The URL can be used to link to this page

Home My WebLink AboutCCAgenda_93Apr14 City of Falcon Heights AGENDA Regular Meeting of the City Council April 14, 1993 I. CALL TO ORDER: 7 p.m CIERNIA GEHRZ GIBSON TALBOT II. BALDWIN HOYT ATTORNEY JACOBS CHENOWETH ENGINEER III. COMMUNITY FORUM IV. APPROVAL OF MINUTES: March 24, 1993 V. PUBLIC HEARING: None VI. CONSENT AGENDA: C -1. Disbursements 9 (a) General Disbursements through /3 31 3, $27,995.93 /9 (b) Payroll, 3/16/93 3 application C -2. Larp enteur a pP Avenue pathway ISTEA funding C -3. Sale of old fax machine C-4. Consider purchase of one base radio and 3 mobile radio units for Public Works Dept. C -5. Licenses C -6. Schedule April 24th Workshop VII. POLICY AGENDA: cost to be assessed and P-1. Proposed Resolution declaring osed assessments for ordering the preparation of prop the 1993 street improvement project. ACTION: P -2. Proposed Resolution calling for a hearing on the proposed assessments for the 1993 street improvement. ACTION: P-3. proposed Resolution awarding the sale of $1,075,000 G.O. Improvement Bonds for 1993 street improvements. ACTION: P -4. Forester's report for 1992. ACTION: Page 2 VIII. INFORMATION AND ANNOUNCEMENTS: I -1. Planning Commission Minutes of January 25, 1993 I -2. Planning Commission Minutes of February 22, 1993 IX. ADJOURNMENT PROPOSED CHANGES THE AGENDA FOR 14 APRIL 1993 DELETE C 3 FROM THE CONSENT AGENDA State statute prohibits 'ts the sale of city merchandise to a without following a closed bidding or city employee wit f the city c procedure. Therefore, advertised noticep machine to the fire chief. sell the old fax n ADOPT ADDENDUM C 7 (see attached) Arbor Day to plant on boulevards Purchase of trees for Arb y in lan. and in Curtiss Field according to the landscaping p Meeting Date: 4/14/93 Agenda Item: C 7 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Authorize purchase of 18 trees for 1993 spring planting SUBMITTED BY: Vince Wright, Public Works Dept. Shirley Chenoweth, City Clerk REVIEWED BY: EXPLANATION /SUMMARY: Eleven of the eighteen trees are for boulevard tree replacement, seven are for landscaping at Curtiss Field. Four quotes were received as follows: Noble Nursery $1,256.70 Margolis Bros. $1,297.39 TreeMendous, Inc. $1,570.88 Minnesota Valley Nursery $1,755.00 All quotes includes sales tax and delivery. Due to the superior quality of trees provided by Margolis Brothers in the past, staff is recommending purchasing the trees from Margolis Bros. at a cost of $1,297.39. The seven park trees will be funded from the Curtiss Field landscaping fund ($482.21) and the eleven replacement trees from the tree program budget ($815.18). ACTION REQUESTED: Authorize purchase of 18 trees from Margolis Bros. at a cost of $1,297.39. ti h 9 MINUTES c t '4d 4; e REGULAR CITY COUNCIL x lA MEET MARCH 24, 1993 MEETING Baldwin convened the meeting at 7:00 p.m, ALL MEMBERS PRESENT Baldwin, Ciernia, Gehrz, were Bachman Gibson Talbot and Jacobs. Also present Chenoweth and Hoyt. MINUTES OF 3/10/93 APPROVED Council approved unanimous consentthe Minutes of March 10, 1993 as corrected, b CONSENT AGENDA APPROVED Councnt: il approved the following Consent A C onse Benda by unanimous 1. Disbursements a. sbu General Dirs b. G ll, sbu through 3/15/93 2. Authorizing purchase of /15/93 $$11,374,83 $99338.00 Deskjet 500 and Okidata 321 at a total cost of printers (Hewlett Packard and a H/5 310 Inkjet $881. 3 Plain paper FAX $881.82 3. A at a cost of Approval of new ambulance rates 4. Proclaiming May Arbor Day a as Arbor eig Month and May 18, 1993 5 Denial of in Falcon Heights variance request as 1427 W Ida to eorequest from Mr. rear yard, an eight and Mrs. Ray King, 6, ght foot fence in their License #2004, Twin City Tree Service PRESENTATION OF FIRE DEPARTMENT BLOODBORNE E PATHOGEN POLICY Resc Rescue Captain Ross Berndt who was instrumental Y explained that rolicy explained laws the policy is mandated by in drafting the be ed the governing the need for the Y policy He briefly being implemented e in Falcon Heights, indicated and how it is Fire/Rescue the Department has followed basica the the t past and implementing the program would the s a g am would not be procedure APPROVAL OF 1993 OPEN SUMMER Problem, PROGRAM RECREATION PROGRAM AS A PILOT Parks and Recreation Di open t rector Carol Kriegler explained that an Ype program had been held at Curtiss Field 1992 and was well received, in the summer 19 now and was well The Park and Recreation Commission is proposing a new summer program based on an "open play" r' a K N i s kii MINUTES MARCH 24, 1993 PAGE 2 concept. The program would be held from 1:00 to 3:00 p.m., Monday through Thursday for seven weeks. The Commission felt that this type of program would provide for supervised but non- competitive play where children can come on a drop -in basis. Council agreed with the concept, however had a lengthy discussion relating to funding alternatives, such as a fee for service charge, no charge, or possibllyilyan opportunity for voluntary donations. Following this discussion Gehrz moved endorsement of the concept of staffing the Community Park and Curtiss Field Park for 2 hours per day for up to 7 weeks during the summer of 1993 at a cost of apprxomately $1,600.00 with no direct charge for service this year with the condition that opportunities be provided for volunteer contributions, and with the understanding that an acceptable method of funding will be established if the program is to be continued in the future. Motion carried unanimously. ADMINISTRATOR TO DISCUSS FINANCING TERMS WITH CITY OF LAUDERDALE FOR LAUDERDALE'S SHARE OF 1993 STREET PROJECT COSTS Hoyt explained that she and the city engineer have met with Lauderdale officials regarding that city's share of the cost of the reconstruction of Fulham Street. Since Lauderdale has not budgeted for the estimated cost of $26,050.00, it is being recommended that the city administrators meet to determine a way in which Lauderdale might pay for the project without a lump sum payment in 1993. After a brief discussion Council authorized the administator to meet with the Lauderdale administrator to develop financing terms for the Lauderdale share of costs for the 1993 street project. PROPOSED ORDINANCE ESTABLISHNG A DEVELOPMENT MORATORIUM ON THE CITY'S COMMERCIAL ZONING DISTRICTS Hoyt presented the proposed ordinance which would freeze the city's commercial zoning districts as they now are to facilitate continuation of the study of the city's commercial zoning codes. The study, which has been in progress since October of 1992 is being conducted by the city's planning commission and the Hoisington Group, Inc. Attorney Bachman informed Council that it is very typical to implement this type of freeze until the study is completed, and that such action is in compliance with state statute. Jacobs moved adoption of Ordinance 0 -93 -01 which carried unanimously. ORDINANCE 0 -93 -01 AN INTERIM ORDINANCE ESTABLISHING A DEVELOPMENT MORATORIUM ON THE CITY'S COMMERCIAL ZONING PROVISIONS, AMENDING CH. 5,PART 15 OF THE EXISTING CITY CODE AND CH. 5, SECTION 5 OF THE PROPOSED CITY CODE J x W 0,a4 MINUTES MARVCH 24, 1993 PAGE 3 PROPOSED RECODIFICATION OF CITY CODE APPROVED Baldwin presented for council consideration the proposed recodification of the city code which represents an updated and revised edition of the municipal code which was adopted December 24, 1984. Attorney Bachman stressed that only Chapters 1 through 8 of the code have been included in this revision and Chapter 9, the Zoning section of the code, is not being amended and will remain as is. Following a brief discussion Gibson Talbot moved adoption of Ordinance 0 -93 -02 which carried unanimously. ORDINANCE 0 -93 -02 AN ORDINANCE ADOPTING A RECODIFICATION OF ORDINANCES TO BE KNOWN AS THE FALCON HEIGHTS CITY CODE ADJOURNMENT The meeting was adjourned at 8:14 p.m. Tom Baldwin, Mayor ATTEST: Shirley Chenoweth, City Clerk Q.:«::<:>:»;:;:>:;:<« Meeting Date: 4/14/93 Agenda Item: C -1 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Disbursements SUBMITTED BY: To Kelly, Financial Director I REVIEWED BY: EXPLANATION /SUMMARY: $27�gg5.93 a General Disbursements through 3/31/93, b. Payroll, 3/16/9 3/31/93, $10,516.20 ACTION REQUESTED: Approval VENDOR NAME DESCRIPTION AMOUNT BROWNING —FERRIS IND MARCH RUBBISH REMOvAL 138.45 GOOD WILL SPECIALTY BALLONS BUTTONS VOL. 43.40 INSTY—PRINTS PRINT REC FLYER 243.66 I LEAGUE OF PIN CITI ES LPIC RECE P1 I 01‘.I 25. 00 LEONIFIRD, STREET D LEGAL SERV I CE THRLI 3/15 392. 60 m nwEsT BUSINESS PR t4I SC OFF- ICE SUPPL ES PAPER Si-fREDI)ER 159. 46 3 NSP STREET LIGHTS i NELSON'S CHEESE FAC FOOD FOR VOLUNTEER EVENT 111.74 F(FiPISEY COUNTY AUDI T I NFO MARCH HEf:II.-TH BENI F I TS „s, 4 .1_ slarzlv L. 1 PLf<IUD END D-18 1 SYSTEM DATE 03/30/93 I I CHECK REGISTER E v L C7ThECK CHECK EMPLOYEE NA IF CHECK CHECK 1. TYPE DATE NU1Y1BER NILIFML R 13 0 3 30 93 1 BALDWIN, THOMAS &.'1164 300.31 6 SUN 2'1165 771o5 11 7 H 1 C) 3 30 93 C I EFRNI A. PAUL 21166 2,27. 05 H 0 3 30 93 8 JACOBS. S.,-IM 21187 277.05 7 0 3 30 93 10 JAN 01 T4Egt17 1' 2 ifES 1 05 0 3 30 93 30 BAUMANN, NICHOLAS 21169 47.24 1 0 3 30 93 31 BERNDT, ROSS 21170 43.00 0 32 30 93 3 30 93 C) 33 H0LMGHEN, J0H,I\I SR. 21172 t 35. 00 1 I 11 0 3 30 93 34 KURHAJETZ, CLEMENT 21173 1 0 3 30 '4 35 LIND 113, cilis tu p, ;=1.174 262. 57 1 14 0 3 30 93 36 SLHAUFFER T, 21175 135.00 3 30 93 115 0 38 MORGAN, JAY 21176 18.34 49 LeMAY, DJUS 1 0 3 30 93 1001 CHEMUWETH, S1-LE( 2 1160 17 :9F 0 3 30 93 1002 TAF SUSt-INI HOYT 2111 I 29L. Ot. 1003 IVERSOT.I, -TERRY 1182 890.4S 2C C 3 30 53 1004 KELLY, THOMAS 21183 1131.24 1 ,2 0 3 30 93 1005 KR IEGLER, CAROL 21 184 493.40 F2:1-----------i.--)---- 3 75 7 _1 33 1 moRGANr. j-i--ff 21 645. 6 0 3 30 93 1007 PHI-LIPS, PATRICIA 21 186 733. 7 7 1 0 3 30 93 1008 SAENSON. DELORIS 21187 667.43 .2-. 0 3 30 V3 1 WRIGHT, VINCEN r ..trri 86 9;_=3:, 61 i i 7 1 C c 3 3 3 k.. 0 93 1 T LINDA :1 11 1 ,16q9 7 1' 7 :9 5 =8:: 4 7 5 6 J 2 i I 0 3 30 93 1085 i ANAHA L SMITH J- .30 1 31 32 10516. 20 341 351 aim I 38, 39' 40 41 1 42 43 ,04 4-'5'.:1 1 461 471 48, .•0 52 521 154 .g- 56 1 on :n `Q s :......Con `on ............:wz s e n t...... Meeting Date: 4/14/93 Agenda Item: C -2 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Larpenteur Avenue Pathway ISTEA Funding Application SUBMITTED BY: Carol Kriegler, Parks Recreation Director REVIEWED BY: EXPLANATION /SUMMARY: The Intermodel Surface Transportation Efficiency Act (ISTEA) has appropriated 7 million dollars in enhancement funds for Minnesota projects to be completed by year -end 1994. The program provides funding for up to 80% of the total project expenditures. Funds are available in 3 categories; (1) pedestrian and bicycle, (2) historic and (3) scenic and environmental. Staff recommends that funding be sought for an 8 foot wide bituminous surface bicycle /pedestrian pathway along the south side of Larpenteur Avenue between Coffman and Snelling. This is a very competitive program, but worth an application. 4:01 ACTION REQUESTED: Authorization to apply for ISTEA funds for a Larpenteur Avenue bicycle /pedestrian pathway o .nt o e Consent ones Consent :qmsentm gonsenV otinsent Meeting Date: 4/14/93 Agenda Item: C 3 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Sale of old fax machine SUBMITTED BY: Tom Kelly, Finance Director REVIEWED BY: EXPLANATION /SUMMARY: Leo Lindig of Care Heating and Air Conditioning, has offered to buy the city's old Sharp FO -420 thermo fax machine "as is" for $100. The city has no use for this machine since the purchase of the plain paper fax. The old fax is still functioning and Leo feels it is more than adequate for his company's use. ACTION REQUESTED: Approval of sale of old Sharp FO -420 fax machine to Care Heating and Air Conditioning for $100.00. y f£ i::::.: 3r »:::::r;y; is Q Meeting Date: 4/14/93 Agenda Item: C -4 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Consider purchase of one base radio and 3 mobile radio units for Public Works Dept. SUBMITTED BY: Vince Wright, Public Works Director REVIEWED BY: Susan Hoyt, City Administrator EXPLANATION /SUMMARY: The public works and fire prevention packset radios are all six years old and the table radio is over 10 years old and experiencing alot of static and disrepair. They are also outdated. The radios are used several times a day to communicate messages from the office staff to the field. They are heavily used throughout the spring, summer and autumn months when alot of outdoor work is done and residents call city hall with requests. This summer the street projects will require even more on -site communication between the staff and public works crew. Staff recommends the purchase of the Richard Peterson Contact Communications for $3,125.00. This is not the lowest priced set, but it provides more flexibility entering and deleting channels which eliminates noise interference and may be an option for a remote telephone in the future. Several radio companies said the current set had no trade -in or resale value. The public works capital budget includes $6,000 for new radios. E. F. Johnson $3,150.57 Richard Peterson Contact Communications $3,125.00 Johnson Communications $2,741.50 ATTACHMENT: Detailed cost breakdown ACTION REQUESTED: Approve purchase of one base radio and three mobile radio units, with accessories, from Richard Peterson Contact Communications at a cost of $3,125.00. n e E. F. JOHNSON COMMUNICATIONS SYSTEMS 1 Base Radio, E.F. Johnson #7165 Desktop radio, 40 watt, VHF, 20 channels $749.00 3 #595 handheld radio, 5 watt, VHF, Scorpion handheld 16 channels synthesized, heavy duty battery and desktop charger $566 ea. $1,698.00 Options: 3 #587 5900 -002 Battery $65 ea. $195.00 3 Leather case $40 ea. 120.00 3 Leather belt loop $12 ea. 36.00 Programming and setup 135.00 Freight 25.00 $511.00 $2,958.00 TAX: 192.27 TOTAL: $3,150.27 RICHARD PETERSON CONTACT COMMUNICATIONS 1 Base Radio Uniden FMH 350 desktop, 35 watt, VHF 36 channels scan with desktop microphone $495.00 3 Kenwood TK -240 -D handheld radio, VHF, 5 watt programmable 24 channel with scan $1,410.00 3 Battery $85 ea. 255.00 3 Desktop charger $115 ea. 345.00 600.00 Options: 3 Keypad $100 ea. $300.00 3 Leather cases $43 ea. 129.00 429.00 $2,934.00 TAX: 191.00 TOTAL: $3,125.00 JOHNSON COMMUNICATIONS 1 GX 2000 Standard desktop base radio, microphone, 18 channels, 35 watt, VHF $644.00 3 Standard HX240 handheld radio 16 channels, synthesized 5 watt 3 Battery 3 Charger $1,338.00 Options 3 Heavy duty battery $92 ea. $276.00 3 Leather case $52 ea. 156.00 Programming and setup 135.00 Freight charge 25.00 592.00 $2,574.00 TAX: 167.50 TOTAL: $2,741.50 Meeting Date: 4/14/93 Agenda Item: C -5 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Licenses (SEE NOTE BELOW) SUBMITTED BY: Shirley Chenoweth, City Clerk CORPORATE Any Olde Time Antiques #2 Edward D. Jones Company #2 First Chiropractic #20 Traditional Antiques #20 GENERAL CONTRACTOR Zeman Construction #20 TREE TRIMMING /REMOVAL T W Company #20 Denny's Roofing #2010 EXPLANATION /SUMMARY: business licenses In view of the moratorium limiting issuance of code, staff has to only "permitted uses" listed in the zoning been very cautious to ensure that the moratorium is strictly enforced. The city attorney has recommended that during the period of the moratorium all applicants for municipal business licenses be required to provide a statement regarding usae. The violation of any other use under this license would constitute the moratorium resulting in revocation of the license. ACTION REQUESTED: Approval of licenses Meeting Date: 4/14/93 Agenda Item: C -6 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Schedule April 24th Workshop SUBMITTED BY: Susan Hoyt, City Administrator REVIEWED BY: EXPLANATION /SUMMARY: A workshop is planned for: Saturday, April 24, 1993 8:30 10:30 A.M. The purpose of the workshop will be to have an informal discussion on city activities and budget. ACTION REQUESTED: Schedule April 24th workshop 22221:;:;<':::: ;:�;r' ^•';<j:� ::::::::::::::::`Y'�.: ;:::r ?::t r�::s %;j:::;::::::::;`' •.:..mss Meeting Date: 4/14/93 Agenda Item: P-1 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION be ITEM DESCRIPTION: Proposed resolution declaring cost ti to to b assessed and ordering the p P proposed assessments for the 1993 street project. William Westerberg, City Engineer SUBMITTED BY: Shirley Chenoweth, City Clerk EXPLANATION /SUNM y: The next step necessary to move forward with the proposed 1993 street improvement project is to adopt Resolution R- 93 -20. The resolution is basede on the sassessaeetfor policy as amended March 10, 1993 reducing residential properties from 50% to 40 Amounts will be inserted in Resolution following council decision. ATTACHMENTS: A. Memo from ed Resolution R-93-20 B. Proop 20 5 e_._.-- x ACTION REQUESTED: Adopt Resolution R -93 -20 CONSULTING ENGINEERS Maier Stewart Associates Inc. April 8, 1993 File: 330 028 -20 Ms. Susan Hoyt City Administrator City of Falcon Heights 2077 Larpenteur Avenue West Falcon Heights, MN 55113 RE: 1993 STREET IMPROVEMENTS Dear Ms. Hoyt: On April 6, 1993, bids were received for the 1993 Street Improvement project. There were eight bidders on the project with F. M. Frattalone Excavating and Grading, Inc., the low bidder at $879,018.75. After reviewing the bids, we have determined that the assessment rates will not change from those provided at the public hearing regarding streets, overlay, sidewalk, and storm sewer. Our review of the low bid indicates, however, that the unit prices for watermain and sanitary sewer are higher than commonly found for similar type work. We will be meeting with F. M. Frattalone Excavating and Grading, Inc., to discuss these costs. Following this meeting, further information will be provided to you by separate letter. We will be prepared to discuss the bid and answer any questions you may have at the April 14, 1993, City Council meeting. The next step in the project schedule is to order preparation of the assessment roll and set the assessment hearing date. Please find enclosed the following resolutions for Council consideration: 1. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment. 2. Resolution for Hearing on Proposed Assessment. We recommend that the public hearing be scheduled for the May 12, 1993, City Council meeting. If you have any questions or require further information, please call. Sincerely, MAIER STEWART ASSOCIATES, INC. UtWeilk William K. Westerberg, P.E. WKW:tp Enclosures 1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612 774 -6021 9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612 546 -0432 Equal Opportunity Employer 028- 0904.apr RESOLUTION 93 20 A RESOLUTION OF THE CITY OF FALCON HEIGHTS RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT WHEREAS, a contract has been let (costs have been determined) for the improvement of the following streets: Fulham Street from Hoyt Avenue to Folwell Avenue Vincent Street from Hoyt Avenue to Folwell Avenue Northrop Street from Hoyt Avenue to Folwell Avenue Burton Street from Hoyt Avenue to Folwell Avenue Coffman Street from Hoyt Avenue to Folwell Avenue Folwell Avenue from Fulham Street to Hoyt Avenue Autumn Street from Roselawn Avenue to Prior Avenue Prior Avenue from Roselawn Avenue to Summer Street Summer Street from Moore Avenue to Howell Avenue Hoyt Avenue from Fulham Street to Folwell Avenue by street reconstruction or overlay, sidewalk construction, and storm drainage improvements, and the contract (bid) price for such improvement is $879,018.75, and the expenses incurred or to be incurred in the making of such improvement amount to so that the total cost of the improvement will be NOW, THEREFORE, BE IT RESOLVED by the City Council of Falcon Heights, Minnesota: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be and the portion of the cost to be assessed against benefited property owners is declared to be $350,000. 2. The City Clerk, with the assistance of the Consulting City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the City office for public inspection. 028- 0806.APR 3. The Clerk shall, upon completion of such proposed assessment, notify the Council thereof. Adopted by the Council this day of 19_. Mayor ATTEST: City Clerk 028- 0806.APR Meeting Date: 4/14/93 Agenda Item: P -2 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Proposed resolution calling for a hearing on the proposed assessment for the 1993 street improvement project SUBMITTED BY: William Westerberg, City Engineer Shirley Chenoweth, City Clerk EXPLANATION /SUMMARY: In order to proceed with the 1993 street improvement project it is necessary to schedule the public hearing. Staff recommends that the hearing be scheduled for May 12, 1993 which would allow adequate time to prepare and publish /mail the required notices. ATTACHMENTS: A. Proposed Resolution R -93 -21 ACTION REQUESTED: Adoption of Resolution R -93 -21 scheduling the Public Hearing on the 1993 Street Improvement Project for May 12, 1993 at 7 p.m. f- 0 A RESOLUTION 93 -21 A RESOLUTION OF THE CITY OF FALCON HEIGHTS RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT WHEREAS, by a resolution passed by the Council on April 14, 1993, the City Clerk was directed to prepare a proposed assessment of the cost of improving the following streets: Fulham Street from Hoyt Avenue to Folwell Avenue Vincent Street from Hoyt Avenue to Folwell Avenue Northrop Street from Hoyt Avenue to Folwell Avenue Burton Street from Hoyt Avenue to Folwell Avenue Coffman Street from Hoyt Avenue to Folwell Avenue Folwell Avenue from Fulham Street to Hoyt Avenue Autumn Street from Roselawn Avenue to Prior Avenue Prior Avenue from Roselawn Avenue to Summer Street Summer Street from Moore Avenue to Howell Avenue Hoyt Avenue from Fulham Street to Folwell Avenue by street reconstruction or overlay, sidewalk construction, and storm drainage improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of Falcon Heights, Minnesota: 1. A hearing shall be held on the 12th day of May, in the City Hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the prposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 028- 0806.APR Adopted by the Council this day of 19_. Mayor ATTEST: City Clerk 028- 0806.APR Meeting Date: 4/14/93 Agenda Item: P -3 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Consideration of bids for $1,075,000 General Obligation Improvement Bonds, Series 1993 SUBMITTED BY: Steve Apfelbacher, Financial Consultant Shirley Chenoweth, City Clerk REVIEWED BY: EXPLANATION /SUMMARY: These G.O. improvement bonds authorized by Resolution R -93 -19 and adopted March 10, 1993, are in conjunction with the proposed 1993 street improvement project. The bid opening is scheduled for 11:00 A.M., Wednesday, April 14, 1993 and bids will be available at the April 14, 1993 council meeting for city council consideration. ATTACHMENT: A. Proposed Resolution R -93 -22 ACTION REQUESTED: Adoption of Resolution awarding the bid for $1,075,000 G.O. Improvement Bonds, Series 1993. F o R 08 '93 11 :5 A EFLERS ASSOCIATES P.2/23 CE TI ICA11ON OF MINUTES RELA1ING TO GENERAL OBLIGATION Ev1PROVEMENT BONDS, SERIES 1993 Issuer: City of Falcon Heights, Minnesota Governer y City Council 14, 1993, at Kind, date, tan�►e and place of meeting: A regular meeting held on April 7:O0 o'clock P.M., at the City Hail. Mernbas resent: Members absent Doctunents attached: Minutes of said meeting (including): RESOLUTION NO. RESOLUTION RELATING TO S1A75,000 GENERAL OBLIGATION IMPROVEMENT T BONDS, SERIES 1993; AWARDING THE SALE, F'DCYNG TIIE FORM AND DETAILS AND PROVIDING 1OR'THE EXECUTION AND DELIVERY FOR AND LEVYING'' AD THEREOF AND S �THE PAYMENT THEREOF I, the VALOREM 'TAXES qualified and acting recording undersigned, Ong the duly 4 the obligations referred to in the title of this certificate, t public corporation issuing is i attached hereto, as described above, have been carefully compared with the origin that the a records of the corporation in my legal custody, from which they have been transcribed; that the documents are a c d ect and plete transcript of the ntnutes of a meeting of the governing by of the ta m, and correct and complete copies of all resolutions and other actions taken and of all is relate to the obligations; roved by the governing body at the meeting, insofar as they coins; and that the meeting was duly held by the was throughout by the members body at the time and place d indicated. above, pursuant to call wrrNEss my hand officially as such recording o finer this day of April, 1993. Shirley G. Chenoweth, City Clerk APR 08 93 11 52A11 EHLERS ASSOC IATES P. 3.x23 It was reported that sealed bids for the purchase of the $1,075,000 General Obligation bnprovement Bonds, Series 1993 of the City (the "Bonds") in accordance with the Terms and Conditions of Sale for the Bands. The bids have been opt read and tabulated, and the terms of each were found d to be as follows: Edda p.udna Price ilMOt R ata e Int2rr t APR eB '93 11.53AM R ASSOCIATES P.423 ember then introduced the Couricilm following resolution and moved its adoption: RESOLUTION NO. TiNG TO $1,075,00 0 GENERAL RESOLUTION IMLA FORM AND 1�E"TAILS OBLIGATION IMPROVEMENT EONDS, SERIES AWARDING THE SALE, EDUNG T A DELIVERY A 1 OF AND PROVIDING SECURITY ND LEVYING AD �C]F AND VALOREM TAXES FOR THE PAYMENT 'THEREOF BE 1'T RESOLVED by the City Council of the city of Falcon Heights, Minnesota (the City), as follows: Section 1. Reci s sr' ,ti in an Sal rids. 1.01. AAthori a LAze. This Council has heretofore ordered a local improvement project designated as the 1993 Street total pursuant to Minnesota 'Improvement) to be CC?riS�Ucwithin W1th� the cost Improvement is &9 Statutes, Chapter 429. The present estimated +'i`i' follows: 13,40 2 Estimated Project Costs $1,013 Costs of Issuance 10, Discount Allowance Capitalized Interest $1082,540 Subtotal 5+10} Less: Interest Eaniztgs Total determines to issue and sell $1,075,000 principal amount of This Council hereby ement Bonds, dries 1993. of the City (the Bonds) to defray e r Obligation incurred lx and estimated to be incurred by the in snaking the d the ex item of cost of the kinds authorized in Minnesota Innp�roveinent, including every interest as prided in Statutes, Section 475.65, and representing ed Ehlers and provided in r4inneso� Statutes, Section 47556. The City issuance of the to act as financial advisor to the City in connection wi h the without meeting the determined to sell the Bonds Bonds, and it is hereby Section 475.60, subdivision 1, pursuant to the e requirements as to public salsas Minnesota contained clause t9) of Minnesota Statutes, Section 475.60, subdivision 2. The Ci has received sealed bids for the 1.02. �1� has is that of pvxdtase of the Bonds. The most favorable propel .ter- APR 06 93 11 a 53AM EHLERS &ASSOCIATES P.5/23 (the r Bonds to bear P r), to purchase the Bonds at a price of and to be Su Bo d the further forth in Section 3.01 hereof 1S hereby accepted, her interest ea at rates ution. The propo and cornndi�► set forth in this R+esal authorized and directed to execute a and the Mayor and the City Clerk are hereby asst. The contract on the part of the City for the sale of the Bonds with good faith checks of the unsuccessful bidders small be returned 1.03. Per All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota performed d to be done, to exist, to happen and to be precedent to and in the of the Bonds having been done, existing, and having been of performed, it is rta+vv necessary for this the Bonds forth the B to provide security therefor and �t��_iritip,$ of Bon The Council. hereby finds that the maturities T. D4. the antidpated collections of special of the Bonds as set forth in Section and 3.01 ad valorem taxes levied and to be levied for l moments the payment of the Bonds as provided in Section 4 hereof. Section 2. The Bonds shall be prepared in substantially the following form: -5- APR 08 '93 11: 53AM Et IATES P.6/23 23 UNTrED STATES of AMERICA STATE OF M1NNE9DTA COUNTY O� CTTY OF FALCON HEIGHTS GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1993 Date of inters mate 111.10MIIV OrightA e OnIE May 1, 1993 SEE REVERSE FOR CERTAIN DEFINITIONS REGISTERED OWNER. DOLLARS AMOUNT: County, Minnes�a (the THE C,IT �t OF FALCON HEIGHTS, Ramsey ived, hereby promises to y itself to be indebted and, for value rece' pay acknowledges registered assig s principal the registered owner named above, or above, with est thereon specified above, on the maturity date sp ecified d interest from issue sj fied above, any most recent annual date of which issue been paid provided for, t 1 in each t date to which interest an, February 1 and Au�us rate payment above. Interest hereon is payai' name this Bond is commencing February 1, 1994, to the pew in whose not a business day) of y' of business on the 15th day (whether to hereon with i t h e i nane at ia#elY p the close month, all subject to the provisions referred The w respect of the principal of this Bond before maturity. at the office of the City iter st her 'the and, upon pr presentation and surrender Transfer interest hereon and, Minnesota, as Bond Registrar, Paying Agent in (the Ban Heights, Registrar), or its successor designated under the Resolution Agent tth Bid s principal hereof, are payable in lawful money of the United Sid herein, or draft of the may, or the Bond Registrar if a successor to t tas by has been designated under the Resolution described as thee City y C 3,exk herein. This Bond is one of an issue in the a ggregate prinapal amount of $1,075,000 (the Bonds), issued pursuartt #io a resolution adopted by the City Council -3- APR 09 '93 11 a 54RM EHLERS ASSOCIATES P. 7/23 cation), for the purpose of financing the costs of an on April 14, 1993 (the overnent), and is issued pursuant to and in full improvement with the Croy (the Pr e of and 475. c�tY with the provisions of the Constitution and Statutes, Chapters Minnesota into enabling. including frv� 1993 Improvement Bond Fund (the The Bonds are payable primarily from of the prh►c►p� and Fund) the City. In as the same become due, prompt �ull faith, credit and taxing power of interest h the Bonds irrevocably Bonds are issuable o f City have been and are hetebY only as fully registered bonds in denominations of $5,000 or any multipte thereof, of s maturities. Bonds in the years 1995 through 1999 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in 2000 and later years are each subject to redemption of the City and in whole or in part, and if in part, in prepayment, at the option of selected by lot within a maturity, o inverse order of maturities and in $5,44U at a price equal to the cal February '1,1999 and on any pal lintOUllt thereof to be redeemed plus accrued interest to the date of or to the date set for redemption of any Bond, redemption- At least thirty days prl notice of the call for redemption will be mailed to the Bond Registrar and to the of each Bond to be redeemed at his address appearing in the Bond registered owner ve such mailed notice of redemption shall Register, but no defect in or failure to give of any Bond. Upon the partial proceedings the redempti Y affect the validity of p Ss redemption of any Bond, a new Bond or Bonds will be delivered. to the registered owner without charge, representing the remaining principal amount outstanding. The Bonds have been designated by the City as "qualified tax-exempt obligations" pursuant to Section 265(b) of the Internal Revenue Code of 1986, as aznended. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond R. trar• by the registered owner hereof in person or by his surrender hereof together with a written attorney duly authorized in executed by the instrument of transfer satisfactory to the Bond Registr, duly ex ec u ted bye for Bonds reegist registered owner or his attorney; and may also be surrendered of other authorized denomina Lions. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of principal transferee s owner, of the same aggregate pr amount, bearing to reimbursement for any tax, fee or and maturing on the same date, paid with respect to such transfer or exchange. governmental charge The City and the Bond Registrar may deem and treat the person this whose name this Bond is register as the absolute owner hereof, whether -4r APR 08 '93 1i :54AM EHLERS ASSOCIATES P.8/23 of receiving payment and for all other purposes, overdue and neither the City n Bond Registrar shall be affected by any notice re os �s to the contrary. IT IS HEREBY CERTIFIED, RECIIEL), COVENANM AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be peerformied precedent to and in the issuance of this Bond in order to make this Bond been done, and bi general obligation of the City according to required; that happened and have been performmed in regular and due form as so rntsits pax to the issuance hereof the City has levied or agreed to levy special as,ss on property specially benefited by the Improvement and ad valorem taxes n all taxable property in the City, collectable in the years and amounts required to produce sums not less than 5% in excess of the principal of and interest on the Bonds as such vel become due, and has appropriated the same to the prindpai and interest respectively 429.091, Subdivision 4; Fund in the manner specified in Minnesota Statutes, Section 41 the Foul, that, to take care of any accumulated or anticipated deficiency u additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance o tun'a�a1 or this Bond does not cause the indebtedness of the City to exceed any statutory limitation. This Ikrnd shall not be valid or become obligatory r eery p u es or be entitled to any security or benefit under the Resolution Bond Registrar ca by the Authentication hereon shall have been executed by manual signature of a person authorized to sign on its behalf. IN WITNESS WOOF, the City of Falcon Heights, Ramsey County, Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the Mayor and the City Clerk and has caused this Bond to be dated as of the date set forth below. Date of Authentication: City Clerk Mayor -5- APR 06 '93 11 a 55, *1 EHLERS ASSOCIATES P.9/23 23 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Qty Clerk, as Bond Registrar The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM as tenants UNIF TRANS MIN ACT Custodian in common (Cust) (Minor) TEN ENT as tenants by the entireties under Uniform Transfers to }T TEN as joint tenants Minors with right of survivorship and Act not as tenants in (State) common Additional abbreviations may also be used. -6- APR 08 '93 11 :55AM EHLERS ASSOCIATES P.10/23 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the boaks kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER. IDI NTIFYILNIG NUMBER NOTICE: The signature(s) to OF ASSIGNEE: this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, J without alteration, enlargement or any change whatsoever. Signature(s) must be guaranteed by a commercial bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. Section 3. Bond Terms. Execution and Delivery. 3.01. ',futurities TnterestRates�De abort Fpymant Usti of Ponds. The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation bnprovement Bonds, Series 1993" and shall be payable primarily from the 1993 General Obligation Improvement Bond Fund of the City created in Section 4.02. The Bonds shall be dated as of May 1, 1993, skull be issnable in the denominations of $5,000 or any Integral multiple thereof, shall mature on February 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from May 1, 1993 until paid or duly called for redemption at the rates per azutum set forth opposite such years and amounts, respectively: -7- APR 08 '93 11: 55141 EI -LERS ASSOCIATES P.11'23 Amount l_ Ye_ Amount ate 1595 90,000 2000 $110,000 1996 95,000 2001 115,000 1997 95,000 2002 115,000 1998 100,000 2003 120,000 1999 105,000 2004 130,000 The Bonds shall be issuable only in fully registered form, of single maturities. The interest thereon and, upon surrender of each Bond at the papal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar. Each Bond shall be dated by the Registrar as of the date of its authentication. 3.02. 'test Payment Dates. Interest on the Bonds shall be payable on February 1 and August 1 in each year, comvnencing February 1,19~94, to the owners thereof as such appear of regard in the bond register as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) WOE. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Tra}tsfer_2f Bonds. Upon surrender to the Registrar for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any fifer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Emimge of Bon Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bands of a like aggregate principal amount, interest rate and -8- APR 08 '93 11: 56AM EFL ASSOCIATES P.12/23 maturity, as requested by the registered owner or the owners attorney duly authorized in -writing. cantaikligla. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter dispersed ci as directed by the City. (e) rhugmeritdill. When arty Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) EaStatnegMLCbd DICE. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payrrtents so made to any such registered owner or upon the owners order shall be valid and effectual to satisfy and discharge the liability of the City upon such fk:gad to the extent of the sum or sums so paid. (g) I For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. h) Mutilated. Lost, Stolen or ed Donds. In case any Bond shall became mutilated or be kist, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, interest rate, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon receipt by the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon receipt by the Registrar of an appropriate bond or hviemnity in form, substance and amount satisfactory to it in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be -9- APR 03 '93 11:56AM 9-LERS ASSOCIATES P. 13/23 given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. [i) Authenticatng, Ag t The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1. 3.04. Appointment of initial Rem. The Qty hereby appoints the City Clerk, as the initial Registrar. In the event that the City determines to (c) discontinue the book entry-only system for the Bonds as descred in paragraph of Section 3.07, or DTC, as defined in Section 3.07, determines to discontinue providing its services with respect to the Bonds and a new securities depository is not appointed for the Bonds, the City will designate a suitable bank or trust company to act as successor Registrar if the City Clerk is then acting as Registrar. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 3.05. Redemption. Bonds maturing in the years 1995 through 1999 are payable on their respective stated maturity dates without optiv t of prior payment, but Bonds maturing in 2000 and later years are each subject to redemption, at the option of the City and in whole or in part, and if in part, in inverse artier of maturities and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on February 1, 1999 and on any date thereafter, at a redemption price equal to the principal amount thereof to be redeemed plus accrued interest to the date of r+edernptian. At least thirty days prior to the date set for redemption of any Bond, the City shall cause notice of the call for redemption to be mailed to the Registrar and to the registered owner of each Bond to be redeemed, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates and CUSIP numbers of the Bonds to be redeemed and the place at which the Bonds are to be surrendered for payment, which is the principal office of the Registrar. Official notice of redemption having been given as afores aid, the Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest. In addition to the notice prescribed by the preceding paragraph, the City shall also give, or cause to be given, notice of the redemption of any Bond or Bonds or portions thereof at least 35 days before the redemption date by certified mail or -10- APR 0S '93 11: 57AM EHLERS ASSOCIATES P.14/23 telecopy to the Purchaser and all registered securities depositories then in the business of holding substantial amounts of obligations of the character of the Bonds (such depositories now being The Depository Trust Company, of Garden City, New York; Midwest Securities Trust Company, of Chicago, Illinois; Pacific Securities Depository Trost Company, of San Francisco, California; and Philadelphia Depository Trust Company, of Philadelphia,, Pennsylvania) and one or more national information services that disseminate information regarding municipal bond options; provided that any defect in or any failure to give any notice of redemption prescribed by this paragraph shall not affect the validity of the proceedings for the redemption of any Bond or portion thereof. Bonds in a denomination larger than $5,000 may be redeemed in part in any integral multiple of $5,000. The owner of any Bond redeemed in part shall receive without charge, upon surrender of such Bond to the Registrar, one or more new Bonds in authorized denominations equal in principal amount to be unredeemed portion of the Bond so surrendered. 3.06. Preps ta'on and D eliv_, rear. The Bonds shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of the Mayor and the City Clerk; provided that said signatures and the corporate seal may be printed, engraved, or lithographed facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed aertiffcate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Clerk to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 3.07. cities De_ o it (a) For purposes of this Section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond Is recorded as the beneficial owner of such Bond by a Participant on the records 01 such Participant, or such person's subrogee. -11- APR OS '93 11: 5SAM EHLERS ASSOCIATES P.15/23 "Cede de Co." shall mean Cede Co_, the nomiiwe of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter from the City and the Registrar to DTC with respect to the Bonds, substantially in the form attached to this resolution as Exhibit A. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede Co., as nominee of D`TC. The Registrar and the City may treat DTC (or its nominee) as the sole and the payment of exclusive owner of the Bonds registered in its name for purposes of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any ic+esponsibdity or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Binds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of cc interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection: by urc or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede Co., as nominee of arc, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has -12- APR 06 '93 11:59AM EILERS ASSOCIATES P.1623 determined to substitute a new nominee in place of Cede Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. D1'C may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC by the Mayor and City Clerk in the forgo attached hereto as Exhibit A with such changes, omissions, insertions and revisions as the Mayor and City Clerk shall deem advisable, is hereby authorized, and execution of the Representation Letter by the Mayor and City Clerk shall be conclusive evidence of such approval. The Representation Letter shall set forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this resolution. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. Section 4. Security Provisions. 4.01. 1993 Improvement gonstruction Fund. There is hereby created a special bookkeeping fund to be designated as the "1993 Improvement Construction Fund" (hereinafter referred to as the Construction. Fund), to be held and administered by the City Clerk separate and apart from all other funds of the City. Thee .City appropriates to the Construction Fund (a) the proceeds of the sale of the Bonds, and (b) all collections of special assessments levied for the Improvement -13- APR 08 '93 11 :59AM EH.ERS ASSOCIATES P.17/23 until oampletion and payment of all costs of the Improvement. The Construction Fund sb211 be used solely to defray expenses of the improvements, including but not limited to the transfer to the Bond Fund, created in Section 4.02 hereof, amounts sufficient for the payment of interest and principal, if any, due upon the Bonds prior to the completion and payment of all casts of the Improvement and the payment of the expenses incurred by the City in connection with the issuance of the Bonds. Upon completion and P'a yment of all costs of the Improvement, any balance of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements instituted pursuant to the Act, as directed by the City Council, but any balance of such proceeds not so used shall be credited and paid to the Bond Fund. 4.02. 1993 Improvement fond Fund So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Clerk shall maintain a separate and special bookkeeping fund designated "1993 Improvement Bond Fund" (hereinafter referred to as the Bond Fund) to be used for no purpose other than the payment of the principal of and interest on the Bonds and on such other improvement bonds of the City as have been or may be directed to be paid therefrom. The City irrevocably appropriates to the Bond .mold (a) the collections of special assessments and other funds to be credited and paid thereto in accordance with the provisions of Section 4.01, (b) any taxes levied in accordance with this resolution, and (c) all such other moneys as shall be received and appropriated to the Bond Fund front time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy a sufficient amount to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory tax limitation. 4.03. Ad4iticnal Ilona. The City reserves the right to issue additional bonds payable from the Bond Fund as may be required to finance costs of the Improvements not financed hereby; provided that the City Council shall, prior to the delivery of such additional bonds, levy or agree to levy by resolution sufficient additional special assessments and ad valorem taxes, if any, which, together with other moneys or revenues pledged for the payment of said additional obligations, will produce revenues at least five percent (5%) in excess of the amount needed to pay when due the principal and interest on all bonds payable from the Bond Fund. The additional special assessments, ad valorem taxes and moneys or revenues so pledged, levied or agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner provided by Minnesota Statutes, Section 475.61. 404. Lev Lay_g_fipaciaLAirtsigntnia. The City hereby covenants and agrees that for payment of the cost of the Improvement it will do and perform all -14- APR 08 '93 12 :00PM EHLERS ASSOCIATES P.18/23 acts and things necessary for the full and valid levy of special amts against all assessable lots, exacts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, for, based upon the benefits received by each such lot, tract or parcel, in an aggregate principal amount not less than twenty percent (20%) of the cost of the Improvement. In the event that any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or this Council or any of the City's officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto, the City and this Council hereby covenant and agree that they will forthsvith do all such further acts and take all such further proceedings as may be ire' by law to make such assessments a valid and binding lien upon such property. The Council presently estimates that the special assessments shall be in the principal amount of payable in not more than installments, the first installment to be collectible with taxes during the year 19 and that deferred installments shall bear interest at the rate of not less than percent per annum from the date of the resolution levying said assessment until December 31 of the year in which the installment is payable. 4.05. Ad Valorem Taxes. The full faith and credit and taxing powers of the City are irrevocably pledged for the prompt and full payment of the principal of and interest in the Bonds as tbe same become respectively due. For the purpose there is hereby levied upon all of the taxable property of the City a direct, annual ad valorem tax, which shah be spread upon the tax rolls prepared in each of the following years and collected with other taxes in the following years and amounts as follows_ Levy Collection Year Year Amount 1993 1994 1994 1995 1995 1996 1996 1997 1997 1998 1998 1999 1999 2(X)0 2000 2001 2001 2002 2t '2 2003 The foregoing tax levies are such that if collected in full they will produce at least five percent (5%) in excess of the amount needed to pay when due the principal of and interest on the Bonds. This tax shall be irrevocably appropriated to the Bond -15- APR 08 '93 12: 'M EMIRS ASSOCIATES R.19/23 Fund as long as any of the Bonds are outstanding and unpaid; provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. 4.06. and Pledged. The full faith and credit of the City are irrevocably pledged for the prompt and full payment of the principal of and the interest on the Bonds, and the Bonds shall be payable from the Bond Fund in accordance with the provisions and covenants contained in this resolution. It is estimated that the special assessments and ad valorem taxes levied and to be Levied for the payment of the Improvement will be collected in amounts not Less than five percent 596) in excess of the annual principal and interest requirements of the Bonds. If the money on hand in the Bond Fund should at any time be insufficient for the payment of principal and interest then due, this City shall pay the principal and interest Out of any fund of the City, and such other fund or funds shall be reimbursed therefor when sufficient money is available to the Bond Fund. If on October 1 in any year the sum of the balance in the Bond Fund plus the amount of taxes and special assessments theretofore levied for the Improvements and collectible through the end of the following calendar year is not sufficient to pay when due all principal and interest become due on all Bonds payable therefrom in said following calendar year, or the Bond Fund has incurred a defidency in the manner provided in this Section 4.(, a direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in accordance with the provisions of this resolution Section 5. pefeasance. When any Bond has been discharged as provided in this Section 5, all pledges, covenants is and other rights granted by this resolution to the holders of such Bonds shall cease, and such Bonds shall no longer be deemed outstanding under this Resolution. The City may discharge its obUg; Lions with respect to any Bond which is due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, the City may nevertheless discharge its obligations with respect thereto by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bond +called for redemption on any date when it is prepayable according to their terms, by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; provided that notice of the redemption thereof has been duly given as provided in Section 3.05. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates -16- APR 08 '93 12 :01PM EHLERS ASSOCIATES P.20/23 as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity or, if notice of redetnption as herein required h been duly provided for, to such earlier redeatption date. Sectket 6. Ceu.n u. tratio of d Tees. do The City Clerk is hereby authorized 6.01. County Auditor_R+i� and directed to file a Auditor of d copy of this Resolution with the County Auditor shall Ramsey County, together with such other information as the County require, and to obtain from said County Auditor a cite that the Bonds have been entered on his bond register and the taxes described in Section 4.05 hereof have been levied as required by law. 6.02. Certification of Pro The officers of the City and the County Auditor of Ramsey County are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey Whitney, Bond Counsel to the City, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of and Bonds as otherwise known them, and all records under their custody such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed reputations of the City as to the facts recited therein. 6.03. CRXt. The City covenants and agrees with the holders from time to time of the Bonds that it will not tone or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1966, as amended (the Code), and Regulations promulgated thereunder (the Regulations), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The Improvements are public improvements available for use by members of the general public on a substantially equal basis. The City will not enter into any lease, use agreement or other contract respecting the Improvements which would cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. For purposes of canplyi,ng with the requirements of Section 148(fl(4)(C) of the Code relating to the exemption of certain small governmental units from the rebate requirements of the Code, the City represents (i) the City is a governmental unit with general taxing powers; -17- APR 08 93 1 0zPM EWERS ASSOCIATES P.21/23 (ii) the Bonds are not "private activity bands" as defined in Section 141 of the Code (Private Activity Bonds); of the net proceeds of the Bonds are to be used (iii? ninety-five percent for the local g overnmental purposes of the City; and (iv) the aggregate face amount of all tax-exempt bonds (other than Private Activity Bonds) issued by the City in calendar year in which t�h�yeBpa�t�ns are to be issued is not reasonably expected to exceed $5,00", 0 Therefore, pursuant to the provisions of Section 148(f)(4)(c) of the Code, the City s hall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 1 of the Code. 6.04. iii O. t .atei After February 1, 1999 the City Clerk shall ascertain monthly the amount on deposit Z 1999 the amount on deposit therein ever in the Bond Fund If after February to amount of principal and interest due and exceeds by more than $53,750 the a 12 months, such excess shalllbe from the used Barad Fund redeem onds next be invested at a yield less than or equal t the yield to he B upon their amounts, maturities and interest rates to the yield can the Bonds, based I?� on their date of issue, computed by the actuarial method. If any addi in the are ever issued and made payable from the Bond Fund, the dollar amount preceding sentence shall be changed to equal 5 pe'p1t of the aggregate original p ant of the bonds of all series, including the Bonds, of winch any bonds are then outstanding and payable therefrom. The City reserves the right to autend the provisions of this Section at any time, whether prior to or after the delivery of the Bonds, if and to the extent that this Council determines that the provisions of this Section are not necessary in order to ensure that the Bonds are not "arbitrage bonds" within the meaning of Section 148 of the Code and Regulations. C The Mayor and the City Clerk, being the 6.05. for the Bonds pursuant to offices of the City charged with the responslbility issuing this resolution, are authorized and directed to execute and deliver to the Purchaser a certification in accordance with the provisions ine of Section 148 of the Code, and Sections 1.Xfx3- I3,1.103 --14 and I.ZO:� --1 Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the that the of the Bonds will not be Bands which make it reasonable to expect Process used in a manner that would cause the Bonds to be axbitrage bonds within the fining of the Code and Regulations. 6.06. T„ Dina lowanee. The City hereby designates the Bonds as "qualified tax -exempt obligations" for purpose of Section 265(b) of the Code relating -18- APO 93 12: 92PM EFL ks &ASSOCIATES P 22/23 es for dal institutions. The City to the disallowance of interest expenses to issue represents that in calendar year 1993 it does not reasonably expect treating qualified tax -even oblig o are not private activity bonds (not t for purposes I45 o 5�D1(c' bonds under Section 145 the Code as private activity bonds of this presentation) in an amount in excess of $l$10,000,000. 6.07. Mcialiatgaglit. The Official Statement ►n Che C aci ng to the a B p r ep ared datied April .1993, prepared distributed and Associates, Inc., is bereby authorized ,pang, IriG, is hereby approved. Ehlers of behalf of the City to prepare and distribute to the Purchaser a supplement to the information Official Start listing the offering price, interest rates, other ther tnform Rtili '15c2- relating to the Bonds required to be included in the Official Statement by 12 adopted by the date hereof, the City the Securities and Exchange Commission under the Securities Exchange Act of 1934. Within seven business days shall deliver to the. Purchaser 75 copies of the Official Statement and such to execute Wit. The officers of the City are hereby awed ctmr leness and sufficiency the Official St at+�t► The officers of the s uc h certificates as may appropriate concerting the accuracy, F Y'aF t City appropriate authorized the directed to execute such certificates as may be accuracy, completeness and sufficiency of the Official Statement. 6.Q9 2 The str'ar is authorized and bonds, to receive t� Bond directed, on the date of issuance and delivery and expenses of the following proceeds and to pay from such pz with the issuance of the persons is the fottawing amounts incurred in Bonds upon receipt by the Registrar of a statement byee Perform,, re Anon t Financial Ehlers and Associates, nancial Minneapolis, Inc. Consultant nneapolis, Minnesota dyes Investors Service, Inc. Rating of Bonds New New York in the amounts set forth opposite the names of The dims of above approved ved and no further action of this Council shall be such persons are herey necessiuy iu aoruiecdon with the payment of such fees and expenses of nuance of -19- •"I''"'"` APR 08 93 12 i 03PM EI -LERS Assoc IATES P. 23/23 the Bids Th Registrar shall transfer the remaining Bond proceeds to or at the direction of the City. Mayor Attest: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor which signature was attested by the City Clerk. -20- nifityliiiiiireijik101111P610)11111111111111111PolkyllintiPtittcy.:::::: t Meeting Date: 4/14/93 Agenda Item: P 4 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Forester's Report for 1992 SUBMITTED BY: Linda Treeful, City Forester REVIEWED BY: Shirley Chenoweth, City Clerk EXPLANATION/SUMMARY: A copy of the report on the 1992 tree program is attached. Dr. Treeful will be in attendance to present the report and answer questions. 040$ 111010.10:011111111110(0144111111111111PilkylliiiilriiiiiMirolik#111111111155.1ii)1111111111111111111111P61k) ,ImImIII■INI■■•■■•■■■•■■■■N 12/13/92 00:24: EROBIS Professional Software Page 1 01 1 December 11, 1992 To: Falcon Heights City Council Members From: Linda Treeful, City Forester RE: 1992 Report on the Tree Program The number of elms lost in Falcon Heights during 1992 was less than the number lost in 1991. Seven boulevard elms and eleven elms on private property were removed (see Table 1), compared with 10 and 11, respectively, for 1991 (Table 2). Four trees, other than elms, were also marked and removed (Table 3). A 5 year trimming schedule was approved following a presentation to the City Council on February 26. The first area trimmed under the new program was the University Grove, which was trimmed during the fall and early winter. The work was completed by S S Tree Service in a professional and timely fashion. The operation of two tree services was halted during the summer, when they were found to be operating without licenses. Work commensed as soon as the licenses were applied for. Two grant proposals were submitted, one to Minnesota ReLeaf for tree trimming and one to the federal America The Beautiful grant program for a detailed tree inventory. The second proposal was funded. The most impressive event of 1992 was witnessing the removal of an elm tree by use of a 100 foot crane. Another surprising event was the discovery of tulip trees growing on private property. These trees are generally not hardy in Minnesota. Several boulevard green ash trees defoliated the first week of June and never re- foliated. Verticillium wilt or ash yellows is suspected, but neither has been confirmed. The city's tree ordinance was revised and approved. The newsletter began printing the names and addresses of homeowners with significantly large or historically important trees. The most gratifying event of the year was receiving the Tree Growth Award for 1991, in addition to the Tree City Award, during the First Minnesota Urban Forest Workshop on March 28. Tom Baldwin and Shirley Chenoweth were also present to receive the Award. Several other workshops or conferences were attended. A Tree Inspector Re- certification program, sponsored by the Minnesota Department of Agriculture, was attended on March 27. A Tree Trust Workshop on Community Tree Planting was attended in March and April. A workshop titled "How to Inspect for Gypsy Moth in Your Community sponsored by the Minnesota Department of Agriculture, was attended on March 16. The fall conference of the Minnesota Society of Arboriculture was attended September 24 in Rochester. In August, 29 trees were moved in the Roselawn Cleveland Park, to make way for the Cleveland road recontruction. A month by month outline of the activities involved in the 1992 Tree Program are described in the attached Work Summary. In 1992 I worked 331 hours, including 30 hours spent on the detailed tree inventory. Goals set and achieved in 1992 included: (1) Initiated a 5 year tree trimming schedule. (2) Initiated a detailed tree inventory. Goals for 1993 include: (1) Complete a detailed tree inventory. (2) Expand the Arbor Day program. 12/11192 14:16:00 EROBIS Professional Software Page 2 of 2 Table 1. Summary of American EIm Tree Removal in the City of Falcon Heights during 1992. Number of Trees Diameter Boulevard Private University Total 0.0 -9.9" 0 1 0 1 10.0 19.9" 1 0 0 1 20.0 29.9" 3 4 1 8 30.0" 3 6 0 9 Total 7 11 1 19 Table 2. Summary of American EIm Tree Removal in the City of Falcon Heights from 1984 to 1992 Number of Trees Year Boulevard Private Total 1984 49 64 113 1985 44 41 85 1986 37 28 64 1987 31 10 41 1988 19 26 48 1989 20 28 52 1990 22 7 29 1991 10 11 21 1992 7 11 18 Table 3. Other boulevard or city -owned trees marked and removed in 1992. Tree Variety Number of Trees Diameter Honeylocust 1 9.5" Green Ash 1 14" Poplar 2 21", 29" Total 4 Meeting Date: 4/14/93 Agenda Item: I -1 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Minutes of Planning Commission meetings SUBMITTED BY: Planning Commission EXPLANATION /SUMMARY: Attached are minutes of the Planning Commission held January 25, 1993 and February 22, 1993. hifimmoinarivoliiimittimiwohnixtheaffi MINUTES REGULAR PLANNING COMMISSION MEETING January 25, 1993 7:30 p.m. PRESENT ALSO PRESENT Kay Andrews Lisa Lampi Peter Bachman, City Attorney Lee Barry Ken Salzberg Paul Ciernia, Council Liaison Len Boche Susan Hoyt, Administrator /Planner Steve Huso Paul Kuettel Meeting was called to order at 7:30 p.m. by Lee Barry, Chair. APPROVAL OF MINUTES Minutes of the October 26, 1992 planning commission meeting were approved as written. REQUEST FOR ALL NECESSARY VARIANCES FOR A GARAGE AT 1433 WEST IDAHO IN: CHAPTER 9, SECTION 2.04, SUBD. 1(c); CHAPTER 9, SECTION 2.04, SUBD. 2(b); CHAPTER 9, SECTION 4.01, SUBD 5(e) A. BACKGROUND Administrator Hoyt reported that Mr. Tom Brace and Mrs. Gunta Brace, property owners of 1433 W. Idaho, are applying for all necessary variances for a nearly completed 988 sq. ft. garage. She explained the circumstances surrounding this request are unique because a building permit was issued for the garage construction on October 23, 1992. Construction proceeded until an adjoining property owner questioned the size of the garage and the city then determined the building did not conform to at least two sections of the zoning code and a permit should not have been issued. A stop work order was verbally issued on November 18, 1992 and a written order on November 25, 1992. No work was done on the garage after November 18, 1992. B. VARIANCES REQUIRED FOR EXISTING GARAGE 1. Side and rear yard setback variance Chpt 9,52.04, Subd.1(c) The garage has a one -foot rear yard setback and a two -foot side yard setback. Because the garage is not located entirely within the rear 20% of the lot but in the rear 31% of the lot, a five foot rear yard and a five -foot sideyard setback are required. 2. Rear yard lot coverage, Chpt 9, 62.04, Subd. 2(b) This section requires that detached accessory buildings shall not occupy more than 40% of the area of a required rear yard and not 1 exceed 1,000 sq. ft. The required rearyard is 30 feet and the lot width is 50 ft. so the required rear yard is 1,500 sq. ft x 40% and maximum coverage of a detached accessory structure 600 sq. ft. The garage in question is 988 sq. ft. or 65% of the required rear yard. 3. Maximum number of off street parking spaces for a dwelling unit, Chpt 9, 54.01, Subd. 5(e) No more than four parking spaces are permitted for each dwelling unit. This property has a minimum of five off street parking places four in the new garage and one in an existing, attached garage. C. ALTERNATIVES Administrator Hoyt and Peter Bachman, city attorney, determined there were three alternative actions for the commission to consider: 1) grant all necessary variances for the garage as built at 988 sq. ft and lift the stop work order. Reasonable and enforceable conditions may be attached to the variance to ensure compliance to the code and to ameliorate the impact of the variance on adjacent properties; 2) deny all variances and require the garage to be down -sized to 600 sq. ft. 3) grant the variances necessary to downsize the garage to 780 sq. ft. and offer to pay the Braces the costs of downsizing the garage. D. PROPERTY OWNERS STATEMENT Mr. Brace addressed the commission. He said in June, 1992, he inquired about building a four car garage and received the zoning code information for garages. He determined that he would build a 988 sq. ft. garage because it did not exceed the 1,000 sq. ft. maximum in 9- 2.04(1)(c) and (2)(b). He talked with David Kriesel, city building official, and was told he did not need a variance and received the required permits from the city prior to starting construction. He then went ahead with the project. He also explained that two inspections were made by the building official prior to the stop work order. Mr. Brace felt the language in the code was very confusing as to rear yard coverage. He had measured the depth of his entire rear yard, taking into consideration setbacks, eaves, etc. The city building official told him his calculations were correct. Mr Brace stated that as part of this application for a variance, he personally circulated a petition among his neighbors and asked 2 them to sign stating they did not object to the garage and knew that it was oversized. Signatures from owners of seven properties along the alley appeared on the petition. Mr. Mrs. King, 1427 W. Idaho, did not sign the petition. Mr. Mrs. Callahan at 1437 Idaho signed the petition. He removed the existing two car garage (board by board 22 x 26 ft.) and began construction of the new garage. He said that he would not have removed the existing garage if he had not been able to construct the new garage. To date, he has spent $10,000. If he must downsize the garage to 780 ft., a contractor gave him an estimate that it would cost $9,400. He added that he had consistently kept his neighbors informed of his plans for the garage. Mr. Brace submitted a report from R.M. Parranto Associates, Inc. showing that his garage plans would increase the property value, and this property would be an asset to this block and neighborhood, not a detriment. E. NEIGHBORS' COMMENTS Mrs. King, 1427 W. Idaho, spoke against granting the variances and asked that the garage be downsized or removed because she felt the surrounding properties would be devalued. She submitted a report from Appraisal Research Associates, Ltd stating that after viewing the King property and the adjacent owner's new garage, that the King property has "suffered a loss of at least 5% of its value and possibly more She said that it was very important to enforce city codes to maintain property values. Ms. Lynnanne Warren, 1426 W. California, was in attendance and said she felt Mr. Brace has a right to do what he sees fit with his property. He has improved it considerably and she had no objection to the oversized garage. Another neighbor, Mr. Bruce Callahan, 1437 W. Idaho said Mr. Brace has kept all neighbors very informed and that he signed the petition in support of Tom Brace, but was concerned about any property devaluation that might result from the structure. F. DISCUSSION BY COMMISSIONERS Commissioner Salzberg asked why Mr. Brace couldn't complete the garage without any variances being granted. City attorney, Peter Bachman, said the garage would become a non conforming use and any resident could sue the city to try to get the city to enforce its code. Also, if it was destroyed for any reason, the non- conforming garage could not be rebuilt back to the same size. 3 Discussion followed. Commissioner Boche asked if the garage was downsized to 780 sq. feet would Mr. Brace remove the additional length from the northside or the southside of the garage. Mr. Brace responded that he assumed that Mrs. King would prefer that the additional length came off the southside of the garage. Commission Barry said that to bring the garage closer to the way it was originally configured on the site would require taking the additional length off the northside of the structure. Mr. Brace confirmed that the south wall of the new garage was in the same location as the south wall of the old garage. The new garage wall was one foot closer to the east and three feet closer to the westside property lines. Commissioner Salzberg said that he would like to discuss the issue as though a variance was being requested prior to the construction of the garage. He said that given the variance for the 760 foot garage at 1427 West Idaho, he would be inclined to approve a variance for the 780 sq. foot garage at 1433 West Idaho. Commissioner Boche asked if the commission could legally grant the variances for the garage with the conflicting information from the two appraisers. Attorney Bachman responded that the commission could do that with appropriate findings. Commissioner Boche stated that the worst of the three alternatives was a compromise downsizing the garage to 780 sq. feet. He said that the commission should either enforce the code or admit a mistake and that not a great deal more of the backyard was consumed by the new garage. This did not mean that he liked the garage, but he found the middle alternative the least attractive position. Commissioner Kuettel said that as a new commissioner he spent hours reviewing the materials and driving by the garage at various times. He said that had a request for a variance come up prior to the construction, he would not approve it. However, this was after the fact of a city error which made a tremendous difference, and that he agreed with Mr. Boche that the middle alternative was the worst one. He suggested approving two of the three variances, but possibly conditioning the use of the attached garage as part of the approval. Chairperson Barry said that he differed from Commissioners Boche and Kuettel, that he felt the middle alternative, downsizing to 780 ft was appropriate. He agreed that the non conforming garage was not Mr. Brace's fault. He said looking at the city as a 4 whole and to following Commissioner Salzberg's approach to review the variance application as though it had not been built and no mistakes had been made. Commissioner Barry said given the prior history of what the city accommodated in this area for the same sort of things that Mr. Brace wanted to do, a 780 sq. foot garage was reasonable. He added (not as a legal opinion) that from his experience litigating real estate values with the County of Hennepin that it is not unusual to have two very different appraisals. Commissioner Salzberg reiterated his support for the 780 sq. foot garage alternative by saying that if the structure continues to stand it harms the city and if it doesn't it harms the homeowner. One way to solve the problem is to pay the homeowner for damages incurred and to make the structure smaller. And, he said he could have supported a variance for 780 sq. feet had it come before the commission prior to any construction. Commissioner Boche said that the same number of variances were necessary for 780 sq. feet as the 988 sq. feet. Commissioner Kuettel said that if granting these variances set a precedent, it was probably that the city would be much more careful granting building permits for garages. Commission Huso said that he supported the 780 sq. foot garage alternative because it was only 25% rather than 50% over the code allowance for area than the 988 sq. foot version. He concurred with Mr. Kuettel about the damages to Mr. Brace and felt that Mr. Brace should be compensated for these. Commissioner Andrews said she favored the 980 sq. foot garage for many of Mr. Boche's reasons. She said she thought going to 780 sq. feet and 600 sq. feet would only enrage this property owner. Commissioner Salzberg asked the city attorney again about letting the structure stand without granting a variance. Attorney Bachman explained that this option had been discussed with the Braces but that it would not have the finality that would come from the other options presented by staff. Whereas a variance was a legal decision on the property. If the intent of letting the garage stand and not granting variances was not to have it rebuilt if it was 50% destroyed, the commission could grant the variances and condition them that this structure not be rebuilt if there is 50% or more damage to the structure. Commissioner Lampi said that there were conflicting appraisal reports and that she supported variances for the 988 sq. foot existing garage because the garage was not completed and it had been a city error. 5 Chairperson Barry asked for a motion. Commissioner Boche moved granting all three variances for the 988 sq. foot garage. Commissioner Kuettel seconded it. Commission Boche said that he recommended the proposed findings. Chairperson Barry asked if there was further discussion. Commissioner Huso said that the 780 sq. foot is the best way to handle it because it was a finding of fact that "there is not a reduction in economic value of adjoining neighbors" concerned him. He said there might be a reduction in property values and to the Callahan property. Commissioner Boche said that he would recommend the findings except #9. Number nine reads, "there is substantial and conflicting evidence in the record regarding whether the variance will substantially diminish or impair property values or improvements in the area. The city has reviewed this evidence carefully and finds the granting of the variance will not substantially diminish or impair property values or improvements in the area." Commissioner Huso asked Attorney Bachman if adopting all findings was necessary. Attorney Bachman stated that some findings should be made on all relevant points (identified in the city code 15). He said that findings need not be beyond a reasonable doubt but should reflect the commissioners' viewpoint. Commissioner Boche withdrew his motion and wanted the matter to be laid over until the next meeting after the council was asked to hire an appraiser to appraise property values that might be affected in the neighborhood. Chairperson Barry said that this would require four or five appraisals at a substantial expenditure by the city and that getting a consensus would be difficult. Following more discussion on the usefulness of appraisals, Chair Barry declined to withdraw the motion. Commissioner Boche asked that the motion be withdrawn without finding #9. Chair Barry agreed to do so. C. Boche moved to lay the matter over until the city had an 6 appraisal on whether the other five surrounding property values were affected. The motion died for lack of a second. C. Kuettel moved to grant all variances as needed for the 988 sq. foot garage based upon the findings. C. Lampi seconded the motion. C. Salzberg asked that the condition that the structure not be rebuilt if it were over 50% destroyed be added. Discussion on this specific condition followed. Mr. Brace was asked if he would hold the city harmless from any damages if he was granted the variances. He said he could not respond to that question because he was only prepared to seek assurances for thier four car garage. Chairperson Barry asked for further discussion. C. Boche asked for a roll call vote. C. Andrews aye C. Barry nay C. Boche aye C. Huso nay C. Kuettel aye C. Lampi aye C. Salzberg nay Chair Barry stated that the necessary variances for a 988 sq. foot garage passed by a 4 to 3 vote based upon stated findings. And that the planning commission would be recommending the granting of the variances to the city council. A motion was made to extend the planning commission meeting beyond 10 p.m. Unanimously approved. REOUEST FOR AN AMENDMENT TO A VARIANCE AT 2097 FOLWELL AVENUE In May, 1992, the planning commission approved a variance for a sideyard setback for a proposed new home at 2097 Folwell. This variance granted a 1 1/2 foot variance in the eastside lot line for the northeastern rear five feet of the structure. A surveyor on the job called attention to the fact that the required sideyard setback is not 5 feet on this property, but 20% of the lot width (21', 4 because the property abuts an existing public right -of -way. The five foot setback requirement is for property abutting residential property. 7 The commission was asked to amend the previously granted variance to 17 feet, 10 inches from the eastside property line of the northeastern five feet of the structure and a maximum of 16 feet, 4 inches from the eastside property line for the remainder of the structure. Boche moved and Andrews seconded to amend the variance as requested as it meets all the criteria for granting a variance. Unanimously approved. Meeting adjourned at 10:10 p.m. Susan Hoyt, Administrator Dee Swenson, Recording Secretary 8 MINUTES REGULAR PLANNING COMMISSION MEETING February 22, 1993 7:30 p.m. PRESENT ABSENT ALSO PRESENT Kay Andrews Len Boche Paul Ciernia, Council Liaison Lee Barry, Chair Susan Hoyt, Administrator /Planner Steve Huso Brian Standing, Intern Planner Paul Kuettel Fred Hoisington, Consultant Lisa Lampi Ken Salzberg Meeting was called to order at 7:30 p.m. by Lee Barry, Chair. PUBLIC HEARING ON A PRELIMINARY AND FINAL PLAT OF THE UNIVERSITY GROVE SUBDIVISION NUMBER 2 AND REQUEST FOR VARIANCES FROM 9- 17.04, SUBDIVISION 2 AND SUBDIVISION 4 OF THE ZONING CODE Lee Barry, Chair, opened the public hearing at 7:35. Brian Standing, planning intern, reported on the University's request for a preliminary and final plat of University Grove Subd #2 to conform to Auditor's Subd. 90. These lots were originally platted in Auditor Subd. No. 90. An error was made in 1990 with the recording of Registered Land Survey for 1666 Coffman which included the area as one large tract. This automatically eliminated the established lot lines and right of ways in a portion of Auditor's Subdivision No. 90. Standing explained that the purpose of the proposed plat is to re- establish the original lot lines eliminated by the 1666 Coffman plat. He said this would not change the commonly understood property boundaries. The University also requested variances from the subdivision regulations. Folwell Avenue has an existing 50 ft. right -of -way which is consistent with Auditors Subd. No. 90. Section 9 -17.04 subd. 2 of the code requires that minor and collector streets maintain a minimum right -of -way of 60 feet. The University is requesting a 10 ft. variance to allow for the existing 50 ft. right -of -way. Section 17.04 Subd. 4 of the code requires 10 foot drainage and utility easements along all lotlines. The University requested a variance to allow no such easements along the platted lots of this subdivision. Public hearing closed at 7:55. After some discussion by the commission, Kuettel moved to grant the variances on the findings that: a. the variance will not be detrimental to the public welfare; b. the granting of the variance will not substantially diminish or impair property values or improvements in the area; c. the granting of the variance is necessary for the preservation and enjoyment of substantial property rights by re- establishing previous property lines and right of ways; d. the variance will not impair an adequate supply of light and air to adjacent property; e. the variance will not impair the orderly use of the public streets; f. the variance will not increase the danger of fire or endanger the public safety; g. the legal boundary history of the tract is such that strict adherence to the letter of the chapter would result in undue hardship to the owner. Huso seconded the motion and it passed unanimously. Salzberg moved to approve the preliminary and final plat for University Grove Subdivision 2. Seconded by Huso and unanimously approved. PUBLIC HEARING ON REQUEST FOR A CONDITIONAL USE PERMIT FOR A SATELLITE DISH AT 1547 W. LARPENTEUR AVENUE, BULLSEYE CENTER Public Hearing opened at 8:10. Brian Standing, planning intern, explained Edward D. Jones, an investment consultant firm with headquarters in St. Louis, plans to open an office in Bullseye Plaza at 1547 Larpenteur Avenue and has requested a conditional use permit to allow for the installation of a six foot diameter satellite dish antenna on the exterior rear wall of the building. The zoning for a B -2 district lists broadcast and telecommunications facilities as a conditional use. Kevin Alm, office manager, said the nature of the work requires uninterrupted computer and communications links with the firm's headquarters and with market information systems around the world. He stated his office cannot function without it. Tim Hilger, representing the property owner, American Family Insurance, explained the lease agreement between the property owner and the tenant addressed the location (rear recessed portion of the building) and mounting of the dish (exterior rear wall of the building abutting the alley) to protect the Bullseye Center from any damage the dish might cause. Mr. Standing said that property owners within 350 feet of the Center had been notified. None objected. Administrator Hoyt mentioned Mr. Jim Warner, owner of Falcon Center inquired on visibility of the dish and was told it would not be visible from Snelling Avenue. Public Hearing closed at 8:25. Discussion by the commissioners followed. Hoyt explained that a conditional use permit goes with the property, not the business and may be revoked if conditions are not met. Salzberg said that if all requirements were met for a CUP, it would be difficult to deny issuing one. All members unanimously agreed that if they recommended granting a CUP and that if an installation of a satellite dish should be requested by another business in the Center, it would require another C.U.P. and be independently evaluated. Salzberg moved that the conditional use permit be granted subject to the following conditions: 1. The antenna mounting hardware must be designed and installed to withstand wind speeds at least as high as the design standards for the antenna itself; 2. The antenna and all mounting hardware must be maintained in a safe and operable condition, and; 3. That no portion of the antenna may directly overhang the alley. Motion seconded by Lampi and unanimously approved. INTRODUCTION OF THE PROPOSED REVISION IN THE COMMERCIAL ZONES Brian Standing, Planning Intern, explained that the city's comprehensive plan adopted in 1991 called for some revisions in the city's commercial zones to eliminate some unusual zones, B -1A and E -B, and to establish a neighborhood commercial zone. Fred Hoisington, Consulting Planner, presented proposed changes which would include creating B -3, neighborhood business district, eliminating B -1A, which is a limited business district, and repealing EB, existing business district. Mr. Hoisington reviewed a draft of the proposed changes in the commercial zoning code. He was asked if any of these proposed changes would create a burden on existing businesses and he replied the intent is not to do that. Discussion followed. B -2 Central Business District PART 9 9 -10.01 B -2, subd. 2, Part t. Personal service establishments should be changed to include massage parlors and saunas for health purposes but should exclude adult use facilities. k. Video arcades should be subject to the same conditions as a pool hall. Mr. Hoisington was asked to define Adult Uses and Adult Use Establishments. He agreed this should be done. Proposed B -3 Neighborhood Convenience Business District 9 -11.01 Subd. 2, f. Florist. Ms. Joyce Gimmstead of B J Floral mentioned that her business had been re -zoned twice before. Ms. Gimmestad pointed out that B J Floral was originally classified as a legal con conforming use in a residential district. She said that she had petitioned the city to include B J Floral as a permitted use in an E -B zone, and indicated that she did not wish to return to a legal, non conforming use. Ms. Gimmestad expressed concern about her ability to rebuild her business establishment if it were more than 50% destroyed. Mr. Hoisington suggested that zoning B J floral as a Neighborhood Business (B -3) District would allow florists as a permitted use. Mr. Hoisington noted that although this option would be inconsistent with the Comprehensive Plan, the city could preclude expansion of the B -3 zone because the comprehensive plan did not include it. Ms. Gimmestad indicated that this alternative would be acceptable to her. The proposed B -3 district includes the existing auto service station as a conditional use. Steve Horazdovsky of Hamline Hoyt Auto Service said that he would prefer to operate his business with no restrictions or conditions. Mr. Horazdovsky also expressed concern about his ability to sell his business in the future. Administrator Hoyt explained that Hamline Hoyt currently operates as a legal non conforming use, and that the city has never required a conditional use permit for the business. Mr. Hoisington explained that the proposed ordinance as originally written would not have accommodated auto repair anywhere in the city. He also noted that the proposed B -3 ordinance was re- written to permit auto repair as a conditional use, with Hamline Hoyt specifically in mind. Mr. Hoisington asked the commission to direct any further concerns and changes they might have to Administrator Hoyt and she will keep him informed. Meeting adjourned 9:45 p.m. Mr. Hoisington was asked to define Adult Uses and Adult Use Establishments. He agreed this should be done. Proposed B -3 Neighborhood Convenience Business District _9 -11.01 Subd. 2, f. Florist. Ms. Joyce Gimmstead of B J Floral mentioned that her business had been re -zoned twice before. Ms. Gimmestad pointed out that B J Floral was originally classified as a legal con conforming use in a residential district. She said that she had petitioned the city to include B J Floral as a permitted use in an E -B zone, and indicated that she did not wish to return to a legal, non conforming use. Ms. Gimmestad expressed concern about her ability to rebuild her business establishment if it were more than 50% destroyed. Mr. Hoisington suggested that zoning B J floral as a Neighborhood Business (B -3) District would allow florists as a permitted use. Mr. Hoisington noted that although this option would be inconsistent with the Comprehensive Plan, the city could preclude expansion of the B -3 zone because the comprehensive plan did not include it. Ms. Gimmestad indicated that this alternative would be acceptable to her. The proposed B -3 district includes the existing auto service station as a conditional use. Steve Horazdovsky of Hamline Hoyt Auto Service said that he would prefer to operate his business with no restrictions or conditions. Mr. Horazdovsky also expressed concern about his ability to sell his business in the future. Administrator Hoyt explained that Hamline Hoyt currently operates as a legal non conforming use, and that the city has never required a conditional use permit for the business. Mr. Hoisington explained that the proposed ordinance as originally written would not have accommodated auto repair anywhere in the city. He also noted that the proposed B -3 ordinance was re- written to permit auto repair as a conditional use, with Hamline Hoyt specifically in mind. Mr. Hoisington asked the commission to direct any further concerns and changes they might have to Administrator Hoyt and she will keep him informed. Meeting adjourned 9:45 p.m. Susan Hoyt, Administrator Dee Swenson, R- cording Secretary