Outcome of Planning Area Meetings Attendees at Planning Area meetings were asked to respond to two questions. The resuits are as follows: What is Fridley? What role or roles does Frid/ey play in the larger metropolitan area? • Leading the way for an ideal community that is very efficient. • Balance of development, open space, accessibility to other parts of inetro area. • Small, safe, convenient home town. Should be considered an increasingiy attractive plance to live. • Second ring suburb, convenient location, good residential housing for entry level homeowners. • A second ring suburb with history and various diverse housing-mostly known a a "blue collar" suburb. • Keep the levei of living high-not go down hiii as the metro area moves out; muRiple dwellings are not the answer. • Make it a safe place to live-more patrols by police. • A mini-city which support the larger metro area. • Continue supporting the Values. • Not much is said about Fridley's advances on new programs. Seems like we only hear about a bad thing on news. • Fridley is a small community with convenient access to the big city so in some ways it is best of both worlds. I like Fridley because of its physical size, the stability of residents (lots of my daughter's friends parents grew up here!). The friendliness and helpfulness of cityt worke�s, the trees and nature areas, the schools. • Fridley is a second ring metro community and will have some the inner ring problems with drugs. Deteriorating muftiple dwellings must be inspected equally and enforcement the building and housing codes is essential. (learn from Columbia Heights example) Be willing to "bite the bullet" in enforcing the housing code- particularly with absentee landlords. If Fridley were to be the ideal community in the year 2010, what characteristics or experiences wou/d you expect it to offer? • Accessibility to decision making • Quick response to comments • Balance of city services and individual control • Avoidance of "over-development"-keep open space open. • Services for a variety of age groups. • Get rid of fence on University so it is more attractive. • Municipal indoor and outdoor pools including special sections for those needing water (heated) therapy regarding health problems. • Inter city busing for all to possible spots like Northtown, Walmart, CUB et. And connecting with MTC lines. Example: Mississippi Street and 815t Street. • Continue input from the people who live in the community. A community with resources available for everyone. Get ride of Fantasy House and pawn shops. • We need bagel and coffee shops. • A place for everyone to feel comfortable from toddler to octogenarian. . Variety of home styles. • Will kept homes and yards • Activities and resources for all. • Not any more residential traffic and slower. � 5.07 • Less multiple housing. • Don't let absentee landiords run down properties like Columbia Heights; don't build more muftiple dwellings. • Encourage residents topick up afterotherto keep out city clean. • Good schools. • Low crime. • Well mairrtained neighborhoods. • Clean, well cared for, wetl used parks. • Mix of different age families. • Friendly, progressive government. • Possible mass transit access. • Clean, manicured common areas or roadways, public fences, center medians- - eliminate weeds and junk. • A community that provides a safe and affordable place for residents to live and worlc. • Ample natural areas (like Rice Creek Regional Trail, etc.) to act as buffer against urban sprawl and provide residents with access to nature within the community. • Businesses and community areas for mid and high school aged kids to "hang ouY, meet friends, participate in safe activities. Coffee houses, roller rink etc., a"town center". If there are such places now, kids don't know about it. • Stable residential areas-so trees can grow and neighborhoods can build communities. • The growth has been orderly to date. The next phase of "redevelopment" must be anticipated and long range plans set in place. • Enforcement of curfew laws • Absence of iIl kept properties. • Enforcement of noise ordinances. • Clean up of litter. Written Survey Responses Written surveys: 589 responses out of 12,070 mailed for 4.88% response rate. • 533 residents responded, 30 businesses, 26 unknown • 259 males, 239 females • 27% of respondents aged 61-70 • 27% lived in Fridley 31 — 40 years The response rate is very low, and mail suiveys are "self selecting" and may not reflect a consensus of opinion. The comments from the written survey were reviewed and categorized into comments about various issues (see attached matrices). Specific complaints regarding code enforcement issues were tabulated separately. Specific ideas or concerns about land use issues were placed on post it notes and affixed to large Planning Area maps. "What do you lil:e about Fridley"? 1. Area 7 had the highest satisfaction about parks. 2. Across aIl areas there was at least 30% of the remarks complimenting city services. 3. Area 2 has the highest percentage of responses about the level of prope�ty upkeep. 4. Area 1 had the highest percentage of comments about the quality of city govemment. 5. Area 7 commented the most about taxes. 6. Area 6 liked the people in Fridley the most. 7. Across all areas there were comments on Fridley's excellent location and accessibility. 5.08 8. Area 7 had the highest number responses about the level of safety in the community. 9. Area 2 and Area 6 liked the land uses in the City. 10. Area 4 liked the image of the City. 11. Areas 1, 2, 4, and 6 had high remarks forthe school systems. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1. 2. 3. 4. 5 "What do you dislike about Fridley?" Area 3 disliked the park system (5.1 % of 58 responses). Area 1 disliked City services (20.3% of 154 responses). Area 3 disliked the level of property upkeep in the city (18.6% of 58 responses. Area 6 disliked the amount of amenities available in the City (16°/a of 31 responses). Area 2 disliked City Govemment (32% of 45 responses). Area 1 disliked taxation in the City (7.8% of 154 responses). � Area 6 stated they dislike the people of Fridley (8% of 31 responses). Only 2.3% of atl areas identified access/location as being a dislike. Area 6 disliked the level of traffic in the City (20% of 31 responses). 52% of Area 6 respondents identified safety and crime as a dislike (31 responses). Area 3 registered the most dislikes about land uses with 39% of 58 respondents. There were high levels of concerns in Areas 1,2, 4, and 5. Areas 2 and 4 had the highest concern about the City's image. There were very few comments disliking the school systems. Also of note, there were a number of respondents who listed "No commenY, or "nothing' under dislikes. Area 5 had the highest percentage in these categories (60 responses). Area 5 indicated the strongest dislike for the level of noise in the city with 30.4% indicating a concern (60 responses). "What do you like about your ncighborhood?" Area 7 liked the neighborhood parks the best (25% of 72 responses). Area 1 liked the high quality of city services the most (12.5% of 154 responses). Area 3 had the highest percent of comments on the level of property upkeep with Areas 1,2, and 4 close behind (40.6% of 58 responses). Area 7 liked their neighborhood's amenities the best (22.2% of 72 responses). City govemment and taxes were not mention very often as a responses to this question. Across all areas, there was very positive response that the neighborhood's "people" were a key aspect of the neighborhood. Area 6 had the highest amount of responses listing access and location as a"like" (24°� of 31 responses). . Area 2 identified traffic speed as a like most often (11.6% of 45 responses). Area 3 felt the most safe (16.4% of 58 responses). Area 6 had the highest percent for land use (8% of 31 responses). There were few comments about the neighborhood's image. Area 2 indicated "quiet" the most often (18.3% of 45 responses). Area 7 listed "no comment" or "nothing" to this question the most (11.1% and 13.9% of 72 responses). KWhat do you dislike about your neighborhood?" Area 1 disliked the parks the most (3.9% of 154 responses). Area 7 is most unhappy with city services to the neighborhood (15.3% of 72 responses). Areas 2 and 6 are the most unhappy with the appearance of their neighborhoods (32°k each of 45 and 31 responses). � City government and taxes were not listed very often as neighborhood dislikes (less than 5%). Area 5 registered the most dislikes about people in their neighborhood (14.3% or 60 responses). 5.09 6. There was only 1.8% of all respondents that listed location/access as a disiike. 7. Area 6 was the most unhappy about traffic their neighborhood (24% of 31 responses). 8. Area 6 and 7 also had the highest concern for crime and safety in their neighbofioods (16% and 15.3% of 31 and 72 responses). � 9. Area 5 listed a number of land use issues as dislikes (23.8% of 60 responses). 10. Schools were not mentioned at all as a neighborhood dislike. 11. Image was a concern for Area 3 but only 3.4% of 58 responses were noted. 12. Area 4 and 5 had 14% each responding as "no comment" or no response to the distike question. 5.10 � � � \ 1�� 0 , ��- � , ,' ,� � 1 , /� i, 4 a b 3 � �. ---� 4 � � 2 / � 0 0 �� ° City of Fridle Y � 5.11 i PLANNING AREA BOUNDARIES � Planning Area Surveys "What do you like about Fridley?" One Two Three Four Five Six Seven Total Number Parcels 2953 548 3806 2497 766 356 1144 Number of Res onses 154 45 58 169 60 31 72 Parks 21�.8 18.6 18.6 23.2 5.3 32 25 Cit Services 40.6 32.5 40.6 28.2 39.3 36 34.7 Pro ert U kee 8.5 20.9 11.9 3.2 5.3 0 8.3 Amenities 6.25 6.9 10.2 5.3 5.3 8 20.8 Cit Govemment 14.6 11.87 13.6 9.3 10.7 8 9.7 Taxes 2.3 11.8 8.5 9.5 8.9 8 12.5 Peo le 9.4 16.3 3.4 14.3 14.3 24 13.9 Access/Location 42.9 20.9 45.8 38.6 19.6 52 26.4 Traffic S eed 0 2.3 0 0 0 4 0 Safet /Crime 4.7 6.9 6.8 9.5 8.9 8 9.7 Land Use 8.5 16.3 11.9 6.3 7.1 16 5.5 Ima e 1.6 2.3 1.7 91.6 3.6 8 0 Schools 18.75 16.3 6.8 20.6 7.1 20 16.7 "OK" 0 0 0 1.6 3.6 0 0 "No comment" 0.78 0 0 0 1.8 0 0 No Res onse 4.7 0 0 3.4 8.9 0 6.9 "Nothin " 0 0 0 0 0 0 0.00 "Quiet" 2.3 0 0 0 0 0 0 5.12 "What do you dislike about Fridley?" One Two Three Four Five Six Seven Parks 2.4 4.6 5.1 3.7 0 0 2.8 Ci Services 20.3 9.3 13.6 9.5 10.7 16 19.4 Pro e U kee 10.2 11.6 18.6 3.7 8.9 4 16.7 Amenities 1.6 6.9 3.4 4.2 3.6 16 6.9 Ci Government 8.6 32.5 19.6 13.2 26.8 20 4.2 Taxes 7.8 2.3 1.7 3.7 7.1 0 5.5 Peo le 1.6 0 1.7 4.2 3.6 8 1.3 Access/Location 0 2.3 0 0 0 0 0 Traffic S eed 6.25 11.6 8.5 8.5 14.3 20 15.3 Safet /Crime 6.25 9.3 6.8 4.2 3.6 52 8.3 Land Use 26.5 18.6 39 24.9 23.2 12 16.7 Ima e 16.4 20.9 17 21.7 5.3 4 0 Schools 2.4 0 0 1.6 0 0 4.2 "OK" 0 0 3.4 0.5 3.6 0 0 "No Comment" 3.9 0 1.7 3.7 8.9 4 2.8 No Res onse 9.4 0 5.1 7.9 14.2 0 0 "Nothin " 1.6 0 0 0 7.3 0 1.3 "Quiet" 14.9 0 6.8 11.6 30.4 4 4.1 5.13 Planning Area Surveys "What do you like about your neighborhood?" One Two Three Four Five Six Seven Parks 11.7 16.3 13.6 8.5 3.6 20 25 Cit Services 12.5 2.3 11.7 6.3 7.1 12 5.5 Pro e U kee 33.5 39.5 40.6 27.5 17.8 20 18 Amenities 11.7 2.3 13.6 7.9 1.8 16 ' 22.2 Ci Government 0 2.3 0 0 0 0 1.3 Taxes 0 0 0 0 3.6 0 0 Peo le 38.3 51.2 45.8 42.3 55.4 60 43 Access/Location 14.8 6.9 20.3 12.2 12.5 24 8.3 Tra�c S eed 0 11.6 0 3.2 5.3 8 5.5 Safet 15.6 4.7 16.4 14.3 14.3 8 12.5 Land Use 3.9 2.3 3.4 5.8 0 8 0 Ima e 2.3 0 1.7 1.6 0 0 1.3 Schools 3.1 0 0 2.6 7.! 4 0 "OK" 0 6.9 5.1 3.2 1.8 4 0 "No Comment" 0.78 0 0 0.5 1.8 0 11.1 No Res onse 6.25 0 1.7 4.2 8.9 0 1.3 "Nothin " 0 0 0 0 0 0 13.9 "Quiet" 17.9_ 18.3 0 0 0 0 0 5.14 "What do you dislike about your neighborhood?" One Two Three Four Five Six Seven Parks 3.9 2.3 0 1 1.8 4 2.8 Cit Services 10.1 6.9 10.2 3.7 3.6 8 t5.3 Pro e U kee 24.2 32.5 23.7 11.6 25 32 25 Amenities 3.6 2.3 3.4 6.3 1.8 12 9.7 Ci Government 0 0 1.7 4.2 1.8 0 0 Taxes 3.1 0 0 0 0 0 1.3 Peo le 9.37 6.9 3.4 7.9 14.3 2 6.9 Access/�ocation 0 0 0 0 1.8 0 0 Tra�c S eed 21.1 9.3 20.3 21.2 14.3 24 9.7 Safet 0 6.9 10.2 2.1 3.6 16 15.3 Land Use 7.8 11.6 16.9 19.6 23.8 16 5.5 Ima e 1.6 2.3 3.4 2.1 0 4 0 Schools 0 0 0 0 0 0 0 "OK" 0 2.3 5.1 1.6 3.6 0 0 "No CommenY' 3.6 0 0 14.3 5.3 8 0 No Res onse 4 0 0 6.3 14.3 4 9.7 "Nothin " 2 0 0 0 0 0 2.8 "QuieY' 0 0 0 0 0 0 0 5.15 City of Fridley TO: William W. Burns, City Manager�� FROM: John G. F1ora,�Public Works Director Jon H.��, Assistant Public Works Director DATE: Apri120, 1998 SUBJECT: Change Order No. 1, Hackmann Avenue Street Improvement Project No. ST. 1998 - 1 . .. . . �:. The attached Change Order No. 1 is for the addition of the sump pump discharge collection line to the contract as previously discussed. . In addition, a significant amount of poor quality, wet soils and clay were found during the watermain excavation. These soils could lead to premature degradation of the new roadway from such things as frost heaves and sinkholes. Therefore, we have negotiated a price with the contractor for MnDOT Type V geotextile fabric to be installed below the subgrade. The fabric keeps the pavement base materials sepazate from the underlying soils and maintains a solid uniform road section. We will realize a significant cost savings using this method as opposed to the altemate method of increasing the roadway subcut and importing additional granular base material. The third item on the change order is for a joint saw and seal program to control the location of surface cracks as recommended by MnDOT for new pavements. We will also be having the contractor repair a number of cracked sewer services and water service valves which were found to be in poor or inoperable condition along the project. We will forwazd these costs on to you for approval once we receive the final numbers. The net cost of Change Order No. 1 is $35,619.00. Recommend the City Council approve Change Order No. 1 to Forest Lake Contracting for the Hackmann Avenue Street Improvement Project No. ST. 1998 -1. JHI�/JGF:cz Attachment 6.01 UTY OF FRIDLEY ENG[NEERING DEPARTMENT 6431 CINIVERSITY AVENl1E N.E. FRIDLEY, MN 55432 Apri! 20, 1998 Forest Lake Contracting, Inc. ] 4777 Lake Drive Forest Lake MN 55025 SIIBJECT: Change Order No. �, Hackmann Avenue Street Improvement Project No. ST. 1998 - 1 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Hackmann Avenue Street Imnprovement Project No. ST ] 998 - 1 by adding the following work: Addition: [tem uantit Price Amount 1. Sump pump discharge line 1 LS $18,300.00 18,300.00 2. MnDOT Type V geotextile fabric 12,300 SY 1.03 12,669.00 3. Saw and seal joints 3,000 LF 1.55 4,650.00 $ 35,619.00 TO'[AL ADDl710NS TOTAL CHANGE ORDERS: Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $382,705.00 Contract Additions - Change Order No. 1 ..................................................... 35.619.00 REVISED CONTRACT AMOl1NT $4 ] 8,324.00 6.02 Forest Lake Contracting, Inc. Change Order No. 1 April 20, 1998 Page 2 Submitted and approved by John G. Flora. Public Works Director, on the 20th day of April, 1998. Prepared by Checked by John G. Flora, P.E. Director of Public Works Approveci and accepted this day of . 1998 by EOREST LAKE CONTRACTING, INC. Daniel R. Vollhaber, Project Engineer Approved and accepted this day of . 1998 by � CI'tY OE FR[DLEY Nancy J. Jorgenson, Mayor Wi(liam W. Burns, City Manager Approved and accepted this day of . 1998 by Metro Division Assistant State Aid Engineer 6.03 TO: WILLIAM W. BURNS, CITYMANAGER �� . FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTIONPROVIDING FOR THE ISSUANCE OF THE CITY'S $1,185,000 GENERAL OBLIGATIONBONDS, SERIES 1998A DATE: Apri117,1998 Attached is the resolution provided to us by Jim O'Meara from the firm of Briggs & Morgan. The resolution is for the sale of $1,185,000 in General Obligation Water Revenue Refunding Bonds, Series 1998A. As you will recall, these bonds are being issued to provide an advance refunding of the Water Bonds of 1991. By issuing this debt the City will save approximately $121,649.70 over the life of the issue. The debt service on the water bonds is being provided by the revenue generated through the Utility Fund. 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 for 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, Apri120th, the information from the bidders will not be available until the evening of the Council Meeting. A representative from Springstead will be present to review the results of the bidding process and make a recommendation for the lowest underwriter or syndicate. RDP/me Attachment 7.01 ' RESOLUTION NO. -1998 f� RESOLIITION PROVIDING FOR THE ISSUANCE AND SALis OF THE CITY'S GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 1998A WHEREAS, the City has received bids for the purchase of its General Obligation Water Revenue Refunding Bonds, Series 1998A. NOW, THEREFORE, BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: l. Findinas. It is hereby determined: (a) The City issued its $1,615,000 General Obligation Water Revenue Bonds, Series 1991A, dated January 1, 1991 (the "Prior Bonds"), for the purpose of defraying the expense of the acquisition, construction, furnishing, and betterment of the City's municipal water system and utility. (b) The Council believes it to be in the City's best interest to consider a refunding of the Prior Bonds. (c) The Prior Bonds are subject to prepayment on February 1, 2000, at the option of the City at the redemption price of par plus accrued interest. (d) The refunding of the Prior Bonds is consistent with covenants made with the holders thereof and is necessary and desirable for and will result in the reduction of debt service cost to the City. (e) It is necessary and expedient to issue the City's General Obligation Water Revenue Refunding Bonds, Series 1998A (the "Bonds"), to provide (together with other available funds of the City to be used for such purposes) moneys for a crossover refunding of the $1,135,000 of the principal of the Prior Bonds maturing after February l, 2000 (which Prior Bonds are sometimes referred to herein as the "Refunded Bonds"). (f) There has been presented to the City the form of a certain Escrow Agreement, dated as of May 1, 1998 (the "Escrow Agreement"), which is to be executed and delivered by and between the City and the Escrow Agent thereunder in connection with the issuance of the Bonds and which provides, in accordance with its terms and the terms of this 929925.1 7.02 � Resolution, for the deposit and investment within the Escrow Account thereunder of.proceeds o£ the Bonds for subsequent disbursement by the Escrow Agent thereunder. (g) The Council desires that the Bonds be issued in Book Entry Only Form, as hereinafter described. 2. Acceptance of Offer. The offer of (the "Purchaser"), to purchase the City's General Obligation Water Revenue Refunding Bonds, Series 1998A, dated May 1, 1998 (the "Bonds°,_or individually a �'Bond�'), 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. 3. Title: Oriainal Issue Date; Denominations; Maturities; Book Entry Bonds. (a) The Bonds shall be titled "General Obligation Water Revenue Refunding Bonds, Series 1998A," shall be dated May 1, 1998, 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: Year Amounts 2001 2002 2003 2004 2005 2006 Year Amounts 2007 2008 2009 2010 2011 In lieu of the foregoing serial maturity schedule, at the request of the Purchaser, one or more term Bonds may be delivered having mandatory sinking fund redemptions corresponding to the applicable amounts above. (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York, or any of its successors to its functions hereunder (the "Depository"), will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they_remain in book entry form only 929925.1 �.0� (the "Book Entry Only Period"), shall at all times be in.the_form of a..separate single fu11y registered Bond for each maturity of the Bonds; and authorized denominations for each maturity of Bonds shall be deemed to be limited during the Book Entry On1y Period to the outstanding principal amount of that maturity. While in such book entry form, the Bonds are sometimes hereinafter referred to as being in "Book Entry Only Form.° (ii) Upon initial issuance, shall be registered in maintained by the Bond this Resolution in the the nominee (it or any existing or a successor "Nominee"). ownership of the Bonds a bond register : Registrar described in name of CEDE & CO., as nominee of the Depository, the (iii) With respect to the Bonds, neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or to the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any , Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the registered owner of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are 929925.1 �•O� credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for_the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the Holder or the Holders of the Bonds, as shown on the Bond Registrar's bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 11 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or the City, as the case may be, to the Depository as provided in the Blanket Issuer Letter of Representations required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Blanket Issuer Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, are collectively hereinafter 929925.1 �•O� referred to as the "Blanket Issuer Letter of Representations"):. _ _ . (vii) Al1 transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to authorized denominations and shall be effected by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other� communication to be provided to the Holders pursuant to this Resolution by the City or the Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 30 calendar days in advance thereof to the extent possible. (ix) Any successor Bond Registrar, in its written acceptance of its duties under this Resolution and any paying agency registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Blanket Issuer Letter of Representations. � (x) In the case of a partial Bond, the Holder may, in the Bond for a Bond of a as provided in paragrap�i notation of the reduction on the panel provided on amount so redeemed. prepayment of a lieu of surrendering lesser denomination 6 hereof, make a in principal amount the Bond stating the (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under 929925.1 7■Os ;, applicable law. The City may terminate the services of the Depository with respect to the Bonds if the City determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the : functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City that the Beneficial Owners be issued certificates for the Bonds, the Bonds shall no longer be registered in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 11 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 11 hereof . (d) Blanket Issuer Letter of Representations. The City's execution and delivery of the Blanket Issuer Letter of Representations in substantially the form on file in the offices of the City is hereby affirmed and ratified. The provisions in the Blanket Issuer Letter of Representations are incorporated herein by reference and made fully a part of this Resolution to the same extent as if set forth in full herein, and if and to the extent that any provisions of this Resolution are inconsistent or in conflict with the provisions� of the Blanket Issuer Letter of Representations, the provisions in the Blanket Issuer Letter of Representations shall control. 4. Purpose; Refunding Findinas. The Bonds shall provide moneys for a crossover refunding of the City's Refunded Bonds. It is hereby found, determined and declared that such refunding is necessary or desirable for the reduction of debt service cost to the City and/or the 929925.1 7.07 adjustment of the maturities of the Prior Bonds in relation to the sources for their repayment, and will result in a reduction of debt service cost to the City. Al1 of the proceeds, including all investment earnings thereon, of the Prior Bonds have heretofore been expended by the City for the types of uses and purposes for which the City issued said Prior Bonds. The current and anticipated balances in�the separate debt service account heretofore established by the City for the payment of the principal of and interest on the Prior Bonds have been taken into account in appropriately sizing the Bonds. The present value of the dollar amount of the debt service on the Bonds is lower by at least 3% than the present value of the dollar amount of the debt service on the Refunded Bonds, as provided in Minnesota Statutes, Section 475.67, Subdivision 12. The City has observed and complied with all of its obligations and covenants made by the City in connection with the issuance of the Prior Bonds. 5. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 1998, 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 Year Rate 2001 2002 2003 2004 2005 2006 % Maturity Interest Year Rate 2007 2008 2009 2010 2011 % 6. Redemption. All Bonds maturing after February 1, 2008, 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 less than all Bonds are to be prepaid, the City shall select the amounts of each maturity to be prepaid. 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 929925.1 Z.OQ v applicable law, and 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 pursuant to any contract which the City and Bond Registrar may execute and 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 registered owners (or record owners) of the Bonds in the manner set forth in the form of Bond and paragraph 13 of this Resolution. 8. Form of Bond. The Bonds shall be substantially the following form: s299as.i 7.09 R- � UNITED STATES OF AMERICA STATE OF MINNESOTA ` COUNTY OF ANOKA CITY OF FRIDLEY $ GENER.AL OBLIGATION WATER REVENUE REFUNDING BOND, SERIES 1998A INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE � CUSIP REGISTERED OWNER: PRINCIPAL AMOUNT: �• •-� 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 manner 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 l, 1998, 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 that 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. 929925.1 7. 10 The principal of and premium, if any, and interest on this Bond are payable in iawful 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 Home Rule 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 manual or 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. 929925.1 �. 1 1 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 Authorized Signature Registrable by: Payable at: CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA Mayor City Manager 929925.1 �. IL ' Redemption. All Bonds of this issue maturing after February 1, 2008, 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. If less than all Bonds are to be prepaid, the City shall select the amounts of each maturity to be prepaid. Redemption may be in whole or in part of the Bonds subject to prepayment. 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 be given if and to the extent required by applicable law, and 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 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 denomina- tions, 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 $ , 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 Home Rule Charter of the City and the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on April 20, 1998 (the "Resolution"), for the purpose of providing money to finance certain costs of refunding certain prior bonded indebtedness of the City. This Bond constitutes a general obligation of the 929925.1 �. �� 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. [For Bonds in Book Entry Only Form, the following paragraph shall be added, and this Bond form (1) may be rearranged so that the signature blocks hereof appear at the end of the main text of this form or (2) may otherwise be amended to conform to book entry requirements and the Blanket Issuer Letter of Representations.] Book Entry Only Form• Blanket Issuer Letter of Representations. Pursuant to the Resolution, the Bonds may be issued in Book Entry Only Form, and during any period in which Bonds are in such form, the provisions applicable to the Bonds pursuant to the Blanket Issuer Letter of Representations shall apply, notwithstanding any contrary or inconsistent provision herein or in the Resolution. 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 Bond and any legal or unusual costs regarding transfers and lost Bonds. 929925.1 7. 14 Treatment of Reqistered 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. 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. No Desiqnation of Bonds as Oualified Tax-Exempt Obligations. The Bonds have NOT 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. 929925.1 7. 15 u 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. 929925.1 Z. �(.� , v 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.) 929925.1 7. �7 j / � 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 facsimiles and the corporate seal may be omitted on the Bonds as permitted by law, unless otherwise provided in the applicable form of Bond. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature shall nevertheless 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 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 preparation of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 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 hereinabove 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 May l, 1998. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. 11. Registration; Transfer; Exchanae. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. 929925.1 7. 1$ 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 of a Bond, 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 a�thenticate, 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 Resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. Al1 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 his, her or its 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 t�e transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with, or notice to, the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates . _._ _-_- 929925.1 • • �v I 12. RiQhts U�on Transfer or Exchanae. 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. Deliverv; Application of Proceeds. The Bonds shall be delivered by the City 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. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds and the Refunded Bonds, and to make adequate and specific security to the Purchaser and registered owners from time to time of the Bonds and the Refunded Bonds, there is hereby created a special fund to be designated the '�General Obligation Water Revenue Refunding Bonds, Series 1998A Fund" (the "Fund��) to be administered and maintained by the City Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Refunded Bonds and the Bonds herein authorized and 929925.1 �.�0 the interest thereon shall have been fully paid. There shall be maintained in the Fund two separate accounts_, . to be designated the "Escrow Account" and the "Debt Service Account," respectively. (i) Escrow Account. The proceeds of the sale of the Bonds, less such proceeds of the Bonds (if any) as may be used to pay issuance expenses or hereinafter directed for deposit into the Debt Service Account, plus any other available municipal funds ("Other Funds"), if any, as may be required to adequately fund the Escrow Account (under the Escrow Agreement) to accomplish i:ts purposes, are hereby pledged and appropriated and shall be credited to the Escrow Account. The Escrow Account shall be maintained as an escrow account with the Escrow Agent which is and shall be a suitable financial institution within the State of Minnesota whose deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital and surplus is at least $500,000. All proceeds of the sale of the Bonds to be received by the Escrow Agent shall be applied to fund the Escrow Account or to pay costs of issuing the Bonds. Such proceeds of the Bonds (together with the Other Funds, if any) which are not used by the Escrow Agent to pay costs of issuance of the Bonds are hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option of the holder thereof on such dates and bearing interest at such rates as shall be required to provide funds sufficient, together with any cash or other funds retained in the Escrow Account, to pay (1) when called for redemption on February 1, 2000, the principal amount of each of the Refunded Bonds and (2) the regularly-scheduled interest due on the Bonds on or before February 1, 2000. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account shall be remitted to the City, all in accordance with the terms of the Escrow Agreement. The City's share of such Other Funds, if any, as may be required to fully fund the Escrow Account as described above is hereby appropriated for said purpose and the investment and disbursement thereof provided in the Escrow Agreement are hereby authorized and approved. (ii) Debt Service Account. To the there are hereby pledged and appropriated and there shall 929925.1 Z.�� Debt Service irrevocably be credited: Account (1) all accrued interest received upon delivery of the Bonds which is not then...depasited into::.the:.Escr.ow Account; (2} all collections of any ad valorem taxes hereafter levied by the City for the payment of the Bonds; (3) appropriate amounts of the "Net Revenues" (hereinafter defined) of the City's municipal water system and utility, but only in such amounts as shall be necessary, together with other monies in the Debt Service Account and available for such purposes, to pay, when due, the principal of and interest on the Bonds; (4) all investment earnings on funds held in the Debt Service Account; and (5) any amounts received by the City upon termination of the Escrow 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 other available funds therein (and the same shall be used solely), to pay the principal of and interest on the Bonds, when due. As used in this paragraph, Net Revenues of the City's municipal water system shall mean the gross revenues derived by the City from the operation of said system, including all charges for service, use, availability, and connection to that 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 the Bonds 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 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 the Bonds, 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 Bonds), the City may issue additional obligations secured in whole or in part from such Net Revenues, whose pledge to any such new obliga- tions may be made superior or subordinate to, or on a parity with, the pledges of such Net Revenues made herein to the Bonds. 929925.1 7.2L The City has heretofore issued and currently has outstanding certain general obligations of the City,< which are payable from certain of the Net Revenues of the municipal water system 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 Bonds payable therefrom, and all such additional obligations, and accordingly the pledges and appropriations of Net Revenues to the payment of the Bonds pursuant to this Resolution are hereby made on a parity with any and all such prior pledges of Net Revenues. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than any applicable "minor portion" which may be available for the Bonds. To this effect, any proceeds of the Bonds and any sums from time to time held in the Debt Service Account in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to � yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds or any Additional Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 17. 105% Debt Service Coveracre. It is hereby determined that the estimated collections of the revenues dedicated to the Debt Service Account pursuant to paragraph 16(ii) of this Resolution would produce at least 5°s in excess of the amount needed to meet, when due, the principal of and interest on the Bonds. The City Clerk is hereby directed to file a certified copy of this Resolution with the County Auditor of Anoka County and to obtain the certificate of said office required by Minnesota Statutes, Section 475.63. 929925.1 7.�Q v 18. General Obligation Pledge. The full faith and credit and taxing powers of the Cit�r__ are,.hereby.,gledged 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..gaid 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. 19. Prior Bonds: Securitv. Until retirement and full payment of the Prior Bonds, all provisions heretofore made for the security thereof shall be observed by the City; provided, however, that the Council hereby finds and determines that the proceeds of the sale of the Bonds to be used to refund the Refunded Bonds, together with other funds available and appropriated to the Escrow Account for said purpose, will be sufficient, together with the earnings on the investment of such funds in the Escrow Account, to pay all principal of and interest on the Refunded Bonds. 20. Redemption of Refunded Bonds. The Prior Bonds which mature in 2001 and thereafter shall be redeemed and prepaid on February 1, 2000, and the paying agent/registrar for the Prior Bonds is hereby authorized and directed to cause notice of said redemption to be given to the owners of the Prior Bonds in the manner required by law and by the terms of the Prior Bonds. 21. Escrow Aareement. On or prior to the date of delivery of the Bonds the Mayor and City Manager are hereby authorized to execute, on behalf of the City, the Escrow Agreement substantially in the form heretofore presented to the City but with such insertions and modifications as shall be deemed by them to be necessary to accomplish its purposes, as evidenced by their execution and delivery thereof. All terms and conditions of such Escrow Agreement, as so executed and delivered, are hereby approved and adopted and made a part of this Resolution. 22. Purchase of Securities. Springsted Incorporated, the City's public finance advisor for the Bonds, is hereby authorized, in consultation and coordination with the City Finance Director to solicit sufficient bids and to purchase or cause to_be__purchased for and on behalf of 929925.1 �.��'F the City and/or the Escrow Agent the appropriate securities (including United States Treasury Securities) to be placed in the Escrow Account and to execute all such doeuments (including the appropriate subscription forms, if applicable) required to effect such purchase. 23. 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 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. 24. Negative Covenant as to Use of Proceeds and Improvements. The City hereby covenants not to use the project which was financed by the issuance of the Prior Bonds (the "Improvements" or the "Project") 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 (or to take any action or permit any other circumstance to exist or any' action to be taken, the effect to which would be) to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. In particular, but without limitation, the City covenants to forebear the implementation, effectuation or enforcement of any and all contracts or other agreements respecting the Improvements or any property benefitted thereby or assessed with respect thereto, which it may now or in the future have with developers, contractors, owners, lessees, managers, or any other person or parties to the extent that such implementation, effectuation or enforcement would (individually or in the aggregate) cause the Bonds to become such "private activity bonds," and to said limited extent the City would and hereby does (solely for the benefit of the owners of the Bonds) disavow any and all such provisions, entitlements and enforcements which would or could become so offending. 25. Tax-Exempt Status of the Bonds; Rebate. (a) 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 929925 .1 7.2� on the Bonds, including without limitation but only if and to the extent applicable (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. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements provided in Section 148(f)(4)(D) of the Internal Revenue Code of 1986, as amended (the "Code"), the City' � hereby finds, determines and declares that (1) the City is, and the Bonds are issued by, a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) 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 sum of the principal amount of the Bonds plus the aggregate face amount of all other 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 1998 calendar year is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. (c) For purposes of substantiating the determination that the Bonds, being refunding bonds, are eligible for exception from rebate pursuant to the above, in particular because they meet the applicable requirements set out in Section 148 (f )(4 )(D) (v) of the Code, the City hereby represents and determines that (1) the Prior Bonds were issued in 1991 by the City, which was at that time and is now a governmental unit with general taxing powers; (2) the Prior Bonds were not private activity bonds under Sections 103 and 141 through 150 of the Code, and the City qualified the Bonds within the '�small-issuer" exception of Section 148 (f) (4) (D) of the Code; (3) 95% or more of the net proceeds of the Prior Bonds were used for local governmental activities of the City; (4 ) the City, together with all issuers subordinate to or treated as one issuer with the City, did not issue in excess of $5,000,000 of bonds (other than private activity bonds) during calendar year 1991; (5) the average maturity date of the Bonds is 929925.1 �.�A b not later than the average maturity date of the Refunded Bonds; and (6) none of the Bonds has a maturity date which is later than 30 years after the date on which the Prior Bonds were issued. 26. No Desianation of the Bonds as Oualified Tax-Exempt Obligations. The City is not designating the Bonds as "qualified tax-exempt obligations'� for purposes of Section 265(b)(3) of the Code. 27. Supplemental Resolution. The December 10, 1990, resolution of the Council authorizing the issuance of the Prior Bonds is hereby supplemented to the extent necessary to give effect to the provisions of this Resolution. 28. 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). 29. Continuincr Disclosure Undertaking. With respect to the continuing disclosure requirements under Rule 15c2- 12(b)(5) (the "Rule") of the Securities and Exchange Commission, on the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant to provide, or cause to be provided, annual financial information, including audited financial statements of the City, and notices of certain material events, as specified in the Undertaking. The proposed form of the Undertaking which has been submitted to the City for.the Council's consideration is hereby approved, and the officers of the City are hereby authorized to execute and deliver 929925 .1 7.�7 • ! � that Undertaking in the proposed form or in such final form thereof°reflecting such modifications thereof as are consistent with the Rule, requested by the original purchaser of the Bonds and acceptable to the City - officials who shall execute the Undertaking (which consent shall be conclusively evidenced by their execution and delivery thereof). The Undertaking, as . so executed and delivered by the City, shall be as much a part of this Resolution as if set forth in full herein and shall be for the benefit of the owners from time to time of the Bonds. 30. Severabilitv. If any section, paragraph or provision of this Resolution shall be held to be invalid or 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. 31. Headinas. Headings in this Resolution are included for convenience of reference only and shall not limit or define the meaning of any provision hereof. Adopted on April 20, 1998, by the Fridley City Council. NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK 929925.1 �.LV , CITY OF FRIDLEY M E M O R A N D U M ___ _.- �� TO: WILLIAM W. BURNS, CITY MANP,�GER � FRQM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK SUBJECT:. MINNESOTA LAWEVL GAi�LING PREMISE PERMIT RENEWAL APPLICP,TION FOR CHURCH OF IMr1ACULATE CONCEPTION DATE: APRIL 16, 1998 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for Church of Immaculate Conception Columbia Heights. Gambling will be conducted at the Knights of Columbus Hall, 6831 Highway 65 Northeast. Minnesota State Statutes requires the adoption of a resolution approving this type of gambling permit. Immaculate Conception has consistently paid their three percent gambling tax to the City and appears to have complied with the 50 percent expenditure requirement in our trade area. Our Police Department has found no reason to deny this renewal application. 8.01 RESOLUTION NO. _. - 1998 RESOLUTION IN 3UPPORT OF AN APPLICATION FOR A MINNE30TA LAWFUL GAI�LING PREMI3E PERMIT TO CHURCB OF IIrIIr�iCULATE CONCEPTION WHEREAS, the City of Fridley has been served with a copy of a Renewal Application for a Minnesota Lawful Gambling Premise Permit for the Church of Immaculate Conception; and WHEREAS, the location of the Premise Permit is for Knights of Columbus Hall, 6831 Highway 65 Northeast; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to Church of Immaculate Conceptiom. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1998. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 8.�2 ' NANCY J. JORGENSON - MAYOR � � CIT'Y OF ' " FRIDLEY CLAIMS APRI� 20, 1998 CLAIMS 801 28 - 80375 9.01, � ` QTY OF FRIDLEY LICENSES APRIL 20, 1998 Tvpe of License By Ap�roved By: BILLIARDS Fridley VFW Post 363 Ron Saba Fire Dept.; Police Dept.; 1040 Osborne Road Community Dev.; Fridley, MN 55432 Building Inspection I Sharx Sports Bar & Night Club Richard A. DeFoe Fire Dept.; Police Dept.; 3720 East River Road Community Dev.; Fridley, N1N 55421 Building Inspection BOWLING ALLEY Maple Lanes Valley Creek, Inc. Fire Dept.; Police Dept.; 6310 Highway 65 N.E. Community Dev.; Fridley, NIN 55432 - Building Inspection CHARITABLE GAMBLING Church of Immaculate Conception Maureen Vachuska Fire Dept.; Police Dept. 4030 Jackson Street N.E. Columbia Heights, MN 55421 CIGARETTE SALES Avanti Petroleum, Inc. Joseph D. Johnson Fire Dept.; Police Dept.; 6101 University Avenue N.E. Community Dev.; Fridley, MN 55432 Building Inspection Best Western Kelly Inn Kelly Fridley Fire Dept.; Police Dept.; 5201 Central Avenue N.E. Ventures Community Dev.; Fridley, NIN 55421 Building Inspection Freedom Valu Center #58 7600 University Avenue N.E. Fridley, MN 55432 � Fees: : $ 40.00 90.00 � 1 11 Exempt 125.00 125.00 David Erickson Fire Dept.; Police Dept.; 125.00 Community Dev.; Building Inspection 10.01 � � UIY OF FRIDLEY Tyne of License Fridley Amoco Certicare & Mr. Tire 7680 Highway 65 Fridley, MN 55432 Fridley Citgo 5695 Hackman Avenue N.E. Fridley, MN 55432 Fridley VFW Post 363 1040 Osborne Road Fridley, MN 55432 Johnson Automotive 6290 Highway 65 Fridley, MN 55432 Maple Lanes 6310 Highway 65 N.E. Fridley, MN 55432 Mike's Gas & Grocery 6485 East River Road Fridley, MN 55432 Oasis Market 7298 Highway 65 N.E. Fridley, MN 55432 Ozzie's 620 Osborne Road Fridley, MN 55432 Sharx Sports Bar & Night Club 3720 East River Road Fridley, MN 55421 LICENSES APRIL 20, 1998 By Approved Bv: Fees: Bob Ring Fire Dept.; Police Dept.; $ 125.00 Community Dev.; Building Inspection Assaad Hark Fire Dept; Police Dept; Community Dev.; Building Inspection Ron Saba Fire Dept.; Police Dept.; Community Dev.; Building Inspection Sherwood Johnson Fire Dept.; Police Dept. Community Dev.; Building Inspection Valley Creek, Inc. Fire Dept.; Police L?ept.; Community Dev.; Building Inspection Lou Anne Milalek Fire Dept.; Police Dept.; Community Dev.; Building Inspection Arlyn L. Berg Fire Dept.; Police Dept.; Community Dev.; Building Inspection Robert Wineman Fire Dept.; Police Dept.; Community Dev.; Building Inspection Richazd DeFoe Fire Dept.; Police Dept.; Community Dev.; Building Inspection 10.02 125.00 125.00 125.00 125.00 125.00 125.00 125.00 250.00 � � � CfTY OF FRIDLEY Tvpe of License ', Stuart Anderson's Cattle Co. 5696 University Avenue N.E. Fridley, MN 55432 Texas Foods, Inc. 1301 Mississippi Street Fridley, MN 55432 University Sinclair 6071 University Avenue N.E. Fridley, NIN 55432 ENTERTAINMENT Fridley VFW Post 363 1040 Osborne Road Fridley, NIN 55432 Sharx Sports Bar & Night Club 3720 East River Road Fridley, MN 55421 FOOD ESTABLISHMENT Avanti Petroleum 6101 University Avenue N.E. Fridley, MN 55432 Domino's Pizza 7510 University Avenue N.E. Fridley, MN 55432 Fireside Rice Bowl, Inc. 1160 Fireside Drive Fridley, MN 55432 LICENSES APRIL 20, 1998 By_ �proved Bv: Janice L. Martin Fire Dept.; Police Dept.; Community Dev.; Building Inspection Raymond Jedneak Fire Dept.; Police Dept.; Community Dev.; Building Inspection Michael R. Johnson Fire Dept.; Police Dept.; Community Dev.; Building Inspection Ron Saba Fire Dept.; Police Dept.; Community Dev.; Building Inspection Richard DeFoe Fire Dept.; Police Dept.; Community Dev.; Building Inspection Joseph D. Johnson Fire Dept.; Police Dept.; Community Dev.; Building Inspection William B. Gleason Fire Dept.; Police Dept.; Community Dev.; Building Inspection Oliver Tam Fire Dept.; Police Dept.; Community Dev.; Building Inspection 10.03 � Fees: $ 125.00 125.00 125.00 85.00 85.00 45.00 45.00 45.00 � � QTY OF FRIDLEY LICENSES APRIL 20, 1998 Type of License By Freedom Value Center #5 David Erickson 7600 University Avenue N.E. Fridley, MN SS432 Fridley A&W 7429 East River Road Fridley, NIN 55432 Fridley Citgo 5695 Hackman Avenue N:E. Fridley, MN 55432 Fridley Dairy Queen 225 Osborne Road Fridley, MN 55432 Fridley VFW 363 1040 Osborne Road Fridley, MN 55432 Nancy L. Wiles Assaad Hazk Donald Fitch Ron Saba Apnroved B�: Fire Dept.; Police Dept.; Community Dev.; Building Inspection Fire Dept.; Police Dept.; Community Dev.; Building Inspection Fire Dept.; Police Dept.; Community Dev.; Building Inspection Fire Dept.; Police Dept.; Community Dev.; Building Inspection Fire Dept.; Police Dept.; Community Dev.; Building Inspection Fees: $ 45.00 45.00 C�XiI7 45.00 � 11' Hardee's of Fridley Martha P. Moose Fire Dept.; Police Dept.; 45.00 289 - 57`h Avenue N.E. Community Dev.; Fridley, MN 55432 Building Inspection Holiday Foods Steven Applebaum Fire Dept.; Police Dept.; 246 - 57`�' Avenue N.E. Community Dev.; Fridley, NIN 55432 Building Inspection Hong Kong Kitchen Karen Kwan Fire Dept.; Police Dept.; 6562 University Avenue N.E. r Community Dev..; Fridley, NfN 55432 Building Inspection �� Joe DiMaggio's Sports Bar & Grill George A. Vespa Fire Dept.; Police Dept.; 1298 East Moore Lake Road Community Dev.; Fridley, MN 55432 Building Inspection 10.04 �; 45.00 45.00 45.00 � � CffY OF FRIDLEY Tvpe o License Johnson Automotive 6290 Highway 65 Fridley, MN 55432 Main Event 7820 University Avenue N.E. Fridley, MN 55432 Maple Lanes 6310 Highway 65 N.E. Fridley, MN 55432 McDonald's 8100 University Avenue N.E. Fridley, MN 55432 McDonald's 8450 University Avenue N.E. Fridley, MN 55432 ' McDonald's 244 - 57�' Avenue N.E. Fridley, MN 55432 Mike's Gas & Grocery 6485 East River Road Fridley, MN 55432 Ngoc Tram Market 6566 University Avenue N.E. Fridley, MN 55432 Old Country Buffet 6540 University Avenue N.E. Fridley, MN 55432 LICENSES APRIL 20,1998 By Approved By: Sherwood Johnson Fire Dept.; Police Dept.; Community Dev.; Building Inspection Wendy Benincasa Fire Dept.; Police Dept.; Community Dev.; Building Inspection Valley Creek, Inc. Fire Dept.; Police Dept.; Community Dev.; Building Inspection Mark Wheeldon Fire Dept.; Police Dept.; Community Dev.; Building Inspection Mark Wheeldon Fire Dept.; Police Dept.; Community Dev.; Building Inspection Mark Wheeldon Fire Dept.; Police Dept.; Community Dev.; Building Inspection Lou Anne Milalek Fire Dept.; Police Dept.; Community Dev.; Building Inspection Tram Nguyen Fire Dept.; Police Dept.; Community Dev.; � Building Inspection Margurite C. Nesset Fire Dept.; Police Dept.; Community Dev.; Building Inspection 10.05 ' Fees: $ 45.00 C�iZ�7 45.00 45.00 . � �, 45.00 45.00 45.00 45.00 � L GTY OF FRIDLEY Type of License Perkins Family Rest. & Bakery 7520 University Avenue N:E. Fridley, MN 55432 Pizza Flame 317 Osborne Road Fridley, MN 55432 Seoul Oriental Foods 1095 East Moore Lake Road Fridley, MN 55432 Shar� Sports Bar & Night Club 3720 East River Road Fridley, MN 55432 Shorewood Restaurant 6161 Central Avenue N.E. Fridley, MN 55432 Stuart Anderson's Cattle Co. 5696 University Avenue N.E. Fridley, MN 55432 Subway at Moore Lake 1091 East Moore Lake Drive Fridley, MN 55432 Sunshine Place Restaurant 5201 Central Avenue N.E. Fridley, MN 55421 Super America #4175 5667 University Avenue N.E. Fridley, MN 55432 LICENSES APRIL 20, 1998 By Approved Bv: Fees: Betty Holley Fire Dept.; Police Dept.; .$ 45.00 Community Dev.; • Building Inspection Daniel J. Anderson Fire Dept.; Police Dept.; 45.00 Community Dev.; Building Inspection Sung-soo Choi Fire Dept.; Police Dept.; 45.00 Community Dev.; Building Inspection Richazd A. DeFoe Fire Dept.; Police Dept.; 45.00 Community Dev.; Building Inspection James Nicklow Fire Dept.; Police Dept.; 45.00 Community Dev.; Building Inspection Janice L. Martin Fire Dept.; Police Dept.; 45.00 Community Dev.; Building Inspection Kathleen J. Zuehlke Fire Dept.; Police Dept.; 45.00 Community Dev.; Building Inspection Tony M. Bakhtiari Community Dev.; 45.00 Fire Dept.; Police Dept. Building Inspection Tony S. Wilson Fire Dept.; Police Dept.; 45.00 Community Dev.; . __________ Building Inspection 10.06 �� CRY OF FRIDLEY �� Type o�License Super America #4199 7299 Highway 65 N.E. Fridley, MN 55432 Super America 7449 East River Road Fridley, MN 55432 Target Distribution Center 1090 - 73rd Avenue N.E. Fridley, MN 55432 Texas Foods 1301 Mississippi St N.E. Fridley, MN 55432 University Station 7610 University Avenue N.E. Fridley, MN 55432 Wong's Gourmet 1254 East Moore Lake Road Fridley, MN 55432 HOTEL/MOTEL Best Western Kelly Inn 5201 Central Avenue n.E. Fridley, MN 55421 Budget Host Inn 6881 Highway 65 N.E. Fridley, MN 55432 � LICENSES APRIL 20, 1998 � Tony S. Wilson Tony S. Wilson Jeff Haugen Raymond Jedneak Susan E. Willette Park L. Wong Approved By: Fire Dept.; Police Dept.; Community Dev.; Building Inspection Fire Dept.; Police Dept.; Community Dev.; Building Inspection � Fire Dept.; Police Dept.; Community Dev.; Building Inspection Fire Dept.; Police Dept.; Community Dev.; Building Inspection Fire Dept.; Police Dept.; Community Dev.; Building Inspection Fire Dept.; Police Dept.; Community Dev.; Building Inspection Kelly Fridley Fire Dept.; Police Dept.; Ventures Community Dev.; Building Inspection Warren G. Paulson Fire Dept.; Police Dept.; Community Dev.; Building Inspection 10.07 Fees: $ 45.00 45.00 45.00 45.00 45.00 45.00 625.00 240.00 � ` CRY OF FRIDLEY Tvne of License JUNK YARD Copart Salvage Auto Auctions 3737 East River Road Fridley, MN 55421 LICENSES APRIL 20, 1998 � Paul A. Styer Fridley Auto Parts Derek Halvptzok 7300 Old central Fridley, MN 55432 Sam's Auto Parts Barry Hoosline 1240 - 73-1/2 Avenue N.E. Fridley, MN 55432 MOTOR VEHICLE BODY REPAIR Abra Auto Body & Glass Richard Krostag 7710 University Avenue N.E. �, Fridley, MN 55432 I Buttweiler Auto�Body Tim Buttweiler 7869 Beech Street N.E. Fridley, MN 55432 Friendly Chevrolet, Inc. Roger J. Moody 7501 Highway 65 N.E. Fridley, MN 55432 Sam's Auto Body Samir Awaijane 7570 Highway 65 N.E. Fridley, MN 55432 OFF-SALE BEER Freedom Valu Center #58 7600 UniversiTy Avenue N.E. Fridley, MN 55432 David Erickson 10.08 Approved By: Fire Dept.; Police Dept.; Community Dev.; Building Inspection Fire Dept.; Police Dept.; Community Dev.; Building Inspection Fire Dept.; Police Dept.; Community Dev.; Building Inspection Fire Dept.; Police Dept.; Community Dev. Fire Dept.; Police Dept.; Community Dev. Fire Dept.; Police Dept.; Community Dev.; Fire Dept.; Police Dept.; Community Dev.; Police Dept. Fees: $ 350.00 350.00 Ci�• 1I1Z7 275.00 150.00 50.00 150.00 .1 11 CRY OF FRIDLEY Type of License Holiday Foods , 246 - 57`'' Avenue N.E. ' Fridley, MN 55432 Mike's Gas and Grocery 6485East River Road Fridley, MN 55432 Pizza Flame 317 Osborne Road Fridley, MN 55432 Super America LLC/SA #4199 7299 Highway 65 N.E. Fridley, MN 55432 Super America LLGSA #41 �5 5667 University Avenue N.E. Fridley, MN 55432 Super America LLC/SA #4207 7499 East River Road Fridley, MN 55432 Texas Foods, Inc. 1301 Mississippi Street N.E. Fridley, MN 55432 ON-SALE BEER Pizza Flame Restaurant 317 Osborne Road Fridley, MN 55432 LICENSES APRIL 20, 1998 � Steve Applebaum Approved By: Police Dept. Lou Anne Milalek Police Dept. Daniel J. Anderson Police Dept. Robert C. Hardman Police Dept. Robert C. Hardman Police Dept. Robert C. Hardman Police Dept. Raymond Jedneak Police Dept. Daniel J. Anderson Police Dept. 10.09 Fees: $ 60.00 :1 11 .1 11 .1 11 •1 11 .1 11 •1 11 325.00 ■ ' J � � QTY OF FRIDLEY Tvne of License University Station Restaurant 7610 University Avenue N.E. Fridley, MN 55432 LICENSES APRIL 20, 1998 By Approved By: Susan E. Willette Police Dept. ON-SALE CLUB INTOXICATING LIQUOR Fridley VFW Post 363 Ronnie J. Saba 1040 Osborne Road Fridley, MN 55432 Shaddrick & Labeau American Legion 7365 Central Avenue Fridley, MN 55432 Police Dept. Madeleine Saltness Police Dept. ON-SALE GAMBLING ENDORSEMENT Joe DiMaggio's Sports Bar & Grill George Vespa 1298 East Moore Lake Drive. N.E. Fridley, MN 55432 Main Event Wendy Benincasa 7820 University Avenue N.E. Fridley, MN 55432 Sandee's Restaurant Cynthia J. Braam 6490 Central Avenue N.E. Fridley, MN 55432 ON-SALE INTOXICATING LIQUOR Fireside Rice Bowl Oliver Tam 1160 Fireside Drive N.E. Fridley, MN 55432 10.10 ; Fire Dept. Police Dept. Fire Dept. Police Dept. Fire Dept. Fire Dept.; Police Dept.; Community Dev.; Building Inspection Fees: $ 325.00 850.00 700.00 300.00 300.00 11 ili7 7,200.00 � � UfY OF FRIDLEY Ty�e of'License PAWN SHOP Cash-n-Pawn 5807 University Avenue N.E. Fridley, MN 55432 Pawn America 1031 East Moore Lake Drive Fridley, MN 55432 PEDDLER/SOLICITOR C W Marketing 2010 East Hennepin Avenue Minneapolis, MN 55413 Fridley VFW 1040 Osborne Road Fridley, MN 55432 PRIVATE GASOLINE SALES Determan's Welding & Tank Service 1241 - 72°d Avenue N.E. Fridley, MN 55432 Unity Hospital 550 Osborne Road , Fridley, MN 55432 LICENSES APRIL 20, 1998 � Alan L. Cross Approved By: Police Dept. Bradley K. Rixman Police Dept. Thomas J. Sibley Stan Kowalski Police Dept.; Community Dev. Police Dept.; Community Dev.; David Kopydlowski Fire Dept; Police Dept; Community Dev.; Building Inspection David Gabrelcik 10.11 ' Fire Dept.; Police Dept.; Community Dev.; Building Inspection Fees: $15,000.00 10,200.00 .1 11, Exempt 30.00 30.00 i � L QTY OF FRIDLEY Tvpe o�'License REFUSE HAULER Aagard Sanitation, Inc. 3291 Terminal Road Eagan, MN 55121 Ace Solid Waste, Inc 3118 - 162"d Lane N.W. Andover, MN 55304 Aspen Waste Systems, Inc 2523 Wabasha Avenue St. Paul, MN 55114 BFI of North America 8661 Rendova Street Circle Pines, MN 55014 Keith Krupenny & Son Disposal 1214 Hall Avenue West Saint Paul, MN 55118 Larry's Quality Sanitation 17210 Driscoll Street N.W. Ramsey, MN 55303 Pretzel's Sanitation 15323 Ramsey Blvd. N.W. Coon Rapids, MN 55448 Randy's Sanitation, Inc. 4351 U.S. Highway 12 S.E. Delano, MN 55328 LICENSES APRIL 20, 1998 By Approved Bv: Andrew Schweizer Fire Dept.; Police Dept.; Community Dev.; Building Inspection Tim Schweizer Fire Dept.; Police Dept.; Community Dev.; Building Inspection- Robert E. Kircher Fire Dept.; Police Dept.; Community Dev.; Building Inspection Tom Choven Fire Dept.; Police Dept.; Community Dev.; Building Inspection Kay M. Krupenny Fire Dept.; Police Dept.; Community Dev.; Building Inspection Lawrence R. Saba Fire Dept.; Police Dept.; Community Dev.; Building Inspection Daniel Plessel Fire Dept.; Police Dept.; Community Dev.; Building Inspection Randall Roskowiak Fire Dept.; Police Dept.; Community Dev.; Building Inspection 10.12 � Fees: $ 60.00 rZl 1 1 180.00 iC'��II�7 .1 11 75.00 •1 11 •1 11 � � 4TY OF FRIDLEY Type of License Twin City Sanitation,Inc. 95 West Ivy Avenue Saint Paul, MN 55117 United Waste Systems of Minn. 95 West Ivy Avenue Saint Paul, MN 55117 Walter's Recycling and Refuse 2830 - 101s` Avenue N.E. Blaine, MN 55014 Waste Management-Blaine 10050 Naples Street N.E. Blaine, MN 55449 RETAIL GASOLINE SALES Avanti Petroleum 6101 University Avenue N.E. Fridley, MN 55432 Freedom Valu Center #58 7600 University Avenue N.E. Fridley, MN 55432 Fridley Amoco Certicare & Mr. Tire 7680 Highway 65 ' Fridley, MN 55432 �'� Fridley Citgo 5695 Hackmann Avenue N.E. Fridley, MN 55432 LICENSES APRIL 20, 1998 BY Annroved By: Jeffrey G. Glewwe Fire Dept.; Police Dept.; Community Dev.; Building Inspection Jeffrey G. Glewwe Fire Dept.; Police Dept.; Community Dev.; Building Inspection George Walter Fire Dept.; Police Dept.; Community Dev.; Building Inspection Leroy Christen Fire Dept.; Police Dept.; Community Dev.; Building Inspection Joseph D. Johnson Fire Dept.; Police Dept.; Community Dev.; Building Inspection David Erickson Fire Dept.; Police Dept.; Community Dev.; Building Inspection Bob Ring Fire Dept.; Police Dept.; Community Dev. Building Inspection Assaad Hark Fire Dept.; Police Dept.; Community Dev.; Building Inspection 10.13 Fees: $ 75.00 '1 11 75.00 195.00 •1 11 •1 11 «iZl] .1 11 / � GTY OF FRIDLEY Type o License Mike's Gas & Grocery 6485 East River Road Fridley, MN 55432 Oasis Market 7298 Highway 65 N.E. Fridley, MN 55432 Super America #4175 5667 University Avenue N.E. Fridley, MN 55432 �� Super America #4199 I 7299 Highway 65 N.E. ' Fridley, MN 55432 Super America 7449 East River Road Fridley,lVlN 55432 Texas Foods, Inc. 1301 Mississippi Street Fridley, MN 55432 University Sinclair 6071 University Avenue N.E. Fridley, MN 55432 TEMPORARY ON-SALE BEER Fridley VFW #363 1040 Osborne Road N.E. Fridley, MN 55432 LICENSES APRIL 20, 1998 By A�proved By: Lou Anne Milalek Fire Dept.; Police Dept.; Community Dev.; Building Inspection Arlyn L. Berg Fire Dept.; Police Dept.; Community Dev.; Building Inspection Tony S. Wilson Fire Dept.; Police Dept.; Community Dev.; Building Inspection Tony S. Wilson Fire Dept.; Police Dept.; Community Dev.; Building Inspection Tony S. Wilson Fire Dept.; Police Dept.; Community Dev.; Building Inspection Raymond L. Jedneak Fire Dept.; Police Dept.; Community Dev.; Building Inspection Michael R. Johnson Fire Dept.; Police Dept.; Community Dev.; Building Inspection Stan Kowalski Police Dept. 10.14 Fees: $ 60.00 .1 11 •1 11 .1 11 .1 11 .1 11 .1 11 Exempt � � CRY OF FRIDLEY LICENSES APRIL 20, 1998 Tv�e of License BY Apnroved By: Lions Club of Fridley T.D. Schmidt Police Dept. 6001 Fourth Street N.E. Fridley, MN 55432 TREE REMOVAL AND TREATMENT CONTRACTOR Allstate Tree Service Donald R. Ley Public Works 7510 Jackson Street N.E. Fridley, MN 55432 Crystal Tree Service Chuck A. Johnson Public Works 5301 Xenia Avenue Crystal, MN 55429 Drobnick Tree Service Robert J. Drobnick Public Works 311 - 93�d Avenue N.E. Blaine, MN 55434 Fran's Tree Service David A. Williams Public Works 8142 Read Oak Drive Mounds View, MN 55112 Northeast Tree & Timber George A. Welles Public Works 2527 Jackson Street N.E. Minneapolis, NIN 55418 One Two Tree, Inc. Jonathan A. Staib Public Works 18547 Lakeview Point Drive Wyoming, NIN 55092 Precision Landscape & Tree, Inc. Lawrence Greholski Public Works 942 East County Road D Ramsey, MN 55109 10.15 Fees: Exempt $ 40.00 40.00 40.00 L'i1�IZ1] 40.00 40.00 � 1 IZI; � � CRY OF FRIDLEY Tvne of License Rainbow Tree Co. 5105 West 35`� Street St. Louis Park, MN 55416 Reliable Tree Service, Inc. 6600 Brookview Drive Fridley, MN 55432 Shorewood Tree Service 9715 Fenner Avenue S.E. Delano, MN 55328 Statewide Tree & Landscape Route 1, Box 99a Pierz, MN 56364 Strong & Sons Tree Service 2670 - 200`h Avenue N.W. Cedar, MN 55011 USED MOTOR VEHICLE ' A E Auto Sales � 990 Osborne Road N.E. Fridley, MN 55432 Copart Salvage Auto Auctions 3737 East River Road Fridley, MN 55421 Friendly Chevrolet 7501 Highway 65 N.E. Fridley, MN 55432 BY LICENSES APRIL 20,1998 Approved By: Public Works Peter Vagovich Public Works Dale Schwerin Public Works Timothy A. Hayes Public Works Sean P. Strong Samir Awaijane Copart of Connecticut Roger J. Moody 10.16 Public Works Police Dept.; Community Dev.; Police Dept.; Community Dev.; Police Dept.; Community Dev.; Fees: $ 40.00 � 1 11 40.00 40.00 � 1 11 150.00 150.00 150.00 � L GTY OF FRIDLEY Type ofLicense Pomaville Motor Valet 5649 University Avenue N.E. Fridley, MN 55432 LICENSES APRIL 20, 1998 BYY John H. Pomaville 10.17 Ap,proved By: Police Dept. Community Dev.; Fees: $150.00 CRY OF FRIDLEY Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 ESTI MATES APRIL 20, 1998 Services Rendered as City Prosecuting Attorney for the Month of January, 1998 .....................:.................... $ 16,290.00 Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 Hackmann Avenue/Hackmann Circle Street Improvement Project No. ST 1998 - 1 Hackmann Avenue Watermain Repair Project No. 317 Estimate No. 1 ................................................................................ $ 51,295.25 11.01 City of Fridley TO: William W. Burns, City Manager�,�,� PW98-079 � FROM: John G. Flora, Public Works Director DATE: April 2, 1998 SUBJECT: Right-of-Way Ordinance Summary As a result of the Council's comments on the right-of-way ordinance at their March 16 meeting, the following is a summary of the major changes made to the right-of-way ordinance. A new paragraph was placed on page 12, Section 407.07 as a result of the meeting with the utilities, allowing the cities to waive fees for emergencies within the city. T'his addressed their concerns regarding the number of fees and suspense which would have to be satisfied in the event of a tornado, flood or other major event. As a means of clarifying the cost associated with an excavation, I have identified an excavation permit to consist of three major parts: the City cost, the excavation and the mapping, as noted on page 14, Section 407.09. In essence this identifies the excavation fee as being $300. Currently, we are charging $200 for a utility excavation. In the original draft I had identified a total figure of $520. As a result of the Council's concern, the definition of obstruction was expanded to apply to anything over 8 hours in the right-of-way as noted on page 5, Section 407.02, s and t. I also reduced the cost of an obshuction permit to just the review and recording for $75 from $240 as noted on page 31. The mapping fee is separately defined within the excavation requirement and a statement has been added to the ordinance indicating that a mapping fee is not required if the mapping data is provided on disk in GIS compatible city format. This is noted on page 14, Section 407.10, 3b and page 25, Section 407.21. The degradation cost was in error and has been corrected to reflect a$75 per lane foot as compared to previously noted $450 on page 31. The apparent contradiction and misunderstanding regarding the undergrounding utilities, I believe has been corrected on page 26, Section 407.22. It now makes it clear that undergrounding only applies to new construction that is directed by the City Council. 12.01 April 15, 1998 Page 2 The issue regarding franchises specifically establishes supremacy on page 2, Section 407.01 3a. In regard to exemption of a user fee, this is noted in Section 407.03 2, exempting the payment of user fees if a franchise fee is paid by a utility. Other fees could be exempt as part of the franchise fee in a negotiation process if the Council so desires. This type of action would then be covered by the supremacy clause as noted. " I have met with the utilities regarding these items on March 24. Copies of the revised document have been mailed to each of the utilities: NSP, Minnegasco, Paragon and US West. I believe that while I have not satisfied all of their requests, the document as currently written addressed their issues as well as those of the City. I believe Paragon still takes a position that they should be exempt from all fees and treated sepazately since they are the only utility paying a franchise fee to the City. During this same period I have been chairing a City Engineers Association of Minnesota/League task force on the fee structure. To date we have established the components of the various fees. All of the components identified aze optional items to be considered by cities and in most cases, exceed those iterr�s that I have included in our ordinance. The task force is now developing the estimated time factors for the various components of the fees. Again, it appears that the times will probably be considerably longer than those that I have included in my analysis. After the task force action is completed and the information is distributed by the League, we can address this when the PUC rules become published for a possible revision in 1999. I believe that at this time the components and rates established are reasonable for what the City is actually expending in support of the right-of-way permit and inspection process. As a result of the meetings with the utilities and the task force, I believe that the ordinance submitted to the Council is a better document than originally developed by the League and properly addresses the municipal as well as utility issues in overseeing the right-of-way and recoupment of costs associated with that. Recommend that the City Council adopt the attached ordinance. Recommend that the City Council approve the summary ordinance to be officially published in the Fridley Focus. JGF:cz Attachments 12.02 ORDINANCi3 NO. AN ORDINANCB R$P$ALING CHAPT$R 407 OF TH$ FRIDLSY CITY COD$ IN ITS $NTIRETY, AND ADOPTING A NEW CHAPTBR 407, $NTITLI3D "RIGHT-OF-WAY MANAG$MENTn AND AMENDING CHAPT$R 11 OF THE FRIDLBY CITY COD$, $NTITLED "G$NBRAL PROVISIONS AND F$ES�' THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: 407.01. FINDINGS AND PURPOSE 1. To provide for the health, safety and well-being of its citizens, and to ensure the structural integrity of its streets and the appropriate use of the rights-of-way, the City strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the rights-of-way, a primary cause for the early and excessive deterioration of its rights-of-way is frequent excavation. 2. Right-of-way obstruction is a source of frustration for merchants, business owners and the general population which must avoid these obstructions or change travel or shopping plans because of them and has a detrimental effect on commerce. Persons whose equipment is within the right-of-way are the primary cause of these frequent obstructions. The City holds the rights-of-way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the rights-of-way. It also recognizes that some persons, by placing their equipment in the right-of-way and charging the citizens of the City for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of public property. As a result c necessary for is placed in and to serve and the other placed in the f all these intrusions in the right-of-way, it is the City to establish a system of documenting what the rights-of-way within its municipal boundaries as a central record agency to inform its citizens public entities of the facilities that have been right-of-way that is held in trust for them. In response to the foregoing facts, the City hereby enacts this new Chapter of the City Code relating to right-of-way permits and administration, together with making necessary revisions to 12.03 � other Code provisions. This Chapter imposes reasonable regulations on providers of electricity, light, heat, cooling energy, liquid and gaseous fuels, information and communication service to the public that place and maintain facilities or equipment currently within the City's rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this Chapter, persons disturbing and obstructing the- rights-of-way will bear a fair share of the financial responsibility for their integrity. Finally, this Chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way and adopts the standards developed by the Public Utilities Commission (PUC) on maximum restoration requirements 7819.9900 through 7819.9950. 3. In addition to the foregoing recovery of costs and regulation of use, the City Council determines that there is an existing and legitimate state and local public policy, which authorizes the City to require payments as reimbursement or return to the public for the use value of the public rights-of-way from those who obtain revenue or profits from such use. This reimbursement is provided for and defined in this ordinance as the "user fee." This fee does not apply to the repair, replacement or reconstruction of an existing facility. Telecommunication facilities are exempt from a user fee by state statute. a. Public Interest and Welfare. The City Council finds that it is in the public interes provide for the payment of a user fee by all persons who use occupy the right-of-way for operating their businesses. provides equity by requiring all users of the right-of-way to compensation apportioned equally among them all for the value benefit of using such right-of-way. To ensure such treatment, this Chapter exempts franchise holders which franchise fees to the City on the date of adoption of Chapter from the payment of a user fee. b. Legislative Power. t to and This pay and fair pay this In these situations, the City Council desires to exercise its lawful police power and common law authority, and all statutory authority which is availabls to it, including but not limited to, the powers con€erred on it under Minn. Stat. §§ 216B.36, 222.37, 237.16 and 300.03, (410.09) and 412.211, subdivisions 6, 23 and 32. The Council finds and determines that the public interest will be best protected by adopting this Chapter conferring the right to occupy the right-of-way in return for payment as authorized by law. 12.04 2 c. Not a Rate. The City Council finds and determines that the user fee authorized by this Chapter is not and is not intended to be a rate as that term is defined in Minn. Stat. § 216B.02, Subd. 5. Such user fee is not a fee for a service that is provided to the customer of a person using the right-of-way, but is rather a fee paid for the right of that person to operate in the public right- of-way, and to maintain the equipment of a utility in the right- of-way in the City of Fridley. 407.02. DEFINITIONS The following definitions apply in this Chapter of this Code. Reference hereafter to "sections" are unless otherwise specified references to sections in this Chapter. Defined terms remain defined terms whether or not capitalized. a. "Applicant" means any Person requesting permission to excavate or obstruct a right-of-way. b. "City" means the City of Fridley, Minnesota. For purposes of section 407.27, City means its elected officials, officers, employees and agents. c. "Construction Performance Bond" means a performance bond, or other form of security posted to ensure the availability of sufficient funds to assure that Right-of-Way Excavation and Obstruction work is completed in accordance with the terms of the Right-of-Way Permit, or other applicable State law or local regulation. d. "Degradation" means a decrease in the useful life of the Right-of-Way caused by excavation in or disturbance of the Right-of-Way, resulting in the need to reconstruct such Right-of-Way earlier than would be required if the excavation did not occur. e. "Degradation Cost" means the cost to achieve a level of restoration as determined by the City at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in proposed PUC rules parts 7819.9900 to 7819.9950. f. "Degradation Fee" means the estimated fee established at the time of permitting by the City to recover costs associated with the decrease in the useful life of the Right-of-Way 12.05 3 caused by the excavation, and which equals the Degradation Costs. g. "Department" means the Department of Public Works of the City. . h. "Department inspector" means any Person authorized by the a�r Citv to carry out inspections related to the provisions of this Chapter. i. "Director" means the Director of the Department of Public Works of the City, or her or his designee. j. "Delay Penalty:' is the penalty imposed as a result of unreasonable delays in Right-of-Way construction. k. "Emergency" means a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement of Facilities in order to restore service to a customer. 1. "Equipment" means any tangible asset used to instaTl, repair, or maintain Facilities in any Right-of-Way. m. "Excavate" means to dig into or in any way- remove or physically disturb or penetrate any part of a Right-of-Way. n. "Excavation Permit" means the permit which, pursuant to this Chapter, must be obtained before a Person may excavate in a Right-of-Way. An Excavation Permit allows the holder to excavate that part of the Right-of-Way described in such permit. o. "Excavation Permit Fee" means money paid to the City by an Applicant to cover the costs as provided in Chapter 11 of this Code. p. "Facility or Facilities" means any tangible asset in the Right-of-Way required to provide Utility Service. q. "Local Representative" means a local person or persons, or designee of such Person or Persons, authorized by a Registrant to accept Service and to make decisions for that Registrant regarding all matters within the scope of this Chapter. r. "Management Costs" means the actual costs the City incurs in managing its Rights-of-Way, including such costs, if in�urred, as those associated with registering Applicants; 12.06 4 issuing, processing, and verifying Right-of-Way permit applications and inspecting job sites s. "Obstruct" means to place any tangible object in a Right-of- Way so as to hinder free and open passage over that or any part of the Right-of-Way for a period in excess of 8 consecutive hours. t. Obstruction Permit" means the permit which, pursuant to this Chapter, must be obtained before a Person may obstruct a Right-of-Way, allowing the holder to hinder free and open passage over the specified portion of that Right-of-Way for a period over 8 hours by placing Equipment described therein on the Right-of-Way for the duration specified therein. u. "Obstruction Permit Permittee to cover this Code. Fee means money paid to the City by a „ the costs as provided in Chapter 11 of v. ��Patch or Patching" means a method of pavement replacement that is temporary in nature. A Patch consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A Patch is considered full Restoration only when the pavement is included in the City's five year project plan. w. F� ��Pavement" means any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with asphalt, concrete, aggregate or gravel. "Permittee" means any Person to whom a permit to Excavate or Obstruct a Right-of-Way has been granted by the City under this Chapter. y. ��Person" means any natural or corporate Person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. z. Probation" means the status of a Person that has not complied with the conditions of this Chapter. aa. "Probationary Period" means Person has been notified in on Probation. one year from the date that a writing that they have been put 1G.O7 '. 5 bb. "Repair'� means the temporary construction work necessary to make the Right-of-Way useable for travel. cc. "Registrant'� means any Person who (1) has or seeks to- have its Equipment or Facilities located in any Right-of-Way, or (2) in any way occupies or uses, or seeks to occupy or use, the Right-of-Way or place i�s Facilities in the Right-of- way. dd. "Restore or Restoration" means the process by which a Right- of-Way is returned to the same condition and life expectancy that existed before excavation. ee. "Restoration Cost�� means the amount of money paid to the City by a Permittee to achieve the level of restoration according to plates 1 to 13 to PUC rules ff. "Right-of-Way" means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. A Right-of-Way does not include the airwaves above a Right-of-Way with regard to cellular or other nonwire telecommunications or broadcast service. gg. "Right-of-Way Permit" means the Obstruction Permit, or required by this Chapter. either the Excavation Permit or both, depending on the context, hh. "Service" or "Utility Service" includes but is not limited to (1) those services provided by a public utility as defined in Minn. Stat. § 216B.02, subds. 4 and 6; (2) telecommunications, pipeline, community antenna television, fire and alarm communications, electricity, light, heat, cooling energy, or power services; (3) the services provided by a corporation organized for the purposes set forth in Minn. Stat. § 300.03; (4) the services provided by a district heating or cooling system; and (5) cable communications systems as defined in Minn. Stat. Chapter 238; and a(6) Telecommunication Right-of-Way User as defined in (ii) . ii. "Supplementary Application'� means an application made to Excavate or Obstruct more of the Right-of-Way than ,'�� permitted or to extend a permit that had already been issued. 12.08 6 0 x jj. "Telecommunication Rights-of-Way User" means a Person owning or controlling a Facility in the Right-of-Way, or seeking to own or control a Facility in the Right-of-Way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Chapter, a cable communication system defined and regulated under Minn. Stat. Chapter 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stat. Section 216B.02 a municipalitg, a municipal gas or power agency organized under Minn.=Stat. Chaps..453 and 453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not Telecommunications Right-of-Way Users for purposes of this Chapter. kk. "Unusable Facilities" means Facilities in the Right-of-Way which have remained unused for one year and for which the Registrant is unable to provide proof that it has either a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the Facilities. 11. "User Fee" is the sum of money, payable to the City, by a person using or occupying the Right-of-Way; provided, however, that the City may at its option provide, at any time by ordinance or by amendment thereto, for a greater or different fee applicable to all such persons in an amount and by a method of determination as may be further provided in such ordinance or amendment thereto. 407.03. ADMINISTRATION 1. Responsibility. The �°--�� City Manag� is the principal City official responsible for the administration of the Rights-of-Way, Right-of-Way Permits, and the ordinances related thereto. The a�= City Manager may delegate any or all of the duties hereunder. 2. Franchise: Franchise Supremacy. The City may, in addition to the requirements of this Chapter, require any person which has or seeks to have equipment located in any Right- of-Way to obtain a franchise to the full extent permitted by law now or hereinafter enacted. The terms of any franchise which are in direct conflict with any provision of this Chapter whether granted prior or subsequent to enactment of this Chapter, shall control and supercede the conflicting_terms of this Chapter. Al1 other terms of 12.09 � this Chapter shall be fully applicable to all Persons whether franchised or not. 407.4. REGISTRATION AND RIGHT-OF-WAY OCCUPANCY - 1. Registration. Each person who occupies, uses, or seeks to occupy or use, the Right- of-Way or place any Equipment or Facilities in the Right-of-Way, including Persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the __��y citv. Registration will consist of providing application information and paying a registration fee. 2. Registration Prior to Work. No Person may construct, install, repair, remove, relocate, or perform any other work on, or use any Facilities or any part thereof in any Right-of-Way without first being registered with the �= 5�3..t�• 3. Exceptions. Nothing herein s�all be construed to repeal or amend the provisions of a City ordinance permitting Persons to plant or maintain boulevard plantings or gardens in the area of the Right-of-Way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the Right-of-Way, and shall not be required to obtain any permits for planting or maintaining such boulevard plantings or gardens under this Chapter. However, nothing herein relieves a Person from complying with the provisions of the Minn. Stat. Chapter. 216D, "One call" Law. SECTION 407.05. REGISTRATION INFORMATION 1, Information Required. The information p rovided to the �= Citv at the time of registration shall include, but not be limited to: a. Each Registrant's name, Gopher One-Call registration certificate number, address and E-mail address if applicable, and telephone and facsimile numbers. b. The name, address arid E-mail address, if applicable, and telephone and facsimile numbers of a Local Representative. The Local Representative or designee shall be available at all times. Current information regarding how to contact the Loeal Representative in an Emergency shall be provided at the time of registration. 12.10 a c. A certificate of insurance or self-insurance: 1. Verify that an insurance policy has been issued to the Registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self insurance acceptable to the �-�� Citv; 2. Verifying that the Registrant is insured against claims for Personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the Right-of-Way by the Registrant, its officers, agents, employees and Permittees, and (ii) placement and use of Facilities in the Right-of-Way by the Registrant, its officers, agents, employees and Permittees, including, but not �imited to, protection against liability arising from completed operations, damage of underground Facilities and collapse of property; 3. Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; 4. Requiring that the �= Citv be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; � 5. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the �^�� Citv in amounts sufficient to protect the City and the public and to carry out the purposes and policies of this Chapter. d. The City may require a copy of the actual insurance policies. e. If the Person is a corporation, a copy of the certificate required to be filed under Minn. Stat. § 300.06 as recorded and certified to by the Secretary of State. f. A copy of the Person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the Person is lawfully required to have such certificate from said Commission or other state or federal agency. 2. Notice of Changes. 12.11 9 The Registrant shall keep all of the information listed above current at all times by providing to the �-� Citv information as to changes within fifteen (15) days following the date on which the Registrant has knowledge of any change. 3. Grant of Right; Payment of User Fee. Any person required to register under Section 407.04, which furnishes utility services or which occupies, uses, or places its equipment in the right-of-way, is hereby granted a right to do so if and only so long as it (1) timely pays the user fee as provided herein, and (2) complies with all other requirements of law. This legal entitlement shall not include use of the right-of-way for purposes not in furtherance of furnishing utility services for which additional authorization is required by this Code or other state or federal law, unless the person pays the user fee for such non-utility service use. Such fee shall be paid to the City in substantially equal (quarterly, semi-annual, annual) installments, subject to adjustment and correction at the conclusion of the calendar year. Such fee shall be paid for all and any part of a calendar year, prorated on a daily basis, during any time period in which the said person uses or occupies the right-of-way to furnish utility serviced, or places, maintains or uses its wires, mains, pipes, or any other facilities or equipment in the right-of-way. This section does not apply to a person which uses and occupies the right-of-way for operating its business when there is a pre-existing franchise agreement between that person and the city and the payment of a franchise fees, nor does it apply to the repair, replacement or reconstruction of an existing facility. _ The grant of such right is expressly conditioned on, and is subject to, continuing compliance with all provisions of law, including this Chapter. 407.06. REPORTING OBLIGATIONS 1. Operations. Each Registrant proposing to work in the city shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground Facilities with the �_ citx. Such plan shall be submitted using a format designated by the �� Citv and shall contain the information determined by the �= Citv to be necessary to facilitate the coordination and reduction in the frequency of Excavations and Obstructions of Rights- of-Way. 12.12 io The plan shall include, but not be limited to, the following information: a. The locations and the estimated beginning and ending dates of all Projects to be commenced during the next calendar year (in this section, a"Next-year Project"); and b. To the extent known, the tentative locations and estimated beginning and ending dates for all Projects contemplated for the five years following the next calendar year (in this section, a "Five-year Project"). The term "project" in this section shall include both Next-year Projects and Five-year Projects. By January 1 of each year the �^�r Citv will have available for inspection i�r �o s�$3�'c��A�'� ^^F�'� ^^ a composite list of all Projects of which the �� Citv has been informed in the annual plans. All Registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each Registrant may change any Project in its list of Next-year Projects, and must notify the �� Citv and all other Registrants of all such changes in said list. Notwithstanding the foregoing, a Registrant may at any time join in a Next-year Project of another Registrant listed by the other Registrant. 2. Additional Next-year Projects. Notwithstanding the foregoing, the �� Citv will not deny an application for a Right-of-Way Permit for failure to include a project in a plan submitted to the City if the Registrant has used commercially reasonable efforts to anticipate and plan for the project. 3. Applicants obtaining Anoka County Highway or Minnesota Department of Transportation excavation permits for facilities in their rights-of-way must eb�}�r a provide a cogy to the City e��a# r�--^-� and submit a copy of the plans with mapping data for recording purposes per Section 407.21. SECTION 407.07. PERMIT REQUIREMENT 1. Permit Required. 12.13 �� - Except as otherwise provided in this Code, no;Person may Obstruct or Excavate any Right-of-Way without first having obtained the appropriate Right-of-Way Permit from the �� Citv to do so. a. Excavation Permit. An Excavation Permit is required by a Registrant to excavate that part of the Right-of-Way described in such permit and to hinder free and open passage over the specified portion of the Right-of-Way by placing Facilities described therein, to the extent and for the duration specified therein. . A construction/improvement/upgrade project requiring excavation within the right-of-way requires an excavation permit. Multiple excavations limited to one city block are considered one project and require an excavation permit. Each permit application will require the mapping data per Section 407.21. b. Obstruction Permit. An Obstruction Permit is required by a Registrant to hinder free and open passage over �e � specified portion of Right-of-Way for periods in excess of 8 consecutive hours by placing Equipment described therein on,the Right-of-Way, to the extent and for the duration specified therein. An Obstruction Permit is not required if a Person already possesses a valid Excavation Permit for the same project. Failure to obtain an obstruction permit prior to the obstruction will require an after-the-fact obstruction permit €ee plus payment of a delay penalty. c. Permit Waiver In the event of a major catastrophe or emergency declared by the City requiring the restoration of services that are within the right-of-way, the requirement for permits and permit fees may be waived by the City at its discretion. After restoration of the service has been completed, an updated mapping plan per Section 407.21 must be submitted to the City within 60 days. 12.14 ia 2. Permit Extensions. No Person may Excavate or Obstruct the Right-of-Way beyond the date or dates specified in the permit unless such Person (i) makes a Supplementary Application for another Right-of-Way Permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. 3. Delay Penalty. Notwithstanding subd. 2 of this section, the City shall establish and impose a Delay Penalty for unreasonable delays not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable in Right-of-Way Excavation, Obstruction, Patching, or Restoration. The Delay Penalty shall be established from time to time by City Council resolution. 4. Permit Display. Permits issued under this Chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the �= Citv. SECTION 407.08. PERMIT APPLICATIONS Application for a permit is made to the a�� CitX. Right-of-Way Permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions. � a. Registration with the �= Citv pursuant to this Chapter; b. Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed Facilities. c. Payment of money due the City for 1. permit fees, estimated Restoration Costs and other Management Costs; 2. prior Obstructions or Excavations; 3. any undisputed loss, damage, or expense suffered by the City because of Applicant's prior excavations or 12.15 " 13 0 Obstructions .of the rights-of-way .or any -Emergency actions taken by the City; 4. franchise or user fees, if applicable. d. Payment of disputed.amounts__ciue the City by posting security or depositing in an escrow account an amount equal to at least 110� of the amount owing. e. When an Excavation Permit is requested for purposes o£ installing additional Facilities, and the posting :of a Construction Performance Bond for the additional Facilities is insufficient, the posting of an additional or larger Construction Performance Bond for the additional Facilities may be required. SECTION 407.09. ISSUANCE OF PERMIT; CONDITIONS 1. Permit Issuance. If the Applicant has satisfied the requirements of this Chapter, the �� Citv shall issue a permit. 2. Conditions. The �^�= Citv may impose reasonable conditions upon the issuance of the permit and the performance of the Applicant thereunder to protect the health, safety and welfare or when necessary to protect the Right-of-Way and its current use. SECTION 407.10. PERMIT FEES 1. Excavation Permit Fee. The Excavation Permit Fee shall be established by the �^�= Citv in an amount sufficient to recover the following costs: a. the City Management Costs; b. Mapping Costs; c. Degradation Costs, if applicable. 2. Obstruction Permit Fee. The Obstruction Permit Fee shall be established by the �� Citv and shall be in an amount sufficient to recover the City Management Costs associated with recording and inspecting the right-of-way obstruction. 12.16 , 14 3. Payment of Permit F�es.. a. No Excavation Permit or Obstruction Permit shall be issued without payment of Excavation or Obstruction Permit Fees. The City may allow Applicant to pay such fees within thirty (30) days of billing. b. The mapping portion of the excavation fee$ a�e .�.� waived if the mapping data provided to the City of Fridley is in GIS compatible and City format. 4. Non refundable. Permit fees that were paid for a permit that the �= Citv has revoked for a breach as stated in Section 407.20 are not refundable. 5. Waiver of Fees. Payment of fees, as identified in this Chapter, with the exception of restoration costs, for water and/or sanitary sewer connections to property in the city are waived. However Registration and the Right- of-way Permit application must be submitted and approved by the city prior to commencement of any work. SECTION 407.11. RIGHT-OF-WAY PATCHING AND RESTOR.ATION 1. Timing. The work to be done under the Excavation Permit, and the Patching or Restoration of the Right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the Permittee or when work was prohibited as unseasonal or unreasonable under Section 407.14. 2. Patch and Restoration. Permittee shall Patch its own work. The City may choose either to have the Permittee restore the Right-of-Way or to Restore the pavement itself . a. City Restoration. If the City restores the pavement, Permittee shall pay the costs thereof within thirty (30) days of billing. If, during the twenty-four (24) months following such Restoration, the pavement settles due to Permittee's improper backfilling, the Permittee shall pay to the City, within thirty (30) days of billing, all costs associated with having to correct the defective work. 12.17 � 15 b. Permittee Restoration. If the Permittee Restores the Right-of-Way itself, the �� Citv may require at the time of application for an Excavation Permit the posting of a Construction Performance Bond in an amount determined by the �� citv to be sufficient to cover the cost of Restoration. If, within twenty-four (24) months after completion of the Restoration of the Right-of-Way, the �= Citv determines that the Right-of-Way has been properly Restored, the surety on the Construction Performance Bond:shall be released. 3. Standards. The Permittee shall perform Patching and/or Restoration according to the standards and with the materials specified by the �^��- Citv. The �� Citv shall have the authority to prescribe the manner and extent of the Restoration, and may do so in written procedures of general application or on a case-by-case basis. The ��^�� Citv in exercising this authority shall comply with PUC standards for Right- of-Way Restoration and shall further be guided by the following considerations: a. The number, size, depth and duration of the excavations, disruptions or damage to the Right-of-Way; b. The traffic volume carried by the Right-of-Way; the character of the neighborhood surrounding the Right-of-Way; c. The pre-excavation condition of the Right-of-Way; the remaining life-expectancy of the Right-of-Way affected by the excavation; d. Whether the relative cost of the method of restoration to the Permittee is in reasonable balance with the prevention of an accelerated depreciation of the right-of-way that would otherwise result from the excavation, disturbance or damage to the Right-of-Way; and e. The likelihood that the particular method of restoration would be effective in slowing the depreciation of the Right- of-Way that would otherwise take place. 4. Guarantees. By choosing to Restore the Right-of-Way itself, the Permittee guarantees its work and shall maintain it for twenty-four (24) months following its completion. During this 24-month period it shall, upon 12.18 16 notification from the �^�r Citv, correct all restoration work to the extent necessary, using the method required by the �� Citv. Said work shall be completed within five (5) calendar days of the receipt of the notice from the �� citx, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under Section 407.14. 5. Obligation. Construction triggers an obligation of the right-of-way user that the right-of-way restoration be completed according to the conditions set forth in this Chapter. The right-of-way user also assumes responsibility for "as built" drawings and for repairing facilities or structures, including right-of-way that was damaged during facility installation. The obligation is limited to one year for plantings and turf establishment. 6. Failure to Restore. If the Permittee fails to Restore the Right-of-Way in the manner and to the condition required by the �� Citv, or fails to satisfactorily and timely complete all Restoration required by the �� Citv, the �� Citv at its option may do such work. In that event the Permittee shall pay to the City, within thirty (30) days of billing, the cost of Restoring the Right-of-Way. If Permittee fails to pay as required, the City may exercise its rights under the Construction Performance Bond. 7. Degradation Cost in Lieu of Restoration. In lieu of Right-of-Way Restoration, a Right-of-Way user may elect to pay a Degradation Fee with the approval of the �� Citv. However, the Right-of-Way User shall remain responsible for Patching and �he Degradation Fee shall not include the cost to accomplish these responsibilities. SECTION 407.12. JOINT APPLICATIONS 1. Joint Application. Registrants may jointly apply for permits to Excavate or Obstruct the Right-of-Way at the same place and,time. 2. With City Projects. Registrants who join in a scheduled Obstruction or Excavation performed by the ��^�� Citv, whether or not it is a joint application by two or more Registrants or a single application, are 12.19 . �� - not required to pay the Obstruction and Degradation portions of the permit fee. An excavation permit application however must be completed. a� . In these circumstances. the excavation fee will be °a••^�a '^��- �^�' waived. y _ � � _ • • . {{ _ • - � • • - • • - - • .� ' 1 3. Shared Fees. Registrants who apply for permits for the same Obstruction or Excavation, which the �^�= Citv does not perform, may share in the payment of the Obstruction or Excavation Permit Fee. Registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. SECTION 407.13. SUPPLEMENTARY APPLICATIONS 1. Limitation on Area. A Right-of-Way Permit is valid only for the area of the Right-of-Way specified in the permit. No Permittee may obstruct or do any work outside the area specified in the permit, except as provided herein. Any Permittee which determines that an area greater than that specified in the permit must be Obstructed or Excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. 2. Limitation on Dates. A Right-of-Way Permit is valid only for the dates specified in the permit. No Permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a Permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This Supplementary. Application must be done before the initial permit end date. SECTION 407.14. OTHER OBLIGATIONS 1. Compliance With Other Laws. Obtaining a Right-of-Way Permit does not relieve Permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the City or other applicable rule, law or regulation. A Permittee shall comply with all requirements of local, 12.20 �8 state and federal laws, including Minn. Stat. §§ 216D.01-.09 ("One Call Excavation Notice System"). A Permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the Right-of-Way pursuant to its permit, regardless of who does the work. 2. Prohibited Work. Except in an Emergency, and with the approval of the ��. �� , no Right-of-Way Obstruction or Excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. 3. Interference with Right-of-Way. A Permittee shall not so Obstruct a Right-of-Way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the Right-of-Way may not be parked within or next.to a permit area, unless parked in conformance with City parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. SECTION 407.15. DENIAL OF PERMIT The ��^�� Citv may deny a permit for failure to meet the requirements and conditions of this Chapter or if the �^�� Citv determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the Right-of-Way and its current use. 1. Mandatory Denial. Except in an emergency, no right-of-way permit will be granted. a. To any person required by Section 407.04 to be registered who has not done so; b. To any person required by Section 407.06 to file an annual report but has failed to do so; c. To any person who has failed within the past two (2) years to comply, or is presently not in full compliance, with the requirements of this Chapter. d. To any person as to whom there exists grounds for the revocation of a permit under Section 407.20 or e. If, in the discretion of the �^�� itv, the issuance of a permit for the particular date and/or time would cause a ; ------- -- i � 12.21 � � 19 conflict or interfere with an exhibition, celebration, festival, or any other event. The �^�� X, in exercising this discretion, shall be guided by the safety and convenience of ordinary travel of the public over the right- of-way, and by considerations relating to the public health, safety and welfare. 2. Permissive Denial. The ��r Citv may deny a permit to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the _right-of-way and its users. The �_ Citv� '^ '''" °'" "��^ may consider one or more of the following factors: a. the extent to which right-of-way space where the permit is sought is available; b. the competing demands for the particular space in the right- of -way; c. the availability of other locations in the right-of-way or in other rights-of-way for the equipment of the permit applicant; d. the applicability of ordinance or other regulations of the right-of-way that affect location of equipment in the right- of -way; e. the degree of compliance of the applicant with the terms and conditions of its franchise, this Chapter, and other applicable ordinances and regulations; f. the degree of disruption to surrounding neighborhoods and businesses that will result from the use of that part of the right-of-way; g. the condition and age of the right-of-way, and whether and when it is scheduled for total or partial reconstruction; and h. the balancing of the costs of disruption to the public and damage to the right-of-way, against the benefits to that part of the public served by the expansion into additional parts of the right-of-way. 12.22 . ao 3. Discretionary Issuance. Notwithstanding the provisions of this Section subd. 1, the �� Citv may issue a permit in any case where the permit is necessary (a) to prevent substantial economic hardship to a customer of the permit applicant, or (b) to allow such customer to materially improve its utility service, or (c) to allow a new economic development project, or otherwise required by law; and where the permit applicant did not have knowledge of the hardship, the plans for improvement of service, or the development project when said applicant was required to submit its list of Next-year Projects. , 4. Permits for Additional Next-year Projects. Notwithstanding the provisions of this Section subd. 1 above, the ��= Citv may issue a permit to a registrant who was allowed under Section 407.07 Subd. 2, to submit an additional Next-year Project, such permit to be subject to all conditions and requirements of Iaw, including such conditions as may be imposed under Section 407.09. SECTION 407.16. INSTALLATION REQUIREMENTS The excavation, backfilling, patching, repair, and restoration, and all other work performed in the Right-of-Way shall be done in conformance with Engineering Standards adopted by the PUC or other applicable local requirements, in so far as they are not inconsistent with PUC Rules. SECTION 407.17. INSPECTION 1. Notice of Completion. Unless waived by the city, a person designated by the right-of-way user as a responsible employee shall sign a completion certificate showing the completion date for the work performed, identifying the installer and designer of record, and certifying that work was completed according to the requirements of the city. If necessary due to approved changes for the work as projected when the permit was applied for, the permittee shall submit "as built" drawings or maps within six months of completing the work, showing any deviations from the plan that are greater than plus or minus two feet. The city shall respond within 30 days of receipt of the completion certificate. Failure to approve or disapprove the permittee's performance within 30 days is deemed to be approval by the city. 12.23 21 2. Site Inspection. Permittee shall make the work-site available to the ��- Citv and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. 3. Authority of �� Citv• _ a. At the time of inspection the ��= Citv may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. b. The a�� Citv may issue an order to the Permittee for any work which does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the Permittee shall present proof to the �= Citv that the violation has been corrected. If such proof has not been presented within the required time, the �� Citv may revoke the permit pursuant to Section 407.20. SECTION 407.18. WORK DONE WITHOUT A PERMIT 1. Emergency Situations. Each Registrant shall immediately notify the �^�� Citv of any event regarding its Facilities which it considers to be an Emergency. The Registrant may proceed to take whatever actions are necessary to respond to the Emergency. Within two business days after the occurrence of the Emergency the Registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Chapter for the actions it took in response to the Emergency. If the �� Citv becomes aware of an Emergency regarding a Registrant's Facilities, the ��= Citv will attempt to contact the Local Representative of each Registrant affected, or potentially affected by the Emergency. In any event, the �� Citv may take whatever action it deems necessary to respond to the Emergency, the cost of which shall be borne by the Registrant whose Facilities occasioned the Emergency. 2. Non-Emergency Situations. Except in an Emergency, any Person who, without first having obtained the necessary permit, Obstructs or Excavates a Right-of-Way must 12.24 aa subsequently obtain a permit, and as a penalty pay double the normal fee for said permit, pay double all the other fees required by the Legislative Code, deposit with the ��r Citv the fees necessary to correct any damage to the Right-of-Way and comply with all of the requirements of this Chapter. SECTION 407.19. SUPPLEMENTARY NOTIFICATION If the Obstruction or Excavation of the Right-of-Way begins later or ends sooner than the date given on the permit, Permittee shall notify the �� Citv of the accurate information -as soon as -this information is known. SECTION 407.20. REVOCATION OF PERMITS 1. Substantial Breach. The City reserves its right, as provided herein, to revoke any Right- of-Way Permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by Permittee shall include, but shall not be limited to, the following: a. The violation of any material provision of the Right-of-Way Permit; b. An evasion or attempt to evade any material provision of the Right-of-Way Permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens;. c. Any material misrepresentation of fact in the application for a Right-of-Way Permit; d. The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the Permittee's control; or e. The failure to correct, in a timely manner, work that does not conform to a condition indicated on an Order issued pursuant to Section 407.16. 2. Written Notice of Breach. If the �� Citv determines that the Permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the �� Citv 12.25 23 shall make a written demand upon 1 violation. The demand shall state th cause for revocation of the permit. � above, will allow the �� Citv; place additional or revised conditions remedy the breach. 3. Response to Notice of Breach. he Permittee to remedy such .t continued vii�lations' may be substantial breach, as stated ��—�i-s—Q� � a ; � �,- ; ., � t o on the permit to mitigate and Within twenty-four (24) hours of receiving notification of the breach, Permittee shall provide the �� Citv with a plan, acceptable to the �� S3.�X, that will cure the breach. Permittee's failure to so contact the �� Citv, or the Permittee's failure to submit an acceptable plan, or Permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Further, Permittee's failure to so contact the �� Citv, or the Permittee's failure to submit an acceptable plan, or Permittee's failure to reasonably implement the approved plan, shall automatically place the Permittee on Probation for one (1) full year. 4. Cause for Probation. From time to time, the ��r Citv may establish a list of conditions of the permit, which if breached will automatically place the Permittee on Probation for one full year, such as, but not limited to, working out of the allotted time period or working on Right-of-Way grossly outside of the permit authorization. 5. Automatic Revocation. If a Permittee, while on Probation, commits a breach as outlined above, Permittee's permit will automatically be revoked and Permittee will not be allowed further permits for one full year, except for Emergency repairs. 6. Reimbursement of City Costs. If a permit is revoked, the Permittee shall also reimburse the City for the City's reasonable costs, including Restoration Costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. SECTION 407.21. MAPPING DATA 1. Information Required. Each Registrant shall provide Mapping information required by the �� Citv to include the following information: 12.26 24 a. location and approximate depth of applicant's mains, cables, conduits, switches, and related equipment and facilities, with the location based on: 1. offsets from property lines, distances from the centerline of the public right—of-way, and curb lines as determined by the city; or 2. coordinates derived from the coordinate system being used by the city; or 3. any other system agreed upon by the right-of-way user and city; b. the type and size of the utility; c. a description showing above-ground appurtenances; d. a legend explaining symbols, characters, abbreviations, scale, and other data shown on the map; and e. Mapping data shall be provided with the specificity requested by the �� Citv for inclusion in the mapping system used by the city. f. For mapping data provided to the City of Fridley in GIS compatible and City format, the mapping portion of the excavation �^'��'--�•�� fee is waived. 2. Submittal Requirement. a. Within six (6) months after the acquisition, installation, or construction of additional equipment or any relocation, abandonment, or disuse of existing equipment, each registrant shall submit the Mapping Data required herein. b. Within two (2) years after the date of passage of this Chapter, all �xisting right-of-way users shall submit detailed plans as may be reasonable and practical for all facilities and equipment installed, used or abandoned within the public right-of-way. c. Notwithstanding the foregoing, Mapping Data shall �be submitted by all Registrants for all equipment which is to be installed or constructed after the date of passage of this Chapter at the time any permits are sought under these ordinances. 12.27 , 25 � 3. d. Six (6) months after the passage of this Chapter, a new Registrant, or a Registrant which has not submitted a plan'as required above, shall submit complete and accurate Mapping Data for all its equipment at the time any permits are sought under these ordinances. Telecommunication Equipment. Information on existing facilities and equipment of telecommunications right-of-way users need only be supplied in the form maintained by the telecommunications right-of-way user. - - - 4. Trade Secret Information. At the request of any Registrant, any information requested by the �^�� Citv, which qualifies as a"trade-secret" under.Minn. Stat. § 13.37(b) shall be treated as trade secret information as �detailed therein. SECTION 407.22. LOCATION OF FACILITIES 1. Undergrounding. New construction and the underground or contained conformity with applicabl 2. Corridors. installation of new facilities shall be done within buildings or other structures in e codes when directed by the City Council. The �� Citv may assign specific corridors within the Right-of- Way, or any particular segment thereof as may be necessary, for each type of FacilitX }es that is or, pursuant to current technology, the �� Citv expects will someday be located within the Right-of-Way. All excavation, obstruction, or other permits issued by the �_ CitX involving the installation or replacement of Facilities shall designate the proper corridor for the Facilities at issue. Any Registrant who has Facilities in the Right-of-Way in a position at variance with the corridors established by the �^�� Citv shall, no later than at the time of the next reconstruction or excavation of the area where the Facilities are located, move the Facilities to the assigned position within the Excavation of the Right-of-Way, unless this requirement is waived by the �� Citv for good cause shown, upon consideration of such factors as the remaining economic life of the Facilities, public safety, customer Service needs and hardship to the Registrant. 12.28 �; 26 3. Limitation of Space. To protect public health, safety, and welfare or when necessary to protect the Right-of-Way and its current use, the �� itv shall have the power to prohibit or limit the placement of new or additional Facilities within the Right-of-Way. In making such decisions, the �= citx shall strive to the extent possible to accommodate all existing and potential users of the Right-of-Way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular Utility Service, the condition of the Right-of-Way, the time of year with respect to essential utilities, the protection of existing Facilities in the Right-of-Way, and future City plans for public improvements and development projects which have been determined to be in the public interest. SECTION 407.23. RELOCATION OF FACILITIES A Registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its Facilities in the Right-of-Way whenever the �= Citv for good cause requests such removal and relocation, and shall restore the Right-of-Way to the same condition it was in prior to said removal or relocation. The �= Citv may make such request to prevent interference by the Company's Equipment or Facilities with (i) a present or future City use of the Right-of-Way, (ii) a public improvement undertaken by the City, (iii) an economic development project in which the City has an interest or investment, (iv) when the public health, safety and welfare require it, or (v) when necessary to prevent interference with the safety and convenience of ordinary travel over the Right-of-Way. Notwithstanding the foregoing, a Person shall not be required to remove or relocate its Facilities from any Right-of-Way which has been vacated in favor of a non-governmental entity unless and until the reasonable costs thereof are first paid to the Person therefor. SECTION 407.24. PRE-EXCAVATION FACILITY AND FACILITIES LOCATION In addition to complying with the requirements of Minn. Stat. §§ 216D.01-.09 ("One Call Excavation Notice System") before the start date of any Right-of-Way excavation, each Registrant who has Facilities or Equipment in the area to be excavated shall mark the horizontal and approximate vertical placement of all said Facilities. Any Registrant whose Facilities is less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its Facilities and the best procedure for excavation. 12.29 27 � � F SECTION 407.25. DAMAGE TO OTHER FACILITIES When the �^^�� Citv does work in the Right-of-Way and finds it necessary to maintain, support, or move a Registrant's Facilities to protect it, the �� Citv shall notify the Local Representative as early as is reasonably possible. The costs associated therewith will be billed to that Registrant and must be paid within thirty (30) days from the date of billing. Each Registrant shall be responsible for the cost of repairing..-any Facilities in the Right-of-Way which it or its Facilities damages. Each Registrant shall be responsible for the cost�of repairing any damage to the Facilities of another Registrant caused during the City's response to an Emergency occasioned by that Registrant's Facilities. SECTION 407.26. RIGHT-OF-WAY VACATION 1. Reservation of Right. If the City vacates a Right-of-Way which contains the Facilities of a Registrant, and if the vacation does not require the relocation of Registrant's or Permittee's Facilities, the City shall reserve, to and for itself and all Registrants having Facilities in the vacated Right- of-Way, the right to install, maintain and operate any Facilities in the vacated Right-of-Way and to enter upon such Right-of-Way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same. 2. Relocation of Facilities. If the vacation requires the relocation of Registrant's or Permittee's Facilities; and (i) if the vacation proceedings are initiated by the Registrant or Permittee, the Registrant or Permittee must pay the relocation costs; or (ii) if the vacation proceedings are initiated by the City, the Registrant or Permittee must pay the relocation costs unless otherwise agreed to by the City and the Registrant or Permittee; or (iii) if the vacation proceedings are initiated by a Person or Persons other than the Registrant or Permittee, such other Person or Persons must pay the relocation costs. SECTION 407.27. INDEMNIFICATION AND LIABILITY By registering with the �� Citv, or by accepting a permit under this Chapter, a Registrant or Permittee agrees as follows: l. Limitation of Liability. By reason of the acceptance of a registration or the grant of a Right- of-Way Permit, the City does not assume any.liability (i) for injuries 12.30 28 to Persons, damage to property, or loss of Service claims by parties other than the Registrant or the City, or (ii) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of Facilities by Registrants or activities of Registrants. 2. Indemnification. A Registrant or Permittee shall indemnify, keep, and hold the City free and harmless from any and all liability on account of injury to Persons or damage to property occasioned by the issuance of permits or by the construction, maintenance, repair, inspection or operation of Registrant's or Permittee�s Facilities located in the Right-of-Way. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the local government unit's negligence as to the issuance of permits or inspections to ensure permit compliance. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts that the Registrant or Permittee reasonably believes will cause injury or damage, and the performance is nevertheless ordered or directed by the City after receiving notice of the Registrant's or Permittee's determination. 3. Defense. If a suit is brought against the City under circumstances where the Registrant or Permittee is required to indemnify, the Registrant or Permittee, at its sole cost and expense, shall defend the City in the suite if written notice of the suite is promptly given to the Registrant or Permittee within a period in which the Registrant or Permittee is not prejudiced by the lack or delay of notice. If the Registrant or Permittee is required to indemnify and defend; it shall thereafter have control of the litigation, but the Registrant or Permittee may not settle the litigation without the consent of the City. Consent will not be unreasonably withheld. This part is not, as to third parties, a waiver of any defense, immunity, or damage limitation otherwise available to the City. In defending an action on behalf of the City the Registrant or Permittee is entitled to assert in an action every defense, immunity, or clamage limitation that the City could assert in its own behalf. 12.31 29 SECTION 407.28. ABANDONED AND UNUSABLE FACILITIES 1. Discontinued Operations. A Registrant who has determined to discontinue its operations in the City must either: a. Provide information satisfactory to the �= Citv that the Registrant's obligations for its Facilities in the Right- of-Way under this Chapter have been lawfully assumed by another Registrant; or b. Submit to the �^�r Citv a proposal and instruments for transferring ownership of its Facilities to the City. If a Registrant proceeds under this clause, the City may, at its option: 1. 2 purchase the Facilities; or require the Registrant, at its own expense, to remove lt; Or 3. require the sufficient anticipated Facilities. 2. Abandoned Facilities. Registrant to post a bond in an amount to reimburse the City for reasonably costs to be incurred in removing the Facilities of a Registrant who fails to comply with subd. 1 of this Section, and which, for two (2) years, remains unused or one year after the passage of this Chapter, any Facilities found in a Right-of- Way that have not been Registered with the city shall be deemed to be abandoned. Abandoned Facilities is deemed to be a nuisance. The City may exercise any remedies or rights it has as law or in equity, including, but not limited to, (i) abating the nuisance, (ii) taking possession of the Facilities and restoring the Right-of-Way to a useable condition, or (iii) requiring removal of the Facilities by the Registrant, or the Registrant's successor in interest.. 3. Removal. Any Registrant who has unused, unusable and abandoned Facilities in any Right-of-Way shall remove it from that Right-of-Way within and during the next scheduled excavation, unless this requirement is waived by the ��^�r Citv• 12.32 30 SECTION 407.29. APPEAL a. A Right-of-Way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had a permit revoked; or (4) believes that the fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. b. Upon affirmation by the City Council of the denial, revocation, or fee imposition, the Right-of-Way User shall have the right to have the matter resolved by binding arbitration if agreed to by the city. Binding arbitration must be before an arbitrator agreed to by both the City Council and Right-of-Way User. If the parties cannot agree on an arbitrator, the matter must be resolved by a three- person arbitration panel made up of one arbitrator selected by the City, one arbitrator selected by the Right-of-Way User and one selected by the other two arbitrators. The costs and fees of a single arbitrator shall be borne equally by the City and Right-of-Way User. In the event there is a third arbitrator, each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third arbitrator and of the arbitration. SECTION 407.30. RESERVATION OF REGULATORY AND POLICE POWERS A Permittee's or Registrant's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. SECTION 407.31. SEVER.ABILITY If any section, subsection, sentence, clause, phrase, or portion of. this Chapter is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion _ shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. If a regulatory body or a court of competent jurisdiction should determine by a final, non-appealable order that any permit, right or registration issued under this Chapter or any portions of this Chapter is illegal or unenforceable, then any such permit, right or registration granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right in either party 12.33 . 31 to terminate without cause upon giving sixty (60) days written notice to the other. The requirements and conditions of such�a revocable permit shall be the same requirements and conditions as set forth in the permit, right or registration, respectively, except for conditions relating to the term of the permit and the right of termination. Nothing in this Chapter precludes the City from requiring a franchise agreement with the Applicant; as allowed by law, in addition to requirements set forth herein. SECTION 407.32 -- �1��--• �•- �,• - - . •- - - -• -�• .•�� -• _ - - - �. �_ _ _ t " ' -. ti. " li " - ! � _ � � - .. {4 - tl - �_� - _ • } - _ - - - - , • ' �_- • • � ' - • ' • � - ' � - ' - - � - - • �. • - - � - - - • � _ - � ! � - � - - t � � � � • - _ • � _• - -• �. ' t • - - -._� - • ��• ' - - • - - - • • _ " •l � • - • � - • �- " - • • - - • • - • - CHAPTER 11, GENER.AL PROVISIONS AND FEES Section 11.10 "Fees" is amended to include the following: 407.04 407.07 407.07 407.07 407.07 Registration Fee Excavation Permit Obstruction Permit Permit Extension Delay Penalty $22.50 �� . �- � -- . - . . �� . - _.. . � -- . - . - . - --- --- • - '- (►) $75.00 �,� $75.00 Permit extension fee plus $100.00 penalty 407.10 Mapping Fee �� "'�4 $110 if data is not in � J City format and City GIS compatible 12.34 32 R � 407.11 Degradation Cost ;- • •� • .- .� _ - .. . �- - • .- -- • -• 407.05 User Fee Land value x 10� acquisition (Residential, commercial or cost x 50� non-exclusive use x industrial) area of impact ��6��;�, � 12.35', 33 ORDINANCE SUNIlVIARY ORDINANCE NO. OFFICIAL TITLE AND SLIMMARY Title: An Ordinance Repealing Chapter 407 of the Fridley City Code in its Entirety and Adopring a New Chapter 407 Entitled "Right-of-way Management" and Amending Chapter 11 of the Fridley City Code Entitled General Provision and Fees. II. Summary. The City Council of the City of Fridley does hereby ordain as follows: The ordinance implements the 1997 Minnesota Legislative law conta.ined in Chapter 123 ,regarding the management of the public rights-of-way. The purpose of the ordinance is to outline the registration and permitting requirements as well as coordinating projects providing for recording and mapping of utilities placed within the public rights-of-way and identifying those conditions associated with restoring the rights-of-way. The ordinance holds the rights-of-way within the geographic boundaries of the city as an asset and trust for its citizens. The city and other public entities have invested millions of dollars in public funds to build and maintain the rights-of-way. It also recognizes that some persons by placing their equipment in the rights-of-way and charging the citizens of the city for goods and services delivered thereby are using this property held for the public good, although said services are often necessary or are convenient for citizens, such persons receive revenue and/or profit through their use of public property. In these situations the City Council desires to exercise its lawful police power and common law authority and all statutory authority which is available to it including but not limited the powers conferred upon it by Minnesota statutes 216B.36, 222.37, 237.16 and 300.03 (410.09) and 412.211 subdivision 6, 23 and 32. The Council finds and determines that the public interest would be best protected by adopting this chapter conferring the right to occupy the rights-of-way in return for payment as authorized by law. The ordinance describes the process to register for work within the rights-of-way, the permit application process and fees necessary to recoup the cost for administering and managing the rights-of-way as well as establishing the repair and restoration standards to ensure that the rights-of-way is restored to the same condition prior to any excavations or work. It also authorizes the process for denying permits, revocation of permits, establishment of process for emergency work, as well as locating facilities and relocating facilities within the rights-of-way as well as for the collection of fees. III. This title and summary have been published to clearly inform he public of the intent and effect of the City of Fridley's rights-of-way ordinance. A copy of the ordinance in its entirety is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue NE, Fridley, MN 55432. - Passed and Adopted by the City Council of the City of Fridley the 6`� day pf April, 1998. Public Hearing: First reading = March 2, 1998 Second reading - Apri16, 1998 Publication: April 16, 1998 12.36 PARKING VARIANCE FOR N RTHWESTERN ORTHOPAEDIC SURGEONS PARTNERSHIl' LLP LiLV�.i\ia aava� va ��;,----- Drs. Crandall, Flake, and Holmberg of Northwestern Orthopaedic Surgeori s Partnership are requesting a variance to allow the reconstruction of their existing first floor parking garage as a surgical suite. All but 3 of the 15 interior parking spaces will be eliminated as a result of the reconstruction. These parking spaces are necessary to meet the Code required 99 spaces for this site. The variance would recognize and allow less than the Code required number of parking stalls. The partnership has arranged a reciprocal agreement for parking with the Moose Club across the University Avenue Service Drive. ANALYSIS: Code Section 205.13.05.D.7, states that off-street parking shall be provided for all vehicles concerned with any use on the lot. The petitioners request a 27% reduction in the number of required on-site parking spaces. A reduction of 27% is the largest reduction of on-site parking requirements ever requested. If the building's use changes, an on-site parking problem will result. With the current uses, a parking demand beyond site capacity will likely occur. The petitioners have made arrangements for a reciprocal agreement with the Moose Lodge, west of their site. HARDSHIP STATEMENT: We have met with the building contractor to look for_areas where we might expand the existing parking lot, however, because our building is "landlocked" between University Ave, University Serv Rd, and 83rd Ave NE with public right of way issues as well as lack of adjoining property, we would be unable to provide the additional spaces needed on our property to meet the parking requirement based on gross square feet. APPEALS COMMISSION RECOMMENDATION: T'he Appeals Commission recommended approval of variance request, VAR #98-06, with 4 stipulations (Page 5). _ __-_ REC(�MMENDED ACTIONS: 13.�1 Staff recoxnmends denial of variance, b['�K �fy23-O6, since the site will not have adequate parking and a variance will cause parking deficiencies for future uses. Staff Report VAR #98-06, 8290 University Avenue Page 2 PROJECT DETAILS Petition For: A variance to allow the reconstruction of their existing first floor parking garage as a surgical suite. All, but 3 of the 15 interior parking spaces will be eliminated as a result of the reconstruction. Location of Property: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: Site Planning Issues: Adjacent Sites 8290 University Avenue Utilities available in right of ways surrounding the site Via University Avenue Service Drive Via University Avenue bikeway walkway Additional hard-surface parking will require new drainage calculations. The zoning and use of this site is consistent with the Comprehensive Plan. To be taken WFST: . Zoning: G2, General Business SOUTH: Zoning: C-3, General Shopping EAST: Zoning: University Ave/ Spring Lake Park NORTH: Zoning: C-2, General Business 13.02 � Land Use: The Moose Club Land Use: Bachman's/Sam s Land Use: Mixed Commercial Land Use: Undeveloped land owned by Northwest Orthopaedics Staff Report - VAR #98-06, 8290 University Avenue NE Page 3 DEVELOPMENT SITE Request Drs. Crandall, Flake, and Holmberg are requesting a variance to allow the reconstruction of their existing first floor pazking garage as a surgical suite. All but 3 of the 15 interior parking spaces will be eliminated as a result of the reconstruction. These parking spaces are necessary to meet the Code required 99 spaces for this site. A vaziance would recognize and allow less than the Code required number of parking stalls. Site Description/ History The Northwestern Orthopedic Surgeon's Partnership, LLP building is located in the southwest corner of the intersection of University Avenue and 83rd Avenue NE. The surgeon's parinership has arranged for a reciprocal agreement for parking with the Moose Club across the University Avenue Service Drive. In 1980, The Orthopaedic property was platted as part of Caba Realty First Addition. In 1988, 4 variances were granted by the City of Fridley to allow construction of a parking lot to service a 25,656 s.f. building. The variances allowed a reduction in the east, west, and north parking setbacks from 20' to 15', 12', and 15' respectively. The fourth vaziance was granted to build the building 26' from the University Avenue property line, rather than the Code required 35'. Later that year, the building was actually constructed 25' from the property. line (1' closer than the variance allowed). At that time in 1988, staff's analysis included breaking the building into uses to allow the parking to better match the uses within the building. As Code allows, staff separated the clinic space, office space, and garage space. Their calculations resulted in a final determination that 92 stalls would be required. Original parking included 69 outdoor parking spaces and 21 indoor parking spaces. There were also 3 future outdoor parking stalls identified. This ` arrangement met the Code requirements for parking. Later 6 internal stalls were replaced by storage area for files. No permits we�e issued so the parking reduction was not identified. 3 13.03 Staff Report VAR #98-06, 8290 University Avenue NE Page 4 Analysis Code Section 205.14.05.C(1), requires a pazking ratio of 1 parking stall per 150 square feet of building floor area, generally. Code Section 205.14.05.C(1)(a), requires a parking ratio of 1 parking stall per 250 square feet of building floor area dedicated to office use. Code Section 205.14.05.C(1)(d), requires a parking ratio of 1 parking stall per 200 square feet of building floor area for speculative floor area. The Orthopaedic building is three stories tall and the footprint covers 15% of the site. On top of that footprint, a 3 story office building exists. Each of the 2 lower floors contain 9,432 square feet. The top floor contains 6,792 square feet total. The building's total square foot dimension is 25,656 square feet. Staff suggests a speculative formula of 1 parking space per 200 square feet for this complex due to the nearly 50/50 split between clinic and office uses and much of the building area being dedicated to halls, restrooms, a cornmon lunch room, elevator corridors, etc . Applying this ratio after subtracting incidental space within the building, 99 stalls would be required. Today, there are 69 parking spaces striped outside and the request for a variance would eliminate all but 3 of the interior parking spaces. A resulting total of 72 spaces is contrary to the 78 stalls stated in the petitioner's letter. The petitioner's survey shows 78 spaces. The spaces have an indicated stall width of 9'-6", while Code requires 10'-0" stalls and that 3 stalls are proposed to be added to reach the total of 78 stalls. At 10' wide, 78 stalls will not be physically possible on this site. As always, City staff must not only view a building in its current use, but also consider the future use of the building. If this variance is granted, and the uses change within the building, (which could happen without notification of the City because not all businesses require a license prior to operation), a park4ng problem could result. With 99 stalls required for this site after new construction, and 72 stalls 4 13.04 � Staff Report VAR #98-06, 8290 Universiry Avenue NE Page 5 possible, the variance being requested represents a 27% reduction � in the overall number of stalls required. To off-set the lack of stalls, the petitioner has arranged for 27 off :site pazking spaces for employees at the Moose Club, West of the subject parceL HARDSHIP STATEMENT: Our practice would be very much interested in building a small operating room suite in our building for office based out-patient surgery. This would require replacing several of the parking spaces which are currently housed within our building. The plans for this development are currently being fabricated and developed. We would like to respectfully request a variance with respect to the parking requirement. We request that the parking requirement be based on leasable square feet rather than gross square feet for our building. If our parking requirements were based on leasable square footage, even with the build out of an operating room suite, we could meet the parking requirement with no need for additional spaces. (leasable sq ft inc surgical suite 19,400%150 = 78 spaces req. see attached plan showing spaces.) We have met wifh the building contractor to look for areas where we might expand the existing parking lot, however, because our building is "landlocked" betzveen University Ave, University Serv Rd, and 83rd Ave NE with public right of zvay issues as well as lack of adjoining property, we would be unable to provide the additional spaces needed on our property to meet the parking requirement based on gross square feet. PREVIOUS SIMILAR VARIANCES GRANTED: In 1989, the City approved a variance for the property at 250 Osborne Road for a proposed theater and retail complex. That variance represented a 13% reduction in the number of required parking stalls and required cross-parking agreements with adjacent property owners. The development did not proceed. APPEALS COMMISSION RECOMMENDATION The Appeals Commission recommended approval of variance request VAR #98-06, with the following stipulations. 1. That the area dedicated to employee parking at the Moose Lodge be N� 13.05 Staff Report VAR #98-06, 8290 University Avenue NE Page 6 identified on a plan for the staff inembers of both the Moose Lodge and Clinic complexes; The cross-walk for employees be painted on the street surface, of University Avenue Service Drive, in accordance with standards of the Fridley Public Works Department; Installation of a walkway occur between the Moose Lodge and Orthopedic parking areas (leading to the painted cross-walk on the.service drive), priar to the issuance f a Certificate of Occupancy for the new surgical space. Any future modification of use, the City shall be notified by the building owners to re-evalua#e the parking demands of that new use prior to commencement of sale or lease. 2. 3. 4. Staff recommends that if the Council chooses to concur with the Appeals Commission, the document related to #4 be in a recordable form and must be recorded at Anoka County prior to issuance of the Building Permit. RECOMMENDED ACTIONS: Staff recommends denial of variance VAR #98-06 since the variance will cause present or future owners parking deficiencies for the existing use and the future use. Even with a reciprocal parking- agreement, the 27% reduction would set a new precedent for variances of this type. 6 13.06 �� Robin C. Crandall, M.D. Joseph Flake, M.D. Peter D. Holmberg, M.D. Randall J. Norgard, M.D. Paul R. Diekmann, M.D. 8240 University Ave. N.E. Suite 200 Fridley, MN 55432 612 786-9543 Charles J. Cooley, M.D. Jon E. Wallestad, M.D. Philip H. Haley, M.D. Mercy Heafth Care Center Suite ZDO 3960 Coon Rapids Blvd. Coon Rapids. MN 55433-2597 612 427-7300 February 25, 1998 Community Development Department City of Fridley 6431 University Ave Fridley NIN 55432 Dear Council Members: Northwesterrt Orthopaedic Swgeons Par�neFShi.g would respectfully like to apply for a variance on behalf of Orthopaedic Partners, P.A We have practiced orthopaedic surgery here in the community of Fridley for the last 10 years and have been very gleased with our �ractice. Currently our parking requirements are based on gross square footage of the building. We do meet the qualifications for parking under these criteria. (Crross sq $ 24964) Our practice would be very much interested in building a sma11 operating room suite in our building for office based out-patient surgery. T}us vvoul� require replacing several of ihe parkina spaces which are currently housed within our building. The plans for this development are cunently being fabricate� and develo�ed. We would like to respectfully request a variance with resgect to the parking requirement. We request that the parking requirement be b�sed on leasable square feet rather than gr�ss square feet for our building. If our parking requirements were based on leasable squaze footage, even with the build out of an o�erating ro�m suite, tive could meet the parking requirement with no need for additional spaces. (Leasable sq ft inc surgical suite 19,400/250 = 78 spaces req. See attached plan shoiving the spaces,) We have met with the building contractor to look for areas where we mi�ht expand the e�sting parking lot, however, because our building is "landlocked" between University Ave, University Serv Rd, and 83`� Ave NE with public right of way issues as well as lack of adjoining property, we would be unable to provide the additional spaees needed on our property to meet the parking re4uirement based on grnss s4uare feet. Branch O ice Shor 13.0� 'L nter Sho�eview, rnv �I1b 612 48I-1071 We have never had any complaints in regard to �arking over the period of neazly 10-:years. - Generally our lot is 25-50% filled. We do feel that the addit�on of an operating roam suite in our building would be a major benefit tfl the patients in the �ommunity and surrounding areas, affording our patients excellence in orthopaedic care. The anticipated flow through the surgery suite would be low, }�erha�s 6 patients per day. We do not feel that the granting of the variance requested would orea�e any difficulty with the parkin� sit�ation. Sincerely, iC� � C. C �dall, M.D. � �r� ..-��;�1 Flake, M.D. Pet D.Holmberg, M.D. 13.08 CI AbE IE I � " � �. Zoning DesignaGons: 0 R 1- C�e Farrily lMits R-2 - Two Family Units � R 3- General M�tipie Urrts R-4 - Mobile Flare Parks � PUD - Plarcied Urit Develo{xr�ent � S1 - Hy�de Paric �`1ei�bo�fiood �2 - Redeveloprr,enc Distrid � G1 - la�l 8usiness G2 - � ��ss � G3 - Ger�era� ShoPPin9 � GR1- General Office ; nM� - u�rx indusma� , � nM2 - �vv �ndusvial '� W43 - Outdoor' Irdensive Fieavy Ind. � RR - Raiiroads � p - Public Facilities C] WATER ;� RIGHT-OF-WAY VE� �� V1T1a11C@ � 8290 Universi Avenue NE b, ;�� : +�'��^;-<.: _ mK �$ � � � �� . � �� ?,� ,�� Fee Owner & Petifioner: Northwestern Orthopaedic Surgeons Partnership LLP Variance: Variance to Allow the Reduction of Required Parldng Stalls Zone: C-2, General B� 13.09 N A v�arss , � � � � � � . L � v / o� FRIDLEY I �y: � �o�^o� ♦ y0' I �� / � � WZs � W � � � ^ fD � O � N `—Y " ��•�s�� E 83R� �� E-- �eo'�" —� �A � � M31 N sn�C 5 9'� � � — _ . — . 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N.E Suite JAO Fridlq. MN 55432 612 786-9543 0 Fax�612-786-3320 To: CiTy of_Eridlay Ai�n: Scott H'ielcol� Community bevelopmezrt Dept Date: 3/2�/A8 Fax: 571-1287 From: Becky An.d��sQn,Mgr N'orthwestern Ozthopaedic Swrgeons Partnership Mar 25 '98 1?:00 Please consider this our re.quest for.a 2 weEk extr.nsion in re�ard to Qur �*��n�P app�ication be�ng p�esented to �he Appeals Commission. Thaulc you. � 13.14 �,�, �� Shoreview. MN 5517b bi2 SS: - I Oil � P. O1 Churles 1. Cooley, M.D. Jon E. Wallestad, M.D. Philip H. Haiey, M.D. Merc�+ Health Care Cerrter Suice 200 3960 Coon Rapals Bivd. Coon Rap�ds, MN 554�-2597 612 427-i300 � CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential � Commercial/Industriai ns rKVPERTY INFORMATION: - site plan required for submittal, see attached -�"� Address: 8290 University Ave NE, Fridley MN 55432 . Property Identification Number. Ro2 3o a4 as o005 r� Legai Description: Lot 1 BIOCIC 1 T�aCfIACJC�l�l0�1 �� Realty First Addition : �- z Current Zoning: co,�er��a� Square footage/acreage: 56770 Sa ft or �.3033 acres Reason for Variance: see attached. - :_: : .,k: Have you operated a business in a city which required a business license? Yes No X If Yes, which city? If Yes, what type of business? Was that license ever denied or revoked? Yes No �V V�V�V�V�V�V�Yr�V�r1V�V1r�V V�V1V�VN�V�Y1�V^r�V�V�Yrti/�/�V VNV�V�V�►�V�V�V�4rN�V�V�4r�V�V�VAr�rN�V1►r�V�V1VAr/Y�V�V�/1V�V�VN�V�V�V FEE OWNER INFORMATION (as it appears on the propertytitle) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: Northwestem Orthopaedic Surqeons Partnership LLP ADDRESS: $290 University Ave NE, Fridley MN 55432 DAYTIME PHONE: �86-9543 SIGNATURE/D PETITIONER INFORMATION . �a/ � � NAME: s�e. / ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: �� Section of City Code: FEES _ Fee: $100.00 for commercial, industrial, or signs: ✓ Fee: $60.00 for residential properties: Receipt #: �� Received By: Application Number: �2 �=o Scheduled Appeals Commission Date: f�f�� L� /�� Scheduled City Council Date: _ ,�,; � b / g� 10 Day Application Complete Notification Date: /�r� ;/�� 60 Day Date: o�, � z k. � S 9� 13.15 , ; �.�. . �": 4 .' i; � � � � CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION Tp; Property owners within 350 feet of 8290 University Avenue CASE NUMBER: VAR #98-06 APPLICANT: Northwestern Orthopaedic Surgeons Partnership PURPOSE: To redu+ce the number of parking stalls as required by City Code to allow an expansion within the existing building foo� LOCATION OF PROPERTY: LEGAL DESCRIPTION: DATE AND TIME OF HEARING: PLACE OF HEAR/NG: HOW TO PARTIC/PATE: SPECIAL ACCOMMODATIONS: ANY QUESTlONS: 8290 University Avenue Lot 1, Block 1, Caba Realty First Addition Appeals Commission Meeting: Wednesday, March 25, 1998 , 7:30 p.m. The Appeals Commission meetings are televised live the night of the meeting on Channel 35. Fridley Municipal Center, City Council Chambers, 6431 University Avenue 1. You may attend hearings and testify. 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, or Paul Tatting, Planning Assistant, at 6431 University Avenue N.E., Fridley, MN 55432 or fax at 571-1287. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than March 18, 1998. Contact either Scott Hickok, Planning Coordinator, at 572-3599, or Paul Tatting, Planning Assistant, at 572-3593. Mailing Date: March 13, 1998 13.16 vax #9s-o6 � NORTHWESTERN ORTHOPAEDIC SURGEONS PARTNERSHIP 8290 UNIVERSITY AVE NE NW ORTHOPAEDIC SURGEONS 8290 UNNERSITY AVE NE #200 FRIDLEY MN 55432 FRIDLEY LODGE NO 38 8298 iJrtIVERSITY AVE NE FRIDLEY MN 55432 BRYANT INVESTMENT SPECIAL ASSESSMENTS C/O ORTHOPAEDIC PARTNERS LLP AMERICAN BANK NATIONAL 8290 UNNERSITY AVE NE 101 E 5"j ST FRIDLEY MN 55432 ST PAUL MN 55101 NW ORTHOPAEDIC SURGEONS 3600 W 80'� ST SUITE 250 BLOOMINGTON MN 55431 CITY OF SPRING LAKE PARK 1301 81ST AVE NE SPRING LAKE PARK MN 55432 CITY COUNCIL CITY MANAGER WAL MART STORES INC 701 S WALTON BLVD BENTONVILLE AR 72716-8702 SAMS CLUB 8150 UNNERSITY AVE NE FRIDLEY MN 55432 13.17 � CURRENT RESIDENT 160 83RD AVE NE FRIDLEY NIN 55432 M B PROPERT'IES 8251 MAIN ST NE FRIDLEY MN 35432 TODD BAC'HMAN BACHMANS INC 6010 LYNDALE AVE S MINNEAPOLIS MN 55419 LARRY KUECHLE 202 MERCURY DR NE FRIDLEY MN 55432 CITY OF FRIDLEY APPEALS COMMISSION MEETING, APRIL 8,1998 �'-- ROLL CALL: Vice-Chairperson Beaulieu called the April 8, 1998, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: . Members Present: Carol Beaulieu, Ken Vos, Terrie-Mau, Blaine Jones ,: Members Absent: Larry Kuechle Others Present: Scott Hickok, Planning Coordinator Paul Tatting, Planning Assistant Becky Anderson, Orthopaedic Partners . Robin Crandall, M.D., Orthopaedic Partners Todd Bachman, Bachman's Inc./Hortco Lee Jones, 54 Locke Lake Road . Nicky Ferber, 6801 Hickory Street N.E. Doyle Mullin, 1233 Hathaway Lane N.E. • ---� . � _- ••: • --.: • • M TI by Ms. Mau, seconded by Mr. Jones, to approve the March 25, 1998, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BEAULIEU DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PARTNERSHIP LLP: Per Section 205.14.05.C.(1) of the Fridley Zoning Code, to reduce the number of parking stalls as required by City Code to allow an expansion within the existing building footprint on Lot 1, Block 1, Caba Realty First Addition, generally located at 8290 University Avenue. � MOTION by Dr. Vos, seconded by Ms. Mau, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BEAULIEU DECLARED THE MOTION CARRIED.AND THE PUBLIC HEARING OPEN AT 7:33 P.M. Mr. Hickok stated the variance is being requested by Northwestem Orthopaedic Surgeons. The property is zoned C-2, General Business, and is located on a loopback parcel at the southwest comer of University Avenue and 83'd Avenue. To the north is property zoned C-2, General Business; to the west is C-2, General Business, and C-3, General Shopping. 13.18 APPEALS COMMISSION MEETING, APRIL 8, 1998 PAGE 2 Mr. Hickok stated Drs. Crandall, Flake and Holmberg are requesting a variance to afiow the reconstruction of their existing first floor parking garage as a surgical suite. The request represents a 27% reduction in the number of parking stalls required on the site. Originally, there were 21 parking stalls in the lower level of this building which has been reduced to 15. This request would reduce the interior parking stalls to 3. The building has a total of 25,656 square feet. The interior spaces consisf of a mix of clinic and office spaces. Mr. Hickok stated three different code sections could be used in this zoning district depending on the use. The first is the general code section which is the typical C-2 ratio of 1 parking space for every 150 square feet (1:150) of building area. If the building is primarily office area, the ratio is 1:250. There is also a speculative ratio in the code that is designed for multi-purpose, multi-tenant buildings where there may be some shared space, internal hallways, etc. That ratio is 1:200 square feet. Staff is suggesting that, because this building is a mix of uses and considerable area within the building is dedicated to common areas, the building is a perfect candidate for the speculative ratio. Mr. Hickok stated the agenda packet contained information showing a breakdown of the interior spaces to determine how the building is used. It is almost a 50/50 split between office and clinic space, so there again the speculative ratio seems most appropriate. Mr. Hickok stated the doctors have stated the leasable space within the building has a total area of 19,400 square feet. Applying the speculative ratio, 99 parking spaces would be required. Currently, there are 69 outdoor parking spaces and 3 interior parking spaces that would be striped and available after the new construction. With the 72 spaces on site, it would still represent a 27% reduction in the parking stalls required for the site. Mr. Hickok stated the doctors have submitted a hardship statement indicating the practice would be interested in building a small operating room suite in the building with office space for out-patient surgical services. They request that the parking be based on le,asable square footage rather than gross square foot measurements. The building is landlocked between University Avenue, the University Avenue Service Road, and 83rd Avenue. Mr. Hickok stated Northwestem Orthopaedic Surgeons Partnership has entered into an agreement with the Moose Club to provide 27 additional parking stalls for their employees. Though these stalls are not on site, they do provide a combined total equivalent to what is required. In 1989, the City approved a variance to the property at 250 Osbome Road which represented a 13% reduction in the number of required parking spaces. This �equest consists of a 27% reduction. Mr. Hickok stated staff recommends denial of variance request, VAR #98-06, due to the belief that this variance will cause present and future owners parking deficiencies and, even with the reciprocal parking agreement, would set a precedence. If the Commission chooses to recommend approval of the request, staff suggests the following stipulations: 1. The area dedicated to employee parking at the Moose Lodge be identified on a plan for the staff members of both the Moose and Clinic employees. 13.19 APPEALS COMMISSION MEETING, APRIL 8, 1998 PAGE 3 2. The crosswaik for employees be painted on the street surface of University . Avenue Service Drive in accordance with standards of the Fridley Public Works Department. 3. Installation of a walkway between the Moose and Orthopaedic parking areas (leading to the painted crosswalk on the service drive) shall occur prior to the issuance of a Certificate of Occupancy for the new surgical space. 4. For any future modification of use, the City shall be notified by the building-owners - to re-evaluate the parking demands of that new use prior to commencement of sale or lead. Mr. Jones asked what the future requirement is of any sale or lease. Does this mean that before they would offer the building or space for sale or lease, they would have to come back to the City? Who would they come back to? Mr. Hickok stated they would be required to come back to staff to evaluate whether or not that causes additional impacts for parking. Typically in a building such as this, there may be space available and, other than getting a building permit, there is not a notification to the City that a use has changed within the building as long as it falls within the C-2 use. In this situation, if the building filled with another use requinng a 1:150 ratio, then 128 parking stalls would be required. The stipulation is saying the City does not want that to happen without recognizing it. Mr. Jones asked how the City manages that. Mr. Hickok stated the stipulations are filed with the property at the County. It is important to put it into the record so the current owners understand that and can convey that message to future tenants and/or owners of the building. . Ms. Beaulieu asked if the Unity Professional Building had a reciprocal parking agreement with anyone. Mr. Hickok stated they had their own parking. It was a case where Unity Hospital has a reciprocal agreement w�th the Fridley Medical Center, but this clinic has its own parking. It appears that the combination of Unity with its own parking demands and the clinic with �t demands needed to ask for a reduction. Dr. Crandall stated this does represent a special request. They have been tenants there for about 10 years and they know how the parking works. As specialists, they probably do not see the volume of patients that primary care doctors would see. Their budding has only orthopedic specialists. It is a busy orthopedic group, and they have not had any complaints on their current parking. They would not expect any complaints or problems with this arrangement. They would make every attempt to make their employees and others park at the far comers so that patients can park near the building. Their lot is no more than 30% to 50% full. They feel this is workable and not an undue burden to the citizens of the community or to the population around. Ms. Beaulieu asked how many employees they have. Dr. Crandall stated there are eight orthopedic surgeons in three offices - Coon Rapids� 13.20 APPEALS COMMISSION MEETING, APRIL 8, 1998 PAGE 4 Shoreview, and Fridley. They have a total of 42 full and part-time employees. Most do not work at any one spot but rather rotate locations. Most of the empioyees are at the Fridley site. Ms. Beaulieu asked if these employees would be asked to park in the 27 spaces at the Moose Lodge. Dr. Crandall stated these spaces would be used for employees. The Moose Lodge does not open until 3 p.m. Their business is in the moming and early aftemoon. The north comer of their lot is for employees. �- Ms. Beaulieu asked the petitioner if he had any problems with the stipulations. Dr. Crandall stated he thought they could work with them. He was not sure what the walkway entails or what they should do, but they will work with staff to do whatever they can. Mr. Hickok stated, as staff sees it, it is critical that if employees are parking across the street that they cross at a point that is very clear. This would identify the crosswalk area and identifies a link between the parking lots. Dr. Vos asked if there was any change in the law about walkways and traffic. Is this a case where the pedestrian has the right-of-way? Mr. Hickok stated this is designed to mimic an intersection so you have a sense of security and some protection provided by the stripes. If a pedestrian stepped off the curb, the cars would have to stop. Mr. Jones asked if there would be signs that this is a pedestrian crossing. Mr. Hickok stated, no. This would be striped according to specifications. He did not know if a sign was part of the criteria. There is special striping that makes a standard crosswalk. Dr. Vos asked that after the surgical addition, will there be more traffic than what there is now? Dr. Crandall stated they would have the same population base of patients; however, they would be anticipating hiring three additional employees and would anticipate some increase in traffic. They feel they can handle that and do not anticipate doing enough to make parking a problem. The plan they submitted shows two operating suites. They plan to use one and altemate back and forth. Ms. Mau asked, referring to the parking agreement, if there was a way to designate 'where employees would be parking. There are two driveways right across from each other. She felt most people would park at the driveway so they would not have to walk as far. Should there be a designation as to where the employees would park in the Moose Lodge parking lot? 13.21 - APPEALS COMMISSION MEETING, APRIL 8, 1998 PAGE 5 Dr. Crandali stated they wouid do whatever the City wants. They have not spoken with the Moose Lodge as to specifically where they want employees to park but, if the City wants staff to park at the northem side, they can arrange it. Mr. Jones asked what wouid happen in the event the Moose Lodge is sold. Dr. Crandaii stated they would try to petition with that owner for the same recompense for parking. Mr. Jones asked if that wouid come ba�k to the City. Mr. Hickok stated staff would ask that the agreement be filed at the County so that any future owner would understand that there is a reciprocal parking agreement and would have to consider that with their parking demands on that site. MOTION by Dr. Vos, seconded by Ms. Mau, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BEAULIEU DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:50 P.M. - Dr. Vos stated the petitioners have a predicament, because they are in the southwest comer on a loopback parcel. There is no land they can use. They went undemeath the building to build their addition, and lost parking because that was under the building. He thought one of the hardships is the configuration of the land. Using the 1:250 ratio, they would then need 71 parking spaces and then they would just make it. He would vote in favor with the stipulations recorded with the Moose Lodge and Orthopaedic Surgeons properties. Ms. Mau stated she had a problem with the parking. She understands the hardship, but she would like to make sure that the parking is in the north part of the Moose parking lot. Her fear is that employees would walk across at the driveways. That is on a curve which would make it rather dangerous. Mr. Jones stated that is also his biggest concem. He agreed that if the employee parking is not a designated area, they could park on the south side of the Moose Lodge and cross the street at the curve. That is a busy street and traffics moves fast along there. Ms. Beaulieu agreed. Even going with a 27% reduction, the reciprocal parking makes up for it. Although they are setting a precedent, it is not quite as bad as without an agreement. TI by Dr. Vos, seconded by Mr. Jones, to recommend to the City Council approval of variance request, VAR #98-06, to reduce the number of parking stalls as requir"ed by City Code to allow an expansion within the existing building footpnnt on Lot 1, Block 1, Caba Realty First Addition, generally located at 8290 University Avenue �N.E., with the following stipulations: The area dedicated to employee parking at the Moose Lodge be identified on the northerly portion on a plan for the staff members of both the Moose and Clinic employees. ___ _ _ 13.22 APPEALS COMMISSION MEETING, APRiL 8, 1998 PAGE 6 2. The crosswalk for empioyees be painted on the street surface of University Avenue Service Drive in accordance with standards of the Fridley Public Works Department. 3. Installation of a walkway between the Moose and Orthopaedic parking areas (leading to the painted crosswalk on the senrice drive) occur prior to the issuance of a Certificate of Occupancy for the new surgical space. 4. For any future modification of use, the City shall be notified by the building owners to re-evaluate the parking demands of that new use prior to commencement of sale or lead. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BEAULIEU DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated the City Council would consider this request on April 20. 2. BY BLAINE & LEE JONES: Per Section 205.07.03.D.(1) of the F setback from 35 feet to 34 feet to allc Per Section 205.04.03.1 of the Fridley Z r that is not complying to be increased in '; the North 759 feet of Lot 3, Revised Audi map or plat thereof ... and the East 40 fe Second Addition ... and Lot 3... Ostmai map or plat thereof ... County of Anoka, I generally located at 54 Locke Lane Road. Mr. Jones requested to step down from the request. Zoning Code, to reduce the front yard : reconstruction of the garage, and � Code, to allow a residential structure , on that part of the South 65 feet of s Subdivision No. 23, according to the front and rear of Lot 2, Ostman's Second Addition according to the inesota (complete legal on file), MOTION by Ms. Mau, seconded by Dr. Vos, to waive notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CH, DECLARED THE MOTION CARRIED AND THE PUB P.M. during consideration of this reading of the public hearing �ERSON BEAULIEU HEARING OPEN AT 7:55 Mr. Tatting stated the variance request is to allow a reducti from 35 feet to 34 feet to allow the reconstruction of the gar structure not complying with the code to be increased in size house is 22 feet from the front property line. The hardship as that the front of the existing garage encroaches onto the front remodeling would continue that setback 8 feet to the east. Th require any further variances. The house is nonconforming ai variance. 13.23 in the front yard setback e, and to allow a residential A portion of the existing 'ndicated by the petitioner is etback. The proposed addition itself does not � any expansion needs a emo April 16, 1998 TO: William W. Burns � � City Manager � FR: Jack Kirk -�� Director RE: 1998 PLAYGROUND EOUIPMENT BIDS On Wednesday, March 25`� at 10:00 a.m. the bids were opened for the 1998 playground equipment projects. There were iive companies submitting proposals for the five playground sites being upgraded this year. On Monday, March 30`� through Wednesday, Apri12"d, all of the playground equipment proposals were on display in Meeting Room 2 of the Municipal Center. Neighborhood residents were invited to review the proposals, make comments, and provide input on the selection of the projects. Thirty-one people reviewed the equipment during this time. On Monday, Apri16`�, the Parks & Recreation Commission reviewed the equipment proposals and concurred with the staff recommendation to awazd all five park projects to Flanagan Sales with the Little Tykes line of equipment. It is our opinion that Flanagan Sales offered the City of Fridley the best package of playground equipment for our money. Play equipment evaluations are based on a number of factors including equipment quality, safety considerations, aesthetic appeal, the play experience provided, and installation experience. We have used this company in the past two years at several playground locations and are very satis�ed with their final product. In addition to having the best equipment proposal, Flanagan Sales was also the only equipment vendor to offer the City a cash discount for being awarded all five playground site installations. I am recommending that the City Council receive the bids on the playground equipment projects and award the contracts toFlanagan Sales for the projects listed below. Project Location Amount 310a. Briazdale Park $32,000 310b. Edgewater Gardens Pazk $32,000 310c. Plymouth Square Park $32,000 310d. Ruth Circle Pazk $32,000 310e. Sylvan Park $32,000 If you have any questions on these projects, or need additional inforniation, please let me know. JK:sj �4.�1 ; JK98-20 � � � 1�1 � a �, �° b � C GC = �O h O 7 ., � J c Ty T �., 0 N .�r = G V O � ti � V � � a � � WW. H� Ga � a� -v �a � on G � C � a .� � w � � 0 �. � � � � � � Q� rl O � M C z � � � 'o �. a C O ..�'. T � N •Cl. 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U L:ir � � �� C pp �.Zrz � w.�pQ"' cv�i ��°e�i� � �� p•+v�i >, > v~i � •p�,j� ZON�G V�+V �` �� Z�'� eiOZ 0 �?�'" �'� ..�� K�� Wp� c GipC,N'� Q�'c ai� S �Q °°' e��=Z R.$ a� KZ � vZ E= w" �.a s� m , ee •- ti �•- �n :; ae Q ea 7^ Q �acn J �a0� c�� e c°.N ea "G,7x�'S a ppF�� o�_n.._•_� Gr.�•� �c.)N 3�Q�n a 3�a 14.02� Q�� ;� � e � � � � � FRIDLEY CITY COUNCIL MEETING OF cmroF APRIL 20, 1998 FRIDLEY INFORMA� STATUS REPORTS 15.01