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09/28/1998 - 4830OFFIC�AL CITY COUNCIL AGENDA COUNCIL MEETING SEPTEMBER 28,1998 � I � � FRIDLEY CITY COIINCIL MEETING ,: !�RFpl�Elf .� ATTENDENCE SHEET Mav�day, Se��embe�c 2k, 1998 . 7:30 P.M. `PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN �.PRINT NAME (CLEARLY) ADDRESS �� ! � r �� " � 1�b1 ��'e �{� �F�,- .L S � 1 � S �� ;1n , � , � ��+; � �� '1�,,-. �ir±; �% f' ra `� S° ,, � �, ; �� i i_ I . � ; � S `- G _ V :� > � �--h �J ✓ � � J r s �. ,L Z � %%i <� Y� u �--, . � fi \ , `T � � �„�, r � C �, � �--� ,. , �$�5 �.� ��P/ f� — -----��n�ir�Jii��i�g�� li �ti�-e �"Q y k , r� � r^{- ��Lt ,,/�� ._- -`� V"� ,�,� I�' � -�Q -'� J �� a� _ i �� .... ,.;.�� ITEM NUMBER - t-r.�4.t��; �� ! � FRIDLEY CITY COUNCI� MEETING OF �oF SEPTEMBER 28, 1998 FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, c;r 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 reques� 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. PROCLAMATIONS: Student Foreign Exchange Week: September 28 - October 4, 1998 Rafae/ Collantes - Chile Sabine Holm - Germany Thanasin Tanompongphandh - Thailand Fire Prevention Week: October 4- 10, 1998 Minnesota Manufacturers Week: October 12 - 16, 1998 �! Domestic Violence Awareness Month: October, 1998 PRESENTAT/ON: By Don Helmstetter, Superintendent, Independent School District No. 16 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 1998 PAGE 2 APPROVAL OF MINUTES: City Council Meeting of September 94, 1998 APPROVAL OF PROPOSED CONSENT AGENDA� OLD BUSINESS: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending New Section 205.29, "0-5 Telecommunications Towers and Facilities District" to Regulate Automatic Meter Reading Systems by Amending the Third "Whereas," and by Amending Sections 205.29.01, 205.29.02, 205.29.03, 205.29.05, 205.29.07, 205.29.19, 205.29.22, 205.29.23; and by Amending Section 11.10, Fees [Zoning Text Amendment, ZTA #98-01, by CeIINet Data Services (MSP), Inc.] ....................................... 1.01 - 1.18 Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Adding New Section 205.25, "S-3, Heavy Industrial, Onaway Addition District;" to Renumber Remaining Sections in the Zoning Code; to Amend Section 205.18.03.A; and to Make a Change in Zoning Districts; and, Adopt Ordinance to Publish Official Title andSummary ............................................................................ 2.01 - 2.27 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 1998 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Approve Revised Joint Powers Agreement befinreen the City of Fridley and County of Anoka for the Improvement of County State Aid Highway No. 35 (Central Avenue From Trunk Highway 65 to 81St Avenue) (Central Avenue Improvement Project No. ST. 1998 - 4) ........................................................... 3.01 - 3.13 Motion to Approve the 1998-1999 Snow Removal Plan for the City of ` Fridley....................................................................................... 4.01 - 4.17 Approve Change Order No. 1 to the Fridley Community Center Lower Level, Project No. 319 ............................................................... 5.01 - 5.03 Approve Public School Inspection Agreement between the City of Fridley and the State of Minnesota, Department of Public Safety - Fire Marshal Division ..................................... 6.01 - 6.03 Resolution Appointing Election Judges for the 1998 General Election...................................:.................................................. 7.01 - 7.02 FRIDLEY CITY COUNCIL MEETING OF SEPTEM[�FR �R �a4st oer_c � APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED)• Resolution Providing for the issuance and Sale of $4,185,000 Taxable General Obiigation Tax Increment Bonds, Series 1998B ................................................................. 8.01 - 8.27 Resolution for Hearing on Proposed Assessment for Hackmann Avenue/Hackmann Circle Improvement Project No. ST. 1998 - 1 ............................ 9.01 - 9.02 Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Hackmann Avenue/Hackmann Circle Improvement Project No. ST. 1998 - 1 ............................ 10.01 - 10.02 Resolution for Hearing on Proposed Assessment for Rice Creek Bank Stabilization ProjectNo. 309 ............................................................................ 11.01 - 11.02 Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for the Rice Creek Bank Stabilization Project No. 309 ..................................................... 12.01 - 12.02 C�InI �v rirv rn� ��rn IUICCTIAIr �1G C�DTGMRGR 9ft 4QQR P4GE 5 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Motion to Approve the Warden Oil Interim Funding Agreement ....................................................... 13.01 - 13.06 Resolution Approving Settlement and Authorizing Payment Thereof (MPRS) ...................................................................................... 14.01 - 14.05 Appointment: City Employee ..................:................................. 15.01 Claims....................................................................................... 16.01 Licenses.................................................................................... 17.01 - 17.06 Estimates................................................................................... 18.01 �.-..... rRIL/LG i �� i i �.VUIVt,.IL IYICC I IIVl7 Vf' SCF' I CMIjtR Z8, 1 ADOPTION OF AGENDA: OPEN FORUM. VISITORS: Consideration of Items Not on Agenda (15 minutes). NEW BUSINESS: Variance Request, VAR #98-26, by William Zbikowski, Toolkraft, Inc., to Reduce the Rear Yard Setback from 25 Feet to 8 Feet to Allow the Construction of a 100' x 200' Addition to an Existing Industrial Building, Generally Located at 7500 Commerce Lane N.E. (Ward 3) ................................................... 19.01 - 19.13 Informal Status Reports ....................................................................... 20.01 ADJOURN. .> E , �� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 1998 �;, 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, mazital status, sexuat 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. (T'TD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: Studenf Foreign Exchange Week: September 28 - October 4, 1998 Rafael Collantes - Chile Sabine Holm - Germany Thanasin Tanompongphandh - Thailand Fire Prevention Week: October 4- 10, 1998 Minnesota Manufacturers Week: October 12 - 16, 1998 Domestic Violence Awareness Month: October, 1998 PRESENTATION: By Don Helmstetter, Superintendent, Independent School District No. 16 APPROVAL OF MINUTES: City Council Meeting of September 14, 1998 C�� c�. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending New Section 205.29, "0-5 Telecommunications Towers and Facilities DistricY' to Regulate Automatic Meter Reading Systems by Amending the Third "Whereas," and by Amending Sections 205.29.01, 205.29.02, 205.29.03, 205.29.05, 205.29.07, 205.29.19, 205.29.22, 205.29.23; and by Amending Section 11.10, Fees [Zoning Text Amendment, ZTA #98-01, by CeIINet Data Services (MSP), Inc.] ............................... 1.01 - 1.18 8,�� Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Adding New Section 205.25, "S-3, Heavy Industrial, Onaway Addition District;" to Renumber Remaining Sections in the Zoning Code; to Amend Section 205.18.03.A; and to Make a Change in Zoning Districts; and, Adopt Ordinance to Publish Official Title and Summary .............................. 2.01 - 2.27 -�pp�u.�Q w�'�.��JTS NEW BUSINESS: Approve Revised Joint Powers Agreement between the City of Fridley and County of Anoka for the Improvement of County State Aid Highway No. 35 (Central Avenue From Trunk Highway 65 to 81g` Avenue) (Central Avenue Improvement Project No. ST. 1998 - 4) ............. 3.01 - 3.13 . r, > > FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 1998 PAGE 2 APPROVALOFPROPOSED CONSENT AGENDA: APPROVALOFPROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI: Motion to Approve the 1998-1999 � Snow Removal Plan for the City of Fridley ................................4.01 - 4.17 U� Approve Change Order No. 1 to the Fridley Community Center Lower Level, Project No. 319 ........................ 5.01 - 5.03 �1 Approve Public School Inspection - Agreement between the City of Fridley and the State of Minnesota, Department of Public Safety - Fire Marshal Division 6.01 - 6.03 � W� Resolution Appointing Election Judges for the 1998 General Election .................................7.01 - 7.02 f�� U Resolution Providing for the Issuance and Sale of $4,185,000 Taxable General Obligation Tax Increment Bonds, Series 1998B ........................ �� NEW BUSINESS (CONTINUEDI: Resolution Declaring Cost to be Assessed �� and Ordering Preparation of Proposed Assessment for Hackmann Avenue/Hackmann Circle Improvement Project No. ST. 1998 - 1 ............................. 10.01 -10.02 �Resolution for Hearing on Proposed � Assessment for Rice Creek Bank Stabilization Project No. 309 ............................ 11.01 - 11.02 \ F Resolution Declaring Cost to be Assessed W✓ and Ordering Preparation of Proposed Assessment for the Rice Creek Bank Stabilization Project No. 309 ..... 12.01 - 12.02 � Motion to Approve the Warden Oil Interim Funding Agreement ....... 13.01 - 13.06 � .. 8.01 - 827 Resolution Approving Settlement r„� and Authorizing Payment Thereof �•�� (MPRS) ............................. 14.01 - 14.05 Resolution for Hearing on Proposed �� Assessment for Hackmann Avenue/Hackmann Circle Improvement Project No. ST. 1998 - 1 ............................... 9.01 - 9.02 � J � � l Appointment: City Employee ... 15.01 Claims ..... 16.01 � _* .. � : FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 1998 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI: Licenses ............................. 17.01 - 17.06 �� Estimates ..............................18.01 � 17'� ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of ltems Not on Agenda (15 minutes). �� :/ NEW BUSINESS: Variance Request, VAR #98-26, by William Zbikowski, Toolkraft, Inc., to Reduce the Rear Yard Setback from 25 Feet to 8 Feet to Allow the Construction of a 100' x 200' Addition to an Existing Industrial Building, Generally Located at 7500 Commerce Lane N.E. (Ward 3) 19.01 - 19.13 ��.-- �� Informal Status Reports .................... 20.01 ADJOURN. PAGE 3 C� / � �� S��I��i� �$ - oC�'0�� , 199$ WHEREAS, our community's greatest asset is our youth; and WHEREAS, the American Field Service (AFS) organizes and administers a program which brings students from around the world to our community; and, WHEREAS, this interchange of culture and philosophy contributes to the education and maturation of our youth in many and varied ways; and, WHEREAS, it is the desire of the City of Fridley to show its appreciation and support to our distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Nancy J. Jorgenson, Mayor of the Ciry of Fridley, hereby proclaim the week of September 28 through October 4, 1998, as Student Foreign Exchange Week, IN HONOR OF RAFAEL COLLANTES FROM CHILE BE IT FURTHER RESOLVED, that Rafael Collantes be made an honorary citizen of the City of Fridley, Minnesota, during his stay. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affixed this 28th day of September, 1998. NANCYJ. JORGENSON, MAYOR WHEREAS, WHEREAS, WHEREAS, WHEREAS, C/ / � �� S��t �$ - oCTO��t �, � 99$ our community's greatest asset is our youth; and the American Field Service (AFS) organizes and administers a program which brings students from around the world to our community; and this interchange of culture and philosophy contributes to the education and maturation of our youth in many and varied ways; and it is the desire of the City of Fridley to show its appreciation and support to our distinguished guests; NOW THEREFORE, BE IT RESOL VED, that I, Nancy J. Jorgenson, Mayor of the City of Fridley, hereby proclaim the week of September 28 through October 4, 1998, as Student Foreign Exchange Week, IN HONOR OF SABINE HOLM FROM GERMANY BE IT FURTHER RESOLVED, that Sabine Holm be made an honorary citizen of the City of Fridley, Minnesota, during her stay. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affixed this 28th day of September, 1998. NANCYJ. JORGENSON, MAYOR C� / � �� S��'T�M�� $ - oG"['o�£� �, x 99S WHEREAS, our community's greatest asset is our youth; and WHEREAS, the American Field Service (AFS) organizes and administers a program which brings students from around the world to our community; and, WHEREAS, this interchange of culture and philosophy contributes to the education and maturation of our youth in many and varied ways; and, WHEREAS, it is the desire of the City of Fridley to show its appreciation and support to our distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Nancy J. Jorgenson, Mayor of the City of Fridley, hereby proclaim the week of September 28 through October 4, 1998, as Student Foreign Exchange Week, IN HONOR OF THANASIN TANOMPONGPHANDH FROM THAILAND BEIT FURTHER RESOLVED, that Thanasin Tanompongphandh be made an honorary citizen of the City of Fridley, Minnesota, during his stay. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affixed this 28th day of September, 1998. NANCY J. JORGENSON, MA YOR C/� / � FIRE PREVENTION WEEK October4-10,1998 WHEREAS, smoke and poisonous gases are the leading causes of death in fires, and can kill a person long before the flames will; and WHEREAS, underestimating the power of fire and the time it takes to escape a home after a fire ignites could cost a life; and WHEREAS, developing a home escape plan and practicing it at least twice a year is critica/ to escaping a rea/ fire safely; and WHEREAS, the 1998 Fire Prevention Week theme--"Fire Drills: The Great Escape!"--emphasizes the importance of not only having a home escape plan but practicing it regularly; NOW THEREFORE, BE IT RESOLVED, that i, Nancy J. Jorgenson, Mayor of the City of Fridley, hereby proclaim the week of October 4 though 10, 1998, as: FIRE PREVENTION WEEK in the City of Fridley, Minnesota, and hereby call upon the people of Frid/ey to participate in fire prevention activities at home and work, and to prepare their own fire escape plan to ensure the safety of their families in the event of a fire. The public is invited to visit the Fire Training Center on Saturday, October 3, 1998, to view the community's firefighting equipment, meet our firefighters, visit with other members of the City's Public Safety Division, and obtain information on home safety. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Frid/ey to be affixed this 28r'' day of September, 1998. NANCY J. JORGENSON, MAYOR C/ / � MINNESOTA MANUFACTURERS WEEK OCTOBER 12 - 16, 1998 WHEREAS, manufacturing has the second largest total payroll of any business sector in Minnesota, providing $16 billion in 1996 wages; and, WHEREAS, manufacturing produces $27.1 billion for the state economy and is the largest single share (19.2%) of our gross product; and, WHEREAS, manufactured exports brought nearly $9.53 billion into the Minnesota economy in 1997; and, WHEREAS, manufacturing provides high skill, high wage jobs which significantly contribute to Minnesota's high standard of living and economic vitality; and, WHEREAS, manufacturing contributed nearly $216 million in corporate income taxes in Minnesota, more than any other business sector, and almost 28 percent of total corporate income taxes in 1998; and, WHEREAS, manufacturers located in Fridley serve local, state, national, and international markets, and constitute a significant portion of the tax base supporting City services; NOW THEREFORE, I, Nancy J. Jorgenson, Mayor of the City of Fridley, do hereby proclaim the week of October 12 through 16, 1998, to be: MINNESOTA MANUFACTURERS WEEK in the City of Fridley in recognition of the contribution of Fridley manufacturers to the social and economic well-being of our community and to the State of Minnesota. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affUCed this 2�h day of September, 1998. NANCY J. JORGENSON C/ / � DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER, 1998 WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County, and perpetrators of said crime are subject to prosecution and conr�iction in accordance with the law; and WHEREAS, over 43, 000 victims of violence have and will continue to access assistance from Alexandra House, a domestic violence service provider for women and families; and WHEREAS, it is estimated that up to 70 percent of the children and youth who come to Alexandra House are themselves, abused victims of domestic violence; and WHEREAS, domestic violence will be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same time effecting social and legal change; and WHEREAS, October is National Domestic Violence Awareness Month; and WHEREAS, during National Domestic Violence Awareness Montl� Anoka County media, churches and other organizations will inform area residents about domestic violence, its prevalence, consequences, and what we, as a concerned community, can do to eliminate its existence. NOW THEREFORE, BE IT RESOLVED that I, Nancy J. Jorgenson, Mayor of the City of Fridley, do hereby proclaim the month of October, 1998, as: in Fridley, Minnesota. DOMESTIC VIOLENCE AWARENESS MONTH IN WITIKESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 2�h day of September, 1998. NANCY J. JORGENSON, MAYOR THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETiNG OF . � SEPT'EMBER 14,1998 � � � .. � ,-... n7. THE MiNUTES OF THE REGULAR MEETING OF THE FRTDLEY CITY COUNCIL OF SEPTEMBER 14, 1998 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGTANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT PROCLAMATiONS: Mayor Jorgenson, Councilmember Barnette, Councilmember Billings, and Councilmember Bolkcom Councilmember Schneider N�tion�l Breast C�ncer Awareness Month - October 1998 AND Nation�l Mammography D;�v - October 16, 1998: Mayor Jorgenson read this proclamation, designating the month of October as National Breast Cancer Awareness Month and October 16, 1998 as National Mammography Day in the City of Fridley, Minnesota. ' Communitv Visionin� Process: At this time, Mayor Jorjenson asked Mr. Mark Koegler to provide Council and citizens with a presentation on the community visioning process. Mr. Koegler explained that the City of Fridley is in the process of beginning to update its comprehensive plan. As a part of that process, the City held several community vision sessions. The purpose was to obtain input from residents about what they liked about Fridley, what they would like to see changed, and their hopes and aspirations for the community. This provided staff with a wealth of information, which they have summarized into a series of statements that are meant to help guide staff in the comprehensive planning process. Mr. Koegler read the generalized vision statement which he believed captured the flavor and appeal of the ideas offered. He also read the guiding principles that classify how the City can achieve the elements and ideas that are identified in the vision statement. These included: 1) 2) 3) 4) 5) 6) quality housing that reflects a full range of choices; an image and identity that reflects the place; reference the Mississippi River; good place to do business; City government as an active partner in attaining the vision; transportation linkages; CTTY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 2 7) a built environment that recognizes the natural environment; 8) worldclass local and community education; 9) a comprehensive community services network; 10) a place for people to gather; 11) many parts - one community; Mr. Koegler stated that staff would get this information out to all residents of the community as soon as possible in order to allow them the opportunity to provide input and comments. One circulation option wouid be to provide an insert in Focus News: however another type of mailing may be necessary to reach the business owners in the City. Councilmember Barnette suggested that input be sought by students in the Fridley schools. He noted that many of the participants in the community vision meetings were in the thirty years-of- age and older age bracket. It may be helpful to obtain comments and input from younger residents as well, who were not represented at the meetings. Mayor Jorgenson stressed the importance of circulation to as many homes and businesses in the City as possible. APPROVAL OF MiNUTES: CiTY COUNCiL MEETING - AUGUST 24. 1998: MOTION by Councilmember Bolkcom to approve the minutes of the August 24, 1993 City Council Meeting as presented in writing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE NIOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSiNESS: 1. RECEIVE THE PLANNiNG COMMiSSiON MTNUTES OF SEPTEMBER 2 1998: RECEIVED THE PLANNING COMMISSION MINUTES OF SEPTEMBER 2, 1998. 2. RESOLUTiON NO. 57-1998 AUTHORiZiNG CHANGES IN APPROPRTATIONS FOR THE GENERAL FUND AND THE CAPITAL IMPROVEMENT FUND THROUGH JULY 31, 1998: Mr. Burns, City Manager, explained that this was a housekeeping item that was designed to account for unforeseen revenues and expenditures on a quarterly basis. The General Fund changes include $40,251 in unexpected revenue and $30,296 in unexpected expenditures. The Capital Improvement Fund change is an expenditure change of $8,587 used to repiace the storm damaged fuel system at the garage. CITY COUNCiL NTEETiNG OF SEPTEMBER 14 1998 PAGE 3 ADOPTED RESOLUTION NO. 57-1998, AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND AND THE CAPITAL IMPROVEMENT FUND THROUGH JULY 31, 1998. 3. RESOLUTiON NO. 58-1998 EXTENDiNG RETIREMENT BENEFITS TO CON- SOLiDATED PUBLiC EMPLOYEES RETiREMENT ASSOCiATTON POLICE EMPLOYEES: Mr. Burns, City Manager, explained that legislation increased the retirement multiplier used in calculating annual retirement benefits for members of the City's consolidated police pension association from 2.65 percent to 3.0 .�ercent. This option was made available by State legislation that was passed last year. Staff recommended that the City join more than twelve other cities in approving this revision. The costs are to be borne from the credit balance of $244,000 that exists in the City's consolidated police and fire PERA fund. ADOPTED RESOLUTION NO. 58-1998, EXTENDING RETIREMENT BENEFITS TO CONSOLIDATED PUBLIC EMPLOYEES RETIREMENT ASSOCIATION POLICE ENIPLOYEES. 4. RESOLUTiON NO. 59-1998 APPROVING THE USE OF THE PUBLiC EMPLOYEES RETTREMENT ASSOCiATION (PERA) EARLY RETiRENiENT FACTORS AS RETTREMENT FACTORS FOR THE MEMBERS OF TAE CONSOLTDATED POLTCE P.E.R.A.: Mr. Burns, City Manager, stated that this legislation provides for a reduction in the early retirement penalty for police employees who are members of the consolidated P.E.R.A. This is made possible by State legislation passed in 1995. By this legislation, the penalty for officers who retired before the a�e of 55 was reduced from 4.0 percent to 2.4 percent for each year that the member was under the age of 55. The effect of the resolution is to provide parity between the members of the police consolidated P.E.R.A. and other members of P.E.R.A. ADOPTED RESOLUTION NO. 59-1998, APPROVING THE USE OF THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (PERA) EARLY RETIREMENT FACTORS AS RETIREMENT FACTORS FOR THE MEMBERS OF TFIE CONSOLIDATED POLICE P.E.R.A. 5. RECEIVE BTD AND AWARD CONTRACT FOR SYLVAN PUMP STATiON UPGRADE: Mr. Burns, City Manager, explained that the City's 1998 Capital Improvements budget includes $50,000 for the upgrading of the Sylvan Hills lift station. Bids for the equipment were opened on September 9, 1998. Only one bid was received, from General Repair, Inc. in the amount of $30,420. Since the City expects to use City employees to install the new equipment at a cost of less than $10,000, the bid amount should leave the City well within the budget. CITY COUNCiL MEETiNG OF SEPTEMBER 14, 1998 PAGE 4 RECEIVED BID AND AWARDED THE CONTRACT FOR EQUIPMENT UPGRADES AT THE SYLVAN HILLS LIFT STATION TO GENERAL REPAIR, INC. IN THE AMOUNT OF $30,420. 6. APPROVE AGREEMENT FOR LEGAL SERViCES BETWEEN THE CITY OF FRiDLEY AND HOLSTAD & KNAAK, P.L.C.: Mr. Burns, City Manager, stated that after a staff evaluation of the work performed by the City Attorney, staff is recommending Council's approval of a second, three-year contract to Fritz Knaak. The contract will run between January 1, 1999 and December 31, 2001. The new contract raises the City's monthly fee from $4,250 to $5,000 per month. The fee increase recognizes the extensive amount of time that Mr. Knaak has spent litigating code enforcement cases. All other fees and terms of the existing contract remain intact. The agreement includes the provision that either party may rescind its participation in the contract by giving sixty-days written notice. APPROVED AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FRIDLEY AND HOLSTAD & KNAAK, P.L.C., COMMENCING JANUARY 1, 1999 AND ENDiNG DECENiBER 31, 2001. 7. APPOiNTNTENT: CITY EM PLOYEE: Mr. Burns, City Manajer, stated that staff is recommending the appointment of Kyle Birkhoiz to the position of Liquor Store Manager. Kyle will be a replacement for LaVon Regnier who recently resigned from the position. Kyle has been employed by the City for eight years, the last two of which he has served as Assistant Liquor Store Manager. Kyle has a Bachelor of Science Degree in Economics from the University of Minnesota. He is regarded as an exemplary employee and very worthy of this internal promotion. APPROVED THE APPOiNTMEIVT OF KYLE BIRKHOLZ TO THE POSITION OF LIQUOR STORE MANAGER. 8. CLATMS: APPROVED THE PAYMENT OF CLAIM NOS. 82542 - 82879. 9. LICENSES: THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA FOR DISCUSSION. 10. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: CITY COUNCIL MEETTNG OF SEPTEMBER 14 1998 PAGE 5 Frederic W. Knaak, Esq. Holstad & Knaak, PLC 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of August 1998 Park Construction Company 7900 Beech Street N.E. Fridley, MN 55432-1795 Rice Creek Bank Stabilization Project No. 309 F1NAL ESTIMATE: Struck & Irwin Paving Co. 812 Williamson Street Madison, WI 53703 1998 Street Improvement Project (Slurry) Project No. ST. 1998-11 F1NAL ESTIMATE: M. C. Magney Construction, Inc. 19245 Highway 7 P. O. Box 249 Excelsior, MN 55331 Well House No. 1 and Booster Station Project No. 298 F1NAL ESTIMATE: Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 57th Avenue (CR 102) Reconstruction Project No. ST 1997-4 Estimate No. 3 Ron Kassa Construction 7438 Upton Richfield, MN 55423 1998 Miscellaneous Concrete Curb and Gutter and Sidewalk $ 4,250.00 $ 4,417.18 $16, 03 9.40 $16,163.65 $215,545.64 CiTY COUNCfL MEETiNG OF SEPTEMBER 14, 1998 PAGE 6 Project No. 315 Estimate No. 5 $ 5,825.21 Councilmember Billings asked that Item No. 9, Licenses, be removed from the consent agenda and placed on the regular ajenda for discussion. MOTION by Councilmember Barnette to approve the consent agenda, AS AMENDED. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTiON OF AGENDA: Mayor Jorgenson noted that Item 9 of the consent agenda (Licenses) should be placed on the regular agenda, immediately preceding Item 15. MOTION by Councilmember Bolkcom to approve the adoption of the agenda AS AMENDED. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VTS[TORS: Mayor Jorgenson explained that this is the time reserved for residents to address Council on items that are not on the agenda. Mr. Rick Wolfe, 960 Hathaway Lane N.E., stated that he spoke to the Council at the August 24, 1998 meeting in regard to a property directly across the street from him. The home was vacant and was not being maintained, thus creating an eyesore to the surrounding neighborhood. On behalf of the neighborhood, he wished to thank Council and staff for their immediate response to this concern. He noted that the property has been cieaned up, and all of the neighborhood is very appreciative of staffs efforts. Mr. Bruce Rehberg, 6540 East River Road, stated that he is aware of the City's sign ordinance and their desire to keep signage at a minimum in Fridley. However, he felt that the banners which have been allowed under the temporary sign ordinance deter more from the looks in the City than some of the existin� signage. There were no further questions or comments from the public. PUBLiC HEARiNGS: 11. ZONiNG TEXT AMENDMENT, ZTA #98-02, BY TRE CITY OF FRIDLEY. TO CREATE A NEW ZON(NG DiSTRiCT FOR iNDUSTRiAL LOTS BELOW ONE CITY COUNCiL MEETING OF SEPTEMBER 14 1998 PAGE 7 AND ONE HALF ACRES iN STZE WITH SPECrAL ATTENTION IN TRE ONAWAY ADDiTiON: MOTION by Councilmember Bolkcom to waive the reading and open the public hearing at 8:03 p.m. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MENIBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OFFICIALLY OPENED AT 8:03 P.M. Ms. Dacy, Community Development Director, explained that the purpose of this public hearing was to look at two potential amendments to the zoning ordinance. The first would be to create a new district for the Onaway Addition, and the second would be to reduce the minimum lot size in the M-2, Heavy Industrial District, from 1.56 acres to 62,000 square feet. The Onaway Addition was ori�inally platted and subdivided in 1911, and was originally intended for residential zonin�. However it has been zoned Heavy Industrial since 1958. In the 1973 Zoning Code, there is a 1.5 acre minimum lot size requirement. However there was an exception created that accepted lots that were recorded before the effective date of that ordinance. In the early 1980's the City recodified much of its ordinances, and that exception phrase was eliminated from the M-2 zoning areas. Therefore, the 1.5 acre minimum lot size was required. Most of the development of the Onaway District occurred during the 1950's and 1970's under the 1973 Zoning Code, which explains why much of the industrial development in the area occurred on smaller lots. This public hearing would establish a new special district for this subdivision. At the present time, out of 54 industrial lots, there are only two that can meet the 1.5 acre requirement. Therefore, staff recommended that the code be re-written for this particular area to have a minimum lot size of 10,000 square feet. This would accommodate most of the lots in the Onaway District. The second part of the public hearing dealt with the other parcels that would be affected by this proposed change. These parcels are in the immediate area of the Onaway District. Staff requested that Council change the lot size from 1.5 acres to 62,000 square feet. This would resolve non-conforming lot sizes for at least three lots. There are also approximately eight parcels in the area, just east of the Onaway Addition, that do have lot areas which range between 52,000 square feet to 60,000 square feet. Staff su;gested that in the immediate future the City evaluate the potential rezoning of some of these parcels as well. Ms. Dacy noted that the Planning Commission concurred with staf�'s recommendation. She noted that a letter was received from Mr. Jim Rhode, of Rhode's Lock & Glass, 39 - 77th Avenue N.E. In this letter, Mr. Rhodes stated his concern that his property would remain as one of the four non-conforming lots. He suggested that Council consider making all of the lots in the area conforming. MOTION by Councilmember Bolkcom to receive the letter from Mr. Jim Rhodes, dated September 14, 1998, into the record. Seconded by Councilmember Barnette. CiTY COUNCIL 1VtEET(NG OF SEPTEMBER 14, 1998 PAGE 8 UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. With regard to the concerns addressed by Mr. Rhodes, Councilmember Billings, stated that he understood the situation; however, by making the additional four lots conforming lots would likely create problems for other property owners whose lots fell just short of the 8,000 square feet. The City must "draw the line" somewhere. He thou�ht that this proposed change is a very good attempt on the part of City staff to look at the entire Onaway District and try to come up with some kind of resolution to future problems. He felt that staff had done a very good job. Dick Reiling, Micro Matics, stated he felt that staff had done an excellent job of rectifying the situation. He noted that his property was damaged by fire. Passage of this zoning text amendment would allow him to rebuild his building to the size it was prior to the fire. Doug Petty, 7805 Beech Street, thanked staff for their expedient work on this matter. He noted that most of the residents in the area were in support of this amendment. He extended his sincere thanks to staff. Dick Harris, 6200 Riverview Terrace, stated that he owns parcels in Block 8 and parcels in East Ranch Estates. He wondered if this zoning text amendment would also cover the East Ranch Estate parcels. Ms. Dacy responded that this zoning text amendment would cover the Onaway Addition. A separate application and public hearing process would be necessary for the East Ranch Estates area. Mr. Harris stron�ly recommended that the City consider vacating the alley that runs east/west behind the four non-conforming properties, as the alley is unused and serves no real purpose. He also noted that when he served on the Planning Commission several years ago, he indicated that he felt those four parcels should be acquired by the City. He felt the City should look at this property again to make it into a viable parcel. Mr. Harris said he believed there were differences in allowable uses for the M-1 and M-2 zoning districts. He felt that the City should consider the effects rezoning may have on some of those businesses. With no further c�uestions or comments, there was a MOTION by Councilmember Billings to close the public hearing at 8:30 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OFFICIALLY CLOSED AT 8:30 P.M. 12. REZONING REQUEST, ZOA #98-02, BY ROSLYN PARK WESLEYAN CHURCH, TO REZONE PROPERTY FROM R-2, TWO FANiiLY RESTDENTIAL. TO R-3, MULTI-FAMiLY RESiDENTIAL, SO THAT ALL OF THE CHURCH PROPERTY CiTY COUNCIL MEETTNG OF SEPTEMBER 14 1998 PAGE 9 1S LOCATED WITHTN A SiNGLE ZONiNG DiSTRTCT GENERALLY LOCATED AT 5300 SiXTH STREET N.E. (�VARD 1): MOTION by Councilmember Billings to waive the reading and open the public hearing at 8:31 p.m. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANINIOUSLY AND THE PUBLIC HEARING WAS OFFICIALLY OPENED AT 8:31 P.M. Mr. Scott Hickok, Planning Coordinator, explained that this was a rezoning request from Rosyln Park Wesleyan Church, located at 5300 Sixth Street N.E. They also own the three lots across the alley, along Fifth Street. At the present time, half of the property is zoned R-2, and the other half is zoned R-3. The church was looking at a future expansion and would like to rezone the property now to facilitate their plans. Staff determined that the rezoning rec�uest does meet the criteria and recommended the rezonin;. The Planning Commission also approved the rezoning. There was discussion as to the purpose of the rezoning, especially since churches are allowable uses in both the R-2 and R-3 districts. Mr. Hickok explained that although it would not be required, staff did not discourage the rezoning request, which was discussed at the time the applicant came in to request an alley vacation for the property. Mr. Hickok discussed the request for alley vacation which Roslyn Park Wesleyan Church requested. He noted that there is an alley which currently runs through the center of the church property. To the north is a residential area that shares the alley. One home, in particular, will need to retain their access to their gara�e. Another property owner has his garbage collected from the alley area. The church has put together a proposal that has been reviewed by staff, which would allow access to those residential property owners who want to continue to have access to the alley, while vacatin� a portion for the church's long-ran�e master plan. Mr. Hickok provided plans to indicate the location of the proposed access drive. Mr. Gary Brewster, Pastor of the Roslyn Park Wesleyan Church, stated it is their understanding that if both sides of the alley were zoned the same, it would be helpful in developing the master plan in its entirety. With no further questions or comments, there was a MOTION by Councilmember Billings to close the public hearing at 8:40 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OFFEICIAL CLOSED AT 8:40 P.M. 13. ZONiNG TEXT AMENDMENT ZTA #98-01 BY CELLNET DATA SERVICES (MSP) iNC , TO ALLOW AUTOMATiC METER READiNG DEVICES IN THE PUBLTC RTGHT-OF-WAYS AND ON PUBLiC UTILTTY STRUCTURES: MOTION by Councilmember Barnette to open the public hearing at 8:41 p.m. Seconded by Councilmember Bolkcom. CiTY COUNC(L MEETING OF SEPTEMBER 14 1998 PAGE 10 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANiMOUSLY. Mr. Hickok, Planning Coordinator, explained that Ce11Net Data Services requested a zoning text Amendment to allow the location development of Micro Cell facilities. The Planning Commission considered the request and the lan�uage modifications to the City's existin� telecommunications ordinance at their Au�ust 19, 1998 meeting. Modifications to the ordinance were kept very specific to automatic meter reading devices. Celinet would like to provide language in the code to allow for the placement of ANIRD (Automatic Meter Reading Devices). Mr. Hickok provided a picture of what the micro-cell automatic meter reading devices look like. They would, in most instances be placed on existing Northern States Power poles in approximately 140 locations. Mayor Jorgenson asked what impact these devices would have on children and pets in the residential areas and the effects it would have on invisible fencing in the areas. Robert Egerer, CellNet Data Services, stated that their company operates within a federally licensed band width. It does not interfere with radios, ceilular phones, etc. Councilmember Bolkcom asked how, soon residents would be converted to the automatic meter reading system. Mr. Egerer stated it is their hope that this can be completed by the end of this year. Mayor Jorgenson asked if trees would need to be trimmed to allow for the signal. Mr. Egerer explained that they do a significant amount of survey work prior to the installations. If necessary they may be able to automatically switch the meter reading device over to another reader. With no further questions or comments, there was a MOTION by Councilmember Bolkcom to close the public hearing at 9:01 p.m. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OFFICIALLY CLOSED AT 9:01 P.M. 14. SUPPLEMENTAL PUBLIC HEARING FOR CENTRAL AVENUE IMPROVE-ENT PROJECT NO. ST. 1998-4: MOTION by Councilmember Bolkcom to open the public hearing at 9:02 p.m. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTiNG AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 9:02 P.M. Mr. Jon Haukaas, Assistant Public Works Director, stated that the purpose of the supplemental public hearing was to add properties for possible assessment to the Central Avenue Improvement Project. The original public hearing dealt mainly with the west side of Central Avenue from Rice CITY COUNCiL MEETING OF SEPTENTBER 14 1998 PAGE 11 Creek north to Osborne Road. Since that time, the County has shifted the alignment, and some of the businesses in the area have requested that concrete curb and gutter be added on the east side. In addition, there was a short section of roadway north of 66th Avenue that does not have concrete curb. Mr. Haukaas noted that letters have been received from Medtronic, Inc. and Cummings Power Generation in support of the project and the assessments. In addition, one more letter was received requesting clarification of the assessment policy. Mr. Haukaas requested that it be received into the record. MOTION by Mr. Billings to receive the letter from Richard Weispfenning, 1310 - 69th Avenue N.E., dated September 10, 1998. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRiED UNANIMOUSLY. With no questions or comments, there was a MOTION by Councilmember Bolkcom to close the public hearing at 9:05 p.m. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OFFICIALLY CLOSED AT 9:05 P.M. NEW BUSTNESS: 8. LiCENSES. MOTION by Councilmember Billings to approve the Licenses. Seconded by Councilmember Bolkcom. MOTION by Councilmember Billin�s to AMEND the approval of the Licenses, by removing from the main motion the license for Menard's found on Page 9.1 for Christmas Tree Sales. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANi1Vi0USLY. MOTION by Councilmember Billings to TABLE the Menard's Christmas tree sales license until the September 28, 1998 City Council meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTIIVG AYE, MAYOR JORGENSON DECLARED THE MOTION CARRTED UNANIMOUSLY. MOTION by Councilmember Billings to direct staff to contact Menard's and indicate that their license application has been tabled and to request a meeting with senior management of Menards to discuss the outdoor storage and outdoor sales that have taken place on the site within the last week. Seconded by Councilmember Bolkcom. CITY COUNCIL MEETiNG OF SEPTEMBER 14 1998 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. FiRST READiNG OF AN ORDiNANCE RECODiFYiNG THE FRiDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONiNG", BY ADDiNG NEW SECTION 205.25, "S-3, HEAVY iNDUSTRiAL, ONAWAY ADDiTiON DTSTRTCT"; TO RENUMBER REMAiNTNG SECTiONS IN THE ZONiNG CODE• TO AMEND SECTiON 205.18.03A; AND TO MAKE A CHANGE IN ZONiNG DTSTRTCTS• Ms. Dacy, Community Development Director, explained that this ordinance would create a special district as discussed at the public hearing for the Onaway District, change the minimum lot sizes from 65,340 square feet to 62,000 square feet, and rezone the Onaway Addition to the new special district, S-3, Heavy Industrial Onaway Addition District. MOTION by Councilmember Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Biliings to request that staff work with property owners in the Onaway District who have multiple parcels that are under separate PIN numbers to encourage them to combine them under one PIN number. If the property owner does not wish to do so, staff was requested to work with the City Attorney to find a document that can be filed with Anoka County on those properties so that any subsequent buyers do not purchase a piece of property that is less than 10,000 square feet and later be surprised by something in the future. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DEGLARED THE MOTION CARRIED UNANIMOUSLY. 1G. FIRST READiNG OF AN ORDiNANCE TO AMEND THE CITY CODE OF THE CiTY OF FRTDLEY, MiNNESOTA BY MAKING A CHANGE IN ZONING DiSTRiCTS (REZONiNG REQUEST, ZOA #98-02, BY ROSLYN PARK WESLEYAN CHURCH)(WARD l)• Mr. Hickok, Plannin; Coordinator, explained that this ordinance would rezone the Roslyn Park Wesleyan Church property from R-2 to R-3, to allow them to master plan their site for future development. The Planning Commission recommend approvai of this zoning rec�uest. MOTION by Councilmember Biilings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRiED UNANIMOUSLY. CITY COUNCiL MEETING OF SEPTEN(BER 14 1998 PAGE 13 17. RESOLUTION APPROViNG A VACATiON, SAV #98-02. GENERALLY LOCATED AT 5300 SIXTH STREET N E(ALLEY VACATiON, SAV #98-02, BY ROSLYN PARK WESLEYAN CHURCH) (WARD 1): Mr. Hickok, Planning Coordinator, explained that this is a vacation request that initially involved vacation of the alley from 53rd Avenue to 54th Avenue. The petitioner did work to bring in a 100 percent petition from the neighborhood but discovered that two residents were interested in retaining the alley behind their property. Therefore, he was unable to obtain the 100 percent petition. The church worked with the neighborhood and staff to rectify the situation that would still allow them to eliminate the alley portion on the their lot so that their master plan could expand over the area which is currently the alley. The Planning Commission recommended approval with the following stipulations: 1) the petitioner records an easement to allow garage access for the homeowners at 5329 Fifth Street N.E., 5331 Fifth Street N.E. and 5367 Fifth Street N.E., and any other property owner north who may require al(ey access; 2) the petitioner records an easement over the alley to allow access to the utilities; 3) the petitioner shall record a new easement to allow a utility access alternative prior to issuance of the proposed church expansion on the west end of the existin� church structure; 4) the petitioner shall apply for and receive a special use permit prior to expansion of their church facility; 5) the petitioner shall record an easement to provide Amoco continued rights across the former alley; 6) the petitioner shall provide the improved asphalt or concrete access to Fifth Street in accordance with a plan to be submitted and approved by the City prior to installation; 7) the petitioner shall not alter the alley across its property, or in any way limit access by the adjacent property owners, until the new access has been completed; 8) the petitioner shall hold harmiess the City from any damage or injury that occurs on or over the alley area in the interim, or beyond the vacation approval and completion of the drive access aiternative for the residents still wishing to utilize the alley north of the church property; 9) the petitioner shall provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley; 10) the petitioner shall receive approval for the turning radius which is to be adec�uate to handle emergency vehicles; and 11) the alley shall be sufficiently labeled to prevent the entrance from being blocked. Mr. Hickok stated that the church has made some minor modifications to the language in Stipulation Nos. l, 2, and 6. They have asked that the chan�es be made to read as follows: 1) the City will retain a temporary easement to allow garage access for the homeowners at 5329 Fifth Street N.E., 5331 Fifth Street N.E., and 5367 Fifth Street N.E. and any other property owner north who may require alley access; 2) the City will retain an easement over the alley for utilities; and 6) the petitioner shall provide an easement and improved asphalt or concrete access in accordance with the plan to be submitted and approved by the City prior to installation. Mr. Hickok noted that staff was satisfied with these modifications. However, the church has asked that the City omit Stipulation No. 8. This is something that will require further discussion. Finally, because the property north of the church is Torrens property, and all of them are on separate Torrens certificates, the church would prefer that the resolution bere-written so that everything is included in the resolution, that would allow them to file the resolution on each of those certificates. This would be less costly to them. Mr. Hickok stated that he learned of these requests today, and he would prefer to discuss the matter with the City Attorney before a decision is made on this matter. CITY COUNCiL MEETING OF SEPTEMBER 14 1998 PAGE 14 Councilmember Billinjs noted that the sixty-day limit will expire September 15, 1998. He asked Attorney Knaak if a verbal agreement as to the extension of the application would be legal and appropriate to ailow both the applicant and the City to further review the situation. Mr. Knaak stated this would be an acceptabie. MOTION by Councilmember Billin�s to table consideration of this resolution until the September 28, 1998 City Council Meeting, and ask staff to work aggressively with the petitioner and his representatives to work out the language. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON.DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. FIRST READiNG OF AN ORDiNANCE RECODTFYING THE FRIDLEY CITY CODE. CHAPTER 205, ENTiTLED "ZONiNG" BY AMENDiNG NEW SECTTON 205.29, "0-5 TELECOMMUNiCATTONS TOWERS AND FACiLITiES DiSTRiCT" TO REGULATE AUTOMATiC METER READiNG SYSTEMS BY AMENDiNG THE THTRD "WHEREAS", AND BY AMENDiNG SECTTONS 205 29 O1, 205 29 02, 205.29.03, 205.29.05, 205.59.07, 205.29.19, 205 29 22, 205 29 23; AND BY AMENDTNG SECTION 11.10, FEES (ZONING TEXT AMENDiNG ZTA #98-01 BY CELLNET DATA SERVTCES): Mr. Hickok, Planing Coordinator, explained that this is the legislative item that follows up Council's earlier discussion on CeIINet Data Services. MOTION by Councilmember Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTfON CARRIED UNANIMOUSLY. 19. VAR�ANCE REQUEST, VAR #98-25, BY MARGARET SCHATZ, FIRST iNDUSTRiAL L.P., TO ALLOW THE CONSTRUCTiON OF A NEW UNSCREENED LOADING DOCK ADJACENT TO THE PUBLiC RTGftT-OF- WAY, GENERALLY LOCATED AT 7925 BEECH STREET (WARD 3)• Mr. Hickok, Planning Coordinator, explained that Ms. Schatz is requesting a variance for her property located at 7925 Beech Street to allow dock doors to face a public right-of-way. Code Section 205.18.06G(2) requires that all loading docks be located in the side or rear yard and be screened with a six-foot minimum solid screening fence if visible from the public right-of-way. This property faces Beech Street. The location of the door is directly inside the entrance drive, and it would be difficult to provide adequate screening. The applicant claims a hardship in that the vehicles which are being loaded are substantially lower than the existing dock height doors present on the building, and loading materials from the existing doors could lead to employee injuries or material damaje. Mr. Hickok noted that the City has approved similar variances. The Appeals Commission recommended approval of the variance request, and staff has recommended that Council concur with the Appeals Commission's recommendation. Mayor Jorgenson asked if the other variance CITY COUNC(L MEETiNG OF SEPTEMBER 14 1998 PAGE 15 requests were for the property owner or the lessee. Mr. Hickok noted that one was for the property owner, and one was to accommodate the lessee. Councilmember Bolkcom asked if glass doors are an option. Mr. Dan Shedlor, representing First Industrial, explained that it could be an option; however, of the 21 buildings, 19 have overhead doors. The door is located directly at the entry, and the vehicles which will be loaded are not large trucks. MOTION by Councilmember Bolkcom to concur with the Appeals Commission and to approve Variance Rec�uest #98-25. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRiED UNANiMOUSLY. 20. INFORMAL STATUS REPORTS: Councilmember Bolkcom asked that staff provide an update on the meeting between Ms. Dacy and the County Recyclin� Committee. Mayor Jorgenson reminded residents that Tuesday, September 15 is Primary Election night and she encouraged everyone to cast their vote. Councilmember Bolkcom noted that there was a SOth Anniversary Task Force meeting last week. The Committee is stiil looking for residents to serve on the committee. ADJOURN�iENT: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the regular meeting of the Fridley City Council of September 14, 1998 was adjourned at 9:40 p.m. Respectfully submitted, Tamara D. Saeflce Nancy J. Jorgenson Recording Secretary Mayor MEMORANDUM PLANNING DIVISION DATE: Thursday, September 24, 1998 ,� � TO: William W. Burns, City Managera��' FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator RE: Second Reading on Zoning Text Amendment, ZTA #98-01,CeIINet Data Services (MSP), Inc. On September 2,1998 the Planning Commission held a public hearing and recommended approval of Zoning Text Amendment, ZTA #98-01, by CeIINet Data Services. On September 14, 1998, the City Council held its public hearing on this item and approved first reading of the ordinance. RECOMMENDED ACTION Staff recommends that the City Council approve the second reading of the ordinance as written. 1.01 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING NEW SECTION 205.29, "0 - 5 TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT" TO REGULATE AUTOMATIC METER READING SYSTEMS BY AMENDING THE THIRD "WHEREAS", AND BY AMENDING SECTIONS 205.29.01, 205.29.02, 205.29.03, 205.29.05, 205.29.07, 205.29.19, 205.29.22, 205.29.23; AND BY AMENQING SECTION 11.10 FEES. WHEREAS, On February 8, 1996, Congress enacted the federal Telecommunications Act of 1996, P.L. No. 104-104, to deregulate the telecommunications industry, providing a more competitive environment for wired and wireless telecommunication services in the United States; and WHEREAS, a concomitant effect of increased competition in the market for wireless telecommunications services is an increased demand for antenna sites on Towers and other Antenna Support Structures necessary tor providing wireless service via existing and new technologies; and WHEREAS, the Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction, and modification of Towers, Antenna Support Structures, Wireless Telecommunications Facilities, and Automatic Meter Reading Systems, as hereinafter defined, in order to protect the health, safety, and welfare of the public; and WHEREAS, the City solicited industry comment regarding the Ordinance in order to facilitate industry input and suggestions and concerning the proposed Ordinance and to work through various alternatives and possible revisions in order to best accommodate the needs of the City and the industry. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, AS FOLLOWS: SECTION 1. That Chapter 205 of the Code of Ordinances of the City of Fridley, Minnesota, be, and hereby is, amended by enacting a new Section 205.29, to be entitled, numbered and read as follows: 205.29. 0-5 TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT 1.02 � II. ORDINANCE NO. OFFICIAL TITLE AND SUMMARY Title AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING NEW SECTION 205.29, "0 - 5 TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT" TO REGULATE AUTOMATIC METER READING SYSTEMS BY AMENDING THE THIRD "WHEREAS", AND BY AMENDING SECTIONS 205.29.01, 205.29.02, 205.29.03, 205.29.05, 205.29.07, 205.29.19, 205.29.22, 205.29.23; AND BY AMENDING SECTION 11.10 FEES. Summary The City Council of the City of Fridley does hereby ordain as follows: That Chapter 205 of the code of ordinances of the City of Fridley, Minnesota, be, and hereby is amended by amending section 205.29, "0-5, Telecommunications Towers and Facilities District." The purpose of the amendment is to permit automatic meter reading systems as permitted uses in all zoning districts, subject to the provisions of the "0-5 DistricY' and Chapter 407, "Right-of-Way Management." The ordinance requires the submission of certain application materials, compliance with certain performance standards, and requires payment of certain fees. III. Notice This Title and Summary have been published to ciearly inform the public of the intent and effect of the City of Fridley's Zoning 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 Fridle_y, 6431 University Avenue N.E. Fridley, MN 55432. PASSED AND ADOPTED BY THE CITY�COUNCIL OF THE CITY OF FRIDLEY THE 28T" DAY OF SEPTEMBER, 1998. NANCY J. JORGENSON - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK Public Hearing: September 14, 1998 First Reading: September 14, 1998 Second Reading: September 28, 1998 Publication: � 1. PURPOSE AND INTENT The general purpose of this Section is to create an overlay zone to regulate the placement, construction, and modification of Towers and Wireless Telecommunications Facilities and Automatic Meter Reading Systems in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications market in the City. Specifically, the purposes of this Section are: A. To protect residential areas and land uses from potential adverse impact of Towers and Wireless Telecommunications Facilities; B. To minimize adverse visual impact of Towers and Wireless Telecommunications Facilities through careful design, sitting, landscaping, and innovative camouflaging techniques; C. To promote and encourage shared use/collocation of Towers and existing Antenna Support Structures as a primary option rather than constn.�ction of additional single-use Towers in order to minimize the adverse visual impact of Towers and Wireless Telecommunications Facilities; D. To avoid potential damage to property caused by Towers and Wireless Telecommunications Facilities by ensuring that such structured are soundly and carefully designed, constructed, modified, maintained, located, and removed when no longer used or determined to be structurally unsound; E. To ensure that Towers and Wireless Telecommunications Facilities are compatible with surrounding land uses; F. To facilitate the provision of wireless telecommunications services to the residents and businesses of the City in a streamlined, orderly, and efficient fashion; G. To encourage the location of Towers in industrial and business districts, rather than residential areas. H. To enhance the ability of providers of telecommunication services to provide such service to the community quickly, effectively, and efficiently. To identify specific sites within the City where Wireless Telecommunications Facilities may be located. 1.03 2. DEFINITIONS The foilowing words, terms, and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicated a different meaning: "Antenna Support Structure" means any building or other structure other than a Tower which can be used for location of Wireless Telecommunications Facilities. "Applicant" means any Person that applies for a permit for Wireless telecommunication facilities or Towers. "Application" means #he process by which a Person submits a request to develop, construct, build, modify, or erect wireless telecommunication facilities or a Tower upon land within the City. Application includes all written documentation, verbal statements, and representations, whatever form or forum, made by an Applicant to the City concerning such a request. "Approved Site" means a site which has been approved by the City Council as an eligible location for placement of wireless communication facilities. "Automatic Meter Reading Device" means a device which is designed for collecting, storing, processing, filtering and forwarding utility meter data within the Public Safety and Utility bandwidth licensed by Federal Communications Commission, including any antenna attached to such device. "Automatic Meter Reading System" means a series of devices which is designed for collecting, storing, processing, filtering and forwarding utility meter data within the Public Safety and Utility bandwidth licensed by Federal Communications Commission, including any antenna attached to such device. "City" means the City of Fridley, Minnesota. "Electrical Engineer" means an Electrical Engineer licensed by the State of Minnesota. "Existing Site" means a Tower or Antenna Support Structure for which a permit has not been issued prior to the Effective Date, and which is not located on an Approved Site. "Owner" means any Person with fee simple title to any Approved Site, Existing Site, site approved by special use permit, or Wireless Telecommunications Facility. "Pad Mount Device" means a device which is designed for collecting, storing, processing, filtering and forwarding utility meter data within the Public Safety and Utility bandwidth licensed by Federal Communications Commission, including any antenna 1.04 attached to such device, like the Automatic Meter Reading Device, but , which is installed on its own pedestal and not on an existing public utility structure. "Person" is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. "Pubic Utility Structure" means a structure or pole appropriate for supporting wires for communications or the transmission of data or electricity and located on a public right- of-way or public utility easement or privately owned property. "Satellite Earth Station Antenna" is all equipment necessary for processing of traffic received from terrestrial distributions prior to transmission via satellite and of traffic received from the satellite prior to transfer of channels of communication to terrestrial distribution systems. "State" means the State of Minnesota. "Structural Engineer" means a structural engineer licensed by the State of Minnesota. "Tower" means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports Wireless Telecommunications Facilities. The term Tower shall not include amateur radio operator's equipment, as licensed by the FCC. "Wireless Telecommunications Facilities" means any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications (other than radio or television broadcast communications) which a person seeks to locate or have installed upon or near a Tower or Telecommunications Facilities shall not include: A. Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial; and B. Any satellite earth station reception antenna one meter or less in diameter, regardless of zoning category; and C. Automatic Meter Reading Systems. 3. NON-CONFORMING USES A. Existing Sites shall be considered a legal non-conforming use, unless otherwise provided for in this Chapter. B. Installation of additional Wireless Telecommunications Facilities beyond those in existence on the Effective Date of this Ordinance on Existing Sites is prohibited. Failure to comply with this provision will be considered a violation of this Chapter and subject to the penalties described herein. Routine maintenance of Wireless Telecommunications Facilities on existing Sites is permitted, except 1.05 that Existing Sites and any Wireless Telecommunications Facilities installed on Existing Sites may not increase in size, height, weight, or otherwise result in an increase in the intensity of the non-conforming use. C. If any Wireless Telecommunications Facilities in an Existing Site are abandoned for a period of one year, such Existing Site shall loss its legal nonconforming status and shall be considered illegal nonconforming use. The abandoned Wireless Telecommunications Facilities shall not be reestablished on the site, and must be removed within finrelve (12) months of cessation of operations. If not removed, the City may remove the facility and assess the costs of removal against the Owner (s). 4. DISTRICT BOUNDARIES FOR OVERLAY ZONE A Telecommunications Towers and Facilities District, 0-5, is created and shall apply to all land within the City subject to the provisions and use requirements contained in this Section. 5. USES PERMITTED A. The construction of Towers and the installation, operation, and maintenance of Wireless Telecommunications Facilities shall be permitted use in the Approved Sites identified on Appendix A to this Ordinance, subject to the provisions of this Chapter. Additional Approved Sites may be approved by the City Council, subject to the amendment procedures set forth in Section 205.05.03 of the City code, and the requirements of this section. B. All principal, special use, and accessory uses allowed in each underlying primary zoning district are permitted in the Telecommunications Towers and Facilities District, except that no Towers shall be constructed, and no Wireless Telecommunications Facilities shall be placed on Towers or Antenna Support Structures, except as provided for in this Chapter. . C. Special Uses. The construction of Towers and the installation, operation, and maintenance of Wireless Telecommunications Facilities shall be a special use in Zoning Districts M-1, M-2, M-3, and M-4, and any abutting railroad rights-of-way, subject to the special use approval procedures set forth in Section 205.05.04 of the Code. D. Automatic Meter Reading Devices may be allowed on public utility structures as a principal use in all zoning districts, subject to the provisions of this Ordinance and Chapter 407, "Right-of-Way Management." In addition, all Automatic Meter Reading Systems must meet the following performance standards: 1.06 (1) All Automatic Meter Reading Devices located in the public right-of-way, m�st obtain a Automatic Meter Reading Device permit and pay the appropriate registration fee, as provided for in Chapter 407. (2) Mapping information for the site(s) must be provided with the Automatic Meter Reading Device permit application in a format compatible to be utilized by the City of Fridley's Geographic Information System (GIS). (3) All Automatic Meter Reading Device must be located no higher than the top and no closer to grade than fifteen feet of a public utility structure. (4) Automatic Meter Reading Devices not installed on a public utility structures will be considered as pad mount design. Its location shall be subject to review and approval of the City prior to permit application. (5) All Automatic Meter Reading Devices must be the same color as the public utility structure on which they are located or as approved by City Staff. 6. CRITERIA FOR ADDING APPROVED SITES TO APPENDIX A Additional Approved Sites, other than those provided in Appendix A to this Ordinance, shall be approved by the City Council according to the amendment procedures of Section 205.05.03 of the City code. The criteria used to determine whether a site shall be designated as an Approved Site shall include, but not be limited to, the following requirements: A. Whether the proposed new site is capable of being developed to support more than finro operating Wireless Telecommunications Facilities comparable to the others in weight, size, and surface area. B. Whether the proposed new site poses a risk of explosion, fire, or other danger due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals; and C. Whether the proposed new site is necessary and that useable Approved Sites are not located within a one-half (1/2) mile radius of the proposed new site; and D. Whether all foreseeable telecommunications uses of the proposed new site could comply with the setback requirements of the underlying zoning district; and E. Whether all foreseeable telecommunications uses of the proposed site could comply with any separation and buffer requirements of the underlying zoning district; F. Whether the proposed site is accessible for service vehicles; 1.07 G. If applicable, whether the proposed site has been designed and certified by an Structural Engineer to be structurally sound and, at minimum, in conformance with the Building and Electric Codes adopted by the City, the National Electric Safety code, and any other standards and requirements outlined in this Section. H. If applicable, whether the Approved site complies with all applicable Federal Aviation Administration lighting and painting regulations. Whether the proposed site will further the City's objective that all Towers, Antenna Support Structures, and Wireless Telecommunications Facilities be designed to blend into the surrounding environment. J. Whether the proposed site has adequate open space to allow Wireless Telecommunications Facilities to be installed without detrimentally impacting landscape, displacing parking, or impeding sight lines of a current or future principle use. K. Whether the proposed site adequately contributed to the City's overall effort to adequately meet the needs of the wireless telecommunications industry. L. Whether the proposed site has amenities such as trees that will allow screening and sight line relief. If no, whether the combination of site size and other site features help to provide sight line relief. M. Whether there are other structures near the proposed site that can serve as visual distractions such as high power transmission structures, highway shoring, billboards. N. Whether there are existing buildings or natural topographic features that meet the height requirements of Wireless Telecommunications Facilities without a tower structure, or which allow for a lower overall height of any necessary Tower. O. Whether there is adequate space on the proposed site so that the base of any necessary Tower can accommodate essential equipment. P. Whether the proposed site is outside of any underlying residential zoning districts. Q. Whether housed equipment can be placed on top or on the side of a structure that currently existing in the proposed site. 7. APPLICATION FOR PLACEMENT OF TOWERS OR WIRELESS TELECOMMUNICATIONS FACILITIES IN THE CITY 1.08 A. All persons seeking to install, operate and maintain Towers or Wireless Telecommunications Facilities in Approved Sites in the City must fife an Application with the City which shall include: (1) The name, address, and telephone number of the Applicant; and (2) Written, technical evidence from a qualified and licensed Structural Engineer that the proposed Tower or antenna support structure is capable of supporting the equipment necessary to install, operate, and maintain the proposed antenna. The engineer shall also certify the capability of the Tower in view of existing or other proposed antenna installations. The engineer shall also assess and state the design safety margin of the entire antenna support system. The engineer shall state that within the limits of engineering certainty, if the structure should fall or collapse for any reason or due to any event, the structure will be completely contained within the area identified; and (3) If proposed on a City-owned site, a completed application form for lease approval as provided by the City; and (4) A report from a qualified and licensed professional engineer which described the height and design of the proposed Wireless Telecommunications Facility including a cross-section and elevation; and (5) Site plan drawn at an engineering scale showing the location of the Wireless Telecommunications Facility in relation to surrounding structures; and; (6) If located on a water tower, a written report addressing the requirements contained herein for water towers; and (7) Foundation, cross-section, and building plans for installation of the Wireless Telecommunications Facility; and (8) An Application fee as required by Chapter 11; and (9) The Application shall also contain an affirmative statement indicating that the Applicant agrees to comply with the provisions in Section 205.23. regarding abandonment; and (10) No new or existing wireless telecommunications service will interfere with public safety telecommunications. Before the introduction of new service or before implementing any change in existing service, all wireless telecommunications service providers shall notify the City at least ten (10) calendar days in advance of such changes and allow the City to monitor interference levels during the testing process; and 1.09 (11) Application for a building permit from the City pursuant to Chapter 206 of the Code; and (12) A statement as to whether the proposed development of Approved Site is capable of being developed to support more than two operating Wireless Telecommunications Facilities comparable to the others in weight, size, and surface area; and (13) Written, technical evidence from an independent consulting engineer licensed to practice geological engineering in the State of Minnesota confirming that the soil at the location of the Tower or Wireless Telecommunication Facility is capable of supporting the proposed antenna arrays, equipment, and personnel performing typical work functions; and (14) A landscaping plan showing location of materials, height at planting, types of materials, and installation practices. B. All information submitted with an Application that is trade secret information or is for other reasons proprietary shall be clearly marked as such when submitted with an Application. The City shall not disclose publicly, or to any third party, proprietary information unless compelled to do so by federal, state, or local law. C. All persons seeking to install, operate, and maintain Towers or Wireless Telecommunications Facilities in M-1, M-2, M-3, or M-4 Zoning Districts as a special use permit shall submit the information required in 205.28.07.A, except items (3) and (11). 7.5 APPLICATION FOR AN AUTOMATIC METER READING DEVICE IN THE CITY A. All persons seeking to install, operate and maintain Automatic Meter Reading Systems in the City must file an application with the City, which shall include: (1) The name, address and telephone number of the applicant and property owner; and (2) Written, technical evidence from a qualified Structural Engineer that the integrity of the structure on which a proposed Automatic Meter Reading Device(s) will be attached and the attachment device itself will not jeopardize the structural integrity of the public utility structure; and (3) A location plan matching the public utility structure identification (address) and the appropriate Automatic Meter Reading Device; and 1.10 (4) An individual Automatic Meter Reading Device permit fee as required by Chapter 11; and (5) The application shall contain an affirmative statement indicating that the applicant agrees to comply with the provisions in Section 1112.23. regarding abandonment; and (6) No Automatic Meter Reading System will interfere with public safety telecommunications. Before the introduction of new service or before implementing any change in existing service, all Automatic Meter Reading System operators shall notify the City at least ten calendar days in advance of such changes and allow the City to monitor interference levels during the testing process. B. All information submitted with an application that is trade secret information or is for other reasons proprietary shall be clearly marked as such when submitted with an application. The City shall not disclose publicly, or to any third party, proprietary information unless compelled to do so by federal, state or local law. 8. APPLICATION PROCESS A. Upon submission of an Application on an Approved Site, the City shall notify the Applicant in writing to confirm if the Application is complete addressing all of the requirements as required by this Section. If the Application is incomplete, the letter will specify what information is missing and the Applicant must then submit a new Application. If an Application is submitted on an Approved Site which is owned by the City, a lease agreement must be approved by the City Council. The City shall comply with the time deadlines for agency action as dictated in Minnesota State Statutes. Construction or installation on Approved Sites may begin upon approval of the lease agreement, if necessary, and issuance of a building permit. B. If a Tower or Wireless Telecommunications Facility is approved by a special use permit, the Applicant must also apply for and receive a building permit. 9. TOWER HEIGHT Tower height shall be measured from the average adjoining grade to the highest point of construction of any Tower or Wireless Telecommunications Facilities. Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of one hundred twenty-five (125) feet. 1.11 10. STEALTH DESIGN AND EXTERIOR FINISHES All Approved Sites, Towers, and Wireless Telecommunications Facilities shall be designed to blend into the surrounding environment. Monopoles with antenna arrays shall be finished so as to be compatible with other buildings or structures in the area, and shall be finished with a non-corrosive material. Wireless Telecommunications Facilities placed on water towers shall be finished with a non-corrosive material to match the color of the water tower. 11. ILLUMINATION Towers shall be artificially illuminated except as required by the Federal Aviation Administration ("FAA"). Upon commencement of construction of a Tower, in cases where there are residential uses located within a distance of three hundred (300) feet from the Tower, and when required by federal law, dual mode lighting shall be requested from the FAA. 12. LANDSCAPING AND SCREENING All sites shall include appropriate landscaping as required herein and shall comply with all landscaping requirements of the underlying zoning district. Accessory above-ground equipment must utilize existing buildings or structures, if possible. If no existing structures are available, the Owner of the Wireless Telecommunications Facilities may construct such a structure. At minimum, all ground equipment shall be fully screened from public rights-of-way or residential property by existing structures, a brick decorative wall, or a solid one hundred percent opaque vegetative enclosure, six feet in height at planting. 13. SECURITY All towers must be reasonably posted and secured to protect against trespass. Chain link fences may be used to protect Towers and Wireless Telecommunications Facilities. Barbed or razor wire is prohibited. All facilities shall be designed to discourage unauthorized climbing on the structure. 14. INSTALLATION REQUIREMENTS ON WATER TOWERS AND IN CITY Installation of Wireless Telecommunication Facilities on water towers will be permitted when the City is fully satisfied that the following requirements are met. A. The Wireless Telecommunications Facility will not increase the risks of contamination to the City's water supply. B. There is sufficient room on the structure and/or in the grounds to accommodate the Wireless Telecommunication facility. 1.12 C. The presence of the Wireless Telecommunication Facility will not increase the water tower or reservoir maintenance costs to the City. D. The presence of the Wireless Communication Facility will not be harmful to the health of workers maintaining the water tower or reservoir. E. All state and federal regulations pertaining to non-ionizing radiation and other health hazards has been satisfied. 15. BUILDING PERMIT REQUIRED A building permit is required for installation of any Tower or Wireless Telecommunications Facility. The completed installation, including all associated buildings, shall comply with all applicable building codes including but not limited to N.F.P.A. 70 National Electrical Code, EIA 222 Structural Standards for Steel Antenna Towers, and others as may be determined by the Building Official. 16. SETBACKS The tower or wireless Telecommunications Facility shall be located in rear or side yard areas and shall be set back at least ten (10) feet from side or rear lot lines. 17. SIGNS Warning or equipment information signs are the only permitted signage associated with the Tower or Wireless Telecommunications Facility. 18. CERTIFICATIONS AND INSPECTIONS A. All Towers and Wireless Telecommunications Facilities shall be periodically reviewed by the City to be structurally sound and in conformance with the requirements of the City building code, this Chapter, any conditions of approval placed on a special use permit and all other construction standards set forth by the City's Code, and federal, state, and local law. Existing Sites may be inspected for compliance with this Section at any time if the City believes there are questions regarding compliance with the City building code, this Section, any conditions of approval placed on a special use permit, all other construction standards set forth in the City's Code, and all other federal, state, and local laws. B. The City and its agents shall have authority to enter onto any Approved Site, Existing Site, or site approved by special use permit befinreen the inspections and certifications required above, to inspect the site for the purpose of determining whether the Sites comply with the City's Building and Electric Codes, the 1.13 National Electric Safety Code and all other construction standards provided by the City's Code and federal and State law. C. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the Owner (s). All expenses related to such inspections by the City shall be borne by the site Owner(s) 19. MAINTENANCE A. Ordinary and reasonable care of Towers, Wireless Telecommunications Facilities and Automatic Meter Reading Systems/Devices shall be employed at all times. All Towers, Wireless Telecommunications Facilities and Automatic Meter Reading Systems shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person. B. Owners shall install and maintain Towers, Wireless Telecommunications Facilities and Automatic Meter Reading Systems/Devices in substantial compliance with the requirements of the National Electric Safety Code and all FCC, State and local regulations, and in such manner that will not interfere with the use of other property. C. All maintenance or construction on Towers, Wireless Telecommunications Facilities or Automatic Meter Reading Systems/Devices shall be performed by qualified maintenance and construction personnel. D. All owners of Wireless Telecommunications Facilities and Automatic Meter Reading Systems/Device shall maintain compliance with current radio frequency emission standards of the FCC. In order to provide information to its citizens, copies of all FCC information concerning Wireless Telecommunications Facilities and Automatic Meter Reading Systems/Device shall be made available to the City and updated annually. E. In the event the use of a Tower, or a public utility structure, or a Wireless Telecommunications Facility or a Automatic Meter Reading System/Device is discontinued by the owner of the Wireless Telecommunications Facility or Automatic Meter Reading System, or in the event an owner files notice to the FCC of its interest to cease operating the owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. 1.14 20. PRIORITY FOR USE Priority for use of the installation, maintenance and operation of Towers and Wireless Telecommunications Facilities will be given to the following entities in descending order: A. City of Fridley. B. Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the City of Fridley and private entities with a public safety agreement with the City of Fridley. C. Other governmental agencies, for uses which are not related to public safety. D. Entities providing licenses commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public. 21. CO-LOCATION Towers shall be designed to support more than two Wireless Telecommunication Facilities. 22. FEES The applicant shall pay the fees requested by Chapter 11 for processing a request to install, operate, and maintain a Tower, public utility structure, pad mount device, or a Wireless Telecommunications Facility or a Automatic Meter Reading System and/or Devices in the City. If deemed as necessary due to the nature of the application, the applicant shall also be require to reimburse the City for its cost to retain a consultant to review the requested application. 23. ABANDONMENT If any site for which approval to install, maintain, and operate a Tower, or a public utility structure, or Wireless Telecommunications Facilities or Automatic Meter Reading Systems has been granted by the City shall cease to be used for a period of 365 consecutive days, the City shall notify the Wireless Telecommunications Facility operator, Automatic Meter Reading Device Operator and the owner of the property, that said site has been deemed abandoned. Upon a finding of abandonment by the City, the Tower, or a public utility structure, or Wireless Telecommunications Facilities or Automatic Meter Reading Systems that have been abandoned may must be removed or an annual user fee shall be paid to the City. If it is determined that the abandoned Tower, or public utility structure or Wireless Telecommunications Facility or Automatic 1.15 Meter Reading System cannot be removed in a reasonable time period by the owner, the City shall assess all costs related to the removal to the owner(s). 24. SEVERABILITY ff any clause, section, or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. 25. VIOLATION Any person who shall violate any of the provisions of this Section shall be guilty of a misdemeanor and subject to the provisions of Chapter 901 of the Fridley City Code. 1. �s 11.10 FEES License and permit fees shall be as follows: CODE 205.29 SUBJECT Review request to add an Approved Site Special Use Permit for Towers and Wireless Telecommunications Facilities Review an Approved Site Application Consultant expertise to review Tower and Wireless Telecommunications Facilities Building permit Inspection of sites Individual Automatic Meter Reading System Permit 1.17 FEE $500 $400 $400 Applicant to fully reimburse costs As required by Uniform Building Code As required by Uniform Building Code $25 per facility PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14T" DAY OF SEPTEMBER, 1998. ATTEST: DEBRA SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: 1.18 NANCY J. JORGENSON - MAYOR MEMORANDUM DEVELOPMENT DIRECTOR DATE: September 24, 1998 TO: William Burns, City Manager�� FROM: Barbara Dacy, Community Development Director SUBJECT: Second and Final Reading of an Ordinance creating S-3, Heavy Industrial Onaway Addition District The City Council approved for first reading the attached ordinance which creates a new special district for the Onaway Addition. The ordinance also reduces the minimum lot area requirement in the M-2, Heavy Industrial District from 1.5 acres to 62,000 square feet. The City Council at the September 14, 1998, meeting asked staff to further research the lot area issue for those lots affected by the lot area change. There were fourteen lots of concern that are located along Ranchers Road and Main Street. (see attached maps). Engineering staff verified the lot areas of each lot using the dimensions from the recorded plat and the Auto-Cad System. Only two lots would remain non-conforming after reducing the lot area requirement to 62,000 square feet. It was also determined that two of the lots at the northwest corner of Ranchers Road and 79`� Avenue were in fact zoned M-1, Light Industrial District. One of these lots was indicated on the map as M-2. Each of these lots do meet the lot area requirement of 3/< of an acre as stipulated in the M-1, Industrial District. Two more lots located at the southeast corner of 79`� Avenue and Ranchers Road were discovered to be approved by a 1976 lot split for a"0" lot line building. Given this analysis staff recommends the Council proceed to adopt the attached ordinance as presented. Staff will continue to evaluate alternatives for the remaining non-conforming lots. Recommendation Staff recommends the City Council adopt the second and final reading of the attached ordinance (the approval of the summary ordinance is also scheduled on this agenda). BD\jt M-98-198 2.01 Y � �a a � q z ►� � L� ��y J O�� N �O M "� y � o �� n H O J �� t v� � Z O r� H A Q A GC «� S H H W H a � H W _ 2 a GC H y Q W (a. v y °n N � ~ J O � J v ��t'� H � �� M ~ J G � J � H J a � � Q V H � � C�3 H 0� If� .r � O y I�A N �O � N ~ �J O � � I F- La. "r N f� J O� M N � +- � C�i N H L� if� y N �� M N �0 � 4. l� p �'� ef .� H .� N O (� O M O M � H A N `� _ a o � �� A 'J Z O V � W H � W �N y I- O pJq � Q J � W � _ � a � H a W �M �' y J� � � a 2.03 ao� ( ss � 7�ee t i� l � � j ) e�o (») eo�o l �` 1 e�n ( �! 1 e000 ( 2� l e000 ( zi ) e000 ( 2� ) � 0 � 79A0 � 791U ( to ) � l sa l ❑ � � �o � ( �� 1 ��:�� 36 ) � 7�Z ( 24 J �� , _ 2.04 �eo l 21) 790D ( 2! ) 81st Avenue N.� � (s � e000 ( s� ) e000 ( i� 1 � �.i .? z c.. a, Q � a� � c' y...� � d a> '., 796g � :..� r. ( s� ) � ' .� � � t =� ) 7�A t � ) 79th Avenue 2.05 R�rr� Avam�a N,E, • • wla, � . � � '' Q � a.> U �.� C%] � � -� c.� h � C� .,.'�., � � .—�- ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZOI�TING", BY ADDING NEW SECTION 205.25, "S-3, HEAVY INDUSTRIAL, ONAWAY ADDITION DISTRICT"; TO RENUMBER REMAINING SECTIONS IN THE ZONING CODE; TO AMEND SECI'ION 205.18.03.A.; AND TO MAKE A CHANGE IN ZOI�TING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. That Chapter 205 of the Code of Ordinances of the City of Fridley, Minnesota, be, and hereby is, amended by enacting a new Secrion 205.25, to be enritled, numbered and read as follows: 205.25 S-3 HEAVY INDUSTRIAL, ONANWAY ADDITTON DISTRICT 1. TITLE This Secrion shall be referred to as the "Onaway Addition" special district. PURPOSE The purpose of this special zoning district is to: A. Change the present "legal, nonconfornung use" status of the industrial buildings on lots below 1.5 acres (65,340 square feet) to a"conforming use" status. B. Establish appropriate performance standards to address the existing condirions of the neighborhood, while promoting development which does not create adverse impacts to the health, safety, and welfare of the general area. C. Encourage addirional expansion, investment, and industrial development in the Onaway Addirion. D. Establish performance standards to create attracrive front yards and entrances to industrial properties, and to appropriately screen outdoor storage and loading activities. DISTRICT BOUNDARIES The district shall include all lots platted in Blocks 1 through 8, Onaway Addition as recorded at Anoka County, Minnesota. 4. USES PERMITTED A. Principal Uses. The following are principal uses in the S-3 District: (1) � Wholesaling, warehousing, manufacturing, construcrion or service uses which will not be dangerous or otherwise detrimental to persons residing or working in the vicinity and will not impair the use, or value of any property but not including any uses excluded hereinafter. (2) Equipment assembly plants. (3) Dry cleaning plants and laundries. (4) Raikoad lines, spurs, passenger and freight depots. (5) Heavy duty repair gazages. 2�.�7 (6) Transformers, pumping starions and substarions. (7) Repair garages. (8) Automobile Service Starions. B. Accessory Uses. The following are accessory uses in the S-3 District: (1) Retail sales or servicing of products manufactured or warehoused. (2) Offces associated with the principal use. (3) A dwelling for a watchperson subject to the following condirions: (a) Any dwelling unit located in an industrial struchue shall not occupy the front half of a ground floor or basement. (b) Any dwelling unit in an industrial building shall not contain more than one (1) bedroom. (c) No detached dwelling unit shall be permitted in this district. (d) A dwelling unit shall be a part of the principal building and shall be provided with an outside entrance. (4) Off-street parking faciliries. (5) Off-street loading facilities. (6) Solar energy devices as an integral part of the principal structure. (7) Business signs for uses pernutted. C. Uses Permitted With A Special Use Permit The following uses are uses permitted with a Special Use Permit in the S-3 District: (1) Offices not associated with the principal use provided that: (a) The parking supply shall be in compliance with the requirements of Section 205.18.5., of the City code and be sufficient to support full occupancy of the building. Parking requirements shall be determined, by the City, for each tenant prior to occupancy. (2) Commercial retail, service uses and Class I restaurant uses within offce and/or industrial buildings which are supplemental to, and for the convenience of, the operarion of the zoning district and which provide goods and services which are primarily for the use of persons employed in that district. Upon approval of a special use pemut, these types of commercial tenant shall be approved for occupancy upon satisfying all applicable City requuements without addirional special use permits, provided that: (a) The maximum gross floor area occupied by such uses shall not exceed 20% of the total gross floor area of the building, with no individual tenant exceeding 3,000 square feet; (b) The parking supply shall be in compliance with the requirements of Section 205.18.5., of the City code and be sufficient to support full occupancy of the building. Parking requirements shall be deternuned by the City for each tenant prior to occupancy; (c) Only wall mounted signs, subject to the limitarions of Secrion 214 of the City Code, shall be pernutted; and 2.�8 (d) The building owner and/or agent shall be responsible for informing any prospective tenant that the property is for industrial use. (3) Commercial retail, service uses and Class II restaurants within office and/or industrial buildings, including those with drive-through components, such as banks, cleaners, photo shops, fast food restaurants, and similar uses shall be considered for a special use permit on an individual basis, provided that: (a) The maximum gross floor area occupied by such uses, and other commercial uses, as pemutted by special use pernut, shall not exceed 30 percent of the buildings total floor area with no such individual tenant exceeding 5,000 square feet; (b) The parking supply shall be in compliance with the requirements of Secrion 205.18.5. of the City code and be sufficient to support full occupancy of the building. (c) Only wall mounted sign, subject to the limitarions of Secrion 214 of the City Code, shall be pernutted; (d) The proposed use shall only be pernutted when it can be demonstrated that their operarion will not generate levels of traffic which reduce "The Existing Level of Service", as defined by the Insritute of Traffic Engineers, on streets at intersecrions; (e) The proposed use, in the opinion of the City Council, shall be comparible with the area in which it is proposed to be located; and (� The building owner and/or agent shall be responsible for informing any prospective tenant that the property is zoned for industrial use. (4) Commercial recreation uses subject to the condirions outlined in 3b - 3f above; maximum gross floor area for both tenant size and percent of total building shall be considered on an individual case by case basis. (Ref. 900) (5) Wind generators and other tower mounted energy devices. (6) Solar energy devices NOT an integral part of the principal structure. (7) Radio transmitters and microwave towers. (8) Bulk gasoline and oil starions, except tank farms or oil transportarion terminals, provided all applicable safety regulations aze in compliance. (9) The issuance of a special use permit shall be required before any of the following uses shall be established, reconstructed, structurally altered, enlarged or moved. (Ref. Ord. 995) (a) Fat rendering. (b) Fertilizer manufacture. (c) Gas, illuminating or heating, manufachue. 2.09 (d) Glue manufacture. (10) Railroad yards, roundhouses, raikoad repair shops, switching yards, piggyback yards and rail truck transfer terminal facilities provided that no such uses shall be within 1,500 feet of any residential dishict. (11) Junk yards or the baling of material when totally enclosed within a building structure and the Council approves the location proposed. (12) Exterior storage of materials, equipment, or motor vehicles, incidental to the principal operarion of the use, except under the following condirions: (Ref. Rod. 995) (a) Motor vehicle storage is conducted as provided in Secrion 205.18.08.D. (5)•; (b) Materials, motor vehicles, and equipment are kept in a building or are fully screened so as not to be visible from: (i) residenrial district adjacent to the use, or (ii) a residential district across a public right-of-way for the use, or (iii) a public park adjacent to the use, or (iv) a public right-of-way adjacent to the use. (c) Materials, motor vehicles; and equipment stored outside do not exceed fifteen (15) feet in height; (d) Screening materials are provided as in Secrion 205.18.06.G.(1). (a). (13) Sexually oriented businesses as defined and regulated in Chapter 127 of the Fridley City Code. Sexually oriented businesses in multi-tenant buildings shall meet the standazds required for commercial uses as stated in Secrion 205.18.O1.C. (3). (Ref. Rod 966) D. Additional Restricrions. For uses, other than principal uses, requirements as to lot size, setbacks, building, parking, landscaping, screening, etc., shall be at least comparable to similar uses in other districts, but also subject to addirional provisions as provided by the City. 5. USES EXCLUDED A. Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in the S-3 District. B. Uses which may be dangerous or otherwise detrimental to persons residing or working in the vicinity or to the general welfare and which may impair the use, enjoyment or value of any property. C. Manufacture of acetylene, acid, or any other type explosive. D. Stock yards or slaughter houses, except of poultry or rabbits. E. Nuclear processing or storage facilities. 2.10 F. Gas fired foundries. G. Asbestos manufacturing faciliries. H. Trucking Terminals. I. Uses whose principal operarion requires the outdoor storage of materials, motor vehicles, or equipment, including the outdoor manipularion of said materials, motor vehicles, or equipment. 6. LOT REQUIREMENTS AND SETBACKS A. Lot area. A lot area of not less than 10,000 square feet is required for one (1) main building. B. Lot Width. A lot width of 80 feet is required at the required front setback. C. Lot Coverage. (1) The maximum percent of the area of a lot allowed to be covered by the main building and all accessory buildings is as follows: (a) One (1) Story - forty percent (40%) maximum; fifiy percent (50%) with a special use pernut as provided in (4) below. (b) Two (2) Story - thirty-five percent (35%) maximum; forty-five percent (45%) with a special use pemut as provided in (4) below. (c) Three (3) Story - thirty percent (30%) maximum; forty percent (40%) with a special use permit as provided in (4) below. (d) Four (4) Story - twenty-five percent (25%) maximum thirty-five percent (35%) with a special use pernut in (4) below. (e) Five (5) Story - twenty percent (20%) maximum; thirty percent (30%) with a special use pernut as provided in (4) below. ( fl Six (6) Story - fifteen percent (15%) maxnnum; twenty-five percent (25%) with a special use pemut in (4) below. (2) The above lot coverage will be subject to other considerations including parking and open space requirements, use of faciliries, and proximity to other districts, which may decrease the maxunum lot coverage. (3) The lot coverage may be reduced by the City if and when there is provision for underground parking within the main structure provided that the lot coverage shall not be more than forty percent (40%). 2.11 (4) The lot coverage as stated in (1) above may be increased up to a maximum of ten percent (10%) of the lot area upon obtaining a special use permit. In addirion to the requirements of this Secrion and the factors idenrified in Secrion 205.05.04 to evaluate special use permit requests, the City shall consider the following factors in determining the effect of the increase in lot coverage: (a) For existing developed properties, the total amount of existing hardsurface areas shall be evaluated to determine whether a reduetion in the total building and parking coverage can be achieved. (b) The peritioner shall prove that all other ordinance requirements are met, including but nit limited to, parking, storm water management, and landscaping. D. Setbacks. (1) Front Yard: A front yard depth of not less than thirty-five (35) feet is required for all pemutted buildings and uses. (2) Side Yard: Two (2) side yards are required, each with a width if not less than five (5) feet except: (a) Where a driveway is to be provided in the side yard the minimum required side yard increases to twenty (20) feet. (b) Where a side yard abuts a street of a corner lot, the side yard requirement increases to a minimum of twenty-five (25). (c) No side yard is required where a common wall is provided between two (2) buildings which meet the requirements of the Building Code. � (3) Rear Yard: A rear yard depth of not less than five (5) feet is required, with an addirional foot of rear yard depth for each four (4) feet or portion of building height over thirty-five (35) feet. (4) Addirional Setback Restricrions: Whenever any industrial district is adjacent to our adjoins on any other district, permitted buildings and uses, except automobile parking and loading spaces, driveways, essential services, walks and planting spaces shall not be: (a) Closer to a street right-of-way line, abutting a residential district, than 100 feet. (b) Closer to the alley right-of-way line than twenty-five (25) feet. (c) Closer to the boundary line of any commercial district than thirty-five (35) feet. 2.12 (d) Closer to the boundary line of a residential district than fifty (50) feet. (e) Where dense, natural vegetarion, trees and screening exist, the fifty (50) foot residenrial buffer will be retained and maintained as established by the City. 7. BUILDING REQUIREMENTS A. Height. Building height shall be a maximum of six (6) stories not exceeding sixty-five (65) feet provided that no building shall be erected to a height exceeding forty-five (45) feet within fifty (50) feet of any R-1 or R-2 residential district unless one (1) addirional foot of setback can be provided for each one (1) foot of building height or portion thereof exceeding forty- five (45) feet. B. Exterior Materials. The type of building materials used on exterior walls shall be face brick, natural stone, specifically designed precast concrete, factory fabricated and fmished metal frame paneling, glass or other material approved by the City. PARKING REQUIREMENTS A. Reduction of Pazking. Reduction of parking stalls may be allowed when the provision of space required for parking stalls, due to the particular nature of the proposed use or other considerarions, would be an unnecessary hardship. Adequate open space shall be provided to sarisfy the total number of required parking stalls. B. Additional Parking. When the provisions for parking space required for specific dishict uses is inadequate, the City may require that additional off=street parking be provided. C. Parking Ratio. (1) For office use at least one (1) off-street parking space shall be provided for each 250 square feet of office space use. (2) For retail use at least one (1) off-street parking space shall be provided for each 150 square feet of retail space use. (3) For manufachuing uses at least one (1) off-street parking space shall be provided for each 400 square feet of manufacturing space use. (4) For warehouse and storage use at least one (1) off-street parking space shall be provided for each 2,000 square feet of space use. 2.13 (5) For specularive building use at least one (1) off-street parking space shall be provided for each 500 square feet of floor area on lots of more than one and one-half (1-1/2) acres. (6) For speculative building use, at least one (1) off-street parking space shall be provided for each 700 square feet of floor azea on lots of less than one and one-half (1-1/2) acres. (7) The specularive parking rario will be used for all mixed uses unless the owner agrees to enter into a written agreement, in recordable form, with the City, in which the owner represents to the City what the ratio of all uses in the building will be upon this happening, the parking ratio for the building will be determined on a pro-rata basis by the parking ratio per the number of square feet for each type of use which the owner represents will be located in the use which the owner represents will be located in the building. After execurion of this agreement, any changes to the specified uses will require a special use permit from the City. (8) At least one (1) handicap off-street parking space shall be provided for each fifty (50) spaces or fraction thereof. D. Design Requirements: (1) Drainage: All driveways and parking areas, except those for less than four (4) vehicles, shall be graded according to a drainage plan which has been approved by the City. (2) Lighting: Any lighting used to illuminate an off-street parking area shall be shaded or diffused to reflect the light away from the adjoining property and traffic. (3) Curbing: The entire perimeter of all parking azeas in excess of four (4) stalls, access driveways, huck loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a poured six (6) inch high concrete curb and gutter. (a) Curbing shall be required around safety islands. (b) Curb cuts and tamps for the handicapped shall be installed as required by State law. (c) Construction shall be in accordance with curbing specifications on file at the City. (d) The City may exempt curbing: 2.14 (1) Where the parking lot direcdy abuts a sidewalk which is sufficiently higher than the grade of the parking lot and sarisfies the curbing requirements. (2) Where the City has approved future expansion. (4) Driveway Requirements. (a) A maximum driveway width of thirty-two (32) feet at the curb opening, excluding the entrance radii can be constructed. (b) The parking aisle shall be a minimum of twenty-five (25) feet in width for two-way traffic and eighteen (18) feet in width for one- way traffic. (c) 'I'he edge of the curb opening shall not be closer to the nearest portion of a street right-of-way intersection than seventy-five (75) feet or two-thirds (2/3) of the lot width, whichever is smaller. (d) Where a"T" intersecrion exists, a drive may be located opposite the end of the intercepted street. (e) The minimum driveway angle to the street shall be sixty (60) degrees. (5) All parking and hard surface areas shall be: (a) No closer than twenty (20) feet from any street right-of-way. (b) No closer than five (5) feet from any side lot line, except for a common drive approved by the adjoining property owners and the City. (c) No closer than five (5) feet form any rear lot line unless adjacent to an alley, then the setback shall be zero (0) feet. (d) No closer than five (5) feet from the main building. (e) Curbed with minimum driveway access radii of ten (10) feet to match the existing street curb. (6) Loading Docks: (a) Outside loadirig docks are to be located in the rear yard or side yard and be properly screened. (b) The space needed for the loading docks must be adequate to handle the loading and unloading needs, without obstructing the public right-of-way. (7) Off-street parking shall be provided for all vehicles concerned with any use on the lot. (8) Parking lots with more than four (4) parking spaces shall be striped. 2.15 (9) Sufficient concrete area may be required for motorcycle parking in addirion to the required vehicle parking stalls. (10) Bike racks may be required by the City in an area that is convenient to each major building entrance and will not disrupt pedestrian or vehicular traffic or fue lanes. (11) Safety signs, markings and traffic control devices may be required to promote vehicular and pedestrian safety. (12) Parking stalls may be nine (9) feet in width for manufacturing uses, warehouses and storage uses, speculative industrial buildings, and parking lots for long term employee parking. (Ref. Ord. 952, 960) LANDSCAPE REQUIREMENTS A. Scope. All open areas of any site, except for areas used for parking, driveways, or storage shall be landscaped and incorporated in a landscape plan. (1) All new developments requiring a building permit shall comply with the requirements of this secrion. (2) Existing developments shall comply with the requirements of this section if , one or more of the following applies: (a) At the time of a building expansion or alteration which dictates the necessity for addirional parking or hardsurface areas in excess of four (4) stalls. (b) Building alterations which dictate a change in use such that the parking area must be expanded in excess of four (4) stalls. (c) Construcrion of additional loading docks. (d) Construction of new parking areas in excess of four (4) stalls. (3) If full compliance cannot be achieved due to site constraints, partial compliance as determined by the City shall be enforced. (4) The requirements of this section shall not be required for building alterations which do not affect the exterior portions of the site. B. Bonding Requirement The City shall retain a performance bond, cash or letter of credit, as required in Secrion 205.05.06.A. (3) of the zoning code for one growing season after the installation of landscape materials is completed. C. Plan Submission and Approval. 2.16 (1) A landscape plan shall be submitted to and approved by the City prior to issuance of a building permit or prior to approval of outside improvements not related to building improvements. A plan shall not be required for routine replacement of existing materials or the installarion of new materials when not associated with a building project. (2) The following items shall appear in the landscape plan: (a) General ((1)) Name and address of owner/developer ((2)) Name and address of architect/designer ((3)) Date of plan prepararion ((4)) Dates and description of all revisions ((5)) Name of project or development ((6)) Scale of plan (engineering scale only) at no smaller than 1 inch equals 50 feet ((7)) North point indicarion (b) Landscape Data ((1)) Planting schedule (table) containing: ((a)) Symbols ((b)) Quanriries ((c)) Common names ((d)) Botanical names ((e)) Sizes of plant materials at time of planting ((�) Root spec�carion (B.R., B& B, potted, etc.) ((g)) Special planting instrucrions ((2)) Existing tree and shrubbery, locarions, common names and approximate size. ((3)) Planting detail (show all species to scale at normal mature crown diameter, or spread for local hardiness zone) ((4)) Typical secrions in detail of fences, tie walls, planter boxes, tot lots, picnic areas, berms, and other similar features. ((5)) Typical sections of landscape islands and planter beds with identification of materials used. ((6)) Details of planting beds and foundarion plantings. ((7)) Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques. 2.�7 ((8)) Delinearion of both sodded and seeded areas with total areas provided in square feet, and slope information. ((9)) Coverage plan for underground irrigarion system, if any. ((10)) Statement of symbols, to describe exterior lighting plan concept. (c) Special Condirions: Where landscape or man-made materials are used to provide required screening from adjacent and neighboring properties, a cross-secrion shall be provided through the site and adjacent properties to show property elevarion, existing buildings and screening in scale. , D. Landscaping Materials; Defmitions. All plant materials shall be living plants. Artificial plants are prohibited. (1) Grass and ground cover. (a) Ground cover shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within twelve (12) months after planting, with proper erosion control during plant establislunent period. Exceprion to this is undisturbed areas containing nahual vegetarion which can be maintained free of foreign and noxious materials. (b) Accepted ground covers are sod, seed, or other organic material. The use of rock and bark mulch shall be limited to areas around other vegetation (i.e. shrubs) and shall be contained by edging. (2) Trees. (a) Over-story Deciduous. ((1)) A woody plant, which at maturity is less than thirty (30) feet in height, with a single trunk un-branched for several feet above the ground, having a defined crown which losses leaves annually. ((2)) Such trees shall have a 2'/: inch caliper minimum at planting. (b) OrnamentaL ((1)) A woody plant, which at maturity is less than thirty (30) feet in height, with a single trunk unbranched for several feet above the ground, having a defined crown which losses leaves annually. ((2)) Such trees shall have a 1'/z inch caliper minimum at planting. (c) Coniferous. ((1)) A woody plant, which a maturity is at least thirty (3)) feet or more in height, with a single trunk fully branched to the ground, having foliage on the outermost portion of the branches year-round. 2.18 ((2)) Such trees shall be six (6) feet in height at planting. (3) Shrubs. (a) Deciduous or evergreen plant material, which at maturity is fifteen (15) feet in height or less. Such materials may be used for the formation of hedges. Such materials shall meet the following minimum standards at time of planting: ((1)) Dwarf deciduous shrubs shall be eighteen (18) inches tall. ((2)) Deciduous shrubs shall be twenty-four (24) inches tall, except as in Secrion D below. ((3)) Evergreen shrubs shall be of the eighteen (18) inch class�cation. (4) Vines. Vines shall be at least twelve (12) inches high at planting, and are generally used in conjuncrion with walls or fences. (5) Slopes and Berms. (a) Final slope grades steeper than 3:1 will not be permitted without special approval or treatment such as terracing or retaining walls. (b) Earth berm screening parking lots and other open areas shall not have slopes exceeding 3:1. A minimum three (3) foot berm is required. E. Perimeter Landscaping; Standards. (1) In order to achieve landscaping which is appropriate in scale with the size of a building and site, the minimum standards apply: (a) One (1) tree for every one thousand (1,000) square feet of total building floor area or one (1) tree for every fifty (50) feet of site perimeter, whichever is greater. A minimum of thirty (30) percent of the trees required will be coniferous. (b) Two (2) omamental trees can be substituted for every one (1) over- story deciduous shade tree. In no case shall omamental trees exceed fifty (50) percent of the required number of trees. (c) Parking and driving areas between the building and frontage street shall be screened in the following manner: ((1)) A continuos mass of plant materials; minimum of three (3) feet in height at time of planting; or ((2)) A continuos earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height; or ((3)) A combinarion of earth berms and plant materials such that a minimum of three (3) feet of continuos screening is achieved. 2.19 F. Interior Parking Lot Landscaping Standards (1) All parking areas containing over one hundred (100) stalls shall include unpaved, landscaped islands that are reasonably distributed throughout the parking area to break up the expanses of paved areas. Landscaped islands shall be provided every two hundred fifty (250) feet or more of uninterrupted parking stalls. (2) All landscaped islands shall contain a minimum of one hundred eighty (180) square feet with a minimum width of five (5) feet and shall be provided with deciduous shade trees, or ornamental, or evergreen trees, plus ground cover, mulch, and/or shrubbery, in addirion to the minimum landscape requirements of this ordinance. Parking area landscaping shall be contained in planting beds bordered by a six (6) inch raised concrete curb. (3) Trees shall be provided at the rate of one tree for each fifteen (15) surface parking spaces provided or a fracrion thereof. G. Screening and Buffering Standards (1) Where the parcel abuts park or residentially zoned property, there shall be provided a landscaped buffer which shall be constructed in the following manner: (a) A screening fence or wall shall be constructed within a five (5) foot strip along the property line (s) abutting the park or residentially zoned property. Said fence or wall shall be constructed of attractive, permanent finished materials, compatible with those used in the principal structure, and shall be a minimum of six (6) feet high and a maximum of eight (8) feet high. Chain link fences shall have non-wooden slates when used for screening purposes; or (b) A planting screen shall be constructed in a fifteen (15) foot strip and shall consist of healthy, fully hardy plant materials and shall be designed to provide a minimum year-around opaqueness of eighty (80) percent at the time of maturity. The plant material shall be of sufficient height to achieve the required screening. Planting screens shall be maintained in a neat and healthful condirion. Dead vegetation shall be promptly replaced. (c) If the existing topography, natural growth of vegetarion, permanent buildings or other barriers meet the standards for screening as approved by the City, they may be substituted for all or part of the screening fence or planting screen. (2) All loading docks must be located in the rear or side yards and be screened with a six (6) foot high minimum solid screening fence if visible from a public right-of-way or if within thirty (30) feet of a residential district. (3) All extemal loading and service areas accessory to buildings shall be completely screened from the ground level view from contiguous residenrial properties and adjacent streets, except at access points. 2.GO (g) No plant materials reaching a mature height of twenty (20) feet or more shall be planted within a twenty-iive (25) foot lineal path of the centerline of an overhead power line. (2) the applicant shall install all landscape materials within one year; but shall have three (3) years within which to install the required landscaping if the following minimum standards aze rnet: (a) First year ((1)) All grading is completed, including installarion of berms. ((2)) The required irrigarion system is installed. ((3)) Areas to be seeded and/or sodded are installed. ((4)) Screening for adjacent residenrial areas is installed, if required. ((5)) Twenty-five (25) percent of the required over-story trees are installed. ((6)) Twenty-five (25) percent of the perimeter landscaping is installed. (b) Second year ((1)) The remainder of the perimeter landscaping is installed. ((2)) Interior landscaping is installed. ((3)) Fifty (50) percent of the remaining required over-story trees are installed. (c) Third year Any remaining landscaping shall be installed. L. Maintenance. (1) The property owner shall be responsible for replacement of any dead trees, shrubs, ground covers, and sodding. If any plant materials aze not maintained or replaced, the property owner shall have, upon written notification from the City, one growing season to replace said materials before the City shall maintain or replace said plant materials and assess the property for the costs thereof. Plant materials need not be replaced specie for specie; however, in no case shall the number of plant materials be reduced from the minimum that is required by this section when replacing dead plant materials. (2) Screen fences and walls which are in disrepair shall be repaired. (3) All vacant lots, tracts, or parcels shall be properly maintained in an orderly manner free of litter and junk. (Ref. Ord. 960) 2.22 10. PERFORAMCE STANDARDS A. Parking Faciliries. All driveways, parking areas and loading docks shall be surfaced with blacktop, concrete or other hard surface material approved by the City. B. Exterior Storage. The exterior storage of materials, motor vehicles, and equipment shall comply with Secrion 205.18.O1.C. (11). (Ref. Ord. 995) C. Refuse. All waste materials, refuse or garbage shall be contained in closed containers as required under the Chapter enritled "Waste Disposal" of the Fridley City Code. D. Screening. (1) Screening of off-sbreet parking shall be required for: (a) Any off-street parking area visible from a public right-of-way. (b) Any driveway to a parking area adjoining a public right-of-way. (2) Where any industrial district is adjacent to a public right-of-way or across from any residenrial district, the following requirements must be met: (a) There shall be a five (5) foot sidewalk easement provided along the property line. Council may allow the applicant to delay the installarion of the sidewalk, if the applicant signs an agreement that it will be constructed when the City requires the installarion. (b) There shall be a fifteen (15) foot planting strip located behind the required sidewallc, that is substantial enough to create a physical separarion between the public right-of-way and the industrial property. (3) All trash or garbage storage receptacles must be located in the rear or side yard and be totally screened from view from any public right-of-way. Provisions must be taken to protect screening from vehicle damage. (4) All raw materials, supplies, finished or semi-finished products and equipment, not including motor vehicles, shall be stored within an enclosed building or be screened on all sides from view from a public right-of-way or an adjoining property of a different district by a fence or other approved screen which extends two (2) feet above the highest item to be stored with the height not to exceed eight (8) feet except where materials and equipment are being used for construction on premises. 2.23 SECTION 2. That Chapter 205 of the Code of Ordinances of the City of Fridley, Minnesota, be, and hereby is, further amended as follows: 205.06 ESTABLISHMENT OF DISTRICTS For the purpose of this Chapter the following districts are hereby established within the City of Fridley: S-3 Heavy Industrial, Onaway Addirion District ................................................. 205.25 O- i Overlay .. ..... ....... .. . .. . ... ........ . .. ... ............. ........ . .. . .... .. ...... .............. . .. ...205.26 O-1 Creek and River Preservarion .................................................................. 205.27 O-2 Crirical Area ........................................................................................205.28 O-4 Wetlanci .............................................................................................205.29 O-5 Telecommunications Towers and Faciliries District .......................................... 205.30 205.18 M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS 3. LOT REQUIREMENTS AND SETBACKS A. Lot Area. A lot area of not less than 62,000 square feet one and one-half (1-1/2) is required for one (1) main building. SECTION 3. Appendix D of the City Code of Fridley is amended hereinafter indicated. SECTION 4. The tract or area within the County of Anoka and the City of Fridley and described as: All lots in Blocks 1 through 8 inclusive as recorded in the Onaway Addition, as recorded at the offce of the Anoka County, Minnesota SECTION 5. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from M-2, Heavy Industrial to S-3, Heavy Industrial Onaway Addition District PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS_OF _, 1998. ATTEST: DEBRA A. SKOGEN - CITY CLERK 2.24 NANCY J. JORGENSON - MAYOR MEMORANDUM DEVELOPMENT DIRECTOR DATE: September 23, 1998 TO: William Burns, City Manager �,�� FROM: Barbara Dacy, Community Development Director SUBJECT: Adoption of an Ordinance to publish the official title and summary of the S-3 Heavy Industrial Onaway Addition District At the September 14, 1998, meeting the City Council approved the first reading of an ordinance which would create the S-3 Heavy Industrial Onaway Addition District in the City Zoning Code and would rezone the Onaway Addition to the new district. Attached is the o�cial title and summary of the proposed ordinance for publication in the Fridley Focus. Staff recommends the City Council adopt the ordinance for the official title and summary. BD\jt Enclosure M-98-196 2.25 ORDINANCE NO. OFFICIAL TITLE AND SUMMARY I. Title AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONII�tG", BY ADDING NEW SECTION 205.25, "S-3, HEAVY INDUSTRIAL, ONAWAY ADDITION DISTRICT"; TO RENUMBER REMAINING SECTIONS IN THE ZONING CODE; TO AMEND SECTION 205.18.03.A.; AND TO MAKE A CHANGE IN ZONING DISTRICTS. II. Summary The City Council of the City of Fridley does hereby ordain as follows: That Chapter 205 of the code of ordinances of the City of Fridley, Minnesota, be, and hereby is amended by enacting a new section 205.25 to be entitled "S-3, Heavy Industrial, Onaway Addition District." The purpose of the special zoning district is to change the resent legal nonconforming status of the industrial buildings below 1.5 acres to a conforming use status. The zoning district establishes permitted uses, accessory uses, and special uses similar to those in the M-2, Heavy Industrial District. The lot requirements, setbacks, and performance standards address the existing conditions in the Onaway Addition while ensuring adequate protection of the health , safety, and welfare of the general area. The ordinance also changes the minimum lot size in the M-2, Heavy Industrial District from 1.5 acres (65,340 square feet) to 62,000 square feet. The ordinance also rezones all lots and blocks in the Onaway Addition from M-2, Heavy Industrial to S-3 Heavy Industrial Onaway Addition. III. Notice This Title and Summary have been published to clearly inform the public of the intent and effect of the City of Fridley's Zoning 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 N.E. Fridley, MN 55432. 2.26 Page 2- Ordinance Onaway District PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE 28T" DAY OF SEPTEMBER, 1998. ATTEST: DEBRA A. SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: NANCY J. JORGENSON - MAYOR September 14, 1998 September 14, 1998 September 28, 1998 2.27 City of Fridley TO: William W. Burns, City Manager �-� �� FROM: John G. Flor�., Public Works Director DATE: September 28, 1998 SUBJECT: Central Avenue Improvement Project ST. 1998 - 4 PW98-197 Since the Council addressed the improvements of Central Avenue with the County, a number of changes have occurred; primarily the installation of concrete curb and gutter and catch basin on the east side of Central Avenue north of 66�' Avenue, a request by Onan to install a new driveway and water and sewer services to their property for a scheduled Onan improvement project, and the associated engineering cost for these improvements. The new cost for the City project is estimated at $744,307.41. These costs will be covered through the assessments for curb and gutter and to Onan for the additional improvements on their property and through the State Aid off-system funding. To continue the progress on the project, recommend the City Council approve the attached Joint Powers Agreement with Anoka County for the Central Avenue improvement project. JGF:cz Attachment 3.01 09/24/98 10:41 FAX 612 862 4201 ANOKA CO HWY DPT C� 002/O1� Anol�+ Caunry Ca� Na 980320 ��m 70INT POWERS AGREEMENI' FOR THE Il1�II'ROVEMF.N'T OF COUNTY STATE AID HIGHWAY NO. 35 (C� AVENUE� FROM TRUNK HIQHWAY 65 TO 81ST AVENUE PROJECT NO.:SA.P. �2-635-08 SA.P. 02-635-10 MSAP 127-020-21 MSAP 183-020-OS �3is agreement made and entered into this 12th day af May,1998, by and betweea the County of A.noka, State nf Minncsota, a political subdivision of the State of Minnesota, 2100 Third Avenue North, Anoka, Minncsota, 55303, hereinafter referred to as "County", and the City of Fridley� 6431 University Avenue Northeast, Fridley, Minnesota 55432, hereinafter referred to as the "City". WTINESSETH: W�YEREAS, the pariies to this Agreement consider it mutually desira.ble to widen and overla.y County S�e Aid HighWay No. 35 from the Rice Creek Bridge to Osborne Road; and to mill and overlay County State Aid Highway No. 35 from 300 meters north of Trunk I�'ighway 65 to the Rice Creek Bridge; aad, WHEREAS, the A.aoka County Highway Departmeat has prepared plans and specifications for S.A.P. 02-635-U8 which plans and specifications are dated July 14� 1998, and which are on iile in the office of' the County Engineer; and, W'�YEREAS, the parties agree that it is in rheir best interest t6a.t the cost of said project be shared; aad, 'WFiEREAS, together with the sharing of the cost of construction for the traffic signal installations and roadway, the City will incorporate a bituminous trail, the watermain, sanita�y sewer and miscellaneous utility work to be covered by this Agreement; and, WHEREAS, the City has roquested t6at curb and gutter be added to the project frnm 73rd Avenue south to 200' + south of Rice Creek Bridge and that the roadway be widened 4' an each side of the roadway from 73rd Avenue W 69th Avenue; and, VI/�IEREAS, Minn. Sta�. § 471.59 authorizes politicsl subdivisions of the state to cntec into joint powers agreemenu for the joint exercise of powers common to each. NOW, THEREFORE, it is mutually stipulated and agreed as follows: I. PURPOSE The parties have joined together for the puipose of �ecoastruction of the roadway, iasCaliation of t�affic si�nal systea�s, construction of storn� sewer and miscellaaeous utility reallocations on a poraoa of County State Aid Highwa,y No. 35 (Central Avenue) as described in ihe plans and specifications numbered S.A.P. 02-635-08 on file in the office of the Anoka Couniy %Yighway Depart�neat and incorporated herein by reference. IY. METFiQD The Coumy shall provide ali engineering services and shsll cause the constriiction of A,nolca Cou�y Project No. S.A.P. 02-635-08 in confo�rnance with said plans and specifications. The advertisement of bids 1 3.02 09/24/98 10:42 FA% 612 862 4201 ANORA CO HWY DPT I� 003/013 aad the acceptance of aU bid proposals shall be done by the County. The award of tbe Coatract sball be done by the Cou�ty. III. COST A. Tl�e contracc costs of the wor1S or if the work is not contra,cted, thc cost of a]l labor, materials, norma] engineering costs, and equipment rentil required to complete the work, shall constitutc the actual "consvuction costs" and shall be so referred to herein. "Estiraated costs" are good faith projectiaas of the casts which will be incurred for this projec�t. The estimated constructioa casts are anac�ed as Exhibit A aad C. Actual costs may vary and those will be the costs for which the City will be responsiblc. B, The estimated cost of the tatal project is Two Millioa, Tbree Hundred Sevea Zhousaad, Five Hundred �ifty Dollats and 011100's ($2,307�550.01). Participaiion in the cnnstructicn costs is as follows: 1. The City shall pay 100% of the watercnain and saaitary sewec impmvements, reloca�ons and adjustmenu. The estimnted cast of the utility improvements is $45,562.72. 2. Thc City shall pay their shaze of the storm sewer mainline const�uction based on percentqge of mainline flow attributed to connecting City owned laterals to the mainline. Thc Cicy's ,aaaialine pariicipation is estimated at 46%. The estimated coasQucaon cost of storm sewer is 5988,105.15 of which $855,185.89 is mainline sewer costs. Of this, the City's estimatcd share is $393,385.51. 3. ?he City slaall pay 50% of the cost of the concrete aub and gutter coastructed within the City txcluding the cost of the median curb and guiter. The total project estimated cost of the concrctc curb and �;utter canstruction is $84�071.00, of which the City's estimated share is $15,409_30. G�edit has becn given to existing curb and gutter removed and replaced. 4. The City shall pay 100% of the cost of the newly constcucted bituminous trail (ineluding associated retaining wall). The estimated cost to the City is 579,292.80. 5. The Couaty shall pay 100% of the cost of "in-ldnd" driveway pavement replacements. 'Ihe City shall pay 100% of tlie cost of newly conso�uctcd/upgraded driveways as shoara in Exhibit C. The estimated cost to the City is $38,768.20. 6. The City shall pay 0% of the cost of the Traffic Signsl System Revision ai the inte�scction of 69th Avenue and Counry State Aid Highway No. 35 since tt� signal is a pcnnanent system. The estimaxed cost of the 'IYaffic Si�nal Systecn� iacluding equipment fwaished by the Coumy, is 555,320.00� of which the City's share is $0.00. 7. The City shatl pay 100% of the cosc of the Internally Lit Signs for the above signal system. The escimated cost to the City is $16,755.00. 8. The City shall pay for 50% of the cost to construcc curb aad gutter on the east side of the roadway iacluding the costs of curb and guaer, restoration of sod, storm sewer leads and c�tch ba�ins which were not part of the original bid. In additioq patching the cross road cuts necessary for said estch basin leads and added uaffic c.ontrol costs. The estimated cost of the exva work is $200,000.00 of which the City shall pay $100,000.00. 9. The City shall provide consuvction observation for the relocation aad reconsbrucaon of thcir utilities and approve for acceptance the work as it is completed. 10. City represeatatives shall observe the conSguration of each of the pedestrian cutb camps as located in the fieId in order to satisfy for themsetves the conditions for locating the ramps as such prior to construction. 2 3.03 09/24/98 10:42 FAX 812 882 4201 ANOKA CO HWY DPT � 009/013 11. The City sha11 furnish and deliver to the constructioa site replacemeut hydranu for any hydrant which is being relocated as a part of this project which they waat replaced. C. The totsl estimated cost to the City for the project is ab89,173.53 (ses atta.�hed Exhibit A for determination of cost participation and attached �ch.ibit B for the Cost-Shaiing Agreemcnt). Thc City pazticipation iA engineering will be at a rate of 8% of their designated share. The estimsted cost w the Ciry for enginecring is $55,133,88. Therefore, the wtal estimated City► cost ofihe project is $74d,307.41. D. Upon award af the contra.ct, the GSty shall pay w the County, upan written demaad by ihe County, 95% of its poraon of the consvuction costs oithe pcoject eskimated at $707,092.03. The City's shaie of the costs of the project shall include only coastruction and engi.neering expenses and does nat include administrauve expenses incur�ed by the Couuty. E. Upon fina] completioa of the project, the City's share of the co�ocuction costs will be based upon actual consoruco�on costs. If necessary, adjustments to the initia195% charged will be ma,de in the form of credit or additional charges to the City's share upon the writtea dema.ad by the County. The remaining 5% of the City's portion of the cons�ucdon costs shall be paid. N. TERM This Agreemtnt shall continue until terminated as provided hereinaftcr V. DISBURSEMF.NT OF Fi�. S�. All funds disbucsed by the County or City pursuaat to this Agreement shall be disbursed by each entity pursuant to the method provided by la.w. VI. CONTRA�TS AND PURCHASES: All contracts let and purchases made pursuant to this Agreement shall be made by Anoka County in confonnance to state laws. VII. STR�GI' AC�OUNTABILY7Y: A strict accountiag shall be made of all funds and report of all receipts and disbursemeats shall be made upon request by either party. VIII. TERMINATION: This Agreemeat may be ternunated by either pariy at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other parry. If notice is delivered by mail, it shall be deemed to be received two (2) days after ma.iling. Sueh termination shall no be effective with respect to any soticitation of bids or any purchases of service ot goods which occuned prior to such notice of termination. The City sl�all pay its pro-rata share of costs wluch the County incurred prior to such notice of termination. IX. SIGNALIZATYON POWER The City shall inscall or causc the instaUation of an adequare elec�ical power souroe w thc service pad or pole, including any necessary extensions of power lines, and upon campletion of said tiaffic control si�nal installatioq the on�oing cost of ciccvical power to the signal shall be at the cost and expense of the City. 3 3.04 09/24/98 10:4� FA% 612 882 4201 ANORA CO HWY DPT � 005/U13 1' • ��•� Ia accordance with the County's Affirmative Action Policy and the Couaty Commissioner"s policies against discrimiaation, no person shall illegally be excluded from full-time employmeat rights iu, be denied the benefits of, or be otherwise subjected to discrimination in tha program which is the subject of this Agreement on the basis of race, creed, color, sex, marital stacus, public assistance status, age, disability or national origi.n. XI. MAINTENANCE� A. Maintenaace of the completed signal and si�al equipment will be the sole obligation of the Coimty. B. The Counry Ii'ighway Departtnent shall mai.atain the tra�c signal controller, �affic sigi�al lamps, toop detectors and associated wiriag of the tcaffic ca�rol system at the sole obligation of the County. C, Pa.inting of the aaffic signal system will be thc sole obligatioa of the Couaty. D. Timing of the traffic coatrol si�nal sball be d�termined by the County. E. Only the Couut}+ sha11 have access to the controller cabine� F. The traffic co�ol signal shall be the property of the Couttty. G. The City will be responsible for any elecorical power installation and ongoing power cost, constructio� costs, luminaire relamping, mai�enance, and painting. H. This maintenance agreement supersedes any prcvious agreement relative to said signal undertaken by both the City and the County. I. Maintena:►ce of tha completed watermain, sanitary sewer, and stormceptors storm sev�+er system except catch basins teads, and any future bikeway and sidewalk sha]1 be the sole obligation of the Ciry. XII, NOTICE; For purpose of delivery of any natices hereuader, the notice shall be effeaive if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and the City Manager of Fridley, 6431 University Avem�e Northcast, Fridley, Minnesota 55432, on behalf of the Ciry. XIII, INDEMNIFYCATION: 'The City and tha County mntually agree to iademaify and hold harmless each other from aay elaims, losses, costs, expenses or damagts �esulting from the acts or omissions ofthe respective officers, age�s or employees relating tA aetivity conducted by either party under this Agreement. XIV. ENTTRE AGREEM�NT/REQUIREMENTS OF A VVRIT_�� It is understood and agreed that the entire agreement of the parties is contained her�in aad that this Agrecmcnt supe�sedes all oral agreemenu and all negoriations between the parties relating to the subject mauer thereof, as well as any previous agreement presently in effect between the partics tclating to the su6ject matter thcreof. Any alter�ations, variations or modifications of the provisions of the Agre�ment shall be valid only when they have been reduced to writing aad duly sisned by the p3rries herein. 3.�5 08/24/98 10:4� FA% 812 882 4201 ANOKA CO HWY DPT IN WITNESS �REOF, the parties of this Agreemeat have hereunto se2 their hands oa the dates written below: COUNiY OF ANOKA By: Dan Erhart, Chairm�.�n Anoka County Board of Commissioaers Dated: ATTEST: By: John "Jay" McLinden Anoka Cou�ty Administrator Dated: Recommend for Approval: BY: Jon G. 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I$ � �. .. � -� �; �7' ��ZS •3��: 'A �98'O38R ^R.. ;Y• „ � ' 1 ' � �' �.. _ ^'~ I i� 1 - _ ' , ..I i. _ :� -� ^ _ �':. i i i' i 13' .�...'_ - -� _i.. � � ! :� ' i i +i � :^ �:r I � i � -�.' _�_ _ . ��.:. • � .`L I..t ..�. _. . . _I u- iii '_.....�� j! �Ii �� 7 EtE '7�5��' JJ �' . �E t c CIC C i V�VV - � 1 " EEE'E�E �EEE '("S:',�5��`��SS`EE,FE � ,�E'� ..'•-- - — '^i -- •� �_ . .�' - - �- '•- - i �. � I � i _ � �. � ; ' � ' � ! � L� , '� �''�i7�7.�a6: ;�� i ii! ii 1. . � � , o!t'VsN n < � I � Ju �3 3�„f��M. -� , _ . . � ��_. _ �uYr.rv��.l'ii$ � u� ��_t'�„ � 3`'�'� 't � � . � y�C 1� 3t�32 40'_ ° ' W M �= BES - .1��.�y�+Yga'�� a � i�a?' W i-�' ��;' a� Y �w.,�:.�i � agsci-2°D: : � u� Z� » �t . � � ' 4 E� ., »�F +��+�_ , 3=4�'^ {� �- r �, , � �2 �� r�t i��S� �N WLLVW casar �' N,Oy�' �3E0.�� Y '� � � �4 ��o �O �S 'o °�a�°:��«N' � a�� e��L+L4 •s-p� r k� .:: W� i O(=N� 'z � 2� _a=c: �i Q ��T.=.�7:�in,-1�' S'y' � �f-c ��Z�Z� 1 -{ �(a _- N�� N LWWi�1�, Y �r MOR� �� i� ��C�C CZ6Qi � V� �a yM� • 1 ' S� �r6 a< �a•i��e� O JL�YOGOC M� �ii Y '1�•�~ ��: a! „ _ 2c�� w_"__,,.�5 � �3 ° ' ��E �` � _� �=�== $ �sy>► r " �1�' 8�3' i2"�� ..Fs��..-_-.-�_ � =W �4�` E,� a MC E�+ �kC�cacac� My ui'".`.r7�c �FE+� � � Q� 0 5�Z ��?9�'�:EU C'" �s`w_✓=.`y'y_ u�� i_ �=�--ya frdw� $ �.. a..$ R p =c EX`l 'c F , �.. '� .i,K�[. N�N� ��.�i,�.S v°v°v ,eJ.ii..i�i. i.�� °,�R.�,i.�. ,�, _3 'a5, W _ ..4. : . i . � �..°3e- S!'.. . _ .. o '"s a•�� "i.• :rxa i _ _„ s_s�s ��s aa�: ;, � R R9 -- ��. �.��.�.�.'�.��-�.�� 3 � ��f� �� A � = �. I I1� ' x E-l. ;�� i��--�= I� 1 l i � �' �i i- i_: I � I I I ``I � �^ty _— �; �� .�� $€� (R�3 �� IF E. cc .._...�• �_j_ �a" i � . . � � ` , � !' � c i � A : Y�' � �V •�• r � �'� Y ri y� �Q� ,` a _ � ' a3 f Y� Z�. ' ��.,`>i, o` t� - B^ � .� �$ _ �. 0 08/24/98 10:46 FA% 612 862 4201 s w 3 u 6 a e A � � e � ` J � Z9 a i K e � W � � W n � t�� u �a° � wY°g � ¢ .7� 9 d .. y� f u° � .� N � V Q w V N �) � ` V O°y. i W. � Q � C W-� y��t � � i i t a,�m w'. N N I iOl i� Iu � W , x, � y W W ' y. � 4 i F� �. C Q ANORA CO HWY DPT � I � ! ' C - I i R ...�i.; . i : . , I � I �6�. .1 ,� I �� I � I i � I ' „ I I ! I . � I��ii Q. • I�.i � � I Y' �O I,s��l.�. .FM� � ,}' .Nw� I � x. ��vu i= ;M��ii �OV =L�=iau �" � o c+��'. 9a'v : r Y �.�.- J,� ° ..3 0 �'1 � U09/013 0 �� 09/24/98 10:46 FA% 612 882 4201 � � ANOIiA CO HWY DPT �� E��iIBIT B . (�J O10/013 �COST-SH1�F�II�G AGF�ELTTEI�T . . FOR PROrECTS C01�S'ITUCTED II�' Al�'O�:A C4LT1�"iY USII�'G COiJI�''I'Y STA7'E A1D FUI�DS OR LOCAL TAX LEVY DOL%,�1P�S Ilrms Bikewa}�s Concrete Curb d: Gu�tec Concrcle Sidewalk ' Conc�ete Side�vall: Rcplaccmcnt Concretc Curb d. Guttcr for Median Conslruction Concretc Median Conatrvction or Adjustment of Lo�al Utilitie.s Gradin�, Basc � Bituminous Stotm Scwer DriveN�a�� Uperades TraCCic Si!+nals (communitie:s ]argcr than 5,000) . TraFFic. Si�nal (communi ties less than 5,00o) Enginecring S�rvices Ytieht-oE way Sc; eet Li;hts Cn�intv Shnre 0 S05'o 0 100�io 100°.'0 100°io 100C'o Based on State � Aid Letter'= �'6 1/_ of the cost of i� lc;s of thc intersection 100�'0 .� 100% 0 Citg' Shart 100�'a 50°'0 100 �o 0 0 0`� 100°'0 0 • IIascd on Scafe A.id I.et�cc `= 100°io � ' tha cost of i�s Iees of che incerse�tion plus % thc cost of the County le;s of the in�e�ection Q•� .; 0'S 100 i'o '1 . The County pa�� for 1OOio oE a Standard T4edian Design suc� as plain concrete. If a community reguests •, decorative median such as red brick, stampcd conerete, or exposed a„re;ase concrete the Ciry will pay tne - additioAal cost above the cost of s�andard median. ' �2 In the evenc no Siate A,id is bein; used, draina;e cost shares will be computed b}� proportions of total area to Countj� area �•nere the area oE che road ri�he-oE-•��ay is .doubled prior to performance of the calculations. '3 In commu�itics ]css than 5,000 people the Counry� pa}5 for 100�0 of the cost of the traffic signal cFfectiv� Marcn 19So. � T7�e Counry collec�s on b�halE of the ci�ies (lcss than 5,000) "rSunicipal Seate Aid Dollan'' since they do not thems�l�es qualify for ccate �id Cunds. Tae�e F�nds are used �c pay the Ciry Sha�c. '4 En�ineerin� shall be paid b�� thc Lead A�ency except that any particioatin� a;en� w111 pay constr�ction en;ineering in the amounc of 8�'0 of che co�scruc�ioa costs paid by ehat a�en�•. 'S In t�c cvent tnat tne City requests purchas� of ri;ht-of-��a}• in exc�ss of thos� ri;h;-of-a�a}� reoui;cd b�� Coun�}� conscruuio�, the City parcicipzces to che ea�tanc an a;reement czn be reached in thrse p;op�;�ies. ror instancc, a Ciry may request z side�vzl}; bc con5truc�-d alon_side a Count}• road�•a�• �+•}:icn �•ould req��i;� addicional ri;hc-oE-�•a�•, in ufiich ease the Cit}� ma}� p=y for that por�ion. of �ne ri;ht-oi-�•ay�. Ac�uisitio, o: ri;nt-of-�+•a;� ior ne�;� alirtnmenu shall b� l'nc res�or.sibilit}� of the Cih� reaucsting thc ali;nm�n[. ?n 2oditio�, an�� cos�s incurred b�� the Counp� b�cause th� par:ici��cin� Cit}� did noc acquice sufi��i�nt ri;h;-o►-�.a;• si-.sll be paid b�� the Cin�. - '6 Tne County ��ill replace all drive��ays in-}�:ind. li;;aoes in su:faci�; (i.e. gra��el to bituminous, oicuminoLs to concrete) shztl b� al 100io eapense to tne C�.1� . r.�w'l�hibi; 09/24/98 10:4T FA% 612 862 4201 �, 1V101 O� V�IONd I ._ � �dno o� vr�oNd m � .. __�__ l �VlO1.l3�Cl�� I . i lnvno �ia�a.� 1H101 N1VN0 W , 1NVno Nvr,o �/101 a�iad '1Nd(10 N�'1d 11Nn � � . � � i I i � 8'� 8 8 N N � � �� !V .- !V r � �C o � w� � u� � , i. o �, I.o. , ..�.� ANORA CO HWY DPT �� g85�8 � ' �� {�Q�� , � 1(� � 1Q N I� O tiw 1 � I�N iti u�,u►I t � � �'��o a � i , � �o I. � �, � I �� ; . . � � �. - ' �' !I:I l I ,.. :8 5�: � aD t�i�� •- �.N rl�:•� � INI . .' �� . 1 I�oil�ai� � , : ; , i � � e m � i. f�r� �ani r. ,- m , � • me.tiaa�.. � � �c ` . . ti: � __.,, I � L �1 `' ' �, 1 . � r',!,.Mw �� k� � � ' � . 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ENGINEEAS - AACH�TECTS' PV►NNERS � �/ �+C6DM6�s�e j.l� =A1N�fatta�rM!lOTAA�Al�t1�0 �•v .roNE�•ar�sr�+�m i.wws��ma FAX TYtANS1v1ITTAL To: Ro er HuUe� M ka Countv Hi�l7wiy �P�•— Fax No: 862-4Z01 From• aR �V ReFerence: 4nan �'�y�tecons�vction Cotnn+is4So►s No � 1�-O l Routing:. Woadv Nelson Dsts: ucust 27�199�_ Attnch�d it che Oean �oryoraeiof� Dri�ewsy it,�:onsuvedon Plan !or yo�[ tevieW. TAe plan sAo�+s 9 m ndii, and sn tntranca Width oI 15.2 m. Stata Ai4 ms�cilnums. We Wo+�1d tike you �o re�iev� tt+c secaad theet whicR:hoW� a comparison oi ihe 9 m ndii, co �ha t 1 m ridii. Onan Cotpon[ion woHld lilce to ilte[esse the 9 m radii u,11 m, 'il+is �+ould �llow wH-20 rn s�mitnilvs to eniu aed ezic ehe fuil�ty �++ithAut drivin� ��ec thc curb ot enter on con�ing traiflt lanes.. 'Ihe follvWin� ia a lits of qusmiorss I haYe [cjatding tho plan �hte�: j, At+� thon say notes or datails you �+euld lit. a ae on the plan skxt? 2. I would lilce you rn reriew thr laeatien o( CH �19A. Usin� ihe 9 m rsd�us. �h� CB is lxptai at tho end of radius. 3. Wilt the County or Conttnct co�cac� N5P [o relocaic �he po�er pole within ehe naw oncsnea? 4, Onan Cocporatioh would like x eo� astim�uc oi �he drivew�y recoasttutron. Could y�u provide u� �i�h sid i�em cvrts trom yeut contrsetor fvr the following items: �. B�cuminous nnd Bituntinous Curb Remo�sl (LF� b. Sa�+cut Bicumiavus (LF� c. �teloutin; Si�n and t�rdscapir►� (LS) d. Relocat�vn L.iaht Pole (E�CH) e. $ 61 � Curb and Guttcr ('L�) �'. Biiuminoua Piremeait g. �►�reia�c sase Class s•A b. Sod .. 5. We nted to Depuatt thc quandlies �1►n1 Onan Will �s yayin� for. Ceuld ypu proride ns with s deseription of v+hat the coun[p �►ill pay for artd what Onan will need �a p�7 for. , i will also De sendin& a copr o! �)te plen shcc� �o th� City of Fridley talloWin� yoer reviatir. li you da not etieeive 4 P�ta, irteludin; this �bee� ple�e eontac� me at 292-4SS7. Iln �Qw► op�onw►►ry Ee,de�' � 3.13 E/Z a6ed `Wd�b�e 86-EZ-daS •`66666666 ! :If9 ��aS City of Fridley TO: William W. Burns, City Manager,�,�� i � FROM: John G. Flora,�ublic Works Director DATE: September 23, 1998 SUBJECT: Snow Plan PW98-196 We kicked offour winter snow plowing program on Tuesday, September 22, 1998, with the Public Works snow meeting/lunch. All personnel were notified of their area of responsibilities and a review of last year's policy and procedures were presented. _ This year, with the loss of three of our employees, we will utilize Park Construction to service both the north and south industrial areas within the City. Attached is the FIL notice information that we will provide for each snow event as well as a review of our emergency snow removal procedure for any major event and a recap of our redline streets which are plowed first, our 10 snow plowing districts, our six sanding districts and a layout for the emergency snow plan if it is to be implemented. All of our current employees have had at least one year of experience so we anticipate that this year's snow plowing problems should be minimized. To ensure the City has a reasonably defensible snow removal plan, I would recommend the City Council adopt this plan by motion for 1998-1999. JGF:cz Attachments 4.01 �pF F U>,::,:_ � PUBLIC WORKS MEMORANDUM TO: John Flora, Director of Public Works FROM: Paul Lawrence, Superintendent of Public Works DATE: September 21, 1998 SUBJECT: Winter Maintenance I would like to alert you to a potential problem in completing snow and ice control duties this winter in a timely manner. As we enter the winter season the Public Works Maintenance Division is short three full-time positions (more than 10% of staffing); two due to injury and one vacant position. The vacant position should be filled by late November or early December. One of the injured employees will be off for another six to nine months, and the other injured employee is due back in January. Park Construction will plow both the north and south industrial areas (last year Park Construction plowed the north industrial area) which will partially cover the duties of one of the injured employees. The majority of the remaining work normally completed by the injured employees will be split between all the remaining available units, resulting in a slightly longer snow removal time. I would estimate that for an average six inch snowfall, plowing and sanding times will increase about one hour; 11 to 13 hours instead of 10 to 12. The longer plowing times could cause some customer dissatisfaction, but should not cause any unusual hardships or safety problems. The situation could dramatically worsen if employee absences due to illness or other causes are higher than normal, or if snow events occur in rapid succession, as there are no additional employees in the Public Works Maintenance Division that can be reassigned to snow removal duties. 4.02 SNOW REMOVAL OPERA'tIONS POLICIES AND PROCED[IRES The Fridley Public Works Department is engaged in a continuing effort to provide improved snow removal services, and yet keep expenses in balance with the current budget appropriation. for street snow removal, the City currently is operating seven dump trucks. One of the seven trucks is equipped with an underbody plow and a one-way plow. Fve trucks are equipped with a one-way ptow and wing plow. All six of the trucks are equipped with sanders. We also use one 1-ton 4x4 plus our two pothole patchers for snow removal. Each has a one-way plow and one pothole patcher has an underbody plow. In addition to the trucks, the City operates three front end toaders with a one-way ptow and wing. An MTS sidewalk snowplow is used to plow the sidewalks and is augmented with our Excel Hustler (lawn mower) blower. Also five 4-wheel drive pickup trucks are used to plow cul-de-sacs, dead-ends, improved alleys and municipal parking lots. The Public Works Director and Superintendent of Public Works have overall responsibility for snow and ice control operations. The Street Supervisor has direct responsibility for supervising the day-to-day operations, such as determining when to call out manpower, equipment needs, ordering materials, etc. The Street Supervisor, along with the Superintendent, utilizes weather services and reports, police reports, citizen input and consults with the Director when necessary to determine when to initiate the snow plowing operation. Our policy is to begin snow removal operations after the snow storm has subsided, normally in the early morning hours. However, if the storm ends in tate evening, the crews are called out in an attempt to clear redline cotlector routes by morning rush hour. If a storm is predicted to last unreasonably long, or heavy accumulations appear imminent, full snow plowing operations begin on the redline collector routes in eight districts when accumulations become hazardous for driving. Based on different storm situations and severity levels, the starting time frames are Flexible. For blizzard or high wind storms, plowing does not commence until the storm subsides. Eor economy purposes, weekend snow storms� will be reviewed for impact and delay in starting times to minimize overtime costs. Whenever ice or slippery conditions develop, sanding crews are dispatched to the six sanding districts (see attachment A- Sanding Districts). Sand and salt mixtures are spread over ice or slippery areas. The sand provides an abrasive to help melt the ice. We are currently using straight salt in the Metody Manor, Rice Creek Terrace and Christie neighborhoods, to evaluate its effectiveness and economy. Salt is less effective below 20 degrees F. The Public Works "on catl" employee upon notification of slippery conditions by the Police Department is authorized to respond with up to two additional personnel to sand or salt slippery areas. If more personnel are needed, the "on call" employee will notify the Public Works Superintendent or Street Supervisor of the need for additional personnel. When snow removal operations begin, redline collector routes are plowed �rst. (See Attachment B- Redline Collector Routes map). It takes approximately 4 to 6 hours (depending upon the snowstorm) to complete these routes. These streets have been declared redline routes because they allow residents and emergency vehicles faster and better access to the highways and into alt areas of Fridley. 4.03 The City is divided into ten snow plowing districts after the redline collector routes are plowed. (See Attachment C- Snow Plowing Districts map). In each district, there are four alternating starting points. After each snow, the starting points will change. It takes approximately 6 to 8 hours to complete snow plowing operations on the remaining streets. This results in providin� clean, safe streets ] 2 to 16 hours after an average snow storm. There are 8S cul-de-sacs and 35 dead-end streets in Fridley. It takes considerable time before the smaller and specialized equipment can complete the cul-de-sac areas. A snowplow may complete the regular street and a portion of the cu(-de-sac area. The major portion of the cul-de-sac will be plowed by the special equipment within the total time of the snow plowing operation. Concurrent with the plowing of the streets and cul-de-sacs, the sidewalks, improved alleys and municipal parking lots are also plowed. We do not plow bikeways or asphalt paths, we only clear concrete sidewalks. Cleanup operations begin on the next normal working day after the snow removal operations have been completed. This includes cut-de-sac ctearin� and hauling, intersection clearing, sidewalks, traffic light areas, bus stops, and wingin� back on boulevards The snowbird vehicles parked on streets during a snow storm create problems for snow removal operations. The City ordinance prohibits vehicles from parking on City streets during snow emergency operations. Drivers report snowbirds to the Police Department. Depending on available police personnel, tickets are issued, if the vehicle is not removed. Vehicles that are blocking the street are towed away. Snowbirds that are still parked when cleanup operations begin are towed and impounded under the direction of police personnel. The past eight years, Park Construction, has supplemented the City of Fridley's plow crews in Industrial Districts 2 and 4 with graders. We wilt use them again this year. For a major storm, over 9 inches, our alternate plan comes into effect. The City is sectioned into 9 districts (see Attachment D- Major Snow Event) and the personnel are established into two 12 hour shift crews. The redline streets are ptowed first and then the remaining streets in the district are ptowed. The major difference is only one pass is made down the center of each street initially. Once all streets are opened, the crews then go back and start clearing the roads full width. This continues until atl the streets are cleared by rotating the crews throu�h their shifts. MnDOT is responsible for clearing TH 47 (Llniversity Avenue), TH 65 (Central Avenue) and I-694. Their policy is black pavement and run teams down the ighway as the snow storm progresses. Anoka County plows East River Road, the 44th Street bridge, Main Street to 57th, 57th to llniversity, 49th between Main Street and llniversity, Mississippi Street, Osborne Road, 85th and Old Central. The County also varies its starting points and attempts to clear to black pavement. 9/98 c.�myfile�snovJ�snow policy-procedures 4.04 SNOWPLOWS ASSIGNED TO PLOWING DISTRICTS - 1998-1999 SEASON District #1 - 786-'89 Case Loader w/wing David Jensen District #2 - 792-'97 Ford Dump Truck w/wing JeffJensen District #3 - 775-'93 Ford Tandem Dump w/wing Gary Bulman District #4 - 774-'96 Case Loader w/wing Greg Kottsick District #5 - 772-'84 JD Loader Craig Turbak District #6 - 727-'91 Ford Potpatcher Kory Jorgensen District #7 - 783-'87 International Dump w/wing Pete Gunderson District #8 - 725-'92 Ford Dump w/wing Mike Graves District #9 - 791-'95 Ford Dump Angie Taylor District #10 - 789-'90 Ford Dump w/wing Buddy Zurbey South Industrial Area #782-'86 Dump Truck * 1. Walter Lach North Industrial Area *2. Park Construction Red Denotes Snow Emergencv Routes Black Denotes Snownlowin� Districts Supervisor: Ken Holmstrom Plowing Assignments for Snow Emergencv Routes North Area 792, 789, 786 East Area 791, 775 Central Area 774, 725, 772, 782 West Area 783, 727 Eauipment Responding to Snow Emerg. 3 Front end loaders w/one-way plows & wings 1 Dump truck truck w/one-way plow & underbody plow 6 Dump trucks w/one-way plows & wings 1 Sidewalk plow & snowblower 5 4x4 vehicles 1 One ton truck 4x4 1 Potpatcher w/one-way plow & underbody plow Apevs, Cul-de-sacs, & Intersections: Alleys & Area 1 781 - Robert Small 523 - Mark Schulte Area 2 510 - Keven Becklin Area 3 528 - Ron Fields *3. 724 - Garry Volk Intersections 749 - Jason Wiehle Sidewalks 760 - Bruce Koopmeiners 9-10-98 *4. - Lee Hollom (Spare & Ice Rinks) C:\streets\plowdist * 1. Walter Lach - off 6 to 9 months March-June 1999 *2. Park Construction - will plow both north and south industrial areas *3. Garry Volk - offuntil January 1999 *4. Lee Hollom - position currently vacant, should be filled by 12-1-98 4.05 EMERGENCY SNOW REMOVAL PROCEDURES 1. We differentiate befinreen a"normal snowfall." A"emergency snowfall" is a within a 24 hour period. snowfall" and what we would call an "emergency snowfail of 9 inches or more that is projected to fall 2. When there is a projection of an emergency snowfall, the snow plowing procedure will begin when there is 6 inches of snow on City streets. The Police Depa�tment will have the responsibility for notifying the Public Works Department of the existence of 6 inches of snow on the streets. 3 4 Once the plowing for an emergency snowfall has been decided, Public Works employees will be divided into two 12-hour shifts beginning at the time they are called out. Each shift will consist of eight employees who will operate five dump trucks and three front- end loaders. Each group of eight employees will be assigned to one 12-hour shift. In addition to the eight employees assigned to each shift, another employee shall be assigned as needed to address particular problems. He may, for example, be assigned to digging out cul-de-sacs, plowing sidewalks, and plowing City parking lots. The storm and/or any other circumstances surrounding the storm will dictate the use of any additional employees. These employees will also be available to assist the Police and fire Department with emergency operations (i.e., police calls, medical and fire emergencies). 5. The Police Department will take the primary responsibility for responding to questions from citizens. It was agreed that the Police Department personnel will be updated approximately every two hours. Personnel will keep maps and be responsible for plotting the progress of the snow removal crews as reported. 6. The Public Works Superintendent has the responsibility for updating the recording machine on a remote basis. Paul will provide information indicating the progress and general location of the City's snowplows to provide callers with information regarding the City's snow emergency operation. 7. As the plows are working during a major snowfall, they will direction through redline streets and then residential streets. to curb will not be made until all streets have been opened to there will be difficulties with cul-de-sacs and driveways being occasions and with cars being parked on the streets. 4.06 make an initial pass in each Efforts toward plowing curb traffic. It is understood that plowed shut on a numbe� of SNOWPLOWII�iG ASSIGNMENTS for . SNOWS OF 9" OR MORE �10TB: Crews will consist of 10-11 men, plus mechanics, in 12- hour shifts. � l�0a 1 s Unit 791-Ford dump no/wing llrea 2 s Unit 775-Ford tandem w/wing Unit 786-Case loader w/winq Area 3: Unit 789-Ford dump w/wing Area 4: Unit 725-Ford dump w/wing Area 5: Unit 783-Int. dump w/wing _ Area 6: Unit 792-Ford dump w/wing Area 7: Unit 772-JD loader w/wing Area 8: Unit 786-Case ldr. w/wing Unit 774-Case ldr. w/wing Augiliary Crew: Mecbanics: 9-10-98 C:\WP\STREETS\SNOWPL.ASN TB�I !► Anqie Taylor Gary Bulman Bud Zurbey Mik� Graves Pete Gunderson Jeff Jensen Craig Turbak David Jensen Gerry Long Bruce Koopmeiners Mar}: Foster 4.07 T81�11�� B Ron Fields Reven Becklin Jason Wiehle Kory Jorgensen Robert Small * Walter Lach '� Garry Volk Greg Kottsick Mark Schulte Phil Perron Mark Kluge Kelly Odenthal � _ ._._ �'`'?�� . _ . .. J j� � � b, C) � U � � � v � - � � � �� :�. `\ `� . - �p - _ . � . _ .. � . - O� - - - -. . _ _�`� _. . _ . � - � '` b Q - - .. -- . . - - __ _ _ _ . . . . . � . _ - - - -- -.. .. . . .. _ . .__.. . ._ . __ _ _ _� -- ---- . . . - ---- - - -- .. . . _ : - - - - � � �� ; : a_� . . - - - _ . . ._ . ._ . -. - - - � - -- .. - __-- -- -._ --- ----- - . :�_ .- . - - - -- _ _ . _ , _ � _ . U �Z - O ' j - - - -_ . _ ._ _ __ _ _ _ . _ _ _ _ . : _, _ _. _ .. _.. . .. . - .- - -.- - - __ . _. ._ _ �. ._ _._ :__ _ . - ---� --- - -- , � � . . _ , .._ _ _ .__ . . -- - --_. _ � -. _ _- __ -_. � _.. _._ . . - - - ._ _. : . - . . .. _.� _ _ : � - - -- - � � .. ._ ._ ._. _ - -- - - . _ -��- _--- --- _.. . � : � - - .. : _. ---. . - --- - - ----- -- -- -- _ -`. - ---- _ _._ ___ z J � . �. . _ _ .._.. _ _. . --V - . � ; . _ - - - - - . _ :_ ... - � -�- - - --- -- � -� -- --� .--� - ---•---- �--- - � - -- � � .- - --- - -'�--._ _:.__ .� __ ---��` -- -- .-..._---. .__ .. _ _ . . � � . � _ : °� - J _ � . � . � .�.. _ - - � . � � - - � � - � � _ � , � a�� - � � �z � � � � O � � � � � . � � � � � � � � u� � r � s � � � v .� - � ; � � � V � � • � �� o r� � � , . _ �, - �: �� > �, � � � � � � � O J MUNICIPAL CENTER MESSAGE SNOW PLOWING FORMA? 1. A snow emergency has been declarecl and snow removal operations started at hours. 2. The collector redline streets have been cleared as of hours and the snow plowing in our 10 clistricts has commenceci at starting alternate point No. 3. The Public Works Department has completed one half of the district plowing at hours. We are continuing work and expect to complete the snow clearing operations at hour. 4. Street and alley snow removal operations were completed at hours. Sidewalk and intersection and cul-de-sac clean up work (continues) (will commence at hours). This effort should be completed by hours. 5. Snow removal activities associated with the storm of are completed. 4.09 C� C�] � ` � � �• .��■ � �`��._,rt... � l� j'�.-. - - ' � �' � _ � - _ re� i � : •�:'%;�u; �1-1L �.� �� :'°'::: �,5 ......�..... ..�_ �_,�.�Y., � � !\►�1� �l F.`� � : � �, ..� . ;� ,�� mu�:m,� �� , _ �'� � =�i �� 1� � � � ,�.'' �. ��i�i��;=' ��, l�i =� * `� F: ;1-r . � m �_, !U!llfti � � - : ��-'f ~= ` j i f rri1 � ...... .,i ... �.l.i °�' rt'{c �. � n�•lU1�:le:i`:I: _ „�' ,_ � �.-., 3 � f l. �:-� � i I' le �pF F � ' '� -< PUBLIC WORKS MEMORANDUM TO: John Flora, Director of Public Works FROM: Paul Lawrence, Superintendent of Public Works DATE: September 24, 1998 SUBJECT: Snowplowing Policies Ken Holmstrom and I attended a seminar sponsored by the Minnesota League of Cities Loss Prevention regarding snowplowing policies. The snowplowing policies that the City currently uses covers most of the areas mentioned at the seminar with the following exceptions: • The City should add an item regarding snow removal on sidewalks. "The City will maintain sidewalks identified on the attached map. Sidewalk plowing will occur in conjunction with street snowplowing. The City has limited personne( and equipment to maintain sidewalks, therefore it will take 20 to 30 hours over two to three days to plow an average snowfaii from the designated sidewalks. The City because of limited personnel, limited equipment and environmental concerns will not sand or salt any sidewalks". 4.14 4.15 \1 � �' \ Osborne Road SIDEWALKS North side, University to Terrace Road in front of STandard Oil South side Commerce Lane to Old Central Mississippi�Street North side, Stinson Boulevard to East River road South side, East River road to Old Central Monroe Street, from Mississippi to 67th Avenue 7th Street, west side from Mississippi to 63rd 7th Street, east side from 63rd to 61st 61st Avenue North side, Main Street to Highway 65 South side, Main Street to just east of Sears Outlet Store Easements north of 61st; 1. Between Starlite and Trinity 2. Between Rainbow and Sunrise 7th Street from 61st to 59th 53rd Avenue north side from Learning Tree to Menards Highway 65 east side, from 53rd to 52nd 57th Avenue north side University west to 53rd University East Service Drive from 57th Ave.nue to Mississippi 5th Street east side from Mississippi to 63rd Fourmies Avenue between Service Drive and 5th Street 63rd Avenue north side between University Service Dr. and 7th Street University east side bikeway between Mississippi and 69th Avenue West Moore Lake Drive in front of high school Walkway path behind high school and little league fields Easements west side of East River road: 1. Between 62nd Way and River edge Way 2. River Edge Way to Stevenson School East River Road west side from Stevenson School to River Edge Way � . :: 4.16 �- /2 •-� �, PRIORITIES on SIDEWALK PLOWING 1. Mississippi Street, f rom Univ. Ave. to Highway 65 2. 7th Street, from Mississippi to 61st 3. 61st, from University to Highway 65 � 4. Mississippi Street, from University Ave. west to East River Rd., then to the two walk-way easements off Rivers Edge Way for Stevenson School 5. Osborne Road, from University Ave. to Highway 65 6. 7th Street, 61st south to 59th 7. Hayes School on Monroe, from Mississippi to 67th 8. Mississippi Street, f rom East River Rd. to Central Avenue, south side 9. 5th St., from Mississippi to 63rd, then to Univ. Ave. Service Road to 57th 10. 61st, Univ. Ave. west to Starlite, both sides, also two walk- way easements f rom Starlite to Trinity 11. 61st, from University to Sears Store on south side 120 53rd, from Target to Menards 13. Highway 65, from Ground Round to Twin City Federal 4.17 1-12-84 Recreation and Natural Resource Department emo . � To: William W. Burns, City Manager s�'�� Prom: Jack Kirk, Director of Recreation and Natural Resources � Date: September 23, 1998 Re: Change Order No.1 - Fridley Community Center Project Attached is Change Order No. 1 for the Fridley Community Center Project in the amount of $8,154.00. This change order reflects some additional work needed to complete the lower level facilities. The first part of this change order is for plumbing revisions associated with the drinking fountain and mop basin. There was no under floor waste piping for these fixtures, nor was there a vent roughed in. The change includes cutting, removing and patching the floor, as well as installing the needed equipment. Cost of this portion is $1,523.00. The second part of this change order is for painting of the open ceiling area above the wood grid ceiling, including pipes and ductwork. Although we are using students to paint the majority of the lower level, this work requires use of scaffolding and/or ladders to accomplish. Because of safety concerns and the more difficult painting surfaces, we are looking for professional painters to take on this part. Cost of painting the ceiling area is $1,785.00. The third part of this change order is for HVAC work required by the Fridley Building Inspector, Ron Julkowski, after reviewing the job site and work associated with installation of the fireplace. A new gas line, intake and exhaust venting, and fire dampers installed in the supply and return ducts are needed. Cost of the HVAC code revisions is $4,846.00. I recommend the City Council approve Change Order No. 1 for the Fridley Community Center Lower Level project #319 in #he amount of $8,154.00, bringing the total for this project to $241,221.00. 5.01 City of Fridley Recreation & Natural Resource Department 6431 University Avenue N.E. Fridley, MN 55432 September 28, 1998 TO: Crawford-Merz Construction Company 2316 Fourth Avenue South Minneapolis, MN 55404 RE: CHANGE ORDER NO. 1, FRIDLEY COMMUNITY CENTER LOWER LEVEL, PROJECT NO. 319 You are hereby ordered, authorized, and instructed to modify your contract for the Fridley Community Center Lower Level, Project No. 319 by adding the following work: 1. 2. APPROX ITEM QTY PRICE AMOUNT Plumbing Revisions Paint Ceiling Area 3. HVAC Code Revisions 1 1 1 TOTAL ADDITIONS -- CHANGE ORDER NO. 1 TOTAL CHANGE ORDERS: Lump Sum Lump Sum Lump Sum $1,523.00 $1,785.00 $4,846.00 $8,154.00 Original Contract Amount ............................................................................................. $233,067.00 Contract Additions -- Change Order No. 1 ........................................................................ 8,154.00 REVISED CONTRACT AMOUNT ................................................................................ $241,221.00 Prepared, submitted and approved by Jack Kirk, Director of Recreation and Natural Resources, on the 28th day of September, 1998. wl Jack Kirk Director of Recreation and Natural Resources 5.�2 Crawford-Merz Construction Co. Change Order No. 1 Fridley Community Center Lower Level Page 2 Approved and accepted this Approved and accepted this day of , 1998 by: CRAWFORD-MERZ CONSTRUCTION CO. Wayne D. Anderson Vice President of Operations day of , 1998 by: CITY OF FRIDLEY Nancy J. Jorgenson Mayor William W. Burns City Manager JACK/FCC/CONSTRUCTIOWCHANGEORDER#1 c.O� J INTEROFFICE MEMORAND UM TO: WILLIAM W. BURNS, CITY MANAGER �� FROM: CHUCK MCKUSICK, FIRE CHIEF DATE: SEPTEMBER 17, 1998 SUBJECT: PUBLIC SCHOOL INSPECTION AGREEMENT Attached is an agreement beriveen the City of Fridley and the State of Minnesota under which our fire department will conduct fire inspections at public schools in our jurisdiction. The consideration we receive is fire inspection training from the State Fire Marshal's office. This agreement replaces a previous agreement having the same terms. Staff recommends Council approval of the agreement. The contract must be signed by the Mayor, City Manager, and our legal counsel. cc: Dick Larson, Fire Marshal dir: Memos�Burns98\School Insp Ageement - MN 6.01 DEPARTMENT OF PUBLIC SAFETY FIRE MARSHAL DIVISION 444 CEDAR STREET - SUITE 145 ST. PAUL, MINNESOTA 55101-5145 PUBLIC SCHOOL INSPECTION AGREEMENT This agreement is made by and between the State of Minnesota, Department of Public Safety - Fire Marshal Division (State) and r; t-� �f Fri c-71 P� . Minnesota (Contractor), address 6 4 31 Un ivers ity Ave . NE WHEREAS, the State, pursuant to Minnesota Statutes: Act of April 27, 1990, Chapter 562, 1990 N1inn. Laws 1633, is empowered to require that the State Fire Marshal develop a plan to inspect once every three years every public school facility used for educational purposes. WHEREAS, the Fire Chief of the above nazned fire department, dces hereby agree that a representative of the city's fire department will conduct all public school fire inspections within their jurisdiction. To ensure unifo�tnity of enforcement throughout the state, these inspections will be conducted in accordance with standards stated in this conh-act, and WHEREAS, CONTRACTOR represents that it is duly qualified and wiiling to perform the services set forth herein, NOW Ti�REFORE, IT IS AGREED AS FOLLOWS: 1. All public school facilities used for educational purposes within jurisdiction will be inspected by Contractor at least once every three (3) years. 2. All public schools within Contracto�'s jurisdiction will be inspected in accordance with the requirements of the Minnesota Uniform Fire Code (MUFC) and enforced in accordance with the administrative policies of the State Fire Marshal. 3. State Fire Marshal Division will provide the necessary training for city fire department personnel contracting to conduct these inspections. 4. Copies of inspection reports will be filed with the local school board and the State Fire Marshal and must be submitted to these authorities within seven days following inspection. 5. All variances to fire code orders must be approved by the State Fire Marshal. 6. Cancellation: This contract may be cancelled by the State, or Contractor at any time, with or without cause, upon written notice to the other party. 7. Term or Contract: This contract shall be effective on January 1, 1998, or upon the date that the final required signature is obtained by the State, pursuant to Minnesota Statute 16B.06, Subdivision 2, whichever occurs later, and shall remain in effect until December 31, 2001, or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. 6.02 8. State's Authorized Agent: The State's authorized agent for the purposes of administration of this contract is Robert Imholte, Supervisor, or his successor in office, - State Fire Marshal Division. (Such agent shall have final authority for acceptance of Contracto�'s secvices and if such services are accepted as satisfactory). 9. Assignment. Contractor shall neither assign nor transfer any rights or obligations under this contract without the prior written consent of tfie State. 10. Liability. As permitted by law, Contractor agrees to indemnify and save and hold the STATE, its agents and employees hannless from any and all claims or causes of action arising from the performance of this contract by Contractor or Contractor's agents or employees. This clause shall not be construed to bar any legal remedies the Contractor may have for the STATE's failure to fulfill its obligations pursuant to this contract. IN WITNESS WHERE OF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: CONTRACTOR: BY: �-�,E: Mayor DATE: BY: TT�,F; City Manager DATE: STATE AGENCY OR DEPARTMENT: (Authorized Signature) : TITL,E: DATE: ATTORNEY GENERAL: APPROVED TO SIGN ON BEHALF OF Ti-�E ATTORNEY GENERAL AS TO FORM AND EXECUTION � DATE: COMI�IISSIONER OF ADMIl�tISTRATION: � DATE: NO ENCUMBRANCE: (Authorized Signature) � DATE: I certify that the signatures for the Contractor have lawful authority, by virtue of the city by-laws or a city resolution, to bind the Contractor to the terms of this contract agreement. DATE: BY: Attorney for Contractor 6.03 � •�� +. i� a To: Bill Burns, City Manager y'±i �' �� From: Rick Pribyl, Finance Director Deb Skogen, City Clerk Subject: Resolution Appointing Additional Election Judges for the 1998 Two Year Election Cycle Date: September 24, 1998 The attached resolution appoints additional election judges for the 1998 general election and two year election cycle. The election judges are being appointed without precinct assignments at this time to allow the city more flexibility in determining precinct assignments. The election judges receive training which qualifies them to serve a two year term as an election judge. The election judges being appointed have been selected from previous work as election judges, lists which have been provided by the political parties and those individuals who have registered for election judge training. 7.01 RESOLUTTON NO. -1998 RESOLUTION APPOINTING ELECTION JUDGES FOR TF-� 1998 GENERAL ELECTION NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, at a regular meeting on September 28, 1998. SECTION 1. That on the 3td day of November, 1998, there shall be a Statewide General Election: SECTION 2. That the following people are hereby appointed to act as Judges for said election, except that the City Clerk is hereby authorized to appoint qualified substitutes as set forth in Chapter 4, Section 4.OS of the City Charter. Ron Anderly Marge Korin Jean Hicks Donna Novak Marietta Holum Cindy Ruschy Laura Hosman Darlene Sammarco Robert (Bob) Kelsey Marliss Westenfield Mary Kirkwood SECTION 3. Compensation for said Judges will be paid at the rate of $7.00 per hour for regular Judges and $7.50 for the Chairperson of the Election Board. PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS 28TH DAY OF SEPTEMBER, 1998. ATT'EST: DEBRA A. SKOGEN, CITY CLERK 7.�2 NANCY JORGENSON, MAYOR L� !�i �a �� TO: WILLIAM W. BURNS, CITYMANAGER ,�(' FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTIONPROVIDING FOR THE ISSUANCE OF THE CITY'S $4,185,000 GENERAL OBLIGATIONBONDS, SE�tIES 1998B DATE: September 24,1998 Attached is the resolution provided to us by Jim O'Meara from the firm of Briggs & Morgan. The resolution is for the sale of $4,185,000 in Taxable General Obligation Tax Increment Bonds, Series 1998B. As you will recall, these bonds are being issued to provide the permanent financing for the property commonly known as "Lake Pointe". This debt issuance will provide the permanent financing that will replace the current temporary 3 yeaz bond that matures November 1, 1998. The current temporary bond is the second temporary issue and by state law if new debt is to be issued, it must be of a permanent nature. 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. Since the bids are not due until Monday, September 28 1998, the information from the bidders will not be available until the evening of the Council Meeting. A representative from Springsted will be present to review the results of the bidding process and make a recommendation for the lowest underwriter or syndicate. RDP/me Attachment 8.01 RESOLUTION N0.- 1998 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,185,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1998B BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: 1. Recitals. It is hereby determined: (a) The Council believes it to be in the City's best interest to consider a permanent refinancing of the City's General Obligation Temporary Tax Increment Bonds, Series 1995A, dated November 1, 1995, issued and still outstanding in the original principal amount of $4,090,000 (the "Prior Bonds"). The Prior Bonds refinanced the acquisition by the Fridley HRA of certain property and other assets (the "Project"). (b) The Prior Bonds mature on November 1, 1998, in the aggregate principal amount of $4,090,000. (c) It is necessary for the City to issue its Taxable General Obligation Tax Increment Bonds, Series 1998B (the "Bonds"), pursuant to Minnesota Statutes, Section 469.178 and Chapter 475, to provide moneys for a refinancing of the Prior Bonds and the Project, given that the necessary tax increment revenues are not available for such purposes. 8.�2 (d) The Council desires that the Bonds be issued initially in "Book Entry Only Form" (as hereinafter described). 2. Acceptance of Offer. The offer of (the "Purchaser") to purchase the City's $4,185,000 Taxable General Obligation Tax Increment Bonds, Series 1998B (the "Bonds"), is hereby accepted, such bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, the Bonds to bear interest, to mature, and to be subject to such other terms and conditions as hereinafter provided. The City Finance Director is directed to retain the good faith deposit of the Purchaser pending completion of the sale and delivery of the Bonds and to return the deposits of the unsuccessful bidders forthwith. 3. Title; Original Issue Date; Maturities; Denominations. (a) The Bonds shall be titled "Taxable General Obligation Tax Increment Bonds, Series 1998B," shall be dated October 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 Amount Year Amount 2002 $ 75,000 2008 $490,000 2003 80,000 2009 520,000 2004 180,000 2010 550,000 2005 190,000 2011 585,000 2006 430,000 2012 625,000 2007 460,000 As may be requested by the Purchaser one or more term 8.03 Bonds may be issued conforming to the foregoing principal repayment schedule, and corresponding additions made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, in New York, New York, pursuant to a certain Blanket Issuer Letter of Representations to be executed by the City and accepted by said Trust Company (as the same may be supplemented or superseded, and including all provisions thereof and rules, procedures or practices referenced therein, the "Letter of Representations"), 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 (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully 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 Only 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, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar described in this Resolution in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (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 : 1 � 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 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 applicable to the Bonds, references to the Nominee hereunder shall refer to such new Nominee. 8.0 'rJ (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 Letter of Representations. (vii) All 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 15 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 Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bond for a Bond of a lesser denomination, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entry Only System. Discontinuance of the Depository's services and termination of the book-entry only system may be effected as follows: �: 1 . (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 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, the Bonds will be delivered to the Beneficial Owners. (d) Letter of Representations. The provisions in the Letter of Representations (the execution and delivery of which by the City being hereby ratified and approved) 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 or the Bonds are inconsistent or in conflict with the provisions of the Letter of Representations, the provisions in the Letter of Representations shall control. 4. Purpose; Temporary Bonds; Certain Covenants Respecting Payment of Bonds. The Bonds shall provide moneys for payment and permanent refinancing of the City's Prior Bonds. It is 8.�7 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 adjustment of the maturities of the Prior Bonds in relation to the sources for their repayment. All of the proceeds, including all investment earnings thereon, of the Prior Bonds have heretofore been expended by the City for the uses and purposes for which the City issued said Prior Bonds. The balance in the debt service account heretofore established by the City for the payment of the principal of and interest on the Prior Bonds has been taken into account in appropriately sizing the Bonds. 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. In addition to the Bonds being general obligations of the City, certain tax increments derived from certain tax increment financing districts within Redevelopment Project No. 1 of the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, as provided in the Tax Increment Pledge Agreement described in paragraph 21 of this Resolution, shall be pledged to the payment of the Bonds. The estimated collection of the above described tax increments is not less than 200 of the original cost of the Project which was refinanced through the , issuance of the Prior Bonds. 5. Interest Rate. The Bonds shall bear interest payable semiannually on February 1 and August l of each year (each, an "Interest Payment Date"), commencing August 1, 1999, 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 2002 2003 2004 2005 : 1 : Maturity Year 2008 2009 2010 2011 Interest Rate 2006 2007 2012 6. Redemption. The Bonds shall be subject to redemption and prepayment at the option of the City on February l, 2004, 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, and if only part, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Published notice of redemption shall in each case be given if and to the extent required by applicable law, and 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, the Bond Registrar, prior to giving notice of redemption, shall assign to each Bond 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 , Minnesota, 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 the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. The principal of and interest on the Bonds shall be paid to the 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, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: � C; �� m UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY $ TAXABLE GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 1998B INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Fridley, Anoka County, Minnesota (the "City"), hereby acknowledges itself to be indebted and, for value received, promises to pay to the registered owner specified above, or registered assigns, in the 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 1, 1999, 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 , Minnesota (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 8.11 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. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Home Rule Charter of the City and the Constitution and laws of the State of Minnesota 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, Charter or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Fridley, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Manager; has caused the corporate seal of the City to be intentionally omitted herefrom, as permitted by law; and has caused this Bond to be executed manually by the Bond Registrar, acting as the City's duly appointed authenticating agent for the Bonds. 8.12 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 8.13 ON REVERSE OF BOND Redemption. All Bonds of this issue are subject to redemption and prepayment at the option of the City on February l, 2004, 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, and if only part, the Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Published notice of redemption shall in each case be given if and to the extent required by applicable law, and 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 Redem tion. To effect a partial redemption of Bonds, the Bond Registrar shall assign to each Bond 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 eaual 55,000 for each number assiane� tn ;t and so selected. If a Bond shall be surrendered to the Bond Registrar so requires, form satisfactory to the Ci the registered owner thereo duly authorized in writing) necessary) and the Bond Reg to the registered owner of new Bond or Bonds of the sa maturity and interest rate denominations, as requested aggregate principal amount unredeemed portion of the p is to be redeemed only in part, it Bond Registrar (with, if the City or a written instrument of transfer in :y or Bond Registrar duly executed by ' or the registered owner's attorney and the City shall execute (if .strar shall authenticate and deliver �uch Bond, without service charge, a ie series having the same stated nd of any authorized denomination or by such registered owner, in �qual to and in exchange for the incipal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $4,185,000, all 8.14 of like date of original issue and tenor, except as to interest rate, registration number, redemption privilege and denomination, 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 September 28, 1998 (the "Resolution"), for the purpose of providing money to aid in refinancing a project consisting of certain public redevelopment costs within Redevelopment Project No. 1 of the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. This Bond constitutes a general obligation of the City, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. Each capitalized term which is used but not otherwise defined in this Bond shall have the meaning given to that term in the Resolution. [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 Depository Letter Agreement.] Book-Entry Only Form; Depository Letter Agreement. 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 Depository Letter Agreement 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 denominat�ons 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 8.15 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. Treatment of Registered Owners. The City and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 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. Taxable Obligations. The City is not issuing the Bonds as tax-exempt obligations and accordingly makes no representation and intends to convey no expectation that the interest on this Bond will be excluded from gross income for purposes of United States income taxation or from either gross income or taxable net income for purposes of State of Minnesota income taxation. 8.16 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. 8.17 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 or by a brokerage firm having a membership in one of the major stock exchanges. 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.) 8.18 9. Execution; Interim Typewritten 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. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall 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 printed bonds, one or more interim typewritten bonds in substantially the form set forth above. Such interim bonds shall, upon the printing of the 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 October 1, 1998. The Certificate of 8.19 Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. 11. Registration; Transfer; Exchange. 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. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 10) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the registered owner thereof, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated . maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the registered owner making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this Resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general 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. �; I, Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the registered owner thereof or the registered owner's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. 12. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 13. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the registered owner thereof as of the Regular Record Date, and shall be payable to the person who is the registered owner thereof at the close of business on a date (the "Special Record Date") fixed by the Bond . Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the registered owners not less than ten (10) days prior to the Special Record Date. 14. Treatment of Registered Owner. The City and 8.21 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. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the City Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 16. Fund and Accounts. There is hereby created a special fund to be designated the "Taxable General Obligation Tax Increment Bonds, Series 1998B Fund" '(the "Fund") to be administered and maintained by � the City as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two separate accounts, to be designated the "Refunding Account" and "Debt Service Account," respectively. (i) Refunding 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 Refunding Account to accomplish its purposes, together with all investment earnings on funds held in the Refunding Account, are hereby. pledged and appropriated and shall be credited to the Refunding Account. The Refunding Account may be invested only in securities maturing or callable 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 Refunding Account, and together with 8.22 monies made available from the debt service account for the Prior Bonds, to pay all principal and interest due on the Prior Bonds on November 1, 1998, whether due thereon by virtue of regularly scheduled debt service or prior redemption. The moneys in the Refunding Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Refunding Account shall be remitted to the City. Such Other Funds, if any, as may be required to fully fund the Refunding Account as described above are hereby appropriated for said purpose. (ii) Debt Service Account. To the Debt Service Account there are hereby pledged and irrevocably appropriated and there shall be credited: (1) all accrued interest and unused discount received upon delivery of the Bonds which is not then deposited into the Refunding Account; (2) any balance remaining on November l, 1998, after payment thereon of all of the principal of and interest on all of the Prior Bonds, in the debt service account created for and allocated to the Prior Bonds pursuant to the Council's Resolution awarding the sale and setting the terms of the Prior Bonds; (3) the tax increments and other funds (collectively; the "Tax Increments") received by the City pursuant to the Tax Increment Pledge Agreement referred to in paragraph 21 of this Resolution, but only in such amounts as shall be necessary, toqether 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 collections of any ad valorem taxes hereafter levied for the payment of the Bonds; (5) all investment earnings on funds held in the Debt Service Account; and (6) any amounts received by the City upon termination of the Refunding 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. 17. 105$ Debt Service Coverage. It is hereby determined that the Tax Increments will be in the principal amount of at least 20% of the cost of the Project being refinanced through the issuance of the Bonds and that the estimated collections of Tax Increments will produce at least 5% in excess of the amount needed to meet, when due, the 8.23 principal of and interest on the Bonds. The City Clerk is directed to file a certified copy of this Resolution with the office of Anoka County Property Records & Taxation and to obtain the certificate of said office required by Minnesota Statutes, Section 475.63. 18. General Obli ation Pled e. The full faith and credit and taxing powers of the City are hereby pledged to the payment of the principal of and interest on the Bonds, and in the event of any current or anticipated deficiency of funds in the Debt Service Account of amounts needed to make any such payment, when due, the Council shall levy ad valorem taxes on all taxable property in the City and/or issue Definitive Bonds in such amounts as may be necessary to rectify such deficiency. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed represen- tations of the City as to the facts recited therein. 20. Defeasance. When any obligation of a Bond has 8.24 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). 21. Tax Increment Pledge Agreement. The Council hereby approves and authorizes the Mayor and City Manager to execute that certain Tax Increment Pledge Agreement, dated as of October 1, 1998, respecting the Bonds, which Agreement has been presented to the Council for its consideration and which is between the City and the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, with such modifications, if any, as such officers shall approve, as evidenced by their execution and delivery thereof. The Tax Increment Pledge Agreement, as actually executed and delivered in connection with the issuance of the Bonds, is hereby made fully a part of this Resolution to the same extent as though set forth in full herein. 22. Continuing Disclosure Undertaking. The Council hereby acknowledges that the Bonds are subject to continuing disclosure requirements 8.25 under Rule 15c2-12(b)(5) (the "Rule") of the Securities and Exchange Commission. Consequently, 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 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. 23. Severability. 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. 24. Headings. Headings in this Resolution are included for convenience of reference only and shall not limit or define the meaning of any provision hereof. : : PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1998. ATTEST: DEBRA A. SKOGEN - CITY CLERK 8.2�% NANCY J. JORGENSON - MAYOR L� z�� •. i. � TO: WILLIAMS W. BURNS, CITY MANAGER �� ' FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR MECHELL TUROK, ASSESSMENT CLERK SUBJECT: RESOLUTION FOR PUBLICATION OF HEARING ON THE HACKMANN AVENUE/HACKMANN CIRCLE IMPROVEMENT PROJECT NO. ST. 1998-1 DATE: September 24,1998 Attached you will find the resolution directing publication of hearing on the proposed assessment roll for the Hackmann Avenue/Hackmann Circle Improvement Project No. St. 1998-1. The Public Hearing Notice will be published in the Focus newspaper on October 1, 1998 and October 8, 1998, as required by State Statute. RDP/mt Attachment R$SOLUTION NO. RSSOLiJTION FOR HRARING ON PROPOS$D ASSSSSMENT HACKMANN AVENiJ$/HACIQ�IANN CIRCL$ IMPROVEMENT PROJ$CT NO. ST. 1998-1 WHEREAS, by resolution passed by the Council on September 28, 1998, the Finance Director was directed to prepare a proposed assessment of the Hackmann Avenue/Hackmann Circle Improvement Project No. St. 1998-1, AND WHEREAS, the Finance Director has notified the council that such proposed assessment has been completed and filed by his office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: A hearing shall be held on the 19`h day of October, 1998 in the City Hall at 7:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. The Finance Director is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28th DAY OF SEPTEMBER, 1998. ATTEST: 9.02 DEBR.A A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR � � � •. ��i. a �� TO: WILLIAMS W. BURNS, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR MECHELL TUROK, ASSESSMENT CLERK SUBJECT: RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ON HACKMANN AVENUE/HACKMANN CIRCLE IMPROVEMENT PROJECT NO. ST. 1998-1 DATE: September 24,1998 Attached you will find the resolution declaring cost to be assessed and ordering preparation of proposed assessments for the Hackmann Avenue/Hackmann Circle Improvement Project No. 1998-1. The final cost of this project is $501,131.34, and the affected properties will be assessed $58,753.50 or $11.50 per front foot. RDP/mt Attachment 10.01 R$SOLUTION NO. R$SOLIITION DSCLARING COST TO B$ ASSSSSSD AND ORDERING PRLPARATION OF PROPOS$D ASSESSMSNT FOR HACKMANN AVENU$/HACKMANN CIRCLE IMPROVEMENT PROJBCT NO. ST. 1998-1 WHEREAS, the costs for the Hackmann Avenue/Hackmann Circle Improvement Project No. St. 1998-1 have been determined to be $467,491.58 for the contract price for such improvement and $33,639.76 for expenses incurred in the making of such improvement so that the total cost of the improvement is $501,131.34. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: The portion of the cost of such improvement to .be paid by the City is hereby declared to be $442,377.84 and the portion of the cost to be assessed against benefited property owners is declared to be $58,753.50. Assessments shall be payable in equal installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January, 1999, and shall bear interest at the rate of 6� percent per annum from the date of the adoption of the assessment resolution. The Finance Director, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to call valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The clerk shall upon the completion of such proposed assessment, notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF SEPTEMBER, 1998. ATTEST: DEBRA A. SKOGEN - CITY CLERK 10.02 NANCY J. JORGENSON - MAYOR RLSOLIITION NO. R$SOLUTION FOR HEARING ON PROPOSBD ASS$SSMENT RIC$ CRF3$K BANK STABILIZATION PROJECT NO. 309 WHEREAS, by resolution passed by the Council on September 28, 1998, the Finance Director was directed to prepare a proposed assessment of the Rice Creek Bank Stabilization Project No. 309, AND WHEREAS, the Finance Director has notified the council that such proposed assessment has been completed and filed by his office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: A hearing shall be held on the 19th day of October, 1998 in the City Hall at 7:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. The Finance Director is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28th DAY OF SEPTEMBER, 1998. NANCY J. JORGENSON - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK • 2 � • _1� . ��i� � TO: WILLIAMS W. BURNS, CITY MANAGER,y1^Y'� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR MECHELL TUROK, ASSESSMENT CLERK SUBJECT: RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ON RICE CREEK BANK STABILIZATION PROJECT NO. 309 DATE: September 24,1998 Attached you will find the resolution declaring cost to be assessed and ordering preparation of proposed assessments for the Rice Creek Bank Stabilization Project No. 309. The final cost of this project is $246,376.07; the City will be reimbursed $117,240.50 from the Rice Creek Watershed District and has been reimbursed $7,200.00 from the Anoka Soil and Water Conservation District; the affected properties will be assessed $57,164.80 or $20.30 per lineal foot. RDP/mt Attachment R$SOLUTION NO. RESOLUTION DECLARING COST TO BS ASS$SSED AND ORDERING PR$PARATION OF PROPOS$D ASS$SSMENT FOR TH$ RICB CRI3fsK BANK STABILIZATION PROJ$CT NO. 309 WHEREAS, the costs for the Rice Creek Bank Stabilization Project No. 309 have been determined to be $238,784.00 for the contract price for such improvement and $7,592.07 for expenses incurred in the making of such improvement so that the total cost of the improvement is $246,376.07. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: The portion of the cost of such improvement to be paid by the City is hereby declared to be $189,211.27 (with the City to be reimbursed $117,240.50 from the Rice Creek Watershed District and $7,200.00 from the Anoka Soil and Water Conservation District) and the portion of the cost to be assessed against benefited property owners is declared to be $57,164.80. Assessments shall be payable in equal installments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January, 1999, and shall bear interest at the rate of 6�4 percent per annum from the date of the adoption of the assessment resolution. The Finance Director, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to call valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The clerk shall upon the completion of such proposed assessment, notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF SEPTEMBER, 1998. ATTEST: DEBRA A. SKOGEN - CITY CLERK 12.02 NANCY J. JORGENSON - MAYOR � � ClTY OF FRIDLEY TO: FROM: DATE: SUBJECT: MEMORANDUM The Honorable Mayor and City Council William W. Burns, City Manager �� September 25, 1998 Warden Oil Site Interim Funding Agreement William W. Burns City Manager Please note the attached letter and agreement on the Warden Oil site that was sent by Fritz Knaak, the City Attorney. I recommend that Council approve this agreement by motion at Monday night's meeting. WWB:rsc Attachments 13.01 Wayne B. Holstad Frederic W. Knaak* John L. Lindell John C. Povejsil H. Alan Kantrud David J. Friedman** September 21, 1998 HOLSTAD AND KNAAK, P.L.C. Attorneys at Law 3535 Vadnais Center Drive, Suite 130 St. Paul, Minnesota 55110 Telephone: (651) 490-9078 Facsimile: (651) 490-1580 Dr. William Burns City Manager Fri�ley Nlunicipal Center 6431 University Avenue N.E. Fridley, MN 55432 RE: Warden Oil Site Dear Dr. Burns: RECEIVE� S�� 4 1998 * Also Licensedin Wisconsin & Colorado ** Also Licensed in New York Enclosed please find a signature page for the funding agreement of the Warden Oil PRP site group. Changes in the agreement, including those for additional funding, require a re-execution of the underlying documents: essentially a requirement of "amendment only by consensus." In this instance, given the City's willingness to continue its participation with an added contribution of just under $3,200 ($3190.08, to be exact), execution of this additional document would be appropriate and necessary. The previous, original agreement was, I believe, signed by the Mayor on behalf of the City. It would now need to be executed again, either by the Mayor or you, as City Manager. This, accompanied by a check for the assessed amount, would need to be forwarded either directly to the Chairman of the PRP group, or through this office. Please let me know at your earliest convenience if you have questions or I can be of any other, similar assistance to you in this matter. Sincerely, , / � ; "�� ' /� f�/ ;' � Frederic W. Knaak Fridley City Attorney 13.02 0 FIRST ��IENDriENT TO WaRDEN OIL SITE INTERItii FUNDING �GREE:�IENT �iI�EZE�S, the Warden Oil Site Group ("the Group") has agreed to retain a contractor, as a Shared Cost, to perform a Remedial Investi�ation/Feasibility Study ("RUFS") at the Warden Oil Site ("Site"), 187 Humboldt Avenue North, Vlinneapolis, �Iinnesota; WHE�EAS, funds raised by and held in trust for the Group totaled �51,544.54 on July 31, 1998; W�REAS, the cost of retaining a contractor to perform the RUFS will exceed the amount of money previously raised by and cunently held in trust for the Group by an amount not expected to exceed $1 �0,000. NOW, THEREFORE, THE PARTICIPr��iTS AGREE AS FOLLOWS: 1. Second Pavment. Each Participant a�rees to pay, as a second payment for interim funding of Shared Costs, an amount equal to the Participant's alle�ed percenta�e of the total Qallons that the �fPCA alle�es all Participants in the Group contributed to the Site, multiplied by � 150,000, except that the minimum second payment for continued participation in the Group shall be �1,500. The number of gallons allegedly attributable to each Participant for purposes of allocatin� this initial payment shall be the amount set forth on the MPCA's Draft Warden Oil Site Potential Responsible Party Totals Table (attached as Exhibit 1), except for NSP, which is not listed on the Table. For NSP, 100,000 �allons shall be used. The amount of each Participant's second payment is set forth on the table attached as Exhibit 2. ,�0�32.0, _ 13.�?3 The second payment shall be made by October 9, 1998 and shall be non-refundable. i"he second payment shall be made by check payab(e to "Leonard, Street and Deinard Trust Account," shall reference the "Warden Oil Site" and be sent to: Carolvn V. Wolski, Esq. Leonard, Street and Deinard Suite 2300 1 �0 S. Fifth Street Minneapolis, �1�1 5�402 2. Effective date. The effective date of this First Amendment shall be September 9, 199fi. Tnis First rlmendment snall be execu�zd in r;tuitipi� c�ur��e� �,a�ts, ary ore of whic� � �all be deemed an ori�inal but all of which shall constitute one and the same instrument. N WIT�iESS WHEREOF, the Participants hereto enter into this FIRST A�v�iVDMENT TO THE W:�RDEN OIL SITE INTERIM FLlNDING AGREEMENT. Each person si�nin� this a�reement represenu and warrants that he or she is duly authorized to enter into this a�reement and bind the company or entity on whose behalf that person is signin'. Name of Participant: Address: Dated: BY� _ - . . . .. Signature of Participant's Representative Name of Participant's Representative Title of Participant's Representative ,��z.o, 13204 � Exhibit 1 .�._ •- - -•----- DRAFT __ i ;Warden Oit Site Potential Responsibla Party Totals i ga,ions � , t 1 ;Soo Mtilwaukee RR ! 905325� � ;",1ilo Edei � Td22�6! 3 �John ��J��hlen 4� t515i a Larry SchaH , 3o0540i 5 �Albrecht Oi! � o Northwest Airlines � � 7 i hletro Waste Control and MTC s ;eer,'s � 9 ;Hone�f.veil -...- 10 'Rol�irs Oil Co. Inc., County Rd. C. Roseville i t j�T.C.R. Corp. -- 12 �h1N Rubber 13 I C.S. McCrossan 14 FGopher Oi! Co. 15 �City ot Fridley 16 IBrookdale Pontiac 17 IT.J.'s Waste Oil Services, BeaverCreek 18 ;Product Design & Eng. 19 ISuper Value 20 IChicago NW RR._ _ _ 2t ;Ziegter 22 �Smith Bros. 23 �Waste Oii Services 24 j Plastic Inc. 25 �Humbotdt Service Unocal 76 Roy_s Union 76 26 IGatevvay Foods 27 jDuke's Amoco 23 13'�1 Center � 29 ;Stan Koch b Son's 30 :Paul ti'�i(liams Tire 31 Graco Inc. 32 ;Ooty 3� Son's � ___ 33 ;Courier Dispatch _ 3a �,4linnegasco ._ 35 �People's PIus/Kunz Oil Co. gas station in Richfield 36 !N.W. Sv,�issmatic 37 jHiawatha Rubber w , 38 IMaplewood Toyota 39 IArlen Lindquist _ .. �_ a0 ICity of Richfield M_ .,_ 41 I Ooc'S Auto __ _ ,._ a2 ;Griggs Construction . '� a3 �Summit Gea� _ �.. 4.i �McGill 8� Jensen 4� 5 jPump & Mete�of Nopkins __. 46 iCity ot Mpls. . I . ._ i i � 236154; 231T9T� 2a8045i 201223i 140280' 74500� 6�525� 59275 j 4995a1 48350 46675 4aJ0a s30�0 334�0 382Z5 37125 31200 29625 28325 Z6100 2TT10 27350! 25150; 248351 Z3325� 23150� 13110 11425 20550 18300� 17750 � 171T5 16955 16d50 16055 i57ao 1d650 13425 13410 4b43914 Other amounts not attributablc to a PRP; 2530 �� Total Amount Identified� 6Z257�1 PRPs 1-43 � 45 as pPrcenlagyq{tq�amount identifie�l� 7a 592149 per.,2nt as tcta( of yallons iCe^tified 1 �.3�2135544 t _.3871'��d843 ?.��v939385 5. t Z 9374039 s . 3 E 3543244 3 �ssa7925a 3.:.� 0524383 3.13� 184530 Z.39�037638 1.271427174 t.t336i8122 t .011595245 0.825 S 4T103 0.756561924 Q.75642985a 6.745383515 �.73d526518 0_355851628 0.852353d70 0.533� 0. �32463461 0.505584296 0.483398318 0.479558438 0.472902844 0.470172082 0.»29213335 o.a23as7soz 0.398067635 0.395081062 Q.394398416 0.365641976 0.35��os�a� 0.3 t 2310299 Q.293110896 0.299356346 0.2d0737947 0.273996823 Q.26793834d 0.250018901 0. 229112883 0.228856891 79.253670542 � Exhibit 2 Second Contribution by Participants Pursuant to First Amendment to the Warden Oil Site Interim Funding Agreement _ , ; ; E�erce�t c�f �'ota( ; ` ` ' Gaf�ar�s �hfle jediy;' , ; 'a�t�cipar;��lPoE�r�t�a�ly �afior�s i�f'C�. ' fc�er��r�ied:;�o� :.Secon R:esRans}ble;;Pa�tY ` Afiei�es .:: ParticiQant�'n� t�,� : r�,f,t�=�,� t# __, _ . .:.::. .. . ..:. Soo Line Railroad Company Northwest Airtines Metropolitan Council Honeywell NSP T.C.R. Corp. Minnesota Rubber Gopher Oil Company City of Fridley Brookdale Pontiac Owens-Illinois (Product Design) Supervalu Chicago NW Railroad (Union Pacific) Ziegler Plastics, Inc. 3M Stan Koch 8� Sons Paul Williams Tire Graco Inc. Courier Dispatch People's PIus/Kunz Oil N.W. Swissmatic Hiawatha Rubber Maplewood Toyota City of Richfield TOTAL 901,325 231,797 208,045 140,280 100,000 66,425 59,275 49,589 48,350 46,675 43,675 43,040 38,430 38,225 29,625 27,550 27,350 25,150 24,835 23,150 21,425 20, 550 18,300 17,750 16,955 2,267.771 0.397449743 0.102213583 0.091739863 0.061858098 0.044096163 0.029290876 0.026138001 0.021866846 0.021320495 0.020581884 0.019258999 0.018978989 0.016946155 0.016855758 0.013063488 0.012148493 0.012060301 0.011090185 0.010951282 0. C i 0208262 0.009447603 0. 009061762 0.008069598 0.007827069 0.007476504 �59,617.47 $15, 332.04 513,760.97 S9,278.70 56;614.43 �4,393.62 �3,920.70 �3,280.02 �3,198.06 �3,087.27 52.888.85 52,846.85 52,541.93 �2,528.37 $1,959.51 � 1, 822.26 $1,809.06 �1663.53 �1,642.68 W?,53?.23 �1,500.00 $1, 500.00 $1, 500.00 �1,500.00 $1,500.00 151,217.55 'The contribution is determined by multiplying the individual Participant percent by $150,000, except that the minimum second contribution is $1,500 per Participant. ��3g.o► 13.06 _ � � CfTY OF FRIDLEY MEMORANDUM TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager �, -� i �, DATE: SUBJECT: September 25, 1998 Additional Settlement for MPRS Lawsuit William W. Burns City Manager I received the attached correspondence from Charles LeFevere, the attorney for the cities involved in the MPRS lawsuit. Mr. LeFevere has requested that the cities involved agree to a$15,000 settlement offer. He believes the offer would eliminate the need for reporting requirements relative to our police officer selection processes. It would appear that the City of Fridley's share of the $15,000 is minor, and that Mr. LeFevere's effort is worthwhile. I recommend Council's approval of the attached resolution. WWB:rsc Attachment 14.01 C H A R T E R E D TO: FROM: DATE: RE: 470 Pillsbury Cencer 200 Souch Sixth Screet Minneapolis MN 55402 (612) 337-9300 telephone (6 t 2) 337-9310 fax e-mail: atrysC�kennedy-graven.com MEMORANDUM RECEIVED SEP 2 1 19� CHARLES L. LEFEVERE Attorney at Law (612)337-9215 c leFevere@kennedy-graven. com CONFIDENTIAL: ATTORNEY-CLIENT PRIVILEGED MATERIAL City Managers of Defendant Cities Charles L. LeFevere �'�fc�� September 18, 1998 Starks and Fields v. MPRS, et al. As you may recall, the above referenced case was remanded (returned) to the District Court for reconsideration of the District Court's original attorneys fees award. The District Court made a substantial reduction to the award of attorney's fees to plaintiffs, but it also took the opportunity to amend its order relating to police officer selection. The order formerly required on-going reporting to the court and court oversight over any future use of the MPRS testing process. The court has now amended the order to expand the court's reporting requirements and oversight to a� written examination used for police officer selection. This places the defendant cities under the jurisdiction of the court with an ongoing requirement to provide some sort of report on testing procedures for the next five years. This new aspect of the court's order was of sufficient concern to the League of 1Vlinnesota Cities Insurance Trust (LMCIT) that it agreed to challenge the amendment in an appeal to the Court of Appeals. If an appeal is brought, and if it is successful, the cities will not be required to submit any further reports to the court. However, if the appeal is not successful, reports will be required. Such reporting will involve at least the burden and expense of record keeping and the advice and assistance of legal counsel to prepare and submit the required reports to the court. This case has been reassigned to a new judge (Judge Solum has retired) and it is not known what reportin will be required by the court. `� Any such reports will be submitted to the attorney for the plaintiffs, thereby exposing the cities to possible costs for plaintiffs' attorney's fees and expert witness costs. If the court reviews the reports, and for some reason finds the testing activities of cities to be unlawful or questionable, CLL-150285 MP i 10-2 14.02� the cities could be in the position of defending the new testing processes as they have had to defend the MPRS testing process. I have been discussin� with the plaintiffs' attorney the possibility of reaching an agreement for a complete settlement of this case so no further reporting to the court would be required, the damages would be paid, and this case would finally be put to rest. �x��-a.�-P hPP" ah�P rn red�e the plaintiffs' demand for such a�.eltleme�t-te-�-�S,QQ4-�.Plus�--th?� damages and attorneys fees, whic.". ha•�� a�*'Pa��been awarded by the court) The avera�e cost of this�t�.l�x��r�t�er cit� would be $417. The MPRS executive committee has recommended this settlement to its members and to the other defendant cities and has recommended that the $15,000 be spread among the defendants on the basis of the formula that has been a reed to for other damages. Attached is a spreadsheet showing the results of such an allocation of the a itiona 15,0 among the defendant cities. Also attached is a draft resolution for consideration by your city council approving the proposed settlement. We would appreciate it if you could present this to your city council at the earliest opportunity. This settlement, if approved by the cities, will be contingent upon final dismissal of the case. It is possible that the District Court will de �inP r� ap��,rove such a settlement, and we will be forced to proceed with the appeal. However, both the attorney for the plaintiffs and I believe it is highly likely that, if both parties agree, a dismissal will be approved by the court. I believe that the cities have a good chance of succeeding in the appeal of this case. However, success is not certain, and if the appeal is unsuccessful, the cost of further proceedings in District Court, together with the commitment of city staff resources necessary' to submit necessary reports, would quickly exceed the amount proposed as a settlement. Plaintiffs' attorney stated that this proposed settlement is acceptable only for the very near term futur.e.�In fact, he o�iginally stated that it would have to be accepted by September 18, 1998. I informed him that the proposal would be submitted ot the cities but that approval by all 36 cities by that date would not be possible. Nevertheless, I believe that it is important that the cities act as promptly as possible on this proposed settlement. If you have any questions or comments, please feel free to give me a call at (612) 337-9215. Please advise me as soon as possible about your city council's decision. cc: Mr. Larry Thompson Mr. Cliff Greene Ms. Dayle Nolan Mr. Tom Barrett Mr. Kevin Rupp CLL-150285 2 MPI10-2 14.03 RESOLUTION NO. RESOLUTION APPROVING SETTLEMENT AND AUTHORIZING PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: Section 1. Background. 1.1. The City of Fridley (hereinafter referred to as the "City") is a defendant in the cases of Starks v. Minneapolis Police Recruitment System, et al.; Hennepin County District Court File No. EM93-219; and Fields v. Minnesota Police Recruitment System, et al.; District Court File No. EM93-218. 1.2. The Court has concluded in said actions that the defendants violated Minnesota Statutes, Chapter 363, the Minnesota Human Rights Act, in the administration of the Minnesota Police Recruitment System (MPRS) testing process for entry level police officers employment screening and that defendants are obligated to pay certain damages and penalties. 1.3. The City has previously approved a formula for the allocation of costs and damages among the defendants. 1.4. The order of the Court also requires ongoing reporting to the Court of information about all written tests used by the City for police officer selection until January 1, 2004. 1.5. The Council has been presented with a proposal for settlement of these cases under which the defendant cities would collectively pay the sum of Fifteen Thousand Dollars ($15,000) in addition to damages, costs, and fees previously awarded by the Court if counsel for plaintiffs and defendant are successful in securing a complete dismissal of the cases. 1.6. The Council has determined that it is in the public interest to settle the cases to avoid the administrative burden, commitment of staff resources, attorneys' fees and costs associated with ongoing reporting to the Court. 1.7. The MPRS has proposed that payment of the settlement be allocated among the defendant cities in accordance with Attachment One to this resolution, which allocation is the same as that used for costs and damages previously awarded by the Court, and which allocation the Council finds to be fair and reasonable. 14.04 Section 2. Approvals and Authorizations. 2.1. Settlement of the cases for the total payment of Fifteen Thousand Dollars ($15,000) plus damages, costs and fees previously awarded by the Court is approved, contingent upon first securing from the Court a total dismissal of the case with prejudice. 2.2. The City consents and agrees to payment of its share of such settlement in accordance with the allocation set forth in Attachment One. 2.3. The City Manager and City Finance Director are authorized and directed to make payment for the City's share of such settlement upon notification from legal counsel that final settlement has been reached and dismissal has been secured. 2.4. This resolution does not amend any previous agreement among the defendant cities for allocation of damages, costs, disbursements, plaintiffs' attorneys' fees, defense costs, and defendants' attorneys' fees. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28� DAY OF SEPTEMBER, 1998. ATTEST: DEBRA A.SKOGEN - CITY CLERK. NANCY J. JORGENSON - MAYOR 14.05 � ` CRY OF FRIDLEY CLAIMS SEPTEMBER 28, 1998 CLAIMS 82880 - 83129 16.01 � � qTY OF FRIDLEY Type of License CIGARETTE SALES North Air Home Association Knights of Columbus 6831 Highway 65 N.E. Fridley, MN 55432 ENTERTAINMENT North Air Home Association Knights of Columbus 6831 Highway 65 N.E. Fridley, MN 55432 FOOD ESTABLISHMENT North Air Home Association Knights of Columbus 6831 Highway 65 N.E. Fridley, MN 55432 LIQUOR ON-SALE CLUB North Air Home Association Knights of Columbus 6831 Highway 65 N.E. Fridley, MN 55432 TEMPORARY LIQUOR SALES Totino-Grace High School 1350 Gardena Avenue Fridley, MN 55432 LICENSES SEPTEMBER 28, 1998 � Richard Spanier Richard Spanier Richard Spanier Richard Spanier Greg Balego 17.01 A�proved Bv: . Fees: Police Dept.; Fire Dept.; $125.00 Community Development Building Inspection Police Dept.; Fire Dept.; Community Development Building Inspection Police Dept.; Fire Dept.; Community Development Building Inspection $85.00 $45.00 Police Dept.; Fire Dept.; $125.00 Community Development Building Inspection Council Only $120.00 / ` CfTY OF FRIDLEY ELECTRICAL Pete's Repair Inc 8835 Xylon Ave N Brooklyn Park MN 55445 GAS SERVICES Air Conditioning Assoc Inc 689 Pierce Butler Route St Paul MN 55104 LICENSES SEPTEMBER 28, 1998 Pete Perusse Lois Matthews Countryside Heating & Cooling Services 6511 Hwy 12 Maple Plain MN 55359 Craig Schumacher Pete's Repair Inc 8835 Xylon Ave N Brooklyn Park MN 55445 Pete Perusse GENERAL CONTRACTOR-COMMERCIAL Allen Construction (Exempt) 116 Olson Dr Apt 1 Grantsburg WI 54840 Floyd Allen Fridley United Methodist Church 680 Mississippi St Fridley MN 55432 Gerald Robb Harms Brook Construction 6541 134 Ave W Apple Valley Mn 55124 Hilltop Tailer Sales 7810 University Ave NE Fridley Mn 55432 Kemling Aluminum Products Rt 1 Box 369 Ottertail MN 56571 Pete's Repair Inc 8835 Xylon Ave N Brooklyn Park MN 55445 Brook Harms Dick Pearo John Kemling Pete Perusse 17.02 STATE OF MINN RON JULKOWSKI Building Official f. .�a Same � RON JULKOWSKI Building Official Same Same Same Same Same Sawyer Built Homes 7091 Hwy 65 Fridley MN 55434 Duane Sawyer Zaske Construction 211 I.eighton Dr #1 Big Lake MN 55309 Jim Myers GENERAL CONTRACTOR-RESIDENTIAL Becker Richard Construction(20118341) 12231 Flintwood St NW Coon Rapids MN 55448 Richard Becker Beers Construction (6551) 4208 6 St NE Columbia Heights Mn 55432 Blomquist Mitch Contractor (20047345) 12601 Harpers St Blaine MN 55449 Randy Beers Mitch Blomquist Boehike Remodeling LLC (20016836) 3070 N Cleveland Ave Roseville MN 55113 Brost Commercial Home Repair (20107295) 677 Hamline Ave N St Paul MN 55104 D & D Contractors Inc (6898) 5279 Greenf'ield Ave Mounds View MN 55112 Damont Designers & Builders (20124849) 1630 Hwy 10 NE Spring Lake Park MN 55432 Dingman Construction (2718) 22134 Patch Lake Rd Cold Spring MN 56320 Foss Trevor Roofing Inc (20064313) 5260 Lake Sarah Heights Dr Loretto MN 55357 G W Construction (5802) 7949 Lee Ave N Brooklyn Park Mn 55443 Willis Boehlke Joe Brost Dennis DuMoulin Paul Funke John Dingmann Trevor Foss Greg Whitley 17.03 Same Same STATE OF MINN Same Same Same Same Same Same Same Same Same Hetherwood Construction (20038828) 3523 Hennepin Ave Minneapolis MN 55408 Herzog Joseph P Contractor (1596) 5538 Mayview Rd Minnetonka MN 55345 Home Pride Builders (20072528) 177 Smoke Tree Lane Lino Lakes Mn 55014 J D Construction Inc of Anoka (5157) 926 Black Oaks Lane Anoka MN 55303 Marinaro Jim Construction (20023644) 719 Paul Parkway Blaine MN 55434 Monti's Building & Remodeling (8825) 1000 113 Ave NE Blaine MN 55432 New Covenant Construction (20006112) 5455 Otter View Trail White Bear Lake MN 55110 North Metro Construction (20098397) 525 Tower Pond Ct Anoka MN 55303 Paulson Construction Inc (6329) PO Box 247 Anoka MN 55303 Sawyer Built Homes (20057629) 7091 Hwy 65 NE Fridley MN 55432 Skilcraft Inc (8107) 1601 N Innsbruck Dr #126 Fridley MN 55432 Snook Company (20134235) 25 E Hayden Lake Rd Champlin MN 55316 Bill Woods Joe Herzog Mark Fick Jo Schmit James Marinaro Monti Gesino Dan Mottl Gavin Borkowski Doug Paulson Duane Sawyer Don Ballinger Scott Snook 17.04 Same Same Same Same Same Same Same Same Same Same 1 STATE OF MINN HEATING Air Conditioning Assoc Inc 689 Pierce Butler Route St Paul MN 55104 Countryside Heating & Cooling 6511 Hwy 12 Maple Plain Mn 55359 Pete's Repair Inc 8835 Xylon Ave N Brooklyn Park MN 55445 Pfiffner Heating & Air Cond 6301 Welcome Ave N Brooklyn Park MN 55429 MASONRY Total Home Improvement 775 Torchwood Dr New Brighton Mn 55112 PLUMBING Cokley Plumbing 1014WCoRdI Shoreview MN 55126 Fritze Plumbing 9381 Trenton Lane N Maple Grove MN 55369 ROOFING Dalsin John A& Son Inc 2830 20 Ave S Minneapolis MN 55407 Rayco Construction Inc 3801 5 St NE Columbia Heights MN 55421 SIGN ERECTOR Kar Park Signs 2010 E Hennepin Ave Minneapolis MN 55413 Lois Matthews Craig Schumacher Pete Perusse Penny Kane Joseph Shun James Cokley Larry Fritze Robert Dalsin Ray Ellis Jeffery Yates 17.05 RON NLKOWSKI Building Official Same Same Same Same STATE OF MINN Same RON JULKOWSKI Building Official Same RON JULKOSKI Building Of�cial WRECKING Sauter & Sons Inc 14050 Azurite St Anoka MN 55303 Thomas Sauter ��.os RON JULKOWSKI Building Official � � CITY OF FRIDLEY Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 ESTI MATES SEPTEMBER 28, 1998 Services Rendered as City Prosecuting Attorney for the Month of June, 1998 .................................................. $ 16,817.50 �$.a1 CITY OF FRIDLEY PROJECT SUMMAIZY DESCRIPTION OF REQUEST: William Zbikowski has requested consideration of a rear yard variance to allow an 8' vs 25' setback to allow construction of a 100' x 200' addition to his industrial facility at 7500 Commerce Lane. SUMMARY OF ISSUES: Code Section 205.18.03.D ( 3) requires a rear yard depth of not less than 25'. Currently the Zbikowski building has a 108. 57 average rear lot setback. The petitioner proposes a 100' x 200' addition. The 100' dimension will project toward the west (rear) property line. The 200' dimension will align with the north building face and then project southward creating an "L" shaped footprint. The addition will extend 70' south of the existing building. Though detailed building plans and elevations have not been prepared, the petitioner has indicated that loading dock doors will be placed on the east face of that portion of the building that projects south of the existing building. These doors will face Commerce Lane and will require planting aisle screening to mitigate the impact of overhead doors facing the public right of way. Because the overhead doors are technically in the sideyard, a variance is not required, but planting to mitigate the visual impact will be important. HARDSHIP STATEMENT: Our plans are for an addition of 100' x 200' to our existing building. According to the enclosed cerhficate of survey, we have only 108.5 Average feet remaining. By building 100 feet wide would leave 8.5 feet to the property line. The building to the west of us is 75 feet from the property line, which makes 83.5 feef between buildings. Due to present and future placemenf of machinery and aisles required, our plans require the 100'... PREVIOUSLY GRANTED VARIANCES: In 1990 the City of Fridley granted a variance from 25 feet to 8 feet for Humberto Martinez, 7786 Beech Street N.E. APPEALS COMMISSION RECOMMENDATIONS: The Commission recommended approval of variance request VAR #98-26 with the following stipularions: 1. The building grounds be modified to meet the current minimum landscape requirements. 2. Additional parking stalls shall be provided to meet Code requirements. The precise number shall be based on the use of space within the addition. RECOMMENDED ACTION: Staff recommends that the City Council concur with the Appeals Commission. 19.01 Staff Report VAR #98-26, 7500 Commerce Lane Page 2 PROJECT DETAILS Petition For: William Zbikowski has requested a 17' variance to allow an 8' vs 25' rear yard setback and the construction of a 100' x 200' addition to his industrial facility at 7500 Commerce Lane. Location of Property: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: Site Planning Issues: Adjacent Sites V�� 7500 Commerce Lane Utilities available in right of ways surrounding the site Via Commerce Lane NA Additional hard-surface parking and building will require new drainage calculations. The zoning and use of this site is consistent with the Comprehensive Plan. To be taken SOUTH: EAST: Zoning: M-2, Heavy Industrial Zoning: M-2, Heavy Industrial Zoning: M-1, Light Industrial NORTH: Zoning: M-2, Heavy Industrial DEVELOPMENT SITE 19.02 Land Use: Industrial Land Use: Industrial Land Use: In(iustrial Land Use: Industrial Staff Report VAR #98-26, 7500 Commerce Lane Page 3 Request: A 17' variance to allow the construction of a 100' x 200' addition to his industrial facility at 7500 Commerce Lane. Site Description/ History: In May 1973, a permit was issued for a 100' x 100' concrete block machine shop. In September 1982, a permit was issued for a 200' x 130' addition to the building constructed in 1973. In July 1995, a permit was issued to re-roof the building. In 1996, straight line wind caused debris from an adjacent building to destroy roof-top units at this industrial facility. Analysis Code Section 205.18.03.D ( 3) requires a rear yard depth of not less than 25'. Currently the Zbikowski building has a 108. 57 average rear lot setback. The petitioner proposes a 100' x 200' addition. The 100' dimension will project toward the west (rear) property line. T'he 200' dimension will align with the north building face and then project southward creating an"L" shaped footprint. The addition will extend 70' south of the existing building. Though detailed building plans and elevations have not been prepared, the petitioner has indicated that loading dock doors will be placed on the east face of that portion of the building that projects south of the existing building. These doors will face Commerce Lane and will require planting aisle screening to mitigate the impact of overhead doors facing the public right of way. Additional landscape on the site would aid in screening the new dock door location from the public right-of-way. Currently the site plan would not meet the minimum requirements for landscape materials. If the request is approved, staff recommends that the site be brought into compliance with the minimum landscape requirements of the Heavy Industrial district. The City Building Official, Ron Julkowski, has met with the petitioner to analyze the use of space in the building. As planned there will be fire separations within the building. These fire separations combined within the overall size of the building will allow the building to be constructed without a 60' clear open-space surrounding the building. Otherwise, once industrial complexes reach a certain size, if they have not been designed with fire separations inside, a 60' open-space is required between the building and the property line. Lot coverage with the addition is 27.5%. Code allows 40% for a 1-story 3 19.03 Staff Report VAR #98-26, 7500 Commerce Lane Page 4 building. Assuming half of the new space is occupied by manufacturing purposes and half of the space is to be used for warehouse storage purposes, 30 additional parking spaces will be required. PREVIOUS SIMILAR VARIANCES GRANTED: In 1990 the City of Fridley granted a variance from 25 feet to 8 feet for Humerto Martinez, 7786 Beech Street N.E. APPEALS COMMISSION RECOMMENDATIONS: The Commission recommended approval of variance request VAR #98 this request, staff suggests the following stipulations: 1. The building grounds be modified to meet the current minimum landscape requirements. 2. Additional parking stalls shall be provided to meet Code requirements. The precise number shall be based on the use of space within the addition. RECOMMENDED ACTIONS: Staff recommends that the City Council Concur with the Appeals Commission. G! 19.04 C1TY OF FRIDLEY 64.31 UNIVERSITY AVENUE FR1Dl.EY, MN 55d32 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential �Commerciallindustrial Signs PROPERTY INFORMATlON: - site plan required for submittai, see attached Address: 750 0 -CoM�ytRC�' LAN� Property identification Number. Legal Description: Lot � Block Tract/Addition ['o MM e`RC,E P.SIR,C Current Zoning: Square footage/acreage: 3, 8 8 S At�Rt s _ Reason for Variance: 5�!� �rr�M�� Have you operated a business in a city which required a business license? Yes •� No If Yes, which city? �'��a•t � y If Yes, what type of business? �A��`/��`E syaA _ Was that license ever denied or revoked? Yes No �_ 1r�r�rr.ti�ti��►�r1��r�rtitilrti ^r��lrtitilr�4^r�r�Vtir�rti�►r4�4��M1rti�V�rtitiM�Yr�r�rti�r�r 4Sr FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: W � ��/� M ZBiKa �✓sK� ADDRESS: IG9/-C'�ME�or�N�JE - fiPiod6y - DAYTIME PHONE: S?/•�y8o SIGNATUREJDATE: '9� _��..�_...__....... .........._....,._....�.,.........._.._....,.............,..... ...............�..........r.........-,.-,. PETITIONER INFORMATION � NAM E: ' ADDRESS: _ DAYTIME PHONE: SIGNATURE/DATE: ArSr�r�V�V V�►Nti�rNti�V�Y^rti�V�r�r�V�rAr�V�V�r�r�r�r�rti�V�V�V�V�V �VN�Y�V�V�YrNM.V�V�r�V�V�V1r1V1V�YAr�Vw�r�V�V4�Vti�Vti�VAr1V�V Section of City Code: FEES � Fee: $100.00 for commercial, industrial, or signs: � � Fee: $60.00 for residential properiies: Receipt #: D� Received By: Application Number: � �i'�- �(p Scheduled Ap'eals Commission Date: ,,, ' � �l� � Scheduled City Council Date: __ 10 Day Application Complete Notification Date: 60 Day Date: 19.05 �� !/ 1 � � 7500 COPJIMERCE LANE, FRIDLEY, MINNESOTA 55432 JIGS, FIXTUFiES, PRECISION PRODUCTION CNC-NC MACHINING AUGUST 6, 1998 CITY OF FRIDLEY MUNICIPAL CENTER 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 ATTN: SCOTT HICKOK Phone (612)571 REFERENCE OUR DISCUSSION REGARDING SET BACK FROM PROPERTY LINE OUR PLANS ARE FOR AN ADDITION OF 100 FEET X 200 TO OUR EXISTING BUILDING. ACCORDING TO ENCLOSED CERTIFICATION OF SURVEY, WE HAVE ONLY 108.5 AVERAGE FEET REMAINING. BY BUILDING 100 FEET WIDE WOULD LEAVE 8.5 FEET TO PROPERTY LINE. THE BUILDING WEST OF US IS 75 FEET FROM THE PROPERTY LINE, WHICH MAKES 83.5 FEET BETWEEN BUILDINGS. DUE TO PRESENT AND FUTURE PLACEMENT OF MACHINERY AND AISLES REQUIRED, OUR PLANS REQUIRE THE 100 FEET WIDE OF THE BUILDING. DUE TO COLD WEATHER APPROACHING AND PENALTIES FOR BUILDING IN COLD CONDITIONS, WE WOULD APPRECIATE YOUR DECISION ON THIS MATTER AS SOON AS POSSIBLE. YOURS TRULY, ,v /. � ^ ,(�!��r,,.t�� f G�cw�Gi WILLIAM ZBIKOWSKI PRESIDENT TOOLKRAFT, INC. 19.06 � D � �. �C � A� T, � �! � 7500 COI'�/IMERCE LANE, FRIDLEY, MINNESOTA 55432 JIGS, FIXTURES, PRECISION PRODUCTION CNC-NC MACHINING SEPTEMBER 4, 1998 CITY PLANNING COORDINATOR 6431 UNIVERSITY AVENUE NE FRIDLEY, MN 55432 ATTN: MR. SCOTT HICKOK REF: VARIANCE ��98-26 TOOLKRAFT, INC. Phone 1612) 571 - 7480 HAVE RECEIVED YOUR LETTER OF AUGUST 28, 1998. UNFORTUNATELY MR. ZBIKOWSKI WILL BE OUT OF THE COUNTRY UNTIL APPROXIMATELY SEPTEMBER 15TH. WE BELIEVE HE HAD OUTLINED THE NEED FOR A VARIANCE IN A LETTER TO YOU. WE HOPE YOU CAN CONVEY TO THE MEMBERS OF THE PLANNING COMMISSION THE NEED FOR OUR COMPANY TO EXPAND THE BUILDING IN THE DIRECTION WHICH IS BEST SUITED TO OUR NEEDS. THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER. SINCERELY, � ` �Y1 aL c�� d MARG ARE�LOYO OFFICE MANAGER 19.07 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Property owners within 350 feet of 7500 Commerce Lane CASE NUMBER: VAR #98-26 APPLICANT: William Zbikowski, Toolkraft, Inc. Petitioner or representative must attend the Appeals Commission meeting. PURPOSE: To reduce the rear yard setback from 25 feet to 8.4 feet to allow the construction of a 100 foot by 200 foot addition to an existing industrial building LOCATION OF PROPERTY: 7500 Commerce Lane LEGAL DESCR/PTION: That part of Lot 2, Block 4, Commerce Park, lying East of a line drawn North, at a right angle to the South line of said lot, from a point on said South line distant 435 feet West of the Southeast corner of said Lot 2 DATE AND TIME OF Appeals Commission Meeting: HEAR/NG: Wednesday, September 9, 1998, 7:30 p.m. The Appeals Commission meetings are televised live the night of the meeting on Channel 35. PLACE OF HEAR/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, at 6431 University Avenue N.E., Fridley, MN 55432, or fax at 571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMMODAT/ONS: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 2, 1998. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator, at 572-3599. Mailing Date: August 28, 1998 19.08 � _ City of Fridley Community Development Department Variance Notification LEGEND 0 LOT/PARCEL Water Features //� Parks VAR #98-26 7500 Commerce Lane Toolkraft, Inc. � A T s«,roes: ArxJoNer a�c,�,�y as � � C� � � �- !�J � � 0 � � � �4 Q� V/ Certificate of Survey for: Tool kraft, I n c. Mattke En�ineerin�, lnc. 7671 Centra Avenue . Fridley, MN 55432 (s� 2) �a.3—osoo os.7t' � � V � h � � , , . S90'00'00'E 403.42 i r � J Scale: 1 "=10Q' 0��\�`c� N ° � � � L� .. OS"45�32� °o � 0 w � �� 4 Q d�� F� �J 0 435.00 S90'00'00"E n 0 � Not.: m. soutn un. of Lot T Is �aamd to s.ar � hereb certif that this surve was re ared b me or under s�oroo'oo-E y Y Y P P Y my supervision, and that I am a duly lieenaed Land Surveyor • n«,ot.. Found tron Mo��ment under the laws of the State of Irlinnesota. O D�notw S�t 1/T' Iron Plp� �/ Cap 'liLS 1361Y �� .j.�� s./S/9� / ( Todd W. Mattke Oate MN Land Surveyor �15612 Legal Description ' � That part of Lot 2, Block 4, COMMERCE PARK lying East of a line �" drawn North, at a right ongle to the South line of said lot, from a point on said South line distant 435 feet West of the Southeast corner of said Lot 2. __ __ CITY OF FRIDLEY APPEALS COMMISSION MEETING, SEPTEMBER 23, 1998 CALL TO ORDER: Vice-Chairperson Mau called the September 23, 1998, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Terrie Mau, Blaine Jones, Carol Beaulieu Ken Vos (arrived at 7:40 p.m.) Members Absent: Larry Kuechle Other Present: Scott Hickok, Planning Coordinator William Zbikowski, Toolkraft, Inc., 7500 Commerce Lane . ... � . � . : . . ..; . •. . • • � MOTION by Ms. Beaulieu, seconded by Mr. Jones, to approve the September 9, 1998, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON MAU DECLARED THE MOTION CARRIED UNANIMOUSLY. TABLED• PUBLIC HEARING• CONSIDERATION OF VARIANCE REQUEST. VAR #98-26. BY WILLIAM ZBIKOWSKI (TOOLKRAFT. INC.I: Per Section 205.18.03.d.(3) of the Fridley Zoning Code, to reduce the rear yard setback from 25 feet to 8.4 feet to allow the construction of a 100 foot by 200 foot addition to an existing industrial building on that part of Lot 2, Block 4, Commerce Park, lying East of a line drawn North, at a right angle to the South line of said lot, from a point on said South line distant 435 feet West of the Southeast corner of said Lot 2, generally located at 7500 Commerce Lane. M TI N by Mr. Jones, seconded by Ms. Beaulieu, to remove this item from the table and reopen the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON MAU DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING REOPENED AT 7:31 P.M. 19.11 APPEALS COMMISSION MEETING, SEPTEMBER 23, 1998 PAGE 2 Mr. Hickok explained that the petitioner, Mr. Zbikowski, has requested a seventeen (17) foot variance to allow the construction of a 100 foot by 200 foot addition to his industrial facility at 7500 Commerce Lane. The property is zoned M-2, Heavy Industrial, and is surrounded by Industrial property. Mr. Hickok stated that at the September 9th meeting, the Appeals Commission considered a rear yard variance to allow an 8 foot versus 25 foot rear yard setback. Due to the absence of the petitioner, this item was tabled until the September 23 meeting. He stated Mr. Kuechle had asked about the relationship of this building to the building west. He had answered that the previous building was blown down during a straight-line wind two years ago. That building's east building face ran parallel to the east lot line, set 75 feet back from the property line. The new building runs parallel to Osborne Road with only 75 feet at its corner touching the property line. Mr. Hickok presented a diagram of the site. Mr. Hickok stated that in 1990 the City of Fridley granted a variance from 25 feet to 8 feet for Humberto Martinez at 7786 Beech Street N.E. Staff has no recommendation on this case since this variance request is within the same parameters as the Martinez variance. However, if the Commission chooses to approve the request, staff recommends that the following stipulations be made part of the approval: 1. The building grounds shall be modified to meet the current minimum landscape requirements. 2. Additional parking stalls shall be provided to meet Code requirements. The precise number of stalls shall be based on the use of the space within the addition. Mr. Zbikowski stated they are ready to proceed based on the City's requirements. Mr. Jones asked if the parking and landscape requirements are acceptable. Mr. Zbikowski stated, yes. He stated they do intend to put in a row of trees along the driveway so that the door will be less visible. The door will be painted the same color as the building. Mr. Zbikowski stated that they have approximately 3,000 yards of dirt on the property in preparation of the building and he has been told that this dirt cannot be moved outside the area. Mr. Hickok stated he is not aware of any laws which would restrict the movement; however the Public Works Department does require a Land Alteration Permit and it is possible that this is a requirement under that permit. 19.12 APPEALS COMMISSION MEETING, SEPTEMBER 23, 1998 PAGE 3 Ms. Beaulieu asked why the addition could not be constructed to comply with the current zoning code. Mr. Zbikowski explained that the size is necessary in order to provide for the machinery space. The machinery utilizes approximately 25 feet in width alone. Additionally, they need to provide adequate isles befinreen. They do not want to compromise safety. Ms. Mau asked how far the company's south property line extends and whether it extends beyond the bituminous surface in the vacant lot. Mr. Zbikowski stated that Toolkraft owns the vacant lot as well. (Mr. Vos arrived at 7:40 p.m.) MOTION by Ms. Beaulieu, seconded by Mr. Jones, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON MAU DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:40 P.M. MOTION by Ms. Beaulieu, seconded by Mr. Jones, to approve Variance Request #98- 26, to reduce the rear yard setback from 25 feet to 8.4 feet to allow the construction of a 100 foot by 200 foot addition to the building with the follow stipulations: 1. The building grounds shall be modified to meet the current minimum landscape requirements. 2. Additional parking stalls shall be provided to meet Code requirements. The precise number of stalls shall be based on the use of the space within the addition. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON MAU DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated this item will go to the City Council on Monday, September 28. RespectFully submitted, Tamara D. Saefke Recording Secretary 19.13 � � FRIDLEY CITY COUNCIL MEETING OF cmroF SEPTEMBER 28, 1998 FRIDLEY INFORMAL STATUS REPORTS