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07/12/1999 - 4655� K � AGENDA FOR PUBLIC REFERENCE CI'I'�' COUNCIL MEETING JULY 12,1999 � FRIDLEY CITY COIINCIL MEETING �,�r ATTENDENCE SHEET � Mo�.day, Ju.Y.y 12, 1999 ; .. " 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM nornrm u�MF. �rT.F.ARLYI ADDRESS NUMBER r � CITY COUNCIL MEETING OF JULY 12, 1999 CRY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with r�gard to pu�:ic assistan�e. Upon request, a��ommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: National Night Out — Tuesday, August 3, 9999 APPROVAL OF MINUTES: �ity Courrcil Meetinc� of June 14, 1999 City Council Meeting of June 28, 1999 � �. FRIDLEY CITY COUNCIL MEETING OF JULY 12,1999 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Resolution Approving the Issuance and Sale of the $200,000 Subordinated Senior Housing Revenue Note, Series 1999 and Authorizing the Execution of Documents Relating Thereta �Banfifl Crossing Homes - Project) ....................................................................................... 1 - 14 2. Appointments: City Employees ...................................................... 15 3. Claims ....................................................................................... 16 4. Licenses ....................................................................................... 17 - 19 5. Estimates ....................................................................................... 20 ADOPTIO(� OF AGENDA. OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minuies) �� FRIDLEY CITY COUNCIL MEETING OF JULY 12,1999 PAGE 3 PUBLIC HEARING: 6. Ordinance of the City of Fridley, Minnesota, Amending the City Code to Include a New Chapter 409, Entitled "Franchise Fees" .......................................... 21 - 34 � 7. Informai Status Reparts ................................. ..................... 35 ADJOURN. -, . ! � CRY OF FRIDIEY ��1��� -���s ��'� CITY COUNCIL MEETING OF JULY 12, 1999 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) �J ;�t ✓1 � � ,� � PLEDGE OF ALLEGIANCE. PROCLAMATION: Nationa! Night Out — Tuesday, August 3, 1999 APPROVAL OF MINUTES: City Council Meeting of June 14, 1999 � ,�'/+ �?�.�,�t� 1�. -� g� �;�.�,�..�- � i.J � �+-t 4i nc �� p•'� � ti�1� � a.,� C✓1 jA=`l.• �.�} City Council Meeting of June 28, 1999 � ��... �1 4C �-J .,. �t s� - �� W� APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: ��„ �`�+1�� 1. Resolution Approving the Issuance and Sale of the $200,000 Subordinated Senior Housing Revenue Note, Series 1999 and Authorizing the Execution of Documents Relating Thereto (Banfill Crossing Homes Project) ................................................... 1 - 14 �����y,�� `� �t'�",j/+L.. �;L 1 � S �t/�nr y'�-�'. U APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Appointments: City Employees 3. Claims 4. Licenses 5. Estimates 15 '6 ...... 17 - 19 ...................... 20 `� � � �--.� �s-� �.-,.� � �� � � � � -� 6 Gi c�G� iNt,+fi �.n ��,r.,, _� ✓-f-. C.c�1Si✓�� �i ( s�-� �.. ADOPTION OF AGENDA. OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) o . �r � . ,.. FRIDLEY CITY COUNCIL MEETING OF JULY 12, 1999 PUBLIC HEARING: ���t V�� 1�-,�' ��,�..�w�� �t(( ,�s.� �� 6. Ordinance of the City of Fridley, Minnesota, �'�� �'�'"'� �►�"�"� Amending the City Code to Include a New Chapter 409, Entitled "Franchise Fees" 21 - 34 � � � 1�.. i,� �—�. c.�,��� ��—� �l� �� �� : 03 �'tl( S��-:-�,.. 7. Informal Status Reports .................. 35 .`� �' / �' . � �,c.. � ��,�1 v� � f- � a �� �� �t��pro ,..^2.. l..-' i G�,vIC U" \ C...��ta.�j i C. � � t t t S �,.� �-�,��,, ADJOURN �. �� � �-'^� � �. �-�:� � i � � «.,.,� � � � C � PAGE 2 PROCLAMATION NATIONAL NIGHT OUT Tuesday, August 3, 1999 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nation-wide crime, drug and violence prevention program on August 3, 1999 called "National Night Out",• and WHEREAS, the "16th Annual National Night Out"provides a unique opportunity for Fridley to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, Fridley plays a vital role in assisting the Fridley Police Department through joint crime, drug and violence prevention efforts in Fridley and is supporting "National Night Out 1999" locally; and WHEREAS, it is essen tial that all citizens of Fridley be aware of the importance of � crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Fridley; and WHEREAS, police-community partnerships and neighborhood cooperation, awareness and safety are important themes of the "National Night Out"program; NOW THEREFORE, BE IT RESOLVED, that I, Mayor Nancy J. Jorgenson, Mayor of the City of Fridley, do hereby proclaim Tuesday, August 3, 1999, as: NATIONAL NIGHT OUT BE IT FURTHER RESOLVED, that I, Mayor Nancy J. Jorgenson, do j�ereby call upon all citizens of Fridley to join the Fridley Police Department and the National Association of Town Watch in supporting the "16rh Annual National Night Out" on August 3, 1999. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 12th day of July, 1999. NANCY J. JORGENSON, MAYOR . THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF f UNE 14,1999 � '� ■ THE MINUTES OF THE REGULAR NIEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 14.1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Billings, Councilmember Bolkcom and Councilmember Wolfe. MEMBERS ABSENT: None PRESENTATION: City of Fridley SOth Anniversary and Fridley'49er Days: June 16-20, 1999 Fridley '49er Days President: Chuck McKusick Mr. McKusick introduced Mandy Jachymowski, Stacey Ellestad, and Angela Nolan as the official Fridley '49er Days royalty. Stacy Ellestad was Miss Fridley, and Angela Nolan and Mandy Jachymowski were the Fridley Princesses. Mr. McKusick commended the '49er Days royalty for being truly outstanding members of the community. He was very proud to include them in the '49er Days. Selection of the new royalty will be held Sunday night at the Fridley Senior High School auditorium. The pageant begins at 6:30 p.m. Mr. McKusick highlighted the events for '49er Days: Wednesday night will be the carnival (discount ride tickets of six rides for $5.00 are available in the Recreation Department). Thursday the parade starts at 6:30 p.m. preceded at 6:25 p.m. by Run for Fun. Friday and Saturday will be the concert with the White Sidewalls and the Rockin' Hollywoods along with the carnival. On Sunday afternoon, the SOth Anniversary All-Class Reunion will be held and the pageant follows at 6:30p.m. Anyone who needs additional information should call the Fridley Information Line 612-572-3600, Ext. 349, for detailed information or stop by City offices. Mr. McKusick indicated that as part of the City's SOth anniversary celebration, on June 26 and 27 at Columbia Arena there will be a craft sale and community garage sale. A community band concert will also be held at Columbia Arena. Bob's Produce is sponsoring a horseshoe tournament. There will be free ice cream and beverages. WCCO television will be there for a live broadcast. In the evening there will be bands, sumo wrestling and then professional wrestling. Mr. McKusick concluded by saying there will be lots of fun in Fridley for the next two weeks. He thanked the community organizations that helped so much to bring this event together. FRIDLEY CITY COUNCIL MEETING OF JUNE 14.1999 PAGE 2 LEGISLATIVE SESSION UPDATE: Mayor Jorgenson introduced Senator Steve Novak, Senator pon Betzold, Representative Alice Johnson and Representative Satveer Chaudhary. Senator Novak discussed some local items. The crime prevention bill has a requirement that municipalities have model guidelines for police pursuit. Local law enforcement agencies will be able to sell forfeited firearms and ammunition to federally licensed dealers. Background checks on firearm permits will be easier. There will be less discretion for what law enforcement must tell the public regarding sex offenders. There will be more money available for pollution and for Y2K challenges. State building codes have been delayed uniil April 15, 2000. A data privacy bill requires local municipalities to have public guidelines for access to public data. The Police Commission has been abolished because it is no longer needed. Cities can impose licenses on amusement and arcade games, prohibiting violent video games for citizens eighteen years of age or younger. The process of amortization is prohibited. Bleacher safety was an issue which was vetoed. The mandate is there but not the money. There is about one billion dollazs allocated for road construction. Items that did not pass are .08 blood alcohol level, a proposal to have concealed weapons, and a proposal to reduce vehicle license tabs. Representative Johnson covered the issues regarding tri-partisan government and affirmed that she thought it worked quite well. She spent most of her time in the area of education. She gave credit to the parents of Fridley school children for the schools getting as much money as they did for education. The other item she is happy about is that legislation phased out the emissions testing program. Representative Chaudhary, who represents the southern third of Fridley, gave a brief report on how the legislative session went for that area. Income taxes will go down, residents will receive rebate checks directly in August or September. Schools have a healthy investment due to efforts of parents, teachers and staff of Fridley school districts. Fridley received approximately $50,000 to assist with the Medtronic project. The business aspect of Fridley is just exploding. Fridley has received $50,000 for the Fridley Historical Society to enhance appreciation for this great City's history. Senator Betzold highlighted the legislati�e session also. Record housing bill passed, significant gains were made for education and record tax cuts were recorded. There was also significant reorganization of funding for job training. He mentioned specific efforts on behalf of the City relating to Medtronic, which is significant not only to Fridley's future but the State of Minnesota. He felt privileged to be part of that and also wanted to thank the Mayor and entire City staff on the work that was done. Councilman Billings stated that he was especially grateful for the things the four of them have done. They are much more global than just the City of Fridley. He knows they have worked very hard to see that the issues for the other cities in Minnesota get fine tuned, and that they are supported and passed through the various committees they are on. Councilman Billings stated how aggressively and steadfastly they work toward any legislation that is positive and proactive. FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 PAGE 3 On behalf of himself and the City of Fridley he thanks them for not only Fridley-specifc items but for those items which are of a positive general nature to the State of Minnesota. Mayor Jorgensan thanked the senators and representatives for all of their efforts. APPROVAL OF MINUTES: Citv Council Meetin� of Mav 10. 1999: Motion by Councilmember Barnette to approve the regular City Council meeting minutes of May10, 1999 as presented in writing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Citv Council Meetin� Minutes of Mav 24, 1999: Motion by Councilmember Bolkcom to approve the regular City Council minutes of May24,1999 as presented in writing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CA,RRIED UNANIMOUSLY. INTRODUCTION OF NEW CITY COUNCIL SECRETARY: Mayor Jorgenson stated that Council has a new secretary. Mr. Burns introduced the new City Council Secretary, Signe Johnson. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1127 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY ADDING SECTION 2 TO CHAPTER 506.04 UNATTENDED VEHICLES: Mr. Burns, City Manager, explained that the amendnient states that vehicles are not to be parked on City streets between 2:00 a.m. and 6:00 a.m. between November 1 and Mayl. The current ordinance states that vehicles are to be off City streets during a snow storm and until streets are cleaned. The change would make our policy on "snow birds" similar to those of surrounding communities. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1127 AND ORDERED PUBLICATION. FRIDLEY CITY COUNCIL MEETING OF JUNE 14. 1999 PAGE 4 2. ORDINANCE NO. 1128 ESTABLISHING CHAPTER 514 OF THE FRIDLEY CITY CODE ENTITLED "PRIVATE PROPERTY SNOW AND ICE REMOVAL" AND APPROVE OFFICIAL TITLE AND SUMMARY ORDINANCE: Mr. Burns, City Manager stated that the proposed ordinance makes it unlawful to push snow and ice from private property onto City walkways or streets. It also establishes progressively more severe fines for repeated violations. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1128 AND ORDERED PUBLICATION OF THE OFFICIAL TITLE AND SUMMARY ORDINANCE. 3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 2, 1999: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 2, 1999. 4. APPROVE THREE-YEAR EXTENSION OF A TRAILER LICENSE FOR TOTINO-GRACE HIGH SCHOOL: Mr. Burns stated that the trailer houses guidance counselors from School District #14 who by law provide guidance counseling services to Totino-Grace High School. While Totino-Grace may lawfully include these services within their building, they currently do not have space. They are, therefore, asking for the trailer license extension in order to have time to plan and properly implement the changes needed to accommodate the guidance counseling services within their main building. APPROVED THREE-YEAR EXTENSION OF A TRAILER LICENSE FOR TOTINO-GRACE HIGH SCHOOL. 5. APPROVE JOINT POWERS AGREEMENT BETWEEN THE CITY OF FRIDLEY AND COUNTY OF ANOKA FOR THE RECONSTRUCTION OF EAST RIVER ROAD FROM OSBORNE ROAD TO MISSISSIPPI BOULEVARD: Mr. Burns, City Manager stated that the total cost for reconstruction of this portion of East River Road was $437,074.97. The City's share of this cost is $113,315.73, including engineering. The agreement establishes the City's financial participation in the project as well as the division of maintenance responsibilities between the City and the County. The terms of this agreement are very similar to past agreements between the County and the City for construction or reconstruction of the City portion of County highways. Staff recommended Council's approval. APPROVED JOINT POWERS AGREEMENT BETWEEN THE CITY OF FRIDLEY AND COUNTY OF ANOKA FOR THE RECONSTRUCTION OF EAST RIVER ROAD FROM OSBORNE ROAD TO MISSISSIPPI BOULEVARD. FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 PAGE 5 6. APPROVE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LYNDALE TER�'�1INAL COMPANY FOR THE FRIDLEY LIOUOR WAREHOUSE STORE (WARD 31: � Mr. Burns stated that the he was proposing to locate a third Fridley Liquor Warehouse in the building currently occupied by Cub Foods and Gander Mountain on 57th Avenue. He outlined the terms and conditions of the proposed lease agreement. He indicated that Fritz Knaak, City Attorney, has reviewed the lease agreement. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA AFTER ITEM NO. 17. 7. APPROVE ARCHITECTURAL AGREEMENT BETWEEN THE CITY OF FRIDLEY AND KKE ARCHITECTS FOR THE CONSTRUCTION OF A FRIDLEY LIOUOR WAREHOUSE AT CUB FOODS (I-694 AND UNIVERSITY AVENUEI (WARD 3): Mr. Burns, City Manager, stated that the agreement provides for structural, mechanical and electrical design services. The architect will be involved in preparing designs, bidding and construction phases of the project. Compensation for these services will be 7.75 percent of construction costs. These are estimated at $650,000. He indicated that Fritz Knaak, City Attorney, has reviewed this agreement. APPROVED ARCHITECTURAL AGREEMENT BETWEEN THE CITY OF FRIDLEY AND KKE ARCHITECTS FOR THE CONSTRUCTION UF A FRIDLEY LIQUOR WAREHOUSE AT CUB FOODS (I-694 AND UNIVERSITY AVENUE) (WARD3). 8. MOTION TO APPROVE THE COMMITMENT OF FUNDS FOR THE UPGRADE OF ELECTION EOUIPMENT IN THE YEAR 2000: Mr. Burns, City Manager, stated that while the City is planning to purchase new election equipment in 2001, he was now asking that the purchase now be moved up to 2000. The decision to purchase early was prompted by Anoka County's recent decision to replace their voting equipment in time for the year 2000 election. By committing to purchase now, the City could buy on the same contract as Anoka and Washington Counties at a local cost of $64,427.25 (previously estimated at $91,000). Mr. Burns indicated that the equipment has several features that would improve voting and vote tallying efficiency. Mr. Burns recommended that the City purchase the equipment outright rather than participating in the Counties' loan/purchase agreement. APPROVED THE COMMITMENT OF FUNDS FOR THE UPGRADE OF ELECTION EQUIPMENT IN THE YEAR 2000. FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 PAGE 6 9. ESTABLISH A PUBLIC HEARING FOR JULY 12 1999 TO DISCUSS PROPOSED CHAPTER 409 TO THE FRIDLEY CITY CODE ESTABLISHING FRANCHISE FEES FOR ELECTRIC AND GAS UTILITIES• Mr. Burns, City Manager, stated that in May, Council approved two new franchise . agreements with Minnegasco and Northern States Power (NSP). Both agreements provide for implementation of franchise fees through the establishment of a franchise fee ordinance. Staff recommended that Council consider a franchise fee ordinance and that it hold the public hearing for this ordinance on July 12, 1999. ESTABLISHED A PUBLIC HEARING �'OR JtiLY 12, 1999, TO DISCUSS PROPOSED CHAPTER 409 TO THE FRIDLEY CITY CODE ESTABLISHING FRANCHISE FEES FOR ELECTRIC AND GAS UTILITIES. 10. APPOINTMENT OF A CITY E1�iPLOYEE: Mr. Burns, City Manager, stated that the City hired an Interpretive Specialist for Springbrook Nature Center and promoted a Community Service Officer to the CSO Coordinator position in the Police Department. Peter Cleary was hired as Interpretive Specialist. He has a Bachelor's Degree in Natural Science from St. John's University and has completed graduate work in Science Education at Ohio State University. He has worked for the last five years as a naturalist and interpretive specialist at the Dodge Nature Center in West St. Paul. Prior to his West St. Paul experience, Peter taught physics at Deering High School in Portland, Maine. If approved by Council, Peter will begin work for Fridley on June 21,1999. Brian Owens has been a part-time CSO with the City since May, 1998. Prior to that he was a Police Explorer, a firearms safety instructor and has worked for a number of private sector employers while pursuing his police career. . APPOINTED PETER CLEARY AS INTERPRETIVE SPECIALIST AND BRIAN OWENS AS CSO COORDINATOR. 11. CLAINIS: APPROVED PAYMENT OF CLAIM NUMBERS 87307 THROUGH 87663. 12. LICENSES: APPROVED LICENSES AS SUBMITTED AND ON FILE. 13. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: FRIDLEY CITY COUNCIL MEETING OF JUNE 14. 1999 PAGE 7 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of March, 1999 $ 16,381.00 Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of May, 1999 $ 5,000.00 Ron Kassa Construction 6005 — 250th East Elko, NIN 55020 1999 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 322 Estimate No. 2 Park Construction Co. 7900 Beech Street N.E. Minneapolis, MN 55432-1795 $ 5,265.75 Riverview Heights Area Improvement Proj ect No. ST. 1999 —1 Estimate No. 2 $60,759.53 No persons in the audience spoke regarding the proposed consent agenda. Mayor Jorgenson asked if there were any questions of the public for any of the items. Connie Metcalf, 860 West Moore Lake Drive, asked if any of the money for funding of the liquor store would come out of the liquor fund or if it would be tax assessed. Councilmember Billings responded that all of the money would come out of the liquor fund. Motion by Councilman Barnette to approve the consent agenda omitting Item 6. Seconded by Councilmember Steve Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JUNE 14,1999 PAGE 8 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to amend the agenda to include the addition of Item 6 from the consent agenda immediately after Item 17 on the regular agenda. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM VISITORS: No persons in the audience spoke under this item of business. PUBLIC HEARINGS: 14. REVIEW OF SPECIAL USE PERMIT, SP #99-01, BY HOLIDAY COMPANIES, FOR �iOTOR FUEL SALES AND A CAR WASH ESTABLISHMENT AND TO TERI�IINATE PREVIOUSLY GRANTED SPECIAL USE_ PERMIT. SP #75-28 FOR IVIOTOR FUEL SALES GENERALLY LOCATED AT 5695 HACKMANN AVENUE (WARD 21: MOTION by Councilmember Barnette to waive the reading and open the public hearing at 8:20 p.m. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VO�ING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok, Planning Coordinator, explained that the purpose of this public hearing was to review a special use permit request for Holiday Stationstore at Highway 65 and Hackmann Avenue. He explained that on May 10, 1999, the City Council approved a special use permit for the site. Subsequent to that approval, an error was discovered in the zoning designation on the site as a 1976 rezoning changed only a portion of the southernmost lot's zoning designation. The northern 165 feet is zoned C-2, while the southern 125 feet is zoned C-l. Mr. Hickok noted that a special use permit for gas sales is allowed in both the C-1 and C-2 districts. A car wash, however, requires a C-2 zone and a special use permit. Since the May 10 Council action, the petitioner has agreed to eliminate the care wash at this site. Mr. Hickok presented a brief history of the site along with a map depicting the site location. A revised copy of the site plan was also presented. He noted that staff recommended that Council approve Special Use Permit SP #99-01 with a list of modified stipulations, and that they terminate Special Use Permit SP #75-28. Additionally, staff recommended that the three stipulations which were included in Special Use Permit SP #75-28 be included as part of Special Use Permit SP #99-01. (This was acceptable to the petitioner, provided modifications are made to state that the annual review of the special use permit would be by staff as is typical with other special use permits.) Mr. Hickok noted that all stipulations, which appeared as part of the special use permit previously regarding the car wash have been eliminated. FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 PAGE 9 Councilmember Billings asked how many fuel dispensing pumps are on the site as part of Special Use Permit SP #75-28. Mr. Hickok noted that there were four stations with two pumps at each. The new site plan includes the same number of pumps. Mayor Jorgenson asked if the building would be the same as the original plans except for the elimination of the car wash. Mr. Holscher responded that it would. Mr. LeRoy Oquist, 1011 Hackmann Circle, stated that he, along with many other residents of the neighborhood, had several concerns regarding this proposed development. Staff noted that no additional gas pumps were proposed for the site; however, the full convenience store would also generate traffic. Residents in the area had concerns about what affects this would have on their immediate neighborhood, which is primarily a residential area. Another concern Mr. Oquist had was with regard to safety. With the location being so close to Moore Lake, he was concerned that pedestrians might cross Central Avenue to get to the convenience store. Mr. Oquist stated that residents would like to clean up the corridors in Fridley. This location is a gateway to Fridley, and he did not feel a large service station/convenience store was the type of development that the public wanted to see when they enter the City. He felt that staff should take a closer look at the Comprehensive Plan to see if this type of development fits into what the City wants for the area. He asked that Council deny Special Use Permit SP #99-01 at this time. Mr. Hickok noted that staff realized that the Comprehensive Plan was dated in certain areas; however, what remained consistent was that the zoning along the corridors was commercial zoning. The location of the site, though tucked into a predominantly residential area, was still located on the corridor and was zoned commercial. A discussion followed with regard to the impact the development could have on the traffic generated in the area. Mr. Hickok noted that, based on a national study, traffic engineers have been able to obtain information as to how many trips into and out of the site could be expected for this type of use. The numbers, which were provided, were also supported by the City's consultants. Ms. Gloria Gilstad, 930 Hackmann Avenue., stated that her property was adjacent to the Citco Station. She stated that they have had no problems with this business, as their hours of operation have been such that it has not affected the neighborhood. The stop sign as proposed would be directly in front of her window. She noted that they have always had problems getting out of their driveway. If a stop sign was installed in front of her home, she felt the problem would only increase. She felt Council should consider the traffic issues and concerns of Hackmann Avenue before making any decisions regarding to the Holiday Station. The additional traffic generated by this proposed development would only make a difficult situation worst. She noted that she was also concerned about the lighting and the increase in noise. The fence proposed for the site was not high enough to block out the lighting over the pumps. Furthermore, she felt that the written agreement whereby the hours of operation would be from 5:00 a.m. to 12:00 midnight should remain in effect indefinitely, not merely as long as they remain in their home. Mr. Buzz Vennewitz, 1232 Hathaway Lane, stated that as a resident since 1973, he had alway� experienced problems getting onto Old Central Avenue to get onto Highway 65. He felt that any increase in traffic would only nullify the improvements made to the intersection. He was also FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 PAGE 10 concerned about safety when taking a left-hand turn onto Hathaway Lane from Old Central Avenue. He stated that he found it difficult to believe that Holiday would come in with a proposal for a convenience store unless they anticipated a large increase in traffic. Ms. Valerie Rolstad, 1100 Lynde Drive, stated that she came to speak on behalf of a friend who resides in the area. She felt that by approving this special use permit, it would be sacrificing the safety and respect of the residents of Fridley for this development. Mr. Jim Nevison, 5720 Polk Street, stated that he felt the only one who would benefit from this development was Holiday. Mr. Tim Dunn, 5866 Hackman Avenue, stated that he was also concerned about the safety of children in the area. Ms. Ann Williams, 5760 Hackmann Avenue, stated that her property was also located very close to the proposed stop sign. She anticipated that she would also experience problems getting out of her driveway. She asked why access could not be provided off of Highway 65. Mayor Jorgenson stated that the second access, which was originally proposed, was removed due to safety concerns expressed by the state highway department. Ms. Carolyn Thompson, 960 Hackmann Circle, stated that she was also concerned about the traffic and safety issues which have been addressed. She felt that Hackmann Avenue would be used as a secondary route when exiting the station and that the children in the residential areas would be put at risk by the increase in traffic. Ms. Mary Fridley, 970 Hackmann Circle, stated that she has witnessed a traffic problem on Hackmann Avenue and felt the increase in traffic generated by this proposal would only increase the problems. Ms. Ellen Farber, 1041 Hathaway Lane, stated that there are currently two in-home daycare facilities on Hathaway Lane. The last thing that was needed in the area would be an increase in traffic. Mr. Tom Ruwart, 5037 Hackmann Avenue, asked if Council approved this item earlier. Mayor Jorgenson explained that it was originally approved; however, due to a problem with zoning the car wash was not allowed on a portion of the site. Therefore, Councilmember Billings requested that this item be reconsidered so that an additional stipulation could be added. Council voted to table action on the item at that time to allow staff time to obtain additional information. Mr. Ruwart stated that he did not feel the proposed development fit into the area. He asked if speed bumps could be installed on Hackmann Avenue to help slow down the traffic in the area. He also asked about the possibility of constructing a pedestrian bridge to address the safety issues raised by residents. FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 PAGE 11 Mayor Jorgenson stated that the City has never installed speed bumps on public roadways, as they would be a problem in the winter during snowplowing. Mr. Dan Kerner, 5794 Hackmann Avenue, stated that he believed the intersection, as proposed, would be a headache to all police officers in Fridley. The old intersection has always been a problem, but the new intersection with the loop would be a bigger problem. Ms. Julie Moore, 5753 Old Central Avenue, stated that she opposed the redevelopment of this site for all the same reasons voiced earlier by her neighbors. Mr. Hickok stated that a petition was received at the May 24, 1999 City Council meeting, which addressed a number of issues. Fifty-two residents signed the petition. Residents signed the petition for speed bumps; stop signs at specific locations, and to not put in a business which would increase traffic in the neighborhood. Mr. Hickok provided information as to the number of residents signing various portions of the petition. Ms. Thea Langseth, 1096 Hackmann Circle, stated that the clientele that goes into the service station/store would be entirely different if the Holiday Store goes in than what goes in there now. One resident noted that if the petition had been circulated along Hathaway Lane, or in some of the surrounding areas, there would have been a lot more signatures. With no further comments, there was a MOTION by Councilmember Wolfe to close the public hearing at 10:00 p.m. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. REZONING REOUEST, ZOA #99-02, BY THE CITY OF FRIDLEY, TO REZONE A PARCEL FROM R-2, TWO FAMILY ZONINGLTO R-3, GNERAL MULTIPLE UNITS ZONING GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E. (WARD 1): MOTION by Councilmember Billings to waive the reading and open the public hearing at 10:00 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Paul Bolin, Planner, stated that this rezoning request was for property located at 7411 University Avenue. The request is to change it from an R-2 District (single family and two family dwellings) to an R-3 District (single family, two family and apartment buildings, and owner occupied condominiums). Staff requested that this rezoning be approved to correct an error in the zoning maps which has existed since 1986 and inconectly show as an R-3 district on the map. This would also help the City conform to the settlement of a lawsuit, which was FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 PAGE 12 brought about by Mr. Ed Chies in 1970 and would allow for multiple family development including owner-occupied townhomes to be constructed on the site. Mr. Bolin presented a map depicting the location of the site. He provided a brief history of the property. At the June 2, 1999 Planning Commission meeting, the Planning Commission unanimously recommended approval of the proposed rezoning request. There were no question or comments from the Council or from the public. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Bolkcom. The public hearing was closed at 10:07 p.m. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, ACTING MAYOR BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 16. VARIANCE REOUEST, VAR #99-05, BY TIMOTAY JAWOR. TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 40 FEET TO 19.2 FEET TO ALLOW THE CONSTRUCTION OF A SEVEN-UNIT TOWNHOME STRUCTURE GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E. �WARD 1Z(TABLED MAY 24, 1999): Mr. Bolin, Planner, explained that the petitioner, Timothy Jawor, was seeking a variance to decrease the rear yard setback frorri 40 feet to 19.2 feet to allow for the construction of a seven- unit owner-occupied townhome complex at 7411 University Avenue. Mr. Jawor was also seeking a re-plat to allow the construction of the structure. With the re-plat request, Mr. Jawor was also seeking to create eight lots, seven lots — one for each individual unit, and the eighth lot would be the remainder of the parcel. Mr. Bolin stated that City Code requires a minimum rear yard setback of 40 feet for a lot of this size. Mr. Bolin provided a brief history of the property. He noted that in 1994 there was a proposal for a seven-unit rental condominium project on the site. The former project would have complied with all of the setback requirements; however the former project was withdrawn. Most recently, the City received a variance and replat request from Mr. Jawor fcr the current proposal. Mr. Bolin stated that the petitioner indicated in the hardship statement that a more rectangular lot of similar square footage would have been desirable for a townhouse project like this. However, the petitioner felt that he has adapted and designed an attractive building that would nicely fit this apartment-type lot and at the same time would meet the needs and desires of both the City and the housing market. Mr. Bolin presented a diagram of the site showing where the code required setback of 40 feet would be. He noted that the current setback requirements would not allow the petitioner to get FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 PAGE 13 the seven units on the property. Even reducing the number of units to six at the proposed size, a variance would be required of approximately one foot. Mr. Bolin noted that the law defines an undue hardship as: 1) The property cannot be put to reasonable use if used under the requirements of the code; 2) The need for the variance is due to the conditions unique to the property and not created by actions of the landowner; 3) The variance, if granted, will not alter the character o€the neighborhood. Mr. Bolin noted that on April 28, 1999, the Appeals Commission held a public hearing on the variance request. After discussion, a motion was made and seconded to recommend approval of the variance with eleven stipulations, and the motion was passed unanimously. At the May 24, 1999 City Council meeting, the request for the variance and replat were tabled and the sixty-day timeframe was extended to give the petitioner an opportunity to re-evaluate the proposal: After re-evaluating the proposal, the petitioner met with staff on June 2, 1999 and indicated that he had chosen to proceed with the original variance request. The petitioner indicated that he had looked at other options, but this one appeared to be most feasible to him. Staff still recommended denial of the variance request and the replat request. Mr. Bolin noted that staff found no comparable variances granted. The request does not meet the hardship definition, and it is possible to develop the site without a variance. Mr. Lynn Hansen, 230 Rice Creek Boulevard, stated that he owns property directly to the north of this property. He noted that the property was currently vacant. The property has become a "dumping ground." He has been attempting to clean it up for years. He felt it would be in the City's best interest to approve this development, as it would improve the area. Mr. Timothy Jawor, 9175 107`'' Street North, stated that his project does not have the neighborhood opposition that was voiced for the Holiday Station proposed in Fridley. The neighbors to the north of this proposed project are in support of it. Mr. Jawor stated that since the last City Council meeting he met with his designer. His engineers to tried to configure a project that would work for this area. The problems he had in drawing a plan to fit this lot'was due partially to the configuration of the lot. They have tried turning the building several different ways; however, in order to get the drive aisles in and the parking areas in; a variance will be required. Councilmember Billings stated that some of the calculations that Mr. Jawor prepared were for an apartment analysis and a single-family analysis. The single-family analysis indicates that the cost of the land plus the development cost is approximately $100,000 which would require that a $500,000 home be built on the site. He noted that if a lot was purchased for $40,000 with City sewer and water, using Mr. Jawor's ratio, an additional $160,000 could be spent on materials and profit, and it could still be sold at a reasonable profit. Mr. Jawor responded in the affirmative. Councilmember Billings then asked why Mr. Jawor felt a five to one ratio needed to be maintained. He felt that Mr. Jawor's single family analysis was flawed. Mr. Jawor stated that the ratio was obtained by his attorney, who was a real estate appraiser for fifteen years. This ratio was used to demonstrate why a single-family house would not be appropriate for that particular property. FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 PAGE 14 Councilmember Billings stated that Mr. Jawor's analysis of variance requests was very well done. He asked how many of these residential variances were in R-1, R-2 and R-3 districts. Mr. Jawor stated that he did not have that information. Councilmember Bolkcom asked if the City has ever granted any similar variance. Mr. Hickok stated there had not. Councilmember Billings referred to Page 3, paragraph 3 of the letter from the petitioner's attorney, Karen Cohl, (Kennedy & Graven), wherein she stated "thus no alternative use for the property is available.". He asked if she was saying, in essence, that if this variance were not granted, nothing would ever be built on that property, as there was no alternative use for that property? Ms. Cohl said her statement was based on the calculations that Mr. Jawor provided. Councilmember Billings referred to Page 6, wherein Ms. Cohl refers to the soil conditions and terrain at the site. He asked if she was referring to the dumping of material on the site by previous owners. Ms. Cohl stated that she was referring to uneven terrain of the site, which would require correction and; therefore, additional cost to the developer. It also refened to materials that have been dumped on the site, which would need to be removed and replaced with clean fill. Councilmember Billings stated that he felt these were economic costs, which should be taken into consideration when negotiating the price of the property. Ms. Cohl stated that she did not feel it was inappropriate to consider economic situations. The State Statutes allow a person to do so. Councilmember Billings stated that her letter draws the conclusion that the soil conditions are a non-economic factor. He questioned how it could be considered such. She stated that it was a non-economic factor due to the conditions of the site. There was not a reasonable use for the property and given this, the state statute allows for it. Councilmember Billings referred to Ms. Cohl's statement regarding the shape of the parcel. The parcel was suited for multi-family apartment buildings which are no longer feasible. He stated that he was assuming that she was saying that in the metropolitan area there are no apartment buildings built on lots of approximately the same size. Ms. Cohl stated that she was not indicating this. She said she was merely stating that this parcel must be looked at in the context of having two apartment buildings next to it. Therefore, what can go on the site was limited. It was not just the size and shape of the site but also what was on the sites around it. Mr. Jawor stated that he did not complete the aparhnent analysis. He obtained three different opinions from developers/rental owners. All of them stated they would not build an apartment building on the site, as the economics would not allow it. Councilmember Billings asked if the drainage issue was not, in fact, an economic issue that should be taken into account when negotiating the price of the property. Mr. Jawor stated that all of this was taken into consideration, and it was part of the development cost that would need to FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 PAGE 15 be absorbed no matter how many units are put on the site. The cost of the land may have been lower to compensate for that, but then the development costs are higher. Councilmember Billings noted that Mr. Jawor was looking at a maximum price of $115,000. In a conversation Councilmember Billings had with Mr. Miller (Mr. Jawor's partner), Mr. Miller indicated that if the development were to be decreased to six units, they would have to increase the selling price to between $150,000 and $160,000. Assuming the costs would be the same, Councilmember Billings stated that he could not arrive at the same calculation. Mr. Jawor stated that the realtor who completed the market analysis for them found that the highest base price in the areas he used was approximately $115,000 per unit. If one unit would be eliminated, (fifteen percent (15%) of the total units), that fifteen percent (15%) cost would need to be spread out amongst the other six units which would likely increase the cost of the units by $10,000 to $15,000 per unit, putting the price in the $125,000 to $130,000 range which he did not feel the market would support. Mr. Jawor presented photographs of some of his other similar developments. Councilmember Bolkcom asked how much of a variance would be required if the development were reduced to six units. Mr. Bolin stated that it would require approximately a one-foot variance. If all of the units were the same size as the end unit, it would require approximately at two to two and one-half foot variance. There were no further questions or comments. MOTION by Councilmember Billings to deny Variance Request #99-05, by Timothy Jawor. Seconded by Councilmember Bolkcom. Councilmember Billings based the motion on a failure by the applicant to establish any non-economic basis for the hardship and a failure to show an absence of other economical uses �of the property. The evidence on the record before the council and the Appeals Commission plainly showed the only reasons being advanced for the variance had to do with the greater profitability of the proposed development on the lot with the requested variance and that other configurations were both possible and viable that involved no, or much smaller, variances. Councilmember Barnette stated that he could not support the motion to deny this variance for the following reasons: 1) Much has been said about the reason for Mr. Jawor requesting the variance is only financial. According to the City Attorney, financial considerations only are not sufficient to approve a variance. Mr. Jawor expressed numerous other reasons — lot configuration, soil conditions, etc. Mr. Jawor and his partner admitted that financial and economic concerns are one of the reasons; however, he felt that the seventh unit would allow them to make a reasonable return on their investment. Much has been said about concern in setting a precedent. He felt that every variance approval sets precedence. He refened to a situation where a sign variance was requested because the location of the building was such that it was off a main thoroughfare and the petitioner did not have the exposure that they felt was necessary. This situation, Councilmember Barnette felt was purely economical. He voted in favor of the variance request, as he felt it made good common sense. Staff recommended not to approve that same variance request. He does not fault staff but realizes that the discretion is left up to Council. FRIDLEY CITY COUNCIL MEETING OF JUNE 14. 1999 PAGE 16 Councilmember Barnette continued with reasons why he voted to deny this variance: 2) The Appeals Commission and Planning Commission voted unanimously to approve the variance with little or no discussion; 3) Both members of the Appeals Commission and Planning Commission were complimentary that the site plan itself. All felt it would be an asset to the neighborhood. He had concerns that this site would sit vacant for many more years if there was no liable financial reason to build upon the site. 4) Most comments from the Councilmembers and staff indicated that the plan was acceptable except for the need of the variance. It met the needs of the City's Comprehensive Plan by providing affordable new housing and met the City's desire for owner-occupied homes. Recently, a front yard setback was approved for a home in Ward 3. There were no objections from surrounding property owners in that case. There have been no objections to the variance request from the surrounding neighbors in this case. Councilmember Barnette continued with reason why he voted to deny this variance: 5) Several other concerns have been raised — one being that there is no playground in the immediate vicinity. This was no fault of the developer. Whether this project or any other project goes on the site, that concern will exist. 6) A concern raised by the Appeals Commission was with regard to the traffic concerns, especially at 73`� Avenue and Symphony Street, yet any development would create more traffic. It would not take long for new people to figure out how to get out of the neighborhood. Mr. Jawor has been asked many times to change his plat to six units. He has been unable to do so and claims the only way it would work financially is to put in seven units. Councilmember Barnette stated that when he ran for City Council he was very much concerned about the future and image of Fridley. He still was. This request by Mr. Jawor was a good plan for the lot, as it would make the City look better and would increase the tax base. It created affordable housing. Council was charged, as elected officials to make decisions, though often not all of them agree. However, he was thankful for democracy. Councilmember Billings stated that he did not feel the petitioner demonstrated that there was no other reasonable use for the land. He agreed with the petitioner that the type of project he wished to build may have required seven units in order to be a reasonable use of the land. However, he felt there were other reasonable uses for the land that did not require variances. He did not feel the land would remain vacant forever. In this instance, Councilmember Billings stated that he felt Mr. Jawor was attempting to "build seven pounds of building on a six pound lot." Councilmember Wolfe stated that he felt the project would be a great improvement to the area. He had not heard one opposition from the neighbors. Councilmember Bolkcom noted that the reason for setbacks was to provide as much green space as possible. Mayor Jorgenson stated that she had serious concerns about approving this request for a setback variance based on the absence of non-economic criteria, and what that would mean in terms of setting a precedent for enforcement in the future. UPON A VOICE VOTE, THREE MEMBERS VOTING AYE AND TWO VOTING NAY (COUNCILMEMBERS BARNETTE AND WOLFE), MAYOR JORGENSON FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 PAGE 17 DECLARED THE MOTION CARRIED AND VARINACE REQUEST #99-0-5 WAS DENIED. 17. PLAT REQUEST, P S #99-02. BY TIMOTHY JAWOR. TO CREATE EIGHT SEPARATE LOTS IN ORDER TO CONSTRUCT A SEVEN-UNIT TOWNHOME STRUCTURE GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E. �VARD 1)(TABLED MAY 24.19991: MOTION by Councilmember Billings to deny Variance Request, P.S. #99-02. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, THREE MEMBERS VOTING AYE AND TWO MEMBERS VOTING NAY (COUNCILMEMBERS BARNETTE AND WOLFE), MAYOR JORGENSON DECLARED THE MOTION CARRIED (PLAT REQUEST P.S. #99-02 DENIED). 6. APPROVE LEASE BETWEEN THE CITY OF FRIDLEY AND LYNDALE TERMINAL COMPANY FOR THE FRIDLEY LIQUOR WAREHOUSE STORE �WARD 3): Mayor Jorgenson stated that on any given Friday or Saturday evening she has witnessed up to 45 vehicles parked in the lot that would be part of the space leased for the Fridley Liquor Store. She believed the vehicles are from Cattle Company customers. She wondered if there was a parking agreement between Cattle Company and Lyndale Terminal Company for that section of the parking lot. Mr. Holscher stated that he believed there was a cross parking agreement. Concern was expressed by Councilmembers as to how this could affect the parking for patrons of the Fridley Liquor Store. MOTION by Councilmember Bolkcom to table action on the lease agreement between the City of Fridley and Lyndale Terminal Company for the Fridley Liquor Warehouse Store until the June 28, 1999 City Council Meeting to allow staff to obtain additional information. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 18. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZOIVING DISTRICTS (REZONING REOUEST, ZOA #99-02, BY THE CITY OF FRIDLEY. FRIDLEY CITY COUNCIL MEETING OF JUNE 14,1999 PAGE 18 FOR PROPERTY GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E.�(WARD 1Z MOTION by Councilmember Billings to Approve the First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by making a Change in Zoning Districts (Rezoning Request, ZOA #99-02, by the City of Fridley, for Property Generally Located at 7411 University Avenue N.E.). Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. APPROVE SPECIAL USE PERMIT, SP #99-01. BY HOLIDAY COMPArTIES AN DTERMINATE PREVIOUSLY GRANTED SPECIAL USE PERMIT SP #75-28 FOR MOTOR FUEL SALES, GENERALLY LOCATED AT 5695 HACKMANN AVENUE (WARD 2Z MOTION by Councilmember Wolfe to deny Special Use Permit, SP #99-01, by Holiday Companies. Seconded by Councilmember Billings. Councilmember Wolfe stated that he believed it was apparent that this was not what the neighborhood wants for the area. He believed that if the petition were distributed further evidence would have shown tl�at there would have been e�en more opposed to the development than those present at the meetings. As a Councilmember, he felt it was his obligation to back his constituents. Therefore, he was voting to deny the special use permit request. Mayor Jorgenson stated that she agreed with the neighbors that there are some traffic issues which may be partially due to the configuration of the intersection. However, the engineers did the best that they could with what they had to work with. She knew what the neighbors wanted for the site, but she also realized that a project could not be denied for those reasons. Therefore, as difficult as it was for her, she would not be voting in favor of Councilmember Wolfe's motion to deny this special use permit. Councilmember Billings stated that if Council were merely looking at a convenience store for this site, no special use permit would be required at all. The special use permit was for the motor fueling. The number of pumps was not increasing from what was already there. He did not feel that the total number of vehicle trips, 84 per day entering and exiting, was substantial enough of an increase to be a burden. The petitioner was entitled to reasonable use of the property. As much as Council would like to consider the emotional impact that it may have on the neighborhood, it was not something that the law allows them to do. : UPON A VOICE VOTE, ONE MEMBER VOTING AYE (WOLFE) AND FOUR MEMBERS VOTING NAY, MAYOR JORGENSON DECLARED THE MOTION FAILED. MOTION by Councilmember Billings to approve Special Use Permit, SP #99-01, for Motor Fuel Sales by Holiday Companies with the following stipulations: 1) The soils on the property will be FRIDLEY CITY COUNCIL MEETING OF JUNE 14,1999 PAGE 19 tested (weather permitting) by May 1, to make a final determination on the presence or absence of non-exempt wetlands. Testing will be completed by the City's environmental consultant at the petitioner's expense. If it is determined that non-exempt wetlands exist on the property, this special use permit shall become null and void. No site alterations shall occur until a final determination on wetland status; 2) The petitioner shall be responsible for litter control on the premises, and litter control is to occur on a daily basis. Trash receptacles must be provided on site at convenient locations to facilitate litter control; 3) Parking lot must be lined with a concrete curb; 4) Adequate parking to meet code requirements, including one handicap space, be provided on-site; 5) No off-site employee parking allowed along Hackmann Avenue or the service road; 6) Final drainage, landscaping, and irrigation plans shall be submitted with building permit application; 7) Petitioner shall execute a storm pond maintenance agreement, requiring petitioner to maintain the storm pond; 8) Canopy over gas pumps to have recessed, shielded, downcast lighting so as to be less intrusive on neighboring properties and canopy faces shall not be internally lit; 9) Car wash hours of operation shall be limited to 6:00 AM to 11:00 PM; 10) Tanks and ventilation shall be located so as to limit gasoline fumes off premises. Tank and vent location to be approved by staff prior to issuance of a building permit; 11) Petitioner shall install adequate informational signage on-site to assure proper flow of traffic round the building and to assure that cars waiting to be washed to not block access from roadways; 12) Intercom volume shall be set so intercom messages do not cany beyond Stationstore property; 13) Informational signage shall be placed on-site reminding Holiday customers that they are in a residential area and requesting they keep radios turned down so impact does not carry onto neighboring properties; 14) Petitioner shall install all waste trap and filtration devices as required by the Building Code for car wash facilities; 15) The petitioner shall comply with all outdoor sales and storage provisi8ons of Chapter 205 of the City Code; 16) The petitioner shall comply with all outdoor storage requirements; 17) The petitioner shall install underground irrigation for the landscape areas surrounding the station store; 18) All signs shall be reviewed by staff to assure compliance with Chapter 214 of the City Code; 19) All building elevations shall be reviewed by staff to ensure the design and materials used shall architecturally integrate with the surrounding neighborhoods; 20) The existing fence along the east property line shall be replaced with a residential type fence, to be approved by staff prior to issuance of a building permit. MOTION by Councilmember Billings to AMEND the stipulations by striking the following four: Stipulation Nos. 1, 9, 11 and 14 and renumbering accordingly and to add the following stipulation (numbered accordingly): "Upon adoption of Special Use Permit #99-01, Special Use Permit #75-28 shall terminate and become null and void along with all stipulations adopted on April 8, 1976. Further, to amend Stipulation currently numbered 20, by striking the words "the existing fence" and inserting the following "A fence along the south and", to strike the word "replaced" and insert "constructed" (read as follows: A fence along the south and east property long shall be constructed with a residential type fence, to be approved by staff prior to issuance of a building permit). Mayor Jorgenson stated that she has some concerns about the accessibility of the vehicles coming onto the property. FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 PAGE 20 Vote on Amendments: UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to add a Stipulation as follows: "All turnarounds by delivery vehicles of any kind at the site shall be accommodated entirely on the site. Any such vehicles shall avoid to the extent possible use of any residential streets, including but not limited to Polk Street and Lynde Drive." Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UANIMOUSLY. Vote on Main Motion: UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Jorgenson asked the petitioner if it was clearly understood that as long as Mr. and Mrs. Gilstad remain at their property, the convenience store would not remain operr 24 hours per day. Mr. Holscher stated that was correct. 20. MOTION GRANTING PRELIMINARY APPROVAL OF AN AMENDMENT TO THE 1999 — Z000 LICENSE FOR CASH-N-PAWN FOR THE RELOCATION OF THE BUSINESS TO 57T" AVENUE AND MAJN STREET (WARD 3Z MOTION by Councilmember Bolkcom to remove this motion from the agenda, per advice from Attorney Knaak. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 21. APPOINTMENTS TO THE CABLE TELEVISION AND TELE- COMMUNICATIONS ADVISORY COMMISSION: MOTION by Councilmember Billings to table this item. Seconded by Councilmember Bolkcom. Mayor Jorgenson stated that with the RFP coming forward, she wanted this item taken care of. Councilmember Billings stated he understood that the RFP would be reviewed by a panel, but was not sure that it would be brought back befare the Cab1e Commission. UPON A VOICE VOTE, FOUR MEMBERS VOTING AYE AND ONE MEMBER VOTING NAY (MAYOR JORGENSOI�, MAYOR JORGENSON DECLARED THE MOTION CARRIED. FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 PAGE 21 21. INFORMAL STATUS REPORTS: Mayor Jorgenson reminded residents of the Fridley `49er Day Parade which will be held on Thursday evening as well as the carnival. ADJOURNNIENT: MOTION by Councilmember Barnette to adjourn the meeting at 11:55 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE JUNE 14, 1999 MEETING OF THE CITY COUNCIL WAS OFFICIALLY ADJOURNED AT 11:55 P.M. Respectfully submitted, Tammy Saefke Recording Secretary Nancy J. Jorgenson Mayor d , ' ., THE MINUTES OF THE FRIDLEY CITY COUNCIL MEE'I'ING OF JUNE 28,1999 , - THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JLJNE 28. 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Billings, Councilmember Wo1fe, and Councilmember Bolkcom MEMBERS ABSENT: None PRESENTATION: Introduction of Students from Fourmies, France Mayor Jorgenson introduced Ms. Diane Ferry, Fridley High School French teacher and coordinator for seventeen students visiting from Fridley's Sister City, Fourmies, France. Mayor Jorgenson also introduced Mr. Michel Marteau, Fourmies' coordinator. Ms. Ferry explained how the group was celebrating the 20`� year anniversary of the two cities being Sister Cities. Mr. Marteau was also visiting on behalf of a student exchange program. Ms. Ferry introduced each student as Mr. George Arnold, VFW Commander, presented a gift to each student. Ms. Ferry also introduced the host families for each of the students. Mr. Marteau expressed his thanks and gratitude toward the City of Fridley for the opportunity of the student exchange program. Mayor Jorgenson thanked all students and families for participating in the program and for attending the meeting. APPROVAL OF MINUTES: Citv Council Meetin,� Minutes of June 14, 1999 The minutes of the City Council meeting of June 14,1999 were not available in vvriting for approval. FRIDLEY CITY COUNCIL MINUTES OF JUNE 28. 1999 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1129 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA. BY MAKING A CHANGE IN ZOl�TING DISTRICTS (REZO�IING REOUEST, ZOA #99-02. BY THE CITY OF FRIDLEY FOR PROPERTY GENERALLY LOCATED AT 7411 IJNIVERSITY AVENUE N E 1 (WARD 1) Mr. Burns, City Manager, explained that the property has been zoned R-2 since the early 1960's. A court settlement in 1970 allowed R-3 standards to be applied. This legislation was essentially a housekeeping item designed to bring the actual zoning into compliance with the requirements of the court. Staff recommended Council's approval of the second and fmal reading of this legislation. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1129 AND ORDERED PUBLICATION. NEW BUSINESS: 2. RESOLUTION NO. 41-1999 REQLTESTING EXTENSION OF THE DUE DATE TO DECE�IBER 31, 1999, FOR REVIEW OF THE CITY OF FRIDLEY'S COMPREHENSIVE PLAN FOR CONSISTENCY WITH AMENDED METROPOLITAN COUNCIL POLICY PLANS: Mr. Burns, City Manager, explained that this resolution asks the Metropolitan Council to give us until the end of 1999 to submit our Comprehensive Plan amendments. Staff recommended Council's approval. ADOPTED RESOLiJTION NO. 41-1999. 3. RESOLUTION NO. 42-1999 APPROVING AN ABATEMENT OF A SPECIAL ASSESSMENT FOR LANCE AND TONJA KONZE. 6775 EAST RIVER ROAD (WARD 3) Mr. Burns, City Manager, explained that this resolution would approve an abatement of a special assessment for Lance and Tonja Konze. On October 28,1996, the City assessed the property at 6775 East River Road for costs associated with construction of the Locke Lake Dam. Mr. Konze paid the balance of the assessment on February 12, 1997. The City inadvertently assigned the payment to the incorrect parcel number when reporting it to the County. The resolution abates the taxes and enables the Konzes to get a refund for FRIDLEY CITY COUNCIL MINUTES OF JUNE 28 1999 PAGE 3 taxes they paid in 1998 and 1999. On behalf of the City, Mr. Burns apologized to the Konzes for the error and recommend approval of this resolution. ADOPTED RESOLiJTION NO. 42-1999. 4. RESOLUTION NO. 43-1999 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND SPECIAL REVENLJE FUNDS AN� CAPTIAL IMPROVEMENT FL1ND FOR THE FOURTH QUARTER OF 1998: Mr. Burns, City Manager, explained that this resolution-would authorize changes in appropriations for various City funds. The adjustments are for the fmal quarter of 1998. They are for the General Fund, the Special Revenue Funds and the Capital Improvements Fund. The changes reflect unforeseen expenditures and revenues, including donations. Staff recommended Council approval of the adjustment contained on pages ten through twelve of the agenda book. ADOPTED RESOLUTION NO. 43-1999. 5, RESOLUTION NO. 44-1999 PROVIDING FOR THE ISSUANCE AND SALE OF SEIVIOR HOUSING REVENUE B4NDS TO PROVIDE FUNDS FOR A SEIVIOR HOUSING PROJECT ON BEHALF OF MINNESOTA CHRISTIAN HOMES OF FRIDLEY. INC.: Mr. Burns, City Manager, explained that the City was asked to be a conduit for the issuance of $9,700,000 in senior housing revenue bonds. The bonds are for the "Banfill Crossing Homes Project," formerly known as Noah's Ark. A public hearing on the fmancing was held July 14, 1997. At that time, it was stated that the City would have no financial responsibility for the repayment of these bonds. The City would also be compensated by the project for costs of bond counsel and any other costs incuned in issuing these bonds. Since the matter has been reviewed and approved by the City Attorney and since this project provides 110 units of badly needed senior housing in Fridley, staff recommended Council's approval of this bond issue. ADOPTED RESOLUTION NO. 43-1999. 6. MOTION TO APPROVE THE PURCHASE OF TWO GENERATORS (FOR 73 1/2 AVENUE FILTER PLANT AND 53RD AVENUE BOOSTER STATIO : /`►117 FRIDLEY CITY COUNCIL MINUTES OF JUNE 28 1999 PAGE 4 RESOLUTION NO: 45-1999 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FLTND AND THE CAPITAL IMPROVEMENT FUND: Mr. Burns, City Manager, explained that there were several unbudgeted expenditures in preparation for the year 2000 (Y2K). Earlier this year, Council was requested to approve the purchase of six generators for the sewage lift stations at a cost of $33,000. At the present time, Council was being asked to approve the expenditure of $80,450 for generators that would enable the City to operate the new filter plant and booster station on Highway 65 and 53rd Avenue, in the event that the City is without power at some future date. Staff recommended Council's approval of these expenditures. 1�1r. Burns also explained that the City was requesting that Council approve a supplemental appropriation for the purchase of several other Y2K items. These items include $19,500 for a generator hookup at the FCC, $3,600 for forty additional stop signs, and $5,500 for supplemental insurance. The total supplemental appropriation is $28,600. Staff recommended Council's approval. 7. CLAIMS: APPROVED PAYMENT OF CLAIM NUMBERS 87664 THItOUGH 87913. 8. LICENSES: APPROVED LICENSES AS SUBMITTED. 9. ESTIMATES: Ron Kassa Construction 6005 - 250th Street East Elko, MN 55020 1999 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 322 Estimate No. 3 ................................................$ 1,414.46 Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 57th Avenue Reconstruction Project No. ST. 1997 - 4 FINAL ESTIMATE ..............................$ 58,334.87 � FRIDLEY CITY COUNCIL MINUTES OF JUNE 28. 1999 PAGE 5 No persons in the audience spoke regarding the proposed consent agenda. MOTION by Councilmember Barnette to approve the consent agenda items. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNA1vIMOUSLY. ADOPTION OF AGENDA: MOTION made by Councilmember Billings to approve the adoption of the agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNAIVIMOUSLY. OPEN FORUM VISITORS: Mayor Jorgenson invited members of the public to come forward to address any items not on the agenda. Mr. Dan Hetman, 230 Craigbrook Way, explained that he was there on behalf of the neighborhood regarding the seven remaining Pearson-Craig Way Estate signs located at various boundaries to the neighborhood along East River Road. He presented a petition to save the signs and summarized the series of events that led to this petition. He stated that 74 out of 76 residents signed the petition regarding the signs. On June 24 he received a letter from the City signed by William A. Champa, Management Assistant. The letter stated that not all but several signs in the area would be removed. The letter stated that Mark Daly from the Anoka County Highway Department, informed the City that all signs would be removed. That meant all signs that were not in a construction area would be removed. Mr. Hetman said he typed a petition that stated the residents wanted either the City or the county to replace the signs. Mr. Hetman stated that by Thursday June 24 every resident he approached signed the petition for a total of 36 signatures. That evening Councilmember Bolkcom returned his telephone call. They discussed the petition, and Councilmember Bolkcom offered to make some telephone calls. June 25 Mr. Hetman received a letter from the County signed by Mark Daly. The letter was dated June 23 and stated that tree removal would begin June 21. Mr. Hetman stated that there were six remaining signs. He stated that the signs are their neighborhood property and identity. He stated that the majority of residents were never informed about all of the aspects of this construction. He stated that in the fmal analysis if nothing was done about the signs what has gone on through this construction project was nothing short of legalized vandalism conducted by Anoka County and condoned by the City of Fridley. He thanked Council for their time. FRIDLEY CITY COUNCIL MINUTES OF JUNE 28. 1999 PAGE 6 MOTION by Mayor Jorgenson to receive the petition given by Mr. Hetzman regarding the signs in their neighborhood. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNAlVIMOLiSLY. Councilmember Bolkcom stated that she would like to respond. She stated that she told Mr. Hetman previously on the telephone that how she found out the signs would be removed was by jogging in the neighborhood. A woman stopped her and asked her if the signs could be taken down because she thought they were in disrepair. Councilmember Bolkcom then electronically mailed a memorandum about the signs that same evening to the City Manager. The City Manager responded by saying that the County planned to remove most of them because they were in the right-of-way or would interfere with the construction. Councilmember Bolkcom then asked the City Manager how much the signs would cost. He responded that they were azound $1,500 to $2,000, and the County indicated that they would not pay for the signs. Councilmember Bolkcom stated that she thought since it was a county project with the Minnesota Department of Transportation coordinating the whole project, the residents should ask the county to hold a hearing with the county commissioner and coordinate something with Mr. Daly. Mr. Burns stated that there were seven signs altogether with all of them located on county property. Mr. Hetman agreed to be the contact person regarding this issue. Mayor Jorgenson confumed that Council would begin work on the issue and arrange meetings to see what they could do. Ms. Mary Martin, 133 Stonybrook Way, had a question regarding the county land bordering her boundary. She would like someone to check to see if it is City land or county land. Councilmember Bolkcom confirmed that Council needed to check on legal issues, where the signs are, and if they are in the right-of-way. Mr. Lenny Brandt, 190 Craigbrook Way, said he thought the signs were on private property. He wanted veriiication of the County's plans regarding legal issues with the signs. Ms. Karen Engler, 104 Craig Way, said she was unaware that one of the exits to her street would be closed. She said she would appreciate prior notification. She did not realize that the East River Road project would include her street. Mayor Jorgenson stated that the County Commissioner would be contacted the next day. FRIDLEY CITY COUNCIL MINUTES OF JUNE 28. 1999 PAGE 7 PUBLIC HEARINGS: 10. APPLICATION TO THE DEPARTMENT OF COMNIERCE BY PAWN AMERICA, L L C. TO OPERATE AS A CURRENCY EXCHANGE COMPANY: MOTION by Councilmember Biliings to open the public hearing at 8:30 p.m. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNA1vIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:30 P.M. Scott Hickok, Planning Coordinator, explained that this was an information heazing only. He said that this was a request by Pawn America located at 1031 East Moore Lake Drive to have a currency exchange operation within the existing facility. According to Minnesota State Statute 53-A.04(a) the City is required to hold a�public hearing. The State would accept all comments that the City presents as part of the public hearing. Mr. Hickok also noted that it would not be allowable to deny this request being that this was a use that was not prohibited in the zoning district where it was proposed so the City could not say the zoning was incorrect. There was no space expansion. It was within the confines of the building. Mr. Andy Lee, petitioner, was present to answer any questions the council might have. Councilmember Billings asked Mr. Lee if the two other names attached to the Articles of Organization of the Limited Liability Corporation were cunently partners in the operation. Mr. Lee coniu�med that they were family members and were further down the chain of ownership but he was not sure of their ownership. Councilmember Billings had a question regarding specifically who owns what percent of Pawn America. Mr. Lee said he was not sure and did not want to misspeak. He said he would follow up on that. Councilmember Billings stated that due to the sixty-day nature of the State statute there was no time to follow-up. Mr. Lee stated that he could submit it in writing tomorrow. Councilmember Billings stated that it would take time to take action on it in terms of recommending approval or denial for the state. Councilmember Billings' complaint was with the State of Minnesota for providing such a sloppy application and expecting Council to.take action within a certain time period when Council does not have authority to take any action. FRIDLEY CITY COLTNCIL MINUTES OF JUNE 28, 1999 PAGE 8 Mr. Lee presumed that the application was correct. He did not have it in front of him, so he did not want to misspeak. He stated that he knew the City reviewed it cazefully. Mr. Lee stated that he did not have specific information about the exact process of how the check cashing process would work, but he knew Pawn America held the items for at least two days. Councilmember Bolkcom stated that the statute only allows for a public hearing with no jurisdiction. Mr. Knaak confirmed that the state statute allowed for jurisdiction to hold a public hearing for verification. He believed that a public hearing was a prerequisite for approval so if you were to delay the public hearing, in effect you could also delay the approval. Councilmember Bolkcom asked David Sallman, Public Safety Director, to answer the question of the issue of safety pertaining to check cashing causing more crime. Mr. Sallman stated that he really did not have the information he needed to answer the question. He received the application last week and had not had time to review it. Councilmember Bolkcom stated that she thought it would increase police time with bad checks. Mayor Jorgenson stated that she had concerns not so much with the check cashing but with the pawn shop and people bringing in what may not be their property, being paid by check from Pawn America, and then cashing Pawn America's check. Mr. Lee stated he understood that the statistics on stolen material for pawnshops was extremely low. He stated that the business is highly regulated. Councilmember Wolfe had concerns about the negative perception about the pawnshop and the check cashing right next door to each other. Mr. Lee stated that it is Pawn America's money that would be at risk which increases their willingness to verify the pawn transaction and check cashing transaction. Councilmember Barnette noted that Council had no basis for disapproval. Councilmember Billings noted how there was insufficient information to make a deterniination. If Council disapproves it, the sole responsibility for defending that action in court falls onto City of Fridley, and State of Minnesota takes no responsibility for the action of defending the action of the City of Fridley. Councilmember Billings noted his displeasure with the State statute regarding this application. FRIDLEY CITY COUNCIL MINUTES OF JCJNE 28 1999 PAGE 9 Mr. Hickok stated that in the review of this issue staff was very frustrated to come to Council with a lack of knowledge and a recommendation of an issue especially when they know Council likes to make informed decisions. Mr. Hickok took full responsibility and apologized for not coming to Council earlier. He did not have the information they needed. Ms. Dacy, Director of Community Development, stated that she would accept the responsibility for not bringing this to Council's attention earlier. There were no questions or comments from the public. MOTION by Councilmember Billings to close the public hearing at 9:05 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 9:05 P.M. � MOTION by Councilmember Billings to direct the City Attorney to write a letter to the Minnesota Department of Commerce stating Council's frustrations with the State statute indicating the statute makes no provisions for approval or disapproval, that Council resents having to spend money to hold a public hearing, and the application was confusing. He also war�ted the letter to indicate that it was the viewpoint of the Council that the Minnesota Department of Commerce had apparently sent an incomplete application; and therefore, denied Council an opportunity to fully evaluate the application. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 11. MOTION TO APPROVE LEASE BETWEEN THE CITY OF FRIDLEY AND LYNDALE TERMINAL COMPANY FOR TI� FRIDLEY LIOUOR WAREHOUSE STORE (WARD 31 (TABLED JUNE 14,1999)• Mr. Richard Pribyl, Finance Director, spoke regarding issues of the lease between the City and Lyndale Ternunal Company for the Fridley Liquor Warehouse Store. Mr. Pribyl also spoke regarding issues with Stuart Anderson's Cattle Company parking lot. Mr. Pribyl explained that it was anticipated that the City could become the number one municip��. off-sale retailers in the state. The liquor store would also benefit the City by reducing property taxes. Mayor Jorgenson asked if all of the construction costs would be �paid for out of the liquor fund. FRIDLEY CITY COUNCIL MINUTES OF JLTNE 28,_1999 PAGE 10 Mr. Pribyl confirmed that the liquor fund would pay for the construction costs. MOTION by Councilmember Bolkcom to approve the lease between the City of Fridley and Lyndale Terminal Company for the Fridley Liquor Warehouse Store. Seconded by Council- member Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DELCARED THE MOTION CARRIED UNA1vIMOUSLY. NEW BUSINESS: 12. RESOLUTION NO. 46-1999 OPPOSING THE PROPOSED SPEED LINIIT INCREASE BY THE n�IINNESOTA DEPARTMENT OF TRANSPORTATION ON TRUNK HIGHWAY 47 FROM 68TH AVENUE N.E. TO 45TH AVENUE N.E.: MOTION by Councilmember Billings to approve Resolution No. 46-1999. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIlVIOUSLY. 13. INFt�R1V1AL STATUS REPORTS: Councilmember Bolkcom summarized some of the events of the Fridley `49er Days and the events that took place at Columbia Arena. She also stated that she now has a better appreciation for all of the City's firefighters and rescue workers. Councilmember Barnette commented on how well the all-class high school reunion went. He commended Mr. Chuck McKusick for all he did for the Upper Midwest Auto Extrication Competition. He also thanked everyone involved in the success of all of the events. Mayor Jorgenson commented on how well the horseshoe tournament went. Councilmembers discussed how well the wrestling event went also. ADJOURN: MOTION by Councilmember Billings to adjourn the meeting at 9:30 p.m. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGEI�IS�I�I DECLARED THE MOTION CARRIED UNANIlVIOUSLY AND THE JUNaE 2�9 ll��� MEETING OF THE CITY COUNCIL WAS ADJOURNED AT 9:30 P.M. FRIDLEY CITY COLINCIL MINUTES OF J[JNE 28 1999 PAGE 11 Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayar r AGENDA ITEM ` CITY COUNCIL MEETING OF JULY 12, 1999 UTY OF PRIDLEY TO: WILLIAM W. BURNS, CITYMANAGER ��� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: A RESOLUTIONAPPROVING THE ISSUANCE AND SALE OF THE $200,000 SUBORDINATED SENIOR HOUSING REVENUE NOTE, SERIES 1999 AND A UTHOORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO (BANFILL CROSSING HOMES PROJEC7� DATE: July 9, 1999 In connection with the fmancing of the project known as "Banfill Crossing Homes", one note will be issued on a subordinated basis to the bonds that were approved at the last City Council Meeting. Due to an oversight, this resolution was not included with the resolution passed on June 26`h. The note, known as the $200,000 Subordinated Senior Housing Revenue Note, Series 1999, will be issued to Senior Housing Construction, Inc. This note along with the one that was approved by the City Council are payable solely from Project Net Operating Income. This issue is subordinate to the latger issue approved two weeks ago and will only be paid after the payment of the debt servi�e on the senior bonds. RDP/me Attachment 1 RESOLUTION APPROVING THE ISSUANCE AND SALE OF TIiE $200,000 SUBORDINATED SE1vIOR HOUSING REVENUE NOTE, SERIES 1999 AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO (BANFILL CROSSING HOMES PROJECT) follows: BE TT RESOLVED by the City Council of the City of Fridley, Minnesota (the "City"), as LEGAL AUTHORIZATION AND FINDINGS. 1.1 F'indin�s. Tne City hereby finds, determines and declares as follows: (a) The City is a political subdivision of the State of Minnesota and is authorized under Minnesota Statutes, Chapter 462C, as amended (the "AcY') to assist the revenue producing project herein referred to, and to issue and sell the Subordinated Note, as hereinafter defined, for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. (b) As required by the Act and Secrion 147(fl of the Intemal Revenue Code of 1986, as amended (the "Code"), the City has, on July 14, 1997, held a public hearing on the issuance of one or more revenue notes to finance the Project. (c) The issuance of the $200,000 Subordinated Senior Housing Revenue Note, Series 1999 (Banfill Crossing Homes Project) to be issued in a single note (the "Subordinated Note") by the City, pursuant to the Act, is in the best interest of the City, and the City hereby deterinines to issue the Subordinated Note, as provided herein. (d) Pursuant to a Subordinated Note Loan Agreement (the "Subordinated Note Loan Agreement") to be entered into between the City and Minnesota Chrisrian Homes of Fridley, Inc. (the "Bonower"), the Borrower has agreed to repay the Subordinated Note in specified amounts and at specified times suf�cient to pay in full when due the principal of, premium, if any, and interest on the Subordinated Note. In addition, the Subordinated Note Loan Agreement contains provisions relating to the construction, the maintenance and operation of the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the City and the Borrower deem necessary or desira.ble for the financing of the Project. A draft of the Subordinated Note Loan Agreement is on file with the City. (e) Pursuant to a Pledge Agreement to be entered into between the City and the Purchaser (as �erein defined), the City has pledged and granted a security interest in all of its rights, title, and interest in the Subordinated Note Loan Agreement to the Purchaser (except for certain rights of indemnification and to reimbursement for certain costs and expenses). A draft of the Pledge Agreement is on file with the City. ( fl The Subordinated Note will be a special limited obligation of the City. The Subordinated Note sha11 not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the City be subject to any liability thereon. No holder of the Subordinated Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Subordinated Note or the interest thereon, nor to enforce payment thereof agaixist 2 any property of the City. The Subordinated Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. (g) It is desirable, feasible and consistent with the objects and purposes of the Act to issue the Subordinated Note. 2. THE SUBORDINATED NOTE. 2.1 Authorized Amount and Form of Subordinated Note. The Subordinated Note issued pursuant to this Resolurion shall be in substantially the form attached as Exhibit A with such appropriate variarions, omissions and insertions as are pemutted or required by this Resolution, and in accordance with the further provisions hereof. The Subordinated Note in the amount of $200,000 shall be issued to Senior Housing Construction, Inc. (the "Purchaser"). The Subordinated Note may be issued in such amount but not to exceed $200,000 unless a duplicate Subordinated Note is issued pursuant to Section 2.7 and shall be registered to such individuals or entities as designated by the Purchaser. The Subordinated Note will be issued in satisfaction of $200,000 owed by the Borrower to the Purchaser pursuant to that certain Sripulated Sum Standard Form Agreement Between Owner and Contractor (Labor), dated June 18, 1999 (the "Construction Contract"), and shall be issued to the Purchaser concurrently with the issuance of the City's Senior Housing Revenue Bonds (Banfill Crossing Homes Project) Series 1999, to be issued in the approximate amount of $9,630,000 (the "Bonds"). The Subordinated Note shall bear interest at the rates set forth in the Subordinated Note and shall be subordinate to the Bonds under the terms set forth in the Subordinated Note. 2.2 The Subordinated Note. The Subordinated Note shall be dated as of the date of delivery to the Purchaser, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2.3 Execution. The Subordinated Note shall be executed on behalf of the City by the signatures of its Mayor and City Manager and shall be sealed with the seal of the City; provided that the seal may be intentionally omitted as provided by law. In case any officer whose signature shall appear on the Subordinated Note shall cease to be such officer before the delivery of the Subordinated Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence or disability of the Mayor or the City Manager such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council execute and deliver the Subordinated Note. 2.4 Deliverv of Inirial Subordinated Note. Before delivery of the Subordinated Note there shall be filed with the Purchaser the following items: (i) an executed copy of each of the following documents: (ri) the Subordinated Note Loan Agreement; (ui) the Pledge Agreement; (b) an opinion of Counsel for the Borrower as prescribed by the Purchaser and Bond Counsel; 3 (c) the opinion of Bond Counsel as to the validity and tax exempt status of the Subordinated Note; (d) a 501(c)(3) deternunarion letter from the Internal Revenue Service evidencing that the Borrower is exempt from income taxation under Section 501(c)(3) of the Code; (e) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (c) above or that the Purchaser may reasonably require for the closing. 2.5 Disnosition of Subordinated Note Proceeds. Upon delivery of the Subordinated 1Vote to the Purchaser, the Purchaser shall issue a receipt to the Borrower and the City for $200,000 with respect to payments owed on the Construcrion Contract. 2.6 ReQistration of Transfer. The City will cause to be kept at the office of the City Manager a Subordinated Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Subordinated Note. The Subordinated Note shall be initially registered in the name of the Purchaser and shall be transferable upon the Subordinated Note Register by the Purchaser in person or by its agent duly authorized in writing, upon surrender of the Subordinated Note together with a written instrument of transfer satisfactory to the City Manager, duly executed by the Purchaser or its duly authorized agent. The following form of assignment shall be sufficient for said purpose. For value received hereby sells, assigns and transfers unto the within Subordinated Note of the City of Fridley, Minnesota, and does hereby urevocably constitute and appoint attomey to transfer said Subordinated Note on the books of said City with full power of substitution in the premises. The undersigned certifies that the transfer is made in accordance with the provisions of Section 2.9 of the Resolution authorizing the issuance of the Subordinated Note. Dated: Registered Owner Upon such transfer the City Manager shall note the date of registration and the name and address of the new Purchaser in the Subordinated Note Register and in the registration blank appearing on the Subordinated Note. 2.7 Mutilated, Lost or Destroved Subordinated Note. In case any Subordinated Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Subordinated Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Subordinated Note, or in lieu of and in substitution for such Subordinated Note destroyed or lost, upon the Purchaser's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Subordinated Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Subordinated Note has already matured or been called for redemption in accordance with its terms it sha11 not be necessary to issue a new Subordinated Note priar to payment. C� 2.8 Ownershin of Subordinated Note. The City may deem and treat the person in whose name the Subordinated Note is last registered in the Subordinated Note Register and by notation on the Subordinated Note whether or not such Subordinated Note shall be overdue, as the absolute owner of such Subordinated Note for the purpose of receiving payment of or on account of the Principal Balance, redemprion price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2.9 Limitation on Subordinated Note Transfers. The Subordinated Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Subordinated Note may not be assigned or transferred in whole or part, nor may a participation interest in the Subordinated Note be given pursuant to any participation agreement, except upon receipt of a written opinion of Bond Counsel that an exemption exists for such transfer. 2.10 Issuance of New Subordinated Notes. Subject to the provisions of Section 2.9, the City shall, at the request and expense of the Purchaser, issue new notes, in aggregate outstanding principal amount equal to that of the Subordinated Note surrendered, and of like tenor except as to number and principal amount, and registered in the name of the Purchaser or such transferee as may be designated by the Purchaser. 3. MISCELLANEOUS. 3.1 Severabilitv. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperarive or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdicrions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumsta.nces shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperarive, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 3Z Authenrication of Transcrint. The officers of the City are directed to fixmish to Bond Counsel certified copies of this Resolution and all documents referred to herein, anci affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Subordinated Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 3.3 Authorization to Execute Aereements. The forms of the proposed Subordinated Note Loan Agreement, and the Pledge Agreement, are hereby approved in substantially the form on file with the City, together with such additionai details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel and the City Attorney prior to the execution of the documents, and the Mayor and City Manager of the City are authorized to execute the Subordinated Note Loan Agreement, the Assignment and the Pledge Agreement in the name of and on behalf of the City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Subordinated Note. In the event of the absence or disability of the Mayor or the City Manager such officers of the City as, in the opinion of the City Attomey, may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such 4 5 absent or disabled officers. The execution of any ins�ument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1999 ATTEST: DEBRA A. SKOGEN — CITY CLERK 0 NANCY J. JORGENSON — MAypR EXHIBIT A UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY Subordinated Senior Housing Revenue Note, Series 1999 (Banfill Crossing Homes Project) $200,000 FOR VALUE RECEIVED the CTTY OF FRIDLEY, Anoka County, Minnesota (the "City") hereby promises to pay Senior Housing Construcrion, Inc., in Victoria, Minnesota, its successors or registered assigns (the "Holder"), from the source and in the manner hereinafter provided, the principal sum of $200,000, or so much thereof as remains unpaid from time to rime (the "Principal Balance"), with interest thereon from the date hereof until Mazch 1, 2034 (the "Final Maturity Date") at 6.25% per annum, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. This Subordinated Note and interest thereon and any service charge or premium, if any, due hereunder are payable solely from the revenues and proceeds derived from the Subordinated Note Loan Agreement of even date herewith between the City and Minnesota Christian Homes of Fridley, Inc. (the "Borrower") (the "Subordinated Note Loari Agreement"). The City and the Holder intend that tlus Subordinated Note be paid only from and to the extent of sums available therefor under the Subordinated Loan Agreement after () payment of current debt service with respect to the City's [59,630,000] of Senior Housing Revenue Bonds (B�11 Crossing Homes Project) Series 1999 (the "Bonds"), and (ii) the Borrower has caused all deposits to the funds and accounts as provided for in Section 5.3(2), subsections (a) through (g), of that certain Indenture of Trust, dated as of July 1, 1999, between the City and U.S. Bank Trust National Association, as tcustee (the "Trustee"), entered into with respect to the Bonds (the "Indenture"). All payments hereunder shall be applied first to accrued and unpaid interest, and the balance shall be applied to the outstanding Principal Balance.� If the interest on this Note should become subject to federal income taxation pursuant to a "Determinarion of Taxability" as that term is defined in the Subordinated Note Loan Agreement, and the Holder delivers to the Borrower a copy of the notice of the "Determination of Taxability", the interest rate shall be immediately adjusted to be three percent above the interest rate then in effect and each installment thereafter payable shall be accordingly adjusted and shall be equal to the amount necessary to amortize the remaining Principal Balance by the Final Maturity Date with interest at said adjusted rate; and in addition the Holder shall be entitled to receive upon demand an amount equal to the aggregate difference between �) the monthly payments theretofore made to the Holder on this Note between the "Date of Taxability", as that term is defined in the Subordinated Note Loan Agreement, and the date of receipt by the Borrower of notice of such "Determination of Taxability", and (u) the monthly payments which would have been made during such period if the adjusted rate had been in effect throughout such period. 1. Accrued interest and principal, to the extent sums aze available therefor pursuant to Section 5.3(2)(h) of the Indenture, shall be payable only to the extent of such available funds semiannually A-1 7 on March 1 and September 1 of each yeaz (each, an"Payment Date"), commencing on Mazch 1, 2001 (the "Commencement Date"), and continuing on each Payment Date thereafter until the Maturity Date. 2. In any event, the payments hereunder shall be sufficient to pay all principal and interest due, as such principal and interest becomes due, and to pay any premium or service charge, at maturity, upon redemprion, or otherwise. Interest shall be computed on the basis of a 360 day yeaz, but charged for the actual number of days elapsed. Principal and interest and premium or service chazge, if any, due hereunder shall be payable at the principal office of the Holder, or at such other place as the Holder may designate in writing. 4. This Note is issued by the City to provide financing for a portion of the cost of a project, as defined in Minnesota. Statutes, Chapter 462C, consisting of the acquisition and equipping of senior housing facilities to be owned and operated by Minnesota Christian Homes of Fridley, Inc., a Minnesota nonprofit corporation (the "Borrowe�') pursuant to a Subordinated Note Loan Agreement dated as of July 1, 1999 by and between the City and the Borrower (the "Subordinated Note Loan Agreement"), and this Note is further issued pursuant to and in full compliance with the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C and pursuant to a resolurion of the City Council duly adopted on June 28, 1999 (the "Resolurion"). 5. This Note is secured by a Pledge Agreement of even date herewith between the City and the Holder (the "Pledge Agreement"). 6. Payments on this Note are subordinate to payments of debt service on the Bonds, and Holder. agrees that the following terms of subordination apply to this Note: (a) Subordination of Notes' Debt Service. (i) During any time that (i) the City has not paid in full, on a current basis, all amounts then due and payable under the Bonds, or (ii) the Rebate Fund, the Bond Reserve Fund, the Operations and Maintenance Fund, the Bond Fund, the Replacement Fund or the Operating Deficit Fund (collectively, the "Trust Funds") aze not fully fimded at their required amounts pursuant to the terms of the Indenture, the Holder will not ask for, demand, sue for, take, receive or accept from the City or the Bonower, by setoff or in any other manner, any payment or distribution from the City or the Borrower relating to the Subordinated Note or any other obligation or indebtedness, whether presently existing or arising in the future. (n) During any time that (i) the City has not paid in full, on a current basis, all amounts then due and payable under the Bonds, or (ii) the Trust Funds are not fully funded at their required amounts pursuant to the terms of the Indenture, the City and the Borrower covenant and agree that they shall not pay to the Holder, by setoff or in any other manner, any payment or distribution relating to the Subordinated Note or any other obligation or indebtedness, whether presently existing or arising in the future. (ni) the Holder will not ask for, demand, sue for, take, receive or accept from the City or the Borrower, by setoff or in any other manner, any payment or distribution from the City or the Borrower if the making of such payment will constitute or would A-2 � result in the occurrence of a violation of the provisions of any instrument or agreement evidencing, in connection with, or securing the Bonds or would result in the occurrence of any event which with the giving of notice or lapse of time or both would constitute. an event of default under the provisions of any such instrument or agreement. (iv) In the . event the Holder shall receive any payment or distribution which the Holder is not enrided to receive under the foregoing provisions, the Holder will tum over such payment to Trustee in the form received by it to be applied to the Bonds or deposited into the Trust Funds, as the case may be. (b) Limitation on Remedies of the Holder. Unri! such time as tlae Bonds are gaid in full, the Holder shall not do any of the following: (i) Commence any action or proceeding against the City or the Borrower to recover all or any part of the Subordinated Note or join with any other creditor, unless the Trustee shall also join, in bringing any proceedings against the City or the Borrower under any banl�uptcy, reorganization, readjustment or debt, arrangement of debt, receivership, liquidation or insolvency law or statute of the federal or any state govemmen� (ri) Commence any acrion or proceeding against any collateral provided as security for the Subordinated Note, including without limitation against the Project or the rents therefrom, unless the Trustee provides written consent and shall have previously commenced and continues to pursue such an action pursuant to the Bonds. Furthermore, if the Trustee ceases to pursue a previously commenced action as a result of the City's or Borrower's cure of the default or for any other reason, the Holder shall likewise cease to pursue any action commenced by it whether or not the default under the Subordinated Note has been cured. (rii) The limitation of the Holder's remedies shall preclude any foreclosure, taking in possession, appointment of a receiver, exercise of any rights under any assignment of rents or any other action which may interfere with the Trustee's possession, operation or management of the Project or the exercise by the Trustee of its rights and remedies under the Indenture until such time as specifically provided in the Indenture. (c) Modification of Bond Loan. The Trustee, the City and the Borrower, or their successors and assigns may, at any time, and from time to time, without the consent of or notice to the Holder, without incurring responsibility to the Holder, and without impairing or releasing any of the obligations of the Holder hereunder and without said actions affecting the full and complete subordination of the Subordinated Note to the Bonds: (i) change the amount, manner, place or terms of payment, or change or extend for any period of time of payment of or renewal or otherwise alter or modify, the Bonds or any instrument or agreement evidencing, in connection with, as security for or providing for the issuance of any portion of the Bonds in any manner or enter into or amend in any manner any other agreement relating to the Bonds; (ii) sell, exchange, release or otherwise deal with all or any part of any properiy or other security pledged or mortgaged to secure the Bonds including without limitation the Project; A-3 �� (iri) release anyone liable in any manner for payment or collection of the Bonds; (iv) exercise or refrain from exercising any rights against the City or the Borrower or others; (v) accept additional security of any kind for repayment of the Bonds; and (vi) apply any sum received by the Trustee, by whomsoever paid and however realized, to payment of the Bonds in such manner as the Trustee, in its sole discretion, may deem appropriate. (d) Covenants of the Holder. The Holder covenants that it will: (i) execute any and all other instruments reasonably required by the City or the Trustee to evidence the subordination of the Subordinated Note to the Bonds; and (ri) not assign or transfer to any others any claim the Holder has or may have against the City or the Borrower as long as any of the Bonds remains outstanding, unless such assignment or transfer is expressly made subject to the terms hereof; and (in) not increase the principal balance of the Subordinated Note or extend, alter or otherwise modify the terms of the Subordinated Note in any manner without the prior written approval of the Trustee (which approval may be granted or withheld by the Trustee in its sole discretion). The City, for itself, its successors and assigns, hereby waives demand, presentment, protest and notice of dishonor; and to the extent pernutted by law, the Holder may extend interest and/or principal of or any service chazge or premium due on this Subordinated Note, including the Final Maturity Date, or release any part or parts of the property and interest subject to any security document from the same, all without notice to or consent of any pazty liable hereon or thereon and without releasing any such party from such liability and whether or not as a result thereof the interest on the Subordinated Note is no longer exempt from the federal or state income tax. In no event, however, may the Final Maturity Date of the Subordinated Note be extended beyond thirty- five (35) years from the date hereof. 8. Subject to the terms of Section 6 hereof, this Subordinated Note may be prepaid in whole or in part, at the option of the Borrower, on any business day thereafter, without premium, at a price of par and accrued interest. 9. Upon the occurrence of an Event of Default, as defined in the Subordinated Note Loan Agreement, the Holder may declaze the Principal Balance and accrued interest on the Subordinated Note to be immediately due and payable. 10. As provided in the Resolution and subject to certain limitations set forth therein, this Subordinated Note is only transferable upon the books of the City at the office of the City Clerk, by the Holder in person or by its agent duly authorized in writing, at the Holder's expense, upon surrender hereof together with a written inshument of transfer satisfactory to the City Clerk, duly executed by the Holder or its duly authorized agent. Upon such transfer the Clerk will note the date of registration and the name and address of the new registered owner in the registration blank appearing bel��. A-4 10 The City may deem and treat the person in whose name the Subordinated Note is last registered upon the books of the City with such registrarion noted on the Subordinated Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on the account, of the Principal Balance, redemprion price or interest and for all other purposes, and all such payments so made to the Holder or upon his order shall be valid and effective to satisfy and discharge the liability upon the Subordinated Note to the extent of the sum or sums so paid, and the City shall not be affected by any norice to the contrary. 11. All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution, the Subordinated Note Loan Agreement and the Pledge Agreement are hereby made a part of this Subordinated Note to the same extent and with the same force and effect as if they were fully set forth herein. 12. This Subordinated Note and interest thereon and any service charge or premium, if any, due hereunder are payable solely from the revenues and proceeds derived from the Subordinated Note Loan Agreement and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation, are not payable from or a chazge upon any funds other than the revenues and proceeds pledged to the payment thereof, and do not give rise to a pecuniary liability of the City or any of its officers, agents or employees, and no holder of this Subordinated Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Subordinated Note or the interest thereon, or to enforce payment thereof against any property of the City, and this Subordinated Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, and the agreement of the City to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds fumished for such purpose in accordance with the Subordinated Note Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof. 13. If an Event of Default (as that term is defined in the Subordinated Note Loan Agreement) shall occur, then the Holder shall have the right and option to declare, upon ten (10) days written notice, the Principal Balance and accrued interest thereon, immediately due and payable, whereupon the same, plus any premiums or service chazges, shall be due and payable, but solely from sums made available under the Subordinated Note Loan Agreement. Failure to exercise such option at any rime shall not constitute a waiver of the right to exercise the same at any subsequent time. 14. The remedies of the Holder, as provided herein and in the Subordinated Note Loan Agreement and the Pledge Agreement, are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Holder, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 15. The Holder shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder and, then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 16. This Subordinated Note has been issued without registration under state or federal or other securities laws, pursuant to an exemption for such issuance; and accordingly the Subordinated Note may not be assigned or transferred in whole or part, nor may a participation interest in the A-5 11 Subordinated Note be given pursuant to any participarion agreement, except in accordance with an applicable exemption from such registration requirements. The City acknowledges that the Holder intends to enter into a participation agreement with one or more sophisticated investors. IT IS HEREBY CERT'IFIED AND RECITED that all conditions, acts and things required to exist to happen and to be performed precedent to or in the issuance of this Subordinated Note do exist, have happened and have been performed in regular and due form as required by law. A-6 12 IN WITNESS WHEREOF, the City has caused this Subordinated Note to be duly executed in its name by the manual signatures of the Mayor and City Manager, the corporate seal having been intentionally omitted as pemutted by law, and has caused this Subordinated Note to be dated as of July _, 1999 A-7 13 PROVISIONS AS TO REGISTRATION The ownership of the unpaid Principal Balance of this Subordinated Note and the interest accruing thereon is registered on the books of the City of Fridley in the name of the holder last noted below. Date of Re�istration Julv , 1999 Name and Address , Re�istered Owner Senior Housing Construction, Inc. A-8 14 Signahue of Citv Mana�er . � � CfTY OF FRIDLEY Name Carolyn Dreyer Eugene Abel Jane Oster AGENDA ITEM CITY COUNCIL MEETING OF JULY 12, 1999 Position Head l.iquor Store Clerk Non-exempt Head Liquor Store Clerk Non-exempt Head Liquor Store Clerk Non-exempt Appointment Starting Salary $12.21 per hour $12.21 per hour $12.21 per hour 15 Starting Date June 29, 1999 June 29, 1999 June 29, 1999 Replaces Division Restructuring Division Restructuring Division Restructuring : AGENDA ITEM CITY COUNCIL MEETING OF JULY 12, 1999 CRY OF FRIDLEY CLAIMS 87914 - 88 � 85 16 ., � � G1Y OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 12, 1999 Type of License ELECTRICAL E K Electric 11401 Excelsior Blvd Hopkins MN 55343 GAS SERVICES Air Conditioning & Associates Inc 689 Pierce Butler Route St Paul MN 55104-1696 Westair Inc 11184 River Rd NE LICENSES � Brian Waterman John Matthews Hanover Mn 55341 Joe Lynch GENERAL CONTRACTOR-COMMERCIAL EFH Co 2999 W Co Rd 42 Burnsville MN 55306 Mike Whalen Kraus Anderson Construction Co 525S8St Minneapolis MN 55404 Susan Hedstrom New Haven Construction 4208 83 Ave N Brooklyn Park MN 55443 Kerri Ivesdal Midwest Restoration 6319 Hwy 65 NE Fridley MN 55432 Gary Wruck 17 Approved By STATE OF MN RON JULKOWSKI Building Official Same RON JULKOWSKI Building Official Same Same Same Type of License � GENERAL CONTRACTOR-RESIDENTIAL Bangsund Construction (7408) 8805 Davern Ave NE Monticello MN 55362 Ken Bangsund Beers Construction (6551) 4208 6 Street NE Columbia Heights MN 55421 Randy Beers D L Builders (20096711) 1166 14 Ave SE Minneapolis MN 55414 Dan Lemmenes Dahl Builders & Remodelers (20050777) 451 Maple St Spring Lake Park MN 55432 Dale Dahl First Choice Exteriors (4266) 2405 Annapolis Ln Ste 240 Plymouth MN 55441 Larry Froemming Nurnberg Construction (20081011) 342 81 Ave N E Spring Lake Park MN 55432 Heinrich Schonheit Leger Roofing & Construction (20022818) 12033 Louisiana Ave N Champlin MN 55316 Tim Leger Precision Roofing (20141220) 200 W 88 St STE 4 Bloomington MN 55420 Jamie Fallis Renslows Decks & Gazebos (8209) 1115 Southview Blvd S St Paul MN 55075 Chris Renslow Valley Investments Const (4241) 2401 Lexington Ave S Mendota Heights MN 55120 Jim Williams �% Approved By STATE OF MN Same Same Same Same Same Same Same Same Same � .� . '� , . Type of License HEATING Air Conditioning Associates Inc 689 Pierce Butler Route Maple Plain MN 55359-9495 Westair 11184 River Rd NE Hanover MN 553�1 PLUMBING Buchman Plumbing Co Inc PO Box 11070 Minneapolis MN 55412 Duda Plumbing Services � 208 17 Ave N Hopkins MN 55343 Olson Plumbing 11401 Excelsior Blvd Hopkins MN 55343 ROOFING Rayco Construction Inc 3801 5 St N E Columbia Heights MN 55421 � Gerald Sturm Joe Lunch Jeff Buchman Leon Duda Brian Waterman Christy Malenke 19 Approved By RON JULKOWSKI Building Official Same STATE OF MN Same Same RON JULKOWSKI Building Official � � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 12, 1999 ESTIMATES Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of June, 1999 .............................................................. $ 5,000.00 Ron Kassa Construction - 6005 — 250�' Street East Elko, NIN 55020 1999 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 322 Estimate No. 4 .................................................................................... $ 2,199.25 Park Construction Co. 7900 Beech Street N.E. Fridley, MN 55432-1795 Riverview Heights Area Improvement Project No. ST. 1999 —1 EstimateNo. 3 ..................................................................................... $ 311,158.63 20 / � QTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 12, 1999 TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager,,� � . DATE: SUBJECT: July 8,1999 Public Hearing - Utility Franchise Fees Attached is the public hearing notice for the proposed utility franchise fees. The public hearing will be held on Monday, July 12, 1999. As background information for the public hearing, we are also attaching the following: . . Franchise Fee Ordinance Memorandum Addressing Frequently Asked Questions Franchise Fee Comparisons with other Cities Proposed Franchise Fee Summary Definition of Customer Classifications for Minnegasco and NSP Franchise Fee Brochures 21 CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on July 12, 1999 at 7:30 p.m. for the general discussion of imposing electric and gas franchise fees to the residents of Fridley (proposed City Code Chapter 409). Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than July 8, 1999. Anyone having an interest in this matter should make their interest known at this public hearing. Publish: June 17, 1999 ZZ ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRIDLEY, MINNESOTA, AMENDING THE CITY CODE TO INCLUDE A NEW CHAPTER 409, ENTITLED "FRANCHISE FEES" THE CITY COUNCIL OF THE CITY OF FRIDLEY ORDAINS SECTION 409.01. PURPOSE The Fridley City Council has determined that it is in the best interest of the City to impose an equivalent franchise fee on all entities providing electric and gas service pursuant to franchise within the City in accordance with the franchise agreement entered between the City and each such energy supplier. The franchise fee is paid as full compensation for the rights to transmit and distribute electric or gas energy for public or private use within and through the limits of the City as permitted by the respective franchise of each energy supplier. The equivalent fee was determined in advance by the City based on each energy suppliers' estimated Gross Revenues so that the fee paid by one Customer Classification is in all material respects the equivalent, based on a percentage of the estimated Gross Revenues for the Customer Classification, of the fee paid by each similar Customer Classification(s) of the other energy suppliers. SECTION 409.02. FEE SCHEDULES 1. Minnegasco Com�any Gas Service Fee Schedule. A franchise fee is hereby imposed on Minnegasco Company for its gas franchise granted by the City in the following amounts and as defined in Section 7 of the parties' Franchise Agreement. Customer Classification Amount per Month Residential 3% of customer's monthly gas bill Firm A $0.87 per month Firm B 2.82 per month Firm C 13.18 per month SVDF A 26.59 per month SVDF B 147.50 per month LVD 150.00 per month 23 2. Northern States Power Company Electric Service Fee Schedule. A franchise fee is hereby imposed on Northern States Power Company for its electric franchise granted by the City in the following amounts and as defined in Section 9 of the parties' Franchise Agreement: Customer Classification Residential Small C/I & Municipal, no demand charge Small C/I & Municipal, w/demand charge Large C/I Secondary Large C/I Primary SECTION 409.03. PAYMENT Amount per Month 3% of customer's monthly gas bill $1.90 per month $12.50 per month $93.00 per month $150.00 per month Said franchise fee shall be payable to the City quarterly. The payment shall be due the last business day of the month following the preceding quarter of the calendar year and shall be based on the electric or gas set-vice provided for the preceding quarter of the calendax year. Each energy supplier shall furnish with each payment a statement of the amounts collected by customer classification for the period on which the payment was based. Each energy supplier shall permit the City and its representative free access to supplier records for the purpose of verifying such statements. SECTION 409.04. REDUCED OR REBATED RESIDENTIAL FEE FOR ECONOMIC HARDSHIP • Upon showing of economic hardship, a rebate of the franchise fee paid by resident citizens can be granted by the City. A hardship shall be determined by the relationship between the previous year's income tax return and the Federal Poverty Guidelines as annually established and published in the Federal Register by the United States Department of Health and Human Services. A hardship shall be deemed to exist when the annual gross income of the household for the previous year is less than the Federal Poverty Guidelines of the cunent year. If an economic hardship exists, the amount paid by the household shall be rebated by the City to the household within a reasonable time after the end of the year within which the fee was paid. SECTION 409.05. ENFORCEMENT Any dispute, including enforcement of a default regarding this Ordinance, shall be resolved in accordance with dispute resolution provisions of each energy supplier's Franchise Agreement. SECTION 409.06. EFFECTIVE DATE This Ordinance shall become effective 60 days after notice enclosing the adopted ordinance has been served on each energy supplier by certified mail. Collection of said fees from customers shall � commence with the beginning cycle of supplier's next full billing month following the expiration of the 60 day period. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK Pub(ic Hearing: July 12, 1999 First Reading: Second Reading: Pub(ication: 25 NANCY J. JORGENSON - MAYOR Memo to: The Nlayor and Council From: William W. Burns, City Manager Date: July 9, 1999 Subject: Franchise Fee Hearing In preparation for Monday's public hearing on the franchise fees Bill Champa and I have identified the following questions. Here are the questions and the answers that I intend to use. If you have other questions that you think I need to address, please let me know. 1. Why do we need it? We need it primarily to balance the General Fund budget. Since 1994, we have been responding to the needs of Fridley residents by providing a variety of new programs and services. These needs are primarily, but not exclusively, those of the most dependent segments of our population, youth and older adults. We have also responded to needs that stem from our position as an older, inner ring suburb with aging housing stock and public infrastructure. As we create these new programs without raising new taates, we have become increasingly dependent on use of our fund balances to balance the budget. The 1999 budget, for example, is supported by $1.3 million in transfers from other funds. Our year 2000 budget provides for more than $1.5 million in these transfers. While we have not always used as much of the transfer as we have budgeted, we have been using substantial amounts of these funds each year. Examples of these new expenditures include those associated with the hiring of three new police officers in 1994, an additional two police officers in 1999 and one new police officer that is to be hired next year. We have also added substantial additional local cost for Project Safety Net, and various youth programs at our newly built Fridley Community Center. Then, there is the cost of operating the Fridley Community Center. There are also significant, unfunded costs associated with our rental inspection program, the maintenance of our highway corridors and with the pick up of storm damaged tree limbs. And the list goes on a to include costs associated with the revision of our comprehensive plan and other mandated costs. In addition to covering new costs, however, we need the franchise fee to offset the impacts of recent changes in property tax rates. We also need them as a supplement to historically flat state aid revenues. In the first instance, our t� capacity in Fridley has dropped by more than twelve percent over the past three legislative sessions as a result of reductions in commerciaUindustrial property tax rates. While we have yet to be severely impacted by these changes due to the State's use of budget surplus to buy down the education levies in our school districts, there is strong potential that in less favorable times, cities will be faced with property tax reductions or, alternatively, high residential property tax increases. In the second instance, state aid revenues, we have over the last five to six years experienced almost no real growth in Local Government Aid or HACA revenues. Since these sources of revenue make up more than 28% of our total General Fund Revenue, this absence of growth coupled with increases in costs, have also served to create the need for the franchise fees. 26 r i The third major reason for the franchise fee is our expectation of future needs. These needs include the need for new fire equipment to accommodate new development and redevelopment in Fridley. There is also a future need for street lighting improvements and continued improvement to Fridley's highway corridor maintenance program as well as a need for additional gymnasium space for both youth and adult recreation programs. While the franchise fees will not buy our response to all of these needs, it will along with what we expect will be improved profits from our liquor operations give us some additionai flexibility to respond to our highest priority needs. 2. What will it cost me? The franchise fee is applied as a user fee for residential utility customers. It will cost them an additional 3%, or about $36 per year for the average consumer of these services. The commerciaUindustrial customer will pay a flat rate for each customer account for which they are billed. The smallest commercial/industrial utility users will pay about $3 per month or roughly the same as the average residential user. The largest commercial/industrial customers will pay a maximum of $300 per month or $3,600 per year. In general, residential customers will pay about 40% of the franchise fees; commercial/industrial customers will pay 60% of the fees. 3. Will seniors and low income residents be required to pay the franchise fee? Yes they will. But, if they fall below federally defined poverty guidelines, they will be eligible to apply for a rebate. 4. I understand that the franchise legislation contains limits or caps for commerciaVindustrial customers, do these limits apply to the company as a whole or to each account ? Since the commercial/industrial customers are assigned a flat fee rather than paying a percentage of the bill, there are limits or caps that�protect smaller users in each category from exorbitant franchise fees. The limits apply to utility accounts and not to the company as a whole. 5. When will the franchise fee go into effect? If the franchise fee legislation is approved according to schedule, the first reading will occur on July 26; the second and final reading would take place on August 9. Since there is a sixty-day waiting period required by our franchises with the two utilities, the fees would go into effect about mid-October. 6. Will the City earmark the money for particular uses? Since the fees are needed primarily to pay for existing programs and services, they should be reserved for General Fund use. By doing this, we should help preserve our fund balances for specific capital improvement needs, such as streets and recreation facilities. Also, as a general rule, I believe that our citizens are best served by maintaining fiznds that can be used to address our needs on a priority basis. If they are earmarked, we become locked into purposes that may not be the highest priority 2 to 3 years from now. 27 7. Will the franchise fees be applied to schools? Yes, they will be applied to public and private schools. I have asked the two utilities to calculate the financial impacts for each of Fridley's public school systems. Those numbers may not be available until Monday evening. 8. Has the City considered cutting expenses as an alternative to imposing the franchise fee? Yes, but we did cut back expenditures by more than $1,000,000 as part of our 1996 budgeting process. Even then, finding cuts was a challenge and subject to considerable controversy. Those who were impacted by service cuts were very vocal in their opposition. If we were to cut back today by a similar amount, it could not be done without cutting services that many people want us to provide. There are no easy targets. In addition to the cutbacks in 1996, we have also sought to maximize our use of grants and we have sought to achieve economies of scale through joint ventures with other cities. Project Safety Net, county-wide police records management, the joint operation of our fire training center and our cooperative Geographic Information System programming with two other cities are examples of these efforts. And, we have sought to contract out services where that contracting out or outsourcing has been cost-effective. Several years ago, we sought private sector quotes for equipment maintenance. In that instance we found that outsourcing would have been considerably more expensive than our current three mechanic operation. In other instances, such as the employment of contract building inspectors, the outsourcing option has been more successful. I would also point out that there are many differences between a private sector and a public sector operation. The City provides services that are needed for the good of everyone rather than products or services that are sold competitively in the marketplace. The need for our services is not market driven and, unlike the private sector, we can not cut operating expenditures simply by eliminating unprofitable products. We also do not enjoy access to the revenue raising and expenditure cutting options that the private sector enjoys. Merger is not a realistic option anymore than moving our operations to Mexico. Moreover, we do not have the freedom to invest in equities and are much more severely restricted than the private sector in how we can raise revenues. I also strongly suspect that we are much more restricted by specialization of our work force than many private sector entities. As talented as he is, sending Bill Champa out to handle . domestic disputes or to operate a backhoe would probably not work 9. Is there a sunset clause in the franchise fee ordinance that would force reconsideration of the ordinance after a given period of time. No, we have not included a sunset clause in this legislation. It seems very likely that the need for this r�venue stream will continue indefinitely. Moreover, Council always has the option to eliminate the franchise fee if they deem it desirable. I believe the record very clearly shows that our Council has been very responsible in its property taxing decisions. Given the record, I think Fridley residents can count on them to eliminate unnecessary taxes in the future. Z8 10. Doesn't the City have substantial fund balances? Why can't these be used rather than the franchise fee revenues? Fridley does have fund balances and we are finally healthy. We also enjoy a Aal bond rating and woald like tc maintain that rating. While we could fill our revenue gap by using fund balances, the fix is a short-term fix that will have serious negative consequences. As we draw down fund balances �ve eliminate our ability to generate interest revenue. We also use up working capital and elirninate money that has been put aside for capital improvement projects, particularly the money reserved for street and parks improvements. Drawing down of fund balances will also affect our bond rating and raise the cost of future borrowing. When the fund balance is gone, we would be faced with the choice of drastic cuts in services or drastic property tax increases. By resolving revenue shortfalls now, we avoid these extremes at a minimal cost to our citizenry. 11. Will you reduce property taxes to offset the impact of franchise fees? If we see that franchise fees are bringing in more than expected or amounts that produce budget surpluses, I would recommend cutting back property t�es rather than eliminating the franchise fees. If we cut back property taxes now, however, we will have failed to address the needs that generated the franchise fees. 12. Why propose the franchise fee rather than property tax increases? The franchise fee is a sales tax and as such will help diversify the City tax base. The franchise fee also has the advantage of being collected from all Fridley property. And, it is less painful in that it is payable in small amounts (about $3 a month for the residential customer). The franchise fee is also somewhat less expensive for the residential property owner than is a property tax increase. 29 �. �� � FRANCHISE FEE COMPARISONS WITH OTHER CITIES (May,1999) C� Blaine Coon Rapids Fridley (Proposed) Minneapolis Mounds View C� Blaine Coon Rapids Fridley (Proposed) Minneapolis Mounds View Percents are of utility's gross revenues. Minne�asco Residential 136% 4% 3% 4.5% 2.5% NSP Residential 1.36% 4% 3% 5% 2.5% ���� Commercial 1.36% 4% 3% 5% 2.5% Commercial 1.36°/a 4% 3% 5% 2.5% Proposed Franchise Fee Summary NORTHERN STATES POWER fVl i N N EGASCO 31 Description of Minnegasco Customer Rate Classifications Residential: Residential customers that use gas for general household purposes in a space occupied as a living unit, such as a single private residence, single flat or apartment with less than five units, fraternity house, sorority house or rooming house. CA Firm A Commercial and industrial customers with gas consumption less than 1,500 therms per year. CA Firm A customers use gas in the conduct of a business enterprise in space occupied and operated for commerce and/or manufacturing, processing, refining, mining or fabricating. C/I Firm B Commercial and industrial customers with gas consumption 1,500 to 4,999 therms per year. C/I Firm B customers use gas in the conduct of a business enterprise in space occupied and operated for commerce and/or manufacturing, processing, refining, mining or fabricating. C/I Firm C Commercial and industrial customers with gas consumption 5,000 therms or more per year. C/I Firm C customers use gas in the conduct of a business enterprise in space occupied and operated for commerce and/or manufacturing, processing, refining, mining or fabricating. Dual Fuel A Commercial and industrial customers with gas consumption less than 120,000 therms per year. In addition, Dual Fuel A customers must maintain adequate standby facilities and have available sufficient fuel supplies to maintain operations during periods of curtailment. Dual Fuel A customers use gas in the conduct of a business enterprise in space occupied and operated for commerce and/or manufacturing, processing, refining, mining or fabricating. Dual Fuel B Commercial and industrial customers with gas consumption 120,000 therms or more per year. In addition, Dual Fuel B customers must maintain adequate standby facilities and have available sufficient fuel supplies to maintain operations during periods of curtailment. Dual Fuel B customers use gas in the conduct of a business enterprise in space occupied and operated for commerce and/or manufacturing, processing, refining, mining or fabricating. LVDF Commercial and industrial customers with gas consumption 2,000 therms or more per day. In addition, Large Volume Dual Fuel customers must maintain adequate standby facilities and have available sufficient fuel supplies to maintain operations during periods of curtailment. Large Volume Dual Fuel customers use gas in the conduct of a business enterprise in space occupied and operated for commerce andlor manufacturing, processing, refining, mining or fabrication. 32 Northern States Power Company Electric Utility Definition of Customer Classifications Residential • Available to any customer for domestic purposes living in a single private residence, multiplex, townhouse, condominium, etc. Includes Standard, Time of Day and Underground rates. Small Commercial & Industrial With No Demand Charge • Available to any nonresidential customer for single or three phase non-demand metered electric service where the maximum monthly demand requirement is less than 25 kilowatts. • Includes Standard and Time of Day rates. Smal[ Commercial & Industrial With Demand Charge Available to any nonresidential customer for single or three phase demand metered etectric service where the maximum,monthly demand requirement is less than 100 kilowatts. Includes Standard, Time of Day and Controlled rates Service voltage depends upon the proximity of the particular customer location to Company facilities supplying alternating current at these voltage levels. Secondary Level single or three phase at 208 volts (V) up to 2,400 V. Primary Level - three phase at 2,400 V up to 69, 000 V. Transmission Transformed Level - three phase from 2,400 V up to 69,000 V where service is provided at NSP's disconnecting device at a distribution substation transformer Transmission Level - three phrase at 69,000 V or higher. Large Commercial & Industrial Witfi Demand Charge • Available to any nonresidential customer for single or three phase demand metered electric service where the maximum monthly demand requirement is 100 or more kilowatts. Includes Standard, Time of Day and Controlled rates. • Service voltage depends upon the proximity of the particular customer location to Company facilities supplying alternating current at these voltage levels: Secondary Level - single or three phase at 208 volts (V) up to 2,400 V. Primary Level - three phase at 2,400 V up to 69, 000 V. Transmission Transformed Level - three phase from 2,400 V up to 69,000 V where service is provided at NSP's disconnecting device at a distribution substation transformer. Transmission Level - three phrase at 69, 000 V or higher 33 Public Street & Hi�hway Lightin,� Available for year-round illumination of public streets, parkways and highways. Customers are billed through multiple service accounts which include one or more individual lamps by type or installation date. Sales to Public Authorities (Municipals) With No Demand Char�e Available to municipal owned water works and municipal sewage systems, for operation of pumping and treatment plants, for single or three phase non-demand metered electric service, where the maximum monthly demand requirement is less than 25 kilowatts. Sales to Public Authorities (Municipals) With Demand Char�e Available to municipal owned water works and municipal sewage systems, for operation of pumping and treatment p(ants, for single OF three phase demand metered electric service. Service voltage depends upon the Proximity of the particular customer location to Company facilities supplying alternating current at these voltage levels: Secondary Level - single or three phase at 208 volts (V) up to 2,400 V. Primary Level - three phase at 2,400 V up to 69,000 V. 34 � AGENDA ITEM ` CITY COUNCIL MEETING OF JULY 12, 1999 CRY OF FRIDLEY INFORMAL STATUS REPORTS 35