12/10/1990 - 5140� FRIDLBY CITY COIINCIL MEETING
� a-� ATTENDENCE SHEET
� Manda�r, December 10, 1990
7:30 P.M.
PLEASE PRINr NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
ITEM
�RINT NAME (CLEARLY) ADDRESS NUMBER
� FRIDLEY CITY COUNCIL
�
CI1 YOf D$CB1i88it 10 � 1990
FRI �LEY
�: . :�
►�Pl tOVAL OF ItINII�88:
City Council Keetinq of November 19, 1990
� M'ION OF 1�if3BNDA:
OPS N FORIIM, VISITORS:
(Consideration of items not on aqenda - 15 minutes)
Q� BII8INE88:
Second Readinq of an Ordinance
Rec.odifying the Fridley City Code,
Ch<.pter 205, Pertaininq to Landscaping . . . . . . . . . 1 - 1.70
FRI )L8Y CITY COO�TCIL x8$TIxG, DBCB1[8$A 10 � 1990 paq• �
• � :�: �i':l+ ;1�1��
Sec�nd Readinq of an Ordinance
Rec�difyinq the Fridley City Code,
Cha;�ter 206 Entitled "Buildinq Code,"
by ,►mendinq Sectione 206.01.02,
206 01.03, 206.01.04, 206.01.05,
206 03.02 and 206.05 . . . . . . . . . . . . . . . . . . 2 - 2U
Secc�nd Readinq of an Ordinance
Est�blishing Solid Waste Abatement
Proc ram Fee . . . . . . . . . . . . . . . . . . . . . . . 3 - 3C
Appcintment to the Appeals Commission
(Ta� led 11/19/90) . . . . . . . . . . . . . . . . . . . . 4
NEW sII8INE88:
Resolution Providing for the
Issuince and Sale of $1,615,000
Gene�al Obligation Water Revenue
Bond �, Series 1991A . . . . . . . . . . . . . . . . . . . 5 - 5T
�RiD L$Y CiTY COII�TCiL l[BBTi�G, DBCBMBBB l0, 1990 Paq� 3
� : : � : ,� : : _ �i• ,�+ ,1�1: .
Resolution Providinq for the
Issu�nce and Sale of $1,020,000
General Obliqation Improvement
Bond s, Series 1991B . . . . . . . . . . . . . . . . . . . 6 - 6U
Receive an Item from the Minutes
of t1e Appeals Commission Meetinq
of O:tober 30, 1990: . . . . . . . . . . . . . . . . . . 7 - 7K
A. Variance Request, VAR #90-30, by
Pat and Rita Boyle, to Reduce
the Side Yard Setback from 17.5
Feet to 4.5 Feet, to Allow the
Construction of a Second Accessory
Buildinq on Lot 1, Block 2, Sylvan
Hills, Generally Located at 6261
Rainbow Drive N.E.
Receive the Minutes of the Planninq
Commission Meetinq of November 14, 1990: ........ 8- 8PP
A. Special Use Permit, SP #90-07,
by Pat and Rita Boyle, to Allow
a Second Accessory Building in
Excess of 240 Square Feet on
Lot 1, Block 2, Sylvan Hills,
Generally Located at 6261 Rainbow
Drive N.E. ......................... 8 - 8C
......................... 8P - 8GG
lRZi LEY CiTY COII�iC2L xEETi�TG, DECEHBER 10, 1990 Paq� �
,�: : � : �. : : .1. �y ��1� .
RecEive the Minutes of the Planninq
Comnission Meetinq of November 14,
199( (Continued):
B. Establish Public Hearinq
for January 7, 1991, for a
Reqistered Land Survey,
P.S. �90-06, by Glacier
Park Company to Replat
that Part of Lote 2 and 3,
Auditor's Subdivision No. 78,
Anoka County, Minnesota,
Generally Located North of
I-694 and West of Main Street
N.E. .............................. 8C
.............................. 8HH - 8PP
Special Use Permit, SP #90-08, by Johrn
Babinski, to Al1ow Exterior Storaqe of �
Materials on Lots 1 throuqh 20, Central
Averue Addition, Generally Located at
129C- 73rd Avenue N.E. . . . . . . . . . . . . . . . . 9 - 9X
Appr�val of Joint Powers Agreement
for the Proposed Fire Traininq
Faci lity . . . . . . . . . . . . . . . . . . . . . . . . 10 - lOH
Receive Bids and Award Contract
to R:furbish the Fridley Fire
Department's Aerial Ladder . . . . . . . . . . . . . . . 11 - 11E
tZtI11LEY CITY COII�TCIL l[E8TZl1G, DECEI[BBB 10, 1990 Baq� S
�: :�: ,�::-
App:�oval of Anendment to the Anisal
Con� :rol Contract . . . . . . . . . . . . . . . . . . . . 12 - 12B
Rec� :ive Computer Specifications and
Reqiiest Approval to Advertise for
Venclor Bids on Software and Hardware . . . . . . . . . . 13 - 13A
Res��lution Authorizinq an Increase
in �'ompensation for Fridley City
Emp:.oyees for the 1991 Calendar Year . . . . . . . . . . 14 - 14A
Resc �lution to Advertise for Bids
for One (1) Six-Wheel Drive Slope
Mowe :r/Tractor . . . . . . . . . . . . . .. . . . . . . . . 15 - 15B
FRi11L8Y CiTY COII�TCiL 1LE$TZ�TG, DECEKB$A 10, 1990 Baq� 6
: � : ,� . : : .1• ,,y ;1�� : • �
Res� �lution �iuthorizinq the
Tra�isfer of Residual Caeh and
Inv�:etment Balances from Various
Deb�: Service Funds to the
Imp:•ovement Bonds of 1980 and
the Closed Debt Service Fund . . . . . . . . . . . . . . 16 - 16A
Res��lution in Support of an
App:.ication for Exemption from
Law:'ul Gamblinq License to the
Chu� �ch of Saint William . . . . . . . . . . . . . . . . . 17 - 17A
Resc�lution in Support of an
App:ication for a Lawful Gambling
ExeY�ption to Totino-Grace High
Schc �ol . . . . . . . . . . . . . . . . . . . . . . . . . 18 - 18A
Resclution in Support of an
App]ication for a Lawful Gambling
Prenise Permit for Fridley Moose
Lodc e No . 3 8 . . . . . . . . . . . . . . . . . . . . . . 19 - 19A
ritll iLEY CITY COD�iCIL l[EETI�O, DEC8ILBBB 10, 1990 paq� 7
.! �i. _ � : ,� ; ; : .�• ;l� _l�� � �
Res��lution in Support of an
App:.ication for a Lawful Gambling
Lia:nse for Fridley Jaycees in
Sanc lee's . . . . . . . . . . . . . . . . . . . . . . . . 20 - 20A
Res� �lution in Support of an
App:.ication for a Lawful Gamblinq
Pre�iise Permit for Fridley Jaycees
in .'oe Dimaqio's .. . . . . . . . . . . . . . . . . . . 21 - 21A
Res��lution in Support of an
App:.ication for a Minnesota Lawful
Gaml►linq Premise Permit for the
Fri� lley VFW Post 363 . . . . . . . . . . . . . . . . . . 22 - 22A
Inf� �rmal Status Reports . . . . . . . . . . . . . . . . . 23
TRZD LEY CITY COQIiCIL ILEETIxG� DECEKBER 10� 1990 paQ• �
._�-i.
Clai
Lice
Esti
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H'�1rIINQT$8 OF THE REaQLAR ME$TINQ OF THE FRIDLEY CITY COONCIL OF
NOViI�BR 19.1990
The Reqular Meetinq of the Fridley City Council was called to order
at �:32 p.m. by Mayor Nee.
�,; GE OF ALLEGIANCE :
Maycr Nee led the Council and audience in the Pledqe of Alleqiance
to t he Flag.
ROLI CALL:
MEMEERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Fitzpatrick and Councilman Billinqs
MEMEERS ABSENT: Councilman Schneider
PROCLAMATION:
STATE CHAMPIONSHIP FOOTBALL DAY, NOVEMBER 23, 1990:
Maycr Nee read and issued a proclamation proclaiminq November 23,
199C as State Championship Football Day in the City of Fridley.
He stated that Fridley's football team is the champion of Region
5A i n the North Suburban Conference and will play for the State
title on Friday. He stated that regardless of the outcome of this
game, there will be a welcome home reception at 9:15 p.m. on
Nove mber 23, 1990, and he encouraged all citizens to attend the
game at the metrodome and the celebration afterwards as a tribute
to the younq men and their coaches for a championship season.
APPP�VAL OF MINUTES:
COUNCIL MEETING, NOVEMBER 5. 1990:
MOTI�N by Councilwoman Jorqenson to approve the minutes as
presented. Seconded by Councilman Fitzpatrick. Upon a voice vote,
all �oting aye, Mayor Nee declared the motion carried unanimously.
SPECIAL COUNCIL MEETING. NOVEMBER 13, 1990:
MOTI�N by Councilwoman Jorgenson to approve the minutes as
presanted. Seconded by Councilman Fitzpatrick. Upon a voice vote,
all �otinq aye, Mayor Nee declared the motion carried unanimously.
ADOP�ION OF AGENDA:
Mayoc Nee requested that Items 2 and 3 on the aqenda be reversed.
tRIDLEY CITY COIINCIL l[B$TINa O� �OVE�BBR 19. 1990 P�a$ 2
MOTION by Councilman Fitzpatrick to adopt the agenda with the above
change. Seconded by Councilwoman Jorqenson. Upon a voice vote,
all votinq aye, Mayor Nee declared the motion carried unanimously.
Mayor Nee announced that the first part of the aqenda this evening
concerns the budget and tax proposal.
OPEN FORUM, VISITORS:
Mr. John Ness, 6425 Baker Avenue, stated that he has lived at this
address over twenty years, but lately has had trouble with people
complaining about his property. He stated that he received a
ticket for his truck parked in his yard. He stated that the ticket
should not have been issued as the ordinance states that if the
truck is in the street over 24 hours, he could receive a ticket,
but the truck was in his driveway.
Mr. Ness stated that there are businesses and bars where he stops
and might spend some time. He stated that he only has two beers
a day and did not mind beinq stopped ten times a year. He stated
that he has encountered the problem where the bar owners do not
want him sitting in the bar. He questioned if they can leqally
keep him from patronizinq their business.
Mayor Nee stated that he believed an owner had the riqht to control
his business.
Mr. Gregg Herrick, representing the City Attorney's Office, stated
that in regard to a bar or commercial establishment, under the law,
the owner of the bar is a licensee and they allow a person to be
on their premises, but also have the right to restrict anyone from
being on their property.
Councilman Billings stated that the Council does not have any
authority regarding whether or not a business owner can pick or
choose who they allow on their premises. He stated that this is
not a restriction the City can impose on a business.
Mr. Ness stated that he has been qoinq to this business over 25
years and now they are actinq like he should not be there. He
stated that he wanted to let people know what was qoing on. He
stated that there are some City employees who sit next to him and
listen to what he talks about, and he wondered if the employees
could have identification tags that they wear during workinq hours.
He stated that you know someone is lookinq for trouble when they
start asking questions, especially when they are workinq for the
City.
Councilman Billinqs asked if there were City employees in this bar
during workinq hours.
�$�; >LEY CITY COIII�CIL xEBTI�G O� �iOVBMBER 19. 1990 P�QE 3
Mr. Ness stated that there are City employeee that may qo over
the:�e and eat. He stated that he had trouble fn the past with
req� ►rd to someone goinq throuqh his taxes and trouble with the loan
on l �is home.
Kay� ►r Nee asked Kr. Ness to outline his concerns in a letter Bo
thai: they may be addressed.
l�ir. Ness atated that he would comply with l�iayor Nee's request.
Mr. Dave Larson, 6401 Baker l�venue, atated that he was a neiqhbor
of 2:r. Ness and concurs wfth I�r. NeBS � comments.
Mr. Nese stated that there is a lot goinq on where he lives. He
stated that the Focus put a bad article in the paper reqarding his
houf e .
Courcilwoman Jorqenson asked when this article appeared in the
FOCL � •
Mr. Kess stated that probably in the last aeveral years. He stated
that there is a couple in the neiqhborhood who call the police
because he whistles to say "Hi".
Mr. less asked for Mayor Nee's phone number which was qiven to him.
Mr. Richard Harris, 6200 Riverview Terrace, asked what direction
the city is takinq in reqard to the recyclinq center and, in
particular, the closinq of the oil dump.
Mayo r Nee suqqested that 1+Ir. Harris voice hia concerns and comments
when the public hearinq on the solid waste abatement fee is
addrassed later on in this meetinq.
PUBLCC HEARING:
1. BUDGET FOR THE FISCAL YEAR 1991:
MOTI�)N by Councilman Billings to waive the reading of the public
hearinq notice and open the public hearinq. Seconded by
Coun�:ilwoman Jorqenson. Upon a voice vote, all votinq aye, Mayor
Nee �leclared the motion carried unanimously and the public hearing
open�:d at 7:52 p.m.
Mr. l�urns, City Manager, stated that it was a pleasure to present
the ►nnual budqet for the City of Fridley. He stated that this
year s budqet provides for no new services. He atated that he
woulcl focus on the budqetinq process and some of the issues that
aros� : durinq this process, chanqes in the 1991 budget compr�red with
the :.990 budqet, the tax impact of the 1991 budqet, the financial
healt.h of the City, and the conclusions.
�RIDLEY CITY COIINCIL I�ETINa O! �OV8M8$R 19. 1990 P�a$ �
Mr. Burns stated that the 1991 budgetinq prxess began with a
Council qoal settfnq retreat. He stated that at this retreat, some
broad qoals were eetablished, followed by departmental qoal
settinq, and a review of the City�s five year capital improvements
plan. He atated that the department manaqers were requested to
brinq their departmental budqets forward by April, 1991. He stated
that these were reviewed, and the budqet was compiled for
preBentation to the City�Council.
Mr. Burns stated that the Council received the preliminary draft
budget in June, 1991 and met fn three budqet work sessions to
review the budqet presented by staff. He stated that a number of
issues were discuesed, one beinq comparable worth. I+Ir. Burns
stated that the City sust comply wfth State legislation and
demonstrate a Nstraight line" correlation between the salaries of
male and female employees who work at jobs requirinq the Bame
skill, effort, responsibility and workinq conditions by the
December 31, 1991 deadline. He stated that in order to make these
comparable worth adjustments for female employees the cost would
be $23,077.
Mr. Burns stated that the Council also deliberated over a request
by the Fridley Fire Chief to implement an annual occupancy permit
system in Fridley. He etated that this proposal would require
commercial and industrial property owners to apply for and receive
an annual occupancy permit. He Btated that this would require an
inspection to determine if the property was in compliance with all
City codes to make sure property valuss are preserved in the City.
He stated that the Councfl did not aqree with hirinq an additional
inspector, but aqreed with this proposal for an annual occupancy
permit and suqqested staff implement the proqram or portions of the
proqram with existinq personnel.
Mr. Burns etated that the Council reviewed personnel cutbacks in
the amount of $53,084 recommended by etaff. He stated that these
were mostly part-time positionB and were accepted by the Council.
Mr. Burns stated that the Council did eliminate $40,000 from
staff's request for the replacement of Public Works equipment. He
stated that about $185,000 was included in the budqet for several
park capital improvements. He stated that the construction of an
activity buildinq was proposed at Commons Park and replacement of
the concession stand at the Little Leaque facility. He stated that
the Council raised questions about these improvements and asked how
these projects compared with the need for a Senior Center. He
stated that $185,000 was left fn the budqet, but it ie not
designated at this time.
Mr. Burns stated that the Council discusBed a number of fee i�ssues.
He stated that one Buch fee was a fire impact fee which is an
assessment of .1 percent for any new construction in the City. He
stated that this fee urould provide for future purchases of fire
�l h� �1; �_ . r • ,� �!_a �• • � c :
equ:,pment. He stated that a yard waste drop off fee was requested
to ielp offset the City's costs for aonftorinq the yard waste site
and for haulinq Fridley's accuaulation to the County's compost
site. Mr. Burne stated that in October, 1990, a$3.00 per trip fee
was approved for those usinq the yard waste site. l+ir. Burns stated
that a$2.50 per quarter recyclinq fee is proposed to be charqed
to a 11 residences up to four family dwellinq units. He stated that
thif fee would offset increasinq costs for the State sandated
recyclinq programs.
Mr. Burns stated that total expenditures for all funds, excluding
enterprise funds, ie $224,893 more than the 1990 budqet or about
a 2.2 percent increase. He stated that expenditures for General
Fund operations have increaBed, but it fs offset by a decrease in
cap3tal improvement spendinq of $53,500.
Mr. Burns stated that the General Fund budqet of $8,968,759 is
almc st $94, 000 more than 1990, but only about a 1 percent increase.
He etated that components of the General Fund include personal
services, supplies, contractual services, �nd capital outlay. He
stated that personal services increased about $500,000 or 8.4
perc :nt. He stated that this increased coet is for a 4 percent
cost of livinq increase and �erit step increases ($310,509),
incr:ased Workers� Compensation coets ($82,934), employee health
insurance costs ($51,150), and coets associated with the State
mand�ted comparable worth leqislation ($23,077).
Mr. Burns stated that in the area of supplieB, the increase is
$15,�65 or 3.2 percent. He etated that this increase is larqely
attr�butable to the Public Works Department for maintenance
supp '�ies. He stated that for contractual Bervices, about a$30, 000
decr:ase is projected, down about 1.8 percent. Mr. Burns atated
that there are some increases in this area for janitorial services,
util.ties, enerqy costs for operation of the traffic siqnals and
stre�:t liqhts, a biannual police assessment center process for use
in the preparation of a police promotional eliqibility list;
howe� �er, there are also a number of reductions. He stated that
some of these reductions involve movement of the recyclinq from an
inte:�nal fund to a solid waBte abatement fund and suspendinq the
use ��f an outeide consultant for the strateqic planning retreat.
Mr. E urne stated that capital outlay expenditures have been reduced
$242,242 from 1990 or a 43.1 percent decrease. He Btated that the
sign:ficant chanqes are reduced expenditures for computer hardware
and s �ftware and for public works maintenance equipment. He stated
that most departments show a decrease in capital outlay costs;
howe�er, the Fire Department has projected an increase for
repl� cement of the department'B eelf-contained breathinq apparatus.
Mr. Eurns stated that $482,961 is budqeted for the Special Revenue
Funds which represents an increase of $184,538 from the 1990
budget. He stated that most of the increase is due to the
�IIDLBY CZTY CO�NCIL xEBTIN3 Oa gOVSMB$R 19. 1990 P�QE 6
establish�ent of the Solid Waste �batsasnt !'und or axpansion of the
City's recyclinq proqram. He rtated that the Cable TQlevision Fund
decreased by $5,228 or 6.7 percent, and the Grant Kanagement Fund
decreased by $27,593, aoetly due to the removal of recyclinq from
this fund. He atated that the Solid Waste J►bateaent Fund was
established to account for fundinq of the City�s solid waste
abatement proqrams. He stated that of the $217,359 of planned
expenditures, $160,857 is sarmarked for the curbeide recyclinq
proqram. He atated that $25,000 is for the operation of the yard
waste site and $20,000 for a tire recyclinq day. He stated that
if a recyclinq fee of $2.50 per quarter ie levied, this ehould
qenerate about $74,000.
Mr. Burns Btated that the budqet for the Capital Project Funds is
about the same as the 1990 budqet. He stated that $641,000 is
provided in the Street Improvement Fund; $202,500 has been
appropriated for the Parks Improvement Fund; and $203,000 in the
General Capital Improvement Fund.
Mr. Burns etated that the Enterprise Funds consist of the Water
Fund, Sewer Fund, Storm Water Fund, and Liquor Fund and it has
increased by $468,453 or by 8.2 percent. He stated that the
$203, 041 increase in the Water Fund is partly due to the additional
depreciation coste of $54,664 and a$6,970 interfund charqe. He
stated that the other increases are for pereanal and contractual
services, a State 'nandated well permit fee, equipment purchases,
and debt service.
Mr. Burns stated that the $133,882 or 6.6 percent increase in the
Sewer Fund is due to increased charqes by the I�Ietropolitan Waste
Control Commission amounting to $51,225, an increase for
replacement of vehicles ($70,513), and depreciation costs
($10,113).
Mr. Burns stated that the Storm Water Fund expenditures have
increased $79,647 due to increased depreciation costs for projects,
and $90,000 is appropriated for several stona sewer projects.
Mr. Burns stated that the Liquor Fund budqet hae increased $51,883;
however, expenditures may change as liquor operation improvements
are implemented.
Mr. Burns stated that Minnesota has a very complicated property tax
system, and a taxpayer's total tax bill is the sum of the tax
capacity rates for all of the taxinq jurisdictions that operate
within the boundaries of the City. He stated that the estimated
tax capacity for the City as a whole is the tax value of all
property lxated within the City less any of the value that is lost
to either fiscal disparities or tax increment financinq programs.
He Btated that after eStimatinq the City's tax capacity rate, it
has been determined that the City'e portion of 1991 taxes on the
averaqe Fridley home (valued at $78,900) would increase from $131
�RI; ILEY CITZ CO�iCIL ILBSTII�IG O� �OVS1riHSR 19. 1990 P]►OE 7
in :.990 to between $139 to $143 in 1991. He atated that the size
of the increase would depend on the taxable value of property
witl�in the City, the value of property dedicated to tax increment
fin��ncinq, and the amount of HAC1� distributed by the State.
Mr. Burns stated that the City property tax is dependent on: (aj
cha�,qes in the value of your property; (b) chanqes fn the value of
pro��erty within the City as a whole; (c) the amount of the
allcwable 3 percent levy increase the City chooses to use; (dj the
size of special levies; (o) the size of the State's local
qovErnment aid and HACA distributions; (f) the size of the City's
fisc al disparities contribution; and (q) the a�ount of the tax base
capt ured by tax increment financing. He stated that as of this
datE, the City has not been provided with all of this information.
Mr. Burna atated that the value of the City•s 1991 tax certified
levy is 5.3 percent greater than the certified levy of 1990. He
stat ed that 2.2 percent is attributable to reduction in local
qove rnment aid, another .2 percent is due to increases in the
spec ial levy that is needed to cover the unfunded accrued liability
of the Police Pension Fund, and the remaininq 2.9 percent can be
attributed to the 3 percent inflation adjustment in levy limits
alloaed by Minnesota statute.
Mr. Burns stated that Fridley's taxes are generally lower than
thos: in surroundinq communities. He stated that Fridley's overall
1990 property tax burden for the owner of an $80,000 home ranks 64
amon� 95 metropolitan area commuriities that have populations of
2,50) or qreater. He qave some comparisons of the tax on an
$80,)00 home in neiqhboring communities, which showed Fridley was
the .owest.
Mr. l�urns stated that the City's fund balances are still relatively
hiqh but have been decreasinq over the years. He stated that in
1990 there was a decline in the General Fund balance by $1, 573,113,
and :he 1991 budqet projects this fund balance �rill decline by
anotl�er $200,683. He stated that in looking at retained earninqs
that could be used for operations, these have declined by
$3,2;0,824 or 9.2 percent.
Mr. 3urns stated that as State aid has declined, the City iB
rely�nq more and more on other sources of revenue such as interest
earn9nqs and charges from user fees. He etated that the City will
also seek to take advantaqe of interfund transfers.
Mr. Eurns stated that since 1980, expenditures have risen about 28
percEnt which is about 2.3 percent per year. He Btated that a lot
of tl�is is due to personnel costs for social security, health
insurance, and workers' compensation. He stated that the number
of enployeeB has varied between 125 from 1980 to 127 in 1991.
?RIDLEY CITY COIINCIL I[EETZ�a O� IiOpBI�BER 19. 1990 P�aE 9
Mr. Burns stated that any approach to fundinq local qovernment is
larqely dependent on the health of the lxal economy. He stated
that Fridley taxpayers are not likely to benefit from a sudden
economic boom. He stated that the population has decreased,
unemployment i�s up n percent or so, and the number of jobs is
declininq sliqhtly. He etated that the eetimated value of new
construction has decreased.
Mr. Burns stated that, in conalusion, the budget maintains the
current service levels. He etated that the 1991 budqet is
$224,893, or 2.2 percent qreater than the 1990 budqet, with the
General Fund portion only 1 percent hiqher. He stated that while
personnel service costs are up 8.4 percent, projected costs for
supplies have increased by only 3.2 percent. He stated that
projected coste for other servicea, charqes and capital outlay are
down by 1.8 and 43.1 percent.
Mr. Burns stated that all solid waste activities have been
consolidated within a newly created Solid Waete 1�►batement Fund.
He stated that capital improvemente are 4.9 percent less than
projected in the 1990 budqet.
Mr. Burns stated that as State sid has decreased, expenditures have
generally increased as costs for maintaining the current service
levels have increased. He stated that the emphasis for 1991 is
continued financial vigilance and creative development of
alternative revenue resources. He etated that the City needs to
continue to look for cost.savinqs, develop new sources of revenue,
and to the extent the economic environment permits, accomplish the
incomplete redevelopment qoals.
Mr. Dave Larson, 6401 Baker Avenue, stated that he is a former
school teacher and knows some of these budget items are above his
head. He stated that he cannot comprehend what is happening to his
tax dollar and felt it needed to be explained more Bimply. He
stated that over the past nine years, he has seen an outlandish tax
increase by over 20 percent. He stated that he did not know why
some of the salaries were so hiqh or why the City needed such
hiqhly qualified people.
Mr. John Ness, 6425 Baker Avenue, stated that he has been in the
contracting business a long time, and homes in his area have walls
that are cavinq in and some ahould be removed. He felt it was
outrageous that these houses are payinq $900 to $1,100 a year in
taxes and do not even look good. He commented about the Fire
Department qoinq into his home.
Councilwoman Jorgenson asked why the Fire Department would be qoing
into his home.
Mr. Ness stated that one of the City employees was only fnterested
in lookinq at his electrical boxes, because he put liqht pozes in
'� h� ��. 1: : c . ._�� •�:_Y1: : - � c �
his yard for the future. He stated that he fQlt bad about the
qarl�aqe bill. He stated that hs sats out, has very little qarbaqe
and did not feel he should pay a charqe on hia qarbaqe bill.
Mr. Ness felt that perhaps soae of the jobs could be eliainated in
the City, and possibly a committee should be appointed to determine
if :hose jobe are necessary. He statad that when he drives by
Fri�lley High School, he observea four or five City trucks down
the:•e. He stated that he has seen several police vehicles in one
are��, and he hae been the victia of robberies.
May��r Nee atated that the City would work with Mr. Ness on his
prol �lem, if the City uras doinq somethinq wronq.
Cou��cilman Billings stated that Mr. Ness commented on the hiqh
tax� :s for homes in hie area, but not all of this ie the City's
por� :ion.
Mr. Ness stated that a neiqhbor in his area pays $1,100 in taxes
bec� �use he has a small addition. He stated that persons not living
in i:heir home pay $2,200 in taxes, and they are on welfare.
Cou�icilman Billinqs stated that on a$78,000 home, the City's
por� :ion of the taxes for 1991 would be about $144 per year. He
stai :ed that he pays that much for qarbaqe removal and felt the
ser�ices the City provided were a lot more for the dollar.
Mr. Ness stated that the residents will be charqed a separate fee
for recyclinq, he does not have that service and did not want to
pay for it.
Mr. Jack Rirkham, 430 - 67th Avenue, asked the value of the taxes
cap+:ured by tax increment financinq and the fiqure for the fiscal
dis� �arities .
Mr. Burns stated that the City does not, as yet, have those final
f ig� ires .
Mr. Kirkham asked if the Council was aware of the movement to
rep�:al the Fiscal Disparities Act.
Mr. Burns stated that Hennepin County will push very hard for this
act to be repealed in the next Leqislative eeseion.
Mr. Kirkham stated that he would urqe the Council to join with
Hen� �epin County. ldayor Nee stated that he aqreed with him totally.
Mr. Burns briefly explained fiscal disparitieB where taxes on
com�iercial and industrial property iB divided, accordinq to a
com��licated formula, amonq citfes in the Twin Cities area. He
FRIDLRY TTY COIINCIL K8$TIN3 O� �OV8M8$R 19. 1990_ P�aE 10
stated that thoee cities that have a qood tax base, end up losers,
and those cities that are primarily reBidential, �nd up winnere.
Mr. Mervin Herrmann, former City employee, stated that when he was
workinq in the �ssessor�s Office, l�iinneapolis received about
$8,000,000 from fiscal disparities, and Fridley lost about
$2,000,000. He atated that now I�Iinneapolis is payinq about that
�uch so he felt fiscal disparities would be repealed.
Mr. Richard Harris, 6200 Riverview Terrace, complimented the City
Manaqer on his presentation. He stated that he attended aeveral
of these budget aeetinqs, and this was, by far, the best
presentation. He etated that his only comment is that if the
increase in the valuation doea not materialize, how would this
affect the budqet fiqures.
Mr. Burns stated that he did not have an exact calculation, but the
City would have less revenue than anticipated.
Mr. Harris etated that the real estate market iB very weak. He
stated that Hennepin County is not anticipatinq any appreciation
in their property values, and next year there may be a decrease.
He felt that the City should consider a continqency, as the revenue
may fall short of the projections.
Mr. Jim Glaser, 16 Rice Creek Way, stated that he did not have a
problem with the taxes on his home. He stated that, however, all
the little fees the Council is adding is really a form of taxes.
He stated that when the $3.00 was added at the yard waste site,
there was rubbish dumped in his area. He felt that this fee was
not the way to enhance the City. He stated that the City has to
be conscious of the tax rate, and he would like the $3.00 fee
eliminated and the time period to dispose of the leaves at the yard
waste site lenqthened.
Mayor Nee asked Mr. Glaser is he had any augqestions on how to pay
for this service.
Mr. Glaser stated that he personally does not like the $3.00 fee.
He did not feel that it was the way to keep the City clean.
Mayor Nee stated that the reason the Council is lookinq at fees is
because the State and Federal aids to cities have been reduced.
He stated that the Council iB tryinq to avoid any substantial
increase in the property tax to offset these reductions.
Mr. Glaser stated that waste is part of every community, but he has
been aggravated by the fee and can Bee in his area where people
just dump their yard waste.
Councilwoman Jorqenson stated that part of the problem was that the
State passed leqislation that yard waste could no longer be dumped
�_ � �. ��._ 1: : , c . i• '!- ,�: - � , c .
in the landfill. She stated that the City did a study on the solid
waste issue, and the Cfty commissions spent a qreat deal of time
on �:his item. Councilwoman Jorqenson stated that the qarbaqe
hau] ers do not want to take the yard waste efther. She atated that
the City iB receivinq tremendous amounts of yard waste at the
recyclinq site and that material has to be removed to Bunker Hf11B
for disposal. She stated that the Council hae to find a way to
come up with funds to comply with the State mandate.
Irlr. ;ansen, 7736 Lakeview Lane, asked about charqfnq the people who
use the yard waste recyclinq facility.
Coun�ilwoman Jorqenson stated that there is a charqe of $3.00 per
trip. She stated that reeidents could keep compost in their own
yards, and information on compoetinq is available at Sprinqbrook
Natu re Center.
Ms. :onnie Irietcalf, 860 West Moore Lake Drive, asked when the Storm
Water Fund was introduced.
Mr. Burns stated that thie fund has baen in Offect for several
year3 and is used for maintenance of the stor� water syetem. He
statad that this fee is shown on the water bill.
Ms. ,setcalf asked what the income was that was generated from the
liqu �r sales.
Mr. Burns atated that it varies from year to year, and it was
$69,�00 in 1989. He felt that the liquor sales would be better for
this year and are projected to be over $100,000 next year. He
stat�:d that the liquor operations were atudied this year, and he
felt by implementinq some chanqes, it could be aore profitable.
Ms. 1[etcalf asked when it will be determined if the City will stay
in t] �e 1 iquor business .
Mr. ��urns stated that the City will probably stay in business at
the �ame locations, but there is a question on the amount of
invef,tment the Council wiahes to make into the operation.
Ms. I[etcalf asked if the City receives any income from the tax
incrEment financinq districts.
Mr. iurns stated that the HRA has received revenue.
Mr. l�ribyl, Finance Director, etated that there has not been any
tax d �llars returned to the City from the HR�i because the districts
have not matured.
Mr. J�hn Krack, 7629 Lakeside Road, asked if the health insurance
package for employees was fully funded by the City.
lRIDLEY CITY CODNCIL I[EETI�iG O! �TOPEILBEZt 19. 1990 p7►GE iZ
Mr. Burns stated that ths �sployees alao contribute. He stated
that the City pays $225 on a family policy, and the employee pays
in about $96 a aonth.
Mr. Rrack stated that private industry is qoinq in the direction
of the employee payfnq 'ore of the premium or aith co-payments.
Councilwoman Jorgenson stated that the City also has co-payments
on some of the plane.
Mr. Rrack stated that he would favor user feeB as opposed to
obliqatory fees. He stated that he does not participate in the
curbside recyclinq because of the unpleasant experiences he had
earlier with the program. He stated that he recycles aluminum cans
and newspapers through the recycling center. He stated that he did
not believe he would recycle anythinq else until there was a market
for it, and he was not keen on the idea of payinq the City an
additional fee for absolutely nothinq.
Councilwoman Jorqenson stated that if the recyclinq fees are
included in the General Fund, it would necessitate decreasing
services in another area. She stated that the City must provide
the service ag mandated by the State, but there are not funds in
the General Fund to pay for the recyclinq.
Ms. Dacy, Planning Coordinator, �tated that the State mandated that
all counties have to eliminate 35 percent of their solid waste by
January, 1994. She stated that Anoka County has advised the City
that they have to meet certain tonnaqe abatement qoals. She stated
that the funds the State mandated for this proqram were not
sufficient.
Mr. Peter Eisenzimmer, 6535 Oakley Drive, atated that he did not
believe it was fair for those on a fixed income or those who are
disabled to pay these fees. He asked where the money the hauler
receives qoes.
Councilman Fitzpatrick stated that the hauler does not make enough
to cover their costs, and the City has to pay for the items to be
removed.
Mr. Hansen, 230 Rice Creek Blvd., etated that he did not envy the
Council in tryinq to fiqure out what should be done with the
qarbaqe. He felt that whatever is done, if a person has to pay to
have these items removed, the City will find them floatinq down the
creek or discarded along the road. He stated that people do not
want to pay to have garbaqe hauled away. l�tr. Hansen stated that
he owned rental property in Fridley that has a dumpster, and he has
had persons dump tires in order to qet rid of them. He stated that
this is a problem, but he did not know what to do about it.
jRID LEY CZTY COIINCIL lt8$TIgd O� �iOVBMBBa 19. 1990 p�OE 13
I►Ix�. �rack stated that a substantial aaount of what rasidents throw
away is junk aail.
coun:ilwoman Jorqenson stated that there fs a place where you can
writa and request that you not be sent junk sail. She stated that,
also, when you rQnew your drivars' licanse, you can infora tham you
do n�t want your naae sold.
Mr. P'red Kykkanen, 6840 Jefferaon Street, stated that it is easy
to p� �t the $2 . 50 charqe on the water bill, but felt ft was like the
sale: tax and would increaBe over tha years.
Mr. �areon, 6401 Baker Pivenue, aeked the aalaries of the Council
memb :rs .
Mayo- Nee stated that they are between $6,000 to $8,000 a year.
Mr. �arson inquired if waqeB or proqrams could not be cut and if
the �:ity continually has to keep up with inflation. He felt that
ther�: should be a citizens committee to check up on what is qoinq
on. He aaked if there was a liat of how much each employee earns.
Mr. ;�urns etated that he would be happy to provide him with this
info� zaation.
Coun<:ilwoman Jorgenson stated that there is a Charter Commission
that keepe a close�watch over what the Council is doinq.
Mr. �arson stated that he heard people who are on the Charter
Comm:ssion are just not doinq their job. He also inquired as to
the �esident requirement for City employees.
Councilwoman Jorqenson stated that a vast sajority of the
depa2tment managers resfde in the city, and she believed that the
City could not diecriminate by makinq it mandatory that an employee
must live in the City.
Mr. Iarson asked if the City takes advantage of the bulk mailinq
rate. He stated that he cannot rely on the Council as they are not
representinq the people.
Councilwoman Jorqenson advised Mr. Larson that this is the purpose
of elections.
Mr. Rirkham advised Mr. Larson that all the councilmembers live in
Fridley, and he is sure they are interested in keepinq the tax rate
down as they are subject to the same taxes. He stated that they
are F robably makinq about fifty cents an hour this evenfng. Mr.
Rirkh�m etated that he wiahed to state that he favors the user fee
as opposed to additional taxes. He stated that, in the end, the
taxpa�er pays for everythinq reqardless of whether the State
. .1• �1, �: : , c . . �:..,i: : • � �=T��-��
supports the City with a certain amount of dollars. He felt that
with the user fae, there was bstter control.
Mr. Ness commented about the City trucks on private property and
asked if the workers were takinq them home.
Mr. Flora, Public Works Director, stated that the foremen and the
person who is on-call take their vehicles home in order to respond
immediately to any calls they receive. He stated it is felt that
this was an economical approach.
Councilwoman Jorqeneon pointed out that an employee takinq his own
vehicle to respond to an 4merqency is not covered by insurance
which ie a liability to the City.
Mr. Clarence Sauers, 6750 Overton Drive, stated that Fridley, as
a whole, operates very well. He stated he felt that the problem
starts at the Federal level and reduced aid to the State has
created a burden for the cities to operate within the restraints
imposed.
Mr. Eisenzimmer stated that there could be cuts in school
recreation.
Councilwoman Jorqenson stated that the City does not have any
control over this matter and that Mr. Eieenzimmer should address
the School Board with these concerns.
Mr. Larson asked
a proposal that
further studied
decreases.
if it was within the power of the citizens to make
the Council not vote on the budget so it can be
with concentration on cutbacks, including salary
Mayor Nee stated that the Council is required to take action on the
budqet in a week. He stated that Mr. LarBOn would have a week to
accomplish what the Council has been etudyinq for a year.
MOTION by Councilwoman Jorqenson to close the public hearing.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 9:52 p.m.
NEW BUSINESS:
� • • • � � z_� �ta _ � _�� ��_s
.�s �_ • � • � 4 � •
i _ _� � � �.< �� �_ • �_��� � � �
• 4� • �� • � � �, • � • � �
Mayor Nee stated that there was a provision in the Charter that
limits the City to 16 mills without adoptinq a resolution. Iie
stated that the State Leqislature chanqed the rules from mills to
�� 4EY CIT7C COIINCIL ILEBTI�� O! �OVEl[HEB 19. 1990 p�GE iS
tax :apacity rate. Se �tatad that to aake surQ the City abidee by
the spirit of the Charter, the City Attorney felt it was
appr�priate to pass this resolution.
KOTI)N by Councilwoman Jorqanson to adopt Reaolution No. 95-1990.
Secoided by Council�an Fitzpatrick. Qpon a voice vote, all votinq
aye, I�Iayor Nee declared the �otion carrfed unanimouely.
2. BESOLUTION NO. 96-1990 ADOPTING A BUDGET FOR THE FISCAL YEAR
1991:
MOTI)N by Councilman Fitzpatrick to adopt ReBOlution No. 96-1990.
Secoided by Councilwoman Jorqenson. Upon a voice vote, Councilman
Fitz�atrick, Councilwoman Jorqenson, and Kayor Nee voted in favor
of the motion. Councilman Billinqs voted aqainst the motion.
Mayo- Nee declared the motion carried by a 3 to 1 vote.
PUBL :C HEARINGS :
4. ESTABLISiIING SOLID WASTE ABATEMENT PROGRAM FEE:
MOTI� >N by Councilman Fitzpatrick to waive the readinq of the public
hear .nq notice and open the public hearinq. Seconded by Councilman
Bill.nqe. Upon a voice vote, all voting aye, Mayor Nee declared
the aotion carried unanimously and the public hearinq opened at
9:55 p.m.
Ms. I�acy, Planning Coordinator, stated that a solid waste abatement
fee Ls proposed in the amount of $2.50 per quarter and charqed
agai��st sinqle, two, three and four family dwellinq unitB in the
City She stated that the fee would be used to fund a portion of
the �ity's curbside recyclinq costs or any other eolid waste
abat� :ment program as authorized by the Council . She stated the
State. requires that the county must abate or reduce from the
land�ills about 35 percent of its waste by 1994. She Btated that
the �:ounty established annual recyclinq qoale which cities must
meet .
Ms. Lacy stated that in 1991, it is propoBed that some of the funds
be used for a portion of the cost to purchase recyclinq containers
in o��der to promote participation in the recyclinq proqram. She
statEd that the City averages about 73 tons of recyclables per
montt verses 25 tons recycled earlier in the proqram.
Ms. 11acy stated that eince 1988, the current revenue the City
recej ved from the State and County has been unable to cover the
contiact coste for the recyclinq proqram. She stated that the
Council initiated a fact findinq procees to determine the best
methcd to deal with the recyclables. She stated that a phone
surve y was also completed to obtain comments and concerns from home
ownez s .
l�IDLEY CITY COIINCIL ItB$TIN3 O� �OV$MBBR 19, 1990 P�QB 16
Ms. Dacy stated that because of the lack of lunds from the State
and County to cover the recyclinq costs, an annunl iee is proposed.
She stated that this option is less costly than the other three
�ethods that �rere studied raqarding collectinq recyclables.
1+tr. Richard Iiarrie, 6200 Riverview Terrace, questioned if the City
would provide for dieposinq of waste oil at the rscyclinq site.
He refterated that the problsmB that led to the Cfty discontinuinq
the collection of this oil.
Councilman Sillinqs stated that in addition to the problems the
City encountered with the waste oil, the Federal and State
qovernments have mandated that facilities of this desiqn need to
be brouqht up to a hiqher atandard.
Mr. Flora, Public Works Director, stated that if such a facility
was provided to dispose of waste oil, it would require that the
existing tank be removed and a monitorinq system installed at a
cost of about $10,000.
Mr. Harris stated that the MPCA and EPA does a good job of looking
down everyone's back, but it does not do a qood job in education
on the disposal of hazardous waste. He etated that he did not
think people maliciously threw antifreeze in the waste oil eump.
Mayor Nee stated that there was a siqn posted that they were not
to dump anything but used oil.
Councilwoman Jorqenson stated that the City has been trying to
provide a hazardous waste materials disposal day in Fridley and
applied for a qrant which was turned down. She aqreed that
disposal of these wastes was a very biq problem, and information
she has on disposal of paint and paint thinners ie to put it in a
drum and bury it. She stated that the problem ie once the City
collects it, they beaome the owner and incur the liability of that
drum. She stated that the City cannot incur this liability and
obtain insurance.
Mr. Harris stated that is his point -- that he did not feel the EPA
and MPCA's solution to dispose of some of these materials was very
good. He stated he hoped that the City's newsletter would contain
information to residents on how to dispose of certain chemicals.
He etated that the idea of puttinq it out of siqht, out of mind,
or in another person�s dumpster is not qoinq to work. He stated
that he would like to see the disposal operations expanded and the
oil sump opened aqain. He etated that it may be that Fridley will
have to take the lead.
Ms. Dacy stated that there are four facilities in Frfdley that have
been identified to accept waete oil.
�� LEY CITY CODNCIL l[ESTIgG O� gOVSMB$B 19, 1990 P�OE 17
Mr. �arris stated that there is a liait of tive qallons, and ff he
vas not purchasinq the oil at these places, he ielt stranqe a►bout
dumpinq the waste oil. He lelt that thi� was a qovernment
func tion.
Coun�ilman Billinqs aeked at what level of qovernment. He stated
that the messaqe from reaidente this aveninq is that they cannot
afford to pay more taxes.� He stated that if there was an unlimited
budgat, there were a lot of thinqs he would like to do in terms of
recy:linq. Council�an Billinqa stated that the Council passed a
resolution to encouraqe the State to enact leqielative for those
who sell aaterials that nsad to be racycled that they be
resp�nsible for the recyclinq. He stated that everyone keepe
lookLnq to the City to solve theae problems, and the waste stream
is n� >t a problem the City has the ability to solve. He stated that
as iar as reopeninq the site for recyclinq waste oil, it was
dete:�mined that funds would be better spent in other areas since
ther: are facilities in Fridley where this oil can be discarded.
Mr. �arris stated that it is everyone's problem and felt people
need to be educated and that the newsletter may be a qood place to
provLde some of this information.
Ms. l�acy stated that the City will be printinq a new brochure, and
the :ounty published a quide that went to every household in the
Coum:y. She stated that ehe would be happy to Bupply Mr. Harris
with a copy of this quide.
Ms. �'onnie Metcalf, 860 West Moore Lake Drive, etated that she was
not ��peaking for the Leaque of Women Voters, but aB an individual
who l,as been active in recyclinq in the past. She stated that she
shar� :s Mr. Harris � concern about hazardous waste and hopes the City
will have a hazardous waste disposal day. She stated that on Earth
Day 1.here were brochures distributed dealinq with the dispoeal of
haza� �dous waste.
Ms. Ketcalf stated that she i� aqainst providinq the plastic
cont� .iners for recyclinq because they are not recyclable. She also
felt that recyclinq pickup two timeB a month waB excesaive and felt
once a month would be sufficient.
Mayo� Nee stated that the problem was the City must constantly
incrEase the productivity of the recyclinq effort in terms of
tonnzge, and it was felt that the containers would measurably
incrEase this productivity.
Councilwoman Jorqenson stated that not everyone is ae dedicated as
Connie is to recyclinq and felt if pick up of the recyclables was
not Frovided more than once a month that people would just throw
the items away.
TRIDLEY CITY CODiTCIL lLBETI�iG O! 'TOVE1KBEjt I9. 1990 PI1OE 18
lds. 1�[etcalt stated that the City was doinq their job by increasinq
the aa�ount of recyclable tonnaqe, but that by introducinq a totally
unrecyclable plastic it was not the best way to prxeed.
Ms. Rosamond Sandusky, 181 Sylvan Lane, stated that she wanted to
thank the Council for their patience with all these problems. She
felt that people could use paper baqe and cardboard boxes for their
recyclables and that the plastic containers were not neceseary.
Councilman Billinqs pointed out that the containers are made up of
fifty percent of recycled plastic.
Mr. Jim Glaser, 165 Rice Creek Way, felt that the $2.50 quarterly
fee would be forever. He asked if other communities were
approachinq this problem in the same aanner.
Ms. Dacy stated that some communities have the orqanized collection
system where one fee is paid for the recyclinq and qarbaqe hauling.
She stated that this aystem of payinq a fee is substantial.ly less
than the other methods of collectinq recyclables. She stated that
the recycling program is operated out of the Community Development
Department, and the Recyclinq Coordinator has been in this position
since 1985.
Mr. Glaser asked if additional personnel would be hired to oversee
the proqram.
Ms. Dacy stated that this ie not the case, and the proqram will be
administered as it has been since 1985.
Mr. Glaser stated that if the private qarbage haulers picked up the
recyclables, there would not be a need for someone in the City to
administer the proqram.
Councilwoman Jorqenson stated that the billinq would be through the
City so someone would have to handle the paperwork and keep track
of the amount of recyclables.
Mr. Glaser stated that he did not know if he aqreed or disaqreed,
but was just questioninq the administrative part.
Mr. Krack, 7629 Lakeside Road, stated that he would aqree the $2.50
fee is a"foot in the door." He 4tated that he applauded the
Council and City staff for researchinq the best way to handle the
recyclinq proqram and determininq the impact on the taxpayers. He
asked if any thouqht has been qiven to expanded recycling to
apartment complexes.
Councilwoman Jorqenson stated that several residents of apartment
complexes have indicated an interest, but the problem is where to
store the materials and how often they would have to be picked up.
She stated that some of these residente were lookinq at options
��
witY private haulers. She atated that residents of ao�e apartments
brirq aateriala to the SORT afte.
I�s. Dacy stated that staff ancouraqes residents of apartment
comFlexes to start their own proqran. She stated that if all of
the apartment complexes were added to the contract, costs would
doukle, and there simply is not anouqh lundinq to cover these
increased costs.
Mr. Krack asked about the sturdiness of the containere and how many
containers aach household would receive.
Ms. Dacy stated that the containers have been around eeveral yeare
and were quite sturdy. She etated that each household would
receive two containers.
Mr. Krack felt that an incentive had to be provided for persons to
recy�le and, perhaps, persons who do not recycle would pay more.
Mr. 1ess, 6425 Baker Avenue, aeked if havinq the containers outside
wouli be creatinq a problem.
Ms. )acy stated that a lot af residents keep the containers inside
to s�rt their materials, take them to the curb and remove them the
same day after the materiale are picked up.
Mr. .:isenzimmer, 6535 Oakley Drive, stated that he did not feel the
$2.5) fee per quarter was fair and that paper baqs and boxes could
be used for the recyclables. He Btated that he knows the rate
wouli increase, and he wondered where it would stop. He stated
that he is concerned for thoee on fixed incomes and those who are
disa�led and cannot afford this fee.
MOTI)N by Councilman Billinqs to close the public hearinq.
Seco�ded by Councilwoman Jorqenson. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously and the
publ�c hearinq closed at 10:52 p.m.
RECE �
Mayo- Nee called a recess at 10:52 p.m.
CO; N •
Mayo:- Nee reconvened the meetinq at 11:01 p.m. Council members
pres�:nt were: Mayor Nee, Councilwoman Jorqenson, Councilman
Fitz�►atrick and Councilman Billinqs.
5. TsNDSCAPE A�'NDMENTS TO THE ZONING CODE:
MOTI�►N by Councilman Billinqs to waive the readinq of the public
hear:.nq notice and open the public hearinq. Seconded by Cour►cilman
� � 4• 1� 1: t • �� 't,�.l' � .I������
lrte. McPherson �tated that this applies only if those particular
loac linq dxks are vfaible fro�a the public riqht-ot-t�ay.
Mr. Harrie stated that he understands, but how do you qet to the
loac.inq dock if it is not from the public riqht-of-way.
l�s . I�IcPherson stated that there
section that ataff would look at
She stated that eome lots may be
to comply with this condition.
is �ome flaxibility under thfa
the site on an individual basiB.
substandard and would be unable
Mr. Harris asked how closely the Northco Business Center follows
thif ordinance.
Ms. KcPherson Btated that as far as the boulevard trees, they come
ver� close, but as far as berminq along the property line, they are
lac}ing in that area.
Mr. Harris stated that rsqardinq the �aintenance and replacement
of `eqetation, he questioned how thiB would be enforced.
Ms. McPherson stated that it would be enforced by the Code
Enfc rcement Officer who will inepect each site for code violations.
She etated that if there were plant materials that failed to
survive, the property owner would be notified to replace the plant
matErials within a certain period of time allowed under the
ordinance. She stated that failure to do so would allow the City
to xeplace the plant material and asseBS the property owner.
Mr. Harris asked if this included qrass and would the City resod
some body's berm.
Ms. )acy stated that the City would take the approach that if there
is a severe problem, and the property is in a state of disrepair,
the :ity has the authority to correct the problem if it ie not done
by the property owner. She stated that she is not aware of a
situ3tion in the past where the city had to qo and replace
vegetation, but this ordinance qive8 tiie City an option if an
impoasible situation exists.
MOTI)N by Councilman Fitzpatrick to close the public hearinq.
Secozded by Councilwoman Jorqenson. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimouBly and the
public hearinq closed at 11:20 p.m.
Q� 3U�INESS :
' �� �Nk�! �l+ �� 4:�' � • �r�s� • � � • �
MOTi)N by Councilman Billinqs to table this item. Seconded by
Coun:ilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor
Nee ieclared the motion carried unanimously.
FRZDLEY CITY COIINCIL lLBETINa O! 'TOVSI�BBR 19. 1990 pAaE Z2
NEW BUSINESS:
7. FIRST READZNG OF �N ORDINANCE ESTABLISHING SOLID WASTE
�iBATEMENT PROGRAM FEE:
KOTION by Councilman Billinqs to waive the rsadinq and approve the
ordinance upon firet rsadinq. Seconded by Councilwoman Jorqenson.
Upon a voice vote, all votinq aye, Mayor Nee declared tha aotion
carried unanimouely.
8. FZRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE. CHAPTER 205, PERTAINING TO LANDSCAPING:
MOTION by Councilwoman Jorqenson to waive the readinq and approve
the ordinance upon first readinq. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all votinq aye, l�iayor Nee declared
the motion carried unanimously.
9. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
�ODE. CHAPTER 206 ENTITLED "BUILDING CODE." BY AMENDING
�ECTIONS 206.01.02, 206.01.03, 206.01.04, 206.01.05,
�06.03.02. AND 206.05:
Mr. Robertson, Community Development Director, etated that this is
an update to the Buildinq Code to incorporate the new State
Buildinq Code requirements. He Btated that the percentaqes remain
the same for the buildinq permitB, but the plumbinq fee Bchedule
has been increased. He Btated that even with this increase, it is
the lowest compared to eurroundinq communities. He stated that the
new fee is for residential �obile home installation. He stated
that the City�s ordinance is aliqhtly chanqed in format to follow
the State code.
MOTION by Councilman Fitzpatrick to waive the reading and approve
the ordinance upon first readinq. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared
the motion carried unanimously.
10. R�CEIVE ITEM FROM THE MTNUTES OF THE APPEALS COMMISSION
MEETING OF OCTOBER 30, 19990:
A. VARIANCE REQUEST VAR #90-27 BY WELDON FENTON TO REDUCE THE
�IDE YARD SETBACK FROM 10 FEET TO 6 FEET. TO ALLOW THE
�'NCLOSURE OF AN EXISTING PORCH ON LOT 2, BLOCK 6. RICE CREEK
TERRACE PLAT 6, THE SAME BEING 640 67TH AVENUE N.E.:
Ms. Dacy, Planninq Coordinator, atated that this waB a request for
a variance to reduce the side yard setback from ten feet to eix
feet in order that the petitioner may enclose the overhang area for
a three season porch. She stated that this would provide an access
from this porch into the qaraqe.
� 2I�Y CITY COIINCIL IiBBTI�a O� HOVSMBB� 19. 1990 P�aB Z3
Ms. Dacy stated that the l�ippeals Commission reco�ooaended approval
with no stipulatione, althouqh staff hae recommended denial as the
petitioner has other alternatives.
MOT[ON by Councilman BillinqB to concur with the recommendation of
the Appeals Commission and qrant Variance Request, V�R #90-27 to
redice the side yard aetback from 10 feet to 6 feet. Seconded by
Couzcilwoman Jorqenson. Upon a voice vote, all votinq aye, Mayor
Nee declared the motion carrfed unani�ouely.
g, yj�RTj�NCE REQUEST. VAR #90-28, BY HEALTH ONE UNITY HOSPITAL,
TO INCREASE THE SQUARE FOOTAGE OF AN AREA IDENTIFICATION SIGN
FROM 24 SOUARE FEET TO 94 SOUARE FEET. TO ALLOW THE
�4NSTRUCTION OF A NEW AREA IDENTIFICATION SIGN AT 550 OSBORNE
:
Ms. Dacy, Planninq Coordfnator, atated that this is a request to
inc -ease the size of an area identification eiqn from 24 square
fee : to 79. 75 square feet at Unity Hospital. She stated that there
wer: a number of variance requests on the property, and in 1981 a
var'.ance was qranted to increase the eiqn to 56.83 square feet
whi�;h is the siqn that now exists.
Ms. Dacy stated that the AppealB Commission recommended denial for
a 9. square foot siqn by a 2 to 1 vote, and the petitioner reduced
the size of the variance to 79.75 square feet. She stated that
sta:`f's recommendation to the Appeale Commiesion was for denial,
but acknowledqed that the City did determine there was a hardship
cre��ted for limitinq the siqn to 24 square feet. She stated that
the Appeals Commission felt the size of the sign approved in 1981
was more appropriate. She stated that the 8iqn the petitioner ie
req��esting is one equare foot short of a maximum eiqn that would
be ��ermitted in a commercial district.
Mr. Gary Alberts, representinq the administration at Unity
Hos��ital, stated that they have underqone a name chanqe at Unity,
and their visibility is not qood qoinq down Osborne Road.
MOT]ON by Councilman Billinqs to qrant Variance Requeet, VAR
#90-28, to allow the square footage of an area identification sign
to i�e increased from 24 equare feet to 80 square feet. Seconded
by touncilman Fitzpatrick.
Maycr Nee stated that he could not see where the words "Health One"
werE needed on the siqn.
Courcilwoman Jorqenson asked Mr. AlbertB if he knew anythinq about
the City's request that an application be filed for rezoninq for
the heliport.
Mr. �ilbertB stated that he was not aware of this request, but would
check on the status.
IItIDLEY CITY COD�ICIL �EETI�iG O! �OVE1[BEit 1!. 1990 p7►aE Z4
Councilsan Sillinqs stated that his rsasoninq !or aakinq the aotion
to approve this variance i� that in the paat severa2 years, there
have bean tiaes whan Unity and the Cfty hava qottan alonq vsry well
and other times where they have been at odde. He stated that this
aotion was partly a qesture of qoodwill to try and reopen those
lines of communication so that they can reBOlve some iseues,
particularly the one aentioned by Councilwoman Jorganson.
Councilman Billinqs etated that he would tsnd to aqree with Mayor
Nee that the averaqe person who needs the hospital facilities may
not be particularly concerned with the words "Health One", but it
appears they are in the process of identifyinq that Mercy and Unity
are one larqe system.
UPON A VOICE VOTE TAKEN ON THE ABOVE KOTION, all voted aye, and
Mayor Nee declared the notion carried unanimously.
C. yABIANCE REQUEST. VAR #90-29. BY DENNIS GARNER.TO INCREASE THE
�►R.�'A AN UNENCLOSED DECK CAN EXTEND INTO THE SIDE YAR FROM 3
FEET TO 8 FEET. TO ALIAW THE CONSTRUCTION OF AN UNENCLOSED
DECK ON LOT 6. BLOCR 2. HILLCREST ADDITION. THE SAME BEING
7119 ASHTON AVENUE N.E.:
MOTION by Councilman Fitzpatrick to qrant Variance Request, VAR
�90-29, with the stipulation that the owner of the property sign
and record aqainst the parcel an aqreement stating that the owner
understands that the deck can never be enclosed. Seconded by
Councilman Billinqs. Upon a voice vote, all votinq aye, Mayor Nee
declared the motion carried unanimously.
11. APPROVAL OF METROPOLITAN COUNCIL RESIDENTIAL RECYCLING BINS
GRANT APPLICATION:
MOTION by Councflman Billinqs to authorize the proper City
officials to execute the qrant application. Seconded by
Councilwoman Jorqenson. Upon a voice vote, all votinq aye, Mayor
Nee declared the motion carried unanimously.
12. NUISANCE ABATEMENT AT 6740 OVERTON DRIVE N.E.:
Ms. Dacy, Planning Coordinator, etated that the Code Enforcement
Officer has been tryinq to work with thie property owner to have
the solid waste that has accumulated in the driveway area removed.
She stated that staff has not been able to achieve compliance and
is requestinq approval to contract and abate the nuisance. She
stated that the property owner was asked to attend the �eetinq.
Irlr. Clarence Sauers, 6750 Overton Drive, stated that a member of
the City staff was out today to observe the Bituation. He Btated
that if the City is qoing to do somethinq about this nuisance, he
may be able to answer any questions. He stated that thie problem
has been onqoinq for years.
� a�� Ij._ J< < , e • �� ��_�,1' • � c;
I�Ir. Sauers statad that he cut� this property owner's qrass, painted
the trfm, and has taken garbaqe to his property so ft could be
rea oved. He stated that h� talkod to the property ot�mer, and the
las t response he received was the attitude that paople �hould leave
them alone. He stated that he explained that they live in a
society where they are all interdependent, but apparently they are
not concerned. He stated that animale qet into the qarbaqe and
scatter it around the neiqhborhood.
MOZION by Councilman Billinqe to authorize the abatement of thiB
putlic nuisance in accordance with the provisions of Chapter 110.04
of the City Code. Seconded by Councflman Fitzpatrick.
Mr. Greqg Iierrick, representinq the City Attorney's Office, stated
that there are some concerns about abatement in reqard to due
prccess. He stated that notification of the hearinq probably
shc uld have been qiven, and he did not know to what extent that
occurred.
Ms. Dacy stated that she understood that Mr. Barg told the property
owr er if they did not comply by such a date, it would be on the
CoLncil's aqenda for action this eveninq.
CoL ncilman Billinqs asked what the coet wae to pick up this qarbaqe
and dispose of it.
Mr. Flora, Public Works Director, stated that it would probably be
abcut $15.
CoLncilman Billinqs asked Mr. Herrick if his concern was for the
assessment or in terms of a qreater liability of what the City
cor.siders trash, the property owner may consider valuable.
Mr. Herrick stated the ordinance indicates that in order to charqe
fox the removal and assess the coet that notice of the proceedinqs
be given to the property owner. He stated that perhaps that has
been done. He stated that ae far as the concern is in reqard to
takinq this material, it seems fairly clear the City is dealing
with qarbage.
Cou ncilman Billings stated that he would etand by his motion, but
staff should consult the City Attorney's Office before proceedinq.
He stated that his concern ie qettinq the trash removed, not so
much as beinq reimbureed.
UPC N A VOICE VOTE TAI�N ON THE �iBOVE MOTION, all voted aye, and
Kay �r Nee declared the motion carried unanimously.
i � h� �1� �1: : � • . • '�-.r1: : ; • � c =
��1[ � i Y i_ i� i.�'7�i�T�
! �� r �� � : r
Mr. Flora, Public Works Director, submitted a video of Locke Lake
Dam taken on June 19, 1990, October 14, 1990, and November 19,
1990. He explained what has taken place in sach of these photos
and how the City attempted to �tabilize the concrete.
Mr. Flora stated that the Taak Force for the iaprovementa at Locke
Lake �et last Thursday to obtain as �uch input as possible
reqardinq the parameters for theae improvaments. He stated that
an EAW will probably be required which would then be incorporated
into the dam and detention pond. He stated that there was some
concern by the DNR if thie should be a lake or wetlands.
Mr. Flora stated it iB hoped that by January or February of next
year there would be another meetinq of the Task Force to look at
specific plans with costs for each. It is aleo hoped that there
would be some firm costs by April, 1991. At this point, the Rice
Creek Watershed District enqineers are movinq forward and working
with the various aqencies reqarding permits and reporte required
to prxess these projects. He Btated that an early etart on the
projects could probably be next winter dependinq on the costs and
acope of the work.
14. CLAIMS:
MOTION by Councilwoman Jorqenson to
34663 and Claims No. 34815 throuqh
Billings. Upon a voice vote, all
the motion carried unanimously.
15. LICENSES:
authorize paymer►t of Claim No.
35017. Seconded by Councilman
votinq aye, Mayor Nee declared
MOTION by Councilman Billinqs to approve the licenses as submitted
and as on file in the License Clerk's Office. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor
Nee declared the motion carried unanimously.
16. ESTIMATES:
MOTION by Councilwoman Jorqenson to approve the estimates as
submitted:
Walbon Lawn Maintenance
3225 Skycroft Drive
St. Anthony, 1�1 55418
Corridor Maintenance
Project No. 219
lI�iAL EBTI]UiT$ . . . . . . . . . . . . . . . $ 5, 942 . 85
E �:����'����'��. ��, �_ . : � . �. ��_ r�: � : . , . � :
HNTI �
670� i France l�venue South
Sui� :e 260
l�iru �eapolis, I+II�i 55435
Inspection of the 1.5 KG Elevated
Water Reeervoir Project No. 202
Partial Eatiaate . . . . . . . . . . . . . . $ 1,326.60
Pit1:-pes Moines, Inc. (PDM)
P. t �. Box 1596
Des Moines, IA 50306
Construction of the 1.5 MG
Water Reservoir Project No. 201
Estimate No. 3 . . . . . . . . . . . . . . . $254,915.87
Sec<�nded by Councilman Fitzpatrick. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carriad unanimouely.
ADJ( �URNMENT :
KOT:ON by Councilman Billinqs to adjourn the meetinq. Seconded by
Cou�.cilwoman Jorqenson. Upon a voice vote, all votinq aye, Mayor
Nee declared the motion carried unanimously and the Reqular 1Keetinq
of the Fridley City Council of November 19, 1990 adjourned at 11:59
p.m, .
Res�ectfully submitted,
Carcle Haddad William J. Nee
Sec�etary to the City Council Mayor
Appz oved :
�
�
c�nroF
F���
DATE
TO:
FROM
SUBJI ,CT :
PLANNING DNISION
MEMOR.ANDUM
December 6, 1990
William Burns, City Manager �'�
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Zoning Ordinance Amendments Fertaining to
"Landscaping"
The C ity Council approved the first reading of the zoning ordinance
amencments pertaining to landscaping at their November 19, 1990
meet�ng. Staff recommends that the City Cauncil approve the second
and final reading of the ordinance.
Attached please find the Official Title and Summary of the zoning
ordirance amendment. Staff believes that it is not necessary to
publish the lengthy ordinance, but that the title and summary of
the crdinance will clearly inform the public of the intent and
effect of the ordinance. The City Council may order the
publi�ation of the Title of Summary which will fulfill all legal
publi:ation requirements.
The f�llowing procedural requirements will need to be fulfilled in
the e�ent the Title and Summary are to be published:
1. '�he City Council must approve the text of the Summary and
� letermine that it clearly informs the public of the intent and
� �ffect of the ordinance;
2. ''he City Council must, by four affirmative votes, agree that
��nly the title of the ordinance and summary be published; and
3. '.'he notice must indicate that a copy of the complete ordinance
i.ust be available for inspection by any person during regular
cffice hours at the office of the City Clerk and at the
iridley Branch of the Anoka County Library.
The C�ty Council's motion of approval, therefore, should not only
refer to approval of the ordinance but should also approve the text
of thE summary ordinance and verify that it clearly informs the
public of the intent and effect of the ordinance.
MM/dn
M-90-875
1
1,1
ORDINANCS NO.
OFFICIAL TITLS lIND BIIMMARY
I. itle
An Ordinance recodifying the Fridley City Code, Chapter 205,
entitled "Zoning" by amending Sections 205.09.06, 205.13.06,
205.]4.06, 205.15.06, 205.16.06, 205.17.06, 205.18.06, deleting
Sect�ons 205.13.05.D.(8), 205.13.07.D.(1), (2), (3), (4).(c), (5),
(6), 205.13.07.F, 205.14.05.D.(8), 205.14.07.D.(1), (2), (3),
(4),IC), (5), (6), 205.14.07.F, 205.15.05.D.(8), 205.15.07.D.(1),
(2), (3), (4).(c), (5), (6), 205.15.07.F, 205.16.05.D.(8),
205.76.07.D.(1), (2), (3), (4).(c), (5), (6), 205.16.07.F,
205.77.05.D.(8), 205.17.07.D.(1), (2), (3), (4).(c), (5), (6),
205.J7.07.F, 205.18.05.D.(8), 205.18.07.D.(1), (2), (3), (4).(C),
(5), (6), 205.18.07.F and renumbering consecutive sections
II. Summarv
The �'ity Council of the City of Fridley does hereby ordain as
follc ws:
The �roposed revision entitled Section 205, "Zoning", amends and
reorcanizes the performance standards pertaining to landscape
requ�rements in zoning districts R-3, General Multiple Dwelling,
C-1, Gocal Business, C-2, General Business, C-3, General Shopping,
CR-1, General Office, M-1, Light Industrial, and M-2, Heavy
Indu�trial. It is in the public's interest to require such
stancards to ensure adequate "green area" and to preserve the
aestretics of the community;
In ad iition to amending and reorganizing the performance standards,
the ravision requires a sgecific number of trees by a formula which
is based on the scale of each individual site; and
Requires a minimum amount of screening for the following
conditions: parking lots adjacent to public right-of-ways, loading
docks, outside storage areas, and where commercial or industrial
distzicts abut residential or public districts.
III. Natice
This title and summary have been published to clearly inform the
publi� of the intent and effect of the City of Fridley Zoning
Ordin�nce. A copy of the ordinance, in its entirety, is available
for i nspection by any person during regular office hours at the
offic � of the City Clerk and at the Fridley Branch of the Anoka
Count� Library.
Ordinance No.
Page 2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1990.
WILLIAM J. NEE - MAYOR
ATTE �T :
SHIR�EY A. HAAPALA - CITY CLERK
Publ.c Hearing: November 19, 1990
Firs•. Reading: November 19, 1990
Seco3 �d Reading:
Publ: cation:
1.2
1.3
ORDINANC$ NO.
AN ORDINANC$ RBCODIFYIN(i THS FRIDI+$Y CITY CODB, CHAPTBR
205, BNTITLBD ��SONING�' BY l�MBNDING 8$CTIONS Z05.09.06,
205.13.06, 205.14.06, 205.15.06, 205.16.06, 205.17.06,
205.18.06, D8L8TING SSCTIONS 205.13.OS.D.(8),
205.13.07.D.(1), (2), (3), (4).(C), (5), (6),
245.13.07.F, 205.14.OS.D.(8), 205.14.0?.D.(1)� (2), (3),
(4).(C), (5), (6), 205.14.07.F, 205.15.05.D.(8),
205.15.07.D.(1), (2j, (3), �4).(C), (5), (6),
205.15.07.F, 205.16.OS.D.(8), 205.16.07.D.(1)� (2), (3j,
(4).(c), (5), (6), 205.16.07.F, Z05.17.OS.D.(8),
205.17.0?.D. (1) , (2� , (3) , (4) . (C) , (5) , (6� ,
205.17.07.F, Z05.18.05.D.(8), 205.18.07.D.(1), (2), (3),
(4)•ic)i i5)� (6�� 205.18.07.F AND RBNQMBTRING
CONSECDTIVE BECTIONB
The c'ity Council of the City of Fridley does hereby ordain as
follc ws:
205.C9 R-3 General Multiple Family District Regulations
5. PP.RKING REQUIREMENTS
D. Design Requirements
(7) Parking lots with more than four (4) parking stalls
shall be striped.
(8) Sufficient concrete areas may be required for
motorcycle parking in addition to the required vehicle
parking stalls.
(9) Bike racks may be required in an area that is
convenient to each majar building entrance and will not
disrupt pedestrian or vehicular traffic or fire lanes.
(10) Safety signs, markings and traffic control devices
may be required to promote vehicular and pedestrian
safety.
(11) Parking stalls may be nine (9) feet in width for
multiple dwellings and multiple dwelling complexes,
including rental and condominiwoa apartments. (Ref. Ord.
952)
6. LANDSCAPE REQUIREMENTS
A. Scope.
All open areas of any site, except for areas used for
parking, driveways, or storage shall be landscaped and
1.4
incorporated in a landscape plan.
(1) Al1 new developments requiring a building permit
shall comply with the requirements of this section.
(2) Existing developments shall comply with the
requirements of this section if one or more of the
following applies:
a. At the time of a building expansion or
alteration which dictates the necessity for
additional parking or hardsurface areas in
excess of four (4) stalls.
b. Building alterations which dictate a change in
use such that the parking area must be expanded
in excess of four (4) stalls.
c. Construction of additional loading docks.
d. Construction of new parking areas in excess of
four (4) stalls.
(3� If full compliance cannot be achieved due to site
constraints, partial compliance as determined by the
City shall be enforced.
(4) The requirements of this section shall not be
required for building alterations which do not
affect the exterior portions of the site.
B. Bonding Requirement
The City shall retain a performance bond, cash or letter
of credit, as required in Section 205.05.06.A.(3) of the
zoning code for one growing season after the installation
of landscape materials is completed.
C. Plan Submission and Approval.
(1) A landscape plan shall be submitted to and approved
by the City prior to issuance of a building permit
or prior to approval of outside improvements not
related to building improvements. A plan shall not
be required for routine replacement of existing
materials or the installation of new materials when
not associated with a building project.
(2) The following items shall appear on the landscape
plan:
a. General
1) Name and address of owner/developer
2)
3)
4)
5)
6)
7)
Name and address of architect/designer
Date of plan preparation
Dates and description of all revisions
Name of project or development
Scale of plan (engineering scale only) at
no smaller than 1 inch equals 50 feet
North point indication
b. Landscape Data
1)
2)
3)
4)
5)
6)
7)
Planting schedule (table) containing:
a) Symbols
b) Quantities
c) Common names
d) Botanical names
e) Sizes of plant material at time of
planting
f) Root specification (B.R., B& B,
potted, etc.)
g) Special planting instructions
Existing tree and shrubbery, locations,
common names and approximate size
Planting detail (show all species to scale
at normal mature crown diameter, or spread
for local hardiness zone)
Typical sections in detail of fences, tie
walls, planter boxes, tot lots, picnic
areas, berms, and other similar features.
Typical sections of landscape islands and
planter beds with identification of
materials used.
Details of planting beds and foundation
plantings.
Note indicating how disturbed soil areas
will be restored through the use of
sodding, seeding, or other techniques.
1.5
1.6
8) Delineation of both sodded and seeded
areas with total areas provided in square
feet, and slope information.
9) Coverage plan for underground irrigation
system, if any.
10) Statement or symbols, to describe exterior
lighting plan concept.
c. Special Conditions:
Where landscape or man-made materials are used
to provide required screening from adjacent and
neighboring properties, a cross-section shall
be provided through the site and adjacent
properties to show property elevation, existing
buildings and screening in scale.
D. Landscaping Materials; Definitions.
All plant materials shall be living plants. Artificial
plants are prohibited.
(1) Grass and ground cover:
a. Ground cover shall be planted in such a manner
as to present a finished appearance and
reasonably complete coverage within twelve (12)
months after planting, with proper erosion
control during plant establishment period.
Exception to this is undisturbed areas
containing natural vegetation which can be
maintained free of foreign and noxious
materials.
b. Accepted ground covers are sod, seed, or other
organic material. The use of rock and bark
mulch shall be limited to areas around other
vegetation (i.e. shrubs) and shall be contained
by edging.
(2) Trees.
a. Over-story Deciduous.
1) A woody plant, which at maturity is thirty
(30) feet or more in height, with a single
trunk un-branched for several feet above
the ground, having a defined crowri which
looses leaves annually.
2) Such trees shal l have a 2 1 j 2 inch cal iper
1.7
minimum at planting.
b. Ornamental.
1) A woody plant, which at maturity is less
than thirty (30) feet in height, with a
single trunk un-branched for several feet
above the ground, having a defined crown
which looses leaves annually.
2) Such trees shall have a 1 1/2 inch cal iper
minimum at planting.
c. Coniferous.
i) A woody plant, which a maturity is at
least thirty (30) feet or more in height,
with a single trunk fully branched to the
ground, having foliage on the outermost
portion of the branches year-round.
2) Such trees shall be six (6) feet in height
at planting.
(3) Shrubs.
a. Deciduous or evergreen plant material, which
at maturity is fifteen (15) feet in height or
less. Such materials may be used for the
formation of hedges. Such materials shall meet
the following minimum standards at time of
planting:
1) Dwarf deciduous shrubs shall be eighteen
(18) inches tall.
2) Deciduous shrubs shall be twenty-four (24)
inches tall, except as in Section D below.
3) Evergreen shrubs shall be of the eighteen
(18) inch classification.
(4) Vines.
Vines shall be at least twelve (12) inches high at
planting, and are generally used in conjunction 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.
E.
la '
•�
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.
Perimeter Landscaping; Standards.
(1) In order to achieve landscaping which is appropriate
in scale with the si2e 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) ornamental trees can be substituted for
every one (1) over-story deciduvus shade tree.
In no case shall ornamental trees exceed fifty
(50) percent of the required number of trees.
c. Parking and driving
and frontage street
following manner:
areas between the building
shall be screened in the
1) A continuous mass of plant materials;
minimum of three (3) feet in height at
time of planting; or
2) A continuous earth berm with slopes no
greater than 3:1 and a minimum of three
(3) feet in height; or
3) A combination of earth berms and plant
materials such that a minimum of three ( 3)
feet of continuous screening is achieved.
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 addition 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 fraction thereof.
G. Screening and Buffering Standards
(1) Where the parcel abuts park or residentially zoned
property, there shall be provided a landscaped
buffer which sha11 be constructed in the following
manner:
a. A screening fence or wall shall be constructed
within a f ive ( 5) foot strip along the property
line(s) abutting the 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 slats 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-round
opaqueness of eighty (80) percent at the time
of maturity. The plant material shall be of
sufficient height to achieve the required
screening. Planting screens shall be
maintained in a neat and healthful condition.
Dead vegetation shall be promptly replaced.
c. If the existing topography, natural growth of
vegetation, permanent buildings or other
barriers meet the standards for screening as
approved by the City, they may be substituted
for all or part of the screening fence or
planting screen.
(2) All loading docks must be located in the rear or
side yards and be screened with a six (6) foot high
minimum solid screening fence if visible from a
public right-of-way or if within thirty (30) feet
of a residential districts.
(3) All external loading and service areas accessory to
buildings shall be completely screened from the
ground level view from contiguous residential
1.9
1.10
properties and adjacent streets, except at access
points.
H. Credit for Large Trees
The total number of required over-story trees may be
reduced by one-half (1/2) tree for each new deciduous
tree measuring three (3) inches or more in diameter, or
each new coniferous tree measuring eight (8) feet or more
in height. In no event, however, shall the reduction be
greater than twenty-five (25) percent of the total number
of trees required.
I. Credit for Existing Trees
The total number of required new over-story trees may be
reduced by the retention of existing over-story trees
provided that the following conditions are satisfied:
(1) Such trees are four ( 4) inches or greater in cal iper
measured six (6) inches from soil level.
(2) For each existing tree meeting the requirement, two
trees as required in section D above may be deleted.
(3) Proper precautions to protect trees during
development shall be indicated on grading plans
submitted for plan review. Such precautions are
outlined in section J. These precautions shall be
included in the landscape surety.
J. Irrigation.
Underground irrigation shall be required to maintain all
landscaped, boulevard, front and side yard areas.
K. Installation.
(1) The following standards shall be met when installing
the required landscaping:
a. Plant materials shall be located to provide
reasonable access to all utilities.
b. All required screening or buffering shall be
located on the lot occupied by the use,
building, facility or structures to be
screened. No screening or buffering shall be
located on any public right-of-way.
c. Sodded areas on slopes shall be staked.
d. Seeded areas shall be mulched with straw to
prevent erosion. Hydro mulching is acceptable.
1.11
e. Oak trees shall be surrounded by snow fence or
other means at their drip line to prevent
compaction of their root systems.
f. Plantings shall not be placed so as to obstruct
lines of sight at street corners and driveways.
g. No plant materials reaching a mature height of
twenty (20) feet or more shall be planted
within a twenty-five (25) foot lineal path of
the centerline of an overhead power line.
(2) The applicant shall install all landscape materials
within one year; but shall have three (3) years
within which to install the required landscaping if
the following minimum standards are met:
a. First year
1) All grading is completed, including
installation of berms.
2) The required irrigation system is
installed.
3) Areas to be seeded and/or sodded are
installed.
4) Screening for adjacent residential areas
is installed, if required.
5) Twenty-five (25) percent of the required
over-story trees are installed.
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.
3j Fifty (50� percent of the remaining
required over-story trees are installed.
c. Third year
Any remaining landscaping shall be installed.
�. Maintenance.
1.12
(1) The property owner shall be responsible for
replacement of any dead trees, shrubs, ground
covers, and sodding. If any plant materials are not
maintained or replaced, the property owner shall
have, upon written notification from the City, one
growing season to replace said materials before the
City shall maintain or replace said plant materials
and assess the property for the costs thereof.
Plant materials need not be replaced specie for
specie; however, in no case shall the number of
plant materials be reduced from the minimum that is
required by this section when replacing dead plant
materials.
( 2) Screen fences and walls which are in disrepair shall
be repaired.
(3) All vacant lots, tracts, or parcels shall be
properly maintained in an orderly manner free of
litter and junk.
205.:.3 C-1 Local Business Regulations
5.
C'�!
Parking Requirements
D. Design Requirements
(8) Parking lots with more than four (4) parking stalls
shall be striped.
(9) Sufficient concrete areas may be required for
motorcycle parking in addition to the required vehicle
parking stalls.
(lo) 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 fire
lanes.
(11) Safety signs, markings and traffic control devices
may be required, to promote vehicular and pedestrian
safety.
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 section.
1.13
(2) Existing developments shall comply with the
requirements of this section if one or more of the
following applies:
a. At the time of a building expansion or
alteration which dictates the necessity for
additional parking or hardsurface areas in
excess of four (4) stalls.
b. Building alterations which dictate a change in
use such that the parking area must be expanded
in excess of four (4) stalls.
c. Construction of additional loading docks.
d. Construction of new parking areas in excess of
four (4) stalls.
(3) If full compliance cannot be achieved due to site
constraints, partial compliance as determined by the
City shall be enforced.
(4) The requirements of this section shall not be
required for building alterations which do not
affect the exterior portions of the site.
B. Bonding Requirement
The City shall retain a performance bond, cash or letter
of credit, as required in Section 205.05.06.A.(3) of the
zoning code for one growing season after the installation
of landscape materials is completed.
C. Plan Submission and Approval.
(1) A landscape plan shall be submitted to and approved
by the City prior to issuance of a building permit
or prior to approval of outside improvements not
related to building improvements. A plan shall not
be required for routine replacement of existing
materials or the installation of new materials when
not associated with a building project.
(2) The following items shall appear on the landscape
plan:
a. General
1) Name and address of owner/developer
2) Name and address of architect/designer
3) Date of plan preparation
4)
5)
6)
7)
1.14
Dates and description of all revisions
Name of project or development
Scale of plan (enqineering scale only) at
no smaller than 1 inch equals 50 feet
North point indication
b. Landscape Data
1)
2)
3)
4)
5)
6)
7)
8)
Planting schedule (table) containing:
a) Symbols
b) Quantities
c) Common names
d) Botanical names
e) Sizes of plant material at time of
planting
f) Root specification (B.R., 8& B,
potted, etc.)
g) Special planting instructions
Existing tree and shrubbery, locations,
common names and approximate size
Planting detail (show all species to scale
at nornaal mature crown diameter, or spread
for local hardiness zone)
Typical sections in detail of fences, tie
walls, planter boxes, tot lots, picnic
areas, berms, and other similar features.
Typical sections of landscape islands and
planter beds with identification of
materials used.
Details of planting beds and foundation
plantings.
Note indicating how disturbed soil areas
will be restored through the use of
sodding, seeding, or other techniques.
Delineation of both sodded and seeded
areas with total areas provided in square
feet, and slope information.
1.15
9) Coverage plan for underground irrigation
system, if any.
10) Statement or symbols, to describe exterior
lighting plan concept.
c. Special Conditions:
Where landscape or man-made materials are used
to provide required screening from adjacent and
neighboring properties, a cross-section shall
be provided through the site and adjacent
properties to show property elevation, existing
buildings and screening in scale.
D. Landscaping Materials; Definitions.
Al1 plant materials shall be living plants. Artificial
plants are prohibited.
(1) Grass and ground cover.
a. Ground cover shall be planted in such a manner
as to present a finished appearance and
reasonably complete coverage within twelve (12)
months after planting, with proper erosion
control during plant establishment period.
Exception to this is undisturbed areas
containing natural vegetation which can be
maintained free of foreign and noxious
materials.
b. Accepted ground covers are sod, seed, or other
organic material. The use of rock and bark
mulch shall be limited to areas around other
vegetation (i.e. shrubs) and shall be contained
by edging.
(2) Trees.
a. Over-story Deciduous.
1) A woody plant, which at maturity is thirty
(30) feet or more in height, with a single
trunk un-branched for several feet above
the ground, having a defined crown which
looses leaves annually.
2) Such trees shall have a 2 1/2 inch caliper
minimum at planting.
b. Ornamental.
1) A woody plant, which at maturity is less
1.16
than thirty (30) feet in height, with a
single trunk un-branched for several feet
above the ground, having a defined crown
which looses leaves annually.
2) Such trees shall have a 1 1/2 inch caliper
minimum at planting.
c. Coniferous.
1) A woody plant, which a maturity is at
least thirty (30) feet or more in height,
with a single trunk fully branched to the
ground, having foliage on the outermost
portion of the branches year-round.
2) Such trees shall be six (6) feet in height
at planting.
(3) Shrubs.
a. Deciduous or evergreen plant material, which
at maturity is fifteen (15) feet in height or
less. Such materials may be used for the
formation of hedges. Such materials shall meet
the following minimum standards at time of
planting:
1) Dwarf deciduous shrubs shall be eighteen
(18) inches tall.
2) Deciduous shrubs shall be twenty-four (24)
inches tall, except as in Section D below.
3) Evergreen shrubs shall be of the eighteen
(18) inch classification.
(4) Vines.
Vines shall be at least twelve (12) inches high at
planting, and are generally used in conjunction with
walls or fences.
(5) Slopes and Berms.
a. Final slope grades steeper than 3:1 will not
be penaitted 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.
1.17
(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) ornamental trees can be substituted for
every one (1) over-story deciduous shade tree.
In no case shall ornamental 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 continuous mass of plant materials;
minimum of three (3) feet in height at
time of planting; or
2) A continuous earth berm with slopes no
greater than 3:1 and a minimum of three
(3) feet in height; or
3) A combination of earth berms and plant
materials such that a minimum of three ( 3)
feet of continuous screening is achieved.
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 addition 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
1.18
each fifteen (15) surface parking spaces provided
or a fraction thereof.
�. 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 f ive ( 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 slats 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-round
opaqueness of eighty (80) percent at the time
of maturity. The plant material shall be of
sufficient height to achieve the required
screening. Planting screens shall be
maintained in a neat and healthful condition.
Dead vegetation shall be promptly replaced.
c. If the existing topography, natural growth of
vegetation, permanent buildings or other
barriers meet the standards for screening as
approved by the City, they may be substituted
for all or part of the screening fence or
planting screen.
(2) All loading docks must be located in the rear or
side yards and be screened with a six (6) foot high
minimum solid screeninq fence if visible from a
public right-of-way or if within thirty (30) feet
of a residential districts.
(3) All external loading and service areas accessory to
buildings shall be completely screened from the
ground level view from contiguous residential
properties and adjacent streets, except at access
points.
�. Credit for Large Trees
1.19
The total number of required over-story trees may be
reduced by one-half (1/2) tree for each new deciduous
tree measuring three (3) inches or more in diameter, or
each new coniferous tree measuring eight (8) feet or more
in height. In no event, however, shall the reduction be
greater than twenty-five (25) percent of the total number
of trees required.
:. Credit for Existing Trees
The total number of required new over-story trees may be
reduced by the retention of existing over-story trees
provided that the following conditions are satisfied:
(1) Such trees are four ( 4) inches or greater in cal iper
measured six (6) inches from soil level.
(2) For each existing tree meeting the requirement, two
trees as required in section D above may be deleted.
(3) Proper precautions to protect trees during
development shall be indicated on grading plans
submitted for plan review. Such precautions are
outlined in section J. These precautions shall be
included in the landscape surety.
,�. Irrigation.
Underground irrigation shall be required to maintain all
landscaped, boulevard, front and side yard areas.
;. Installation.
(1) The following standards shall be met when installing
the required landscaping:
a. Plant materials shall be located to provide
reasonable access to all utilities.
b. All required screening or buffering shall be
located on the lot occupied by the use,
building, facility or structures to be
screened. No screening or buffering shall be
located on any public right-of-way.
c. Sodded areas on slopes shall be staked.
d. Seeded areas shall be mulched with straw to
prevent erosion. Hydro mulching is acceptable.
e. Oak trees shall be surrounded by snow fence or
other means at their drip line to prevent
compaction of their root systems.
1.20
f. Plantings shall not be placed so as to obstruct
lines of sight at street corners and driveways.
g. No plant materials reachinq a mature heiqht of
twenty (20) feet or more shall be planted
within a twenty-five (25) foot lineal path of
the centerline of an overhead power line.
(2) The applicant shall install all landscape materials
within one year; but shall have three (3) years
within which to install the required landscaping if
the following minimum standards are met:
a. First year
1) All qrading is completed, including
installation of berms.
2) The required irrigation system is
installed.
3) Areas to be seeded and/or sodded are
installed.
4) Screening for adjacent residential areas
is installed, if required.
5) Twenty-five (25) percent of the required
over-story trees are installed.
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 landscapinq shall be installed.
L. Maintenance.
(1) The property owner shall be responsible for
replacement of any dead trees, shrubs, ground
covers, and sodding. If any plant materials are not
maintained or replaced, the property owner shall
have, upon written notification from the City, one
7.
(2)
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.
Screen fences and walls which are in disrepair shall
be repaired.
(3) All vacant lots,
properly maintained
litter and junk.
Performance Standards
�
F.
Screening
1.21
tracts, or parcels shall be
in an orderly manner free of
(1) Screening of off-street parking shall be required
for:
(2) Where any commercial district is adjacent to a
public right-of-way or across from any residential
district, the following requirements must be met:
(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 by a fence or other
approved screen which extends two (2) feet above the
highest item to be stored with the height of the fence
not to exceed eight (8) feet.
(5) Motor vehicles necessary to the operation of the
principal use may be stored without screening only within
the permitted rear yard area, if they are not readily
visible from a public right-of-way.
(6) Al1 roof equipment, except alternate energy devices,
must be screened from public view unless the equipment
is designed as an integral part of the building and is
compatible with the lines of the buildinq, as determined
by the City.
Maintenance.
1.22
G. Essential Services.
205.:4 C-2 General Business District Regulations
5. Parking Requirements
D. Design Requirements
(8j Parking lots with more than four (4) parking stalls
shall be striped.
(9) Sufficient concrete areas may be required for
motorcycle parking in addition 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 fire
lanes.
(11) Safety signs, markings and traffic control devices
may be required, to promote vehicular and pedestrian
safety.
6. 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 section.
(2) Existing developments shall comply with the
requirements of this section if one or more of the
following applies:
a. At the time of a building expansion or
alteration which dictates the necessity for
additional parking or hardsurface areas in
excess of four (4) stalls.
b. Building alterations which dictate a change in
use such that the parking area must be expanded
in excess of four (4) stalls.
c. Construction of additional loading docks.
d. Construction of new parking areas in excess of
four (4) stalls.
1.23
(3) If full compliance cannot be achieved due to site
constraints, partial compliance as determined by the
City shall be enforced.
(4) The requirements of this section shall not be
required for building alterations which do not
affect the exterior portions of the site.
B. Bonding Requirement
The City shall retain a performance bond, cash or letter
of credit, as required in Section 205.05.06.A.(3) of the
zoning code for one qrowing season after the installation
of landscape materials is completed.
�. Plan Submission and Approval.
(1) A landscape plan shall be submitted to and approved
by the City prior to issuance of a building permit
or prior to approval of outside improvements not
related to building improvements. A plan shall not
be required for routine replacement of existing
materials or the installation of new materials when
not associated with a building project.
(2) The following items shall appear on the landscape
plan:
a. General
1) Name and address of owner/developer
2) Name and address of architect/designer
3j Date of plan preparation
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 indication
b. Landscape Data
1) Planting schedule (table) containing:
a) Symbols
b) Quantities
c) Common.names
1.24
d) Botanical names
e) Sizes of plant material at time of
planting
f) Root specification (B.R., B& B,
potted, etc.)
g) Special planting instructions
2) Existing tree and shrubbery, locations,
common names and approximate size
3) Plantinq detail (show all species to scale
at normal mature crown diameter, or spread
for local hardiness zone)
4� Typical sections in detail of fences, tie
walls, planter boxes, tot lots, picnic
areas, berms, and other similar features.
5) Typical sections of landscape islands and
planter beds with identification of
materials used.
6) Details of planting beds and foundation
plantinqs.
7) Note indicating how disturbed soil areas
will be restored through the use of
sodding, seeding, or other techniques.
8) Delineation of both sodded and seeded
areas with total areas provided in square
feet, and slope information.
9) Coverage plan for underground irrigation
system, if any.
10) Statement or symbols, to describe exterior
lighting plan concept.
c. Special Conditions:
Where landscape or man-made materials are used
to provide required screening from adjacent and
neighboring properties, a cross-section shall
be provided through the site and adjacent
properties to show property elevation, existing
buildings and screening in scale.
). Landscaping Materials; Definitions.
All plant materials shall be living plants. Artificial
1.25
plants are prohibited.
(1) Grass and ground cover.
a. Ground cover shall be planted in such a manner
as to present a finished appearance and
reasonably complete coverage within twelve (12)
months after planting, with proper erosion
control during plant establishment period.
Exception to this is undisturbed areas
containing natural vegetation which can be
maintained free of foreign and noxious
materials.
b. Accepted ground covers are sod, seed, or other
organic material. The use of rock and bark
mulch shall be limited to areas around other
vegetation (i.e. shrubs) and shall be contained
by edging.
(2) Trees.
a. Over-story Deciduous.
1) A woody plant, which at maturity is thirty
(30) feet or more in height, with a single
trunk un-branched for several feet above
the ground, having a defined crown which
looses leaves annually.
2) Such trees shall have a 2 1/2 inch caliper
minimum at planting.
b. Ornamental.
1) A woody plant, which at maturity is less
than thirty (30) feet in height, with a
single trunk un-branched for several feet
above the ground, having a defined crown
which looses leaves annually.
2) Such trees shall have a 1 1/2 inch caliper
minimum at planting.
c. Coniferous.
1) A woody plant, which a maturity is at
least thirty (30) feet or more in height,
with a single trunk fully branched to the
ground, having foliage on the outermost
portion of the branches year-round.
2) Such trees shall be six ( 6) feet in height
at planting.
E.
1.26
(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)
2)
3)
(4) Vines.
Dwarf deciduous shrubs shall be eighteen
(18) inches tall.
Deciduous shrubs shall be twenty-four (24)
inches tall, except as in Section D below.
Evergreen shrubs shall be of the eighteen
(18) inch classification.
Vines shall be at least twelve (12) inches high at
planting, and are generally used in conjunction with
walls or fences.
(5) Slopes and Berms.
a. Final slope grades steeper than 3:1 wi11 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.
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) ornamental trees can be substituted for
every one (1) over-story deciduous shade tree.
In no case shall ornamental trees exceed fifty
(50) percent of the required number of trees.
c. Parking and driving areas between the building
F.
G.
1.27
and frontage street shall be screened in the
following manner:
1) A continuous mass of
minimum of three (3)
time of planting; or
plant materials;
feet in height at
2) A continuous earth berm with slopes no
qreater than 3:1 and a minimum of three
(3) feet in height; or
3) A combination of earth berms and plant
materials such that a minimum of three ( 3)
feet of continuous screening is achieved.
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 (180j square feet with a minimum
width of five (5) feet and shall be provided with
deciduous shade trees, or ornamental, or evergreen
trees, plus ground cover, mulch, and/or shrubbery,
in addition to the minimum landscape requirements
of this ordinance. 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 fraction thereof.
5creening and Buffering Standards
(1) Where the parcel abuts park or resideritially 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 alonq 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)
1.28
feet high. Chain link fences shall have non-
wooden slats 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-round
opaqueness of eighty (80) percent at the time
of maturity. The plant material shall be of
sufficient height to achieve the required
screening. Planting screens shall be
maintained in a neat and healthful condition.
Dead vegetation shall be promptly replaced.
c. If the existing topography, natural growth of
vegetation, permanent buildings or other
barriers meet the standards for screening as
approved by the City, they may be substituted
for all or part of the screening fence or
planting screen.
(2) All loading docks must be located in the rear or
side yards and be screened with a six (6) foot high
minimum solid screening fence if visible from a
public right-of-way or if within thirty (30) feet
of a residential districts.
(3) Al1 external loading and service areas accessory to
buildings shall be completely screened from the
ground level view from contiguous residential
properties and adjacent streets, except at access
points.
:i. Credit for Large Trees
The total number of required over-story trees may be
reduced by one-half (1/2) tree for each new deciduous
tree measuring three (3) inches or more in diameter, or
each new coniferous tree measuring eight (8) feet or more
in height. In no event, however, shall the reduction be
greater than twenty-f ive ( 25 ) percent of the total number
of trees required.
:. Credit for Existing Trees
The total number of required new over-story trees may be
reduced by the retention of existing over-story trees
provided that the following conditions are satisfied:
(1) Such trees are four ( 4) inches or greater in cal iper
measured six (6� inches from soil level.
(2) For each existing tree meeting the requirement, two
1.29
trees as required in section D above may be deleted.
(3) Proper precautions to protect trees during
development shall be indicated on grading plans
submitted for plan review. Such precautions are
outlined in section J. These precautions shall be
included in the landscape surety.
J. Irrigation.
Underground irrigation shall be required to maintain all
landscaped, boulevard, front and side yard areas.
K. Installation.
(1) The following standards shall be met when installing
the required landscaping:
a. Plant materials shall be located to provide
reasonable access to all utilities.
b. Al1 required screeninq or buffering shall be
located on the lot occupied by the use,
building, facility or structures to be
screened. No screening or buffering shall be
located on any puhlic right-of-way.
c. Sodded areas on slopes shall be staked.
d. Seeded areas shall be mulched with straw to
prevent erosion. Hydro mulching is acceptable.
e. Oak trees shall be surrounded by snow fence or
other means at their drip line to prevent
compaction of their root systems.
f. Plantings shall not be placed so as to obstruct
lines of sight at street corners and driveways.
g. No plant materials reaching a mature height of
twenty (20) feet or more shall be planted
within a twenty-five (25) faot lineal path of
the centerline of an overhead power line.
(2) The applicant shall install all landscape materials
within one year; but shall have three (3) years
within which to install the required landscaping if
the following minimum standards are met:
a. First year
1) All grading is completed, including
installation of berms.
1.30
2) The required irrigation system is
installed.
3) Areas to be seeded and/or sodded are
installed.
4) Screening for adjacent residential areas
is installed, if required.
5) Twenty-five (25) percent of the required
over-story trees are installed.
6) Twenty-five (25) percent of the perimeter
landscaping is installed.
b. Second year
1) The remainder of the perimeter landscaping
is installed.
2) Interior landscaping is installed.
3) Fifty (50) percent of the remaining
required over-story trees are installed.
c. Third year
Any remaining landscaping shall be installed.
L. Maintenance.
(1) The property owner shall be responsible for
replacement of any dead trees, shrubs, ground
covers, and sodding. If any plant materials are not
maintained or replaced, the property owner shall
have, upon written notification from the City, one
growing season to replace said materials before the
City shall maintain or replace said plant materials
and assess the property for the costs thereof.
Plant materials need not be replaced specie for
specie; however, in no case shall the number of
plant materials be reduced from the minimum that is
required by this section when replacing dead plant
materials.
( 2) Screen fences and walls which are in disrepair shall
be repaired.
(3) All vacant lots, tracts, or parcels shall be
properly maintained in an orderly manner free of
litter and junk.
7. �erformance Standards
1.31
D. Screening
(i) Screening of off-street parking shall be required
for:
(2) Where any commercial district is adjacent to a
public right-of-way or across from any residential
district, the following requirements must be met:
(3) Al1 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 by a fence or other
approved screen which extends two (2) feet above the
highest item to be stored with the heiqht of the fence
not to exceed eight (8) feet.
(5) Motor vehicles necessary to the operation of the
principal use may be stored without screening only within
the permitted rear yard area, if they are not readily
visible from a public right-of-way.
(6) All roof equipment, except alternate energy devices,
must be screened from public view unless the equipment
is designed as an integral part of the building and is
compatible with the lines of the building, as determined
by the City.
F. Maintenance.
G. Essential Services.
205.:5 C-3 General Shopping District Regulations
5. Parking Requirements
D. Design Requirements
(8) Parking lots with more than four (4) parking stalls
shall be striped.
(9) Sufficient concrete areas may be required for
motorcycle parking in addition 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
1.32
will not disrupt pedestrian or vehicular traffic or fire
lanes.
(11) Safety signs, markings and traffic control devices
may be required, to promote vehicular and pedestrian
safety.
6. 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.
(ij All new developments requiring a building permit
shall comply with the requirements of this section.
(2) Existing developments shall comply with the
requirements of this section if one or more of the
following applies:
a. At the time of a building expansion or
alteration which dictates the necessity for
additional parking or hardsurface areas in
excess of four (4) stalls.
b. Building alterations which dictate a change in
use such that the parking area must be expanded
in excess of four (4) stalls.
c. Construction of additional loading docks.
d. Construction of new parking areas in excess of
four (4) stalls.
(3� If full compliance cannot be achieved due to site
constraints, partial compliance as determined by the
City shall be enforced.
(4) The requirements of this section shall not be
required for building alterations which do not
affect the exterior portions of the site.
B. Bonding Requirement
The City shall retain a performance bond, cash or letter
of credit, as required in Section 205.05.06.A.(3) of the
zoning code for one growing season after the installation
of landscape materials is completed.
C. Plan Submission and Approval.
(1) A landscape plan shall be submitted to and approved
1.33
by the City prior to issuance of a building permit
or prior to approval of outside improvements not
related to building improvements. A plan shall not
be required for routine replacement of existing
materials or the installation of new materials when
not associated with a building project.
(2) The following items shall appear on the landscape
plan:
a. General
1) Name and address of owner/developer
2) Name and address of architect/designer
3) Date of plan preparation
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 indication
b. Landscape Data
1) Planting schedule (table) containing:
a) symbols
b) Quantities
c) Common names
d) Botanical names
e) Sizes of plant material at time of
planting
f) Root specification (B.R., B& B,
potted, etc.)
g) Special planting instructions
2) Existing tree and shrubbery, locations,
common names and approximate size
3) Planting detail (show all species to scale
at normal mature crown diameter, or spread
for local hardiness zone)
4� Typical sections in detail of fences, tie
1.34
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 foundation
.plantings.
7) Note indicating how disturbed soil areas
will be restored through the use of
sodding, seeding, or other techniques.
8) Delineation of both sodded and seeded
areas with total areas provided in square
feet, and slope information.
9) Coverage plan for underground irrigation
system, if any.
10) Statement or symbols, to describe exterior
lighting plan concept.
c. Special Conditions:
Where landscape or man-made materials are used
to provide required screening from adjacent and
neighboring properties, a cross-section shall
be provided through the site and adjacent
properties to show property elevation, existing
buildings and screening in scale.
D. Landscaping Materials; Definitions.
All plant materials shall be living plants. Artificial
plants are prohibited.
(1) Grass and ground cover.
a. Ground cover shall be planted in such a manner
as to present a finished appearance and
reasonably complete coverage within twelve (12)
months after planting, with proper erosion
control during plant establishment period.
Exception to this is undisturbed areas
containing natural vegetation which can be
maintained free of foreign and noxious
materials.
b. Accepted ground covers are sod, seed, or other
organic material. The use of rock and bark
mulch shall be limited to areas around other
vegetation (i.e. shrubs) and shall be contained
�
�
1.35
by edging.
(2) Trees.
a. Over-story Deciduous.
1) A woody plant, which at maturity is thirty
(30) feet or more in height, with a single
.trunk un-branched for several feet above
the ground, having a defined crown which
looses leaves annually.
2) Such trees shall have a 2 1/2 inch caliper
minimum at planting.
b. Ornamental.
1) A woody plant, which at maturity is less
than thirty (30) feet in height, with a
single trunk un-branched for several feet
above the ground, having a defined crown
which looses leaves annually.
2) Such trees shall have a 1 1/ 2 inch cal iper
minimum at planting.
c. Coniferous.
1) A woody plant, which a maturity is at
least thirty (30) feet or more in height,
with a single trunk fully branched to the
ground, having foliage on the outermost
portion of the branches year-round.
2) Such trees shall be six (6) feet in height
at planting.
( 3 ) Shrubs .
a. Deciduous or evergreen plant material, which
at maturity is fifteen (15) feet in height or
less. Such materials may be used for the
formation of hedges. Such materials shall meet
the following minimum standards at time of
planting:
1) Dwarf deciduous shrubs shall be eighteen
(18) inches tall.
2) Deciduous shrubs shall be twenty-four (24)
inches tall, except as in Section D below.
3) Evergreen shrubs shall be of the eighteen
(18) inch classification.
i
1.36
(4) Vines.
Vines shall be at least twelve (12) inches high at
planting, and are generally used in conjunction 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.
�. 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) ornamental trees can be substituted for
every one (1) over-story deciduous shade tree.
In no case shall ornamental 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 continuous mass of plant materials;
minimum of three (3) feet in height at
time of planting; or
2) A continuous earth berm with slopes no
greater than 3:1 and a minimum of three
(3) feet in height; or
3) A combination of earth berms and plant
materials such that a minimum of three ( 3)
feet of continuous screening is achieved.
F. Interior Parking Lot Landscaping Standards
(1) All parking areas containing over one hundred (100)
1.37
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 �ive (5) feet and shall be provided with
deciduous shade trees, or ornamental, or evergreen
trees, plus ground cover, mulch, and/or shrubbery,
in addition to the minimum landscape requirements
of this ordinance. 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 fraction 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 slats 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-round
opaqueness of eighty (80) percent at the time
of maturity. The plant material shall be of
sufficient height to achieve the required
screening. Planting screens shall be
maintained in a neat and healthful condition.
Dead vegetation shall be promptly replaced.
c. If the existing topography, natural growth of
vegetation, permanent buildings or other
barriers meet the standards for screening as
1.38
H.
I.
J.
approved by the City,
for all or part of
planting screen.
they may be substituted
the screening fence or
(2) All loading docks must be located in the rear or
side yards and be screened with a six (6) foot high
minimum solid screeninq fence if visible from a
public right-of-way or if within thirty (30) feet
of a residential districts.
(3) All external loading and service areas accessory to
buildings shall be completely screened from the
ground level view from contiguous residential
properties and adjacent streets, except at access
points.
Credit for Large Trees
The total number of required over-story trees may be
reduced by one-half (1/2) tree for each new deciduous
tree measuring three (3) inches or more in diameter, or
each new coniferous tree measuring eight (8) feet or more
in height. In no event, however, shall the reduction be
greater than twenty-five (25) percent of the total number
of trees required.
Credit for Existing Trees
The total number of required new over-story trees may be
reduced by the retention of existing over-story trees
provided that the following conditions are satisfied:
(1)
(2)
Such trees are four ( 4) inches or greater in cal iper
measured six (6) inches from soil level.
For each existing tree meeting the requirement, two
trees as required in section D above may be deleted.
(3) Proper precautions to protect trees during
development shall be indicated on grading plans
submitted for plan review. Sucri precautions are
outlined in section J. These precautions shall be
included in the landscape surety.
Irrigation.
Underground irrigation shall be required to maintain all
landscaped, boulevard, front and side yard areas.
K. Installation.
(1) The following standards shall be met when installing
the required landscaping:
1.39
a. Plant materials shall be located to provide
reasonable access to all utilities.
b. All required screening or buffering shall be
located on the lot occupied by the use,
building, facility or structures to be
screened. No screening or buffering shall be
located on any public right-of-way.
c. Sodded areas on slopes shall be staked.
d. Seeded areas shall be mulched with straw to
prevent erosion. Hydro mulching is acceptable.
e. Oak trees shall be surrounded by snow fence or
other means at their drip line to prevent
compaction of their root systems.
f. Plantings shall not be placed so as to obstruct
lines of sight at street corners and driveways.
g. No plant materials reaching a mature height of
twenty (20) feet or more shall be planted
within a twenty-five (25) foot lineal path of
the centerline of an overhead power line.
(2) The applicant shall install all landscape materials
within one year; but shall have three (3) years
within which to install the required landscaping if
the following minimum standards are met:
a. First year
1) All grading is completed, including
installation of berms.
2) The required irrigation system is
installed.
3) Areas to be seeded and/or sodded are
installed.
4) Screening for adjacent residential areas
is installed, if required.
5) Twenty-five (25) percent of the required
over-story trees are installed.
6) Twenty-five (25) percent of the perimeter
landscaping is installed.
b. Second year
1) The remainder of the perimeter landscaping
7.
2)
3)
is installed.
Interior landscaping is installed.
Fifty (50) percent of the remaining
required over-story trees are installed.
c. Third year
Any remaining landscaping shall be installed.
L. Maintenance.
(1) The property owner shall be responsible for
replacement of any dead trees, shrubs, ground
covers, and sodding. If any plant materials are not
maintained or replaced, the property owner shall
have, upon written notification from the City, one
growing season to replace said materials before the
City shall maintain or replace said plant materials
and assess the property for the costs thereof.
Plant materials need not be replaced specie for
specie; however, in no case shall the number of
plant materials be reduced from the minimum that is
required by this section when replacing dead plant
materials.
( 2) Screen fences and walls which are in disrepair shall
be repaired.
(3) All vacant lots,
properly maintained
litter and junk.
Performance Standards
D. Screening
1.40
tracts, or parcels shall be
in an orderly manner free of
(1) Screening of off-street parking shall be required
for:
(2) Where any commercial district is adjacent to a
public right-of-way or across from any residential
district, the following requirements must be met:
(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 fram 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
1.41
be screened on all sides from view from a public
right-of-way or an adjoining property by a fence or other
approved screen which extends two (2) feet above the
highest item to be stored with the height of the fence
not to exceed eight (8) feet.
(5) Motor vehicles necessary to the operation of the
principal use may be stored without screening only within
the permitted rear yard area, if they are not readily
visible from a�public right-of-way.
(6) All roof equipment, except alternate energy devices,
must be screened from public view unless the equipment
is desiqned as an integral part of the building and is
compatible with the lines of the building, as determined
by the City.
F'. Maintenance.
�. Essential Services.
205.16 CR-1 General Office District Regulations
5. Parking Requirements
D. Design Requirements
(8) Parking lots with more than four (4) parking stalls
shall be striped.
(9) Sufficient concrete areas may be required for
motorcycle parking in addition 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 fire
lanes.
(il) Safety signs, markings and traffic control devices
may be required, to promote vehicular and pedestrian
safety.
6. LANDSCAPE REQUIREMENTS
A. Scope.
Al1 open areas of any site, except for areas used for
parking, driveways, or storage shall be landscaped and
incorporated in a landscape plan.
(1) All new developments requiring a building permit
shall comply with the requirements of this section.
1.42
(2) Existing developments shall comply with the
requirements of this section if one or more of the
following applies:
a. At the time of a building expansion or
alteration which dictates the necessity for
additional parking or hardsurface areas in
excess of four (4) stalls.
b. Building alterations which dictate a change in
use such that the parking area must be expanded
in excess of four (4) stalls.
c. Construction of additional loading docks.
d. Construction of new parking areas in excess of
four (4) stalls.
(3) If full compliance cannot be achieved due to site
constraints, partial compliance as determined by the
City shall be enforced.
(4} The requirements of this section shall not be
required for building alterations which do not
affect the exterior portions of the site.
3. Bonding Requirement
The City shall retain a performance bond, cash or letter
of credit, as required in Section 205.05.06.A.(3) of the
zoning code for one growing season after the installation
of landscape materials is completed.
�. Plan Submission and Approval.
(1) A landscape plan shall be submitted to and approved
by the City prior to issuance of a building permit
or prior to approval of outside improvements not
related to building improvements. A plan shall not
be required for routine replacement of existing
materials or the installation of new materials when
not associated with a building project.
(2) The following items shall appear on the landscape
plan:
a. General
1) Name and address of owner/developer
2) Name and address of architect/designer
3) Date of plan preparation
1.43
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 indication
b. Landscape Data
1) Planting schedule (table) containing:
a) Symbols
b) Quantities
c) Common names
d) Botanical names
e) Sizes of plant material at time of
planting
f) Root specification (B.R., B& B,
potted, etc.)
g) Special planting instructions
2) �Existing tree and shrubbery, locations,
common names and approximate size
3) Planting detail (show all species to scale
at normal mature crown diameter, or spread
for local hardiness zonej
4) Typical sections 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 foundation
plantings.
7) Note indicating how disturbed soil areas
will be restored through the use of
sodding, seeding, or other techniques.
8) Delineation of both sodded and seeded
areas with total areas provided in square
feet, and slope information.
1.44
9) Coveraqe plan for underqround irrigation
system, if any.
10) Statement or symbols, to describe exterior
lighting plan concept.
c. Special Conditions:
Where landscape or man-made materials are used
to provide required screening from adjacent and
neighboring properties, a cross-section shall
be provided through the site and adjacent
properties to show property elevation, existing
buildings and screening in scale.
�. Landscaping Materials; Definitions.
All plant materials shall be living plants. Artificial
plants are prohibited.
(1) Grass and ground cover.
a. Ground cover shall be planted in such a manner
as to present a finished appearance and
reasonably complete coverage within twelve (12)
months after planting, with proper erosion
control during plant establishment period.
Exception to this is undisturbed areas
containing natural vegetation which can be
maintained free of foreign and noxious
materials.
b. Accepted ground covers are sod, seed, or other
organic material. The use of rock and bark
mulch shall be limited to areas around other
vegetation (i.e. shrubs) and shall be contained
by edging.
(2) Trees.
a. Over-story Deciduous.
1) A woody plant, which at maturity is thirty
(30) feet or more in height, with a single
trunk un-branched for several feet above
the ground, having a defined crown which
looses leaves annually.
2) Such trees shall have a 2 1/2 inch caliper
minimum at planting. .
b. Ornamental.
1) A woody plant, which at maturity is less
1.45
than thirty (30) feet in height, with a
sinqle trunk un-branched for several feet
above the ground, having a defined crown
which looses leaves annually.
2) Such trees shall have a 1 1/2 inch caliper
minimum at planting.
c. Coni£erous.
1) A woody plant, which a maturity is at
least thirty (30) feet or more in height,
with a single trunk fully branched to the
ground, having foliage on the outermost
portion of the branches year-round.
2) Such trees shall be six ( 6) feet in height
at planting.
(3) Shrubs.
a. Deciduous or evergreen plant material, which
at maturity is fifteen (15) feet in height or
less. Such materials may be used for the
formation of hedges. Such materials shall meet
the following minimum standards at time of
planting:
1) Dwarf deciduous shrubs shall be eighteen
(18) inches tall.
2) Deciduous shrubs shall be twenty-four (24)
inches tall, except as in Section D below.
3) Evergreen shrubs shall be of the eighteen
(18) inch classification.
(4) Vines.
Vines shall be at least twelve (12) inches high at
planting, and are generally used in conjunction 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.
1.46
(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) ornamental trees can be substituted for
every one (i) over-story deciduous shade tree.
In no case shall ornamental 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 continuous mass of
minimum of three (3)
time of planting; or
plant materials;
feet in height at
2) A continuous earth berm with slopes no
greater than 3:1 and a minimwa of three
(3) feet in height; or
3) A combination of earth benas and plant
materials such that a minimum of three ( 3)
feet of continuous screening is achieved.
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 addition 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
1.47
each fifteen (15) surface parking spaces provided
or a fraction thereof.
3. 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 slats 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-round
opaqueness of eighty (80) percent at the time
of maturity. The plant material shall be of
sufficient height to achieve the required
screening. Planting screens shall be
maintained in a neat and healthful condition.
Dead vegetation shall be promptly replaced.
c. If the existing topography, natural growth of
vegetation, permanent buildings or other
barriers meet the standards for screening as
approved by the City, they may be substituted
for all or part of the screening fence or
planting screen.
(2) All loading docks must be located in the rear or
side yards and be screened with a six (6) foot high
minimum solid screening fence if visible from a
public right-of-way or if within thirty (30) feet
of a residential districts.
(3) All external loading and service areas accessory to
buildings shall be completely screened from the
ground level view from contiguous residential
properties and adjacent streets, except at access
points.
H. Credit for Large Trees
1 r��
The total number of required over-story trees may be
reduced by one-half (1/2) tree for each new deciduous
tree measuring three (3) inches or more in diameter, or
each new coniferous tree measuring eight (8) feet or more
in height. In no event, however, shall the reduction be
greater than twenty-five (25) percent of the total number
of trees required.
I. Credit for Existing Trees
The total number of required new over-story trees may be
reduced by the retention of existing over-story trees
provided that the following conditions are satisfied:
(1) Such trees are four ( 4) inches or greater in cal iper
measured six (6) inches from soil level.
(2) For each existing tree meeting the requirement, two
trees as required in section D above may be deleted.
(3) Proper precautions to protect trees during
development shall be indicated on grading plans
submitted for plan review. Such precautions are
outlined in section J. These precautions shall be
included in the landscape surety.
J. Irrigation.
Underground irrigation shall be required to maintain all
landscaped, boulevard, front and side yard areas.
K. Installation.
(1) The following standards shall be met when installing
the required landscaping:
a. Plant materials shall be located to provide
reasonable access to all utilities.
b. All required screening or buffering sha11 be
located on the lot occupied by the use,
building, facility or structures to be
screened. No screening or buffering shall be
located on any public right-of-way.
c. Sodded areas on slopes shall be staked.
d. Seeded areas shall be mulched with straw to
prevent erosion. Hydro mulching is acceptable.
e. Oak trees shall be surrounded by snow fence or
other means at their drip line to prevent
compaction of their root systems.
1.49
f. Plantings shall not be placed so as to obstruct
lines of sight at street corners and driveways.
g. No plant materials reaching a mature height of
twenty (20) feet or more shall be planted
within a twenty-five (25) foot lineal path of
the centerline of an overhead power line.
(2) The applic.ant shall install all landscape materials
within one year; but shall have three (3) years
within which to install the required landscaping if
the following minimum standards are met:
a. First year
1) Al1 grading is completed, including
installation of berms.
2) The required irrigation system is
installed.
3) Areas to be seeded and/or sodded are
installed.
4) Screening for adjacent residential areas
is installed, if required.
5) Twenty-five (25) percent of the required
over-story trees are installed.
6) Twenty-five (25) percent of the perimeter
landscaping is installed.
b. Second year
1) The remainder of the perimeter landscapinq
is installed.
2) Interior landscaping is installed.
3) Fifty (50) percent of the remaining
required over-story trees are installed.
c. Third year
Any remaining landscaping shall be installed.
L. Maintenance.
(1) The property owner shall be responsible for
replacement of any dead trees, shrubs, ground
covers, and sodding. If any plant materials are not
maintained or replaced, the property owner shall
have, upon written notification from the City, one
7.
1.50
(2)
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.
Screen fences and walls which are in disrepair shall
be repaired.
(3) All vacant lots,
properly maintained
litter and junk.
Performance Standards
D. Screening
tracts, or parcels shall be
in an orderly manner free of
(1) Screening of off-street parking shall be required
for:
(2) Where any commercial district is adjacent to a
public right-of-way or across from any residential
district, the following requirements must be met:
(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 adj oining property by a fence or other
approved screen which extends two (2) feet above the
highest item to be stored with the height of the fence
not to exceed eight (8) feet.
(5) Motor vehicles necessary to the operation of the
principal use may be stored without screening only within
the permitted rear yard area, if they are not readily
visible from a public right-of-way.
(6) All roof equipment, except alternate energy devices,
must be screened from public view unless the equipment
is designed as an integral part of the building and is
compatible with the lines of the building, as determined
by the City.
F. Maintenance.
1.51
G. Essential Services.
205.:.7 M-1 Light Industrial District Regulations
5.
�
Parking Requirements
D. Design Requirements
(8) Parking lots with more than four (4) parking stalls
shall be striped.
(9) Sufficient concrete areas may be required for
motorcycle parking in addition 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 fire
lanes.
(11) Safety signs, markings and traffic control devices
may be required, to promote vehicular and pedestrian
safety.
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 section.
(2) Existing developments shall comply with the
requirements of this section if one or more of the
following applies:
a. At the time of a building expansion or
alteration which dictates the necessity for
additional parking or hardsurface areas in
excess of four (4) stalls.
b. Building alterations which dictate a change in
use such that the parking area must be expanded
in excess of four (4) stalls.
c.
d.
Construction of additional loading.docks.
Construction of new parking areas in excess of
four (4) stalls.
1.52
(3j If full compliance cannot be achieved due to site
constraints, partial compliance as determined by the
City shall be enforced.
(4) The requirements of this section shall not be
required for building alterations which do not
affect the exterior portions of the site.
B. Bonding Requirement
The City shall retain a performance bond, cash or letter
of credit, as required in Section 205.05.06.A.(3) of the
zoning code for one growing season after the installation
of landscape materials is completed.
C. Plan Submission and Approval.
(1) A landscape plan shall be submitted to and approved
by the City prior to issuance of a building permit
or prior to approval of outside improvements not
related to building improvements. A plan shall not
be required for routine replacement of existing
materials or the installation of new materials when
not associated with a building project.
(2) The following items shall appear on the landscape
plan:
a. General
1) Name and address oi owner/developer
2) Name and address of architect/designer
3) Date of plan preparation
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 indication
b. Landscape Data
1) Planting schedule (table) containing:
a) Symbols
b) Quantities
c) Common names
1.53
2)
3)
d)
e)
Botanical names
Sizes of plant material at time of
planting
f) Root specification (B.R., B& B,
potted, etc.)
g) Special planting instructions
Existing tree and shrubbery, locations,
common names and approximate size
Planting detail (show all species to scale
at normal mature crown diameter, or spread
for local hardiness zone)
4) Typical sections in detail of fences, tie
walls, planter boxes, tot lots, picnic
areas, berms, and other similar features.
5)
6)
Typical sections of landscape islands and
planter beds with identification of
materials used.
Details of planting beds and foundation
plantings.
7) Note indicating how disturbed soil areas
will be restored through the use of
sodding, seeding, or other techniques.
8) Delineation of both sodded and seeded
areas with total areas provided in square
feet, and slope information.
9)
10)
Coverage plan for underground irrigation
system, if any.
Statement or symbols, to describe exterior
lighting plan concept.
c. Special Conditions:
Where landscape or man-made materials are used
to provide required screening from adj acent and
neighboring properties, a cross-section shall
be provided through the site and adjacent
properties to show property elevation, existing
buildings and screening in scale.
D. Landscaping Materials; Definitions.
All plant materials shall be living plants. Artificial
1.54
plants are prohibited.
(ij 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
contr.ol during plant establishment period.
Exception to this is undisturbed areas
containing natural vegetation which can be
maintained free of foreign and noxious
materials.
b. Accepted ground covers are sod, seed, or other
organic material. The use of rock and bark
mulch shall be limited to areas around other
vegetation (i.e. shrubs) and shall be contained
by edging.
(2) Trees.
a. Over-story Deciduous.
1) A woody plant, which at maturity is thirty
(30) feet or more in height, with a single
trunk un-branched for several feet above
the ground, having a defined crown which
looses leaves annually.
2) Such trees shal l have a 2 1 j 2 inch cal iper
minimum at planting.
b. Ornamental.
1) A woody plant, which at maturity is less
than thirty (30) feet in height, with a
single trunk un-branched for several feet
above the ground, having a defined crown
which looses leaves annually.
2) Such trees shall have a 1 1/2 inch caliper
minimum at planting.
c. Coniferous.
1) A woody plant, which a maturity is at
least thirty (30) feet or more in height,
with a single trunk fully branched to the
ground, having foliage on the outermost
portion of the branches year-round.
2) Such trees shal l be s ix { 6) f eet in he ight
at planting.
1.55
(3) Shrubs.
a. Deciduous or evergreen plant material, which
at maturity is fifteen (15) feet in height or
less. Such materials may be used for the
formation of hedges. Such materials shall meet
the following minimum standards at time of
planting:
1) Dwarf deciduous shrubs shall be eighteen
(18) inches tall.
2) Deciduous shrubs shall be twenty-four ( 24 )
inches tall, except as in Section D below.
3) Evergreen shrubs shall be of the eighteen
(18) inch classification.
(4) Vines.
Vines shall be at least twelve (12) inches high at
planting, and are generally used in conjunction 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) ornamental trees can be substituted for
every one (1) over-story deciduous shade tree.
In no case shall ornamental trees exceed fifty
(50) percent of the required number of trees.
c. Parking and driving areas between the building
F.
G.
1.56
and frontage street shall be screened in the
following manner:
1) A continuous mass of
minimum of three (3)
time of planting; or
plant materials;
feet in height at
2) A continuous earth berm with slopes no
.greater than 3:1 and a minimum of three
(3) feet in height; or
3) A combination of earth berms and plant
materials such that a minimum of three ( 3)
feet of continuous screening is achieved.
Interior Parking Lot Landscaping Standards
(1) All parking areas containing over one hundred (100)
stalls shall include unpaved, landscaped islands
that are reasonably distributed throughout the
parking area to break up the expanses of paved
areas. Landscaped islands shall be provided every
two hundred fifty (250) feet or more of
uninterrupted parking stalls.
(2} Al1 landscaped islands shall contain a minimum of
one hundred eighty (180) square feet with a minimum
width of five (5) feet and shall be provided with
deciduous shade trees, or ornamental, or evergreen
trees, plus ground cover, mulch, and/or shrubbery,
in addition to the minimum landscape requirements
of this ordinance. 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 fraction thereof.
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)
1.57
feet high. Chain link fences shall have non-
wooden slats 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-round
opaqueness of eighty (80) percent at the time
of maturity. The plant material shall be of
sufficient height to achieve the required
screening. Planting screens shall be
maintained in a neat and healthful condition.
Dead vegetation shall be promptly replaced.
c. If the existing topography, natural growth of
vegetation, permanent buildings or other
barriers meet the standards for screening as
approved by the City, they may be substituted
for all or part of the screening fence or
planting screen.
(2) All loading docks must be located in the rear or
side yards and be screened with a six (6) foot high
minimum solid screening fence if visible from a
public right-of-way or if within thirty (30) feet
of a residential districts.
(3) All external loading and service areas accessory to
buildings shall be completely screened from the
ground level view from contiguous residential
properties and adjacent streets, except at access
points.
i. Credit for Large Trees
The total number of required over-story trees may be
reduced by one-half (1/2) tree for each new deciduous
tree measuring three (3) inches or more in diameter, or
each new coniferous tree measuring eight (8) feet or more
in height. In no event, however, shall the reduction be
greater than twenty-five (25) percent of the total number
of trees required.
[. Credit for Existing Trees
The total number of required new over-story trees may be
reduced by the retention of existing over-story trees
provided that the following conditions are satisfied:
(1) Such trees are four ( 4) inches or greater in cal iper
measured six (6� inches from soil level.
(2) For each existing tree meeting the requirement, two
1.58
trees as required in section D above may be deleted.
(3) Proper precautions to protect trees during
development shall be indicated on grading plans
submitted for plan review. Such precautions are
outlined in section J. These precautions shall be
included in the landscape surety.
J. Irrigation.
Underground irrigation shall be required to maintain all
landscaped, boulevard, front and side yard areas.
K. Installation.
(1) The following standards shall be met when installing
the required landscaping:
a. Plant materials shall be located to provide
reasonable access to all utilities.
b. All required screening or buffering shall be
located on the lot occupied by the use,
building, facility or structures to be
screened. No screening or buffering shall be
located on any public right-of-way.
c. Sodded areas on slopes shall be staked.
d. Seeded areas shall be mulched with straw to
prevent erosion. Iiydro mulching is acceptable.
e. Oak trees shall be surrounded by snow fence or
other means at their drip line to prevent
compaction of their root systems.
f. Plantings shall not be placed so as to obstruct
lines of sight at street corners and driveways.
g. No plant materials reaching a mature height of
twenty (20) feet or more shall be planted
within a twenty-five (25) foot lineal path of
the centerline of an overhead power line.
(2) The applicant shall install all landscape materials
within one year; but shall have three (3) years
within which to install the required landscaping if
the following minimum standards are met:
a. First year
1) All grading is completed, including
installation of berms.
1.59
2) The required irrigation system is
installed.
3) Areas to be seeded and/or sodded are
installed.
4) Screening for adjacent residential areas
is installed, if required.
5) Twenty-five (25) percent of the required
over-story trees are installed.
6) Twenty-five (25) percent of the perimeter
landscaping is installed.
b. Second year
1) The remainder of the perimeter landscaping
is installed.
2) Interior landscaping is installed.
3) Fifty (50) percent of the remaining
required over-story trees are installed.
c. Third year
Any remaining landscaping shall be installed.
L. Maintenance.
(1) The property owner shall be responsible for
replacement of any dead trees, shrubs, ground
covers, and sodding. If any plant materials are not
maintained or replaced, the property owner shall
have, upon written notification from the City, one
growing season to replace said materials before the
City shall maintain or replace said plant materials
and assess the property for the costs thereof.
Plant materials need not be replaced specie for
specie; however, in no case shall the number of
plant materials be reduced from the minimum that is
required by this section when replacing dead plant
materials.
( 2) Screen fences and walls which are in disrepair shall
be repaired.
(3) All vacant lots, tracts, or parcels shall be
properly maintained in an orderly manner free of
litter and junk.
7. ?erformance Standards
1.60
D. Screening
(1) Screening of off-street parking shall be required
for:
(2) Where any commercial district is adjacent to a
public right-of-way or across from any residential
district, the following requirements must be met:
(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 adj oining property by a fence or other
approved screen which extends two (2) feet above the
highest item to be stored with the height of the fence
not to exceed eight (8) feet.
(5) Motor vehicles necessary to the operation of the
principal use may be stored without screening only within
the permitted rear yard area, if they are not readily
visible from a public right-of-way.
(6) All roof equipment, except alternate energy devices,
must be screened from public view unless the equipment
is designed as an integral part of the building and is
compatible with the lines of the building, as determined
by the City.
F. Maintenance.
G. Essential Services.
205.:8 M-1 Heavy Industrial District Regulations
5. Parking Requirements
D. Design Requirements
(8j Parking lots with more than four (4) parking stalls
shall be striped.
(9) Sufficient concrete areas may be required for
motorcycle parking in addition 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
1.61
will not disrupt pedestrian or vehicular traffic or fire
lanes.
(11) Safety signs, markings and traffic control devices
may be required, to promote vehicular and pedestrian
safety.
6. 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) Al1 new developments requiring a building permit
shall comply with the requirements of this section.
(2) Existing developments shall comply with the
requirements of this section if one or more of the
following applies:
a. At the time of a building expansion or
alteration which dictates the necessity for
additional parking or hardsurface areas in
excess of four (4) stalls.
b. Building alterations which dictate a change in
use such that the parking area must be expanded
in excess of four (4) stalls.
c. Construction of additional loading docks.
d. Construction af 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.
(4j The requirements of this section shall not be
required for building alterations which do not
affect the exterior portions of the site.
B. Bonding Requirement
The City shall retain a performance bond, cash or letter
of credit, as required in Section 205.05.06.A.(3) of the
zoning code for one growing season after the installation
of landscape materials is completed.
�. Plan Submission and Approval.
(1) A landscape plan shall be submitted to and approved
(2)
. ,
. �
by the City prior to issuance of a building permit
or prior to approval of outside improvements not
related to building improvements. A plan shall not
be required for routine replacement of existing
materials or the installation of new materials when
not associated with a building project.
The following items shall appear on the landscape
plan:
a. General
1)
2)
3)
4)
5)
6)
7)
Name and address of owner/developer
Name and address of architect/designer
Date of plan preparation
Dates and description of all revisions
Name of project or development
Scale of plan (engineering scale only) at
no smaller than 1 inch equals 50 feet
North point indication
b. Landscape Data
1) Planting schedule (table) containing:
2)
a) Symbols
b) Quantities
c) Common names
d) Botanical names
e) Sizes of plant material at time of
planting
f) Root specification (B.R., B& B,
potted, etc.)
g) Special planting instructions
Existing tree and shrubbery, locations,
common names and approximate size
3) Planting detail (show all species to scale
at normal mature crown diameter, or spread
for local hardiness zone)
4j Typical sections in detail of fences, tie
1.63
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 foundation
plantings.
7) Note indicating how disturbed soil areas
will be restored through the use of
sodding, seeding, or other techniques.
8) Delineation of both sodded and seeded
areas with total areas provided in square
feet, and slope information.
9) Coveraqe plan for underground irrigation
system, if any.
10) Statement or symbols, to describe exterior
lighting plan concept.
c. Special Conditions:
Where landscape or man-made materials are used
to provide required screening from adjacent and
neighboring properties, a cross-section shall
be provided through the site and adjacent
properties to show property elevation, existing
buildings and screening in scale.
D. Landscaping Materials; Definitions.
All plant materials shall be living plants. Artificial
plants are prohibited.
(1) Grass and ground cover.
a. Ground cover shall be planted in such a manner
as to present a finished appearance and
reasonably complete coverage within twelve (12)
months after planting, with proper erosion
control during plant establishment period.
Exception to this is undisturbed areas
containing natural vegetation which can be
maintained free of foreign and noxious
materials.
b. Accepted ground covers are sod, seed, or other
organic material. The use of rock and bark
mulch shall be limited to areas around other
vegetation (i.e. shrubs) and shall be contained
1.64
by edging.
(2) Trees.
a. Over-story Deciduous.
1) A woody plant, which at maturity is thirty
(30) feet or more in height, with a single
trunk un-branched for several feet above
�the ground, having a defined crown which
looses leaves annually.
2) Such trees shall have a 2 1/2 inch cal iper
minimum at planting.
b. Ornamental.
i) A woody plant, which at maturity is less
than thirty (30) feet in height, with a
single trunk un-branched for several feet
above the ground, having a defined crown
which looses leaves annually.
2) Such trees shall have a 1 1/2 inch caliper
minimum at planting.
c. Coniferous.
1) A woody plant, which a maturity is at
least thirty (30) feet or more in height,
with a single trunk fully branched to the
ground, having foliage on the outermost
portion of the branches year-round.
2) Such trees shall be six (6) feet in height
at planting.
(3) Shrubs.
a. Deciduous or everqreen plant material, which
at maturity is fifteen (15) feet in height or
less. Such materials may be used for the
formation of hedges. Such materials shall meet
the following minimum standards at time of
planting:
1) Dwarf deciduous shrubs shall be eighteen
(18) inches tall.
2) Deciduous shrubs shall be twenty-four (24)
inches tall, except as in Section D below.
3) Evergreen shrubs shall be of the eighteen
(18) inch classification.
1.65
(4) Vines.
Vines shall be at least twelve (12) inches high at
planting, and are generally used in conjunction 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) ornamental trees can be substituted for
every one (1) over-story deciduous shade tree.
In no case shall ornamental 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 continuous mass of plant materials;
minimum of three (3) feet in height at
time of planting; or
2) A continuous earth berm with slopes no
greater than 3:1 and a minimum of three
(3) feet in height; or
3) A combination of earth berms and plant
materials such that a minimum of three ( 3)
feet of continuous screening is achieved.
F. Interior Parking Lot Landscaping Standards
(1) All parking areas con�aining over one hundred (100)
1.66
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 qround cover, mulch, and/or shrubbery,
in addition 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 fraction 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 slats 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-round
opaqueness of eighty (80) percent at the time
of maturity. The plant material shall be of
sufficient height to achieve the required
screening. Planting screens shall be
maintained in a neat and healthful condition.
Dead vegetation shall be promptly replaced.
c. If the existing topography, natural growth of
vegetation, permanent buildings or other
barriers meet the standards for screening as
H.
I.
7.
K.
1.67
approved by the City, they may be substituted
for all or part of the screening fence or
planting screen.
(2) All loading docks must be located in the rear or
side yards and be screened with a six (6) foot high
minimum solid screening fence if visible from a
public right-of-way or if within thirty (30) feet
of a residential districts.
(3) All external loadinq and service areas accessory to
buildings shall be completely screened from the
ground level view from contiguous residential
properties and adjacent streets, except at access
points.
Credit for Large Trees
The total number of required over-story trees may be
reduced by one-half (1/2) tree for each new deciduous
tree measuring three (3) inches or more in diameter, or
each new coniferous tree measuring eight (8) feet or more
in height. In no event, however, shall the reduction be
greater than twenty-five (25) percent of the total number
of trees required.
Credit for Existing Trees
The total number of required new over-story trees may be
reduced by the retention of existing over-story trees
provided that the following conditions are satisfied:
(1)
(2)
Such trees are four (4) inches or greater in caliper
measured six (6) inches from soil level.
For each existing tree meeting the requirement, two
trees as required in section D above may be deleted.
(3) Proper precautions to protect trees during
development shall be indicated on grading plans
submitted for plan review. Such precautions are
outlined in section J. These precautions shall be
included in the landscape surety.
Irrigation.
Underground irrigation shall be required to maintain all
landscaped, boulevard, front and side yard areas.
Installation.
(1) The following standards shall be met when installing
the required landscaping:
1.68
a. Plant materials shall be located to provide
reasonable access to all utilities.
b. All required screening or buffering shall be
located on the lot occupied by the use,
building, facility or structures to be
screened. No screening or buffering shall be
located on any public right-of-way.
c. Sodded areas on slopes shall be staked.
d. Seeded areas shall be mulched with straw to
prevent erosion. Hydro mulching is acceptable.
e. Oak trees shall be surrounded by snow fence or
other means at their drip line to prevent
compaction of their root systems.
f. Plantings shall not be placed so as to obstruct
lines of sight at street corners and driveways.
g. No plant materials reaching a mature height of
twenty (20) feet or more shall be planted
within a twenty-five (25) foot lineal path of
the centerline of an overhead power line.
(2) The applicant shall install all landscape materials
within one year; but shall have three (3) years
within which to install the required landscaping if
the following minimum standards are met:
a. First year
1) All grading is completed, including
installation of berms.
2) The required irrigation system is
installed.
3) Areas to be seeded and/or sodded are
installed.
4) Screening for adjacent residential areas
is installed, if required.
5) Twenty-five (25) percent of the required
over-story trees are installed.
6j Twenty-five (25) percent of the perimeter
landscaping is installed.
b. Second year
1) The remainder of the perimeter landscaping
7.
2)
3)
1.69
is installed.
Interior landscaping is installed.
Fifty (50) percent of the remaining
required over-story trees are installed.
c. Third year
Any remaining landscaping shall be installed.
L. Maintenance.
(1) The property owner shall be responsible for
replacement of any dead trees, shrubs, ground
covers, and sodding. If any plant materials are not
maintained or replaced, the property owner shall
have, upon written notification from the City, one
growing season to replace said materials before the
City shall maintain or replace said plant materials
and assess the property for the costs thereof.
Plant materials need not be replaced specie for
specie; however, in no case shall the number of
plant materials be reduced from the minimum that is
required by this section when replacing dead plant
materials.
( 2) Screen fences and walls which are in disrepair shall
be repaired.
(3) All vacant lots,
properly maintained
litter and junk.
Performance 5tandards
D. Screening
tracts, or parcels shall be
in an orderly manner free of
(1) Screening of off-street parking shall be required
for:
(2) Where any commercial district is adjacent to a
public right-of-way or across from any residential
district, the following requirements must be met:
(3) All trash or garbage storage receptacles must be
located in the rear or side yard and be totally screened
from view from any publia 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 by a fence or other
approved screen which extends two (2) feet above the
highest item to be stored with the height of the fence
not to exceed eight (8) feet.
(5) Motor vehicles necessary to the operation of the
principal use may be stored without screening only within
the permitted rear yard area, if they are not readily
visible from a public right-of-way.
(6) All roof equipment, except alternate energy devices,
must be screened from public view unless the equipment
is designed as an integral part of the building and is
compatible with the lines of the building, as determined
by the City.
F. Maintenance.
G. Essential Services.
PASSFD AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TIiIS
DAY OF , 1990.
WILLIAM J. NEE - MA.YOR
ATTE� r :
SHIRIEY A. HAAPALA - CITY CLERK
Publi� Hearing:
First Reading:
Secon3 Reading:
Publi �h:
1.70
t
�
unroF
F��
DATE:
TO:
FROM:
SIIBJEC":
C011ilMUNITY DEVELOPMENT
DEPARTMEI�T
MEMORANDUM
November 30,, 1990
William Burns, City Manager ��
Jock Robertson, Community Development Director
Darrel Clark, Chief Building Official
Amendments to Chapter 206 (Building Code)
Please find attached a proposed ordinance which updates/amends
portio:is of Chapter 206, "Building Code"'. Advance copies were
distri]>uted to you on November 9, 1990. The first reading was
approv� :d by the City Council on November 19, 1990. No changes have
been m�de to that draft. It will, when approved, adopt all the
latest mandatory State and Model Codes as well as an updated fee
schedu:.e. This Code section is routinely amended every three years
to cor:�espond to the three year amendment cycle for the State and
Nation� �1 Codes.
The fee schedule for building permits will remain the same.
Howeve: �, the fees are based on estimated construction costs and
constri �ction costs which increase each year. Therefore, the actual
fees a�llected do increase proportionately,.
The pl�imbing fee schedule has been increased and will be equal to
the feE.s collected in Blaine. The plumbing fees fcr other suburbs
in thi:; area are slightly higher.
The on.y new fee is the one we will collect for installation of
mobile homes in mobile home parks. The $30.00 fee will cover our
inspecl.ion of the blocking system, tie-downs, and utility hook-ups.
The el:ctrical connections will continue to require a separate
permit and inspection. Mobile home park owners will be notified
of thi:� amendment upon Council approval of the second reading.
JR/DC : : s
AttacYu �ent :
M-90-8� 4
Chapter 206 Proposed Ordinance
�
ox�s�ca xo._
]1�i ORDI�TANCE RECODIFYI�t3 T88 1rRIDLEY CITY CODB,
CHlIpTSit 206 8�1'PITLED ��BQILDI�TG CODB�', BY 11i�ENDIIia
SBCTIO'18 206.O1.OZ, 206.01.03, 206.01.04, Z06.01.05,
206.03.02 �1�iD 206.OS
The �ity Council of the City of Fridley does hereby ordain as
foll� >ws :
Z06.�11. BIIILDIMG CODE
1. The Minnesota State Buildinq Code, established pursuant to
Minn�:sota Statutes 16B.59 throuqh 16B.73, one copy of which is on
file in the office of the City Clerk of Fridley, Minnesota, is
here: �y adopted by reference as the Building Code of the City of
Frid.ey and incorporated in this Chapter as completely as if set
out :iere in full. (Ref. 901)
2. The followinq chapters of the Code are adopted by the city:
A. Chapter 1300 - Code Administration
8. Chapter 1301 - Certification and Continuing Education of
Buildinq Officials
C. Chapter 1302 - Building Construction and State Agency
Construction Rules
D. Chapter 1305 - Adoption of the 1988 Uniform Buildinq Code
by reference. The 1987 ANSI A 17.1 Code for Elevators, and
Related Devices is an amendment to Chapter 51 of the UBC and
no longer found in SBC Rule 1320.
(1) Required Provisions -UBC Appendix Chapter 35 Sound
Transmission Control.
E. Chapter 1315 - Electrical Code
F. Chapter 1325 - Solar Energy systems
G. Chapter 1330 - Technical Requirements for fallout
Shelters
Ii. Chapter 1335 - Floodproofing Regulations
I. Chapter 1340 - Facilities for�the Handicapped
J. Chapter 1346 - Minnesota Uniform Mechanical code 1990
Edition
K. Chapter 1350 - Manufactured Home Rules
L. Chapter 1355 - Plumbinq Code -Administrative rule 4715
2A
M.
N.
Chapter 1360 - Prefabricated Structures
Chapter 1365 - Variation of Snow Loads
O. Chapter 1370 -Model Energy Code - Administrative Rule
7670
3. Administration Optional Appendices.
The following chapters of the code are adopted without change
by t he City:
A. Chapter 1305.0150 Subpart 2.
UBC Appendix Chapters 1, 12, Division 1, 25, 38, 55, and
70
B. Chapter 1335 - Floodproofinq Requlations, Parts 1335.0200
to 1335.3100, and FPR Sections 200.2 to 1405.3
4. Orqanization and Enforcement.
A. The organization of the Buildinq Division and enforcement
of the code shall be as established by Chapter 2 of the
Uniform Building Code 1988 Edition. The Code shall be
enforced within the incorporated limits of the city and
extraterritorial limits permitted by Minnesota Statutes, 1984.
B. The Building Inspection Division shall be the Building
Code Department of the City of Fridley. The Administrative
authority shall be a State Certified Building Official.
C. The City Manager shall be the Appointing Authority and
desiqnate the Buildinq Official for the jurisdiction of
Fridley.
206 02. CONP'LICTB
In �:he event of any conflict between the provisions of this Code
ado� ►ted by the provisions of this Chapter and applicable provisions
of ;�tate law, rules or requlations, the latter shall prevail.
206 03. PSRMIT FEBB
l. The issuance of permits, conduction of inspections and
col:.ection of fees shall be as provided for in Chapter 3 of the
198; � Uniform Buildinq Code. Section 304, paragraph (c) , is amended
to :�ead "...except on occupancy qroups R-3 and M-1". (Ref. 901)
2B
2C
2, rhe fee schedules shall be as follows:
�. Pian RsviaM Foes.
(1) When a plan or other data are submitted for review,
a plan review fee shall be paid at the time of submittinq
plans and specifications for review.
( 2) Where plans are incorporated or chanqed so as to
require additional plan review an additional plan review
fee shall be charqed.
(3) Applications for which no permit is issued within
180 days followinq the date of application shall expire
by limitation and plans and other data submitted for
review may thereafter be returned or destroyed. the
building official may extend the time for action by the
applicant once for a period not exceedinq 180 days upon
request by the applicant.
(4) The plan review fee shall be 65 percent (65�) of the
buildinq permit fee and shall be credited to the buildinq
permit plan check fee if a permit is obtained within 180
days following the completion date of plan review. (Ref.
901) .
H. Huildfnq Permit Fess. (Ret. 9oi)
TOTAI. Vl�LIIATZON
$ 1.00 to $ 500.00
....................$15.00
FEE
$ 501.00 to $2,000.00 ....................$15.00 for the first
$500.00 plus $2.00 for each additional
$100.00 or fraction thereof, to and
includinq $2,000.00
$ 2,001.00 to $25,000.00 ...................$45.00 for the first
$2,000.00 plus $9.00 for each additional
$1,000.00 or fraction thereof, to and
including $25,000.00
$25, 001. 00 to $50, 000. �$25 � 000. 00 •�•plus .$2$6. 50 f� for e f each
additional $1,000.00 or fraction
thereof, to and includinq $50,000.00
$50, 001. 00 to $100, 000. $50 � 000. 00 •••plus •$4$4 . 50 f�for e f each
additional $1,000.00 or fraction
thereof, to and including $100,000.00
�
$100, 001.00 to $500, 000.00 . . . . . . . . . . . . . . . . 5639. 50 for the first
$100,000.00 plus $3.50 for each
additional $1,000.00 or fraction
thereof, to and includinq $500,000.00
$500,001.00 to $1,000,000.00 .............$2039.50 for the first
$500,000.00 plus $3.00 for each
additional $1,000.00 or fraction
thereof, to and includinq $1,000,000.00
$1,000,001.00 and up ....................$3,539.50 for the first
$1,000,000.00 plus $2.00 for each
additional $1,000.00 or fraction thereof
other Znspections aad Fees:
Inspections outside of normal business hours....$30.00 per
hour* (minimum charge - two hours)
Reinspection fees assessed under provisions of UBC Section
305(9) ..................................... $30.00 per hour*
Inspections for which no fee is specifically
indicated .................................. $30.00 per hour*
(minimum charge - one-half hour)
Additional plan review required by changes, additions or
revisions to approved plans ..............:. $30.00 per hour*
(minimum charqe - one-half hour)
Residential Mobile Home Installation........$30.00
*Or the total hourly cost to the jurisdiction, whichever is
the greatest. This cost shall include supervision, overhead,
equipment, hourly wages and frinqe benefits of the employees
involved.
C. Plumbinq Permit Fees. (Ret. 901)
FES
Minimum Fee ..................................$ 15.00
Each Fixture .................................$ 7.00
Old Opening, New Fixture .....................$ 4.00
Beer Dispenser ...............................$ 5.00
Blow Off Basin ...............................$ 7.00
Catch Basin .... .............................$ 7.00
Rain Water Leader ............................$ 7.00
Sump or Receiving Tank .......................$ 7.00
Water Treatinq Appliance .....................$ 10.00
Water Heater-Electric ........................$ 7.00
Water Heater-Gas . . . . . . . . . . . . . . .$ 10.00
OTHER........................................1$ of value of
fixture or appliance
2E
othor =nspectfon� aad a���:
Inspections outside of normal business hours....$30.00 per
hour* (minimum charge - two hours)
Reinspection fees assessed under provisions of UBC Section
305(9i ..................................... $30.00 per hour*
Inspections for . which no fee is specifically
indicated .................................. $30.00 per hour*
(minimum charge - one-half hour)
Additional plan review required by changes, additions or
revisions to approved plans ................ $30.00 per hour*
(minimum charge - one-half hour)
*Or the total hourly cost to the jurisdiction, whichever is
the greatest. This cost shall include supervision, overhead,
equipment, hourly waqes and fringe benefits of the employees
involved.
D. Mechanical P�rmit F�es. (R�f. 901)
FBS
(1) Residential
Minimum Fee ..............................$ 15.00
Furnace ..................................$ 20.00
Gas Ranqe ................................$ 10.00
Gas Dryer ................................$ 10.00
Gas Piping ...............................$ 10.00
Air Conditioninq .........................$ 10.00
OTHER....................................1� of value
of appliance
(2) Commercial
Minimum Fee ..............................$ 15.00
AllWork ................................1$ of value
of appliance
other Znapections and F�.s:
Inspections outside of normal business hours....$30.00 per
hour* (minimum charge - two hours}
Reinspection fees assessed under provisions of UBC Section
305(9) . ................................... $30.00 per hour*
Inspections for which no fee is specifically
indicated .............. ................... $30.00 per hour*
(minimum charqe - one-half hour)
Additional plan review required by chanqes, additions or
revisions to approved plans ................ $30.00 per hour*
(minimum charge - one-half hour}
2F
*Or the total hourly cost to the jurisdiction, whichever
is the greatest. This cost shall include supervision,
overhead, equipment, hourly waqes and frinqe benefits of
the employees involved.
E. Blectrical Perinit Fees.
(1) Payment of Fees�
All electrical inspection fees are due and payable to the City
of Fridley at or before commencement of the installation and
shall be forwarded with the request for inspection.
(2) Fee Schedule
Fees shall be paid accordinq to the followinq schedule:
(a) Minimum fee for each separate inspection of an
installation, replacement, alteration or repair limited
to one (1) inspection only....$15.00. Minimum fee for
installations requiring two inspections shall be....$30.00.
(Ref. 901)
(b) Services, changes of services, temporary services,
additions, alterations or repairs on either primary or
secondary services shall be computed separately.
0 to and including 200 ampere capacity....S15.00.
For each additional 100 ampere capacity or fraction
thereof ...................................$ 5.00.
(c) Circuits, installations, additions, alterations or
repairs of each circuit or subfeeder shall be computed
separately including circuits fed from subfeeders and
including the equipment served, except as provided for in
(a) through (i).
0 to and includinq 100 ampere capacity...$ 5.00.
For each additional 100 ampere capacity or fraction
thereof ..................................$ 3.00.
((1)) Maximum fee on a single family dwelling shall
not exceed $60.00 if not over 200 ampere capacity.
This includes service, feeders, circuits, fixtures and
equipment. This maximum fee includes not more than
four (4) inspections. (Ref. 90�)
((2)) Maximum fee on an apartment buildinq shall not
exceed $30.00 per dwelling unit for the first 20 units
and $25.00 per dwelling unit for the balance of units.
The fee for the service and feeders in an apartment
buildinq shall be in accordance with 2b and 2c of the
schedule, and shall be•added to the fee for circuits
2G
in individual apartments. The maximum fee for an
apartment applies only to the circuits in the
apartment. A two-family unit (duplex) maximum fee per
unit as per sinqle family dwellinq. (Ref. 901)
((3)) The maximum number of 0 to 100 ampere circuits
to be paid on any one athletic field liqhting standard
is ten (10�. (Ref. 901)
((4)) The fee for mobile homes shall be in accordance
with 2b and 2c of the fee schedule. (Ref. 901)
((5)) In addition to the above fees:
((a)) A charge of $1.00 will be made for each
liqhtinq standard.
((b)) A charge of $2.00 will be made for each
traffic siqnal standard. Circuits originating
within the standard will not be used when
computinq the fee.
((6) ) In addition to the above fees, all transformers
and generators for light, heat and power shall be
computed separately at $5.00 per unit plus $3.00 per
10-Kilovolt amperes or fraction thereof. The maximum
fee for any transformer or generator in this category
is $40.00. (Ref. 901)
((7)) In addition to the above fees, all transformers
for siqns and outline lighting shall be computed at
$5.00 per unit . (Ref. 901)
((8)) In addition to the above fees (unless included
in the maximum fee filed by the initial installer)
remote control, signal circuits and circuits of less
than 50 volts shall be computed at $5.00 per each ten
(10) openinqs or devices of each system plus 52.00
for each additional ten (10) or fraction thereof.
(d) For the review of plans and specifications of proposed
installations, there shall be a minimum fee of $100.00, up
to and includinq $30,000 of electrical estimate, plus 1/10
of 1� of any amount in excess of $30,000 to be paid by
persons or firms requesting the review.
(e) When reinspection is necessary to determine whether
unsafe conditions have been corrected and such conditions
are not subject to an appeal pending before the Board or
any court, a reinspection fee of $15.00, may be assessed
in writing by the inspector. (Ref. 901)
2H
(f) For inspections not covered herein, or for requested
special inspections or services, the fee shall be $25.00
per hour, includinq travel time, plus $.25 per mile
traveled, plus the reasonable cost of equipment or material
consumed. This Section is also applicable to inspection
of empty conduits and such other jobs as determined by the
City. (Ref. 901)
(g) For inspection of transient projects includinq but
not limited to carnivals and circuses, the inspection fees
shall be computed as follows: (Ref. 901)
((1)) Power supply units, according to 2B of the
schedule. A like fee will be required on power supply
units at each engaqement durinq the season, except
that a fee of $25.00 per hour will be charged for
additional time spent by the inspector, if the power
supply is not ready for inspection at the time and
date specified on the request for inspection as
required by law. (Ref. 901)
((2)) Rides, devices, or concessions, shall be
inspected at their first appearance of the season and
the inspection fee ehall be $15.00 per unit. In
addition to the fee for the power supply units, there
shall be a general inspection for each engaqement
during the season at the hourly rate, with a two hour
minimum. In addition to the above fees, inspections
required on Saturdays, Sundays, holidays or after
regular business hours will be at the hourly rate,
including travel time. An owner of a migratory
amusement enterprise shall notify the inspector and
make application for inspection a minimum of 14 days
before its engagement in Fridley. When the inspector
is not notified at least 48 hours in advance, a charge
of S100.00 will be made in addition to all required
fees.
(h) For purposes of interpretation of the provisions of
this Chapter, the most recently published edition of the
National Electrical Code shall be prima facie evidence of
the definitions, interpretations and scope of words and
terms used in this Chapter.
(i) In addition to the above fees, the inspection fee for
each separate inspection of a swimminq pool shall be
computed at $15.00. Reinforcinq steel for swimming pools
requires a rough-in inspection.
21
(3) Minor Repair Work Defined. Minor repair work as used in
Minnesota Statutes, Section 326.244 shall mean the adjustment
�r repair and replacement of worn or defective parts of
electrical fixtures, switches, receptacles and other equipment
provided that such minor repairs are made in compliance with
accepted standards of construction for safety to life and
property as defined in Minnesota Statutes, Section 326.243 and
3o not require replacement of the wirinq to them. The City's
inspectors or agents�may inspect any such minor repairs at the
request of the owner or person making such repairs.
(4) Condemnation of Hazardous Installations. When an
electrical inspector finds that a new installation or part of
� new installation that is not enerqized is not in compliance
�ith accepted standards of construction as required by
Kinnesota Statutes, Section 326.243 Safety Standards of the
Kinnesota Electrical Act, the inspector shall, if the
installation or the noncomplyinq part thereof is such as to
seriously and proximately endanqer human life and property if
it was to be energized, order with the approval of the Building
Inspector, immediate condemnation of the installation or
noncomplying part. When the person responsible for makinq the
installation condemned hereunder is notified, they shall
promptly proceed to make the corrections cited in the
�ondemnation order. (Ref. 901)
(5) Disconnection of Hazardous Installation: If while makinq
3n inspection, the electrical inspector finds that a new
installation that is energized is not in compliance with
�ccepted standards of construction as required by Minnesota
3tatutes, Section 326.243 Safety Standards of the Minnesota
Electrical Act, the inspector shall, if the installation or the
noncomplyinq part thereof is such as to seriously and
proximately endanger human life and property, order immediate
iisconnection of the installation or noncomplying part. When
the person responsible for making the installation ordered
3isconnected hereunder is notified, they shall promptly proceed
to make the corrections cited in this disconnect order. (Ref.
�oi)
(6) Corrections of Noncomplying Installations. When a
noncomplyinq installation whether energized or not, is not
�roximately danqerous to human life and property, the inspector
shall issue a correction order, ordering the owner or
�ontractor to make the installation comply with accepted
standards of construction for safety to life and property,
noting specifically what changes are required. The order of
the inspector shall specify a date of not less than 10 nor
nore than 17 calendar days from the date of the order.
2J
F. Kovinq oi D�r�ilinq or Buildinq p��.
The permit fee for the movinq of a dwellinq or buildinq shall be
in �.ccordance with the following schedule:
?or Principle Buildinq .........................$ 80.00
?or Accessory Building .........................$ 20.00
?or moving through, within or out of the City..$ 15.00
a. *reckinq per�it l��.
(1) For any permit for the wreckinq of any buildinq or portion
thereof, the fee charged for each such buildinq included in
�uch permit shall be based on the cubical contents thereof and
shall be at the rate of one dollar and twenty-five cents
($1.25) for each one thousand (1000) cubic feet or fraction
thereof .
(2) For structures which would be impractical to cube, the
�arecking permit fee shall be based on the total cost of
wrecking such structure at the rate of six dollars ($6.00) for
each five hundred dollars ($500.00) or fraction thereof.
(3) In no case shall the fee charqed for any wrecking permit
be less than fifteen dollars ($15.00).
H. water and Bever Fess. (R�t. 901)
Hydrant Rental Agreement - Service Charge........$ 25.00
(for use of hydrant or for hose/equipment use)
Water Usaqe ......................................$ 0.75/1,000
gallons used
Minimum $10.00 plus Refundable Deposit on Equipment
Water Taps .......................................$160.00
Street Patch - First 5 sq. yds ...................$150.00
Next 10 sq. yds ................................$ 15.00/s.y.
Over 15 sq. yds ................................$ 7.50/s.y.
Water Meter Repair - Weekend & Holidays..........$ 35.00
Water Connections Permit .........................$ 15.00
Sewer Connections Permit .........................$ 25.00
Sewer O-Dapter ...................................$ 5.00
Inspection Fee for Repair on Water/Sewer Lines...$ 15.00
i. Land �lterations, Bzcavatinq or aradinq Fo�s. �Rot. 9oi)
50 cubic yards or less .............:.............$ 15.00
51 to 100 cubic yards ............................$ 22.50
101 to 1,000 cubic yards .........................$ 22.50 for
the first 100 cubic yards plus $10.50 for each
additional 100 cubic yards or fraction thereof.
2K
1,001 to 10,000 cubic yards ........................$117.00
for the first 1,000 cubic yards plus $9.00 for
each additional 1,000 cubic yards or fraction
thereof .
$i9s o0
]o,00i to 100,00o cubic yards ...................... .
for the first l0, 000 cubic yards plus $40. 50 for
each additional 10,000 cubic yards or fraction
thereof.
]00,001 cubic yards or more ........................$562.50
for the first 100, 000 cubic yards plus $22 . 50 for
each additional 100,000 cubic yards or fraction
thereof.
��and Alteration Plan-Checkinq Fees:
!,0 cubic yards or less...•.•••••••••••••••••••••••• No Fee
!�1 to 100 cubic yards ..............................$ 15.00
:.01 to 1,000 cubic yards ...........................$ 22.50
:.,001 to 10,000 cubic yards ........................$ 30.00
.0,001 to 100,000 cubic yards ......................$ 30.00
for the first 10, 000 cubic yards plus $15. 00 for
each additional 10,000 cubic yards or fraction
thereof.
.00,001 to 200,000 cubic yards .....................$165.00
for the f irst 100, 000 cubic yards plus $9 . oo for
each additional 10,000 cubic yards or fraction
thereof.
�00,001 cubic yards or more ........................$255.00
for the first 200, 000 cubic yards plus $4 . 50 for
each additional 10,000 cubic yards or fraction
thereof.
J. pollution Monitorinq Reqistration F�� (R�t• 929, 947)
l. Each pollution monitorinq location shall require a site
nap, description and length of monitoring time requested.
(For matter of definition pollution monitoring location shall
nean each individual tax parcel.) There shall be an initial
3pplication and plan check fee of Twenty Five Dollars ($25).
2. The applicant for a Pollution Control Registration shall
provide the City with a hold harmless statement for any damages
�r claims made to the City regardinq location, construction,
or contaminates.
3. An initial registration fee of Fifty Dollars ($50) is due
and payable to the City of Fridley at or before commencement
of the installation.
2L
�. An annual renewal reqistration fee of Fifty Dollars (S50)
��nd annual monitorinq activity reports for all individual
:.ocations must be made on or before September first of each
��ear. If renewal is not filed on or before October first of
�:ach year the applicant must pay double the fee.
i. A final pollution monitorinq activity report must be
�ubmitted to the City within (30) days of termination of
aonitorinq activity.
206.1�. DOIIBLE PB88
Shou�d any person begin work of any kind such as hereinbefore set
forti, or for which a permit from the Buildinq Code Department is
required by this Chapter without havinq secured the necessary
permit therefore from the Buildinq Code Department either previous
to or during the day where such work is commenced, or on the next
succ=eding business day when work is aommenced on a Saturday,
Sund�y or a holiday, they shall, when subsequently securinq such
pera it, be required to pay double the fees provided for such permit
and shall be subject to all the penal provisions of said Code.
(Ref . 901)
206.OS. REZN8P8CTION FBB
1. � reinspection fee of thirty dollars ($30.00) shall be assessed
for each inspection or reinspection when such portion of work for
which the inspection is called for is not complete or when
cor�ections called for are not made. (Ref. 9Q1)
2. rhis Section is not to be interpreted as requiring reinspection
fee:� the first time a job is rejected for failure to comply with
the requirements of this Code, but as controllfnq the practice of
cal:.inq for inspections before the job is ready for such inspection
or :�einspection.
3. Reinspection fees may be assessed when the permit card is not
pro �erly posted on the work site, or the approved plans are not
reaiily available for the inspection, or for failure to provide
acc:ss on the date and time for which inspection is requested, or
for deviatinq from plans requirinq the approval of the Building
Of f icial .
4. Where reinspection fees have been assessed, no additional
inspection of the work will be performed until the required fees
hav e been paid.
2 0 6. 0 6. CBRTIFICl1TB OF OCCIIPAIQCY
1. Except for single family residential structures, a Certificate
of Occupancy statinq that all provisions of this Chapter have been
fu]ly complied with, shall be obtained from the City:
2M
A. 3efore any structure for which a building permit is required
is u;�ed or occupied. A temporary Certificate of Occupancy may be
issu :d when the buildinq is approved for occupancy but the outside
deve'.opment is partially uncompleted. (Ref. 901)
B. )r before any nonconforming use is improved or enlarqed.
2. A� �plication for a Certificate of Occupancy shall be made to the
City when the structure or use is ready for occupancy and within
ten (10) days thereafter the City shall inspect such structure or
use end if found to be in conformity with all provisions of this
Chapter, shall sign and issue a Certificate of Occupancy.
3. �► Certificate of Compliance shall be issued to all existing
lega] nonconforming and conforminq uses which do not have a
Cert:ficate of Occupancy after all public health, safety,
convEnience and general welfare conditions of the City Code are in
comp: iance.
4. 2'o permit or license required by the City of Fridley or other
gove��nmental agency shall be issued by any department official or
empl��yee of the City of such qovernmental agency, unless the
appl..cation for such permit or license is accompanied by proof of
the issuance of a Certificate of Occupancy or Certificate of
Comp . iance .
5. �:hange in occupancy:
A. The City will be notified of any change in ownership or
occ�ipancy at the time this change occurs for all industrial and
com�ercial structures within the City.
B. A new Certificate of Occupancy or Compliance will be issued
aft�r notification. A thirty-five dollar ($35.00) fee will be
ass:ssed for this certificate.
6. Existing Structure or Use:
A. In the case of a structure or use established, altered,
enl3rged or moved, upon the issuance and receipt of a Special Use
Pernit, a Certificate of Occupancy shall be issued only if all the
con3itions thereof shall have been satisfied.
B. Whenever an inspection of an existinq structure or use is
recuired for issuance of a new Certificate of Occupancy, a
thirty-five dollar (S35.00) fee will be charged. If it is found
that such structure or use does not conform to the applicable
recuirements, the structure or use sha21 not be occupied until
suc h time as the structure or use is aqain brouqht into compliance
with such requirements.
2N
2 0 6. 17 . CO�I'PRACTO�' 8 LIC8N88B
1. Ct is deemed in the interest of the public and the residents
of 1:he City of Fridley that the work involved in building
alte-ation and construction and the installation of various
appl �ances and service facilities in and for said buildings be done
only by individuals, firms and corporations that have demonstrated
or sibmitted evidence of'their competency to perform such work in
acco�dance with the applicable codes of the City of Fridley.
2. '.'he permits which the Buildinq Inspector is authorized to issue
unde� this Code shall be issued only to individuals, firms or
corp�rations holdinq a license issued by the City for work to be
perf�rmed under the permit, except as hereinafter noted.
3. �equirements.
Application for license shall be made to the Building Code
Department and such license shall be qranted by a majority vote of
the �ouncil upon proof of the applicant's qualifications thereof,
willingness to comply with the provisions of the City Code, filing
of �ertificates evidencinq the holdinq of public liability
insurance in the limits of $50,000 per person, $100,000 per
acci3ent for bodily injury, and $25,000 for property damages and
certificates of Worker's Compensation insurance as required by
State law and if applicable, list a Minnesota State Tax
Ider.tification number. (Ref. 901)
4. Fee.
The fee for each license required by the provision of this Section
shall be thirty-five dollars ($35.00) per year.
5. Expiration.
All licenses issued under the provisions of this Section shall
exp�re on April 30th, followinq the date of issuance unless sooner
revcked or forfeited. If a license qranted hereunder is not
renEwed previous to its expiration then all rights granted by such
licEnse shall cease and any work performed after the expiration of
the license shall be in violation of this Code.
6. Renewal.
Per:ons renewing their license issued under this Section after the
exp:ration date shall be charqed the full annual license fee. No
pro��ated license fee shall be allowed.
7. Specific Trades Licensed.
Lic�:nses shall be obtained by every person engaqinq in the
fol:.owing businesses or work in accordance with the applicable
Cha�►ters of the City of Fridley.
Ci�J
A. c;eneral contractors in the business of building construction.
B. :sasonry and brick work.
C. toofinq.
D. ?lasterinq, stucco work, sheetrock tapinq.
E. ieating, ventilation and refrigeration.
F. �as piping, gas services, gas equipment installation.
G. �il heatinq and piping work.
H. Excavations, includinq excavation for footings, basements,
sewer and water line installations.
I. i�reckinq of buildings.
J. Sign erection, construction and repair, includinq billboards
and electrical signs.
K. Blacktopping and asphalt work.
L. Chimney sweeps.
8. imployees and Subcontractors.
A license granted to a general contractor under this Section shall
incli.de the right to perform all of the work included in the
gene��al contract. Such license shall include any or all of the
persc�ns performing the work which is classified and listed in this
Code providing that each person performinq such work is in the
regu:.ar employ and qualified under State law and the provisions of
this Building Code to perform such work. In these cases, the
gene:•al contractor shall be responsible for all of the work so
perf��rmed. Subcontractors on any work shall be required to comply
with the Sections of this Code pertaining to license, insurance,
perm..t, etc., for their particular type of work. (Ref. 901)
9. ;�uspension and Revocation Generally.
The :ity Council shall have the power to suspend or revoke the
lice:ise of any person licensed under the requlations of this
Sect.on, whose work is found to be improper or defective or so
unsa:e as to jeopardize life or property providinq the person
hold�ng such license is given twenty (20) days notice and granted
the �pportunity to be heard before such action is taken. If and
when such notice is sent to the legal address of the licensee and
they fail or refuse to appear at the said hearing, their license
will be automatically suspended or revoked five (5) days after date
of h aaring.
10. Time of Suspension.
When a license issued under this Section is suspended, the period
of s ispension shall be not less than thirty (30) days nor more than
one (1) year, such period beinq determined by the City Council.
11. Revocation, Reinstatement.
When any person holdinq a license as provided herein has been
convicted for the second time by a court of law for violation of
any �f the provisions of this Code, the City Council shall revoke
the license of the person so convicted. Such person may not make
application for a new license for a period of one (1) year.
12. Permit to Homeowner.
The owner of any single family property may perform work on
proFerty which the owner o�cupies so lonq as the work when
perlormed is in accordance with the Codes of the City and for such
pur� ose a permit may be qranted to such owner without a license
obtz ined.
13. State Licensed Contractor's Excepted.
Tho:e persons who possess valid State licenses issued by the State
of 1[innesota shall not be required to obtain a license from the
Cit�; they shall, however be required to file proof of the
exi:tence of a valid State license together with proof of
sat:sfactory Worker's Compensation and Public Liability insurance
covE :rage. (Ref . 901)
14. Public Service Corporations Excepted.
Pub:.ic service corporations shall not be
lic� :nses for work upon or in connection with
exa:pt as may be provided by other Chapters.
15. Manufacturers Excepted.
2P
required to obtain
their own property
Marnifacturers shall not be required to obtain licenses for work
inc�>rporated within equipment as part of manufacturinq except as
may be provided by other Sections of this Code.
16. Assumption of Liability.
Thi: Section shall not be construed to affect the responsibility
or liability of any party owning, operatinq, controlling or
ins:allinq the above described work for damaqes to persons or
pro�erty caused by any defect therein; nor shall the City of
Fri iley be held as assuming any such liability by reason of the
licansinq of persons, firms or corporations enqaqed in such work.
206. � 8. �TILITY BZCAV71TI0218
1. iermit Required.
Befo��e any work is performed which includes cuttinq a curb or
exca�ation on or under any street or curbing a permit shall be
appl:ed for from the City. The Public Works Department shall
veri�'y the location of the watermain and sanitary sewer connections
befo��e any excavation or grading shall be permitted on the
prem:.ses. The permit shall specify the location, width, length and
deptl� of the necessary excavation. Zt shall further state Such
spec:.fications and condition of public facility restoration.
spec:.fications shall require the public facilities to be restored
to a�. least as qood a condition as they were prior to commencement
of w�►rk. Concrete curb and gutter or any street patching shall be
cons�:ructed and inspected by the City, unless specified otherwise.
2. ;�eposit - Required.
A. Where plans and specifications indicate that proposed work
inc:.udes connection to sanitary sewer, watermain, a curb cut or
any other disruption that may cause damage to the facilities of
the City, the application for permit shall be accompanied by a two
hun�lred dollar ($200.00) cash deposit as a guarantee that all
res�:oration work will be completed and City facilities left in an
und��maged condition.
B. The requirement of a cash deposit shall not apply to any
pub.ic utility corporation franchised to do business within the
Cit� ►.
3. 4aximum Deposit.
No p:rson shall be required to have more than four hundred dollars
($40 ).00) on deposit with the City at any one time by reason of
this Section; provided that such deposit shall be subjected to
compliance with all the requirements of this Section as to all
builiing permits issued to such person prior to the deposit being
refuaded.
4. Lnspections.
A. Before any backfillinq is done
thia division the City shall be
coniitions of construction.
in an excavation approved under
notified for a review of the
2Q
B. During and after restoration the City Engineer or a desiqnated
aqelt shall inspect the work to assure compliance. (Ref. 901)
5. Return of Deposit. �
The Public Works Director shall authorize refundment of the deposit
wher restoration has been completed to satisfactory compliance with
thi: Section.
C��
6. :'orfeiture of Deposit.
Any �erson who fails to complete any of the requirements shall
forf��it to the City such portion of the deposit as is necessary to
pay :or havinq such work done.
206. 19. HQ=LDINa 8IT8 REQDIREKBZI't'8
1. �eneral.
In aidition to the provisions of this Section, all buildinq site
requirements of the City's Zoning Code Chapter 205 and additions
shall be followed before a buildinq permit may be issued.
2. 7tilities and Street Required.
No biilding permit shall be issued for any new construction unless
and intil all utilities are installed in the public street adjacent
to tze parcel of land to be improved and the rouqh qradinq of the
adja�ent street has been completed to the extent that adequate
street access to the parcel is available.
3. rrailer Prohibitions.
Exce pt in a trailer or mobile home park, the removal of wheels from
any trailer or the remodelinq of a trailer through the construction
of a foundation or the enclosure of the space between the base of
the trailer and the qround, or through the construction of
additions to provide extra floor space will not be considered as
conlorming with the City's Building Code in any respect and will
theiefore be prohibited.
4. Equipment and Material Storaqe.
No construction equipment and/or material pertaining to
con:truction shall be stored on any property within the City
witi.out a valid building permit. When construction is completed
and a Certificate of Occupancy has been issued, any construction
equ: pment or materials must be removed within thirty (30) days from
the issuance date on the Certificate of Occupancy.
5. Construction work Hours.
It shall be unlawful for any person or company actinq as a
con�:ractor for payment, to engage in the construction of any
bui:.ding, structure or utility including but not limited to the
mak..ng of any excavation, clearing of surface land and loading or
unl�►ading materials, equipment or supplies, anywhere in the City
exc� :pt between the hours of 7: 00 a.m. and 9: 00 p.m. , Monday through
Fri�lay and between the hours of 9:00 a.m. and 9:00 p.m. on
Sat�irdays and leqal holidays. However, such activity shall be
law`ul if an alternate hours work permit therefore has been issued
by �:he City upon application in accordance with requirements of the
2S
para�raph below. It shall be unlawful to engage in such work or
acti�ity on Sunday or any leqal holiday unlesa an alternate hours
work permit for such work has first been issued. Nothing in this
Chap �er shall be construed to prevent any work necessary to prevent
injucy to persons or property at any time.
6. �lternate Hours Work Pez�a►it.
Applications for an alternate hours work permit shall be made in
writing to the Public Works Director and shall state the name of
the applicant and the business address, the location of the
prop�sed work and the reason for seeking a permit to do such work�
as wall as the estimated time of the proposed operations. No such
permit shall be issued exceptinq where the public welfare will be
harmad by failure to perform the work at the times indicated.
7. 3afeguards.
Warning barricades and liqhts shall be maintained whenever
necessary for the protection of pedestrians and traffic; and
temF�rary roofs over sidewalks shall be constructed whenever there
is danger from fallinq articles or materials to pedestrians.
2 0 6.10 . DRl�INl�GE liND GR1�iDIN3
1. Investiqation.
After a buildinq permit has been applied for and prior to the
issLance of said permit, the City shall thoroughly investigate the
exi�ting drainage features of the property to be used.
2. �bstruction of Natural Drainaqe Prohibited.
No ]�uildinq permit shall be issued for the construction of any
building on which construction or necessary gradinq thereto shall
obstruct any natural drainage waterway.
3. Undrainable Lands.
No ]�uilding permit shall be issued for the construction of any
building upon ground which cannot be properly drained.
4. Protection of Existinq Drainaqe Installations.
A. Where application is made for a building permit and subsequent
inv estigation shows that the property to be occupied by said
building is adjacent to a portion of a public road or street
cortaining a drainaqe culvert, catch basin, sewer, special ditch
or any other artificial drainage structures used for the purpose
of draining said property and/or neighboring property, the
ap�licant shall specifically agree in writing to protect these
waC e sed buildi chconstruct n oreqrad q work inc dental theretoe
pr p 9
2T
B. No land shall be altered and no use shall be permitted that
re�ults in water run-off causinq floodinq, erosion or deposits of
mir.erals on adjacent properties. Stormwater run-off from a
developed site will leave at no qreater rate or lesser quality
than the stormwater run-off from the site in an undeveloped
cordition. Stormwater run-off shall not exceed the rate of
rur-off of the undeveloped land for a 24 hour storm with a 1 year
return frequency. Detention facilities shall be designed for a
24 Zour storm with a l00 year return frequency. All run-off shall
be properly channeled into a storm drain water course, ponding
area or other public facility designed for that purpose. Any
change in grade affectinq water run-off onto an adjacent property
mu�t be approved by the City.
5. Order to Regrade.
The City may order the applicant to reqrade property if existing
grace does not conform to any provision of this Section, if the
grac.e indicated in the preliminary plan has not been followed, or
if i.he grade poses a drainaqe problem to neighboring properties.
2 0 6, 11. 11ATBR8, 11ATBR1/l1Y8
1. Definition.
As • ised in this Section, the term waters and/or waterways shall
inc:ude all public waterways as defined by Minnesota Statutes,
Seci.ion 105.38 and shall also include all bodies of water, natural
or �rtificial, includinq�ponds, streams, lakes, swamps and ditches
whi�:h are a part of or contribute to the collection, runoff or
sto� �age waters within the City or directly or indirectly affect the
col:.ection, transportation, storage or disposal of the storm and
sur:'ace waters system in the City.
2. Permit Required.
No �erson shall cause or permit any waters or waterways to be
cre��ted, dammed, altered, filled, dredged or eliminated, or cause
the water level elevation thereof to be artificially altered
witl�out first securing a permit from the City, State or watershed
man,�gement organization as appropriate.
3. Application for Permit.
App..ications for permits required by the provisions of this Section
sha.l be made in writing ugon printed forms furnished by the City
Cle: �k.
4. Scope of Proposed Work.
App.ications for permits required by thi
acc��mpanied with a complete and detailed
pro: �osed work together with complete plans and
s Section shall be
description of the
topographical survey
map clearly illustratinq the proposed work and its effect upon
existLng waters and water handlinq facilities.
5. F :es.
A fee of twenty-five dollars ($25.00) shall be paid to the City and
upon the filing of an application for a permit required by the
provi �ions of this Section to defray the costs of investiqating and
consiiering such application.
2 0 6 .1 ! . PENl1LTIE8
Any violation of this Chapter is a misdemeanor and is subject to
all p�nalties provided for such violations under the provisions of
Chapt:r 901 of this Code.
PASSE� AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1990.
WILLIAM J.NEE -MAYOR
ATTES � :
SHIRLEY A. HAAPALA - CITY CLERK
First Readinq: November 19, 1990
Secon3 Readinq: December 10, 1990
Publi�ation:
2U
� PLANNING DIVISION 3
� �
MEMOR,ANDUM
cinroF
FRI DLEY
DATE: December 5, .1990
: TO: William Burns, City Manager �#
FROM: Barbara Dacy, Planning Coordinator
Lisa Campbel�C'Planninq l�ssociate
SUBJEC��: Second and Final Reading of Ordinance
Establishing Solid Waste Abatement Program Fee
As pe:- Council direction, staff has prepared an ordinance
establ.shing the Solid Waste Abatement Program Fee. The public
hearinc� and first reading of the ordinance was held on November 19,
1990. The second and final reading is scheduled for December 10,
1990.
In ordE:r to implement the Solid Waste Abatement fee, an ordinance
amendi��g Chapter 113, Solid Waste Disposal and Recycling, and
Chapte�• 11, General Provisions and Fees, of the City Code is
requirEd. Without an ordinance, the City may not legally receive
the re�enue generated from the proposed fee.
Sectior 113.06, as proposed, formally establishes and defines the
Solid t'aste Abatement Program. This section specifically states
what activities are included in the Solid Waste Abatement Program.
These 3re the curbside collection program, the purchase and
distrikution of curbside recycling containers, the drop-off site,
the yard waste transfer site, and special abatement programs.
Sectior 113.07, as proposed, formally establishes the Solid Waste
Abatement Program Fee and the Solid Waste Abatement Program Fund.
It stat as that residential dwelling units of one to four units will
be assessed $2.50 per quarter per unit and that this revenue will
be placad in the Solid Waste Abatement Program Fund. This section
stipulates that this revenue will be expended on Solid Waste
Abatement activities. �
Chapter 11, General Provisions and Fees, Section 11.10, Fees for
Servicea Rendered, is amended to include the fee established under
Section 113.07.
Ordinance Establishing Solid Waste Abatement Program Fee
Decemb�r 5, 1990
Page 2
Ration3le for Fee
The So Lid Waste Abatement Program Fee is needed to offset the costs
of thE: Solid Waste Abatement Program. In 1991, the fee will
underwrite a portion of the costs associated with the purchase of
containers and contract service costs for the curbside program and
yard �aste transfer site. The container purchase is needed to
increa�e participation in order to meet the 35� abatement goal by
Januar�r 1, 1994, established by the State in 1989. The containers
are made of 50� post-consumer high density polyethylene plastic.
Contra �t costs are likely to rise with the participation and exceed
the pr�jected grant revenue in 1991.
Staff �ecommendation
Staff recommends
readin� of the
Progran Fee.
LC:ls
M-90-876
that the Council approve the second and final
ordinance establishing a Solid Waste Abatement
3A
ORDINANCE NO. - 1990
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE
CHAPTER 113, BNTITLED ��SOLID WASTL DISPOSAL AND
RECYCLING COLLECTION��, BY ADDING BECTIONS
113.06 AND 113.07, ��SOLID WABT$ ABATSMSNT
PROGRAZIIYIING�� AND ��80LID WASTB PROGRAM F$E��, AND
RENIIMBERING THE PR138ENT 8$CTIONS 113.06 TO
113.08 AND 113.07 TO 113.09� AND THE REMAINING
SECTIONS CONBECIITIOSI�Y; FIIRTHER l�MENDING
CHAPTER 11 OF TH8 FRIDI.I�Y CITY CODE ENTITLED
��GENERAL PROVISIONS AND F$EB��, BECTION 11.10.
The City Council of the City of Fridley hereby ordains as follows:
Secticn 113.06 Solid Waste Abatement Program
The C:.ty of Fridley, in order to meet the requirements of State
Law, zas established a Solid Waste Abatement Program. This
progr�mming includes the curbside collection of recyclables,
servirg residential dwellings of one to four units, the purchase
and distribution of curbside recycling containers, a drop-off
redem�tion center for recyclables, a yard waste transfer site, and
other special abatement activities, as authorized by the City
Counc� 1.
Secticn 113.07 Solid Waste Abatement Program Fee
Effect ive January 1, 1991, the City of Fridley shall begin charging
residEntial dwellings of one to four units $2.50 per unit per
quarter. The fee shall be charged in conjunction with the utility
billir gs as administered by the Finance Department. This fee shall
be ca.led the Solid Waste Abatement Program Fee. This revenue
shall be placed in the Solid Waste Abatement Fund and shall be
expenced on solid waste programming activities. These activities
incluce the curbside collection of recyclables for residential
dwell�ngs of one to four units, the purchase and distribution of
curbs:de recycling containers, a drop-off redemption center for
recyc]ables, a yard waste transfer site, and other special
abaterent activities, as authorized by the City Council.
Chapter 11. General Provisions and Fees
Secticn 11.10 is amended as follows:
11.10 Fees for Services Rendered
Cc de
11; . 07
Subiect
Solid Waste Programming Fee
Fee
$2.50 per residential
dwelling of 1-4 units
per quarter
3B
ORDIN ANCE NO. - 1990
PAGE 2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1990.
WILLIAM J. NEE, MAYOR
ATTES � :
SHIRL�Y A. HAAPALA, CITY CLERK
Publi: Hearing: November 19, 1990
First Reading: November 19, 1990
Seconi Reading:
Publ i �h :
3C
�
�
aNOF
FRlDLEi
FOR CONCIIRRENCS ITY THB CITY COIINCIL--COMMI88ION APPOIId'PMEIZT 4
�IIRRSNT MBMBBR
A p�eals Comatission
Clif ford Johnson
5156 Huqhes Avenue N.E.
(H) �72-8214
(Resigned--Effective
Octo �er l, 1990)
DBCE�LSBjt 10 � 19 9 0
�
4-1-91
.• �
FINANCE DEPARTMENT 5
�r
MEMORANDUM
TO: WILLIAM W. BIIRNB, CITY MANPiGBR
FROM: RICHARD D. PRIBYL, FIliANC$ DIRECTOR �
SIIBJ$C P: RESOLIITION AWARDING THE Bl�I.E OF (iLNERlIL OBLI(�ATION WATER
REVENiTE BONDS
DATE: DeCember 6� 1990
Attach:d is a Resolution provided to us by James P. O'Meara of
Briggs and Morgan. This resolution will award the sale of the
$1,615,000 General Obligation Water Revenue Bonds, Series 1991A.
The bii opening will occur at the offices of Springsted, Inc., on
Monday, December 10, 1990. The low bidder will be presented to the
Council on Monday evening for the formal award to the low bidder.
As you might recall in a past Council Meeting, I stated that the
settleaent would not occur until 1991. We wi11 receive the
proceeis in approximately the first ten days of January.
Moody'a has reevaluated the financial condition of the City, as it
pertai is to the issuance of debt, and has once again upheld the
rating of Aal.
RDP/me
Attach nent
5A
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF
FRIDLEY, MINNESOTA
Pursuant to due call and notice thereof, a regular or
spec.al meeting of the City Council of the City of Fridley,
Minn��sota, was duly held in the Fridley Municipal Center on
Dece;tber 10, 1990, commencing at 7:30 P.M., C.T.
The following Councilmembers were present:
and i.he following were absent:
*** *** ***
The Mayor announced that the meeting was convened in
part for the consideration of the bids which had been received
for the purchase of the City's $1,615,000 General Obligation
Watei Revenue Bonds, Series 1991A, as advertised for sale. The
City Clerk presented affidavits showing publication of notice of
sale in the City's official newspaper and in Finance and Commerce
andfcr Northwestern Financial Review, financial papers published
in Minneapolis, Minnesota, which affidavits were examined, found
sati�factory, and ordered placed on file.
There was then presented a tabulation of the bids which
had teen received in the manner specified in the notice of sale
of the Bonds. The bids were as follows:
i o4�
r� -�
introduced the follow-
ing Resolution, the written presentation and reading of which
wera waived by unanimous consent of the Council, and
Cou�cilmember moved its adoption:
RESOLUTION NO.
RESOLUTION PROVIDING FOR THE
ISSUANCE AND SALE OF
$1,615,000 GENERAL OBLIGATION WATER REVENUE
BONDS, SERIES 1991A
BE IT RESOLVED by the City Council (the "Council") of
the City of Fridley, Minnesota (the "City"), as follows:
1. It is hereby determined:
(a) That the improvements to the City's municipal
water system (the "Improvements") described in the
Council's November 5, 1990, resolution relating to
these Bonds have been duly ordered by the City and
have been constructed by the City or will be
constructed under contracts which the City has or
will let therefor, all pursuant to and in
accordance with Minnesota Statutes, Section
444.075.
(b) That is it necessary and expedient to the sound
financial management of the affairs of the City
that the City issue its bonds pursuant to
Minnesota Statutes, Section 444.075 and Chapter
475, to provide financing for the Improvements.
2. Acceptance of Offer. The bid of
(the "Purchaser") to purchase the City's
$1,E15,000 General Obligation Water Revenue Bonds, Series 1991A
(thE "Bonds"), as described in the notice of sale thereof, is
herEby found and determined to be the highest and best bid
recEived pursuant to duly advertised notice of sale and shall be
and is hereby accepted, such bid being to purchase the Bonds at a
price of $ plus accrued interest to date of
del�very, the Bonds to bear interest, to mature in the years and
amo�nts, and to be subject to such other terms and conditions as
hereinafter provided. The sum of $ , being the amount
bid in excess of $1,590,775, shall be credited to the Debt
Ser�ice Account hereinafter created. The City Finance Director
is cirected to retain the good faith check of the Purchaser
pencing completion of the sale and delivery of the Bonds and to
retLrn the checks of the unsuccessful bidders forthwith.
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2
3. Title; Original Issue Date; Denominations;
Maturities. The Bonds shall be titled "General Obligation Water
Revenle Bonds, Series 1991A," shall be dated January 1, 1991, as
the d3te 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 iltegral multiple thereof of a single maturity. The Bonds
shall mature on February 1 in the years and amounts as follows:
Year
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
Amount
$35,000
45,000
45,000
50,000
55,000
55,000
60,000
65,000
70,000
75,000
Year
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
Amount
$ 75,000
80,000
90,000
95,000
100,000
110,000
115,000
125,000
130,000
140,000
4. Purpose. The Bonds shall provide funds to finance
the Improvements. The total cost of the Improvements, which
shall include all costs enumerated in Minnesota Statutes, Section
475.E5, is estimated to be at least equal to the amount of the
Bond�. Work on the Improvements shall proceed with due diligence
to cc mpletion.
5. Interest. The Bonds shall bear interest payable
semiennually on February 1 and August 1 of each year (each, an
"Interest Payment Date"), commencing August 1, 1991, calculated
on tYe basis of a 360-day year consisting of twelve 30-day
montis, at the respective rates per annum set forth opposite the
matuiity years, as follows:
Maturity Interest Maturity Interest
Year Rate Year Rate
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
$
t o4�
3
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
$
5C
6. Redemption. All Bonds maturing after February 1,
shall be subject to redemption and prepayment at the option
�� ",: City on said date and on any date thereafter at a price of
par p'�us accrued interest to date of redemption. Redemption may
be in whole or in part of the Bonds subject to prepayment. If
redem�tion is in part, the City shall determine the amount of
Bonds of each maturity to be prepaid; and if only part of the
Bonds having a common maturity date are called for prepayment,
the s�ecific Bonds to be prepaid shall be chosen by lot by the
Bond �egistrar. Bonds or portions thereof called for redemption
shall be due and payable on the redemption date, and interest
there�n shall cease to accrue from and after the redemption date.
Published notice of redemption shall in each case be given in
accoriance with law, and mailed notice of redemption shall be
given to the paying agent and to each affected registered owner
of ths Bonds.
To effect a partial redemption of Bonds having a common
maturity date, the Bond Registrar, prior to giving notice of
rede��tion, shall assign to each Bond of that maturity a
distinctive number for each $5,000 of the principal amount of
such Bond. The Bond Registrar shall then select by lot, using
such method of selection as it shall deem proper in its
discretion, from the numbers so assigned to such Bonds, as many
numbers as, at $5,000 for each number, shall equal the principal
amourt 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 sLrrendered to the Bond Registrar (with, if the City or Bond
Registrar so requires, a written instrument of transfer in form
sati�factory to the City or Bond Registrar duly executed by the
regi�tered owner thereof or by the registered owner's attorney,
duly authorized in writing) and the City shall execute (if
nece�sary) and the Bond Registrar shall authenticate and deliver
to tYe registered owner of such Bond, without service charge, a
new Fond or Bonds of the same series having the same stated
matuiity and interest rate and of any authorized denomination or
denoxinations, as requested by such registered owner, in
aggrEgate principal amount equal to and in exchange for the
unreceemed portion of the principal of the Bond so surrendered.
7. Bond Reqistrar.
is appointed to act as
bond registrar and transfer agent with respect to the Bonds (the
"Bonc. Registrar"), and shall do so unless and until a successor
Bond Registrar is duly appointed, all pursuant to any contract
the c'ity and Bond Registrar shall execute which is consistent
here��ith. The Bond Registrar shall also serve as paying agent
unle:,s and until a successor paying agent is duly appointed. The
10464
4
5D
5E
principal of and interest on the Bonds shall be paid to the
regi:tered owners (or record owners) of the Bonds in the manner
set :orth in the form of Bond and paragraph 13 of this
Reso: ution.
8. Form of Bond. The Bonds, together with the Bond
Regi:�trar's Certificate of Authentication, the form of Assignment
and �.he registration information thereon, shall be in
subsi.antially the following form:
� o�
5
R-
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
$
GENERAL OBLIGATION WATER REVENUE
BOND, SERIES 1991A
IN'IEREST MATURITY DATE OF
FATE DATE ORIGINAL ISSUE CUSIP
January 1, 1991
REGI�TERED OWNER:
PRINCIPAL AMOUNT:
��� � .
The City of Fridley, Anoka County, Minnesota (the
"City"), hereby acknowledges itself to be indebted and, for value
received, promises to pay to the registered owner specified
abovE, or registered assigns, in the manner hereinafter set
forti, the principal amount specified above on the maturity date
spec�fied above, unless duly called for earlier redemption, and
to p�y interest thereon semiannually on February 1 and August 1
of e�ch year (each, an "Interest Payment Date"), commencing
Augu�t 1, 1991, at the rate per annum specified above (calculated
on tre basis of a 360-day year consisting of twelve 30-day
montrs) 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 keen paid, from the date of original issue hereof. The
principal of and premium, if any, on this Bond are payable upon
presEntation and surrender hereof at the principal office of
, in
, (the "Bond Registrar"), acting as
payirg 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 �erson in whose name this Bond is registered (the "Registered
Owne�") on the registration books of the City maintained by the
Bond Registrar and at the address appearing thereon at the close
of btsiness on the fifteenth day of the calendar month preceding
such Interest Payment Date (the "Regular Record Date"). Any
inte�est not so timely paid shall cease to be payable to the
persc�n who is the Registered Owner hereof as of the Regular
Reco�•d Date, and shall be payable to the person who is the
Regi:tered Owner hereof at the close of business on a date (the
"Spec:ial Record Date") fixed by the Bond Registrar whenever money
t o4�
6
5F
5G
becones available for payment of the defaulted interest. Notice
of tze Special Record Date shall be qiven to Registered Owners
not less than ten days prior to the Special Record Date. The
prin�ipal of and premium, if any, and interest on this Bond are
paya�le 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 �LL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
IT IS HEREBY CERTIFIED AND RECITED that all acts,
conditions and things required by the Constitution and laws of
the 3tate of Minnesota and the Home Rule Charter of the City to
be d�ne, to have happened and to be performed, precedent to and
in tze 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
inde�tedness of the City outstanding on the date of original
issue hereof and the date of its actual issuance and delivery to
the �riginal purchaser, does not exceed any constitutional,
statitory, or Charter limitation of indebtedness.
IN WITNESS WHEREOF, the City of Fridley, Anoka County,
Minn�sota, by its City Council, has caused this Bond to be
execited on its behalf by the facsimile signatures of its Mayor
and its City Manager; has caused the corporate seal of the City
to b� intentionally omitted herefrom, as permitted by law; and
has �aused this Bond to be executed manually by the Bond
Registrar, acting as the_City's duly appointed authenticating
agent for the Bonds.
10464
7
Date of Registration:
BOND REGISTRAR'S
CERTCFICATE OF
AUTH �NTICATION
This Bond is one of the
Bond� described in the
Resolution mentioned
with in.
Bond Registrar �
By1 �l Manual
Au�horized Signature
� o4s4
Registrable by:
Payable at:
CITY OF FRIDLEY,
ANOKA COUNTY,
MINNESOTA
�,s/ Facsimile
Mayor
(s/ Facsimile
City Manager
ON REVERSE OF BOND
I hereby certify that the foregoing is a full,
true, and correct copy of the legal opinion executed by
the above-named attorneys, except as to the dating
thereof, which opinion has been handed to me for filing
in my office prior to the time of delivery of the
Bonds.
(facsimile siqnature)
City Clerk
City of Fridley, Minnesota
8
5H
Redemption. All Bonds of this issue maturing after
February 1, 2040, are subject to redemption and prepayment at the
opti�n of the City on said date and on any date thereafter at a
price of par plus accrued interest to date of redemption.
RedEmption may be in whole or in part of the Bonds subject to
preFayment. If redemption is in part, the City shall determine
the amount of Bonds of each maturity to be prepaid; and if only
part of the Bonds having a common maturity date are called for
pre�ayment, the Bonds of that maturity to be prepaid shall be
cho�en 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
eacY case be given in accordance with 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 RedemQtion; Partial RedemAtion.
To Effect a partial redemption of Bonds having a common maturity
datE, the Bond Registrar shall assign to each Bond of that
matLrity a distinctive number for each $5,000 of the principal
amoLnt 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
numkers as, at $5,000 for each number, shall equal the principal
amoLnt of such Bonds to be redeemed. The Bonds to be redeemed
shall be the Bonds to which were assigned numbers so selected;
pro�ided, however, that only so much of the principal amount of
sucY Bond of a denomination of more than $5,000 shall be redeemed
as �hall 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
surzendered to the Bond Registrar (with, if the City or Bond
Reg�strar so requires, a written instrument of transfer in form
sat�sfactory to the City or Bond Registrar duly executed by the
reg�stered owner thereof or the registered owner's attorney duly
autrorized 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 Eonds of the same series having the same stated maturity and
intErest rate and of any authorized denomination or
dencminations, as requested by such registered owner, in
aggiegate principal amount equal to and in exchange for the
unrEdeemed portion of the principal of the Bond so surrendered.
Issuance; Purpose; General Obligation. This Bond is
one of an issue in the total principal amount of $1,615,000, all
of Jike date of original issue and tenor, except as to
reg�stration number, maturity, interest rate, denomination and
redEmption privilege, which Bond has been issued pursuant to and
in full conformity with the Constitution and laws of the State of
Minresota and the Charter of the City and pursuant to a
10464
9
51
5J
resolztion adopted by the City Council on December 10, 1990 (the
"Resclution"), for the purpose of providing money to finance
certain costs of improvements to the City's municipal water
systen. This Bond constitutes a general obligation of the City,
and t� provide moneys for the prompt and full payment of its
principal, premium, i€ any, and interest when the same become
due, the full faith and credit and taxing powers of the City have
been 3nd are hereby irrevocably pledged.
Denominations; Exchange; Resolution. The Bonds are
issua�le solely as fully registered bonds in the denominations of
$5,00� and integral multiples thereof of a single maturity and
are eKChangeable for fully registered bonds of other authorized
denominations in equal aggregate principal amounts at the
prxncipal office of the Bond Registrar, but only in the manner
and ssbject to the limitations provided in the Resolution.
Refer�nce 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
authcrized 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 R�solution 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 d�liver, 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
authcrized denomination or denominations, in aggregate principal
amourt 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
Regi�trar may treat the person in whose name this Bond is
regi�tered 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.
� 04�
10
5K
Authentication. This Bond shall not be valid or become
obligitory for any purpose or be entitled to any security unless
the C�rtificate of Authentication hereon shall have been executed
by th: Bond Registrar.
Qualified Tax-Exempt ObliQations. The Bonds have been
desigzated by the City as "qualified tax-exempt obligations" for
purpo�es of Secti-n 265(b)(3) of the Internal Revenue Code of
1986, as amended.
ABBREVIATIONS
I'he following abbreviations, when used in the inscription on
the f�ce of this Bond, shall be construed as though they were
writt�n out in full according to applicable laws or regulations:
TEN C�M - as tenants in common
TEN EKT - as tenants by the entireties
JT TEK - 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.
� 04�
11
5L
ASSIGNMENT
For value received, the undersigned hereby sells,
assigns and transfers unto
the within Bond and does
herE'�y 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
compazy or by a brokerage fina having a membership in one of the
major stock exchanges.
The Bond Registrar
unles� the information
is pr �vided.
Name 3nd Address:
will not effect transfer of this Bond
concerning the transferee requested below
(Include information for all joint owners
if the Bond is held by joint account.)
t o4s�
12
5M
9. Execution; Temporary Bonds. The Bonds shall be
exe�;uted on behalf of the City by the signatures of its Mayor and
Cit� Manager and be sealed with the seal of the City; provided,
how�:ver, that the seal of the City may be a printed facsimile;
and provided further that both of such signatures may be printed
fac;imiles and the corporate seal may be omitted on the Bonds as
peniitted by law. In the event of disability or resignation or
oth��r absence of either such officer, the Bonds may be signed by
the manual or facsimile signature of that officer who may act on
beh;�lf of such absent or disabled officer. In case either such
off.cer whose signature or facsimile of whose signature shall
app��ar on the Bonds shall cease to be such officer before the
del.very of the Bonds, such signature or facsimile shall
nev�:rtheless be valid and sufficient for all purposes, the same
as .f he or she had remained in office until delivery. The City
may elect to deliver, in lieu of printed definitive bonds, one or
mor�� typewritten temporary bonds in substantially the form set
for�:h above, with such changes as may be necessary to reflect
mor�: than one maturity in a single temporary bond. Such
tem}>orary bonds shall, upon the printing of the definitive bonds
and the execution thereof, be exchanged therefor and cancelled.
10. Authentication. No Bond shall be valid or
obl:.gatory for any purpose or be entitled to any security or
ben��fit under this Resolution unless a Certificate of
Autl�entication on such Bond, substantially in the form
her�:inabove set forth, shall have been duly executed by an
autl�orized representative of the Bond Registrar. Certificates of
Autl�entication on different Bonds need not be signed by the same
per:�on. The Bond Registrar shall authenticate the signatures of
off:cers of the City on each Bond by execution of the Certificate
of �.uthentication on the Bond and by inserting as the date of
reg:stration in the space provided the date on which the Bond is
autl.enticated, except that for purposes of delivering the
oric�inal Bonds to the Purchaser, the Bond Registrar shall insert
as �. date of registration the date of original issue, which date
is :eptember 1, 1990. The Certificate of Authentication so
exec:uted on each Bond shall be conclusive evidence that it has
beei. authenticated and delivered under this Resolution.
The City Clerk shall obtain a copy of the proposed
app��oving legal opinion of bond counsel, Briggs and Morgan,
Pro:essional Association, St. Paul, Minnesota, which shall be
com��lete except as to dating thereof, shall cause such opinion to
be iiled in the offices of the City, and shall cause said opinion
to ie printed on each of the Bonds, together with a certificate
to ie signed by the facsimile signature of the City Clerk in
sub:tantially the form set forth in the foregoing form of the
Bonc s .
11. Recristration; Transfer; ExchanQe. The City will
cau:e to be kept at the principal office of the Bond Registrar a
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bond register in which, subject to such reasonable regulations as
the Fond Registrar may prescribe, the Bond Registrar shall
provide for the registration of Bonds and the registration of
tran;fers of Bonds entitled to be registered or transferred as
here� n provided.
Upon surrender for transfer of any Bond at the
principal office of the Bond Registrar, the City shall execute
(if recessary), and the Bond Registrar shall authenticate, insert
the cate of registration (as provided in paragraph 10) of, and
deli�er, in the name of the designated transferee or transferees,
one cr more new Bonds of any authorized denomination or
denorinations of a like aggregate principal amount, having the
same stated maturity and interest rate, as requested by the
tran:feror; provided, however, that no Bond may be registered in
blan} or in the name of "bearer" or similar designation.
At the option of the registered owner thereof, Bonds
may 2e exchanged for Bonds of any authorized denomination or
denor.inations of a like aggregate principal amount and stated
matu�ity, upon surrender of the Bonds to be exchanged at the
principal office of the Bond Registrar. Whenever any Bonds are
so si.rrendered for exchange, the City shall execute (if
nece:sary), and the Bond Registrar shall authenticate, insert the
date of registration of, and deliver the Bonds which the
regi:tered owner making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer
prov:ded for in this Resolution shall be promptly cancelled by
the l�ond Registrar and thereafter disposed of as directed by the
City
All Bonds delivered in exchange for or upon transfer of
Bond:; shall be valid general obligations of the City evidencing
the :;ame debt, and entitled to the same benefits under this
Reso:.ution, as the Bonds surrendered for such exchange or
tran: ;fer.
Every Bond presented or surrendered for transfer or
exch;�nge shall be duly endorsed or be accompanied by a written
inst�ument of transfer, in form satisfactory to the Bond
Regi,trar, duly executed by the registered owner thereof or the
regi;tered owner's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum
suff.cient to cover any tax or other governmental charge payable
in c��nnection with the transfer or exchange of any Bond and any
lega. or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to
tiona of the City contained in any agreement
Regiatrar, including regulations which permit
� 04�
14
reasonable regula-
with the Bond
the Bond Registrar
5N
50
to cl�se its transfer books between record dates and payment
dates.
12. Rights Upon Transfer or ExchanQe. Each Bond
delivared upon transfer of or in exchange for or in lieu of any
other Bond shall carry all the rights to interest accrued and
unpaii, and to accrue, which were carried by such other Bond.
13. Interest Payment; Record Date. Interest on any
Bond �hall 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
busiress on the fifteenth (15th) day of the calendar month
prece3ing such Interest Payment Date (the "Regular Record Date").
Any such interest not so timely paid shall cease to be payable to
the �erson who is the registered owner thereof as of the Regular
Recor3 Date, and shall be payable to the person who is the
regi�tered owner thereof at the close of business on a date (the
"Special Record Date") fixed by the Bond Registrar whenever money
becones available for payment of the defaulted interest. Notice
of tY.e Special Record Date shall be given by the Bond Registrar
to ti-e registered owners not less than ten (10) days prior to the
Special Record Date.
14. Treatment of Re_gistered Owner. The City and Bond
Registrar may treat the person in whose name any Bond is
registered as the owner of such Bond for the purpose of receiving
payment of principal of and premium, if any, and interest
(sub�ect 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
Regi:trar shall be affected by notice to the contrary.
15. Delive ��pplication of Proceeds. The Bonds when
so piepared and executed shall be delivered by the City Finance
Director to the Purchaser upon receipt of the purchase price, and
the �urchaser shall not be obliged to see to the proper
appl:cation thereof.
16. Fund and Accounts. There is hereby created a
spec:al fund of the City designated the "$1,615,000 General
Oblication Water Revenue Bonds, Series 1991A Fund" (the "Fund")
to bE held and administered by the City as a bookkeeping account
sepa�ate and apart from all other funds maintained in the
official financial records of the City. The Fund shall continue
to be. maintained in the manner herein specified until all of the
Bond: herein authorized and all other bonds payable from said
Fund and the interest thereon have been fully paid. There shall
be m�.intained in the Fund two (2) separate accounts, to be
desic�nated the "Construction Account" and "Debt Service Account",
resp� �ctively.
1046G
15
5P
(ij Construction Account. To the Construction Account
th�re shall be credited the proceeds of the sale of the Bonds,
le�s accrued interest received thereon, and less any amount paid
fo� the Bonds in excess of $1,590,775. From the Construction
Ac:ount there shall be paid all costs and expenses of making the
Im�rovements, including the cost of any construction contracts
he-etofore let and all other costs incurred and to be incurred of
th� kind authorized in Minnesota Statutes, Section 475.65; and
th� moneys in said account shall be used for no other purpose
ex:ept as otherwise provided by law.
(ii) Debt Service Account. There are hereby irrevocably
ap�►ropriated and pledged to, and there shall be credited to, the
Del>t Service Account: (a) the net revenues of the City's
mu��icipal water system (as hereinafter described, the "Net
Re,�enues"), but only in amounts and at such times as will be
su:ficient (together with other amounts in the Debt Service
Acc.ount) to pay, when due, the principal of and interest on the
Boids; (b) all accrued interest received upon delivery of the
Boids; (c) all funds paid for the Bonds in excess of $1,590,7?5;
(d; any collections of all taxes hereafter levied for the payment
of the Bonds and interest thereon; (e) all investment earnings on
furds held in the Debt Service Account; and (f) any and all other
moreys which are properly available and are appropriated by the
Co�ncil to the Debt Service Account. The Debt Service Account
sh�ll be used solely to pay the principal and interest and any
premiums for redemption of the Bonds and any other general
obligation bonds of the City hereafter issued by the City and
mace payable from said account as provided by law.
As used in this paragraph, Net Revenues shall mean the gross
revenues derived by the City from the operation of its municipal
wat�r system, including all charges for service, use,
availability, and connection to said system, and all monies
rec�ived from the sale of any facilities or equipment of said
sys�em or any by-products thereof, less all normal, reasonable,
or �urrent costs of owning, operating, and maintaining the
sys�em. If any payment of principal or interest on the Bonds
shaLl become due when there are not sufficient funds in the Debt
Ser�ice Account to pay the same, the City Finance Director shall
pay such principal or interest from the general fund or other
ava�lable fund of the City, and such fund shall be reimbursed for
suci advances from the proceeds of the Net Revenues or of any
genaral ad valorem taxes hereafter levied for such purpose, when
col.ected. The City hereby covenants that it will impose and
col.ect charges for the service, use, and availability of and
con;iection to the City's municipal water system, at the times and
in �:he amounts required to produce Net Revenues adequate,
tog�:ther with other sources of funding available to the Debt
Ser��ice Account, to pay all principal of and interest on the
Bonc .s, when due .
10464
16
5Q
Nothing contained herein shall be deemed to preclude the
City from making further pledges and appropriations of the Net
Re�enues of the City's municipal water system for the payment of
otrer or additional obligations of the City, provided that it has
fiist been determined that the estimated Net Revenues of the
City's municipal water system will be sufficient, in addition to
al] other sources, for the payment of the Bonds and such
adcitional obligations, and any such pledge and appropriation of
sa�d Net Revenues may be made superior or subordinate to, or on a
paxity with, the pledge and appropriation herein.
No portion of the proceeds of the Bonds shall be used
directly or indirectly to acquire higher yielding investments or
to replace funds which were used directly or indirectly to
accuire higher yielding investments, except (1) for a reasonable
tenporary period until such proceeds are needed for the purpose
foz which the Bonds were issued and (2) in addition to the above
in an amount not greater than the lesser of five percent (5�) of
the proceeds of the Bands or $100,000. To this effect, any
prc�eeds of the Bonds and any sums from time to time held in the
Corstruction Subaccount or Debt Service Account in excess of
amcunts which under then-applicable federal arbitrage regulations
may be invested without regard to yield shall not be invested at
a yield in excess of the applicable yield restrictions imposed by
saii arbitrage regulations on such investments after taking into
acc�unt any applicable "temporary periods" or "minor portion"
mad� available under the federal arbitrage regulations. Money in
the Fund shall not be invested in obligations or deposits issued
by, guaranteed by or insured by the United States or any agency
or instrumentality thereof if and to the extent that such
invastment would cause the Bonds or any Additional Bonds to be
"feierally guaranteed" within the meaning of Section 149(b) of
the federal Internal Revenue Code of 1986, as amended (the
"Co 3e" ) .
17. 105� Debt Service Coveracte. It is hereby
det�rmined that the estimated collections of Net Revenues will
proiuce at least 5$ in excess of the amount needed to meet, when
due, the principal of and interest on the Bonds, and accordingly
no id valorem tax levy is required at this time. The City Clerk
is iirected to file a certified copy of this Resolution with the
Couity Auditor of Anoka County and to obtain the certificate of
sai! official required by Minnesota Statutes, Section 475.63.
18. General Oblictation PledQe. The full faith and
cre�tit and taxing powers of the City are hereby pledged to the
pay:ient of the principal of and interest on the Bonds, and in the
eve:it of any current or anticipated deficiency of funds in the
Deb�: Service Account of amounts needed to make any such payment,
whe�i due, the Council shall levy ad valorem taxes on all taxable
pro��erty in the City in the amount of such deficiency. Tf the
bal��nce in the Debt Service Account is ever insufficient to pay
10464
1'7
5R
all principal and interest then due on the Bonds and any other
boncs payable therefrom, the deficiency shall be promptly paid
out of any other funds of the City which are available for such
pur�ose, and such other funds may be reimbursed with or without
interest from the Debt Service Account when a sufficient balance
is �vailable therein.
19. Records and Certificates. The officers of the
Cit� are hereby authorized and directed to prepare and furnish to
the Purchaser, and to the attorneys approving the legality of the
isstance of the Bonds, certified copies of all proceedings and
reccrds of the City relating to the Bonds and to the financial
concition and affairs of the City, and such other affidavits,
certificates and information as are required to show the facts
rel�ting 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
cop:es, certificates and affidavits, including any heretofore
furrished, shall be deemed representations of the City as to the
facts recited therein.
20. Negative Covenant as to Use of Improvements. The
Cit} hereby covenants not to use the Improvements or to cause or
perrit the Improvements to be used, or to enter into any deferred
payrent arrangements for the cost of the Improvements, in such a
manrer as to cause the Bonds to be "private activity bonds"
witYin the meaning of Sections 103 and 141 through 150 of the
CodE .
21. '�ax-Exempt Status of the Bonds; Rebate. The City
sha�l comply with requirements necessary under the Code to
est�blish and maintain the exclusion from gross income under
Section 103 of the Code of the interest on the Bonds, including
witYout limitation (1) requirements relating to temporary periods
for investments, (2) limitations on amounts invested at a yield
gre�ter than the yield on the Bonds, and (3) the rebate of excess
investment earnings to the United States if the Bonds (together
witY other obligations reasonably expected to be issued and
out:tanding at one time in this calendar year) exceed the
sma71-issuer exception amount of $5,000,000. For purposes of
qua]ifying for the small issuer exception to the federal
arb�trage rebate requirements, the City hereby finds, determines
and declares that (1) the Bonds are issued by a governmental unit
witY general taxing powers, (2) no Bond is a private activity
bonc, (3) ninety-five percent (95�) or more of the net proceeds
of the Bonds are to be used for local governmental activities of
the City (or of a governmental unit the jurisdiction of which is
ent�rely within the jurisdiction of the City), and (4) the
aggiegate face amount of all tax-exempt obligations (other than
pri�ate activity bonds) issued by the City (and all entities
subcrdinate to, or treated as one issuer with, the City) during
the 1991 calendar year is not reasonably expected to exceed
10464
18
$5,)00,000, all within the meaning of Section 148(f)(4)(C) of the
Cod :.
22. Desiq,nation of 4ualified Tax-Exempt Oblictations.
In �rder to qualify the Bonds as "qualified tax-exempt
oblLgations" within the meaning of Section 265(b)(3) of the Code,
the City hereby makes the following factual statements and
rep�esentations: .
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as
defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified
tax-exempt obligations" for purposes of Section 265(b)(3) of
the Code;
(d) the reasonably anticipated amount of tax-exempt
obligations (other than private activity bonds, treating
qualified 501(c)(3) bonds as not being private activity
bonds) which will be issued by the City (and all entities
subordinate to, or treated as one issuer with, the City)
during calendar year 1991 will not exceed $10,000,000; and
(e) not more than $10,000,000 of obligations issued or
to be issued by the City during calendar year 1991 have been
designated for purposes of Section 265(b)(3) of the Code.
The City shall use its best efforts to comply with any federal
pro�edural requirements which may apply in order to effectuate
the designation made by this paragraph.
23. Severabilitv. If any section, paragraph or
pro✓ision of this Resolution shall be held to be invalid or
uneaforceable 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. Headinas. Headings in this
included for convenience of reference only
define the meaning of any provision hereof.
5S
Resolution are
and shall not limit or
Adopted this lOth day of December, 1990, by the Fridley
City Council.
1046�
19
5T
C E R T I F I C A T I 0 N
C, Shirley Haapala, the City Clerk of the City of Fridley,
Minneaota, do hereby certify the following:
Che foregoing is true and correct copy of an extract of City
Council minutes containing a certain resolution which is on file
and oE record in the offices of the City, which resolution
relatas to the issuance by the City of its $1,615,000 General
Oblig�tion Water Revenue Bonds, Series 1991A, and which was duly
adopt:d by the Council at a regular or special meeting of the
Council held on December 10, 1990. Said meeting was duly called
and regularly held and was open to the public and was held at the
place at which meetings of the Council are regularly held.
introduced the resolution and Council-
member moved its adoption, which motion was
secor3ed by Councilmember The written
presentation and reading of the resolution were waived by
unanimous consent of the Council. A vote being taken on the
moticn, the following members of the Council voted in favor of
the resolution:
and the following voted against the resolution:
Whereupon said resolution was declared duly passed and adopted.
The ioregoing resolution is in full force and effect and no
acticn has been taken by the Council which would in any way alter
or arend the resolution.
WITNESS MY HAND officially as the City Clerk of the City of
Frid:ey, Minnesota, this day of , 1990.
Shirley Haapala
City Clerk
City of Fridley, Minnesota
( S EA: , )
10464
20
FINANCE DEPARTMENT
�r
MEMORANDUM
TO: 1PILLIAM 11. BIIRNB, CITY MANAG$R ��
FROI!: RICHARD D. PRIBYL, FIZ1'ANCB DIRECTOR
SUHJBCT: RESOLIITZON AWARDING TH$ BlILE OF a$NERAL OBLIGATION
I1riPROVEMENT BONDS
DATE: Decamber 6, 1990
Attached is a resolution provided to us by James P. O'Meara from
Bricgs and Morgan. This resolution will award the sale of the
$1,C20,000 General Obligation Improvement Bonds, Series 1991B. The
bid opening will occur at the offices of Springsted, Inc., on
Monc ay, December 10, 1990. The low bidder will be presented to the
Courcil on Monday evening for the formal award of the low bidder.
As �ou might recall in a past Council Meeting, I stated that the
settlement would not occur until 1991. We will receive the
proceeds in approximately the first ten days of January.
Moody's has reevaluated the financial condition of the City, as it
pertains to the issuance of debt, and has once again upheld the
rating of Aa1.
RDP/ me
Attachment
'u
• ',
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF
FRIDLEY, MINNESOTA
Pursuant to due call and notice thereof, a regular or
spec_al meeting of the City Council of the City of Fridley,
MinnESOta, was duly held in the Fridley Municipal Center on
Deceiber 10, 1990, commencing at 7:30 P.M., C.T.
The following Councilmembers were present:
and i.he following were absent:
*** *** ***
The Mayor announced that the meeting was convened in
part for the consideration of the bids which had been received
for i.he purchase of the City's $1,020,000 General Obligation
Impr��vement Bonds, Series 1991B, as advertised for sale. The
City Clerk presented affidavits showing publication of notice of
sale in the City's official newspaper and in Finance and Commerce
and/�►r Northwestern Financial Review, financial papers published
in M.nneapolis, Minnesota, which affidavits were examined, found
sati;;factory, and ordered placed on file.
There was then presented a tabulation of the bids which
had l�een received in the manner specified in the notice of sale
of tlie Bonds. The bids were as follows:
10421
. :
introduced the follow-
ing tesolution, the written presentation and reading of which
were waived by unanimous consent of the Council, and
Coun�ilmember moved its adoption:
RESOLUTION NO.
RESOLUTION PROVIDING FOR THE
ISSiJANCE AND SALE OF
$1,020,000 GENERAL OBLIGATION IMPROVEMENT
BONDS, SERIES 1991B
BE IT RESOLVED by the City Council (the "Council") of
the :ity of Fridley, Minnesota (the "City"), as follows:
1. It is hereby determined:
(a) That the assessable public improvement projects
(the "Improvements") described in the Council's
November 5, 1990, resolution relating to these
Bonds have been duly ordered by the City and have
been constructed by the City or will be
constructed under contracts which the City has or
will let therefor, all pursuant to and in
accordance with Minnesota Statutes, Chapter 429.
(b) That is it necessary and expedient to the sound
financial management of the affairs of the City
that the City issue its bonds pursuant to
Minnesota Statutes, Chapters 429 and 475, to
provide financing for the Improvements.
(c) The Improvements and all their components have
been ordered on or prior to the date hereof, after
a hearing thereon for which mailed and published
notice was duly given as required by law
describing the Improvements and all their
components by general nature, estimated cost, and
area to be assessed.
2. Acceptance of Offer. The bid of
(the "Purchaser") to purchase the City's
$1,0!0,000 General Obligation Improvement Bonds, Series 1991B
(the "Bonds"), as described in the notice of sale thereof, is
here:>y found and determined to be the highest and best bid
rece.ved pursuant to duly advertised notice of sale and shall be
and .s hereby accepted, such bid being to purchase the Bonds at a
pric� of $ plus accrued interest to date of
�o4z�
2
�
del5very, the Bonds to bear interest, to mature in the years and
amo�nts, and to be subject to such other terms and conditions as
hereinafter provided. The sum of $ , being the amount
bid in excess of $1,004,700, shall be credited to the Debt
Ser�ice Account hereinafter created. The City Finance Director
is cirected to retain the good faith check of the Purchaser
pencing completion of the sale and delivery of the Bonds and to
retLrn the checks of the unsuccessful bidders forthwith.
3. Title; OriQinal Issue Date; Denominations;
Maturities. The Bonds shall be titled "General Obligation
Impr�vement Bonds, Series 1991B," shall be dated January 1, 1991,
as the date of original issue and shall be issued forthwith on or
after such date as fully registered bonds. The Bonds shall be
num��red 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
1992
1993
1994
1995
1996
1997
1998
Amount
$80,000
85,000
85,000
85,000
85,000
90,000
90,000
Year
1999
2000
2001
2002
2003
2004
2005
Amount
$90,000
90,000
90,000
40,000
35,000
35,000
40,000
4. Purpose. The Bonds shall provide funds to finance
the [mprovements. The total cost of the Improvements, which
sha1L include all costs enumerated in Minnesota Statutes, Section
475.i5, is estimated to be at least equal to the amount of the
Bond�. Work on the Improvements shall proceed with due diligence
to c �mpletion.
5. Interest. The Bonds shall bear interest payable
semitnnually on February 1 and August 1 of each year (each, an
"Intarest Payment Date"), commencing August 1, 1991, calculated
on t:ie basis of a 360-day year consisting of twelve 30-day
mont:is, at the respective rates per annum set forth opposite the
matu-ity years, as follows:
�o4zt
3
. �
Maturity
Year
1991
1992
1993
1994
1995
1996
1997
Interest
Rate
%
Maturity
Year
1998
1999
2000
2001
2002
2003
2004
2005
Interest
Rate
�
6. Redemption. All Bonds maturing after February 1,
200C, shall be subject to redemption and prepayment at the option
of the City on said date and on any date thereafter at a price of
par plus accrued interest to date of redemption. Redemption may
be �n whole or in part of the Bonds subject to prepayment. If
redEmption is in part, the City shall determine the amount of
Boncs of each maturity to be prepaid; and if only part of the
Boncs having a common maturity date are called for prepayment,
the specific Bonds to be prepaid shall be chosen by lot by the
Bonc Registrar. Bonds or portions thereof called for redemption
shall be due and payable on the redemption date, and interest
thezeon shall cease to accrue from and after the redemption date.
Pub]ished notice of redemption shall in each case be given in
acccrdance with law, and mailed notice of redemption shall be
given to the paying agent and to each affected registered owner
of the Bonds.
To effect a partial redemption of Bonds having a common
matLrity date, the Bond Registrar, prior to giving notice of
redEmption, shall assign to each Bond of that maturity a
distinctive number for each $5,000 of the principal amount of
sucY Bond. The Bond Registrar shall then select by lot, using
suct method of selection as it shall deem proper in its
discretion, from the numbers so assigned to such Bonds, as many
numkers as, at $5,000 for each number, shall equal the principal
amoLnt of such Bonds to be redeemed. The Bonds to be redeemed
shall be the Bonds to which were assigned numbers so selected;
pro�ided, however, that only so much of the principal amount of
eacr 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,
dul� authorized in writing) and the City shall execute (if
necessary) and the Bond Registrar shall authenticate and deliver
to4z�
4
6E
to tYe registered owner of such Bond, without service charge, a
new iond or Bonds of the same series having the same stated
matuzity and interest rate and of any authorized denomination or
denorinations, as requested by such registered owner, in
aggrEgate principal amount equal to and in exchange for the
unreceemed portion of the principal of the Bond so surrendered.
7. Bond ReQistrar.
, in , , is appointed to act as
bond registrar and transfer agent with respect to the Bonds (the
"Bonc 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
here�ith. The Bond Registrar shall also serve as paying agent
unle:s and until a successor paying agent is duly appointed. The
principal of and interest on the Bonds shall be paid to the
regi:tered owners (or record owners) of the Bonds in the manner
set iorth in the form of Bond and paragraph 13 of this
Reso] ution.
8. Form of Bond. The Bonds, together with the Bond
Regi:trar's Certificate af Authentication, the form of Assignment
and the registration information thereon, shall be in
substantially the following form:
t0421
5
sF
R-
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
$
GENERAL OBLIGATION IMPROVEMENT
BOND, SERIES 1991B
INT EREST MP,TURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
January l, 1991
REGISrERED OWNER:
PRINCIPAL AMOUNT:
�.� ���
The City of Fridley, Anoka County, Minnesota (the
"City"), hereby acknowledges itself to be indebted and, for value
received, promises to pay to the registered owner specified
above, or registered assigns, in the manner hereinafter set
fortl-, the principal amount specified above on the maturity date
specified above, unless duly called for earlier redemption, and
to p�y interest thereon semiannually on February 1 and August 1
of each year (each, an "Interest Payment Date"), commencing
Augu�t 1, 1991, at the rate per annum specified above (calculated
on tYe basis of a 360-day year consisting of twelve 30-day
montYs) 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 keen paid, from the date of original issue hereof. The
principal of and premium, if any, on this Bond are payable upon
presentation and surrender hereof at the principal office of
, in
, (the "Bond Registrar"), acting as
payirg 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 �erson in whose name this Bond is registered (the "Registered
Owne�") on the registration books of the City maintained by the
Bond Registrar and at the address appearing thereon at the close
of bisiness on the fifteenth day of the calendar month preceding
such Interest Payment Date (the "Regular Record Date"). Any
inte��est not so timely paid shall cease to be payable to the
persc�n who is the Registered Owner hereof as of the Regular
10421
6
��d Date, and shall be payable to the person who is the
Regi�tered Owner hereof at the close of business on a date (the
"Spe;ial Record Date") fixed by the Bond Registrar whenever money
becoles available for payment of the defaulted interest. Notice
of tie Special Record Date shall be given to Registered Owners
not .ess than ten days prior to the Special Record Date. The
prin:ipal of and premium, if any, and interest on this Bond are
paya�le 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 .�LL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
IT IS HEREBY CERTIFIED AND RECITED that all acts,
cond_tions and things required by the Constitution and laws of
the ,>tate of Minnesota and the Home Rule Charter of the City to
be d��ne, to have happened and to be performed, precedent to and
in t�ie issuance of this Bond, have been done, have happened and
have been performed in regular and due form, time and manner as
requ.red by law, and that this Bond, together with all other
inde'.�tedness of the City outstanding on the date of original
issu�� hereof and the date of its actual issuance and delivery to
the �►riginal purchaser, does not exceed any constitutional,
stat��tory, or Charter limitation of indebtedness.
IN WITNESS WHEREOF, the City of Fridley, Anoka County,
Minn��sota, by its City Council, has caused this Bond to be
exec�ited on its behalf by the facsimile signatures of its Mayor
and :.ts City Manager; has caused the corporate seal of the City
to b�: intentionally omitted herefrom, as permitted by law; and
has c:aused this Bond to be executed manually by the Bond
Regi:,trar, acting as the City's duly appointed authenticating
ageni . for the Bonds .
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Date of Registration:
BOND REGISTRAR'S
CERT :FICATE OF
AUTH,NTICATION
This Bond is one of the
Bond� described in the
Reso.ution mentioned
with _n.
Bond Registrar �
By� ;/ Manual
Au�.horized Signature
to4zt
Registrable by:
Payable at:
CITY OF FRIDLEY,
ANOKA COUNTY,
MINNESOTA
ls/ Facsimile
Mayor
�s/ Facsimile
City Manager
ON REVERSE OF BOND
I hereby certify that the foregoing is a full,
true, and correct copy of the legal opinion executed by
the above-named attorneys, except as to the dating
thereof, which opinion has been handed to me for filing
in my office prior to the time of delivery of the
Bonds.
Lfacsimile signature)
City Clerk
City of Fridley, Minnesota
s
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s�
Redemption. All Bonds of this issue maturing after
Febrtary 1, 2000, are subject to redemption and prepayment at the
opticn of the City on said date and on any date thereafter at a
pricE of par plus accrued interest to date of redemption.
Rederption may be in whole or in part of the Bonds subject to
prep�yment. If redemption is in part, the City shall determine
the emount of Bonds of each maturity to be prepaid; and if only
part of the Bonds having a common maturity date are called for
prep�yment, the Bonds of that maturity to be prepaid shall be
chosEn by lot by the Bond Registrar. Bonds or portions thereof
called for redemption shall be due and payable on the redemption
date, and interest thereon shall cease to accrue from and after
the zedemption date. Published notice of redemption shall in
each case be given in accordance with law, and mailed notice of
redenption shall be given to the paying agent and to each
affected registered owner of the Bonds.
Selection of Bonds for RedemQtion; Partial Redemption.
To effect a partial redemption of Bonds having a common maturity
date, the Bond Registrar shall assign to each Bond of that
matuiity a distinctive number for each $5,000 of the principal
amourt of such Bond. The Bond Registrar shall then select by
lot, using such method of selection as it shall deem proper in
its ciscretion, from the numbers assigned to the Bonds, as many
numbErs as, at $5,000 for each number, shall equal the principal
amourt of such Bonds to be redeemed. The Bonds to be redeemed
shal] be the Bonds to which were assigned numbers so selected;
prov�ded, however, that only so much of the principal amount of
such Bond of a denomination of more than $5,000 shall be redeemed
as sYall 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
Regi:trar so requires, a written instrument of transfer in form
sati�factory to the City or Bond Registrar duly executed by the
regi:tered owner thereof or the registered owner's attorney duly
authcrized in writing), and the City shall execute (if necessary)
and the Bond Registrar shall authenticate and deliver to the
regi:tered owner of such Bond, without service charge, a new Bond
or Bcnds of the same series having the same stated maturity and
inteYest rate and of any authorized denomination or
denoninations, as requested by such registered owner, in
aggregate principal amount equal to and in exchange for the
unreceemed portion of the principal of the Bond so surrendered.
Issuance: Purt�ose; General Obligation. This Bond is
one cf an issue in the total principal amount of $1,020,000, all
of like date of original issue and tenor, except as to
regi�tration number, maturity, interest rate, denomination and
�o4z�
9
redenption privilege, which Bond has been issued pursuant to and
in fLll conformity with the Constitution and laws of the State of
MinnESOta and the Charter of the City and pursuant to a
resolution adopted by the City Council on December 10, 1990 (the
"Resclution"), for the purpose of providing money to finance
certain costs of assessable public improvements within the City.
This Bond constitutes a general obligation of the City, and to
provide moneys for the prompt and full payment of its principal,
premium, if any, and interest when the same become due, the full
faiti and credit and taxing powers of the City have been and are
hereky irrevocably pledged.
�
Denominations; Exchange; Resolution. The Bonds are
issu�ble solely as fully registered bonds in the denominations of
$5,000 and integral multiples thereof of a single maturity and
are Exchangeable for fully registered bonds of other authorized
denoninations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner
and :ubject to the limitations provided in the Resolution.
Refeience is hereby made to the Resolution for a description of
the iights and duties of the Bond Registrar. Copies of the
Reso]ution are on file in the principal office of the Bond
Regi: trar.
Transfer. This Bond is transferable by the Registered
Ownez in person or by the Registered Owner's attorney duly
authcrized in writing at the principal office of the Bond
Regi:trar upon presentation and surrender hereof to the Bond
Regi:trar, all subject to the terms and conditions provided in
the iesolution and to reasonable regulations of the City
cont�ined in any agreement with the Bond Registrar. Thereupon
the city shall execute and the Bond Registrar shall authenticate
and celiver, in exchange for this Bond, one or more new fully
regi:tered Bonds in the name of the transferee (but not
regi:tered in blank or to "bearer" or similar designation), of an
authcrized denomination or denominations, in aggregate principal
amoui.t equal to the principal amount of this Bond, of the same
matu�ity and bearing interest at the same rate.
Fees uvon Transfer or Loss. The Bond Registrar may
requ:re payment of a sum sufficient to cover any tax or other
gove��nmental charge payable in connection with the transfer or
exch<.nge of this Bond and any legal or unusual costs regarding
tran:�fers and lost Bonds.
Treatment of Recsistered Owners. The City and Bond
Regi:,trar may treat the person in whose name this Bond is
regi:�tered as the owner hereof for the purpose of receiving
paym�:nt as herein provided (except as otherwise provided on the
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6K
reverse side hereof with respect to the Record Date) and for all
othez purposes, whether or not this Bond shall be overdue, and
neitier the City nor the Bond Registrar shall be affected by
notice to the contrary.
Authentication. This Bond shall not be valid or become
oblicatory for any purpose or be entitled to any security unless
the certificate of Authentication hereon shall have been executed
by tYe Bond Registrar. �
Oualified Tax-Exempt Obligations. The Bonds have been
desicnated by the City as "qualified tax-exempt obligations" for
purpcses of Section 265(b)(3) of the Internal Revenue Code of
1986, as amended.
ABBREVIATIONS
The following abbreviations, when used in the inscription on
the iace of this Bond, shall be construed as though they were
written out in full according to applicable laws or regulations:
TEN c OM - as tenants in common
TEN iNT - as tenants by the entireties
JT TiN - 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.
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6L
ASSIGNMENT
For value received, the undersigned hereby sells,
assigns and transfers unto
the within Bond and does
herEby irrevocably constitute and appoint �S
attcrney to transfer the Bond on the books kept for the
registration thereof, with full power of substitution in the
pren ises .
Date d:
Natice: 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:
Sign3ture(s) must be guaranteed by a national bank or trust
comp3ny or by a brokerage firm having a membership in one of the
major stock exchanges.
The Bond Registrar
unless the information
is p rovided.
Name and Address:
will not effect transfer of this Bond
concerning the transferee requested below
(Include information for all joint owners
if the Bond is held by joint account.)
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9. Execution; Temporary Bonds. The Bonds shall be
execited on behalf of the City by the signatures of its Mayor and
City Manager and be sealed with the seal of the City; provided,
howe��er, that the seal of the City may be a printed facsimile;
and ;�rovided further that both of such signatures may be printed
facs.miles and the corporate seal may be omitted on the Bonds as
perm.tted by law. In the event of disability or resignation or
othe:• absence of either such officer, the Bonds may be signed by
the ��anual or facsimile signature of that officer who may act on
beha:.f of such absent or disabled officer. In case either such
offi�:er whose signature or facsimile of whose signature shall
appe:�r on the Bonds shall cease to be such officer before the
deli��ery of the Bonds, such signature or facsimile shall
neve:�theless be valid and sufficient for all purposes, the same
as i:' he or she had remained in office until delivery. The City
may �:lect to deliver, in lieu of printed definitive bonds, one or
more typewritten temporary bonds in substantially the form set
fortl� above, with such changes as may be necessary to reflect
more than one maturity in a single temporary bond. Such
tempc�rary bonds shall, upon the printing of the definitive bonds
and i.he execution thereof, be exchanged therefor and cancelled.
10. Authentication. No Bond shall be valid or
oblicatory for any purpose or be entitled to any security or
bene,it under this Resolution unless a Certificate of
AuthEntication on such Bond, substantially in the form
here:nabove set forth, shall have been duly executed by an
authcrized representative of the Bond Registrar. Certificates of
AuthEntication on different Bonds need not be signed by the same
perscn. The Bond Registrar shall authenticate the signatures of
officers of the City on each Bond by execution of the Certificate
of Atthentication on the Bond and by inserting as the date of
regi:tration in the space provided the date on which the Bond is
authenticated, except that for purposes of delivering the
orig:nal Bonds to the Purchaser, the Bond Registrar shall insert
as a date of registration the date of original issue, which date
is September 1, 1990. The Certificate of Authentication so
exectted on each Bond shall be conclusive evidence that it has
been authenticated and delivered under this Resolution.
The City Clerk shall obtain a copy of the proposed
apprcving legal opinion of bond counsel, Briqgs and Morgan,
Professional Association, St. Paul, Minnesota, which shall be
comp]ete except as to dating thereof, shall cause such opinion to
be filed in the offices of the City, and shall cause said opinion
to be printed on each of the Bonds, together with a certificate
to be signed by the facsimile signature of the City Clerk in
substantially the form set forth in the foregoing form of the
Bond� .
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11. Reaistration; Transfer; Exchanae. The City will
cau:e to be kept at the principal office of the Bond Registrar a
bonc register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall
pro�ide for the registration of Bonds and the registration of
trarsfers of Bonds entitled to be registered or transferred as
here in provided.
Upon surrender .for transfer of any Bond at the
pritcipal 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
dencminations of a like aggregate pr•incipal amount, having the
same stated maturity and interest rate, as requested by the
trarsferor; provided, however, that no Bond may be registered in
blark or in the name of "bearer" or similar designation.
At the option of the registered owner thereof, Bonds
may �e exchanged for Bonds of any authorized denomination or
denaninations of a like aggregate principal amount and stated
maturity, upon surrender of the Bonds to be exchanged at the
prin�ipal office of the Bond Registrar. Whenever any Bonds are
so slrrendered for exchange, the City shall execute (if
neceasary), and the Bond Registrar shall authenticate, insert the
date of registration of, and deliver the Bonds which the
regiatered owner making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer
provided for in this Resolution shall be promptly cancelled by
the 3ond Registrar and thereafter disposed of as directed by the
City ,
All Bonds delivered in exchanqe for or upon transfer of
Bond� shall be valid general obligations of the City evidencing
the same debt, and entitled to the same benefits under this
Reso.ution, as the Bonds surrendered for such exchange or
tran �fer.
Every Bond presented or surrendered for transfer or
exch.�nge shall be duly endorsed or be accompanied by a written
inst-ument of transfer, in form satisfactory to the Bond
Regi:�trar, duly executed by the registered owner thereof or the
regi;;tered owner's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum
suff..cient to cover any tax or other governmental charge gayable
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• �
in connection with the transfer or exchange of any Bond and any
leg�l or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regula-
tiors of the City contained in any agreement with the Bond
Reg�strar, including regulations which permit the Bond Registrar
to close its transfer books between record dates and payment
datE s .
12. Riqhts U�on Transfer or Exchancxe. 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 Band.
13. Interest Payment; Record Date. Interest on any
Bon6 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
Reccrd Date, and shall be payable to the person who is the
regi�tered owner thereof at the close of business on a date (the
"Spe�ial Record Date") fixed by the Bond Registrar whenever money
becones available for payment of the defaulted interest. Notice
of t1e Special Record Date shall be qiven by the Bond Registrar
to tze registered owners not less than ten (10) days prior to the
Special Record Date.
14. Treatment of Reqistered Owner. The City and Bond
Registrar may treat the person in whose name any Bond is
regiatered as the owner of such Bond for the purpose of receiving
paymant of principa� 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
Regi�trar shall be affected by notice to the contrary.
15. Delivery; Apolication of Proceeds. The Bonds when
so p�epared and executed shall be delivered by the City Finance
Dire:tor to the Purchaser upon receipt of the purchase price, and
the ?urchaser shall not be obliged to see to the proper
appllcation thereof.
16. Fund and Accounts. There is hereby created a
spec'.al fund of the City designated the "$1,020,000 General
Obli��ation Improvement Bonds, Series 1991B Fund" (the "Fund") to
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15
. '
be held and administered by the City as a bookkeeping account
separate and apart from all other funds maintained in the
offi�ial financial records of the City. The Fund shall continue
to �e maintained in the manner herein specified until all of the
Bonds herein authorized and all other bonds payable from said
Fund and the interest thereon have been fully paid. There shall
be n3intained in the Fund two (2) separate accounts, to be
desi�nated the "Capital Account" and "Debt Service Account",
res�:ctively.
(i) Capital Account. To the Capital Account there shall be
credited the proceeds of the sale of the Bonds, less accrued
interest received thereon, and less any amount paid for the Bonds
in eKCess of $1,004,700, and less capitalized interest in the
amoult of $ � (together with interest earnings thereon
and �ubject to such other adjustments as are appropriate to
provide sufficient funds to pay interest first coming due on the
Bonds), plus any special assessments levied with respect to the
Impr�vements and collected prior to completion of the Improve-
ments and payment of the costs thereof. From the Capital Account
ther� shall be paid all costs and expenses of making the
Impr�vements, including the cost of any construction contracts
heretofore let and all other costs incurred and to be incurred of
the tind authorized in Minnesota Statutes, Section 475.65; and
the noneys in said account shall be used for no other purpose
exce�t as otherwise provided by law; provided that the proceeds
of tze Bonds may also be used ta the extent necessary to pay
interest on the Bonds due prior to the anticipated date of
comm�ncement of the collection of taxes or special assessments
herein levied or covenanted to be levied; and provided further
that if upon completion of the Improvements there shall remain
any inexpended balance in the Capital Account, the balance (other
than any special assessments) may be transferred by the Council
to tle fund of any other improvement instituted pursuant to
Minnasota Statutes, Chapter 429; and provided further that any
special assessments credited to the Capital Account shall only be
applied towards payment of the costs of the Improvements upon
adop:ion of a resolution by the City Council determining that the
application of the special assessments for such purpose will not
causa the City to no longer be in compliance with Minnesota
Statites, Section 475.61, Subdivision 1.
(ii) Debt Service Account. There are hereby irrevocably
appr�priated and pledged to, and there shall be credited to, the
Debt Service Account: (a) all collections of special assessments
hereLn covenanted to be levied with respect to the Improvements
and :ither initially credited to the Capital Account and not
alreidy spent as permitted above and required to pay any
prin:ipal and interest due on the Bonds or collected subsequent
�o�zi
16
. !
to the completion of the Improvements and payment of the costs
there�f; (b) all accrued interest received upon delivery of the
Bonds; (c) all funds paid for the Bonds in excess of $1,004,700;
(d) capitalized interest in the amount of $ (together
with interest earnings thereon and subject to such other
adjustments as are appropriate to provide sufficient funds to pay
interest first coming due on the Bonds); (e) any collections of
all taxes herein or hereafter levied for the payment of the Bonds
and interest thereon; (f)�all funds remaining in the Capital
Account after completion of the Improvements and payment of the
cost� thereof, not so transferred to the account of another
imprcvement; (g) all investment earnings on funds held in the
Debt Service Account; and (h) any and all other moneys which are
propErly available and are appropriated by the Council to the
Debt Service Account. The Debt Service Account shall be used
sole]y to pay the principal and interest and any premiums for
redenption of the Bonds and any other general obligation bonds of
the City hereafter issued by the City and made payable from said
accoLnt as provided by law.
No portion of the proceeds of the Bonds shall be used
directly or indirectly to acquire higher yielding investments or
to replace funds which were used directly or indirectly to
acquire higher yielding investments, except (1) for a reasonable
temperary period until such proceeds are needed for the purpose
for �hich the Bonds were issued and (2) in addition to the above
in ar amount not greater than the lesser of five percent (5�) of
the Froceeds of the Bonds or $100,000. To this effect, any
procEeds of the Bonds and any sums from time to time held in the
Construction Subaccount or Debt Service Account in excess of
amourts which under then-applicable federal arbitrage regulations
may Ye invested without regard to yield shall not be invested at
a yield in excess of the applicable yield restrictions imposed by
said arbitrage regulations on such investments after taking into
accolnt any applicable "temporary periods" or "minor portion"
made available under the federal arbitrage regulations. Money in
the Fund shall not be invested in obligations or deposits issued
by, cuaranteed by or insured by the United States or any agency
or irstrumentality thereof if and to the extent that such
inve:tment would cause the Bonds or any Additional Bonds to be
"federally guaranteed" within the meaning of Section 149(b) of
the iederal Internal Revenue Code of 1986, as amended (the
"CodE " ) .
17. Assessments. It is hereby determined that no less
than twenty percent (20�) of the cost to the City of the
Imprcvements financed hereunder within the meaning of Minnesota
Statttes, Section 475.58, Subdivision 1(3), shall be paid by
spec�al assessments heretofore levied or to be levied hereafter
�o4zt
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agairst every assessable lot, piece and parcel of land benefitted
by ary of the Improvements. The City hereby covenants and agrees
that it will let all construction contracts not heretofore let
within one (1) year after ordering each Improvements financed
hereLnder unless the resolution ordering said Improvement
specifies a different time limit for the letting of construction
contYacts. The City hereby further covenants and agrees that it
will do and perform as soon as they may be done, all acts and
thincs necessary for the final and valid levy of such special
asse:sments, and in the event that any such assessment be at any
time held invalid with respect to any lot, piece or parcel of
land due to any error, defect, or irregularity in any action or
procEedings taken or to be taken by the City or the Council or
any cf the City officers or employees, either in the making of
the �ssessments or in the performance of any condition precedent
therEto, the City and the Council will forthwith do all further
acts and take all further proceedings as may be required by law
to m�ke the assessments a valid and binding lien upon such
prope rty .
At the time all of the assessments are in fact levied
the council shall, based on the then-current estimated col-
lect:ons of the assessments, make any adjustments in any ad
valo�em taxes required to be levied in order to assure that the
City continues to be in compliance with Minnesota Statutes,
Sect:on 475.61, Subdivision 1.
18. 105� Debt Service Coveraae. It is hereby
dete�znined that the estimated collections of special assessments
relal.ing to the Improvements, together with the capitalized
inte�•est and other funds described in paragraphs 16(ii)(b), (c)
and d) of this Resolution, will produce at least 5� in excess of
the �.mount needed to meet, when due, the principal of and
inte�•est on the Bonds, and accordingly no ad valorem tax levy is
requ:.red at this time. The City Clerk is directed to file a
cert:.fied copy of this Resolution with the County Auditor of
Anok�. County and to obtain the certificate of said official
requ:.red by Minnesota Statutes, Section 475.63.
19. General Obligation Pledae. The full faith and
cred..t and taxing powers of the City are hereby pledged to the
paym�:nt of the principal of and interest on the Bonds, and in the
even�: 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
prop�:rty in the City in the amount of such deficiency. If the
bala:ice in the Debt Service Account is ever insufficient to pay
all �>rincipal and interest then due on the Bonds and any other
bond;c payable therefrom, the deficiency shall be promptly paid
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6S
out of any other funds of the City which are available for such
pur��ose, and such other funds may be reimbursed with or without
intErest from the Debt Service Account when a sufficient balance
is �vailable therein.
20, �ecords and Certificates. The officers of the
Cit} are hereby authorized and directed to prepare and furnish to
the Purchaser, and to the attorneys approving the legality of the
iss�ance of the Bonds, certified copies of all proceedings and
reccrds of the City relating to the Bonds and to the financial
concition and affairs of the City, and such other affidavits,
certificates and information as are required to show the facts
rel�ting to the legality and marketability of the Bonds as the
samE appear from the books and records under their custody and
cantrol or as otherwise known to them, and all such certified
cop�es, certificates and affidavits, including any heretofore
furrished, shall be deemed representations of the City as to the
facts recited therein.
21. NeQative Covenant as to Use of Imorovements. The
Cit� hereby covenants not to use the Improvements or to cause or
pernit the Improvements to be used, or to enter into any deferred
paynent arrangements for the cost of the Improvements, in such a
manr.er as to cause the Bonds to be "private activity bonds"
within the meaning of Sections 103 and 141 through 150 of the
Code.
22. �ax-Exem�t 5tatus of the Bonds; Rebate. The City
shall comply with requirements necessary under the Code to
esta�lish and maintain the exclusion from gross income under
Section 103 of the Code of the interest on the Bonds, including
with�ut limitation (1) requirements relating to temporary periods
for investments, (2) limitations on amounts invested at a yield
greater than the yield on the Bonds, and (3) the rebate of excess
investment earnings to the United States if the Bonds (together
with other obligations reasonably expected to be issued and
outs�anding at one time in this calendar year) exceed the
sma1L-issuer exception amount of $5,000,000. For purposes of
qualifying for the small issuer exception to the federal
arbi=rage rebate requirements, the City hereby finds, determines
and ieclares that (1) the Bonds are issued by a governmental unit
with general taxing powers, (2) no Bond is a private activity
bond, (3) ninety-five percent (95�) or more of the net proceeds
of tie Bonds are to be used for local governmental activities of
the :ity (or of a governmental unit the jurisdiction of which is
enti�ely within the jurisdiction of the City), and (4) the
aggr:gate face amount of all tax-exempt obligations (other than
priv�te activity bonds) issued by the City (and all entities
subo-dinate to, or treated as one issuer with, the City) during
10421
19
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the �991 calendar year is not reasonably expected to exceed
$5,0)0,000, all within the meaning of Section 148(f)(4)(C) of the
Code,
23. Desiqnation pf Qualified Tax-Exem�t Obliaations.
In o-der to qualify the Bonds as "qualified tax-exempt
obli�ations" within the meaning of Section 265(b)(3) of the Code,
the :ity hereby makes the following factual statements and
reprasentations: �
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as
defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified
tax-exempt obligations" for purposes of Section 265(b)(3) of
the Code;
(d) the reasonably anticipated amount of tax-exempt
obligations (other than private activity bonds, treating
qualified 501(c)(3) bonds as not being private activity
bonds) which will be issued by the City (and all entities
subordinate to, or treated as one issuer with, the City)
during calendar year 1991 will not exceed $10,000,000; and
(e) not more than
to be issued by the City
designated for purposes
$10,000,000 of obligations issued or
during calendar year 1991 have been
of Section 265(b)(3) of the Code.
The �ity shall use its best efforts to comply with any federal
procedural requirements which may apply in order to effectuate
the 3esignation made by this paragraph.
24. Severability. If any section, paragraph or
provision of this Resolution shall be held to be invalid or
uner.forceable for any reason, the invalidity or unenforceability
of such section, paragraph or provision shall not affect any of
the remaining provisions of this Resolution.
25. eadings. Headings in this
included for convenience of reference only
define the meaning of any provision hereof.
Resolution are
and shall not limit or
Adopted this lOth day of December, 1990, by the Fridley
Cit� Council.
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20
su
C E R T I F I C A T I O N
I, Shirley Haapala, the City Clerk of the City of Fridley,
Minn:sota, do hereby certify the following:
The foregoing is true and correct copy of an extract of City
Coun�il minutes containing a certain resolution which is on file
and �f record in the offices of the City, which resolution
rela�es to the issuance by the City of its $1,020,000 General
Obli�ation Improvement Bonds, Series 1991B, and which was duly
adop�ed by the Council at a regular or special meeting of the
Coun�il held on December 10, 1990. Said meeting was duly called
and regularly held and was open to the public and was held at the
placa at which meetings of the Council are regularly held.
introduced the resolution and Council-
membar moved its adoption, which motion was
secozded by Councilmember . The written
pres:ntation and reading of the resolution were waived by
unanimous consent of the Council. A vote being taken on the
moti�n, the following members of the Council voted in favor of
the resolution:
and �he following voted against the resolution:
Wheraupon said resolution was declared duly passed and adopted.
The Eoregoing resolution is in full force and effect and no
acti�n has been taken by the Council which would in any way alter
or anend the resolution.
WITNESS MY HAND officially as the City Clerk of the City of
Fridley, Minnesota, this day of , 1990.
Shirley Haapala
City Clerk
City of Fridley, Minnesota
(SEA �)
10421
21
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c�nroF
fRlDLEY
Dl�TE ;
TO:
C011/WIUNITY DEVELOPMENT
DEPARTMENT
MEMQRANDUM
November 6,. 1990
� �.
William Burns, City Manaqer �
FROM Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planninq Assistant
BIIBJ�;CT: Variance Request, VAR �90-30, by Pat and Rita Boyle
Attac:hed is the staff report for the above request. The Appeals
Comm:ssion voted unanimously to recommend approval of the request
to t2.e City Council.
The �etitioner has an opportunity to place the building in a
local�ion that would meet Code. Staff recommends that the City
Council deny the variance request to reduce the side yard setback
from 17.5 feet to 4.5 feet.
MM:1:
M-90• 790
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��N�F
FRiDLEY
��
�REQUES�r
PERMIT NUMB =R
APPLICANT
PROPOSEO R1:QUEST
LOCATION
STAFF REPORT
APPEALS DATE ��r 30, �go
PLAt�IVG CONMVNSSION DATE
CITY COI�VqL DATE November 19,
SITE DA' �A
SIZE
DENSITY
PRESENT ZON NG
ADJACENT Lp ND USES
8� ZONWG
UTLfTES
PARK DEDICA' 'ION
ANALYS' S
FINANCIAL IMP JCATIONS
CONFORMANC E TO
COMPREI-� JSNE PLAN
COMPATBILRI WITH
ADJACENT U� ES 8� ZONNG
ENVIRONMENT 4L
CONSIDE RATIONS
STAFF RECOh IMEI�ATION
APPEALS REC� )MMENDATION
PLANNqVG COI IIMISSlON
RECC �AMENDATION
VAR #90-30
�� rM�t:ls
Pat and Rita Bayle
'Ib reduc�e the required side yard setback fran 17.5 feet
tr� 4.5 feet
6261 RainUow Urive N.E.
R-1, Single Family Dw�elling
R-1, Single Fa�nily Dwelling, to the N, W, & S; University
Avenue to the E
Yes
Denial
Approval
7A
Staf ' Report
VAR k90-30, 6261 Rainbow Drive N.E. - Pat & Rita Boyle
Page 2
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
B.
C.
Section 205.07.03.D.(2).(a).((i)) requires a side yard width
on a street side of a corner lot to be not less than 17.5
feet.
Public purpose served by this requirement is to maintain a
higher degree of traffic visibility and to reduce the "line
of sight" encroachment into the neighbor's front yard.
STATED HARDSHIP:
"To allow the construction of a second accessory building in
line with garage to utilize existing driveway"
ADMINISTRATIVE STAFF REVIEW:
Request
The petitioners, Pat and Rita Boyle, are requesting that a
variance be granted to reduce the side yard setback from 17.5
feet to 4.5 feet to allow the construction of a 624 square
foot second accessory building on Lot 1, Block 2, Sylvan Hills
Addition, generally located at 6261 Rainbow Drive N.E. The
petitioners have applied for a special use permit for the
accessory building as it is over 240 sq. ft. The Planning
Commission tabled the request due to lack of building plans/
elevations.
Site
The parcel is located at the intersection of Rainbow Drive and
the University Avenue service road. Located on the lot is a
single family dwelling unit with an attached two car garage,
constructed of brick and wood. Also on the lot in the rear
yard is a carport, which the proposed accessory building will
replace. The site is zoned R-1, Single Family Dwelling, as
are the parcels to the south, west, and north.
Analysis
Access to the proposed building would continue to be from the
existing driveway, as the door to the accessory building would
face north. Staff recommended for the special use permit that
the accessory building be located at the rear of the lot
meeting the 17.5 foot setback requirement. There is ample
room on the petitioner's lot to meet the setback requirement.
7B
7C
Staf E Report
VAR �90-30, 6261 Rainbow Drive, Pat & Rita Boyle
Page 3
In addition, the Code allows accessory structures to be placed
three feet from the rear lot line, so the structure would not
need to be constructed in the "middle of the yard". The
petitioner would still be able to access the building from the
existing driveway, but would need to drive across the rear
yard.
Recommendation
As the petitioner has an alternate location for the building
which would meet the code requirement, staff recommends that
the Appeals Commission recommend to the City Council denial
of the variance request to reduce the side yard setback from
17.5 feet to 4.5 feet.
Appeals Commission Action
The Commission voted unanimously to recommend approval of the
variance request to the City Council.
City Council Recommendation
The petitioner has ample room in the rear yard to locate the
proposed accessory building in a way that would meet the Code
requirement. Staff recommends that the City Council deny the
variance request.
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4. �NSTD R�TTON OF VARZANCE REOUEST �/11R #90-30 BY RiTA BOYLE:
Per Section 205.07.03.D.(2).(c). ((1)) of the Fridley City
:ode, to reduce the side yard setback from 17.5 feet to 4.5
Eeet, to allow the construction of a second accessory building
�n Lot 1, Block 2, Sylvan Hills, the same beinq 6261 Rainbow
)rive N.E.
Ms. M:Pherson stated this property is located at the intersection
of REinbow Drive and the West University Avenue Service Drive.
The ��roperty is zoned R-1, Single Family Dwellinq, as is the
propecty to the north, west, and south. University Avenue is to
the e sst.
Ms. �!cPherson stated the petitioner is proposinq to construct a
624 s q. ft. Becond accessory building, and he has applied for a
speciil use permit as the building is over 240 sq. ft. The
Plann ing Commission reviewed the special use permit request in June
and labled the request due to the lack of building plans and
elevations, which the petitioner has now submitted.
Ms. l�cPherson stated that in reviewinq the special use permit,
staff's recommendation is to locate the proposed accessory building
withiz the 17.5 foot Betback at the rear of the parcel. The
petit ioner's request is to reduce the 17 . 5 foot setback to 4. 5 feet
so th3t the accessory buildinq would be Bomewhat in line with the
exist ing qarage. The petitioner would still be able to use the
existinq driveway as the accessory building would face to the
north.
Ms. M�Pherson stated the petitioner has ample room on the property
to meat the 17.5 foot setback. For that reason, staff recommends
that the Commission deny the variance request.
Ms. �!cPherson stated the petitioner's house faces Rainbow Drive;
howev�r, the qaraqe faces east onto the University Avenue Service
Drive. There is a fence runninq alonq the east property line and
a car port along the east side portion of the fence. The car port
structure will be removed with the construction of the second
accessory building.
Ms. M:Pherson stated the petitioner's house is 15 feet to the curb;
howev=r, the right-of-way line is only 4.5 feet from the dwelling
unit itself.
Dr. V�s stated the existing garage and house are 4.5 feet from the
riqht-of-way line and are essentially nonconforming now.
MOTICN by Ms. Smith, aeconded by Dr. Vos, to open the public
heari ng. �
7J
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orox �► vozca vo�rs, az.L vorixa a�rs, vrca-C871IApEjt80�T svscsLa
DECI.i ►RED TSE l[OTIO,T C1IRAIED �iD TSE pOBI.IC HE31AI'TG OPE,1 71T S s SO
P.l�i.
Mr. :�at Boyle stated the biqgest problem is that if they have to
put :he buildinq at the 17.5 foot setback is with the existing
driv�:way, and he would enfl.up with yard on both eides of the qarage
with a driveway in between, which doesn't make sense. He Btated
ther� : is a privacy fence on the east side now, and that will be
torn down and a new fence constructed. The way his lot line and
his i�eighbor's lot lines run, he would not be blockinq the line of
siqh� : for anyone. The proposed accessory buildinq would be in line
with the existing attached qaraqe, and he can then use the existinq
driv�:way in between.
j�O��N by Ms. Smith, seconded by Dr. Vos, to close the public
hear: .ng .
IIPON A VOIC$ VOTE, ALL VOTI�iQ 71Y$, VICB-C8llIRP$RSON �IIECBLE
DECL7 ,RED T8E l[OTION CARRIBD 11I�TD TH8 PIIBLIC SBARINQ CLOBED !1T 8 s 55
P.M.
Dr. '�os stated he looked at the property. His first reaction to
this variance request is that it does not seem very advantageous
to ci op up the line of sight along the service road just to satisfy
the :7.5 foot setback. The house and existing qaraqe are 4.5 feet
from the right-of-way, but with the boulevard, there is about 15
feet to the street. Now, they are aeking the petitioner to go
anotl,er 13 feet, Bo the proposed accessory buildinq would be right
behi��d the house in the middle of the back yard. He believed the
wide��ing of the eervice road must have taken some of the
petil.ioner's property at some point in time, and he would consider
that a hardship. He stated he would recommend approval of the
vari�.nce as requested.
Ms. :�mith stated she is normally reluctant to qrant this large a
vari�,nce. However, because of the service road and the fact that
the Fccessory buildinq would be in the middle of the back yard, it
did ��ot make much eense to adhere to the 17.5 foot setback. The
propc�sed accessory building at the 4.5 foot Betback is not going
to a;'fect the line of sight or be a detriment to anyone else.
Mr. l;uechle stated he concurred that the accessory buildinq would
not affect any sight lines and aesthetically it would be better to
consi ,ruct the accessory buildinq at the side of the yard rather
than in the center of the back yard, not only for the petitioner's
view, but also for his neiqhbor'e. He would recommend approval of
the `�ariance as requested.
MOTI(�� by Ms. Smith, seconded by Dr. Vos, to recommend to City
Counc.il approval of variance request, VAR #90-30, by Pat and Rita
BoylE., per Section 205.07.03.D.(2).(cj. ((1)) of the Fridley City
7K
APP$!�:$ COI�tlII68I0li ILEETING. OCTOHER �Q� 1990 __PAGE 13
Code, to reduce the side yard setback lrom 17.5 feet to 4.5 feet,
to al:.ow the construction of a second accessory buildinq on Lot 1,
Block 2, Sylvan Hills, the same being 6261 Rainbow Drive N.E.
QpON U VOICB VOTB, �l+L VO'1'Z�iO 71Y8, VICB-CH7IIRPERBOli EQECHLE
DECLII� tED TSE 1[OTION C]1RRIED QIil�Nll[OQBLY.
Ms. M�:Pherson stated this�item, along with the special use permit
requei;t, will probably go to the City Council on November 19, 1990.
� � • 1 ���
�OTIO2: by Dr. Vos, seconded by Ms. Smith, to adjourn the meeting.
Upon a voice vote, all votinq aye, Vice-Chairperson Kuechle
decla��ed the motion carried and the October 30, 1990, Appeals
Commiesion meeting adjourned at 9:00 p.m.
Res ectfully s mitted,
�- V
Lyn Saba
Rec rcing Secretary
0
CITY OF FRIDLFY
pLANNING COMMI88ION MEETING, 1dOVSMBER 14, 1990
�.►4ti ��Y�Yti�1��►MYwn�M�►M.►��NwAMti�MN�S�►r��N1►A�Aw1►�Y�►�ArMti�Mti�M�N.YA���M�ti�AM
CALL TO ORDER:
Chai-person Betzold called the November 14, 1990, Planning
Comm'.ssion meeting to order at 7:30 p.m.
ROLL CALL•
Memb�:rs Present: Don Betzold, Dave Kondrick, Dean Saba,
Sue Sherek, Paul Dahlberg, Diane Savage,
Connie Modig
Memb� �rs Absent: None
Othe:•s Present: Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Pat Boyle, 6261 Rainbow Drive N.E.
Jack and Corine Kirkham, 430 - 67th Ave. N.E.
APPRC�VAL OF OCTOBER 24 1.990 PLANNING COMMISSZON MINUTES:
MOTIC�N by Mr. Kondrick, seconded by Mr. Saba, to approve the
Octo2er 24, 1990, Planning Commission minutes as written.
IIPON A VOICE VOTE, ALL VOTINa AYB, CHAIRPERSON BETZOLD DECLARED
THE rOTION CARRIED IINANIMOQSLY.
l. PUBLIC IiEARING• CONSIDERATION OF A SPECIAL USE PERMIT. SP
#90-07 BY PAT AND RITA BOYLE:
Per Section 205.07.O1.C.(1) of the Fridley City Code, to
allow a second accessory building in excess of 240 square
feet on Lot 1, Block 2, Sylvan Hills, generally located at
6261 Rainbow Drive N.E.
MOTION by Mr. Kondrick, seconded by Ms. Sherek, to remove
this item from the table and reopen the public hearing.
OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPSRBON BETZOLD
DECLARED THE MOTION CARRIED lIND THE POBLIC HEARING OPEN AT
7:32 P.M.
Ms. McPherson stated the property is located at the
intersection of Rainbow Drive and the West University Avenue
5ervice Road. The property is zoned R-1, Single Family
Dwelling, as are the parcels to the north, south,-and west.
;Tniversity Avenue is to the east of the property.
: �
PLArNING COMMI88ION ME8TIN6. NpV$MBSR 14, 1990 PAGE 2
Ms. McPherson stated the
construction of a 624 sq.
The Zoning Code requires
for all second accessory
request is to allow the
ft. second accessory building.
that special use permits be granted
buildings over 240 sq. ft.
Ms. McPherson stated this special use permit request was
first heard by the Planning Commission at their June 20,
1990, meeting. At that time, the Commission tabled the
request at the request of the petitioner as there were two
issues that needed to be resolved. One was what the
building would look like, and the other was the final
location of the building.
Ms. McPherson stated staff's proposed location is the
required 17 1/2 feet from the east property line, as well as
3 feet from the rear property line.
Ms. McPherson stated the petitioner submitted a variance
request to the Appeals Commission on October 30, 1990, and
the Appeals Commission voted to recommend to City Council
that the required side yard setback of 17 1/2 feet be
reduced to 4 1/2 feet which will allow the petitioner to
place the accessory building closer to the existing garage.
The City Council will have to take final action on the
variance request on December 10, 1990.
Ms. McPherson stated the petitioner submitted construction
plans which shows the accessory building will be
architecturally consistent with the existing house. The
existing house is built of stone construction, but the
profile of the roof line and basic structure will be
similar. The accessory building could also be painted to be
consistent with the trim on the house.
Ms. McPherson stated staff recommends that the Planning
Commission recommend approval of the special use permit
request, 5P #90-07, to the City Council with three
stipulations:
1.
2.
3.
The accessory building shall be architecturally
consistent with the existing house.
The height of the accessory building shall be
limited to 14 feet.
The variance request, VAR #90-30, by approved by
the City Council. .
sr. Dahlberg asked what happens if the variance request is
iot approved by the City Council.
: �
�'INQ COMMI88ION IS88TINa. NOVBMB$R 14. 1990 PAQE 3
Ms. McPherson stated the accessory building could still go
on the site in the Zocation proposed by staff. There are no
issues of lot coverage or other setback requirements.
Mr. Kondrick asked if the petitioner, Mr. Boyle, was in
agreement with the stipu2ations.
Mr. Boyle stated he had no problem with the stipulations.
Ms. Sherek asked if the petitioner is proposing to put in a
hard surface driveway to the new building or will it be just
for auxiliary storage.
Mr. Boyle stated he has an existing driveway, and if the
variance is approved, he can use the existing driveway for
his existing garage and the proposed accessory building.
The building will be used as a second garage for cars, boat,
etc.
MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the
public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPBRBON BETZOLD
DECLARED THE MOTION Cl�iRRISD 1�i1dD T8E PIIBLIC HEARINQ CLOSED AT
7:38 P.M.
Mr. Dahlberg stated he questioned whether it is appropriate
to include stipulation #3. What this stipulation is saying
is that the Commission is voting on the special use permit
and recommending approval if the variance request is
approved. However, if the variance request is not approved,
then the special use permit would not be valid. Whether the
variance request is approved or not, the petitioner can
still build the accessory building if the special use permit
is granted.
Ms. Dacy stated the Commission could delete stipulation #3.
Staff included that as a stipulation because they do that
for all multiple sets of applications; and, staff was not
sure if the Commission was comfortable with saying that the
accessory building is all right with or without the
variance.
Mr. Boyle stated that if the variance is not approved, he
will not build the accessory building 17 1/2 feet from his
side yard.
MOTION by Mr. Kondrick, seconded by Mr. Dahlberg,.to
recommend to City Council approval of special use permit, SP
#90-07, by Pat and Rita Boyle, per Section 205.07.O1.C.(1)
of the Fridley City Code, to allow a second accessory
building in excess of 240 square feet on Lot 1, Block 2,
:_l�:
PLAI` NING COMMISSION MBBTINGE. IdOVBMBER 14. 1990 PAGE 4
Sylvan Hills, qenerally loaated at 6261 Rainbow Drive N.E.,
with the following stipulations:
1.
2.
The accessory building shall be architecturally
consistent with the existing house.
The height of the accessory building shall be
limited to 14 feet.
IIPON A VOICE VOTE, ALL VOTINQ AYB, CHAIRPERSON BETSOLD
DECLARED THE MOTION CARRI$D IINANIMOIISLY.
Ms. McPherson stated both the special use permit request and the
varLance request will go to City Council on December 10, 1990.
2. PUBLIC HEARING: CONSIDERATION OF A REGISTERED LAND SURVEY.
P S #90-06 BY GLACIER PARK COMPANY:
To replat that part of Lots 2 and 3, Auditor's Subdivision
No. 78, Anoka County, Minnesota, generally located north of
I-694 and west of Main Street N.E.
MOTION by Mr. Kondrick, seconded by Ms. Savage, to waive the
reading of the public hearing notice and open the public
hearing. �
QPON A VOICS VOTS, ]lLL VOTINa AYB, CBAIRPBRSON BETZOLD
DECLARED THE MOTION CARRIED l�IdD THE PIIBLIC HEARINQ� OPEN AT
7:45 P.M.
Ms. Dacy stated that since no one was in the audience
representing the petitioner, the Commission might want to
table this item until later in the meeting.
MOTION by Mr. Kondrick, seconded by Ms. Modig, to table P.S.
#90-06 by Glacier Park Company until later in the meeting.
IIPON A VOIC$ VOT$, ALL VOTII�iG liYE, CBAIRP$RSON BETZOLD
DECLARED THE MOTION CARRIED IINANIMOUSLY.
3. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTERS 205 OF THE
FRIDLEY CITY CODE ENTITLED "ZONING" BY AMENDING SECTIONS
205 03 "DEFINITIONS". AND SECTION ?05 07 "R-1. ONE FAMILY
DWELLING DISTRICT REGULATIONS"
Ms. Dacy stated there have been articles in the Fridley
Focus about this ordinance amendment, and staff has received
a number of calls regarding this issue.
Ms. Dacy stated this ordinance amendment was originally
brought to the Commission's attention at their October 24,
1990, meeting at the request of the City Council. The City
Council is concerned because they have received complaints
: i
pLA1J� IING COMl�iI88ION ME$TIl�it3. NOV8M8$R 14, 1990 PAGE 5
about single family homes that have been converted into
"illegal duplexes"--two dwellinq units in one single family
home. The Council is concerned that this eroding the intent
of the single family district.
Ms. Dacy stated the current ordinance does prevent the
creation of a second unit within a single family home. It
does permit the rental of a guest room for up to two people-
-the difference being that a guest room is defined as not
having a kitchen.
Ms. Dacy stated the Council felt that because of the
violations that have been occurring in the City, the current
ordinance is not strong enough. So, the proposed amendment
would still permit quest rooms, but no other portion of a
dwelling could be rented to a person(s). Based on the
advice of the City Attorney, there could not be a
discrimination between a related individual and an unrelated
individual.
Ms. Dacy stated that at the October 24 Planning Commission
meeting, a number of individuals testified regarding
different situations which the proposed amendment would
prevent. These situations were:
1. Where an elderly person would rent out part of the
home to an individual in order to be eligible for
state assistance.
2. Where a rental situation exists for a family
member who must, in order to participate in other
social service programs, be paying rent.
3. The split level homes constructed on the west side
of 7th Street in the Alice Wall Addition.
Ms. Dacy stated that based on the Commission's direction at
that meeting, staff tried to determine ways to permit some
of these naturally occurrinq incidences but still try to get
at the Council's intent of tryinq to prevent some of the
nuisances. She stated that it is not easy.
Ms. Dacy stated that the staff's analysis included
evaluating and comparing existing situations within the City
(chart was included in the agenda packet):
1. A typical single family home with the rental of
guest rooms as now penaitted.
2. The experience of the split Ievel hames in the
Alice Wall Addition on the west side of 7th
STreet.
8E
PLANN]NG COMMIBBION MESTING. NOVBMB$R 14. 1990 PAt3E 6
3. The living situation exempZified by Roger Stein at
the October 24, 1990, Planninq Commission meeting.
4. An elderly person living in a single family home
wanting to rent out a portion of the home for a
person to.assist them, or an elderly person who
wants to live with their adult children.
5. Homes which we have issued rental licenses to,
including 541 - 53 1/2 Avenue, 7430 Able Street,
4042 Main Street, 6070 Central, and 6428-30
Dellwaod Drive.
Ms. Dacy stated that if it is the intent of the City council
to prohibit the creation of two units in one structure/
create a duplex, thereby eroding the intent of the single
family neighborhood, then they must create performance
standards to ensure the "accessory nature" of these living
areas. Therefore, the following standards should be imposed
as part of a rental license for an "accessory apartment":
1. Require owner-occupancy of the structure.
2. Limit the size of the living area of the accessory
apartment so that it is clearly subordinate.
3. Regulate outdoor impacts, i.e., a separate
entrance into the accessory apartment can only be
created at the side or rear of the home and that
there shall be no substantial exterior
architectural changes to the single family home
such that the home appears to be a two family
dwelling.
4. One accessory apartment shall be permitted per
single family dwelling.
5. The accessory apartment must meet the Uniform
Building Code and Uniform Fire Code.
Ms. Dacy stated staff believes these requirements will
regulate and keep out the types of situations they believe
the Council is trying to prevent. They do not believe they
will get a lot of applications at this point in time and
believe they have the staff on hand to handle a license
application procedure. In the long term, they do expect
that these types of license requests wauld increase given
the demographics of this society and might help tYiem catch
those situations that are illegal. It seemed that the
original ordinance would prevent living situations that the
City Council had intended to affect.
8F
PLANN[NG COMMISSION 1rIE$TING. NOVSMBBR 1�. 1990 PAGE 7
4s. Dacy stated staff is recommending that the Commission
andorse the concept of permitting a mother-in-law/accessory
ipartment as an accessory use in the R-1, Single Family
)istrict, subject to receiving a license. Incorporated into
=he ordinance and prior to the issuance of a license would
�e the following standards:
1. The owner of the single family home must occupy
the dwelling.
2. One accessory apartment per single family
dwelling.
3. The secondary living area must comply with
building and fire codes.
4. A separate entrance to the apartment must be
located on the side or rear of the house to
maintain the single family appearance; exterior
stairways shall not be added to single family
structures unless required by the Uniiorm Fire
Code.
5. There shall be no substantial exterior
architectural changes to the single family home
such that the home appears to be a two family
dwelling.
6. Establish a minimum size of the apartment such
that it is clearly subordinate to the principal
use of the single family home.
�ir. Saba asked how they are going to address the current
�iolations--the homes that have already been modified for
�wo families.
ds. Dacy stated staff is still discussing the issue of the
�th Street homes, which is different from the other
situations looked at by staff, but they would still have a
:.hree year amortization period for the other violation
aituations.
dr. Betzold asked if the license process would be difficult
:nough to discourage renting.
+Is. Dacy stated that is the reason for the requirement for
�wner-occupancy. If the owner of a property is required to
Live in the home, that owner has a vested interest in seeing
ahat happens on his/her property. If the owner is affected
�y a"bad tenant", then the owner is going to take more of a
iirect interest in the property than the absentee landlord.
8G
PLANN[NG COMMISSION ME$TING. NOVEMBBR 14, 1990 PAGE 8
ahat is ironic is that the houses on 7th Street are more
towards a duplex than any other situation with an absentee
landlord, yet the City has had no complaints or any problems
From that neighborhood. So, there are a lot of these
�ituations that exist in single family areas without any
�roblems.
�r. Jack Kirkham, 430 - 67th Avenue, stated he and his wife,
�orine, would like to present to the Commission a letter
iated November 12, 1990, addressed to Barb Dacy and the
Planning Commission. He read this letter to the Commission.
ie stated this letter addressed the article they read in the
Fridley Focus about the proposed ordinance. Their letter
stated their opposition to the proposed ordinance which
aould prohibit the renting of any portion of a single family
zome to blood relatives.
KOTION by Mr. Kondrick, seconded by Ms. Sherek, to receive
into the record the letter from Jack and Corine Kirkham
iated November 12, 1990.
�PON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD
DECLARED THE MOTION CARRIED QNANIMOIISLY.
Kr. Betzold asked Mr. Kirkham how he felt about the person
aho wishes to rent out a portion of his/her house, not to
take care of an aging relative or a child who suffers from
nental illness, but to gain the extra income, and the
zeighbors are now complaining that it is changing the
�haracter of a single family neighborhood, creating more
traffic, etc.
Kr. Kirkham stated that was a hard question to respond to,
�ecause that type of situation did not bother him. He cited
the example of a divorcee on a limited income who must rent
�ut the basement in order to stay in her home. There is
�nother family in the same neighborhood, with 2 adults and
two grown children. They have 6 vehicles and a single car
�arage, but he did not know of anyone who has complained
�bout it. Iie stated it is hard for him to respond to people
aho are upset about other people who wish to have someone
�lse live in their home.
Kr. Kirkham stated he did not see how licensing would
resolve this issue. For example, if his neighbor converted
his basement to living space with a kitchen, etc., and he
�omplained about this situation, the neighbor could then go
to the City and obtain a license. Then his complaint would
no longer be legal and nothing would be resolved.�
Ks. Dacy stated they have to start somewhere to control what
is appropriate and what is not appropriate. What they are
8H
PLANN;'NG COMMISSION 1dE$TING. NOVBMBSR 14. 1990 PAGE 9
�:rying to avoid with the proposed standards is an absentee
.andlord situation where a two story house is being rented
�;o two families.
;sr. Saba stated the really gray area seems to be the
�iefinition of a single family home and the definition of a
�iuplex. Maybe they need to just enforce the 2oning code.
Ct is important to protect the integrity of the R-1 zoning.
'�he other thing he saw of value is the owner-occupancy
�tandard.
Rs. Sherek stated the City should never get into the
�osition of legislating who can live in a building in terms
�f: Can five unrelated individuals live in a building or
iot? She did not think a license procedure is appropriate.
�he did not see a problem with 3-5 complaints per year.
4s. Modig stated she believed they should leave the
�rdinance as it is now and not make any changes.
�ir. Dahlberg stated that in a situation where they have
aeveral people living in a building, they need to be
�oncerned about the life safety issues. A lot of these
types of arrangements do not meet the life safety
requirements. What percentage of people who remodel their
Zomes ever come in and apply for building permit?
Ks. Dacy stated they have only been able to catch this type
�f situation when some of the rental areas are for Section 8
�lients, because HUD requires certain size egress windows,
etc. Pat Wolfe, the staff person who works with Section 8,
has said that some of these units could occur without her
knowledge, and it could be a very dangerous situation.
Mr. Betzold stated he is not opposed to any of the standards
recommended by staff. They seem to be getting hung up more
over the licensing issue than they are on the standards
presented by staff.
Ms. Dacy stated the issue they are discussing is not so much
the standards as the level of control.
Mr. Kirkham stated it seemed to him that the timing is not
good for this proposed ordinance change. All the
sociologists are reminding them of the good old days when
they had extended families where people took care of their
own, and they didn't have to have so many nursing homes,
state homes, etc. Sociologists are recommending that people
get back to those good old days. The state and federal
governments are faced with building and maintaining more and
more facilities to take care of those people who cannot take
care of themselves. This proposed ordinance would make it
81
PLANZING COMMI88ION ME$TINa. NOV$MBER 1�, 1990 PAQE 10
much more restrictive and would discourage people from
trying to take care of their own.
Mr. Kirkham stated he also thought the licensing procedure
is not good because it puts the emphasis and burden on the
homeowner. He resented the additional governmental
restrictions and would resent having to go and ask for a
license just to take care of his own family. Maybe the
people who need the license are the people who are trying to
make a profit by renting out part of their home.
Mr. Dahlberg stated he disagreed. If they are going to
require a license in one instance, then they should require
that a license is necessary in every instance.
Ms. Sherek stated she agreed with Mr. Kirkham in that she is
flatly opposed to having to get a license to have a relative
live in her home at any time under any circumstance. It is
nobody else's business if someone lives in the basement of
her home. If the home is unsafe, then that is her problem.
Ms. Modig stated there is also the situation of having older
children living in your home. Would she need a license to
allow her own children to live in her home? She would
definitely be opposed to that.
Mr. Betzold stated he still thought the present code needed
a little more clarification to provide a little more
enforcement.
Mr. Saba stated they should be able to have the ability to
require the licensing procedure for the renting to non-
related individuals only.
Mr. Dahlberg stated that is discrimination.
Ms. Sherek stated they are already discriminating, because
right now they do not limit the number of related
individuals living in a home but they do limit the number of
unrelated individuals to five.
Mr. Dahlberg stated he disagreed. Just by virtue of saying
a person has to come in for a license if the person is
unrelated is discriminatory, because they are not saying the
person who is related has to come in for a license. If they
are going to require a license, then they have to require it
of everyone.
Ms. Savage stated what is legally discriminatory is what the
courts say is legally discriminatory.
8J
PLANNING COMMI68ION 1�E$TINQ, NOVBMBBR 14. 1990 PAGE 11
Ms. Corine Kirkham stated that Jack's mom lived in their
home in the "mother-in-law apartment" for several years. If
she had not been related, they would not have allowed anyone
else to live in their home. Their adult children have also
made use of this apartment. If these people had not been
related, they would not have felt obligated to share their
living quarters. She did not think they can say it is
discrimination. If it is family, you help them out. She
stated renting to related people is very different from
renting to unrelated people.
Mr. Saba stated that maybe they need an opinion from the
City Attorney as to whether it would be discriminatory to
require a license for unrelated individuals only.
Ms. Modig agreed they need a legal opinion, but she had a
real problem with the whole licensing procedure.
Mr. Betzald asked if the Commission had any problems with
the six recommendations made by staff.
Ms. Sherek recommended that along with item #6, they include
a maximum size of 35$ or 800-900 sq. ft.--something to
indicate that there is definitely a smaller self-contained
unit within a larger home.
Mr. Betzold stated if there is a hardship by holding to a
certain percentage, that can be addressed through the
variance process. He believed they should have a maximum
size, and he would go along with 35�.
Ms. Dacy stated that based on the plans she has worked on,
she would feel more comfortable with 40�.
Mr. Betzold asked staff to get a legal opinion from the City
Attorney on licensing for unrelated individuals versus
related individuals and to draft an ordinance for the next
Planning Commission meeting.
4. PUBLIC HEARING• CONSIDERATION OF A REGISTERED LAND SURVEY,
P.S #90-06 BY GLACIER PARK COMPANY:
To replat that part of Lots 2 and 3, Auditor's Subdivision
No. 78, Anoka County, Minnesota, generally located north of
I-694 and west of Main Street N.E.
MOTION by Ms. Sherek, seconded by Ms. Modig, to remove this
item from the table.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BTTZOLD
DECLARED THE MOTION CARRIED IINANIMOIIBLY.
8K
� INQ COMMISSION MEBTING. �OVgMBBR 14, 1990 PAGE 12
Ms. McPherson stated the petitioner is proposing to
subdivide the property into four tracts. The principal lot,
Tract A, will meet the minimum lot area and lot width
requirements for a buildable lot. Tract B will be reserved
for the Burlington Northern rail yards. Tract C could be
used by Burlington Northern at some future time for private
access to Tract B, but is not a buildable lot. Tract D will
be dedicated to the City for riqht-of-way for Main Street,
which would allow a future Anoka County road improvement
project.
Ms. McPherson stated staff is recommending the Planning
Commission recommend approval of the registered land survey
with the following stipulations:
1. Clean the parcel of I-694 construction debris and
re-establish vegetative cover by June 1, 1991.
2. A park dedication fee of $.023 per square foot
shall be paid at the time of construction on Tract
A or if Tract A is resubdivided.
3. Tracts B and C are not buildable lots.
4. Tract D shall be dedicated to the public for
street and utility purposes.
Ms. Sherek stated she would like to see stipulation #1
changed to require all the tracts to be cleaned of
construction debris.
MOTION by Ms. Sherek, seconded by Mr. Kondrick, to recommend
to City Council approval of Registered Land Survey, P.S.
#90-06, by Glacier Park Company, to replat that part of Lots
2 and 3, Auditor's Subdivision No. 78, Anoka County,
Minnesota, generally located north of I-694 and west of Main
Street N.E., with the following stipulations:
1. All four tracts must be cleaned of I-694
construction debris and vegetative cover re-
established by June 1, 1991.
2. A park dedication fee of $.023 per square foot
shall be paid at the time of construction on Tract
A or if Tract A is resubdivided.
3. Tracts B and C are not buildable lots.
4. Tract D shall be dedicated to the public for
street and utility purposes.
8L
PLANN [NG COMPII88ION �ESTINa. �OVE��IBSR 14. 1990 PAGE 13
I1PON A VOICE VOTE� lILL VOTIN�i AYE� CB�IRPER80N BETZOLD
DECLARED THE MOTION Cl�RRIBD �NANZMOUSLY.
Ks. McPherson stated this item will go to City Council on
December 10, 1990.
5. 1991 PLANNING COMMISSION CALENDAR:
MOTION by Mr. Kondrick, seconded by Ms. Modig, to approve
the 1991 Planning Commission calendar with the deletion of
November 27, 1991.
[JPON A VOICE VOTS� ALL VOTING AYE� CHAIRPERSON HETZOLD
DECLARED THE MOTION CARRIED IINANIMOIISLY.
6. RECEIVE OCTOBER 1 1990 PARKS AND RECREATION COMMISSION
MINUTES•
MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive
the October 1, 1990, Parks and Recreation Commission
minutes.
QPON A VOZCS VOTE, ALL VOTINQ l�YE, CBAIRPLRSON BETZOLD
DECLARED THB MOTION CARRIED IINANIMOIISLY.
Mr. Kondrick stated he wanted to alert the Planning
Commission about the Parks and Recreation Commission's
concern about the new Target Greatland which is proposed for
the old YMCA site. The Commission is concerned about the
impact on Springbrook Nature Center. They need to watch
this very carefully to make sure the City can restrict the
negative impact to the Nature Center as much as possible,
both environmentally and visually.
Ms. Dacy stated the developer, First Western Development,
will be submitting a rezoning application for some of the
property to go from M-2, Heavy Industrial, to C-2, General
Business, to match the remaining part of the property.
There will also be an application to plat the property into
four lots, one lot for the shopping center, and another lot
for the Target Greatland, a loopback parcel, and an outlot
for the wetland area they are required to maintain. So, the
Commission will have a chance to discuss concerns and issues
when these items come before them.
7. RECEIVE OCTOBER 4 1990. HUMAN RESOURCES COMMISSION MINUTES:
MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to receive
the October 4, 1990, Human Resources Commission minutes.
�
� LNG COMM�88ION KEBTIN(�. NOVBI�88R 14. 1990 PAGE 14
DPON !� VOICB VOTB, l�LL VOTING 71YE, CHl�IRP$RSON HETZOLD
DECLARED T8E KOTION CARRIBD IIN�i1dIMOIIBLY.
8. RECEIVE OCTOBER 11 1990 HOUSING & REDEVELOPMENT AUTHORITY
MINUTES•
MOTION by Mr. Kondrick, seconded by Ms. Sherek, to receive
the October 11, 1990, Housing & Redevelopment Authority
minutes.
QpON A VOICB VOTE� ALL VOTING 1�iYE, CHAIRP$RSON BETZOLD
DECLARED T8E MOTION C!lRRIBD IINANIMOIISLY.
9. RECEIVE OCTOBER 10 1990 APPEAIS COMMISSION MINUTES:
MOTION by Ms. Savage, seconded by Ms. Sherek, to receive the
October 10, 1990, Appeals Commission minutes.
QPON A VOICE VOTE� ALL VOTING AYE, CHAZRPERSON BETZOLD
DECLARED TH8 MOTION CARRIED IINANIMOIIBLY.
10. OTHER BUSINESS:
a. Landscape Ordinance Amendment
Ms. Dacy stated that regarding Commissioner Saba's
concern about the landscaping ordinance and that it
does not adequately ensure proper screening of
commercial and industrial developments adjacent to
public parks, staff reviewed the remaining developable
land located adjacent to public parks. With the
exception of the First Western Development site at 85th
and University Avenue (Target Greatland), all
properties adjacent to public parks have been
developed. She stated the First Western Development
site will be buffered from Springbrook Nature Center by
the Springbrook Apartments and by the permanent
wetlands (265 feet x 460 feet) which will be developed
as part of the proposed project.
Ms. Dacy stated part of the Landscaping Ordinance will
require the developer to plant 360 trees, 260 of those
have to be perimeter trees and 100 have to be part of
the interior landscaping. The Nature Center is very
concerned about the impact of seeing a portion of the
building. The remaining part of the shopping center
and Target will be screened by the Springbrook
Apartments. This area should be substantially
reforested as much as possible so that screening
occurs.
'�•l l 1
PLANNCNG COIrII�I88ION MEETINa. NOVEMHBR 14. 1990 PAGE 15
Mr. Saba stated he was hoping to see some teeth in the
ordinance that would address this issue and basically
create a precise requirement in the Landscape
Ordinance. He is concerned not only about screening
the building but also screening the parking lot from
Springbrook Nature Center. He would like to reduce the
visual impact to the Nature Center as much as possible.
Ms. Dacy stated they do have the teeth now in the
revised Landscape Ordinance. In the old ordinance,
they did not have the requirement of planting of 365
trees nor did they have the setback of 265 feet.
Again, this is the last situation where parkland is
wide open adjacent to a development.
Mr. Saba stated he is not so much concerned about the
265 foot buffer. He is just saying there should be a
dense planting of trees, whether it is a wetland, or
additional rows of trees, something to protect the
Nature Center so the development does not become a
visual blight to the park. The ordinance does not say
where the 365 trees have to be planted.
Ms. Dacy stated the City will require the developer to
plant as many trees as are necessary to screen that
area. Staff has asked the developer to specifically
show them the plan.
Ms. Dacy stated the Planning Commission will be able to
review the plan and applications probably on January
23, 1991.
b. Stonybrook Diversion Project
Ms. Dacy stated the Commission members had received a
copy of a memo from Mark Winson dated November 9, 1990.
In the 1992 Capital Improvement Plan, the City
currently has a project to divert storna flows in
Stonybrook Creek to the ponds in the Springbrook Nature
Center. The proposed plan is to create a ditch along
the east right-of-way of the Burlington Northern tracks
from 78th Street to the south end of the Nature Center.
The City has contacted Burlington Northern to obtain an
easement, and it appears that the railroad will grant
that request.
Mr. Kondrick asked what will happen to the flow in
Stonybrook Creek as it passes from the railroad tracks
to the Mississippi River. �
Ms. McPherson stated the proposed project would reverse
the flow of the water. Right now the water flows from
' �J
PLANZ ING COIrIIdI88ION 1ri88TING. NOVEMBBR 14. 1990 PAGE 16
Springbrook to the south, and they want to reverse that
and have the water flow into Springbrook first before
it is released into the rest of the system.
Mr. Kondrick stated he lives on Stonybrook Way, and he
will be asked by concerned neighbors about what will
happen to the flow of water and if the creek will dry
up.
Ms. McPherson stated she did not know the answer to
that question, but would ask Mark Winson, Assistant
Public Works Director.
ADJOL RNMENT •
MOTICN by Mr. Kondrick, seconded by Mr. Saba, to adjourn the
meet�ng. Upon a voice vote, all voting aye, Chairperson Betzold
decl�red the motion carried and the November 14, 1990, Planning
Comm�ssion meeting adjourned at 9:35 p.m.
ResQectfully sub 'tted,
7
�. �./'`�.. �-Z'�.--
`� LJ ynnE Saba
Rec�g4 ding Secretary
�
�
G?YOF
F� ��
DATE:
TO:
FROM:
SUBJ� CT :
C0�IILMUNITY DEVELOPMENT
DEPARTMENT
MEMORANDUM
December 6, 1990
William Burns, City Manager � �
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Special Use Permit Request, SP #90-07, by Pat
and Rita Boyle
Attached please find the staff report for the above-referenced
request. The Planning Commission voted unanimously to recommend
apprcval of the request to the City Council with the following
stiptlations:
1.
2.
The accessory building shall be architecturally consistent
with the existing house.
The height of the accessory building shall be limited to 14
feet.
Staf:' recommends the City Council concur with the Planning
Comm:.ssion recommendation.
r�t/ d� �
M-90� �834
: '
� 8Q
�
� STAFF REPORT
APPEALS DATE
C''TMOF' �/�[�j(a CQ�1I�1I/$$� �I�1� :.Tune 20, 1990; November 14, 1990
FftlDLEY ���� �A� : December 10, 1990 AUTHOR 1�4�I�dn _
REQUEST
PERMIT NUMI sER
APPLICANT
PROPOSED F EQUEST
LOCATION
SITE DA TA
SIZE
DENSITY
�ESEnrr za ���
ADJACENT L 4ND USES
$� Z�i�
�E$
PARK DEDIC� TION
ANALY��IS
F�VVANCIAL IM �UCATiONS
CONFORMAh CE TO
COMPREH =NSNE PLAN
COMPATBIUI Y WITH
ADJACENT l. SES 8� ZONNG
ENVIRONMEN TAL
C►ONSI[ �ERATIONS
STAFF RECC MMENDATION
APPEALS RE� :OMMENDATION
PLANNING C(1MMISSION
REC OMMENDATION
SP �t90-07
Pat and Rita Boyle
Allow construction of a second accessory building in
excess of 240 square feet
6261 Rainbow Drive N.E.
26' x 24' accessory building; 624 square feet
R-1, Single Family Dwelling
R-1, Single Family Dwelling to the North, West, and
South; University Avenue to the East
Yes
Yes
Approval with stipulations
Approval with stipulations
� lil
Staff Report
SP #gD-07, Pat and Rita Boyle
Page 2
R� 5t
The patitioners, Pat and Rita Boyle, are requesting that a special
use �ermit be granted to allow construction of a 624 square foot
secord accessory building on Lot 1, Block 2, Sylvan Hills Addition,
geneYally located at 6261 Rainbow Drive N.E.
Site
The �arcel is located at the intersection of Rainbow Drive and the
University Avenue service road. Located on the lot is a single
fami]y dwelling unit with an attached two car garage, constructed
of brick and wood. Also on the lot in the rear yard is a carport,
whicY the proposed accessory building will replace. The site is
zonec R-1, Single Family Dwelling, as are the parcels to the south,
west, and north.
Anal sis
As w3s stated earlier, the proposed accessory building would
elim: nate the need for the existing carport. Access would continue
to be from the existing driveway from the University Avenue service
road. The proposed accessory building would bring the lot coverage
to tYe maximum 25� allowed by the zoning code. The petitioner has
not ;�ubmitted any plans or elevations of the proposed accessory
buil<.ing. Without plans and elevations, it is difficult for staff
to datermine the compatibility of the proposed structure with
exisi.ing structures.
The (ity Assessor notified staff that how buildings relate may have
sign:.ficant impact on the values in the area; both on the property
itse:.f and neighboring properties (see attached literature from The
Appr;�isal of Real Estate). However, there are no standards
outl..ned within the zoning code for issuance of a special use
perm..t for second accessory buildings.
Reco�unendation and Stipulations for the June 20 1990 Meetin�
As tl�e petitioner has not provided staff with plans and elevations
of tie proposed accessory building, and staff is concerned about
the iesthetic fit of the building to the property, staff cannot
reco:maend approval of the special use permit. However, if the
Plan:�ing Commission chooses to recommend approval of the special
use ��ermit for the second accessory building, staff recommends the
foll>wing stipulations:
1. The accessory building shall be located 17 1/2 feet from the
east property line.
8S
Staf: ` Report
SP #'�0-07, Pat and Rita Boyle
Page 3
2. The accessory building shall be constructed with wood or vinyl
siding painted to match the trim on the existing house.
3. The height of the accessory building shall be limited to 14
feet.
Upda:.e of June 20. 1990 Meetina
The Planning Commission voted to table the request pending
submission of plans and elevations by the petitioner. The
petitioner expressed concerns regarding the stipulation that the
accessory building be placed 17.5 feet from the side lot line.
The petitioner submitted elevations for the proposed accessory
building (see attached drawings). The Appeals Commission reviewed
a viriance request by the petitioner to reduce the side yard
setYack from 17.5 feet to 4.5 feet. The Commission voted to
reccmmend approval of the request to the City Council.
ReccmmendationJStipuZations
The proposed accessory building will be compatible with the
dwe:.ling unit and adjacent structures. The City Council will need
to •:ake final action on the variance for the accessory building.
Sta:'f recommends that the Planning Commission recommend approval
of �:he special us permit request, SP #90-07, to the City Council
wit:� the following stipulations:
1. The accessory building shall be architecturally consistent
with the existing house.
2. The height of the accessory building shall be limited to 14
f eet .
3. Approval of the variance request, VAR #90-30.
Planning Commission Action
The Planning Commission voted unanimously to recoiamend approval of
thE special use permit to the City Council with stipulation #3
de] eted .
Cit,y Council Recommendation
St�ff recommends that the City Council concur with the Planning
Cotmission action.
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Ackna +vledgments
Direct �r of Publications: Karla L. Heuer
Devel� pment Writer: Michael R. Milgrim, Ph.D
For E lucational Purposes Only
The o �inions and staiements sct forth herein do not necessarily retlect the viewpoint
of the American Institute of Real Estate Appraisers or its individual members, and
neithe • the lnstitute nor its editors and staff assume responsibility for such exptes-
sions �f opinion or statements.
Cc� 19. l, 1952, 1960, 1964, 1967, 1973, 1978. 1983, 1987 by the American Institute
of Re il Estate Appraisers Of t}1C NATIONAL ASSOCIATtON oF REAL'fORS p, an
lllino: s Not For Profit Corporation. All rights reserved.
Publi� hed 1951. Ninth edition 1987.
Printf d in the United States of America
92 S 1 90 89 88 87 7 6 5 4 3 2 1
Li6ra y of Congress Cataloging in Publication Data
The r,ppraisal of real estate.
Bit liography: p.
Inc udes index.
1. :eal property—Valuation. I. American Institute of Real Estate Appraisers.
HD1 87.A663 1987 333.33'2 87-17423
ISB?� 0-911780-87-4
TASLE Ot CONTt'N`
Foreword
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
Cfiapter Il
Chapter 12
Chapter 13
Chapter 14
Chapter 15
Chapter 16
Chaptcr 17
Chaptcr 18
Chapter 19
Chapter 20
Chapler 21
Chapter 22
Chapier 23
Chapter 24
Chapter 25
Appendix A
Appendix B
Appendix C
Appendix D
lndex
Real Pn
The Nai
Foundat
The Val
Moncy
Fee Sirr
Data C�
Ncighb�
Land or
Buildin;
Buildin
Highes�
Land o
The Sa
The Cc
Buildin
Accruc
The I n
[ncomc
Direct
Yie1d <
Yield �
Recon�
Thc A
Evalua
Profes
Mathe
Financ
Sugge
Foundations of Appraisal 37
The principle of balance and the related concepts of contribution, surplus
productivit�, and conformit}� are interdependent and crucial in estimating highest
and best use and market value. These concepts form the theoretical foundation for
estimating al forms of depreciation in the cost approach, making adjustmenls in thc
sales compar son approach, and calculating expected earnings in the income capitali-
zation appro .ch.
CONTRIBt TION
VVhen appra; ;ers apply the principle of balance to component property parts, they
study the con :ept of contribution. The concepr oJcontribution states that the value of
a partrcular onrponent is measured in tern�s ojits contribution to the value of the
k�hole prope� .t•, or as the anioi�nt that its absence woiild detract Jrom the ►�a/ue oj
ihe ►,•hole. T} e cost of an item does not necessarily equal its valuc. A swimming pool
that costs S1 ),000 to install does not necessarily cause the value of a residential
propert� to i crease b}� 510,000. Rather, the pool's dollar contribution to valuc is
measured in t:rms of how valuablc its benefit or utility� is in the market. Its contribu-
tion to ��alue na� be low�er or higher than its cost. Thus, in some cases, a property's
market ��aluc ma} not increase even though the physical real estatc has undergone
altcration, m� dification, or rehabilitation.
The xisting improvements ma�� not reflect a proper balance for the total
propert�. E�p rciall} in areas of rapid transition, a property's present use may repre-
sent undcrutil zation of the land. ?Vevertheless, an existing, less optimal use, called an
interi�u «se, � ill continue until it is economically feasible for a developer to absorb
the costs of com�erting the property by razing or rehabilitating the existing
impro� emcnt>
SURPLUS P 20DUCTIVITY
Sur�/t�.c �rodt cti� itt' ts the net inca�te that rentains after the costs oJlabor, caprta/,
and coordrnat on have been �aid. Thc surplus is attributable to land rent and tcnds to
f is Innd ��aluc. Thc concept of surplus productivit} is thc basis for thc residual conccpt
oi' land return , and for residual valuation tcchniyucs.
CONFORMI TY
Cw�jor»trtt' is 'he appraisal principle that ho/ds that rea/ propertl' value is created
and su.uarited rhen the characterrstics of a propertl• co►tfurnr to Ihe de�uunds of its
�rrar���. The s�les and uses of the properties in an area may conform for several
rect;on�, includ ng economic pressures; the shared preferences of o�vners for certain
: 1e'�.��4a ✓YtS:.
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38 The q raisal ot Real Estate
types of �tructures, amenities, and services; and the enforcement of uniform stan-
dards by means of zoning. Through locat zoning ordinances, the government encour-
ages cor formity by restricting land use. Standards of conformity are set by the
market � nd are therefore subject �o change. Zoning codes, however, tend to establish
conform ty in basic property characteristics, including size, style, and design. A
particul� r market also sets standards of conformity, especially in terms of price.
� L;suatly, the va4ue o4' an overimproved property wi11 decline, or regress, toward the
value le� el of surrounding, conforming properties; the value of an underimproved
propert} may increase, or progress, toward the prevailing market standard.�
EXTER NALITIES
The pri� ciple oJexternalities states that economies or diseconomies outside a prop-
erry ma � have a positive or negative effect on its value. When external economies
affect a great number of people, the product or service will probably be provided by
governn ent. Bridges, highways, police and fire protection, and other essential ser-
vices ca � be provided more cheaply through common purchase by the government
than th ough separate acquisition by individuals.
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EXTERtiAL I�FLCENCES Oti RESIDFtiTIAL PROPFRTY
IH. :�rm> 'ong Rubcru. Inc.)
External diseconomies result when the cosis of inconveniences are imposed
on othe � people b� an individual or a firm. A person who litters, for example, imposes
the cle nup costs on others.
Real estate is at'fected by externalities more than any other economic good,
service or commodity. Because it is physically immobile, real estate is subject to
many types of external intlucncc
in ori€in or the} ma}' emanate fr
nalities may be as broad as inter
neighbor's standard of property
Iyze how external influences aft
At thc int�rn�ti�t��t ��
cienc��, intcrest r�t�a, a�� t+t�i
valucs. For example, a combina�
valucs to fall or stagnate in thc
industries, and old plants and ec
tions lcss efficient than their !
homc buying and industrial exp:
a national priority resulted in n
buy a home had to compete fc
At the regional level,
some areas than in others. In ge
to enhance values there at the
tended to stabilize or decline.
were susceptible to foreign a
reliant on such industries. By t
recession in the Sunbelt. in ad
the prcvious decade resultcd in
northern Rustbelt experienced
fall-off in construction couple
pnccs.
At the community an
local laws, local government �
growth, and social attitudes.
among communities in the �
community. Appraisers shoul
able to assess their impact or
FORCES THAT INFLUEI
The value of real property ref
that motivate human activit�
social trends, economic circi
environmental conditions. T
activities and in turn are affe
influences the value of cven
To estimate value, a
property; the scope of investi�
the appraiser analyzes tren�
direclion, speed, duration, s
CZTY OF lRIDLEY
PLl�TNIldG COI��"II88ZON ILEETI�iG, JIIZTE Z0, 1990
MNM���r
����������w� ���r�����1���������� ���
CALL T � ORDER •
Chairp:rson Betzold called the June 20, 1990, Planninq Commissi
meetin3 to order at ?:30 p.m. /
OLL ALL:
Membezs Present: Don Betzold, Dean Saba, Sue She
Paul Dahlberg, Larry Kuechle�
Savaqe)
Membezs Absent: Dave Kondrick, Connie
D ane
Others Present: Barbara Dacy, Planni Coordinator
Michele McPherson, lanning Assistant
Rita Boyle, 626 ainbow Drive N.E.
Robert Bushey ears Outlet
Frank Krame rep. John Babinski
Phillip fel, Maaco Auto Paintinq & Bodyworks
P�,, PRO�
Mr. D�hlberg stat that the following amendment Nhould� should be
the m:nutes: P e 10, last paragraph, the word amply
chanqE d to "a ly" .
O�! TI02; by r. Dahlberq, seconded by Mr. Saba, to approve the May
30, 1!9 , Planning Commission minutes as amended.
pp � VOICE VOTE, ALL VOTING
l+i� ►TION CARRIED DNANZMOOSLY.
:�UBLIC HEARING CONSIDERATION OF A SPECIAL SE PERMI�. SP
��90-07, BY PAT AND RITA BOYLEs
:>er Section 205.07.O1.C.(1) of the Fridley City Code to allow
�� second accessory building in excess of 240 square feet on
;�ot 1, Block 2, Sylvan Hills, qenerally located at 6261
:tainbow Drive N.E.
l.
ljyE, CSAIRPERBON BETZOLD DECLARED
�OTIO,t by Mr. Saba, seconded by Ms. Sherek, to waive the reading
of th: public hearinq notice and open the public hearing.
ZJPON �► VOICE VOTE, l�LL VOTING lrYE, CBAIRPERBOI�1 DECI.ARED THE MOTION
CARRI :D AND THE PIIBLIC 8El�RING OPEN !�T 7 t 32 P.M.
; . .
: � :
pLANNZ VG COI+II�sI88 ON l�EETING. JtT�1E 20. 1990 BAGE 2
Ms. McPherson stated that the petitioner is requestinq a epecial
use pe -mit to allow the construction of a second accessory building
over 24o sq. ft. The property is located at the intersection of
Rainboa Drive, just west of the University Avenue Service Road.
The p��operty is zoned R-1, Single Family Dwelling, as is the
adjacezt properties to the north, west, and south.
Ms. Mc?herson stated a single family home with an attached two car
garage is currently located on the lot. At the rear of the lot,
there is a carport which is hidden by a privacy fence. The
petiti�ner hopes that with the second accessory buildinq, the need
for th: carport will be eliminated.
Ms. McPherson stated access to the lot occurs from the University
Avenue Service Road and would continue to remain as it is today.
The e�, isting driveway would access both the existinq garage and
the pr�posed accessory buildinq.
Ms. McPherson stated the petitioner is requesting to build the
largest accessory building possible for the lot. She calculated
the rEmaining available square footage to brinq the lot to the
maximun 25� lot coverage allowed by the Zoning Code. This allows
the petitioner to build an accessory building of up to 624 sq. ft.
Ms. Mc?herson stated that at this tine, staff has not received any
plans or elevations of the proposed accessory buildinq from the
petiti�ner. It is difficult for staff to make a determination as
to the compatibility of the proposed structure with the existing
structures on the lot and structures on neighboring parcels. The
City Assessor has indicated to staff that how buildings relate to
each c ther, both on the lot itself and adjacent properties, may
have a significant impact on the values within the area. Staff had
included some literature in the staff report. She stated, however,
that tze Zoning Code does not outline any particular standards for
the ccnstruction of second accessory buildings.
Ms. M�:Pherson stated that since staff is concerned about the
compatibility of the proposed structure, staff cannot recommend
approval of the special use permit. However, staff has outlined
three standards if the Planning Commission recommends approval of
this special use permit to the City Council.
l. The accessory building shall be located 17 1/2 feet from
the east property line.
2. The accessory buildinq shall be constructed with wood or
vinyl siding painted to match the trim of the existing
house.
3. The height of the accessory buildinq shall be limited to
14 feet (Zoning Code requirement).
pLANN7NG COMMISSION MEETING, JIINE 20, 1990 P GA E 3
Ms. Sherek stated that if the Planning Commission recommends
appro�al, she would suggest that another stipulation be added that
the c�rport be removed upon completion of the construction of the
acces:ory building.
Ms. B<�yle stated they are willing to comply with the restrictions
reconu�ended by the staff and submit plans for approval when they
are r�:ady to start construction. She stated one thing they have
a prol�lem with is the 17 1/2 foot side yard setback. If the City
force:; them to build the accessory building 17 1/2 feet from the
prope:•ty line, then the building would be in the middle of their
back �ard. That would not be aesthetically pleasinq to them or
the n:ighborhood, and it would not be accessible to the existing
drive� iay .
Mr. B�tzold stated it is not possible for the Planning Conunission
to gi•►e permission to go any closer than the 17 1/2 feet. If the
petitLoner wished to build closer to the side property line, eals
they would have to apply fcr a variance through the App
Commiasion. It is difficult for the Commission to make any
decis�on on this special use permit without plans and elevations
for tiem to look at.
Ms. Ioyle stated the City staff has already told her how the
building should look, and she is willing to comply with that. She
just found out about the 17 1/2 foot side yard setback. She
thoug zt the accessory building could be built 3-5 ft. from the back
neigh�or's lot line, but no one had told her that she would have
to be so far from the side lot line.
Mr. Fetzold asked Ms. Boyle if she needed more time to put her
plans together.
Ms. B�yle stated she will definitely need more time, and staff will
need to show her how to deal with the 17 1/2 feet.
MOTICIJ by Ms. Sherek, seconded by Mr. Saba, to table consideration
of spscial use permit, SP #90-07, by Pat and Rita Boyle to give the
petitioner additional time to work with City staff regarding the
17 1�2 foot side yard setback requirement, to be brought back on
the agenda at the petitioner's request.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
T8E ?!OTION CARRIED IINANIMOIISLY. _
2.
PERMIT SY yu-ub rsz xvD�,nj
Per Section 205.15.O1.C.(8)
exterior storage of mate '
Plaza, generally loc at
(Pub: ic hearing�l�ed. )
�
of Fridley City Code to allow
s on Lot 1, Block 1,�Shorewood
1000 East Moore Lake Drive N.E.
8CC
: � �
pL�,NNI NG COMMI88IOI�1 MEETIId(i, JQNE Z0. 1990 PAGE 4
O oN by Mr. Saba, seconded by Mr. Dahlberg, to remove the item
from t he table. �
IIPON ! VOICE VOTE, ALL VOTING 71YE, CHAZRPERSON BBTSOLD
THE MCTION CARRZED QNANIMOOSLY. �
Ms. M�:Pherson stated staff inet with Mr. Bushey an Mr. George
Appletaum on June 6, 1990, to discuss the alternativ s to provide
additi�nal warehouse space for the Sears store. It as determined
that there is adequate space on the parcel to co truct a 57 ft.
x 150 ft. addition along the south wall of th building. The
proposed addition would bring the lot coveraqe to the maximum of
40$ a]lowed by the zoning code.
Ms. McPherson stated there are currently 13 parking spaces on the
site, and the addition would eliminate appr ximately 17 spaces; but
an adcitional five spaces could be const cted along the west wall
of thE addition. There are cross parki easements between Sears
and �.he old Shorewood shopping c ter across the street.
Currertly, the Sears employees utiliz the parking spaces directly
along the East Moore Lake Drive publ c riqht-of-way.
Ms. M�:Pherson stated the buildin expansion would eliminate the
abiliiy to drive around the bui inq; however, trucks will still
be ab.e to access the site fro the east driveway and they will
drive through the parking lot and back up to the loading docks.
Ms. McPherson stated staff di cussed this with the Fire Department
staff and they indicated t at because of the access through the
Shore� �ood Inn parking lot, the Fire Department would be able to
provicle adequate fire pro ection for the rear of the building.
Ms. M:Pherson stated t t in addition to the proposed expansion,
Sears is proposing to onstruct a second loading dock adjacent to
the e cisting loading dock. This would allow them to unload two
truck; : simultaneous .
Ms. M�Pherson st ed Mr. Applebaum is proposing to upgrade the
facad�� on the S rs store with a canopy similar to those canopies
on th�� new off' e building and the old shopping center.
Ms. rcPhers stated the proposed expansion would screen the
loadi�g act vity as well as provide additional warehouse space and
will eli nate the need for the five dropped trailers. Twc
trail:rs ill still be necessary to accommodate daily deliveries.
These t cks will be adequately screened from the Hiqhway 65 right-
of-wa� by the building expansion itself.
Ms. r:cPherson stated staff recommends the Planninq Commission
r omnend approval of the special use permit request -with the
lloaing six stipulations:
8EE
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4. �✓1\JiLLi�CaliON OF VARIANCE REOUEST VAR #90-30 BY RITA BOY •
Fer Section 205.07.03.D.(2).(c). ((1)) of the Fridley City
C�de, to reduce the eide yard setback from 17.5 feet to 4.5
i eet, to allow the construction of a second acceseory building
cn Lot 1, Block 2, Sylvan Hills, the same beinq 6261 Rainbow
Lrive N.E.
Ms. McPherson stated this property is located at the intersection
of Ra:.nbow Drive and the West University Avenue Service Drive.
The p-operty is zoned R-1, Single Family Dwellinq, as is the
propezty to the north, west, and south. University Avenue is to
the eP st .
Ms. Mc:Pherson stated the petitioner is proposinq to construct a
624 sc;. ft. Becond accessory building, and he has applied for a
speci�l use permit as the building is over 240 sq. ft. The
Plann� ng Commission reviewed the special use permit request in June
and tibled the request due to the lack of building plans and
elevations, which the petitioner has now submitted.
Ms. M:Pherson stated that in reviewing the special use permit,
staff's recommendation is to locate the proposed accessory building
withii, the 17.5 foot setback at the rear of the parcel. The
petit: oner's request is to reduce the 17.5 foot setback to 4.5 feet
so th�.t the accessory building would be somewhat in line with the
exist:.ng qarage. The petitioner would still be able to use the
exist:.ng driveway as the accessory building would face to the
north
Ms. Mc;Pherson stated the petitioner has ample room on the property
to me�:t the 17.5 foot setback. For that reason, staff recommends
that �:he Commission deny the variance request.
Ms. M;Pherson stated the petitioner's house faces Rainbow Drive;
howev�:r, the garage faces east onto the University Avenue Service
Drive There is a fence running along the east property line and
a car port along the east side portion of the fence. The car port
struc�:ure will be removed with the construction of the second
acces;�ory building.
Ms. Mc:Pherson stated the petitioner's house is 15 feet to the curb;
howev:r, the right-of-way line is only 4.5 feet from the dwelling
unit �tself.
Dr. V��s stated the existing qarage and house are 4.5 feet from the
right-of-way line and are essentially nonconforming now.
�IOTIOt by Ms. Smith, seconded by Dr. Vos, to open the public
heari iq. �
8FF
�pPE!►L � CO1�QlIBBZ4� I�ETI�O. OCTOBE� 30. 1l90 p�a$ �
QPON �► VOICE VOTE, �LL o0'rIl1G �YE, �ICE-�►IRPER80�T lIIECHLE
DECL�IR 3D T8E 1[OTZO�T CIIARIED �iTD TSE pIIHLIC sE11RIliG OPE�t �T a s SO
p.1t.
Mr. Pat Boyle etated the biggest problem fs that if they have to
put ti�e buildinq at the 17.5 foot �etback is with the existinq
drivewsy, and he would end up with yard on both sides of the qarage
with a driveway in between, which doesn't make sense. He stated
there is a privacy fence on the east side now, and that will be
torn d�wn and a new fence constructed. The way his lot line and
his ne�qhbor's lot lines run, he would not be blockinq the line of
eight `or anyone. The proposed accessory building would be in line
with t: ►e existinq attached qaraqe, and he can then use the existinq
drivewsy in between.
MOTION by Ms. Smith, seconded by Or. Vos, to close the public
hearin �.
UPON ;► VOICE oOTE, �7+L VOTING 71Y8, YICE-CHI►IRPBRBOI�i �CHLE
DECL�IR 3D T8E KOTZON Cl1RRI8D 11�TD THE pIIBLIC BEARING CL08ED 71T 8 s 55
p.M.
Dr. Voa stated he looked at the property. His first reaction to
this v3riance request is that it does not seem very advantaqeaus
to cho; � up the line of eiqht along the service road just to satisfy
the 17,5 foot scetback. The house and existing qarage are 4.5 feet
from t�e right-of-way, but with the boulevard, there is about 15
feet to the street. Now,.they are askinq the petitioner to qo
another 13 feet, so the proposed accessory building would be right
behind the house in the middle of the back yard. He believed the
wideni�g of the service road must have taken some of the
petiti�ner's property at some point in time, and he would consider
that E hardship. He stated he would recommend approval of the
varian:e as requested.
Ms. Smith stated she is normally reluctant to qrant this larqe a
varian�e. However, because of the service road and the fact that
the ac:essory buildinq would be in the �iddle of the back yard, it
did not make much sense to adhere to the 17.5 foot aetback. The
proposad accessozy building at the 4.5 foot setback is not qoinq
to aff:ct the line of eiqht or be a detriment to anyone else.
Mr. Ku�chle stated he concurred that the accessory building would
not af`ect any sight lines and aesthetically it would be better to
constr ict the accessory buildinq at the side of the yard rather
than ii the center of the back yard, not only for the petitioner's
view, :�ut also for his neiqhbor'e. He would recommend approval of
the variance as requested.
�,OTION by Ms. Smith, seconded by Dr. Vos, to reco�end to City
Council approval of variance request, VAR �90-30, by Pat and Rita
Boyle, per Section 205.07.03.D.(2).(c)• ((1)) of the Fridley City
8GG
�PPE7►L t COMMiBBZ01� x�aTi�ta. O�,�TOHER 30, il90 pl►QE 13
Code, :o reduce the side yard setback irom 17.5 leet to 4.5 ieet,
to all�>w the construction of a second accessory buildinq on Lot 1,
Blxk :, Sylvan Hills, the same beinq 6261 Rainbow Drive N.E.
oro� �, voics vosa, a�. vari�a s�ra, vica-esnzxra�son toscgr�
DECL�IR SD TSE l[OTZOli C�IRRIED II�T11�TZ1t008LY.
Ms. Mc?hereon stated this item, along with the epecial uee permit
reques :, will probably qo to the City Council on November 19, 1990.
: • • �� ��� �
MOTION by Dr. Vos, seconded by Ms. Smith, to adjourn the meeting.
Upon �� voice vote, all votinq aye, Vfce-Chairperson Kueeals
declar:d the motion carried and the October 30, 1990, �,pp
Commisaion meeting adjourned at 9:00 p.m.
Res ectfully s mitted,
,, � �
Lyn 5aba
Rec rding Secretary
�
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cinroF
F���
DATE ;
TO:
FROM;
SUBJ rCT :
COl1ILMUNITY DEVELOPMENT
DEPARTMENT
MEMORANDUM
December 6, 1990
�
William Burns, City Manager �
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Plat Request, P.S. #9�-06, by Glacier Park
Company
Atta ;hed is the staff report for the above-referenced request. The
Planiing Commission voted unanimously to recommend approval of the
requ:st to the City Council.
The subdivision ordinance requires the City Council to hold a
publLc hearing for all plat requests. Staff recommends that the
City Council set the date of the public hearing for January 7,
1991,
MM/ d t
M-90 -835
811
�
�
STAFF REPORT
APPEALS �ATE
��� QF PLAN�NNG COAMMISS�ON �ATE ' November 14 , 1990
FRlDLEY �/dn
CI11( (`,pUNqL DATE : December 10 , I 990 AUTHOR
REQUEs•r
PERMIT NUMB =R
APPLICANT
PROPOSED RE :QUEST
LOCATION
SITE DA �A
I SIZE
DENSITY
PRESENT ZON ING
ADJACENT L� ,ND USES
8► ZONING
��$
PARK DEDICA fION
ANALYSIS
FNVVANCIAL IMi'UCATIONS
CONFORMAN� �E TO
CpMpREHt rtSNE PLAN
COMPATBIUT 1f WITH
ADJACENT U 3ES 8� ZONNG
ENVIRONMEN' �AL
CONSIC ERATIONS
------- -------.,
STAFF RECO MMENDATION
APPEALS RE� :OMMENDATl01'
PLANNING C( iMMISSION
REC OMMENDATION
�
P . S . �� 90-06
Glacier Park Company
To divide property in such a manner that the legal
descriptions may be recorded.
Generally located at the northwest corner of Main
Street and I-694.
780,293 square feet
M-2, Heavy Industrial and C-2, General Business
M-2, Heavy Industrial to the South, West, and North;
C-3, General Shopping to the East.
Available to site
$.023 per square foot ($17,946.73)
Yes
Yes
Approval with stipulations
Approval with stipulations
8JJ
Stafi Report
P.S. #90-06, Glacier Park
Page 2
Reque st
Glac�er Park Company, the petitioner, is proposing to create a
regi:tered land survey for Lot 2 and a portion of Lot 3, Auditor's
Subd�vision No. 78. The registered land survey will create a
sing]e tract that would be a buildable lot while also creating
tracts for the Burlington Northern Railroad yards, and a private
right-of-way for a private access drive. This request is for the
propErty generally located in the northwest corner of the
intezsection of Main Street and I-694.
S ite
The �roperty is located at the northwest corner of the intersection
of wtere Main Street and I-694 cross each other. The property is
zonec C-2, General Business, and M-2, Heavy Industrial. The
surrcunding properties are zoned M-2, Heavy Industrial to the
nortY, west, and south; while the property to the east is zoned C-
3, G�:neral Shopping. The property is currently vacant, and the
Minnesota Department of Transportation has used the property to
pile their construction debris from the I-694 reconstruction
proj E ct .
Ana1� sis
The :ubdivision ordinance would require that all lots within the
propcsed registered land survey meet the minimum requirements of
the :oning district. The principal lot, Tract A, created by the
regi:tered land survey would meet the minimum 1 1/2 acre area
requ�rement of the M-2, Heavy Industrial District regulations, and
woulc also meet the 150 foot lot width requirement. The registered
land survey creates three other tracts in addition to Tract A.
Tract B will be reserved for the Burlington Northern rail yards.
Tract C could be used by Burlington Northern at some future time
for �rivate access to Tract B, but is not a buildable lot. Tract
D wi]1 be dedicated to the City for right-of-way for Main Street,
whici would allow a future Anoka County road improvement project.
The :ot created as Tract A could be further subdivided into lots
base� on future needs.
Attac hed is a memorandum from the Public Works Department regarding
a ditch improvement project along the railroad right-of-way north
of 7' th Avenue. The Commission may want to consider the Public
Work: Director's recommendation when considering the plat request.
Reconmendation and Stipulations �
The � roposed registered land survey creates a tract which meets the
mininum requirements of the C-2 and.M-2 zoning districts. Staff
8KK
Stafi Report
P.S. #90-06, Glacier Park
Page 3
reco�mends that the Planning Commission recommend approval of the
regi:tered land survey to the City Council with the following
stipilations:
1. Clean the parcel of I-694 construction debris and re-establish
vegetative cover by June 1, 1991.
2. A park dedication fee of $.023 per square foot shall be paid
at the time of construction on Tract A or if Tract A is re-
subdivided.
3. Tracts B and C are not buildable lots.
4. Tract D shall be dedicated to the public for street and
utility purposes.
Planring Commission Action
The Flanning Commission voted unanimously to recommend approval of
the �lat request, P.S. #90-06, to the City Council with stipulation
#1 anended as follows:
1. Clean all four tracts of I-694 construction debris and
re-establish vegetative cover by June 1, 1991.
City Council Recommendation
Staff recommends that the City Council concur with the Planning
Commission action.
8LL
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby qiven that there will be a Public Hearing of the
Fridley City Council at the Fridley Municipal Center, 6431
University Avenue N.E. on Monday, January 7, 1991 at 7:30 p.m. for
the pLrpose of:
C�nsideration of a Registered Land Survey, P.S. #90-06,
ky Glacier Park Company, to replat that part of Lots 2
and 3, Auditor's Subdivision No. 78, Anoka County,
rinnesota, described as follows: Commencing at a
c�ncrete monwnent marking the quarter corner between
S ections 22 and 23, Township 30, Range 24; also being the
S�utheast corner of Lot 3 in said Auditor�s Subdivision
N�. T8; thence due North along the East line of said Lot
3 a distance of 897.05 feet to a judicial landmark at the
N�rtheast corner of said Lot 3; thence North 88 deqrees
51 minutes West along the North line of said Lot 3 a
distance of 692.1 feet to a judicial landmark at the
N�rthwest corner of said Lot 3, thence South 4 degrees
ig minutes West along the Westerly line of said Lot 3 a
d istance of 894 . 85 feet to a judicial iandmark at the
S�uthwest corner of said Lot 3, thence South 4 degrees
13 minutes West along the Westerly line of Lot 2 in said
Aiditor's Subdivision No. 78 a distance of 876.47 feet
t� a judicial landmark on the Northerly ric�ht-of-way line
oF State Hiqhway 100; thence South 85 degrees 42 minutes
45 seconds East along�said Northerly right-of-way line
236.44 feet to a judicial landmark; thence South 4
dagrees 17 minutes 15 seconds West 3.57 feet to a
jidicial landmark in said Northerly right-of-way line;
tzence South 85 degrees 22 minutes East along said
N�rtherly right-of-way line 588.65 feet to a judicial
13ndmark at the intersection line of said East line of
s�id Lot 2 and said Northerly riqht-of-way line; thence
N�rth along the East line of said Lot 2 to the point of
baginninq, excepting therefrom the North 845 feet which
1 ies Easterly of the Westerly 59 feet thereof . Generally
l�cated north of I-694 and west of Main Street N.E.
Any ai�d all persons desiring to be heard shall be given an
opportinity at the above stated time and place.
WILLIAM J. NEE
MAYOR
Publisi: December 26, 1990
January 2, 1991
Any qu:stions related to this item may be referred to the Fridley
Commun�ty Development Department, 571-3450.
,-�,. .
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Glacier Park Co.
P. �90-06
RE�ISTERED LAND SURVEY �IC�. _,_,
ANOKA COUNTY, MINNESOTA
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MEMORANDUM
TO: Barbara Dacy, Planning Coordinator PW90-442
FROS: Mark A. Winson, Asst. Public Works Director /J1�
DAT3: November 9, 1990
SIIB�ECT: Stonybrook Diversion Project
The City currently has in the 1992 Capital Improvement Plan a
project to divert storm flows in Stonybrook Creek to the ponds in
the Springbrook Nature Center. The proposed plan is to create a
dit :h along the east right-of-way of the Burlington Northern tracks
froa 78th Street to the south end of the Nature Center.
We ]►ave contacted the railroad regarding obtaining an easement over
the easterly 40 feet of the railroad right-of-way from 78th Street
to the Nature Center. To date, it appears that the Railroad is
loo cing favorably at our request and it is hoped that they will
grait a request in the near future so that we can proceed with
fin�l design and construction of this project.
MAW �ts
• . .
•
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�
�
crnroF
fRIDLEY
DATE
TO:
FROM
SUBJ: :CT :
C0�11lMUNITY DEVELOPMENT
DEPART'MENT
M EMO RAN D UM
December 6, 1990
William Burns, City Manager�
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Special Use Permit, SP #90-08, by Babinski
Limited
Atta;hed is the staff report for the special use permit request,
SP #�0-08, to allow outside storage of materials and equipment.
The :�lanning Commission voted unanimously to recommend approval of
the -equest with the following stipulations:
1. The existing storage area shall be cleaned of materials not
directly related to the retail lumber and contracting business
and shall be used to store only heavy equipment and materials
directly related to the retail lumber and contracting
business. Clean up shall be completed by November 15, 1990.
2. Flat bed trailers shall be allowed to be stored outside the
storage area in the rear yard at the loading docks. Two
vehicles may be parked in the front parking lot for overnight
parking, but all other trucks and trailers shall be stored in
the rear yard.
3. The existing storage fence shall be re-slatted.
4. The petitioner shall install an eight foot high wood fence and
three boulevard trees along the east property line. The fence
design shall be approved by staff prior to installation. The
boulevard trees shall be a minimum of 2 1/2" caliper.
5. The special use permit shall be reviewed in one year, and
annually thereafter.
This item was to be presented to the City Council on November 19,
199C. The petitioner requested a postponement until more clean-up
cou13 occur. We permitted a delay to this Monday's meeting. We
will present a video tape of the results of the petitioner's clean-
up e Efort. The Planning Commission was adamant that the petitioner
clean-up the site prior to City Council consideration.
0
. �
Bab: nski SUP
Dece mber 6, 1990
Page 2
We videotaped the property on December 6, 1990. The fence has been
installed and the petitioner has cleaned the yard, but it does not
appear that the storage area surrounded by a chain link fence has
beer cleaned or reslatted as required in stipulation #1.
TheYefore, the compliance date should be amended to January 1,
1991.
5taff recommends the City Council approve the request as
reccmmended by the Planning Commission with the following
sti�ulations:
1. The existing storage area shall be cleaned of materials not
directly related to the retail lumber and contracting business
and shall be used to store only heavy equipment and materials
directly related to the retail lumber and contracting
business. Clean up shall be completed by January 1, 1991.
2. Flat bed trailers shall be allowed to be stored outside the
storage area in the rear yard at the loadinq docks. Two
vehicles may be parked in the front parking lot for overnight
parking, but all other trucks and trailers shall be stored in
the rear yard.
3. The existing storage.fence shall be re-slatted.
4. The petitioner shall install three boulevard trees 2 1/2
inches in caliper by July 1, 1991.
5. The special use permit shall be reviewed in one year, and
annually thereafter.
MM/d: i
M-90 •874
9B
�
� STAFF REPORT
APPEALS DATE
�'�� p�AMrV(` COM�IMSSION DATE: June 20, 1990 ; September 26, 1990;
FRIDLEY G'rY OOI�iC�L DAl'E : 12/ 10/90 October 24, 1990 ��„� �=
REQUES T
PERMIT I�JME ER
APPLICANT
PROPOSED R :QUEST
LOCATION
S1TE DATA
SIZE
OENSITY
PRESENT ZON WG
ADJACENT LI ,ND USES
. $� Z�%:�i
��$
PARK DEDICA �ION
ANALYS IS
FINANCIAL IMf UCATIONS
CONFORMANt :E TO
COMPREI-� NSNE PLAN
COMPA'TBILIT' � WRH
AOJACENT lx �ES 8� ZONIVG
ENVIRONMEM AL
GONSID :RATIONS
STAFF RECOI AMENDATION
APPEALS REC OMMENDATION
PLANNaVG CO MMISSION
REG M�AENDATION
�
SP 4�90-08
John Babinski
Allow exterior storage of materials and equipment
1290 - 73rd Avenue N.E.
98,260 square feet
M-1, Light Industrial
M-1, Light Industrial to South and West; M-2, Heavy
Industrial to East; C-1, Local Business to North
Approval with stipulations
Approval with stipulations
9C
Staf: ` Report
SP #'�0-08, John Babinski
Page 2
Rettu� �st
The �etitioner, John Babinski, is requesting that a special use
perm.t be issued to allow the exterior storage of equipment and
mate:-ials, generally located on Lots 1 through 20, Central Avenue
Addi�:ion, the same being 1290 - 73rd Avenue N.E. The petitioner
prop��ses to construct a screening fence along the Central Avenue
boul�vard to comply with the screening requirements.
Site
The ;>ite is zoned M-1, Light Industrial, as are the parcels to the
sout.i and west. There is M-1 and C-1, Local Business, zoning to
the north, and R-3, General Multiple Dwelling, and M-2, Heavy
Induatrial, zoning to the east. Mr. Babinski's retail lumber and
cont-acting business is located in the concrete building located
in the southwest corner of the intersection of 73rd Avenue and
Cent-al Avenue. Onan occupies the building south of the
peti:ioner's building and the two share a common drive off of
Cent -a1 Avenue .
Anal �sis
SectLon 205.17.O1.C.(il) of the Fridley City Code requires that a
spec �al use permit be granted for exterior storage of materials and
equi�ment. The petitioner has an existing storage area of 50 'x
90', for which a special use permit was not granted. Mr. Babinski
was first cited in 1980 for lack of appropriate screening of
outside storage of materials and equipment as required by code
(Sec�ion 205.17.07.B.(1)). Recently, Steve Barg, Code Enforcement
Offi �er, has been working with Mr. Babinski to remove the materials
that are currently being stored in the front and rear yards of the
parcal, or having him apply for a special use permit (please see
atta�hed code enforcement letters).
As wis stated earlier, the petitioner has an existing storage area
surr�unded by chain link fence with vinyl slats on the east side
as screening. The materials currently being stored within this
area are listed on Attachment A. An old MTC bus is currently being
used within the storage area to store various types of plumbing
materials instead of placing these within the warehouse structure.
In aidition, staff could not determine the direct relationship of
some of the materials to the retail lumber business and contracting
busi nesses.
To c�mply with the screening requirements of the zoning code, the
petitioner proposes to construct a screening fence along the east
pro�erty line. The fence would extend east away from the building
. �
Stalf Report
SP #90-08, John Babinski
Page 3
a s:iort distance into the boulevard and then south along the
proFerty line (please see site plan).
Staif was contacted by Woody Nelson of Onan Manufacturing regarding
the special use permit request. Mr. Nelson inquired as to the
status of the storage area; whether or not the petitioner would be
in effect expanding this storage area. Mr. Nelson wanted to insure
that there was adequate space for their semi-trailer trucks to turn
aroLnd in order to access the loading docks on the north side of
the building. Mr. Nelson indicated that it is extremely difficult
for Onan to utilize the loading docks at the west end of the
building, as it is difficult for their semi-truck trailers to
access these loading docks due to the amount of materials stored
by the petitioner.
Upd2te after June 20 1990 Planning Commission Meetincr
The Planning Commission tabled action on this item to allow the
petitioner time to explore the option of expanding the building.
A warehouse expansion was rejected by the petitioner as it was too
expensive.
The petitioner has indicated that the existing storage area will
be cleaned in order to store all the equipment within the storage
area . The equipment that does not fit within the storage area will
be relocated to another site. The petitioner indicated that this
cou13 be completed by November 15, 1990.
In a3dition to the items in the rear yard, there are several items
still being stored in the front yard (see Attachment A). The
petitioner has moved the school bus to another site. The
petitioner indicated that he would like to store the tractor-
trailers in the front yard penaanently, due to the amount of
vandalism they have escperienced. The Code prohibits storage of
materials and equipment in the front yard, therefore, staff cannot
reccmmend approval of this request.
Sinc e the building expansion will not be built, and the storage
area will not be expanded, the issue raised by Mr. Nelson of Onan
has been resolved. There should not be any conflict with the
access points for Onan.
Rec nmendation and Stipulations
The �pecial use permit request is consistent with the uses outlined
by tie M-1 zoning requirements. The proposed fence will allow the
petitioner to meet the screening requirements of the zoning code.
Staf E recommends that the Planning Commission recommend to the City
Coun �il approval of the special use permit request, SP #90-08, with
9E
StafE Report
SP #a0-08, John Babinski
Page 4
the Eollowing stipulations:
1. The existing storage area shall be cleaned of materials not
directly related to the retail lumber and contracting
business, and shall�be used to store only heavy equipment
directly related to the retail lumber and contracting
business. Clean up shall be completed by November 15, 1990.
2. Flat bed trailers shall be allowed to be stored outside the
storage area in the rear yard at the loading doaks.
3. The existing storage fence shall be re-slatted.
4. The petitioner shall install an 8 foot high wood fence and 3
boulevard trees along the east property line. The fence
design shall be approved by staff prior to installation. The
boulevard trees shall be a minimum of 2 1/2" caliper.
Planzina Commission Action
The Planning Commission, at their October 24, 1990 meeting, voted
unan imously to recommend approval of the special use penait request
with the amended stipulations:
1. The existing storage area shall be cleaned of materials not
directly related to the retail lumber and contracting business
and shall be used to store only heavy equipment and materials
directly related to the retail lumber and contracting
business. Clean up shall be completed by November 15, 1990.
2. Flat bed trailers shall be allowed to be stored outside the
storage area in the rear yard at the loading docks. Two
vehicles may be parked in the front parking lot for overnight
parking, but all other trucks and trailers shall be stored in
the rear yard.
3. The existing storage fence shall be re-slatted.
4. The petitioner shall install an eight foot high wood fence and
three boulevard trees along the east property line. The fence
design shall be approved by staff prior to installation. The
boulevard trees shall be a minimum of 2 1/2" caliper.
5. The special use penait shall be reviewed in one year, and
annually thereafter.
City Council Recommendation
StafE recommends that the City Council concur with the Planning
[-, �
Staf:' Report
SP #`.�0-08, John Babinski
Page 5
Comm:.ssion action, except for the second half of stipulation #2,
allo��ing outside storage in the front yard. Staff recommends that
the :ity Council require all vehicles to be parked in the rear
yard.
�
32
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C/TY
31
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SP ��90-08
John Babinski ��
SEC. /2 T 30
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LOCATION MAP
sP ��9o-os 9H
John Babinski
ZONING MAP
sP ��9o-os 91
John Babinski
SITE PLAN
9�
Saecial Use Permit AoQlicatian
Reasa» far saecial u�e aermit
Jahn Pabir�ski is the awner c�f Babinski, Ltd. �abinski Ltd.
i� � whalesale/retail lurnber and rnillwark supplier �s while
a� a excavating ca»tractar. As such, Babinski Ltd receives
l.�mber by the truck lc�zd. At tirnes nat all the lumber can
b? st�red inside the building ar the fenced area. Alsa�
b at wc�er� ex c�vat i ng � abs nc�t a 1 1 t he eq u i prner�t car� be st c�red
i�side the fenced area.
T ierefare, we are request i r�g a spec i a 1 use perrn i t t c� st c�re
1_�rnber, and equipment in the rear c�f the bui ldir�g a�atsid� ��f
t ie fenced area. Tu shield the equiprne»t ar�d lurobpr ft'r�rn
t�e p�_�bl ie right af way we are prc+posing to bui id c� fE�Y�CP c�n
t ie c�ld Cer�tral Aver�ue side af the buildir�g as shc�wrr c�r� the
p 1 ar�.
Attachment A
�xterior Storage Items - Babinski Ltd.
`;nced storage area:
Paint buckets ,
Plumbing supplies
Gas tanks
Iron pieces
MTC bus - used as warehouse space
Heavy equipment
Siding and roofing materials
Miscellaneous unidentifiable items
OutsLde in rear of buildinq:
Three caterpillars
Two forklifts
Four dropped trailers
Five flatbed trailers
Two trucks
Scraper
Dumpster is outside
Pallets
Miscellaneous shipments
Outs_de in front of building:
Motorhome
Trailer
Three green trucks
9K
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� M �y 12, 1980
��
_ 9L
CITI( Q� FF;1QLl�Y
•�a1 UNIVERSITY AVEMUE N.E.. fRIDIEY. MINNESOTA 661�Z
� M c. John Babiriski
` B �binski Limited Ltuaber
1 t90 - 73rd Avenue tJ.E.
'` F ridley, MN 55432
TELEPMONE ( a12)571•3�50
F:: Screenirg of Outside Stored Materials and Equipment at 1290 - 73zd
Avenue tI.E. (SECOND NOTICE)
�
L�ar Mr. Babinski:
inclosed please find this department•s letter dated Apzil 2. 1980 which
Yrought to your attention the need to provide and maintain approved
:creening around the outside stored materials and equipment located on
� he above l.isted property.
as indicated, a reinspection was conducted on May 8, 19dQ at which time
:t was deter•nined that no effort has been made to correct this viQlation.
�'herefore, the City must again require you to either rgnove all of t:�e
cutside stored building supplies from this property or provide and
:.aintain an approved screening fence to conceal any outside stored
i,aterials and equipsoent or place this material witY�.in ths confines of a
] �uildinq.
;, reinspection will be co�ducted on or about May 27r 1980 to determine
�ompliance. We are confident in your'cooperation and desire to make
:'ridley a better co�anunity to live withan. If any questions or T:zoblesas
-esult fram this letter, please feel free to contact me at 571-345�.
.__,..,.e *., ��,arp this violation will rPSUlt in this matter being turned
GliiMa�. �'--
��ver to the Cit
;incerely,
v,-�ePCUtor for his le�al consideration
3T� 3. OISOIi, R S.
Environmental Officer
530/�►h �
Q�C: 1 '
CC: Mr. John D. Babinski, 7296 Central Avenue N.E.
Mr. John D. Babinski, 331 Rice Creek Terrace N.E.
�
.- _
CITYOF
FRlDLEY
I�1DLEl" MUhICIP� L CEITER • 6331 UNIVERSITY AVE. N.E. FRIDLEY. M'� 55-i32 •(6121571 :3450 • FAX (61? i 571-1'K7
May 9, 19 ►0
�
John Babi: �ski
Babinski : �imited
1290 - 73 �d Avenue N.E.
Fridley, lII�t 55432
RE: Firs: Notice of Noncompliance at 1290 - 73rd �venue N.E.
Dear Mr. 3abinski:
The City ��f Fridley has established a City Code for the purpose of
promoting a pleasant and attractive suburban envizonment. The
above ref:renced business is located in an M-1, Liqht Industrial,
Zoning di�trict. A recent inspection of this property revealed
that not ��11 of the requirements pertaining to an M-1 district are
presently being met. Listed below are the items which are in
noncompliince:
1. Discontinue unscreened storaqe of all materials and
equipment located to the south of the buildinq (City Code
copy enclosed).
2. Discontinue storage of tzailers and school bus located
in parking area north of the building (City Code copy
enclosed).
Your prom?t attention is correcting this situation would qreatly
assist i�, helping make Fridley a better place to lfve. An
inspectio� will be conducted on or about May 28, 1990, at tahich
time comp Liance is expected. Please call me at 572-3595 if you
have ques�ions or wish to discuss this further. Thanks for your
cooperati �n!
Sincerely,
Steven Ba �g
Planning �ssistant
SB:ls
C-90-254
t-� 1' I '
:ll'_I
pLAI� NING COMMISSiviv l�l�r+t rrv v v �-
office makes a final decision on the site expansio She would
reccmmend tabling the request for 90 days.
The �ther Planning Commission members were ' agreement.
�IOTI�N by Ms. Sherek, seconded by M. Saba, to table special use
pern� it request, SP #90-06, by Rob Bushey for Sears Outlet Store,
per Section 205.15.O1.C.(8) the Fridley City Code to allow
exterior storage of materi s on Lot 1, Block l, Shorewood Plaza,
gene rally located at 100 ast Moore Lake Drive N.E. , until a final
determination is ma by Sears' corporate office, or 90 days,
whic'�ever comes s er.
IIPON A VOI VOTE, l�LL VOTING AYE, CBAIRPERSON BETZOLD DECLARED
THE KOTI CARRZED IINANIMOOSLY.
Mr ushey stated he certainly appreciated the extra time granted
�ze Planning Commission.
/ �
3. PUBLIC HEARING CONSIDERATION OF A SPECIAL USE PERMIT, #90-
08. BY JOHN BABINSKI:
Per Section 205.17.O1:C. (11) of the Fridley City Code to allow
exterior storage of materials on Lots 1 through 20, Central
Avenue Addition, generally located at 1290 - 73rd Avenue N.E.
MoTI�N by Mr. Saba,. seconded by Ms. Sherek, to waive the reading
of tze public hearing notice and open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE !�OTZON CARRIED AND THE PIIBLIC SEARZNti OPEN AT 8:05 P.M.
Ms. KcPherson stated this request is for the exterior storage of
equi�ment and materials at 1290 - 73rd Avenue. The petitioner
occu�ies the yellow building at the intersection of 73rd and
Cent:al Avenues. The property is zoned M-1, Light Industrial, and
thers is additional industrial zoning to the south and west. The
peti=ioner's site shares a common driveway with the Onan building
to i.he south. In order to screen the cutside storage, the
peti�ioner is proposing to construct a ience along the public
righ=-of-way on the east side of the property.
Ms. KcPherson stated that in 1980, the petitioner was cited ment
lack of appropriate screening of outside of materials and equip
as iequired by Code. Recently, Steven Barg, the City's Code
Enfo�cement Officer, has been working with Mr. Babinski to either
remo�e the materials that are currently being stored in the front
and -ear yards of the parcel or apply for a special use permit.
Ms. +IcPherson stated the petitioner does have an existing fenced
storige area on the south side of the building. The materials
curr�ntly being stored within this storage area are listed on
Atta :hment A of the Staff Report. Currently, an old MTC bus is
. �
gLANNINC � COi+IIYiISSION l�tEETZNG, JIINE Z0. 1990 pl►GE 7
being u::ed to store various types of plumbinq materials; and, in
additio��, staff could not determine the direct relation of come
materia:.s to the petitioner's lumber contracting business and
excavat..ng business.
Ms . McP ierson stated there is adequate space on the property to
constru�:t a 55 ft. x 200 ft. warehouse addition which would 9fin
the pet.tioner an additional 5,500 sq. ft. of warehouse epace.
additio i to the items within the storage area, there are items that
are cuzrently being stored in the front and rear yards. These
items a�e also listed on Attachment A of the Staff Report.
Ms. McFherson stated the petitioner is proposing to construct a
solid ience along the east property line which would follow the
public �oulevard. This fence would allow the petitioner to comply
with th� screening requirement of the zoning code.
Ms. McFherson stated staff was contacted by Woody Nelson of Onan
Corporation. Mr. Nelson was concerned that the storage area not
be expa �ded any larger than it is as it can be difficult for Onan's
trucks to access their loading docks. The loading docks of the two
buildirgs are staggered so that access and truck parking will not
interfere with each other. Mr. Nelson was concerned that any
furthez expansion of the storage area could interfere with this
type oi activity and would limit the access to the western loading
dock ai eas.
Ms. Mclherson stated the special use permit request is consistent
with t�e uses outlined by the M-1 zoning requirements. The
propose d fence would allow the petitioner to meet the screening
require:ments of the zoning code. Staff recommends that the
Planni��g Commission recommend to City Council approval of the
specia: use permit request with the following stipulations:
1 The existing storaqe area shall be cleaned of materials
not directly related to the retail lumber and contracting
business and shall be used to store only the following
items:
a. three caterpillars
b. one forklift
c. one scraper
d. pallets
e. one crane
2. Vehicles used on a daily basis shall be allowed to be
stored outside the storage area.
. .
PLAN1rZNG CoMMZSSION MEETiNG. JIINE 20. 1990 PAGE 8
3.
4.
5.
The existing storage fence shall be reslatted.
The petitioner shall desiqnate parkinq spaces at the rear
of the building for the tractor trailers currently parked
in the front yard.
The petitioner shall discontinue outside storage of the
follow.ing items which nre currently stored in the front
yard:
a. school bus
b. motorhome
c. trailer
5. The petitioner shall install an 8 foot high wood fence
and 3 boulevard trees along the east property line. the
fence design shall be approved by staff prior to
installation. The boulevard trees shall be a minimum of
2 1/2 inches caliper.
Ms. D3cy stated the petitioner has advised staff that they might
want to pursue constructing additional warehouse space, and the
Plann '.ng Commission may want to encourage the petitioner to explore
that � �ption.
Mr. B��tzold asked if the petitioner is aware of Onan's concerns.
Ms. D �cy stated staff qave a copy of Mr. Nelson's letter to the
petit:.oner. It is staff's understanding that Mr. Nelson is
conce��ned about the expansion of the storage area, and it is
staff s intent to limit the storage area to what is existinq and
not tc� increase the storage area beyond the existinq fence line.
Mr. S�ba stated he is concerned about the materials beinq stored
on the property. Have any environmental impact or soil tests been
done 1or this area?
Ms. Dacy stated that according to the petitioner, the storage area
is bl�cktopped and not raw earth. To staff's knowledge, no soil
tests have been done in this area, and that is the reason staff fs
recomir ending the area be cleaned up and used only for the equipment
needed for the business. Staff has reviewed the stipulations with
the pEtitioner, and he has assured staff that he will separate
those materials.
Mr. Saba stated there is a storm sewer right outside the storage
area. Any contaminants will wash down the blacktop rfght fnto the
storm aewer.
� '�
pLANNLNG COMMISSION MEETING. JIINE 1990 __ PAGE 9
Ms. liacy stated there is also a continuing concern about the
property next door and the outside storage for a welding and tank
operation. If there is any contamination, it is probably coming
from that location. The bottom line is that they all want the
petitioner's outside storage area cleaned up.
Ms. Sherek asked what the �zoning code says about outside storage
of m��terials in M-1 zoning districts. Is. storage limited to
equiFment and materials related to the particular business, or can
anything be stored outside? _�
Ms. Lacy stated the language for the M-1 zoning district states:
��exterior storage of materials and equipment". In another section
of tie code, it states: "Vehicles directly related to the
principal use may be stored in the rear yard if they are screened
from the public right-of-way."
MOTICH by Ms. Sherek, seconded by Mr. Dahlberg, to receive the
letter dated June 18, 1990, from Norwood Nelson, Director,
Corperate Facilities, Onan Corporation, to Donald Betzold.
UPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BETZOLD DECLARED
THE N�TION CARRIED UNANIMOIISLY.
Mr. :'rank Kramer stated he is representing John Babinski. He
stated Mr. Babinski is willing to clean up the storage area of
matez ials not directly related to the retail lumber and contracting
busir ess.
Mr. Betzold asked what can be done about any environmental
concerns. Is there any City staff that can look into that?
Ms. Iacy stated there is no one on staff qualified to do that. In
the �ast, the City has asked Pollution Control Staff to do an on-
site visit, and then have the property owner conduct soil tests
and/cr samples of runoff as it discharges from the site.
Mr. I�ramer stated that basically all they have stored on the site
are :ires and smaller tanks. The larger tanks are owned by
Detexman Welding located next to their property.
Ms. �herek stated if it is the petitioner's intention to remove at
least one old truck body and the MTC bus.
Mr. i�ramer stated they want to explore the possibility of building
additional warehouse space. They are a contracting business that
inst�lls sewer and water and they do a lot of earthwork. The MTC
bus i s used to store fittings for their sewer and water contracting
busiress, and they would like to keep the MTC bus. : They are
prep�red to cover it or camouflage it in some way.
. .
pLANNCNG COMMISSION KEETZNG. JUNE 20. 1990 PAGE 10
Ms. S.ierek stated she is very concerned because she lives in this
neigh:>orhood. She asked if it is logically possible to accommodate
all tie equipment on this site, particularly in the winter time,
witho�it parking some of the vehicles either in front of the
build..ng or behind the buildinq? �
Mr. K� •amer stated they do have other storaqe areas for their heavy
equip��ent. Only about 10��of all their heavy equipment is at this
locat:on at any given time. He stated they have removed almost
everyihing from the front parking lot. The reason the trucks are
still parked in front is because there is a severe vandalism
problEm in this area. When the trucks are parked in back, windows
are b-oken, mirrors torn off, etc. In eix months, they had 5
broker windows and one broken mirror.
Mr. Betzold stated that because of the vandalism problem, maybe it
would be more practical and more feasible to build a storage area.
Ms . Sh erek stated that a slatted fence around the storage area will
not help the vandalism problem; in fact, it will probably make it
worse, because the vandals cannot be observed from the street.
Mr. Kramer stated they would like to discuss with City staff the
possi�ility of a 5,500 sq. ft. storage addition. The addition
would �e a pole, metal type storage building. The metal building
would be more cost effective, and the side facing Central Avenue
would �e all garage doors so they can back in the trucks off their
existi�g driveway. The other two sides would face Determan Welding
and Oran's warehouse side. Before they start drawing up plans,
they w3nted to first get a feelinq from staff and the Commission
on whe:her this type of building is feasible.
Ms. Da �y stated there is no specific statement in the code that
says m:tal buildings are prohibited. However, it has been the
City's consistent policy that additions are to be architecturally
compa�.ble with the existing building. Mr. Kramer does raise a
good p��int about the visibility issue and what is surrounding the
propos� �d addition. She stated that, depending upon the type of
metal �:xterior, it is possible that it might not be offensive.
MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to close the public
hearinc �.
IIPON A VOICE VOTE, ALL VOTING AYE, CAAIRPER80N BETZOLD DECLARED
THE M0720N CARRIED I►ATD THE POBLIC HEARING CLOBED AT 8:35 P.M.
Mr. Sal �a stated he would be more in favor of a storage addition
than a fenced-in storaqe area. .
Ms. ShErek stated she would prefer the storage addition, because
it is a more permanent solution than a fence along Central Avenue.
�ING COMMIBSION MEETING. JIINE 20. 1990 PAGE 11
:acy stated staff, along with Darrel Clark, the Chief Building
:ial, can discuss the storage addition with the petitioner.
Mr. ]:ramer stated he would be willing to table the special use
permit request as long as he can clean up the area, but not
eliminate everything unt�l they arrive at a more permanent
solution.
Ms. �herek stated her biggest concern is that the petitioner can
have the best intentions of resolving the issue by cleaning up the
stora ge area and putting everything in back. By having a fence
whicY: might encourage more vandalism, she can see everything coming
back out front again, and that is not a solution to this storage
problem. She would like to see the petitioner explore the option
of a storage addition with staff.
�IOTICK by Mr. Saba, seconded by Ms. Sherek, to table special use
permi t, SP #90-08, by John Babinski, to qive the petitioner and
staff an opportunity to discuss the possibility of a storage
building addition.
UPON A VOZCE VOTE, ALL VOTING AYE, CBAIRPERSON HETZOLD DECLARED
THE MJTION CARRIED UNANZMOUSLY.
4.
7V�V7 Di LLL'lr+L ll��.vr�rvav'aaa+✓ � --- ---
BODYWORKS:
Per Section 205.18.O1.C.(12) of the Fridley City Co to allow
�xterior storage of materials and equipment on t 2, Block
4, Commerce Park, and that part of Lot 2 lyin n Section 10-
30-24, subject to utility and gas easemen as shown on plat
3nd subject to any other easements record, generally
located at 100 Osborne Road N.E.
MOTIO q by Mr. Kuechle, seconded by Ms. herek, to waive the reading
of th: public hearing notice and o n the public hearing.
UPON A VOICE VOTE, ALL VOTIN YE, CHAIRPERSON BETZOLD DECLARED
THE M)TION CARRIED AND THE LIC BEARING OPEN AT 8:40 P.M.
Ms. M:Pherson stated th' property is zoned M-2, Iieavy Industrial,
with ��dj acent M-2 zo ' g on the north, east, and south sides of the
prope�ty. There i commercial and residential zoning to the west
of tha property cross the railroad tracks.
Ms. M�Phers stated the petitioner is requestinq a special use
permi : in rder to construct a fenced storage area directly outside
the t� �n t stall of this multi-tenant building. The petitioner has
a con� . act with Shorty's Towing, which has a contract with the City
of �.dley, to tow accident vehicles from accident sites to various
/
9S
CITY OF 1�IDL8Y
PLl11d1dIId�3 COl�[I88ION IL88TING, OCTOBER Z 4, 19 9 0
i �w.w.�w.w��.�w��►��.1►v�rr�wrw��w�r�rwr����r�rr.irw�r�w.��r�www�w��w.w�►�w�'r�r�.rw.rw.�r�wr
CALL TO ORDER:
ChaiYperson Betzold called the October 24, 199
Commission meetinq to order at 7:35 p.m. /
0 L AC LL;
Members Present:
Membe rs Absent :
Don Betzold, Dave Kondr
Sue Sherek, Paul Dahlbe
Diane Savaqe
I�, Dean Saba,
, Connie Modig
Planning
Others Present: Barbara Dacy, P nning Coordinator
Michele McPhe on, Planning Assistant
Frank Kraem , 1290 - 73rd Avenue N.E>
Christine ansen, 230 Rice Creek Boulevard
Tay Kers , 8450 Eastwood Road, Mpls. 55112
Roger ene, 870 Pandora Drive N.E.
Rob Lange, 189 Loqan Parkway N.E.
D g Erickson, Fridley Focus
P RO
OTIO ± b�. Sherek, seconded by Ms . Modig, to approve the October
10, 1�90 Planning Commission minutes as written.
IIPO A VOICE VOTE, l�LL VOTII�iCi !1Y$, C8liIRP$R80N BETZOLD DECLARED
T M� �TZON Cl�RRIED IINANZMOIIBLY.
1. "ABLED• CONSIDERATION OF A SPECIAL USE PERMIT SP #90-08, BY
� �OHN BABINSKI •
'�er Section 205.17.01.C.(il) of the Fridley City Code, to
��llow exterior storage of materials on Lots 1 through 20,
�'entral Avenue Addition, generally located at 1290 - 73rd
i �venue N . E .
O IO1[ by Mr. Rondrick, seconded by Mr. Saba, to remove the item
from 1.he table and reopen the public hearing.
OPON :1 VOICE VOT$, 71LL VOTINt� 71YB, CSAIRPBRSON BETZOLD DBCLARED
THE M� �TION CARRIED li1PTD THE PIIBLIC HBARZNG REOPENED AT � t 37 P. M.
Ms. McPherson stated this item was first presented to the Planning
Commi:sion on June 20, 1990. At that time, the petitioner was
reque:ting a special use permit to allow exterior storage of
9T
•
9U
g� LNG COIrII�IZBBION l[EBTIHG. OCTOBER Z4, 1990 p�a$ Z
materials at the above location. The �ite ie zoned M-1, Light
Industrial, as are the parcels to the south and west. There is M-
1 and C-2, Local Business, zoninq to the north, and R-3, General
Multi�le Dwelling, zoning and M-2, Heavy Industrial, zoninq to the
east. Onan occupies the buildinq south of the petitioner's
buildinq and the two �hare a common drive of Central Avenue.
Ms. M�Pherson stated there is an existinq etorage area surrounded
by a chain link fence with vinyl slats on the east eide of the
property which is used to store a variety of materials including
an MT: bus and other types of building materials, lumber, plumbinq
equip nent, etc.
Ms. �!cPherson stated the petitioner has proposed to construct a
screezinq fence alonq the east property line alonq the riqht-of-
way t� provide screening and to meet the Code requirement.
Ms. M�:Pherson stated that on June 20, 1990, the Planning Commission
tablei the request to allow the petitioner time to explore a
poten:ial warehouse expansion which would allow the petitioner to
locata as many materials as possible inside the buildinq instead
of outside the buildinq. The petitioner has informed staff that
a war�:house expansion is not possible because of the cost involved.
In di>cussions with staff, the petitioner indicated he could clean
the e�tistinq storaqe area in order to allow all the equipment to
be mo�ed inside the existing storage area and that the equipment
that could not fit within the storaqe area could be moved to
anoth:r site. The petitioner indicated this could be completed by
Novem�er 15, 1990.
Ms. l�cPherson stated that in addition to those items that are
curre�tly stored in the rear yard, there are still several items
that are beinq stored in the front yard. There are tractor
trail:rs and a mobile home (RV-type vehicle) still being stored in
the front yard. The petitioner has requested that he be allowed
the t:�actor trailers to be allowed to be stored in the front yard,
due t� the vandalism problem. However, staff cannot recommend
appro� ral of this request.
Ms. rcPherson etated etaff is recommendinq that the Planning
Commi:sion recommend to the City Council approval of this special
use p��rmit as the special use permit ie consistent with the use as
outli; ied by the 1rI-1 zoninq requirements, and the proposed fence
will �,llow the petitioner to meet the screening requirements of the
Zonin+� Code. Staff does recommend the followinq four stipulations:
.. The existing storaqe area shall be cleaned of materials
not directly related to the retail lumber and contracting
business and shall be used to atore only heavy equipment
directly related to the retail lumber and contracting
business. Clean-up shall be completed by November 15,
1990.
E�;�� � �• x� _ . ,i_ : � ..�i• = � �
2. Flat bad trailers shall be allowed to be stored outside
the Btoraqe area in the rear yard at the loadinq docks.
3. The existinq storaqe fence shall be reslatted.
4. The petitioner shall install an 8 toot hiqh wood fence
and 3 boulevard trees along the aast pzoperty line. The
fence desiqn shall be approved by ataff prior to
installation. The boulevard trees shall be a minimum of
2 1/2" caliper. -�
Mr. Betzold asked how the clean-up is proceedinq.
Mr. Frank Rraemer, representinq Mr. Babinski, stated the
cor.tracting business is slowing down now for the season, and they
will soon be able to have their employees work on the clean-up.
He believed they will be able to aake the November 15 deadline.
Mr. Kraemer etated that stipulation #1 �tated that the exfstinq
stcrage area would be "used to store only h�avy �quipment...." He
sta ted he would like to have the atipulation state that the storage
are� would be "used to store only heavy equipment �nd materials..."
Mr. Kraemer stated they are building a storaqe facility in northern
Min �esota . Al l the equipment will be moved to that location by
Nov �mber 15 . �
Ms. Modiq stated that on May 12, 1980, Mr. Babinski was cited for
illagal outside storaqe of materials and equipment. No response
was ever made to that, co what assurance does the City have that
the site will be cleaned up by November 15, 1990?
Mr. Kraemer stated the clean-up process has already etarted. A
lot of the lumber will soon be moved to the job site. They have
cle�red out and rearranged half the warehouse. They have removed
one of the buses and one mobile home.
Mr. Kraemer etated they had soil tests taken and because of the
env�ronmental problems caused by other businesses in the area, it
is almost impossible to obtain a�ortqaqe so any warehouse
exp�insion is just not financially ieasible.
Ms. Sherek stated that at the June 20 Planning Commission meeting,
Mr. Rraemer had stated that the tractor trailers were parked in
fro� �t because of the severe vandalism problem they have in this
are��. This special use permit is statinq that these vehicles must
be � ►arked in the rear. .
Nl'I
9W
pI.�Nri: HG COl�IIBBION 1[EBTZNG. OC"1'OBER 24. 1990 p�a$ 4
Mr. R�aemer stated that in the last two weeks, they have had about
$5,OOC in damaqe to their vehicles, even while they were parked in
f ront ,
Ms. Sierek stated that parkinq these vehicles in lront of the
build� nq is not an allowable situation. If this special u6e permit
ie ap�roved, will the petitionez continue to be in violation?
Mr. Riaemer stated that they have a lot of �oney invested in these
truck:. The vandalism is astronomical. They need to park two
vehic]es in front, a dump truck and a semi-tractor trailer. The
other vehicles will be moved to the rear.
Mr. S� .ba asked what measures the petitioner is takinq to reduce
the v� ndalism.
Mr. Kzaemer stated they have improved the lightinq in front and in
back cf the buildinq.
Mr. BEtzold stated that if the petitioner continues to park these
two vEhicles in front of the buildinq, will they be in violation
of the Code?
Ms. Dacy stated, yes. The Code reads that if there are any trucks
or vei icles related to the business, they must be stored in the
rear �azd. That was the basis for staff's recommendation. When
they discussed this a few weeks aqo with Mr. Kraemer, staff advised
him that if he wanted the stipulation to read otherwise, it was up
to the Planninq Commission and City Council to do that.
Ms. Sl�erek stated that if the Planninq Commission and Council
approve the parking of the two vehicles in front, what assurance
does ihe City have that the two vehicles will not turn into 3
vehicles, then 4, etc.? She stated this is what has happened in
the pa st .
Mr. Kr �emer stated that with the storage facility they are building
in northern Minnesota to store all the heavy equipment, that will
take c:are of a lot of the problem, because they now have an
altern3tive.
O O by Ms. Sherek, seconded by Mr. Saba, to close the public
hearin �.
IIPON 71 VOIC$ VOT$, 11LL VOTING 7►YE, CHliZRPERSON BETZOLD DECLliRED
T88 �[O['ION CARRI$D 11ND THS BQBLIC HE!►RINa CLOSED 71T 7s35 P.M.
Mr. Rondrick etated maybe the Planninq Commission should wait to
take a ction on this special use permit after the petitfoner has
cleane i up the property.
9X
��'T�G COI�ZSSION ![E$TING. OCTOBBR 24. 1990 PAQE 5
Ms. :herek sugqested the Commission act on the special use permit
at t:iis meetinq, but ask that the Council not act on ft until
Novei �ber 19, 1990, after the November 15 deadline when the existing
stor�.ge area is supposed to be cleaned up.
Mr. :aba stated that because of the severe vandalism problems the
petil.ioner has had, he thouqht the Commission should have some
cons:deration for the petitioner and allow the storage of two
vehi<:les in front of the buildinq as requested by the petitioner.
MOTZc�N by Ms. Sherek, seconded by Mr. Saba, to recommend to City
Coun<:il approval of special use permit, SP #90-08, by John
Babi��ski, per Section 205.17.O1.C.(11) of the Fridley City Code,
to aLlow exterior storage of materials on Lots 1 through 20,
Cent��al Avenue Addition, qenerally located at 1290 - 73rd Avenue
N.E. with the following stipulations:
1. The existing storage area shall be cleaned of materials
not directly related to the retail lumber and contracting
business and shall be used to store only heavy equipment
and materials directly related to the retail lumber and
contracting business. Clean-up shall be completed by
November 15, 1990.
2. Flat bed trailors sball bo alloNad to b� stor�d outside
tbe atoraqe area in the rear yard at th• loadinq docks.
Two vehicles may be parked in the front parking lot for
overnight parking, but all other trucks and trailers
shall be stored in the rear yard.
3. The existing storage fence shall be reslatted.
4. The petitioner shall install an 8 foot hiqh wood fence
and 3 boulevard trees along the east property line. The
fence desiqn shall be approved by staff prior to
installation. The boulevard trees shall be a minimum of
2 1/2" caliper.
5. The special use permit shall be reviewed in one year,
and annually thereafter.
IIPON A VOICE VOT$, ]1LL VOTIIdG ]17CS, CHAIRPBRSON BETZOLD DBCLI�iRED
THE l[OTION CARRI$D IINANIMOIISLY.
MOTIi►N by Ms. Sherek, seconded by Mr. Saba, to direct staff submit
sgec..al use permit request, SP #90-08, to the City_.Council on
Nove��ber 19, 1990, or later; and that, subsequent to the City
Coun�:il meeting, staff videotape the site for presentation to the
Coun� :il . -
OPON A VOIC$ VOT$, 11LL VOTING 11YE, CS�IRPER80N B$TZO%D D$CL�IRED
THE l[OTION CARRIED IINANIMOIIBLY.
10
FIRE Dl3PARTMENT
MEMORANDIIM
90-12-2
MEMO TO: WILLIAM W.�BIIRNB, CITY MANAGSR a�r
FROM ; ROB$RT D. AI�DRICH, FIRE CHIEF �\ /�^' �"— '
DATE; DECEMBER 6, 1990
SIIBJiCT: TRAINING FACILITY
Attached is a finalized version of the Joint Powers Agreement for
the �roposed training facility.
This agreement has been reviewed and modified by Greg Herrick on
behalf of Fridley and Charles LeFevere on behalf of Brooklyn
Center. I have reviewed this with key staff and find it to be in
an acceptable form.
Copie � have been available to all the participating departments for
appro?riate action by their respective City Councils.
I rec�mmend approval of the agreement and authorize the necessary
signa :ures .
Thank you for your assistance.
RDA/ s a
Attac: iment
10A
Joi�rr powaRS �►a��rrr
FIRB TRAI�TIZTG 11860CIl�TION
THIS AGREEMENT made by and between the City of Fridley
("Fr: dley" ), the City of Columbia Heights ("Columbia Heiqhts" ), the
City of Brooklyn Center ("Brooklyn Center"), the City of Spring
Lake Park ("Spring Lake Park"), the City of Blaine, ("Blaine"), and
the c�ity of Mounds View, ("Mounds View"), each being a Minnesota
municipal corporation, which together shall form the Fire Training
Association (the "Association").
WHEREAS, each party to this Agreement desires a facility to
traii members of its fire department; and
WHEREAS, it is more economical for the parties of this
AgreEment to jointly and collectively construct, use, and maintain
a fi��e training facility rather than each party constructing and
mainlaining its own facility; and
WHEREAS, Fridley, Columbia Heiqhts, Brooklyn Center, Spring
Lake Park, Blaine, and Mounds View are authorized to enter into an
AgreEment for the joint and cooperative exercise of powers common
to tiem pursuant to Minnesota Statutes 471.59 et seq.; and
WHEREAS, the cities of Spring Lake Park, Blaine and Mounds
View are provided fire protection services by the Sprinq Lake Park
Fire Department, Inc., a Minnesota non-profit corporation;
Jo:nt Powers Agreement
Page 2 1 � B
NOW, THEREFORE, the undersigned governmental units and the
Association in the joint and mutual exercise of their powers agree
to jointly construct and maintain a fire training facility in
acc�rdance with the followinq terms:
1. The Fire Training Association shall consist of four
member departments. For purposes of this Agreement,
Spring Lake Park, Blaine and Mounds View shall be
collectively considered one Member and have one
representative on the Chiefs' Board. Spring Lake Park,
Blaine and Mounds View appoint the Spring Lake Park Fire
Department, Inc. as their aqent, which together with the
cities of Fridley, Columbia Heights, and Brooklyn Center
shall be known as the (°Member Departments").
3. Fire Training Facility. The training facility shall
consist of a training tower and burn room and other
elements of training as determined and recommended by an
Operations Committee (Paragraph 13 hereof) and approved
by the Chiefs' Board.
4. Facility Site. The facility shall be constructed on
property owned by the City of Fridley and located at 348
71st Avenue NE, Fridley, Minnesota. The Member
Departments and the City of Fridley hereby aqree to
execute a twenty-five (25) year lease of the property
from Fridley to the Fire Training Association in
consideration of the payment of $25 for the �ease term.
5. Ownership. Ownership of the facility, excluding land,
shall be jointly held by the Association.
Joi it Powers Aqreement pa9e 3 1 QC,
6. Znitial Construction. Initial Construction costs are
projected to be $200,000, which shall be shared equally
by the parties. The initial construction costs shall not
exceed $200,000 without prior approval of each Member
Department�s City Council. Each Member Department ahall
pay its cost allocation for the facility construction
pursuant to the payment schedule unanimously approved by
the Chiefs' Board.
7. Operating Agent. The Operating Agent shall have
authority, on behalf of the Association, to pay costs
authorized under the Operating Budget for the training
site, and any additional expenses unanimously approved
by the Chiefs' Board. An annual Operating Budget shall
be forecast in the third quarter of each year for the
following year's operation of the site. The 1991
Operatinq Budget is projected to be $6,000. The City of
Fridley is appointed as the initial operating agent. The
Chiefs' Board shall have the authority to name an
alternate department to take on this responsibility as
it deems necessary.
The Chiefs� Board is specifically empowered to set a
limit on the yearly operating costs. Failure of a Member
Department to pay its proportional share of the yearly
operating costs or additional expenses unanimously
approved by the Chiefs' Board shall be grounds for
removal of that Department upon the sole discretion of
a majority vote of the Chiefs' Board.
Join: Powers Aqreement
Paqe 4 � � p
8. Agent for Construction. The member Departments
specifically authorize the City of Fridley to act as the
Agent for Construction of the facility on their behalf.
The Agent for Construction is empowered to commission
desiqns for the facility according to the specifications
approved by the Chiefs' Board. Following approval by the
Chiefs' Board, the Agent for Construction shall cause
bids to be taken for the construction and shall present
the final bids to the Chiefs� Board for ratification.
Once the bids and specifications have been approved by
the Chiefs' Board, the Agent for Construction shall have
the power to award the contracts and bind the Member
Departments to the contracts so awarded.
9. Repairs and Improvements. If recommended by the
Operations Committee and approved by the Chiefs' Board
in advance and ratified by each of the Member
Department's City Councils, all major repairs,
replacements, additions/improvements shall be equally
assessed against each Member Department.
10. Insurance. The Association shall purchase policy(ies)
of insurance in forms and amounts to protect its
insurable interests in the value of the site's
improvement against perils of fire, theft, vandalism and
Acts of God, and to protect the financial interests of
Association, parties, their agents and employees, against
all claims or lawsuits, includinq expenses and attorney
fees, arising from the ownership, design, operation, and
maintenance of the facility. The policy(ies') limits,
Joint Powers Aqreement
Paqe 5 � Q E
terms and conditions shall be acceptable to each party.
Costs of insurance shall be apportioned equally to each
Member Department.
li. Facility Use. Each Member Department shall be entitled
to equal use of the facility, subject to advance
scheduling through the Operations Committee under the
rules and quidelines established by the Chiefs' Board.
�.2. Use By Others. The Chiefs' Board shall establish
guidelines for use of the facility by others for a fee.
The Operations Committee shall carry out the quidelines
and shall be in charge of scheduling and collection of
rentsjfees. No rental shall be scheduled so as to
conflict with any scheduled activity by a Member
Department. Any rents/fees collected in excess of
current year operating expenses may, at the Chiefs'
Board's discretion, be retained for repair, improvements
to the facility, future operatinq expenses, or returned
to the Member Departments.
:3. Chiefs' Board. The Chiefs' Board shall consist of the
Fire Chief or the Fire Chiefs' designee of each Member
Department, unless another representative is designated
by the City Council of a member. The Board shall act by
majority vote of a quorum present at a board meeting
(unless unanimous approval is required by this Aqreement)
duly called by a member of the Board upon notice given
to all members by mail 20 days in advance of the meeting.
The Board may act without a meeting by a unanimous
writing in lieu of a meeting.
Joint Powers Aqreement
Page 6 � � F
14. Operations Committee. The Operations Committee shall
consist of a firefiqhter/officer appointed by the Fire
Chief of each Member Department.
15. Indemnification. Each non-Member Department or
organization using the facility shall fully indemnify the
Member Departments against all loss, damage liability
claims, suits, judqments, costs and expenses by reason
of loss of or damage to property and injury to or death
of persons caused by acts or omissions of the non-member
organization, its officers, aqents or employees, arising
from or growing out of, directly or indirectly, wholly
or partly, its maintenance, operation or use of the
facility.
16. Termination of Agreement. Any Member Department may
terminate its participation under this Agreement by
giving 60 days advance written notice of intent to
terminate, directed to the attention of the remaining
Members of the Chiefs' Board. The terminating Member
Department has no right of refund for its share of fees
or costs paid under this Agreement, and waives any and
all rights and interest in the training facility.
Furthermore, any city terminating its participation under
this Agreement is bound to pay its proportionate share
of the initial construction costs. Said city shall also
be responsible for its proportionate share of outstandinq
operating costs through the f iscal year in which it qives
notice of withdrawal. A withdrawing member shall have
no claim to assets of the Association including excess
Joirt Powers Agreement
fees or rents collected under paragraph 12.
Page 7 � � G
Upon
withdrawal of all Member Departments, the land and
improvements shall revert to the City of Fridley.
17. Dissolution. Upon unanimous approval by the Member
Departments, the dissolution of this Association may be
adopted, at which time the Buildinq and Property shall
revert to the City of Fridley, and all other assets and
liabilities shall be divided among the remaininq Member
Departments in proportion to the contribution of the
remaining Member Departments.
18. Amendment. Any amendments to this Agreement require a
two-thirds vote of the Members of the Chiefs' Board and
must be approved by the City Councils for each party.
IN WITNESS THEREOF, the undersigned have caused this Agreement
to ke executed by their duly authorized officers by authority of
their respective governing bodies.
City of Fridley
Mayc r
City Manager
Date
City of Brooklyn Center
Mayo r
City Manager
City of Columbia Heights
Mayor
City Manager
Date
City of Sprinq Lk. Park
Mayor
City Manaqer
Date Date
Join: Powers Aqreement
City of Blaine
Mayo: -
City Manager
Date
trai�in..fsc\egredee�t
Page 8 1 � H
City of Mounds View
Mayor
City Manager
Date
11
FIRE D$PARTMl3NT
1rI8MORANDIIM
90-i1-6
.,� .1 °
MEMO TO: WILLIAM W.�BIIRNB� CITY MANAGER �'
FROM: ROBERT D. ALDRICB, FIRE CHIEF /�jG��-.
DATE: NOVEMBER 28, 1990
SIIBJE�T: REFIIRBISHING AERIAL LADDER
Enclo�ed is the bid proposal of Determan Tank and Welding to
refur�ish the Fire Department�s aerial ladder.
The kid of Determan was the only bid received although we did
publi�h notice of the call for bids and we also sent out
speciFications and proposal forms to three firms that do this type
of wo ^k.
The b.d of Determan is within the range allowed for this work under
the cipital improvements budget.
I rec�mmend the City Council accept the bid and award the contract
to D�aterman Tank and Welding of Fridley in the amount of
$51, 2 34 . 00.
RDA/s �
Enclo aure
�
�
�;�� �`��
� yll
DETERMAM wE�o�NC d� TANK SERVICE� INC.
1241-72�d Avenue N.E. • Minneapofis, Minnesota 55432
(612) 571-8110 • FAX (612) 571-1789
No� ►ember 9, 19 9 0
Fr:.dley Fire Department
64:1 University Avenue Northeast
Fr: dley, MN 55432
REF: 7446
Att n: Bob Aldrich
BID
Repair to ladder truck number 2 per specification
dated October 17, 1990, pages 1 through 4
$51,234.00
(applicable taxes not includedj
Sig ied:
C�
�..� ,�
Da�:.d L. Anderson
Ser �ice Manager
DLAi lan
enc] .
Manufacturer of Brownie Products • Galvaneer Truck Tanks
Volumetric Provers • Aviation Fuelers & Hydrant Carts
'; Repairing & Reconditioning Truck Tanks & Transports
�'' Installing & Remodeling Bulk Plants, Terminals & Airport�Fuel Systems
'"'�'"�� � 1 A
our V.
25th Year
$erving the
Petroleum
' Industry
�rewe» ►rod�c�
�?
-Fage 1 of 4- October 17, 1990
Fridley Fire Department
Ladder Truck No. 2- Repair Specification
Th�roughly power wash all dirty areas.
PH )TO A
l) Remove steel diamond plate. Fabricate new aluminum
diamond plate and weld into place. Mount step onto
truck cab and reinforce.
PHi )TO B
;!) Remove 2" ladder brackets. Fabricate new ladder brackets
usinq existing clamp and install 2' back from original
brackets.
:) Remove ladder support brackets. Fabricate new support
brackets 2' longer than originals and mount.
1) Remove steel diamond plate from engine shroud. Fabricate
and install new aluminum diamond plate.
Al] doors to be aluminum, double-paneled (inner and outer) with
renovable inner panel for access to latch assembly. All hinges
anc handles to be stainless steel. All cabinets to have flush
flcors to allow complete cleaning and washing out. Each cabinet
to have interior light with switch activated by opening and
cicsing cabinet door.
Pxc ro c
5,6) Remove blank panel and seat above. Fabricate and install
cabinet in it's place. Fabricate and install two
side-hinged doors with hinqe, handle and latch.
7) Remove double doors. Fabricate new door jambs to accomo-
date flush mount doors. Remove cabinet floor. Fabricate
and install new floor. Fabricate new double doors. Fabri-
cate and install center door divider. Install side-hinged
doors with hinges, handles and latches.
8 Remove door above wheel pocket. Remove cabinet floor.
Fabricate and install new cabinet floor and jamb for flush
mount door. Fabricate and install two new side-hinged
doors with hinqe, handle and latches.
9,11) Remove doors from upper and lower cabinets. Remove cabinet
floors. Fabricate and install new jambs to accomodate
flush mount doors. Fabricate and install center door
divider. Fabricate and install upper and lower cabinet
floors. Fabricate and install side-hinged double doors on
each cabinet with hinges, handles, and latches.
11C
-Pace 2 of 4-
PH07 0 C-a
Refers to 5), 6), and 7) above.
PH07 0 D
11) Remove steel diamond plate cab step. Fabricate and install
new aluminum diamond plate step. Reinforce as needed.
12) Remove front bumper. Remove steel diamond plate from
bumper top and sides. Fabricate, weld and inatall new
aluminum diamond plate onto bumper top and sides. Remount
bumper onto truck.
PH07 OS E and F
13) Remove steel diamond plate box quard for cable. Fabricate,
weld and install new aluminum diamond plate box guard.
14) Remove steel diamond plate turntable floor. Fabricate,
weld, tap and install additional braces to hold diamond
plate. Fabricate and install new aluminum diamond plate
turntable floor. Install chrome trim on turntable.
14a) Remove steel diamond plate from rear platform under turn-
table. Fabricate new sub-frame for mounting new diamond
plate. Grind each side of existing diamond plate for over-
lay of new aluminum diamond plate and for support
structure. Fabricate, fit and install new aluminum diamond
plate on rear platform.
PH07 0 G
15) Remove steel diamond plate battery box. Fabricate, weld
and install new aluminum diamond plate battery box with
removable cover and slider guides.
16� Remove steel diamond plate cover above battery box. Fabri-
cate and install new aluminum diamond plate cover. Install
and rewire plug.
17) Remove steel diamond plate running board. Fabricate and
install mounting brackets. Fabricate and install new
aluminum diamond plate running board.
PH07 0 H
See 15�.
PH07 0 I
See 16). �
PH07 0 J
See 5) and 16).
11D
-P ige 3 of 4-
PH )TO R
18.19) Remove existing doors from upper and lower cabinets. Re-
move cabinet floors. Fabricate and install door jambs to
accomodate flush mount doors. Fabricate and install new
cabinet floors. Fabricate and install upper and lower
side-hinged double doors with hinqes, handles, and
latches.
2��) Remove door above wheel pocket. Remove cabinet floor.
Fabricate and install new cabinet floor and jamb for flush
mount door. Fabricate and install two new side-hinged
doors with hinqes, handles, and latches.
2:) Remove door and cabinet floor. Fabricate and install new
cabinet foor and door jamb for flush mount door. Fabri-
cate and install new door, hinge, and latch.
2:) Remove door and cabinet floor. Fabricate and install new
cabinet foor and door jamb for flush mount door. Fabri-
cate and install new side-hinged door with hinge, handle
and latch.
2:) Remove door and cabinet floor. Fabricate and install new
cabinet floor and door jamb to accomodate flush mount door.
Fabricate and install new side-hinged door with hinge,
hanclle, and latch.
29) Remove blank panel and seat above. Fabricate and install
cabinet in it's place. Fabricate and install flush mount
door jambs. Fabricate and install side-hinged door with
hinge, handle and latch.
25) Remove steel diamond plate running board. Fabricate and
install sugport brackets for new running board. Fabricate
and install new aluminum diamond plate runninq board.
pxc ro L
26) Remove nozzle holder and flood light from steel diamond
plate. Remove steel diamond plate. Fabricate and install
new aluminum diamond plate. Re-install nozzle holder.
Re-install and rewire flood light.
pxo ro M
27) Remove equipment from steel diamond plate platform over
engine compartment. Remove steel diamond plate platform.
Fabricate and install removable new aluminum diamond plate
platform. Re-install equipment.
11E
-P ige 4 of 4-
PH )TO N
28,29) Remove equipment from steel diamond plate platform in
front of turntable deck. Remove aluminum box to allow
removal of steel diamond plate. Remove steel diamond
plate platfona. Fabricate and install new aluminum
diamond plate platform. Re-install equipment, including
aluminwn box .
PH� )TO 0
3t) Extend cab 32" to the rear. Fabricate and install frame-
work for cab extension shell. Fabricate and install
aluminum cab extension top, sides and rear. Fabricate
and install streetside and curbside doors in cab ex-
tension, each with top and bottom windows, hinge, handle
and latch. Install slide or push-out window in rear of
cab extension (not intended for eqress).
PH( �TO P
3:) Remove steel diamond plate from step behind wheel.
Fabricate and install new aluminum diamond plate
step including hinged cover for electrical cord
storage compartment.
PHt TO Q
3�) Remount oxygen tanks and brackets in cabinet above
wheel pocket.
PHC TO R
3?) Sandblast rear of truck. Sandblast as needed steel areas
on remainder of truck. Prepare and repaint complete
truck and ladder assembly usinq DuPont Imron.
pxc ro s
34) Sample interior door panel.
/��� ' �\
� i
�
�
•;k,,
..;
,
,�,, .
...
DATE DECEMB
I FROM PUBLIC
SUBJECT
ANIMAI,
AMENDM
POLICE DEPARTMENT
City of Fridlsy
Minnssote
MEMORANDUM
�2
Our an�mal shelter contractor, Skyline Veterinary Hospital, is requesting
an inc�ease in compensation from $830 per.mo. to $1100 per/mo. due
to an xnanticipated increase in the number of animal intakes.
Skylin� had agreed to provide animal shelter services to us for $830
per/mo. This was on our projection of 20 animals per/mo. based on
three �ears experience. This rate would have provided Skyline approximately
$41.50 per animal. Since contracting with Skyline we have been averaging
32 aninals per/mo. or $25.94 per animal�to Skyline. Apparently $25.94
per an�mal is not sufficient to cover the cost of administration, boarding,
veterilary care, animal examinations, euthanasia, and disposal if required.
The ne�otiated $1100 per/mo. would provide Skyline $34.38 per animal
per molth with 32 animals. Should the intake drop to 20 animals, this
would �rovide Skyline $55 per animal for the month.
As a c�mparison, the following would be the cost to the City through
the Gr�ater Anoka County Humane Society's rates for unclaimed animals.
First iay administration fee
Four d�ys boarding @ $9
Euthan �sia
Dispos il
Total
One Cat
$30
36
35
20
$121
One 80+ lb Dog
$30
36
80
20
$166
In add_tion, veterinary services are $30 per/hour and quarantine fees
are $5 per/day above boarding fees at the Humane Society.
Recomm�nd Council approve the proposed amendment with Skyline.
There _s $10,000 in the 1991 budget for this service. The increase
cost w_11 total $13,200. Request that $3,200 be transferred from Emergency
Reserv: to cover this increase. •
JPH/sa
12A
Skyline Veterinary Hospital Ltd.
6220 Highway 65 N.E., Fridley, MN 55432
STEPHEN J. BRANOJORD, D.V.M..
KENNETH E. SPELT2, D.V.M.
Telephone: 574-9892
November 1, 1990
T0: City of Fridley
The amount of $830.00 is now due for Animal Retention Center
ser�ices provided from October lst to actober 31st, 1990.
After reviewing the ARC records for the lst quarter of our
agreement, we have found that the number of animals impounded is
considerably higher than the original estimate. We have been
aver3ging 32 animals per month, which is more than SO% higher
than the anticipated amount of approximately 20 per month (240/year).
Ther�fore, we are finding it necessary to increase our monthly
fee :o allow us to cover boarding and disposal expenses for these
anim3ls. As of November, 1990, we are requesting the amount of
$1,1?5.00 per month.
At the end of the 2nd quarter of this agreement (Feb.1,1991),
we w.11 plan to again evaluate the average number of animals im-
pounled morrthly; if this has decreased, we would be amenable to a
corr�rsponding decrease in the monthly fee.
Thank pou.
Sincerely,
� �
� � �
Dr. Stephen J. Brandjord
12B
����
71NI1dAL COIi'I'ROL COZI'1'RACT
Article VI7I, subd. 1"compensation" of the Animal Control Contract, made
and enterec into on the 23rd day of July, 1990 by and between the Skyline
Veterinary Hospital, 6220 Highway 65 N.E., Fridley, Minnesota 55432, and
the City o� Fridley, 6431 University Avenue, Fridley, Minnesota 55432, is
hereby amei ,ded to read :
"The C ity shall pay the animal shelter the sum of $1100 per month
for sErvices stated in this contract. Said sum shall be paid on
or abc�ut the last day of the month, or within thirty (30) days
after submission of the monthly claims, by the animal shelter."
The effect:.ve date of this amendment shall be December l, 1990.
ANIMAL E: ,TER � ��`e v'�e�``"'�"� � �� �•
`/ � �
BY : �Gc,- � (/ �
TITLE : � G'.�:�'-
DATE : � �/ � JO
CITY
BY:
TITLE:
DATE:
TO:
FROM:
FtNANCE DEPARTMENT
�
MEMORANDUM
WILLIAI�I W. BIIRNS, CITY MANl�iGER I�
RICBARD D. PRIBYL, FINANCE DIRECTOR
BIIBJ:CT: RECEIVING COMPQTER SPECIFICATIONS AND REQUESTING A
MOTION TO ADVERTIBE FOR YENDOR BIDS ON SOFTWARE AND
BARDWARE
DATE December 6, 1990
Afte:� a numbers of years we have finally reached the point where
the �:omputer software and hardware specifications are ready to be
pres�:nted to vendors for a request for bid. As you will recall,
this activity originally started back in 1988. Most recently the
spec:fications have been reviewed by the Cities Computer Review
Comm:ttee which included Councilperson Schneider and Councilperson
Bill:ngs. The specifications were designed in a way that the
soft�are purchase will drive the hardware purchase. I am sure we
will see responses from software distributors acting as primary
vendcrs from a business partnership. Examples of this type of
cooperation is the relationship that exists between IBM/HTE, Inc.,
IBM/Eusiness Records Corp., and UNISYS/SCI, Inc. The specification
also allows us to use select pieces from various proposals if it
is mcre cost effective and does not create any support concerns.
The bid opening is scheduled to occur on January 11, 1991 with the
award of the bid to occur approximately twelve (12) weeks from that
date. This twelve week period allows the accounting department to
evalu�te the proposals, perform vendor reference checks, and visit
sites currently running the software and hardware.
RDP/m :
13
�
�
CITYOF
FRIDLEY
13A
FRIDLEY Ml NICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • i612) 571-3450 • FAX (612) 571-12R7
CITY OF lRIDL$Y
71NOlC� COtfI�iTY, �[IN1J$80TA
NOTICE OF BIDS
Sea]ed bids will be received until 3:00 p.m. on January 11, 1991
at t.he City of Fridley, 6431 University Avenue N.E., Minnesota
55432. At that time the bids will be publicly opened and read
alou3 in the City Council chambers for the following items:
Computer Hardware, Software and Services
All .n accordance with the specifications by the City and available
throigh the office of the City Clerk.
It i> anticipated that these bid proposals will be considered by
the �:ity Council at their regularly scheduled meeting cn April 8,
1991 in the City of Fridley Council chambers.
Bids must be accompanied by a certified check, bid bond or
cash:er's check in the amount of 5� of the bid, not to include
maini .enance costs, and made payable to the City of Fridley as a
quar� ntee that the equipment will be furnished and installed as
spec�fied.
The �roposal must be submitted on bid response forms as provided
by tY:e City of Fridley and include all information as specified in
the Yid specifications. Five (5) copies of the bid proposal and
attachments must be submitted in a sealed envelope clearly marked
and i1 quotes, capital letters and underlined "CITY OF FRIDLEY BID
- COMPUTER HARDWA.RE, SOFTWARE AND SERVICES".
The C Lty reserves the right to reject any or all bids, to waive any
infornalities therein and to award the contract in the best
inter:st of the City.
By th�a order of the City Council.
Shirley A. Haapala, City Clerk
MEMORANDUM
Muniapal Center
•• = 6431 University Avenue Northeast
Fridley, Minnesota 55432
�ypF (612) 572-3507
f �a-� FAX: (612) 571-1287
�1ll1aII1 C. HilIIt
Assistant to the City Manager
1LEM0 TO: �ILLI711[ �. BUR�TB, CITY 1[�Tl1G$it(���.
FROM t wILLI7i1i[ C. HIIl1T, 7188IBT71�iT TO T8B CITY �WTAQER��(r
/
SUBJ �CT: I�iCREl�BB IlT E1[PLOYE$ COI�IPB�T8ATI0� FOit 1991
DlrTS ;
�TOV$i[Bgit 15, 1990
In o rder to prepare the final fiqures for the personal services
port.on of the 1991 budget it will be necessary for the City
Coun� :il to approve a resolution adjustinq salaries and benefits for
1991
This year it has been difficult to estimate the proper amount to
reco�uaend to the Council. Budget constraints are severe not only
in F:�idley but in comparable cities in the metropolitan area. It
appe��rs from our inquires that the general average of anticipated
adju::tments is about four percent. Private companies in the area
tend to have a lower general adjustment, and some of the common
indi�:es suah as the Consumer Price Index tend to be somewhat
high� :r.
Acco��dingly, I am recommendinq that there be a qeneral increase of
four percent (4.0�) in the salaries of Fridley employees who are
not i.embers of a bargaininq unit. I am also recommending that the
cont��ibution toward health, life and dental insurance premiums
(Fle�:ible Benefit Plan, Option A) be increased by $30.00 from
$225,00 per month to $255.00 per month. Finally, I am suggesting
that Option B of the Flexible Benefit Plan be increased by $10.00
from $135.00 per month to $145.00 per month.
These recommendations have been
reso]ution. I request that you
Frid]ey City Council for action
1990.
WCH/j b
Attac hment
incorporated into the attached
present this resolution to the
at their meetinq of December 10,
14
14A
it880LDTIO�i �TO. - 19 9 0
71 RE80L�TIO�i 7►VTSOAISI�TG 11�T I�iCRE718E I�T COl[PE�i871TIO�i
?OR tiiIDLEY CITY E1[PLOYE$8 I'Oit THE 1991
G71LE�TD71R YEAR
WHER'sAS, it is the intention of the Fridley City Council to provide
fair and equitable compensation to Fridley City Employees within
budg:tary constraints; and
WHERsAS, the City Council and City Staff have reviewed economic
indi:ators and compensation adjustments by comparable employers;
and
WHERsAS, an adjustment of employee salaries and benefits is
warr �nted;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
FridLey that the following adjustments be authorized for employees
of t he City of Fridley, with the exception of employees who are
memb�rs of a bargaining unit, effective January 1, 1991.
1. A general increase of 4.0� in employee salaries.
2. For employees eligible for the health benefit an increase
of $30.00 per month in the maximum contribution of the
City toward health and life insurance premiums (Flexible
Benefit Plan, Option A).
3. For employees eliqible for the health benefit who choose
Option B of the Flexible Benefit Plan an increase of
$10.00 per month.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
_ DAY OF , 1990.
SHIFLEY A. HAAPALA - CITY CLERK
WILLIAM J.NEE - MAYOR
E�,y�„et���,�
sewer
W��ter
Parks
Streets
Maintenance
MEMORANDUM
. I��.
TO. William W. Burns, City Manager � PW90-454
FROI [:
DATI � :
SIIB� ECT:
John G. F1ora,�Public Works Director
November 29, 1990
1990 Storm Sewer Capital Outlay -
Slope Mawer/Tractor
In :he 1990 Storm Sewer Capital Outlay approved by the City
Courcil, there is $30,700 budgeted for a 6-wheel drive slope
mower/tractor to cut weeds and grass along the many storm ditches
and around holding ponds throughout Fridley.
Atta�hed are the specifications and the resolution to authorize
advertisement for bids. The bid opening will be January 2, 1991,
and the recommendation to award the contract will be on the City
Coun�il meeting agenda January 7, 1991. Rick Pribyl stated that
funds can be encumbered from the 1990 Budget and expended in
Janu3ry 1991 for the slope mower.
Reconmend that the City Council approve the resolution authorizing
the idvertisement for bids for the 6-wheel drive slope/tractor to
be p►rchased in January, 1991.
JGF/:3Njts
ll`' '
.
•
�, �
15A
it880LDTION iTO. - 1990
REBOLIITION TO ]1DVERTI88 FOR BIDS FOR ONE (1)
8I8-WSEEL DRIVE SLOP$ I�OWBR/TRACTOR
BE I7 RESOLVED by the City Council of the City of Fridley as
follo �s : '
1. �hat it is in the interest of the City to award bid
:ontracts for the following items or materials:
ONE (1) ]l BIY-liHB$L DRIV$ BLOPE MOWER/TRACTOR
2. � copy of the specifications for the above-described
items and materials, together with a proposal for the
nethod of purchase and the payment thereof have been
�resented to the Council by the City Manager and the same
�re hereby approved and adopted as the plans and
�pecifications, and the method of acquisition and payment
�o be required by the City with respect to the
�cquisition of said items and materials.
3. Che purchase of said items and materials as described
ibove shall be effected by sealed bids to be received and
�pened by the City of Fridley on this 2ND DAY OF JANIIARY,
1991 AT 11:00 A.M. The City Manager is directed and
3uthorized to advertise for the purchase of said items
3nd materials by sealed bid proposals under notice as
�rovided by law and the Charter of the City of Fridley,
:.he notice to be substantially in form as that shown by
�xhibit "A" attached hereto and made a part of by
reference. Said notice shall be published at least twice
in the official newspaper of the City of Fridley.
PASSE) AND ADOPTED BY TH$ CITY COUNCIL OF THE CZTY OF FRZDLEY THIS
lOTH )AY OF DECEMBER, 1990.
WILLIAM J. NEE - MAYOR
ATTES � :
SHIRL�Y A. HAAPALA - CITY CLERK
�OTIC$ TO BIDD$RS
ON8 (1) BIZ-wH$SL DttIVS SLOPE ![ORSR/TRACTOR
Seal:d bids will be received and publicly opened by the City of
Frid Ley, Anoka County, Minnesota, at the office of the Public Works
Dire;tor, 6431 University Ave., N.E., Fridley, MN, 55432, (Tel.
571-t450), on Wednesday, the 2ND DAY ot JANUARY, 1990, at 11:00
A.M., for the furnishing of One (1) Six-Wheel Drive Slope/Mower
Trac :or. �
All in accordance with specifications prepared by John G. Flora,
P.E. Public Works Director, Fridley City Hall, 6431 University
Ave. N.E., Fridley, I�i, 55432, (Tel. 571-3450).
Spec.fications may be examined at the office of the Public Works
Dire�:tor and copies may be obtained for the Equipment Dealer's
indi•�idual use by applying to the Public Works Director.
Bids must be made on the basis of cash payment for the
mowe:•/tractor, and accompanied by a cash deposit, certified check
(on � responsible bank in the State of Minnesota) or a bidder's
bond made payable without condition of the City of Fridley, NIN, in
an a�iount of not less than 5 percent (5�) of the total amount of
the ] �id.
The c�ity Council reserves the riqht to reject any and all bids and
to •�aive any informalities in any bids received without
expl� .nation.
No b:d may be withdrawn for a period of thirty (30) days.
By o�der of the City Council of the City of Fridley, Minnesota.
Datec this lOth day of December, 1990.
John G. Flora, P.E.
PUBLIC WORKS DIRECTOR
Publ�shed: FRIDLEY FOCUS:
December 12, 1990
December 19, 1990
December 26, 1990
15B
FINANCE DEPARTMENT 1 s
�
MEMORANDUM
. ��,y .
TO WILLIAM W. SIIRNB, CITY MANAGER �.
FRc�M: RICSARD D. PRIBYL, FINANCE DIRBCTOR
SQ] �JECT:
DA^ 'E :
TRANSFER OF RESIDIIAL D$BT BERVICE FIINDS
November 14, 1990
Attached you will find a resolution that transfers residual funds
frcm the following closed Debt Service Funds:
1. 1975 General Obligation Refunding Bonds
2. Improvement Bonds of 1976
3. Improvement Bonds of 1977
This resolution transfers $160,000 from the bond fund that has
han3led the debt service for the 1975 G.O. Refunding Bonds to the
Improvement Bonds of 1980. The transfer is needed in the this fund
to �rovide sufficient funding fo�-the remaining life of the issue.
The balance of the refunding bonds from 1975, which is $279,007.45
plus any allocated interest income, would then be transferred to
the Closed Bond Fund. The residual funds from the Improvement
Bonis of 1976 and 1977 in the amounts of $586,994.66 and
$67L,491.12, respectively, will be transferred in the Closed Bond
Fun i .
RDP 'me
Att; �chment
��_i
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE TRANSFER OF RESiDUAL CASH
AND INVESTMENT BALANCES FROM VARIOUS DEBT SERVICE FUNDS TO
THE IMPROVEMENT BONDS OF 1980 AND THE CLOSED DEBT SERVICE FUND
WiiE] :EAS, The City of Fridley established the following debt service
funci.s to account for the servicing of debt issued for public
imp� �ovements and refunding purposes: in 1975 the General Obligation
Refi.nding Bonds Debt Service Fund; in 1976 the Improvement Bonds
of :.976 Debt Service Fund; in 1977 the Improvement Bonds of 1977
Debi Service Fund; and in 1980 the Improvement Bonds of 1980 Debt
Ser�ice Fund; and
WHE�EAS, the payment of all bonds and related interest for the
abo� e three debt service funds was completed in 1989, 1990 and 1989
res�ectively; and
WHEi EAS, the remaining balances in the debt service funds as of
December 31, 1990 should first be transferred to the Improvement
Boncs of 1980 and the Closed Debt Service Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of iridley authorizes the transfer of:
1. ;160,000.00 in the General Obligation Refunding Bonds of 1975
Iebt Service Fund to the Improvement Bonds of 1980 Fund; and
2. ;279,007.45 in the General Obligation Refunding Bonds of 1975
Lebt Service Fund plus any allocated interest income for 1990
as of December 31, 1990 to the Closed Debt Service Fund;
3. $586,994.66 in the Improvement Bonds of 1976 Debt Service Fund
pLus any allocated interest income for 1990 as of December 31,
1390 to the Closed Debt Service Fund; and
4. $571,491.12 in the Improvement Bonds of 1977 Debt Service Fund
pLus any allocated interest income for 1990 as of December 31,
1�90 to the Closed Debt Service Fund.
PASS�D AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
_ DAY OF , 1990.
William J. Nee - Mayor
ATTE, �T :
Shir:.ey A. Haapala - City Clerk
CITY OF FRIDLEY
M E M O R A N D U M
TO: WILLIAM W. BIIRNB, CITY MANAGER �u
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
BUBJiCT: LAWFUL GAMBLING EBEMPTION APPLICATION FOR
THE CHIIRCH OF BAINT WILLIAM
DATE; DECEMBER 4� 1990
The �ttached resolution approves the application for a Lawful
Gamb:.ing Exemption for Church of Saint William. The Minnesota
Stat�: Statutes requires a resolution approving or denying any type
of g�,mbling of permit.
17
17A
RFSOLtJTION NO. - 1990
RE80LUTION IN BUPPORT OF !1N APPLICATION FOR ESEMPTION
FROM LAWFIIL aAMBLING LICENSE TO THE CBIIRCH OF BAINT
liI LLIAM
WHER;AS, the City of Fridley has been served with a copy of an
Appl�cation for Exemption from Lawful Gambling License by the
Chur:h of Saint William; and
WHER;AS, the City of Fridley has not found any reason to restrict
the .ocation for the charitable gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of F-idley approves the Exemption from Lawful Gambling License by
the �hurch of Saint William for a Family Fun Night on April 5,
1991
PASS:;D AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1990.
WILLIAM J. NEE - MAYOR
ATTE; �T :
SHIR:�EY A. HAAPALA - CITY CLERK
�•J
CITY OF FRIDLEY
M E M O R A N D O M
TO: WILLIAM W. BIIRNS, CITY MANAGER ��
FROM; RICHARD D. PRIBYL, FINANCE DIRECTOR
SIIBJ:CT: LAWF'OL GAMBLING EBEMPTZON APPLICATION FOR
TOTINO-GRACE HIGH BCHOOL
DATE; DECEMBER 4, 1990
The attached resolution approves the application for a Lawful
GambLing Exemption for Totion-Grace High School. The Minnesota
Stat; Statutes requires a resolution approving or denying any type
of g�mbling of permit.
i
18A
RESOLIITION NO. - 1990
RESOLIITION IN SIIPPORT OF !�N l�PPLICATION FOR A LAWFUL
GAMBLING EBEMPTION TO TOTINO-GRACE HIGH SCHOOL
WHE:tEAS, the City of Fridley has been served with a copy of an
Application for a Lawful Gambling Exemption by the Totino-Grace
Hig z School ; and
WHE2EAS, the City of Fridley has not found any reason to restrict
the location for the charitable gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of �ridley approves the Lawful Gambling Exemption for the Totino-
Gra�e High School Raffle.
PAS>ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1990.
ATT ;ST:
SHI:tLEY A. HAAPALA - CITY CLERK
WILLIAM J. NEE - MAYOR
19
CITY OF FRIDLEY
M E M O R A N D II M
TO: WILLIAM W. BIIRNS, CITY MANAGER 4r
FROM RICHARD D. PRIBYL, FINANCE DIRECTOR
SIIBJI�CT: LAWFIIL GAMBLING PREMISE PERMIT APPLICATION
FOR THE FRIDLEY MOOSE LODGE �38
DATE DECEMBER 4, 1990
The attached resolution approves the application for a Lawful
Gamb .ing Premise Permit for the Fridley Moose Lodge #38 at 8298
Univ�rsity Avenue Northeast. The Minnesota State Statutes requires
a reaolution approving or denying any type of gambling of permit.
19A
RESOLIITION NO. - 1990
RE80LIITION IN SIIPPORT OF 11N APPLICATION FOR A LAWFUL
GAMBLING PREMISE PERMIT FOR FRIDLEY MOOSE LODGE NO. 38
WHER�AS, the City of F.ridley has been served with a copy of an
Application for Lawful Gambling by the Fridley Moose Lodge No. 38,
8298 University Avenue Northeast, and
WHER3AS, the City of Fridley has not found any reason to restrict
the Location for the charitable gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of F�idley approves the Lawful Gambling Premise Permit Application
by t7e Fridley Moose Lodge No. 38.
PASS�D AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1990.
WILLIAM J. NEE - MAYOR
ATTE 3T:
SHIR LEY A. HAAPALA - CITY CLERK
20
CITY OF FRIDLBY
M L M O R A N D Q M
TO: WILLIAM W. BIIRNB, CITY MANAGERa v
FROM; RICHARD D. PRIBYL, FINANCE DIRECTOR
SIIBJI'�CT: LAWFUL GAMBLING PREMISE PERMIT APPLICATION
FOR THE FRIDLEY JAYCEES
DATE DECEMBER 4, 1990
The attached resolution approves the application for a Lawful
Gamb:.ing Premise Permit for the Fridley Jaycees in Sandee's. The
Minn� :sota State Statutes requires a resolution approving or denying
any �:ype of gambling of permit.
20A
R880LIITION NO. - 1990
RESOLIITION IN BIIPPORT OF AN APPLICATION FOR A LAWF'UL
GAMBLING LZCENSE FOR FRIDLEY JAYCEES IN BANDEE'8
WHEtEAS, the City of Fridley has been served with a copy of an
App.ication for Lawful Gambling in Sandee's, and
WHE:tEAS, the City of Fridley has not found any reason to restrict
the location for the charitable gambling operation.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City
of l'ridley approves the Lawful Gambling License Application by the
Fri�lley Jaycees in Sandee's.
PAS:�ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1990.
WILLIAM J. NEE - MAYOR
ATT] 'ST :
SHI�.LEY A. HAAPALA - CITY CLERK
CITY OF FRIDLEY
M E M O R A N D II M
TO: WILLIAM W. BIIRNB, CITY MANAGERO �
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
21
BIIBJlCT: LAWF'IIL GAMBLING PREMISE PERMIT APPLICATION
FOR THE FRIDLEY JAYCEES
DATE; DECEMBER 4, 1990
The �ttached resolution approves the application for a Lawful
Gamb7ing Premise Permit for the Fridley Jaycees in Joe Dimagio's.
The l[innesota State Statutes requires a resolution approving or
deny�ng any type of gambling of permit.
0
21A
RESOLIITION NO. - 1990
RESOLIITION IN BIIPPORT OF l�PT lIPPLICATION FOR A LAWFUL
GAMBLING PREMISE PERMIT FOR FRIDLEY JAYCEES IN JOE
DIMAGIO�B
WFiERiAS, the City of Fridley has been served with a copy of an
Appl:cation for Lawful Gambling in Joe Dimagio's, and
WHERiAS, the City of Fridley has not found any reason to restrict
the ]ocation for the charitable gambling operation. '
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Fxidley approves the Lawful Gambling Premise Permit Application
by tte Fridley Jaycees in Joe Dimagio's. -
PASSiD AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1990.
WILLIAM J. NEE - MAYOR
ATTE: T :
SHIRI�EY A. HAAPALA - CITY CLERK
22
CITY OF FRIDLEY
M E M O R A N D II M
TO: WILLZAM W. BIIRNB, CITY MANAGER a�
FRO][: RICHARD D. PRIBYL, FINANCE DIRECTOR
SUB:'ECT: LAWFIIL GAMBLING PREMISE PERMIT FOR THE
FRIDLEY VFW P08T 363
DATI�: DECEMBER 4, 1990
The attached resolution approves the application for a Lawful
GamYling Premise Permit for the Fridley VFW Post 363. The
Mini esota State Statutes requires a resolution approving or denying
any type of gambling of permit.
RESOLIITION NO. - 1990
RESOLOTION IN SIIPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFIIL GAMBLING PREMISE PERMIT FOR
T8E FRIDLEY VFW POST 363
WHEtEAS, the City of Fridley has been served with a copy of an
AppLication for a Minnesota Lawful Ga�abling Premise Permit for the
Friiley VFW Post 363; and
WHEtEAS, the City of Fridley has not found any reason to restrict
the location for the charitable gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of ?ridley approves the Minnesota Lawful Gambling Premise Permit
for the Fridley VFW Post 363 for a Class A Premise Permit.
PAS�ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
_ DAY OF , 1990.
WILLIAM J. NEE - MAYOR
ATT: �ST:
SHI:tLEY A. HAAPALA - CITY CLERK
22A
23
i
i
cm
FRIC
24
� 25
� FOR CONCURRENCE BY THE CITY COUNCIL LICENSES
�jp�y December ld, 1990
Type Of License: B�
AUCTIONE ERS
Town & (ountry Sales Tim Stutelberg
Box 73
Approved By:
James P. Hill (2 Day)
Public Safety Director
Fees:
$20.00
FOR CONCURRENCE BY THE CITY COUNCIL LICE�SEB 2 5 A
S%C� VATING
Sabky Contracting
882° Baltimore Street NE
Blaine, MN 55434
GAS BERVICES
Key Metalcraft Inc.
8201 Pleasant Ave So.
Blocaington, MN 55420
Ron's Mechanical, Inc.
1812 E Shakopee Ave
Shak�pee, MN 55379
GENEtAL CONTRACTOR
Minnasota Exteriors Inc.
295 iighway 55
Hame _, MN 55340
Sath��r, D.M. Companies Inc.
7920 Powell Road
Hopk..ns, MN 55343
Ron :�plett Construction
7620 Kalk Road
Hame: , MN 55340
HEAT] NG
Genezal Sheet Metal Corp.
2330 Louisiana Ave N
MinnEapolis, MN 5542?
Key retalcraft Inc.
8201 Pleasant Ave So.
Bloonington, MN 55420
Ronald Sabby
R. Punchard
Ron Coster
Larry Kraatz
Steven Sather
Ron Splett
James McCarthy
R. Punchard
P & � Mechanical Contractors
4529 - 41st Avenue North
Robbinsdale, MN 55422 Jim Daugherty
Ron's Mechanical Inc.
1812 3 Shakopee Ave
Shako �ee, MN 55379
PLIIMB CNG
Hansoi-Kleven Plumbing Co.
4352 .licollet Avenue
Minne ipolis, NIIJ 55409
Ron Coster
David Kleven
DARREL CLARK
Chief Bldg Ofcl
CLYDE WILEY
Bldg/Mech Insp.
CLYDE WILEY
Bldg/Mech Insp
DARREL CLARK
Chief Bldg Ofcl
Same
Same
CLYDE WILEY
Bldg/Mech Insp.
Same
Same
Same
STATE OF MINN
MacDorald Plumbing Co.
2946 : umter Ave No
Minne�polis, MN 55427 Lawrence MacDonald
Sutheilund Plumbing & Heating Inc.
3864 idith Lane
Lexincton, NII�I 55014 Howard Sutherlund
Walsh Plumbing
9711 - 6th Street N.E.
B1ainE , MN 55434
SIGN l RECTOR
Moore Sign & Letterhouse
7801 l �ark Drive
Chanh�ssen, MN 55317
Charles Walsh
Randy Herman
Same
Same
Same
DARREL CLARK
Chief Bldg Ofcl
rt�� J
OWNER
Shabir
8208 Lc
Brookl�
Jeffre;
7397 U1
Fridle;
APPROVFD BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSZNG INSPECTOR
�
�
CIT ' OF
FRII K.EY
FOR CONCORRENCE HY THS CITY COIINCIL
DBCE1[SER 10 i 19 9 0
Lir dahl & Carlson
18�1 University Avenue
Sui te 318
St. Paul, l�t 55104
$BTIM�ITEB
`i�
1990 Miscellaneous Concrete Curb,
Gutter & Sidewalk Project
!'I�TAL EBTIlL71TE: . . . . . . . . . . . . . . . . . $ 1, 625. 39
Her ^ick & Newman
205 Fridley Plaza Office Building
640L University Avenue N.E.
Fri� iley, MN 55432
Services Rendered as City Attorney for
the Month of November, 1990 . . . . . . . . . . . $ 2,016.90
Newcuist & Ekstrum, Chartered
301 Fridley Plaza Office Buildinq
640] University Avenue N.E.
Fric ley, l�i 55432
Services Rendered as City Prosecuting
Attorney for the Month of September, 1990
AEC 3ngineers & Desiqners
511 - lith Avenue South
Minn:apolis, MN 55415
. . . . $ 7,138.00
Phase II - 3 MG Concrete Reservoir
Repair Project No. 200
(Inspection Services)
Partial Estimate . . . . . . . . . . . . . . . . $ 591.50
Phase II - 3 MG Concrete Reservoir
Repair Project No. 200
(Inspection Services)
Partial Estimate . . . . . . . . . . . . . . . . $ 4,239.48
�
E�T:nAT� M!aKSHEET FOR: 1991 NISCELLANEOlJS CONCRETE CUR9,6UT�ER k SIDEMALK
CIT1' aF FRi )lEY
E!i6IVE�AINE DEPARTf1EYT
64;: UNI'dEk iIT'1 4VENLE N.E.
FRIDLEY, MN 55�31
LINDAHL i� CARlS9N
1E21 UNIV. AVE, i318
5T. PAUL, MN. 53114
EST:MAT� Np 5!�INAII �DATE: OECEMBER 18� 1990
•---------- ---------------------------------------------------------------------------------------------
i3ONTkACT ITIM STREEI MATER SEMEA �TNER ESCROM Q'HER TOTAL
1181 I�Q'8 1438 PED.RPS. i546 HRA
FT fT F� FT fT FT FT
f t f f f f i
-----------• •--------•----------•------------------------•--------------------------------------------•--
t. �e�ove �td Replace Conc ;52.lB 148.1! 116,11 1.1! 271.18 3B.1A 917.8e
Cu►� 3� E�ttet f3,168.t8 f1�2b6.BH �918.81 f1.l1 fT,493.01 f3�2.01 f8,1b3.le
2. ResoYe a�d Replace Conc Se.1! I.iB 1.1i 8.11 5�.01 l.81 110.11
c��e � s;tte� llezs tAa s�ea.ee se.re :e.ee se.ee :eee.ae se.ee s�,:0e.ee
lioeal f �etl
3. R?rove a d Replace Cont 1.ee I.A1 1.ea 1.A1 8.18 1.18 1.88
Curb i� S tte! Nith 3 ft fO.AB s�.11 f8.88 i8.18 f8.81 f8.01 f8.a1
Concrete Apron !6' thick!
1. ;?eove a�d Replace �onc ?5.18
Cur� 6;t�ter M:th 3 ft f48a.18
Con:rete A;ron l5' thitk)
!leSS '.h�� BS lin!al 4eet1
5. Co�st�uct 5 �t »ide (4' 1614.A0
«1:�:) Si:eralk fZ�ee%•Ze
6. Construc: �a'.Iey 6utter 1.18
se, ae
5.88 8.88 8.88 8.88 @.8i 25.8A
s1.Y�� f8.11 iQ�.00 f8.08 f8.01 f�a8.e�
A.08 1,1A E,ee t.08 259.01 l863.88
:e. re se. ee se. ee :e. ee f�66, zo :3, 3s�. �e
e. ee e. ee e, ee e, ae e. ae e. ae
t0.11 f1.@i f8.1i fe.A1 t8,11 sB.Ag
-------------� --------------------------------------------------•---------------------------------------
Toja� :7, 855. 2a si, 26a. oe :9ee. ee :e. ee t3, 893. ee seae, za : i a, i � 6. 4e
---------•---� ------------------------------------------------------------------------------------------
THE F�LLOMIN6 4MOUNTS ARE 10 BE CNAR6E0 TO EACH ACCOUNT FOR TNIS ESTIMATE:
Street lill-8f•635-1211i-63511 f6T4,61
M�ter 16A:-73-lee-�?4111 f!,!1
Se�er l682-18- l88-�24181 fl.8!
P�rk tlll-lb-6i5-4241l� sa.,e
EscroM �SA:-11�Q1/-411Q1) =1�l11.19
MRA (236-S7-i IA-�?Ni) t1.1�
�ther ft11-16-,35-�2411-63531 s1.b1
TOTAL �1,625.39
zsA
. :
CITY OF FRIDLEY
EN6INEERIN6 DEPARTMENT
6431 UNIVERSITY AVENUE N,E.
FRIDIEY, MN. 55432
To: HQNOPFB�E �AYOR tnd LITY �OUNCIL
CITY OF FF (6LE'1
6431 UN:vEtsl?r avEMUE N.E.
FAIGLEY, �INNEyOTA 55431
ESTIMATE NO 5 tFINAI)
DATEt DECEMBEA 18, 1998
F�R: LINOAHL k CARLSQN
i821 uNtvERStTr AVE. t318
FaOJECT; 1992 1IStE:LANEOUS CONCRETE ST. P�ul, MN. 55111
CURB, 6UTTER i� SIQEMALK
-------�;------�--------------•--------•------------------------------------------------------------------
.ONTRAt � iTEM ESTIflATEO UNI1 UNIi 4l1ANTITY T�JiAI iOTAL
QU4NTITY PRICE THIS QUAtiTIT� AMOUN?
ES?tnATE
1. Ae�ove ar.d P.ep�ace Conc�ete
Curb b 6+i'. ',er
2. Re�ove and Repl�ce Concrete
Curb � 6ut.er lless than 85
12nea1 fee !
3. Re�ove and �iepl u e Concrete
C�rE 6 6u: er Mlth 3 it Mide
Car�:rete A ror, i6' thick)
4, Re�ove ind Replace Concrete
Lurb 6 6ut er ritA 3 4t Mide
Conc�ete A ron (b' thi[k?
'(less thi 85 lineil feet)
S, Constru�t ft w:de (�•
;hitk) Sid ��Ik
b. Construct V.l:ey 6utter
f9.i8 lin, ft. l.88 9@1.e8 f8,Ib3.8A
f12.81 lin. Ft. 61,11 118.08 51,:81.@8
S12.i8 tin. Ft. 0,88 8.81 tb,8f
f16.88 Lin. ft. A.11 25.ee 34AB.81
f1.8! Sq. Ft. 1b1.81 1,6b3,18 f3,353.�8
i6.31 Lin. Ft. !.!1 l.ee =8.l1
--•-----------•----------------------•-----•----------------------------------------------------------•--
TOTAL COMPLE?E1 TO DATE ft3,116.11
0
ES?INA?E S� MMf+RY;
Oriqinil Ci ntr�ct Mount
Cortract Aidit�ons
Contr�ct 0!iuctiar.s
Revise� Cortrict A�ount
V�lus C��plated To D�te
A�ount Reta,ned 1111
A�ount P�id TO Dat!
AMOIiNT DUE 'H15 ESTIMATE
sib,aie.e�
:�. u
se.e�
f26,311.11
f13,116.�8
se, ae
f11�491.81
f1,625.39
CEkTIFICATE OF 1HF CCHTRACTOR
I hereby �e ;�fy thit the .ork perfor�ed iRd tA! �itlrl�l5 Suppl�ld tD dit! U11dlf
ter�5 of t� contract for the ►eferer.ced project, �nd ilt wthori:ed c��rqes thereta,
Aive an act �l ��lue under the contrict o4 the �eounts ShoMn on this esti�ate (�nd
the 4ina! q ant:±ies of the iinil estie�te are correct), ifld 1fiit th15 15L1l�t! IS
just and co �e�t �nd no part f the 'AMOJNT OUE THIS E5IIMATE' h�s beln retieved.
Br _ �{ _ � _ '1r,^"�-�--_ �U � t , Oite---,l aS 90
COf1t�3C Of 4utr, ��: Aepreser,titive lSitle)
CE.�i1IFIC�?E DF THE EN6INEER
1 Aereby :e�t:fy th�t I h�ve prepared or ex��ined tDis esti��te, ind th�t the
cont�actor ;s entitled ta p�y�ent of this estieate under the contratt fo� referenced
pra�ect.
CITY OF FFIf .�'t, :►JSPECT
Br.___.�. v^x�- -k='`�'��-
�
c ed: �G �
By--- �- •----- �.��- -------
D�tl---1I,�� ��'"v
Respectfully Sub�itted,
%
By- --- --- --
6. Flori, P.E.
Public Morks Direttor
26C
0
Decem �er 10, 1990
To: Public Works Director
�ity of Fridley
�PORT QN �INAL IliBPBCTION 1rOR
CITY OF 1rRIDLFY
� 990 l+lZBCELL�T�180�� CO1dCR8T$ CIIRB. GUTTER i BIDEWALR
We, t: ie undersfqned, have inspected the above-mentioned pro j ect and
find that the work required by the contract is eubstantially
compl=te in conformity with the plans and specifications of the
proj e �t .
All d:ficiencies have been corrected by the contractor. Also, the
work for which the City feels the contractor should receive a
reduc�d price has been aqreed upon by the contractor.
So, 1.herefore, we recommend to you that the City approve the
attac�ed FINAL ESTIMATE for the contractor and the one-year
maintenance bond, Btarting from the day of the final inspection
that being �iovember 27. 1990. � �
0
Jon Tho�psv�,
� , . S v�'�i
tra or Re re entative, (Title)
� �1
26E
Decem �er 10, 1990
City �f Fridley
1990 KISCELI�ANEOUS CONCRETE
CURB, GUTTER & SIDEWALR
pRBV71ILING �liQB VBRiFZCATION
This is to certify that Lindahl � Carlson, Inc., has abided by the
Preva iling Waqe ProviBions as specified by the Minnesota Department
of La �or and Industry for Ar►oka County.
I declare under the penalties of perjury that this statement is
just �nd correct.
L=xnA �L � c�.soN, =�c.
/ -���.t, �• ?`�t� 1 �
rry hn on Project Superintendent
26F
Decen ber 10, 1990
City of Fridley
1990 MISCELLANEOUS CONCRETE
CURB, GUTTER ic SIDEWALR
• �i� � � '1+ • �.
This is to certify that items of the work shown in the �tatement
of wc rk certified herein have been actually furnished and done for
the �bove-mentioned projecte in accordance with the plans and
spec�fications heretofore approved.
The 7'inal contract cost is $13,116.40 and the final payment of
$1,6:5.39 for the improvement project would cover in full, the
contiactor's claims against the City for all labor, materials and
othei work down by the contractor under this project.
I dec ;lare under the penalties of perjury that this statement is
just and correct.
LIND! HL i Cl1RLSON, INC.
�
) � , �ti,,,�,�.-_ S v p`r
rr� hns n, Project Superintendent
CZTY O! litIDLEY
PIIBLIC wOREB D8P71RTMSZ3T
a�as�rsax��a aiviszox
t431 IIniv�raitp sv�., �1.5.
tridl�p, lDi SS�3Z
December 10, 1990
Hono:�able Mayor and City Council
City of Fridley �.
C/O ��illiam W. Burns, City Manaqer
6431 University Ave., N.E.
Frid .ey, 1�1 55432
Courn :il Members:
�- � - • �!_�- - -
We hE �reby eubmit the Final Estimate for 1990 Miscellaneous Concrete
Curb Gutter and Sidewalk, for Lindahl & Carlson, 1821 University
Aven� �e, Suite 318, St. Paul, 1�1, 55104.
We h<,ve viewed the work under contract for the construction of 1990
MISC::LLANEOUS CONCRETE CURB, GUTTER AND SIDEWALK and find the same
is �ubstantially complete in accordance with the contract
docu:�ents. I recommend that final paya►ent be made upon acceptance
of �:he work by your Honorable Body and that the one-year
cont-actual maintenance bond commence on November 27, 1990.
Resp�:ctfully submitted,
d
ohn G. Flora
Dire� ;tor of Public Works
Prepared by:
Checked by:
" C� J
� G< - �'--.--
26G