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02/25/2002 - 4730I. I OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING FEBRUARY 25, 2002 x t � :. �` � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 7:30 p.m. - City Council Chambers Attendance Sheet ALFAS� AR/NT NAMF, AaflRFSS AN� /i'FM NUMSFR YaU ARF /MT�RFSTFa /N. � % , � �� : ;� , "�g ? � � .%' pl • //�/ %/ s' /j////' ��. �/ Mg�°` � �4� � � : � i,�� '!�� i�/// � � / a � / n ' ..i :,' . . � . :• � � / L /� . . .. � ....�\. . . i / ::a.. ,,. r. � .. � � _ ,: '; .: .::a. . . , ...., .. . .,...i., i .. � ir J„ a� , i. n e �,: �. 7i, , i .. . :.a�..� ._., :: . : ] . .: ....� ` �i {� t� � ��'i�� ".'�r n / + � ' r,,.. .,.. �C' �`L- � "�. � ��-L _ �i��Y � �" �-� �� . �rr� '�:�.�i,;�{��'1 � � ,rr� �, l � 3 � _ G C` _ �� ,. � .�- �,�,�- \ : s� c; �,� ,� A {? �,a D ,�� u �� I_3 , � ��..�� - �-�,. ��.�,�� i� � � c°�� LS � ��..-Y� ` � 7 �' 7 r /�:�;��, �� .�<<�� ,> f- f iti�, ��f , _` - � � � -�--� � � ,/� _ :� _ y ? . y' � ' � r` � ' < � /-� � � CITY COUNCIL MEETING OF FEBRUARY 25, 2002 GTY OF FRIDLEY , The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public * assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Read Across Fridiey Day — March 1, 2002 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 11, 2002 1i � NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of February 6 - . ..................................................................................... 1 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Resolution Approving a Subdivision, Lot Split, LS #02-01, to Create an Additional Single Family Parcel, Generally Located at 6831 East River Road (By Jerry Thompson) (Ward 3) ............................................................ 7- 11 3. Approve the 2002 Agreement for Residential Recycling Program between the City of Fridley and the County ofAnoka ....................................................................................................... 12 - 18 4. Resolution Approving Recycling Service Fees ............................................. 19 - 20 5. Approve Letter to Governor Ventura In Support of State Restrictions on the Sale of Phosphorus Lawn Fertilizers; and, Resolution Relating to Restrictions on the Use and Sale of Phosphorus Lawn Fertilizers ............................................................ 21 - 24 6. Resolution Authorizing Execution of an Amendment to Loan Agreement and a Supplemental Trust Indenture for Senior Housing Revenue Bonds ............................................. 25 - 34 � *� �� I � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25. 2002 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED�: 7. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Italian American Foundation Club (Main � Event, 7820 University Avenue N.E.) , (Ward 3) ........................................................................................................ 35 - 36 8. Resolution Ratifying Firefighter Relief Association Bylaw Amendment .................................................................... 37 - 38 9. Receive Bids and Award Contract for the 2002 Miscellaneous Concrete Repair ProjectNo. 344 ............................................................................................. 39 - 40 10. Approve Contract for Cleaning Services Between the City of Fridley and Corporate Cleaners....................................................................................................... 41 - 45 11. Claims ........................................................................................................... 46 12. Licenses ....................................................................................................... 47 - 49 4 t FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 4 ADOPTION OF AGENDA. ' OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. , � OLD BUSINESS: 13. Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Exterior Storage Requirements ..................................................... 50 - 51 14. Resolution Authorizing the Anoka County Housing and Redevelopment Authority to Carry Out a Special Project to Dispose of County-Owned Excess Residential Property Located in Fridley (Tabled January 28, 2002) .................................................... 52 - 57 � � NEW BUSINESS: 15. Informal Status Reports '' ....................................................... ........................... 58 ADJOURN. �,, FRIDLEY CITY COUNCIL MEETING OF FEBR UARY 25, 2002 ��-4-��. „ � QTY OF FR�LEY e City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its ices, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual rientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabiliries to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3�00 at least one week in advance. (T"TD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Read Across Fridley Day — March 1, 2002 APPROVAL OF PROPOSED CONSENT AGEND �� i APPROVAL OF MINUTES: u City Council Meeting of February 11, 2002 NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of February 6, 2002 ........... 1- 6 2. Resolution Approving a Subdivision, Lot Split, LS #02-01, to Create an Additional Single Family Parcel, Generally Located at 6831 East River Road (By Jerry Thompson) (Ward 3) ....................................... 7 -11 �" 3. Approve the 2002 Agreement for Residential Recycling Program between the City of Fridley • and the County of Anoka ............. 12 - 18 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Resolution Approving Recycling Service Fees............................................ 19 - 20 � C� Approve Letter to Governor Ventura In Support of State Restrictions on the Sale of Phosphorus Lawn Fertilizers; and, Resolution Relating to Restrictions on the Use and Sale of Phosphorus Lawn Fertilizers ..................................... 21 - 24 3(�l 6. Resolution Authorizing Execution of an Amendment to Loan Agreement and a Supplemental Trust Indenture for Senior Housing Revenue Bonds ............ 25 - 34 ;�_ � 7. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Italian American Foundation Club (Main Event, 7820 University Avenue N.E.) (Ward 3) ...................................... 35 - 36 .!� '�� 8. Resolution Ratifying Firefighter Relief Association Bylaw Amendment ... 37 - 38 ,� �� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Receive Bids and Award Contract for the 2002 Miscellaneous Concrete Repair Project No. 344 ............................ 39 - 40 10. Approve Contract for Cleaning Services Between the City of Fridley and Corporate Cleaners ...................................... 41 - 45 11. Claims � 12. Licenses ...................................... 47 - 49 ADOPTION OF AGENDA. �� f�� r� OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. OLD BUSINESS: 13. 0 PAGE 2 OLD BUSINESS (CONTINUED): • 14. Resolution Authorizing the Anoka County Housing and Redevelopment Authority to Carry Out a Special Project to Dispose of County-Owned Excess Residential Property Located in Fridley (Tabled January 28, 2002 ..... ............................. 52 - 57 � � � �� NEW BUSINESS: 15. Informal Status Repo�ts ..................... 58 ADJOURN. Second Reading of an Ordinance Amending �� Chapter 205 of the Fridley City Code � Pertaining to Exterior Storage � ��c�%�-- Requirements ................................... 50 - 51 � � ��5� ,� ��i (�-a'�°�'' �� ; . 1 �� ti�. �� - � � � �-�� I� � , � � p��es� • • . 0 _'- _' _ f= = �?l�A� A�'J?OSS F!?I�IFY �AY l�lar�l� f, 2002 �� WHEREAS, the citizens of Fridley stand firmly committed to promoting reading as the catalyst for our students' future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and, WHEREAS, the citizens of Fridley have provided significant leadership in the area of community involvement in the education of our youth, grounded in the principle that educational investment is key to the community's well-being and long-term quality of life; and, WHEREAS, the National Education Association 's "Read Across America " program promotes reading and adult involvement in the education of our community's students; NOW, THEREFORE, BE IT RESOLVED that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim Friday, March 1, 2002, as aFa� a�aoss F�i�iFr �aY in the City of Fridley, and encourage residents to engage in programs and activities to make America's children the best readers in the world. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be a�xed this 25th day of February, 2002. Scott J. Lund, Mayor THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 11, 2002 The regular meeting of the Fridley City eouncil was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGIANCE: ` Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. Y ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings MEMBERS ABSENT: Councilmember Wolfe APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Billings stated that he would like the minutes of the January 28 meeting and Item No. 1 on the agenda removed for discussion. Councilmember Bolkcom stated that she would like Item No. 3 removed for discussion. MOTION by Councilmember Barnette to approve the proposed consent agenda as amended with the January 28 meeting minutes and Item Nos. 1 and 3 moved to the regular agenda for discussion. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of January 28, 2002. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. OLD BUSINESS: � 1. ORDINANCE NO. 1163 UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEROF (GENERALLY LOCATED NEAR 1200 CHERI LANE N.E.)(WARD 1): Mr. Burns, City Manager, stated that the owner of the property is the owner of the Skywood Apartments on Cheri Lane. He has expanded his parking area onto 4,752 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 2 square feet of the City's right-of-way. The ordinance declares the property surplus and authorizes staff to sell the property for $1 per square foot. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 2. RECEIVE BIDS AND AWARD CONTRACT FOR REPAIR OF WELL NO. 12: ,, I Mr. Burns, City Manager, stated that three bids had been received for the repair of Well No. 12. Staff recommended that the contract be awarded to the low bidder, Bergerson- Caswell of Maple Plain, Minnesota, in the amount of $22,850. APPROVED. 3. RECEIVE PETITION NO. 2-2002 IN SUPPORT OF STREET IMPROVEMENT PROJECT NO. ST. 2002 -1: Mr. Burns, City Manager, stated that the petition is from 45 of the 98 residents that will be affected by the 2002 street improvement project. The petition was circulated by Ms. Joy Glaser of the Edgewater neighborhood. Of the 44 signatures, 43 were in favor, 1 was opposed to the project, and 1 refused to sign. Staff asks the Council to join them in thanking Ms. Glaser. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. RESOLUTION NO. 14-2002 ORDERING FINAL PLANS AND SPECIFI- CATIONS AND ESTIMATES OF COSTS THEROF: EDGEWATER GARDENS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2002 -1: Mr. Burns, City Manager, stated that improvement project would be bid in late March and construction would begin in late May or early June. Staff recommended Council's approvaL ADOPTED RESOLUTION NO. 14-2002. 5. RESOLUTION NO. 15-2002 REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL USE: Mr. Burns, City Manager, stated that the resolution requests authorization to use a portion of the City's MSAS funds based on population for the Edgewater Gardens neighborhood street construction project. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 3 ADOPTED RESOLUTION NO.15-2002. 6. RESOLUTION NO. 16-2002 EXTENDING SURVIVOR BENEFITS TO MEMEBERS OF THE CONSOLIDATED POLICE RELIEF ASSOCIATION: Mr. Burns, City Manager, stated that this resolution will allow survivar benefits to be extended to the spouses of inembers of the Police Relief Association. The benefit was - authorized by 1994 State law but never extended to local police retirees who were in the Police Relief Association. This resolution corrects that oversight at no additional cost to M the City. There are only two people involved and that cost was covered in Fridley's prior contributions to PERA. The action was requested by the daughter and second wife of one of the retired police officers. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 16-2002. 7. RESOLUTION NO. 17-2002 AUTHORIZING AN AMENDMENT OF THE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND INDEPENDENT SCHOOL DISTRICT 14 FOR THE JOINT USE OF THE FRIDLEY COMMUNITY CENTER: Mr. Burns, City Manager, stated that the resolution authorizes the City to sign a letter of understanding with School District No. 14. The letter provides for an additional City contribution of $26,000 for the operation of the Fridley Community Center for a two-year period beginning this year. The money will be dedicated to payment for higher energy costs, a custodian supervisor's salary, and a half-time custodian. The District agrees it will assign the part-time facility to Saturday and Sunday hours, expanding the number of hours of the community center for public use. The District agrees it will honor rental rates for the two-year time. The City agrees it will remove the restriction on the current agreement, as the amount paid by the City will be adjusted to reflect the fluctuations in the energy costs incurred at the Fridley Community Center at the cost of the rate of inflation for the prior twelve months. Staff recommended Council's approval. ADOPTED RESOUTION NO. 17-2002. 8. APPOINTMENT - CITY EMPLOYEE: Mr. Burns, City Manager, stated staff recommended the appointment of Lynn E. Krachmer to the Appraiser position vacated by Mary Smith. Ms. Smith is now the City Assessor. Mr. Krachmer has been employed by the City of Minneapolis for the last two and one-half years and has also been a self-employed residential appraiser. He has worked as a housing rehabilitation specialist at the Minneapolis Community Development Agency. He is a Certified Minnesota Assessor and has completed a two- year course in Architectural Drafting from Detroit Lakes AVTI. He is also pursuing a Business Administration degree from Minneapolis Business College. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 4 APPOINTED LYNN E. KRACHMER TO THE POSITION OF CITY APPRAISER. 9. CLAIMS: APPROVED CLAIM NOS. 103665-103904. 10. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 11. ESTIMATES: Floors by Beckers 805 First Street N.W. New Brighton, MN 55112 Recarpeting the Municipal Center Project No. 339 FINAL ESTIMATE $2,475.00 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda as amended with the addition of the January 28 meeting minutes and Item Nos. 1 and 3. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. Tom Myhra, 6360 Able Street, stated that he has complaints about the social engineering role the Council seems to have taken on. The military industrial government complex has taken his money to fight communism but now the academia foundation government complex wishes to tell him where to live, what kind of housing to have and what kind of house he will live next to. He will have to give up the kinds of things that define liberty. Governor Jesse Ventura wants to keep the Hiawatha light rail on track. The Northstar Corridor trolley is also being planned. He asked how many had ridden the Amtrak in the last half dozen years. He has made ten trips on it. He said it looks like the House of Representatives may put an end to the Northstar Corridor. He said Council has accepted the Metropolitan Council's vision to spread the misery of inner city Minneapolis to Fridley and other suburbs. Misery caused by 35 years of misrule by the liberal quack ruling the City. They have ruled the schools and less than half the 9`" graders of Minneapolis graduate from High School. When that began to happen, people fled to the suburbs. Mr. Myrha indicated that the Metropolitan Council is laying the foundation for future ghettos in Fridley with the tacky housing development across from Super America. Chairman Mondale v FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 5 stated that having this kind of development is a place for young professionals to eat bagels and drink espresso for breakfast. They will have cheese and wine in the evening and they will love it. He does not love it and wants families that vote regularly and know what they are voting for. The community groups aze important also. He said that Councilmember Barnette told him that if we do not take this money to do this, other cities will get it. He stated that he does not care what other people are doing. Since 1900, there have been about 25 tornadoes doing damage in the cities of Minnesota. Ten of those did damage in Fridley. What will people in the housing complex do in the case of a tornado? The trailer park has a shelter for tornadoes. Mayor Lund asked Mr. Myhra if he had suggestions. Mr. Myhra stated that the deal is done and it is hard to go back. He would have left money for a shelter. Mayor Lund thanked him for voicing his concerns. No other persons in the audience spoke. 12. FIRST READING FRIDLEY CITY REQUIREMENTS: OF AN ORDINANCE AMENDING CHAPTER 205 OF THE CODE PERTAINING TO EXTERIOR STORAGE Mr. Hickok stated that staff is requesting consideration of a text amendment that would change the City Code requirements on parking of non-motorized campers, trailers, boats, and utility trailers. Systematic code enforcement in 1998 revealed storage of utility trailers, campers, and boats in the front yard and driveways. Two variance requests in 1999 to store travel trailers in the front yard driveway were made and both were denied. On September 17, 2001, Council held a public hearing to discuss the existing ordinance to allow residents to voice their opinions. Approximately 60 people spoke. The majority owned camper trailers and were in favor of allowing them to be parked on the driveway seasonally. Mr. Hickok stated that the regulations ranged from simple to very complicated. Fridley allows outdoor storage on the side or rear yard for non-motorized boats, trailers, and campers. Motorized RV's aze required to be parked on a paved surface. One option would be to leave ordinance as is. The second option is to repeal existing language and allow outdoor storage on all portions of the yard in the residential district. The third option would be to allow non- motorized storage on the driveway, as well as the side or rear yard. The Planning Commission recommended that the language of the draft ordinance of the provision that requires trailers not to extend more than 25 feet in front of the home be replaced with language that stated that no portion of the trailer should extend closer than 15 feet to the back of the curb. A motion to recommend was approved by a 5 to 1 vote. Changes to the code on exterior storage would read as follows: (1) Nothing shall be stored in the required front yard with the exception of boats, non-motorized camping trailers, utility trailers, provided they are located on an improved hard surface, and no portion of said trailer extends closer than 15 feet to the back of the curb. In no case shall said trailer encroach on public right-of-way; (2) All materials shall be kept in a building or shall be fully screened, so as to not be visible from any public right-of-way except for FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 6 stacked firewood in the side or rear yard. Boats, non-motorized camping trailers, and utility trailers stored in the side or rear yazd are not required to be located on a hard surface drive. Mr. Hickok stated that staff recommended that the proposed ordinance resembling the third option be approved by City Council. The first reading is scheduled for this evening. Councilmember Barnette stated that motorized vehicle pazking in the driveway is legal. What is the difference between the motorized RV and a non-motorized camper? Before we began systematic code enforcement, this ordinance was already in place. He asked how it was generally enforced prior to this time. Mr. Hickok stated by staff observation or complaint. Councilmember Barnette asked if it was more complaint. Mr. Hickok stated that there was an ample amount of both. Councilmember Barnette stated that it was about time to change this. Mayor Lund stated that many people have been cited for being in non-compliance yet they saw many other people in non-compliance as well. This makes it a little less restrictive and will help people who need it. More people wanted this than those who did not. MOTION by Councilmember Bolkcom to approve the first reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING MINUTES OF JANUARY 28, 2002. Councilmember Billings stated that on page 12, he would like to make a change to a word in the fourth bullet. It should read as follows: "The sale shall be effected by July 1, 2003." Councilmember Bolkcom stated that on page 10, she made a motion to table the resolution until February 25. She said she would like the date added. MOTION by Councilmember Billings to approve the minutes with the corrections. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ORDINANCE NO. 1163 UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEROF (GENERALLY LOCATED NEAR 1200 - CHERI LANE N.E.)(WARD 1): „ Councilmember Billings stated that on page 3 of the Agenda, the last bullet of the resolution should read: "The sale shall be effected by July 1, 2003." MOTION by Councilmember Billings to waive the reading, adopt Ordinance No. 1163 as amended, and order publication. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 3. RECEIVE PETITION NO. 2-2002 IN SUPPORT OF STREET IMPROVEMENT PROECT NO. ST. 2002 -1: Councilmember Bolkcom stated that she does not have a problem with the petition but the number of votes was under 50 percent of the neighborhood. She received an additional nine telephone calls in support of the project. One no vote was received by her also. Mr. Haukaas has the zoning addresses with the additional names. MOTION by Councilmember Bolkcom to receive the additional "yes" telephone call votes, and additional letter as follows: Hart, David L& Wanda K 91 66`�' Way NE Fridley, MN 55432 Setering, Duane Peter & DC 71 66`� Way NE Fridley, MN 55432 " Yurke�y, David SR & Nickly L 80 66 Way NE v Fridley, MN 55432 Dupay, William & Paula 90 66`h Way NE Fridley, MN 55432 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 8 Johnson, Donald & Shirley 6600 Hickory ST NE Fridley, MN 55432 Langer, Mirth B TRUSTEE 6530 Hickory ST NE Fridley, MN 55432 Levoir, Richard E (letter) 10 66 1/2 Way NE Fridley, MN 55432 Hollen, Kermit & Frances 49 66`h Way NE Fridley, MN 55432 Johnson, Bonita R 25 - 66�' Way NE Fridley, MN 55432 Bjarklund, Marshall V & L 10 - 66`h Way NE Fridley, MN 55432 Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to receive Petition No. 2-2002 supporting the Edgewater Street Project with the additional item. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlvIMOUSLY. 13. INFORMAL STATUS REPORTS: Mr. Burns stated that the City newsletter will be out shortly. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. �� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11. 2002 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE FEBRUARY 11, 2002, CITY COUNCIL MEETING ADJOURNED AT 8:00 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING. FEBRUARY 6, 2002 CALL TO ORDER: Chairperson Savage called the February 6, 2002, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, Barbara Johns, Larry Kuechle, Dean Saba, Leroy Oquist Members Absent: None Others Present: Stacy Stromberg, Planner Julie Jones, Environmental Planner Jerry Thompson, 6831 East River Road Ann Bolkcom, Councilmember APPROVE THE JANUARY 2 2002 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the January 2, 2002, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: Consideration of a Lot Split, LS #02-01, by Jerry Thompson, to separate the property into two separate lots, generally located at 6831 East River Road. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:33 P.M. Ms. Stromberg stated that the petitioner is seeking to split the property into two single family lots - to construct an additional single family home. Code requires lots in the R-1 district to be a minimum of 75 feet in width with the minimum total lot area of 9,000 square feet. The proposed lot #2 will be 80 feet in width and 11,280 square feet in size after the split. The proposed lot #11 ` will be 80 feet in wi�ith and 9,473 square feet in size after the split. Both lots meet code requirements for lot width and area. The lot was initially two separate parcels and combined into one lot in 1968 for tax purposes. This lot split will restore the parcel to its original two lot configuration. Ms. Stromberg stated that if the lot split is approved, the vacant parcel will have access off Hickory Street. The existing home has access off East River Road. The lots exceed the minimum size requirements and provide additional home ownership opportunities for Fridley residents. Staff recommends approval of the lot split request with stipulations: r L PLANNING COMMISSION MEETING, FEBRUARY 6, 2002 PAGE 2 1. The petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plans shall be approved by the City's engineering staff prior to issuance of any building permits in order to minimize impacts to the surrounding properties. 3. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. The petitioner shall pay $750 required park fee for the newly created lot prior to issuance of building . 5. The petitioner shall pay all water and sewer connection fees. 6. The petitioner shall agree to preserve all mature trees to the extent possible. All trees required to be removed for the new home shall be marked and approved by City Staff prior to issuance of building permits. Mr. Oquist asked if the petitioner was going to construct a house on the second lot. Ms. Stromberg stated that she believed so. Mr. Jerry Thompson, petitioner, stated that he has no problem with any stipulations. Mr. Kondrick asked when he wants to start construction. Mr. Thompson stated that he would start construction in May. Ms. Johns asked if any neighbors had any questions. Ms. Stromberg stated they have not received any calls. Mr. Kuechle asked if there is any potential for a drainage problem. Ms. Stromberg stated that the stipulation for a grading and drainage plan is a standard stipulation requested by the Engineering Department when there is a lot split or plat addressing any possibte concems. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:38 P.M. Mr. Kondrick stated that this request seemed pretty simple. Ms. Johns agreed, Ms. Savage also agreed. ,, MOTION by Ms. Johns, seconded by Mr. Kondrick, to recommend approval of LS #02-01 with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plans shall be approved by the City's engineering staff prior to issuance of any building permits in order to minimize impacts to the surrounding properties. � PLANNING COMMISSION MEETING, FEBRUARY 6, 2002 PAGE 3 3. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. The petitioner shall pay $750 required park fee for the newly created lot prior to issuance of building . 5. The petitioner shall pay all water and sewer connection fees. 6. The petitioner shall agree to preserve all mature trees to the extent possible. All trees required to be removed for the new home shall be marked and approved by City Staff prior to issuance of building permits. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. CONSIDERATION OF A RECOMMENDATION FROM THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION (EQEC) TO SUPPORT LEGISLATION THAT WOULD RESTRICT THE SALE OF LAWN FERTILIZERS THAT CONTAIN PHOSPHORUS: Ms. Jones stated that this issue came about based on a request Mayor Lund received from the City of Shorewood to support State legislation they created last year and tried to pass last year. The EQEC investigated this request over a number of months. One of the components of the education plan of the Springbrook Watershed Implementation Project includes a plan to ban phosphorus fertilizers for the City of Fridley and the three neighboring cities involved. Voluntary efforts to try and get the industry to change their practices over a number of years have been unsuccessful. Local municipal bans have struggled and failed. The bans are about impossible to enforce because what city can afford to have fertilizer police out on Saturday mornings as people are fertilizing their lawns? It is also difficult to compete with national advertising. Cities struggle to get nonphosphorus-containing fertilizer on display at Menards or Bachmans or wherever, but people want what they have seen advertised on N. It is hard to compete with that. Education efforts have been overshadowed by multi-million dollar advertising campaigns. Phosphorus causes excess algae growth making lakes and ponds turn green. The submerged plants cannot get enough sunlight and die out and consume oxygen as they decompose. The fish and other organisms then die out because they cannot get enough oxygen to breathe. Ms. Jones stated that corrections are expensive and the typical lake phosphorus treatment costs $50,000-$75,000 for one treatment. Getting approval from lake shore owners to pay such extreme costs is difficult. The type of treatment tends to create other chemical imbalances that require further treatment. The irony is that phosphorus is not needed in fertilizers. Mr. Kondrick asked what phosphorus does. Ms. Jones stated that phosphorus is recommended for certain rypes of plants. This legislation would only pertain to lawn fertilizer; it would not pertain to garden fertilizer or fertilizer for flower beds where the phosphorus may be needed. In most cases, soil already has a high phosphorus content. Phosphorus is added to non-organic type lawn fertilizers. Phosphates were removed from detergents many years ago; yet in our very storm water system that does not go through treatment, there are no regulations on things like fertilizers. Phosphorus is a regional issue. Storm water coming through Rice Creek comes from Forest Lake and Hugo. Even if we control phosphorus in Fridley, there is so much water coming in from other areas that they have no control over. It is difficult to have an impact on national retailers. Water quality impacts property values. Green lakes would not be nice to swim in. High phosphorus levels are coming into the Springbrook wetlands from other cities, not land in Fridley's borders. Moore Lake is treated 3 PLANNING COMMISSION MEETING, FEBRUARY 6, 2002 PAGE 4 regularly for algae. Harris pond is treated every third year for phosphorus leveis and ever year for algae. The statewide legislation is a better approach than trying to do something on a city level. Ms. Jones stated the EQEC recommends restriction of the sale of phosphorus for all types of properties. That was not a clear point, and the Commission felt that this should apply to all types of property, not just residential. This should apply to commercial applicators, not just the homeowner. Staff concurs with the EQEC's recommendations and that there are many other education aspects that need to occur about phosphorus. Phosphorus in lawn fertilizers are only part of the problem. Some studies say that grass clippings and leaves getting into the storm water system are a much bigger problem as well as soil erosion. Mr. Kondrick asked what other communities and suburbs adjacent to us are going along with this program. Ms. Jones stated there are 36 cities. Plymouth is certainly one city that put a phosphorus ban in effect. Minneapolis is in progress. She has not heard of any City close to Fridley with the ban, but it has sounded more like a Hennepin County issue. Hennepin County has been active on doing some studies on it. Mr. Kondrick asked if Ramsey Counry was further along than Anoka County cities. Ms. Jones stated they could be because there are some Ramsey County cities on the list of supporters. Mr. Kuechle asked if the commercial applicators are controlling the amount of phosphorus being put on. Ms. Jones stated that she did not know that, but cities that have the bans have gone to the commercial applicators first. That might be due to the content of the fertilizer or they feel it is more critical to get that part started first. Mr. Kuechle stated that it may be easier because there is only a certain number of vendors to work with and they have the economic interest of not putting it in there if they do not have to. Mr. Kondrick asked if we were going towards a ban. Ms. Jones stated that is the way it was described in the education plan for the Springbrook project. The State tegislation restricts the sale of the fertilizer at the point of sale. It still would be out there and available, but you would have to prove with a soil test that you need it for the soil or apply it to a newly established lawn which needs some phosphorus to get it going. Mr. Kondrick stated that ChemLawn comes to his house and he will check it out. Ms. Savage stated ChemLawn would not be allowed to use phosphorus under this proposed legislation. Ms. Jones stated ChemLawn would not be allowed to purchase phosphorus just like everyone else. Ms. Savage asked if the Rice Creek Watershed was in favor of this. � PLANNING COMMISSION MEETING, FEBRUARY 6, 2002 PAGE 5 Ms. Jones stated she did not know. Mr. Oquist stated that he believes that the low phosphorus fertilizer is available now, but everyone wants the fe�tilizer containing phosphorus. MOTION by Mr. Saba, seconded by Ms. Johns, to recommend approval of supporting legislation to restrict the sale of lawn fertilizers that contain phosphorus. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Oquist asked when the legislation would come in 2002. Ms. Jones stated they were planning on introducing it very early in the session. She does not believe it has been introduced yet. Mr. Oquist asked why they would not send a letter to the local people such as State Representatives as well as the Governor. Ms. Jones stated that she assumes the Council will direct her to do that. The resolution states that the City is directing the legislature to support it. Mr. Kuechle asked if a bill exists and if it has a sponsor. Ms. Jones stated that the bill in the packet is what she has also. It does not have a number on it. 3. RECEIVE THE MINUTES OF THE DECEMBER 3, 2001. PARKS AND RECREATION COMMISSION MEETING: MOTION by Mr. Kondrick, seconded by Ms. Johns, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE DECEMBER 6 2001 HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Oquist, seconded by Mr. Kondrick, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE DECEMBER 12 2001 APPEALS COMMISSION MEETING MOTION by Mr. Kuechle, seconded by Ms. Johns, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5 PLANNING COMMISSION MEETING, FEBRUARY 6, 2002 PAGE 6 6. RECEIVE THE MINUTES OF THE DECEMBER 18 2001 ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING: MOTION by Mr. Johns, seconded by Mr. Saba, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE JANUARY 14. 2002, HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Oquist, seconded by Mr. Kondrick, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE THE MINUTES OF THE JANUARY 15 2002 ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING: MOTION by Ms. Johns, seconded by Mr. Saba, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the February 20`h Planning Commission meeting has been canceled. The next meeting will be March 6 with two items. Mr. Kondrick asked if Connie Modig's seat would be filled soon. Ms. Stromberg stated she will have an update on the vacancy at the March 6th meeting. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Saba, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE FEBRUARY 6, 2002, PLANNING COMMISSION ADJOURNED AT 7:57 P.M. Respectfully submitted, . � ' l ,�.J Sign L. Johns � Recording Secretary r.��• r � CfTY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 25, 2002 February 14, 2002 William Burns, City Manager � � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Lot Split Request, LS #02-01, Jerry Thompson M-02-19 INTRODUCTION Jerry Thompson is seeking to split the property located at 6831 East River Road into two single family lots in o�der to construct an additional single family home. PLANNING COMMISSION RECOMMENDATION At the February 6, 2002, Planning Commission meeting, a public hearing was held for LS#02-01. After a brief discussion, the Planning Commission recommended approval of the lot split request, LS #02-01, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner shall obtain all necessary building permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. Provide p�oof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. Petitioner to pay $750.00 required park fee for the newly created lot prior to issuance of building permits. " 5. Petitioner to pay all water and sewer connection fees. 6. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the homes shall be marked and approved by City staff prior to issuance of building permits. f/ City of Fridley Land Use Application LS-02-01 February 6, 2002 GENERAL INFORIVIATION SPECIAL INFORMATION Applicant: Jerry Thompson 14735 Hwy 65 NE Ham Lake MN 55304 Requested Action: Lot Split Purpose: To create an additional single-family lot. Exislinng Zoning: R-1 (Single Family Residential) Location: 6831 East River Road NE Size: 20,753 square feet .48 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Hickory Street S: Single Family & R-1 W: East River Road Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Confomkvice: Proposed lot sizes exceed City Code requirements. Zoning History: • 1952 — Lot is platted. 1952 — Home is buil� • 1953 — Garage is built. • 1958 — Porch added to home. Legal Description of Properly: Lot 2 and 11, Block 1, Ostman's First Addirion Public Utilities: Water and sewer are available at the site. : Transportation: East River Road provides access to the existing home. Hickory Street will provide access to new single-family lot. Physical Characterisrics: Level, open lot with only a few trees. SUIVIlVIARY OF PROJECT Jerry Thompson, petitioner, is seeking to split the property located at 6831 East River Road into two single family lots in order to const�uct an additional single family home. SUMMARY OF ANALYSIS City Staff recommends approval of this lot split request. • Proposed lots exceed the size standards required by the City of Fridley Zoning Code. • Provides additional homeownership opportunities for Fridley residents CITY COUNCIL ACTION/60 DAY DATE City Council — February 25, 2002 Existing Home Staff Report Prepared by: Stacy Stromberg LS #02-01 Analvsis Jerry Thompson, petitioner, is seeking to split the property located at 6831 East River Road into two single family lots in order to construct an additional single family home. This lot was initially two separate parcels, but was combined into one lot in July of 1968 for tax purposes. This lot split will restore the parcel to its original two-lot configuration. The property is zoned R-1 Single Family as are all surrounding properties. Fridley City Code requires that single-family lots in the R-1 zoning district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed Lot #2 will be 80 in width and 11,280 square feet in size. The proposed Lot #11 will be 80 feet in width and 9,473 square feet in size after the split. The petitioner intends to leave the existing home, which is located on Lot #11, in place. The existing home was built in 1952, with the garage being added in 1953. He also intends to build a new single family home on Lot 2. This parcel will haye access off of Hickory Street. (Photos: Left, western lot; Right, eastern lot.) Staff Recommendation City Staff recommends approval of this lot split request, with stipulations. • Lots exceed minimum size requirements. • Does provide additional homeownership opportunities for Fridley residents. Stipulations City Staff recommend that the following stipulations be placed upon approval of this request. 1. Petitioner shall obtain all necessary permits prior to construction. � 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. Provide proof that any existing wells or individual sewage treatment systems locafed on the site are properly capped or removed. 4. Petitioner to pay $750. 00 required park fee for the newly created /ot prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. 6. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new home sha/l be marked and approved by City staff prior to issuance of building permits. 10 RESOLUTION NO. A RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, LS #02-01, TO CREATE AN ADDITIONAL SINGLE FAMILY PARCEL, GENERALLY LOCATED AT 6831 EAST RIVER ROAD WHEREAS, the Planning Commission held a public hearing on the Lot Split, LS #02-01, on February 6, 2002 and recommended approval; and WHEREAS, the City Council at the February 25, 2002 meeting approved the Lot Split request; and WHEREAS, such approval was to create an additional single-family lot, based on new legal descriptions which read as follows: Proposed Parcel "A". Lot 11, Block 1, Ostman's First Addition, Anoka County, Minnesota, Except that part taken for road right-of-way as shown on Anoka County Highway Right-of-way Plat No. 42. Proposed Parcel "B": Lot 2, Block 1, Ostman's First Addition, Anoka County, Minnesota. WHEREAS, the City has received the required Certificate of Survey from the owners. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley directs the petitioner to record this Lot Split at Anoka County within six (6) months or said approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEYTHIS 25T" DAY OF February 2002. ATTEST: DEBRA A. SKOGEN - CITY CLERK 11 SCOTT J. LUND - MAYOR / AGENDA ITEM � CITY COUNCIL MEETING FEBRUARY 25, 2002 CRY OF FRIDLEY Date: February 19, 2002 To: William Bums, City Manager fi�� From: Scott Hickok, Communiry Development Director Paul Bolin, Planning Coordinator Julie Jones, Environmental Planner Subject: 2002 SCORE Recycling Funding Agreement Background: We have received the 2002 Anoka County Residential Recycling Agreement. This agreement allows us to receive up to $71,737.60 in state SCORE funds from Anoka County to subsidize the cost of our 2002 residential recycling program. This amount is 4% less than the amount we received in 2001. We have heazd that the State is threatening to retroactively reduce the County's SCORE funds this year by 10%. How that can be accomplished when the State already has given the funds to the urban Counties and they have agreements signed with the municipalities remains to be seen. Staff has reviewed the 2002 agreement attached and finds no noticeable language changes from the previous agreement. Recommendation: Staff recommends that the City Council approve this agreement at the February 25, City Council meeting for the City Clerk and Mayor's signatures so that the Ciry will qualify for our first 2002 SCORE payment mid- year. M-02-22 12 t Anolca Counry Conctact #2001-0373 aGREE��r"T FOR RESIDErTL�.L REC�C'CLIrG PROGR�I�I THIS aGREE�1ErT made and enrered into on ct:e 1 lth day of December, 2001, no�withstandin; the date of the si�natures of the parties, becwe�n che COUv"I'Y OF PuVOK.�, Stat� of �Iinr.esota, hereinafter referred to as the "CO��'�c"", and the CITY OF FRIDLE�C'> hereinafter referred to as the "�IL�ZCIPAL.ITY". �VITNESSETH: W'HERE�S, �noka Counry has received �787,�26.00 in funding from the Solid Waste �Iana�ement Coocdin�tin; Board and the State of �Iinnesota pursuant to �finn. Stat. § 11�A.557 (hereinaftzc "SCORE funds"); and �VHERE�S, the County wishes to assist ehe �iunicipality in meetin� recycling goals established by the Anoka County Boazd of Commissionecs by proviciin; said SCORE funds to cities and townships in the County for solid waste recycling pro�rams. NOtiY, THEREFORE, in consideration of the mutual covenants and promises contained in this A�reement, the parties mutually aa ee to the followin� terms and conditions: 1. PURPOSE. The purpose of this Aa eement is to provide for cooperation between the County and the vlunicipality to implement solid waste recyclin� pro�ams in the Nlunicipality. 2. TER�I. The term of this Aa eement is from January 1, 2002 throu�h December 31, 200?. unless earlier terminated as provided herein. 3. DEFIr'ITIONS. a. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 24a. b. "�Iulci-unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. c. "Opportunity to recycle" means providin� recycling and curbside pickup or collection centers for recyclable materials as required by Minn. Stat. § 115A.552. d. "Recycling" means the process of collectin� and preparino recyclable materials and reusin� the materials in their oria nal form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. e. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recyclin�, including paper, glass, plastics, metals, fluorescent lamps, major appliances and vehicle batteries. f. Refuse derived fuel or other material that is destroyed by incineration is no[ a recyclable material. 13 g. °Y"ard waste" sh:ill have �h� mz:uiin� set turth in �tinn. Scat. 3 t(�:�.03, subdivision 38. 4. PROGR��I. The �Iunicipality ;hall develop and implement a residencial solid waste recyclin� pro�r�m adequate to meec che �Iunicipaliry's annual recyclin; joal of 2,=10? tons of recvclable materials as escablish�d by thz County. The �tunicipality shall ensure that the recyclable materials coilected are delivered to processors or end markets for recycling. a. The �Iunicipal recyclinQ program shall include the followin, components: i. Each household (including multi-unit households) in the �Iunicipality shall have thz opportuniry to recycle at least four broad cypes of materials, such as pager, glass, plastic, metal and texciles. ii. The recyclin; pro�ram shall be ope:ated in compliance with all applicable federal, state, and local laws, ordinances, rules and re;ulations. iii. The �(unicipality shall imp(ement a public infocmation pro�ram that contains at least the followin; components: (1) One promoaon is to be mailed to each� household focused exclusively on the Niunicipaliry's recycling program; (2) One promotion advertisin; recyclina opportunities available for residents is to be included in the Nlunicipaliry's newsletter or local newspaper; and (3) Tw•o cominunity presentacions are to be �iven on recyclin�. The public information components listed above must promote [he focused recyclable material of the yeaz as specified by the County. The County will provide the Municipality wich back�round material on the focused recyclable material of the year. iv. The �Iunicipality, on an on�oing basis, shall idencify new residents and provide detailed information on the recyclin� opportunities available to these new residents. b. If the Municipaliry's recyclinJ pro�ram did not achieve the �lunicipality's recycling goals as established by the Counry for the prior calendar year, the Municipality shall prepare and submit to the County by March 31, 2000, a plan acceptable to County that is designed to achieve the recyclin� goals set forth in this A�eement. 5. REPORTI1�tG. The Llunicipality shall submit the following reports semiannually to the County no later than July 20, 2002 and January 20, 2003: a. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop-off centers. For recyclin� programs, the Mun.icipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recyclin; pro;rams run by other persons or entities, the �Iunicipality shall also provide documentation on forms provided by the Counry showin� the tons of materials that were recycled by the Municipality's residents throuQh these other pro�rams. The Llunicipality shall keep detailed records documentin� the � `� disposition of all cecyclable materiats collected pursuant to this a�eement. The �Iunicipality shall also report the number of cubic yards or tons of yard waste collected for composan� or landspreading, to;ether with a descripdoa of [he methodolo�v used for calculaaons. :�ny o�her msteriai removed from the waste s�r:.un bv the �Iunicipality, i.e. cires and uszd oil. shall also be reported sevara[elv. b. Information re;ardin� any revenue received from sources other chan the County for the �tunicipaliry's recyclinQ pro�rams. Copizs of all promotional materials that have been prepared by the ylunicipaliry durin� che term of this A�eement to promote its recyclin; pro�rams. The �iunieipalicy avrees to furnish the Councy with additional reports in form and at frequencies requested by the County for tinancial evaluation, pro�ram mana;ement purposes, and reportin� to the State of �Iinnesota. _ 6. BILLLrG e�►�YD PaYI�IEYT PROCEDURE. The �Iunicipality shatl submit itemized invoices semiannually to the County for abatement activities no later than July 20, 2002 and January 20, 2003. Costs not billed by January 20, 2003 will not be eli� bte for fundin�. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 7. ELIGIBILITY FOR FLir'DS. The �funicipality is entitled to receive reimbursement for eli�ible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $71,737.60. The project ma.�cimum for eligible expenses shall be computed as follows: a. A base amount of S 10,000.00 for recyclin� activities only; and b. 5�.4� per household for recyclin� activities only. S. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the Counry and the State of Minnesota. The Municipaliry shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and proa am income to final expenditure. The Municipaliry shall maintain records su�cient to reflect that all funds received under this A�reement were expended in accordance with Nlinn. Stat. § 115A.557, subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quanti[ies of materials recycled. All records and accounts shall be retained as provided by law, but in no even[ for a period of less than five years from the last receipt of payment from the County pursuant to [his A�reement. :�L'DIT. Pursuant to �Iinn. Stat. § 16C.0�, the �Iunicipality shall allow the County or other persons or a�encies authorized by the County, and the State of Minnesota, includin� the LeQislative Auditor or the State Auditor, access to the records of the Municipality at 3 15 ceasonabte hours, includin� all books, records, documents, and accouncin� procedures and practices of che �Iunicip�lity relevant to the subject matter of the A�eement, for purposes ot audit. In addition, the County sh:ill have access to the project site(s), if any> at reasonabte hours. 10. GE�ER�L PRO�ZSIO�S. a. In performin� the provisions of this A�reement, both parties a�ee to comply with all applicable federal, state or local laws, ordinances, rutes, regulations or standards estabtished by any aQency or special �overnmental unit which are now or heresfter promul�ated insofar as thzy relate co pzrformance of the provisions of this A,eement. In addiuon, the �Iunicip�zlity sh:ill comply with all applicable requirements of the State of �Iinnesota for the use of SCORE funds provided to the �Iunicipality by the County under this �rreem�nt. b. �'o person shall ille;�lly, on the grounds of race, creed, color, reli�ion, sex, marital status, pubiic assistance status, sexual preference, handicap, a�e or national ori�in, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discriminacion under any pro�ram, service or activity hereunder. The �[unicipality a;rees to take affirmative action so that applicants and employees are treated equally with respect to the followin;: employment, up;radin�, demotion, transfer, recruitment, layoff, termination, selection for trainin�, rates of pay, and other forms of compensation. c. The �Iunicipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The A�reement between the �lunicipality and a subcontractor shall obliaate the subcontractor to comply fully with the terms of chis A�reement. d. The �Iunicipality a�rees that the Municipality's employees and subconcractor's employees who provide services under this ajreement and who fall within any job classificacion established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wa'es rates as cer[ified by said Department. e. It is understood and a�reed tha[ the en[ire A�eemen[ is contained herein and that this A�reement supersedes all oral and written a�eements and negotiations between the parties relating to the subject matter hereof. f. Any amendments, alterations, variations, modifications, or waivers of this A�reement shall be valid only when they have been reduced [o writin�, duly signed by the parties. �. Concracts let and purchases made under this �Qreement shall be made by the l�lunicipaliry in conformance with all laws, rules, and regulations applicable to the Municipality. 4 16 h. The provisions of this A�reement are severabie. If any para�raph, section, subdivision, sen�ence, clause or phrase oi this ��reement is for any reasoa held to be contrary to law. such decision shall not affect che remainin; portiorc of this :�?reemen[. i. �ochin� in this �?:eemznt shall be conscrued as creacin� the relationship of eo- partners, joint ven�urers, or an associacion between the County and �Iunicipality, nor shall the �Iunicipality, its employees, a�ents or representatives be considered zmployees, a�ents, or represencatives of che County for any purpose. 11. PLBLIC�TION. The �funicipalicy shall acknowledge the financi�l assistance of the Councy on all promotional materials, reports and publicauons relating to the accivities ►unded under this A;re�r,iznt, by includin� the followin� acknowled�emznt: "Funded by the :�noka County Board of Commissioners and State SCORE funds (Select Committee on Recyclin� and the Environment). _ 12. I�iDEI�LrZFICATIOV. The County a�rees to indemnify, defend, and hold the Municipaliry harmless from all claims, demands, and causes of action of any kind or charactzr, includin� the cost of defense thereof, resul[in� from the acts or omissioas of its pub(ic otficials, officers, a�ents, employees, and contractors relatin� to accivities performed by the County under this A�reement. The �Iunicipality a,rees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resultin� from the acts or omissions of its public officials, officen, a�ents, empIoyees, and concractors relatin� to activities performed by the i�lunicipality under this A�reement. The provisions of this subdivision shall survive the termination or expiration of the term of this ��reement. _ 13. TERivIINATION. This AD eement may be terminated by mutual written a�eement of the parties or by either party, with or without cause, by givin� not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of . ternunation. If this AQreement is ternunated, assets acquired in whole or in part with funds provided under this A�eement shall be the property of che tifunicipality so long as said assecs are used by the Municipality for the purpose of a landfill abatement pro�am approved by the County. 17 Ir `�TTrESS WHEREOF, the parties hereunto set their hands as of the dates firsc wricten above: CIT�C" OF FRIDLE�C' By: ��z: Title: Date: By: Municipality's Clerk Date: Approved as to Porm and le�ali[y: CO L'rT�c" O F a � OI�.� sy: Dan Erhart, Ch�urman �noka County Board of Commissioners Date: ATTEST: John "Jay" �IcLinden County Administrator Date: Approved as to form and le;ality: Assistant Countv Attornev !:•CIVAZ'CY�PCH�tatev�sted WuceU.OW-TECFi�RECYCLLti1CONiRACP�RECYC?00'_'.wpd a � � CffY OF fRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 25, 2002 February 19, 2002 William Burns, City Manager �� Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Julie Jones, Environmental Planner SWAP Fee Increase Background During the recent adoption of a new Section 113 of City Code, the City Council was given authority to increase the Solid Waste Abatement Program (Recycling Service) Fee on resident's City utility bills by resolurion. This new method of fee adjustment was suggested due to the newly-imposed limitarion on tax increases since now we will need to adjust the fee every yeaz to keep up with inflation. An increase in the SWAP fee is needed at this time for a number of reasons: 1. Fridley's contracted curbside recycling contract rates are increasing 4% effective April 1, 2002 2. Monthly recycling drop off participation continues to increase, increasing transportarion and processing costs 3. The City is being required to implement recycling in our City pazks that have buildings 4. The City of Fridley is receiving less SCORE funding for recycling acrivities this year, with the State threatening to cut an additional 10%. The City really needs a double-digit increase to balance this fund, but, due to the City's tax increase limit, we can only increase the fee 4.2%. This would increase the recycling service fee from $5.50/quarter to $5.73/quarter. This is a$.92 annual increase per residence. Recommendation Staff recommends that the City Council adopt the attached resolution, directing staff to increase the recycling service fee to $5.73/quarter effective with the April 1, 2002, utility billing. M-02-23 19 RESOLUTION NO. -2002 A RESOLUTION APPROVING RECYCLING SERVICE FEES WHEREAS, State Statute 115A.552, Subdivision 2, requires the City of Fridley to provide, at minimum, curbside recycling services; and WHEREAS, the City of Fridley has chosen to provide Fridley residents with several recycling services, including curbside recycling services, recycling drop off days, and a yard waste transfer site; and WHEREAS, the State provides only partial funding to subsidize the City's recycling efforts so that remaining costs must be paid by the user of such services. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley that the per dwelling unit service fee charged to all single through 12-unit multi-unit residential buildings serviced by the City's residential recycling service contract in the City be set at $5.73 per dwelling per quarter effective with the April 1, 2002, utility billing. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _�_ DAY OF FEBRUARY, 2002. ATTEST: DEBRA A. SKOGEN — CITY CLERK 20 SCOTT J. LUND - MAYOR / � ClTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 25, 2002 Date: February 19, 2002 � To: William Burns, City Manager �� From Subject: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Julie Jones, Environmental Planner Support State Restrictions on the Sale of Phosphorus Lawn Fertilizers Background The City of Fridley has received a request from the City of Shorewood to support a bill designed to limit the sale of lawn fertilizers containing phosphorus. Besides Shorewood, 36 other Cities have passed resolutions supporting State restrictions on phosphorus. The reason why so many municipalities are concerned is that phosphorus gets in urban storm water runoff and contributes to chemical imbalances in our bodies of water, which cannot easily or inexpensively be corrected. Excess phosphorus in waterways contributes to excessive algae growth. Besides being unsightly, too much algae blocks out sunlight for submerged plants. When algae die and decompose, they consume oxygen. Without enough oxygen in the water, fish and other organisms die, because they can't breath. Correcting the problem after it has occurred is costly. Lake Restoration, a company that Fridley currently contracts with for pond and lake treatment, reports that the average cost to treat a lake for high phosphorus content is $50,000-$75,000. Such high costs, of course, are prohibitive for lakeshore residents to afford, so the best solution is prevention of the problem. Most lawn fertilizers sold in Minnesota have phosphorus added to them — even though, 80% of lawn soils in the State already contain higher than necessary phosphorus levels. There has been much effort by various Minnesota communities to restrict the use and sale of phosphorus lawn fertilizers, but they have found it very difficult and expensive to compete with the high dollar advertising of national companies. In Fridley, we are faced with the problem of high phosphorus levels in our waterways. Recent testing at Springbrook Nature Center found high phosphorus levels in storm water runoff coming into the park. One of the steps in the education component of the upcoming Springbrook Watershed Implementation Project is to ban the use of phosphorus lawn fertilizers. Because it is costly to implement and enforce such a measure, it is a more sound option to support a statewide effort to a solution to a common problem. The Planning Commission and the Environmental Quality and Energy Commission have reviewed and recommended Council approval of the attached letter to the Governor and resolution. 21 Recommendation Staff recommends that the City Council support the effort to restrict the sale of phosphorus-containing lawn fertilizers in Minnesota by authorizing the Mayor to execute and forward the attached letter to the Govemor and resolution to our State legislators. M-02-21 �� _ _ C[IYOF FR[DLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(763) 571-3450 • FAX (763) 571-1287 February 26, 2002 The Honorable Jesse Ventura Governor, State of Minnesota 130 State Capitol 75 Constitution Avenue St. Paul, MN 55155 Dear Governor Ventura: I would like to call your attention to a legislative proposal that will be introduced in the 2002 legislative session. It calls for the State of Minnesota to restrict, with reasonable exceptions, the sale and use of lawn fertilizers that contain phosphorus. The City of Fridley supports this legislation, because the City views it as an opportunity to protect the economic and recreational value of our watenNays. A resolution verifying Fridley's support is attached. Many local elected officials, including myself, are concerned about the quality of water in our communities. Phosphorus is one of the key chemicals that degrades water quality and turns lakes and streams from blue to green with algae blooms. Across vast parts of the state, phosphorus naturally exists in abundance in the soil. So, it's not necessary to add phosphorus to lawns. When phosphorus is added to lawns through the standard fertilizers sold in Minnesota, as much as 25 percent of that phosphorus ends up in our lakes and streams. Treating just one lake, like Moore Lake in Fridley, for high phosphorus levels costs $50,000-$75,000 per treatment. It makes much more financial and practical sense to tackle this problem from a prevention standpoint. But, communities like ours need the assistance of a State law in this regard. We can ban the use of phosphorus-containing lawn fertilizers within our City's borders, but we have storm water coming into our community from as far away as Forest Lake, Minnesota. How can we control what residents are applying to their lawns 20 mile away? We believe that the most effective and cost-efficient way to address this matter is for the State to control the phosphorus content of lawn fertilizers sold in Minnesota. Our City, and cities throughout the State, are not capable of being fertilizer police. The time is right for this new law. Sincerely, Scott J. Lund Mayor City of Fridley 23 RESOLUTION NO. -2002 A RESOLUTION RELATING TO RESTRICTIONS ON THE USE AND SALE OF PHOSPHORUS LAWN FERTILIZERS WHEREAS, the City of Fridley values the quality of many water amenities in the community, like Moore Lake, Rice Creek Springbrook Creek, and the Mississippi River; and WHEREAS, there has long been established a well-documented relationship between the use of phosphorus-containing lawn fertilizers and the degradation of water quality; and WHEREAS, as a matter of policy, the City of Fridley desires to reduce the consumption and use of phosphorus-containing lawn fertilizers; and WHEREAS, subject to unique circumstances, regional soil conditions have an abundance of natural phosphorus; and WHEREAS, industry leading fertilizer manufacturers and retailers have faifed to produce and market low phosphorus lawn fertilizers to the public; and WHEREAS, over two decades of public education has had minimal effect when in competition with corporate advertising and their refusal to formulate to local needs; and WHEREAS, the City of Fridley finds it important to encourage the reduction in the use of phosphorus-containing lawn fertilizers within and beyond the City of Fridley borders; NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley declares its commitment to phosphorus lawn fertilizer reduction by encouraging the adoption of State law regarding restriction of use and sale of phosphorus-containing lawn fertilizers in the State of Minnesota. BE IT FURTHER RESOLVED, that the City of Fridley does request and encourage its State legislative delegation to consider and enact legislation to regulate and limit the use and sale of phosphorus-containing lawn fertilizers. PASSED AND ADOPTED BY THE CITY COUNCII. OF THE CITY OF FRIDLEY TffiS DAY OF . 2002. ATTEST: DEBRA A. SKOGEN, CITY CLERK 24 SCOTT J. LLJND, MAYOR � � QTY OF FRIDLEY TO: FROl�i: SUBJECT: DATE: AGENDA ITEM COUNCIL MEETING OF FEBRUARY 25, 2002 WILLIAM W. BURNS, CITYMANAGER �1/ RICHARD D. PRIBYL, FINANCE DIRECTOR �(� RESOL UTION EXECUTING ANAMENDMENT TO THE LOAN AGREEMENT AND A SUPPLEMENTAL TRIIST INDENTURE FOR SENIOR HOUSING REVENUE BONDS February 21, 2002 The City Council passed a resolution on June 28, 1999, providing for the issuance and sale of Senior Housing Revenue Bonds to provide funds for a senior housing project, on behalf of Minnesota Christian Homes of Fridley, Inc. We have been asked by Briggs and Morgan, Bond Counsel, to pass another resolution related to the same project. This resolution provides the following: • An amendment to Loan Agreement which corrects references to certain sections in the Indenture and corrects the monthly Replacement Reserve Fund deposit amount. • A Supplemental Indenture which coRects cross-references to certain sections within the Indenture, corrects the monthly Replacement Reserve Fund deposit amount and reverses the order of the ninth and tenth items paid out of the Revenue Fund. • A copy of the Waiver from the sole holder of the Bonds which consents to the Amendment to Loan Agreement and the Supplemental Indenture and allows Wedum Foundation to act as the manager of the housing project. It is their hope that by employing a true manager for the project that it will be able to provide better service to the residents. Staff has reviewed the attached resolution with Jim O'Meara, the City's Bond Counsel and recommends approval. RDP/me Attachment(s) �� RESOLUTION NO. - 2002 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO LOAN AGREEMENT AND A SUPPLEMENTAL TRUST INDENTURE WHEREAS, the City of Fridley, Minnesota (the "City") has heretofore issued its $10,090,000 Senior Housing Revenue Bonds (Banfiil Crossing Homes Project), Series 1999 (the "Bonds") pursuant to an Indenture of Trust, dated as of August 1, 1999, (the "Indenture") by and between the City and U.S. Bank Trust National Association, as Trustee, to finance certain costs associated with the acquisition and construction of a certain independent living facility for the elderly (the "Project") incurred by Minnesota Christian Homes of Fridley, Inc., (the "Borrower"). WHEREAS, the City and the Borrower executed a Loan Agreement, dated as of August 1, 1999, as amended by the Amendment to Loan Agreement, dated as of April 1, 2000 (the "Loan Agreement") in connection with issuance of the Bonds. WHEREAS, the Bonower has requested that the Loan Agreement be amended to, among other things, correct references to certain sections in the Indenture and to correct the monthly Replacement Reserve Fund deposit amount. WHEREAS, the Borrower has requested that the Indenture be amended to, among other things, correct cross-references to certain sections within the Indenture, to correct the monthly Replacement Reserve Fund deposit amount and to reverse the order of the ninth and tenth items paid out of the Revenue Fund. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley, Minnesota, hereby authorizes the Mayor and City Manager to execute the Second Amendment to Loan Agreement and the Supplemental Trust Indenture on behalf of the City in substantially the forms submitted. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2002 Attest: Debra A. Skogen — City Clerk 2 26 Scott J. Lund - Mayor SUPPLEMENTAL TRUST INDENTURE THIS SUPPLEMENTAL TRUST INDENTURE (the "Supplemental Indenture"), dated as of the 1 st day of February, 2002, by and between the CITY OF FRIDLEY, MINNESOTA, a Minnesota municipal corporation (the "Issuer") and U.S. BANK NATIONAL ASSOCIATION, (formerly, U.S. Bank Trust National Association) a national banking association and having its main office and place of business in the City of St. Paul, Minnesota (the "Trustee") WITNESSETH: WHEREAS, the Issuer has issued under the Indenture of Trust, dated as of August 1, 1999, (the "Indenture") its $10,090,000 Senior Housing Revenue Bonds (Banfill Crossing Homes Project), Series 1999 (the "Bonds"), to finance certain costs associated with the acquisition and construction of a certain independent living facility for the elderly (the "Project") incurred by Minnesota Christian Homes of Fridley, Inc., a Minnesota non-profit corporation (the "Corporation"); and WHEREAS, the Corporation represents that it would like to correct several technical errors in the Indenture and modify the order of the application of moneys in the Revenue Fund; and WHEREAS, the Corporation represents that pursuant to a Waiver, Consent and Direction to the Trustee from the Majority Owner dated February 18, 2002 the Majority Owner has consented to the changes made to the Indenture by this Supplemental Indenture and has directed the Trustee to waive certain obligations of the Corporation specified in the Indenture and in the Loan Agreement, dated as of August 1, 1999, as amended by the Amendment to Loan Agreement, dated as of April 1, 2000 and by the Second Amendment to Loan Agreement, dated as of the date hereof (the "Loan Agreement"), between the Issuer and the Corporation; and NOW, THEREFORE, the Indenture is amended as provided herein. 1. Section 5.3(2) of the Indenture is amended to reverse the order of clauses (i) and (j) and to restate such clauses to read as follows: "(i) ninth, if in any prior month the amounts to be deposited in the funds set forth above have not been deposited, then to such funds the amounts to be deposited in any prior month to such funds but not so deposited, in the priority set forth above; (j) tenth, to the Operating Deficit Fund, the balance, until the Operating Deficit Fund is fully funded in cash in an amount equal to the Operating Deficit Requirement ($300,000);" 2. Subsection 5.3(2)(h) of the Indenture is amended and restated as follows: "(h) eighth, to the Replacement Reserve Fund, an amount equal to $20.83 per unit per month as such amount may be adjusted pursuant to Section 2.3(3) of the Loan Agreement;" 3. The third sentence of Section 5.4 of the Indenture is amended to correct the reference to Section 5.3(2) and is restated as follows: 3 27 "Thereafter the Trustee shall deposit in the Bond Fund, as received, each of the Loan Repayments, any interest on Loan Repayments not paid when due and any other moneys paid to the Trustee under the Loan Agreement or this Indenture for credit or transfer to the Bond Fund, including moneys transferred pursuant to Section 53(2)(b) hereof." 4. The second to last paxagraph of Section 5.5 of the Indenture is amended to correct the reference to Section 5.3(2) and is restated as follows: "If any amount is transferred from the Bond Reserve Fund to the Bond Fund pursuant to this Section 5.5 as a result of the failure of the Corporation to make the Loan Repayments required by Section 2.2(1), (2) or (3) of the Loan Agreement, the Trustee shall thereafter credit to the Bond Reserve Fund all payments received by the Trustee from the Corporation pursuant to Section 2.3(2) of the Loan Agreement and amounts transferred from the Revenue Fund pursuant to Section 5.3(2)(d)." 5. The second sentence of Section 5.8 of the Indenture is amended to conect the reference to Section 5.3(2) and is restated as follows: "The Trustee shall make information regarding the Bonds and investments hereunder available to the Corporation, shall make deposits (pursuant to Section 5.3(2)( fl hereof or otherwise) and disbursements from the Rebate Fund in accordance with the instructions received from the Corporation pursuant to the rebate calculations referred to in Section 7.9(11) of the Loan Agreement, shall invest the Rebate Fund pursuant to the requirements of the Corporation Tax Certificate and shall deposit income from such investments immediately upon receipt thereof in the Rebate Fund." 6. The second sentence of Section 5.13 of the Indenture is amended to correct the reference to Section 5.3(2) and is restated as follows: "There shall be deposited into the Operating Deficit Fund all moneys received by the Trustee pursuant to the provisions of Section 2.3(4) of the Loan Agreement and any amounts transferred from the Revenue Fund pursuant to Section 5.3(2)(j) hereof and from the Supplemental Reserve Fund pursuant to Section 5.15 hereof." 7. The second paragraph of Section 5.13 of the Indenture is amended to correct the reference to Section 5.3(2) and is restated as follows: "If (a) on any date there exists an Operating Deficit as defined in the Loan Agreement, or (b) on any Interest Payment Date, Principal Payment Date or Redemption Date there is a deficiency in the Bond Fund for payment of principal, premium, if any, or interest then due with respect to all Bonds, the Trustee shall, before making any transfer from the Bond Reserve Fund pursuant to Section 5.5 hereof, transfer from the Surplus Fund, first, the Supplemental Reserve Fund, second, the Operating Deficit Fund, third, and from the Replacement Reserve Fund, fourth, to the Bond Fund an amount equal to such deficiency; provided however, that such amounts transferred from the Operating Deficit Fund shall be restored to the Operating Deficit Fund by the Corporation making Additional Payments pursuant to Section 2.3(4) of the Loan Agreement and by transfers from the Revenue Fund pursuant to Section 5.3(2)(j) hereof." 8. Except as herein amended, all terms and provisions of the Indenture as originally executed as of August 1, 1999 shall remain in full force and effect. 4 28 IN WITNESS WHEREOF, the Issuer and the Trustee have caused this Supplemental Indenture to be duly executed on the date first written above. U.S. BANK TRUST NATIONAL ASSOCIATION By: Its Authorized Officer 5 29 CITY OF FRIDLEY, MINNESOTA By: Mayor By: City Manager 30 CORPORATION CONSENT In accordance with Section 11.6 of the Indenture of Trust, dated as of August 1, 1999, by and between the City of Fridley, Minnesota, a Minnesota municipal corporation (the "Issuer") and U.S. Bank National Association, (formerly, U.S. Bank Trust National Association) a national banking association, (the "Trustee") MINNESOTA CHRISTIAN HOMES OF FRIDLEY, INC., a Minnesota non-profit corporation, hereby consents to the foregoing Supplemental Trust Indenture between the Issuer and the Trustee. FRIDLEY, INC. MINNESOTA CHRISTIAN HOMES OF : Its: 7 31 SECOND AMENDMENT TO LOAN AGREEMENT THIS SECOND AMENDMENT TO LOAN AGREEMENT (the "Amendment"), dated as of the 1 st day of February, 2002, by and between the CITY OF FRIDLEY, MINNESOTA, a Minnesota municipal corporation (the "Issuer") and MINNESOTA CHRISTIAN HOMES OF FRIDLEY, INC., a Minnesota nonprofit corporation (the "Corporation") WITNESSETH: WHEREAS, the Issuer has issued under the Indenture of Trust between the Issuer and U.S. Bank Trust National Association (the "Trustee"), dated as of August 1, 1999, (the "Indenture") its $10,090,000 Senior Housing Revenue Bonds (Banfill Crossing Homes Project), Series 1999 (the "Bonds"), the proceeds of which were used to finance certain costs of the acquisition and construction of a certain independent living facility for the elderly (the "Project") incurred by the Corporation in connection with the proposed financing; and WHEREAS, the Issuer and the Corporation have entered into a Loan Agreement, dated as of August l, 1999, as amended by the Amendment to Loan Agreement, dated as of April 1, 2000 (the "Loan Agreement") in connection with the issuance of the Bonds; and WHEREAS, the Corporation would like to correct several technical errors in the Loan Agreement; and WHEREAS, the Corporation represents that pursuant to a Waiver, Consent and Direction to the Trustee from the Majority Owner dated February _, 2002 the Majority of Owners have consented to the changes made to the Loan Agreement by this Amendment and have directed the Trustee to waive certain obligations of the Corporation specified in the Indenture and in the Loan Agreement; and NOW, THEREFORE, the Indenture is amended as provided herein. 9. The definition of Project Excess Cash Flow in Section 1.1 of the Loan Agreement is amended to correct the reference to Section 5.3(2) and is restated as follows: "Project Excess Cash Flow means an amount equal to Gross Revenues, less the deposits required to be made pursuant to Sections 5.3, 5.4, 5.5, 5.6, 5.7, 5.8 and 5.9 of the Indenture to the Rebate Fund, the Bond Reserve Fund, the Operations and Maintenance Fund, the Bond Fund, the Surplus Fund (pursuant to Section 5.3(2)(g) only) and the Replacement and Reserve Fund." 10. The first sentence of Subsection 2.2(4) of the Loan Agreement is amended to correct the reference to Section 5.3(2) and is restated as follows: "The Corporation shall be entitled to a credit against the initial payments due under subsections (1), (2) and (3) in an amount equal to the accrued interest and any capitalized interest with respect to the Series 1999 Bonds deposited into the Bond Fund upon issuance of the Series 1999 Bonds and amounts transferred to the Bond Fund pursuant to Section 5.3(2)(b) of the Indenture." 8 32 11. The last sentence of Subsection 2.3(2) of the Loan Agreement is amended to correct the reference to Section 5.3(2) and is restated as follows: "There shall be credited as Additional Payments hereunder amounts transferred to the Bond Reserve Fund pursuant to Section 5.3(2)(e) of the Indenture." 12. The first sentence of Subsection 2.3(3) of the Loan Agreement is amended to correct the monthly Replacement Reserve Fund deposit amount and is restated as follows: "Commencing on the fifteenth day of the first month after the Completion Date and on the fifteenth (15th) day of every month thereafter, the Corporarion shall make monthly payments to the Trustee for deposit to the Replacement Reserve Fund equaling $20.83 per unit per month, adjusted each year for any increase in the consumer price index until September 15, 2004 when such monthly deposit shall be equal to the amount set out in the most recent report of the Independent engineer as required by Section 4.9 hereof; provided that such amount shall never be less than $20.83 per unit per month as such amount may have been adjusted according to the consumer price index for any such year." 13. The last sentence of Subsection 2.3(4) of the Loan Agreement is amended to correct the reference to Section 5.3(2) and is restated as follows: "There shall be credited as Additional Payments under this subsection 2.3(4) amounts transferred to the Operating Deficit Fund pursuant to Section 5.3(2)(j) of the Indenture." 14. The last sentence of Section 4.9 of the Loan Agreement is amended to conect the monthly Replacement Reserve Fund deposit amount and is restated as follows: "In no event, however, shall such monthly deposits into the Replacement Reserve Fund be less than $20.83 per unit per month as may be increased by the annual consumer price index adjustments." 15. Except as herein amended, all terms and provisions of the Loan Agreement as originally executed as of August 1, 1999 and as amended by the Amendment to Loan Agreement, dated as of April 1, 2000 shall remain in full force and effect. IN WITNESS WHEREOF, the Issuer and the Corporation have caused this Amendment to be duly executed on the date first written above. MINNESOTA CHRISTIAN HOMES OF FRIDLEY, INC. : Its 9 33 CITY OF FRIDLEY, NIINNESOTA By: Mayor By: City Manager 34 � f QTY OF FRIDLEY To: From: Date: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 25. 2002 William W. Burns, City Manager ��" � Richard D. Pribyl, Finance Director � Deb Skogen, City Clerk February 21, 2002 Re: Italian American Foundation Club Permit Renewal — Main Event, 7820 University Avenue NE Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Italian American Foundation Club is currently conducting charitable gambling at the Main Event, 7820 University Avenue NE. Their Charitable Gambling Premise Permit expires on June ?0, 2002. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective July l, 2002 and expire June 30, 2004. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. 35 RESOLUTION NO. - 2002 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A NIINNESOTA LAWFUL GAMBLING PREMISE PERNIIT FOR ITALIAN AMERICAN FOUNDATION CLUB (MAIN EVENT, 7820 UNIVERSITY AVENLTE NE) VVHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota ° Lawful Gambling Premise Perinit for the Italian American Foundation Club; and WHEREAS, the location of the Premise Permit is for the Main Event, 7820 University Avenue NE, and will be effective from July 1, 2002 to June 30, 2004; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Pernut Application for the Italian American Foundation Club at the Main Event located at 7820 University Avenue NE. PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS _ DAY OF 2002. ATTEST: DEBRA A. SKOGEN - CITY CLERK 36 SCOTT J. LUND - MAYOR � L CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 25, 2002 TO: FROM: SUBJECT: DATE: WILLIAM W. BURNS, CITY MANAGER � � CHUCK MCKUSICK, FIRE CHIEF FIREFIGHTER RELIEF ASSOCIATION BYLAW AMENDMENT FEBRUARY 19, 2002 I have been requested by the firefighters' Relief Association President, Clinton Coppicus, to forward to Council a resolution which ratifies an amendment to the Association's by laws. Minnesota Statutes 472A requires the City's governing body to ratify any bylaw change which affects pension benefits. This amendment represents a change to the method for accumulating "credited service" towazd the firefighters' pension. When we converted the pension plan from a defined benefit to a defined contribution plan, the bylaws required accumulation of "credited weeks of service." The State Auditor has asked that we change that method to "credited months of service." This does not represent a change in any financial obligation by the City. The Association's Boazd of Trustees and the Association membership have duly adopted the amendment in accordance with the Association's bylaw amendment procedure. Please place this item on the February 25 agenda. If there are any questions, I would be pleased to forward them to Mr. Coppicus for reply. cc: Clinton Coppicus, FVFRA President Richard Pribyl, Finance Director and ex officio Association Trustee John Berg, Association Secretary and Trustee Debra Skogen, City Clerk Dir: Relief Association\Benefit Resolution Council Ratification 2002 37 RESOLUTION NO. - 2002 RESOLUTION RATIFYING FIREFIGHTER RELIEF ASSOCIATION BYLAW AMENDMENT WHEREAS, the Ciry of Fridley's Fire Department firefighters relief association has been requested by the Minnesota State Auditor to amend its bylaws to provide for the crediting of - firefighter service on a monthly rather than weekly basis, and WHEREAS, the Firefighters Relief Association and its Board of Trustees have approved an amendment to the Association's bylaws which formally adopts the monthly crediting method, and WHEREAS, Minnesota Statutes Chapter 472A requires ratification by the local governing body of any bylaw change which may affect benefits, irrespective of financial impact on the City from such change, NOW, THEREFORE, BE IT RESOLVED that the City of Fridley hereby ratifies the City of Fridley Volunteer Firefighter's Relief Association By-Laws amendment adopted by the Association to accumulate firefighter pension credit service on a monthly rather than weekly basis, in conformance with the written recommendations of the Minnesota State Auditor. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF FEBRUARY, 2002. ATTEST: DEBRA A. SKOGEN, CITY CLERK K�` • SCOTT J. LLJND - MAYOR � � CfTY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 25, 2�02 William W. Burns, Ci Mana er � ry g � Jon H�iaukaas, Public Works Director February 25, 2002 2002 Miscellaneous Concrete Repair Project No. 344 PW02-021 On Wednesday, February 20, 2002, bids were opened for the 2002 Miscellaneous Concrete Repair Project No. 344. Specifications were sent to 11 contractors and eight bids were received. The low bid was submitted by Ron Kassa Construction of Elko, MN, in the amount of $63,501.25. The 2002 project includes remedial sidewalk repair, repair of concrete street panels, and repair or replacement of concrete curb due to utiliry repairs or driveway entrance permits. Ron Kassa has held this contract with the City for the past two years and has provided very good service. Recommend the City Council receive the bids and award the contract for the 2002 Miscellaneous Concrete Repair Project No. 344 to Ron Kassa Construction in the amount of $63,501.25. JHH:cz Attachment 39 BID FOR PROPOSALS NIISCELLANEOUS CONCRETE REPAIR PROJECT NO. 344 FEBRUARY Z0, 2002, 10:00 A.M. . � '��> : � Y� - �� . �� w�� ,k. � '.. � � r. � � � : � & _ � "��i � ,.� �.� n ��,� � ,� � t" T ._ �� '�`� �..� � PL`A�'HC}I:DER � � $ID� BEiNi} " ��=:� "� BID! , . ��.`'� _ � � � ��T��` , Ron Kassa Construcrion Old Republic $63,501.25 6005 250th Street East Elko MN 55020 Gunderson Bros Cement Contractors Capital Indemnity $72,725.00 2325 Snelling Ave Minneapolis MN 55404 Halvorson Concrete United Fire & $82,800.00 1345 157th Ave NE Ste C Casualty Ham Lake MN 55304 O'Malley Construcrion Inc AIA $83,062.50 35799 241 Avenue Le Center MN 56057 Standard Sidewalk Inc Granite Re $89,510.00 13450 Andrews Ave Lindstrom MN 55045 Crearive Curb LLC Money Order $89,867.50 64358 375 St Watkins MN 55389 MC Builders Granite Re $97,727.00 12918 lst Street Becker MN 55308 Gladstone Construcrion Inc United Fire & $118,800.00 1315 Frost Avenue Casualty St Paul MN 55109 CG Construcrion NO BID 1733 Liberty Street Mora MN 55051 Midwest Concrete Specialries Inc NO BID 5001 160th Street West Rosemont MN 55068 Tenson Construcrion NO BID 39036 CR 225 Big Fork MN 56628 . � City of Fridley TO: William W. Burns, Ci Mana er ��'� �Y g � FROM: Jon H. Haukaas, Public Works Director DATE: February 20, 2002 SUBJECT: Cleaning Services Contract PW02-020 We have requested proposals for cleaning services for the Municipal Center and the Municipal Garage from 10 companies and received nine responses. The attached memo from Bob Nordahl gives a summary of the four loti�est proposals. We are recommending approval of the contract for cleaning services from Corporate Cleaners, Inc. of Andover, MN. We will issue a 30 day notice of contract termination to Brigitte 011endick on or before March 1, 2002. This will allow time for us to complete the required background checks on the Corporate Cleaners personnel for an April 1 contract start. JHH:cz Attachment 41 City of Fridley TO: Jon H. Haukaas, Public Works Director FROi�1: Bob Nordahl, Operations Analyst DATE: February 15, 2002 SUBJECT: Janitorial Service Proposals PW02-018 In January we sent out 10 requests for proposals to clean the Municipal Center and Garage. Nine proposals were received by Friday, February 8, 2002. (See attached summary) The 2002 budget identified $42,000 to clean the Municipal Center and �5,300 to clean the Municipal Garage for a total of $47,300. Looking over the proposals, Corporate Cleaners, Inc., submitted the lowest cost plan for cleaning these two buildings of $30,416.40. Hare Stuart, Owner of Corporate Cleaners, stated that he would have two people cleaning and one which oversees the meetings when needed. He or another supervisor check the buildings to ensure the cleaning is completed satisfactorily. Corporate Cleaners just recently signed a contract with Golden Valley to clean five buildings including city hall. Also the City of Anoka just signed with Corporate Cleaners. I spoke with Al Lundstrom of Golden Valley who stated that Corporate Cleaners started on Monday, February 4, 2002. He stated he is very pleased with their work and had many employees tell him that their offices have never been so clean. They have three cleaners assigned to the City of Golden Valley plus the supervisor person. They do not require the cleaning personnel to set up meetings or make coffee. Kevin Lickness stated that Corporate Cleaners will start cleaning the City of Anoka next Tuesday, February 19, 2002. The cleaning personnel have now cleared all background checks and will start next week. He received all good references concerning Corporate Cleaners prior to his decision to contract with them. I also checked with Cliff Stalke of Island of View Golf and Restaurant in Medina. He gave me a very good reference for Corporate Cleaners. Brigitte 011endick's proposal was $47,286 for both buildings (no change from last year). Brigitte's proposal includes basically the same plan as other years with three back-up personnel she calls on when needed. 42 February 20, 2002 Page 2 Coverall Cleaning Concepts, Sharon Waters, presented a proposal of �48,226.56. The Coverall Cleaning Goncepts is a national organization with franchise owners. They will provide two or three cleaners depending on the meetings to clean both buildings. They provide supervision from the franchise owner and corporate inspections on an assigned schedule. They provided numerous references and currently have seven cities plus the Hennepin County Government Genter. These cities are Robbinsdale, New Brighton, Maple Grove, Rosemount, Hopkins, Brooklyn Park and Mounds View. I called Jeanna Townshal of New Brighton and she was very pleased with their franchise owner of Coverall Cleaning concepts. They have two people assigned to clean ciry hall. (They do not do meetings) She is very pleased with the owner of the franchise and corporate personnel who check with her continually. I received the same comments from Bruce Miller of Robbinsdale and Terry Allick from Maple Grove. I also checked with Bret Olinness from Brooklyn Park. Coverall has all buildings except city hall. He may give the ciry hall to Coverall when the contract period ends with the current cleaning firm. I did not hear back from the City of Mounds View. Deitz Janitorial's proposal of $48, 231.72 consisted of placing two people here to clean city hall and provide evening meeting support. Mike Deitz checks on employees and checks with building managers on a continuous basis. Deitz Janitorial Service does not contract with any government agencies. I checked with companies that his firm cleans and received very good recommendations about his work and cleaning personnel. The remaining five companies submitted proposals and are higher in cost for cleaning services for the budget year of 2002. All the above firms are willing to come in and discuss their proposals in detail if we need additional information. BN/JHH:cz Attachment 43 f G f � Y :r: ..i > � J: f Y � Z � � � O O G�I ..r � e0 � � 41 :ir ?. �a � `o � � _ .. L '/� � J V �. ... ..1 '� � "' . � �., � �c; 1� ': -� JC � V � ^ l� �C C'r: — x ^i -:�: x -a� � 1 ?! � i t� i^ ^ t� oC oC O .•: „j .•: Cj �; � � -r �c; �7 i� t� r v� �R u� �# � G�. bR tE3 s� � :J � CJ L � �J ^1 :.') lC; � � J� 1� � . � � ... ^J O `7' [� '� � OC � ^�i V ! 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ADDENDUNII BUIL,DIl�1G SERVICE AGRaEMEN'T THE CLEANING C01�ITRACTOR hereby agrees ta Perfonm the c�►�act cleaning services as set foith in a good aad worlananlike manner. to finnish all labot naxss�zY oo P�O�a° �� THE Ct.F.ANING CONTRACTOR further ag�ets � b,y � Ca�tor, a�cept set forth m dx spe�aag a�d tbc fianishi�8 of �'s1� °9�P�� t specifically in�ebded ia the afacemeationed spa'fi�. TSE CLEANING CONTRACTOR r�ts t� its cmployas ace coveredby Pubiic liab�MY a�, propaty damsge �, �'s ��°1�tion in6urance and a 5dcliiy i�oud. In�atra catificates w�71 be provided to the City. in farce �nd in cfftct foc tbe 000trac,t Ywr snd msY b° tamiaated ia its entirtty by eitha' paKY� Y� bY �°`� 10�' tII �' of thdr desire to do ��t least t�atY (3p) days prior w tbe seloctod date of termiaation- THE CLEANING CON"['RAC?OR ag�roes to th�c savices sd forth in the specificatioos st the times, and for tbe consideration set forth belo�v: Service to be performed S daess � week. � �� ° = � Per month (1M�uuniciP� Cea�t�r) Contract p�ice � Contract pcice � 9 d-�'"'—' Per montb (Munkipal Gu�e) Service to commence Apri11, 2002- ��'� 4: S Tt� 7�� S' Dated this � Day of �L �° ^, 2002 Br- Sigaatia�e and Title Corapany � Dated this Day of . 2002 sy: City of Fridley R�presc�atative Title Dated this Day of . 2002 45 s -r�: � .� w � � .2 s�r � e e S� K't'• ��, C�rnti�...� 5F c r S1 ��. Pp�S ,�i� C ��r� � � t2- ��u43� . � � � —� �' DAWN M GUILLEN 4 '� + NOTARY PUBLIC ,a•°4 MY COMM. EXP. 01/31/2006 ...,..,...�, ..,.,,,„,�,,.,_ _.,a,.,.,,..,,,. TOTAL P.11 � � AGENDA ITEM °'�'roF COUNCIL MEETING OF FEBRUARY 25 2002 FRIDLEY ! CLA1 MS 103907-�04077 ., � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 25, 2002 LICENSES Type of License � TREE REMOVAL � TREATMENT Allstate Tree Service Donald Ley 7510 Jackson St NE Fridley, MN 55432 FOOD 21 S` Century Food & Fuel Xai Yang 7883 E. River Rd Fridley, MN 55432 TOBACCO 21 S` Century Food & Fuel Xai Yang 7883 E. River Rd Fridley, MN 55432 RETAIL GAS 21 S` Century Food & Fuel Xai Yang 7883 E. River Rd Fridley, MN 55432 47 Approved By Public Works Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Fees $60 $45 $125 $60 AGENDAITEM City Council Meeting Of Monday, February 25, 2002 City of Fridle Gas Services Max Mechanical 711 5 St SW New Brighton MN 55112- General Contractor-Commercial Commercial Building Services 24188 Manning Trl Scandia MN 55073 Golden Gate Internet Services 1200 Osbome Rd NE Fridley MN 55432- General Contractor-Residential Fitzgerald M Construction Inc 3328 146 Ave NE Ham Lake MN 55304- Heatin4 Max Mechanical 711 5 St SW New Brighton MN 55112- North Suburban Heating 8� Air 19066 Jasper NW Anoka MN 55303 Plumbina A-1 Rootmaster 7041 6 St N Oakdale MN 55128 B�G. Chad Wetzel Tim Forslund Brian Anderson Mark Fitzgerald Chad Wetzel Daniel Larson Ray Vinzant ♦ � A�aroved By: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN Ron Julkowski Building Official Ron Julkowski State of MN 0 � Annroved Bv: Sign Erector Demars Signs Inc 410 93 Ave NW Coon Rapids MN 55433 Scenic Sign Corporation 828 S 5 St Sauk Rapids MN 56379- Dennis DeMars Robert Gruber . • Ron Julkowski Building Officiai Ron Julkowski Building Official ` Agenda Item City Council Meeting crr,r oF February 25, 2002 FRIDLEY Date: February 20, 2002 To: William Burns, City Manager � � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: 2nd Reading of Ordinance Changing Boat, Camper, and Trailer Parking M-02-25 BACKGROUND The purpose of this memo is to provide the background necessary to consider changes to the City's current requirements on the parking of non-motorized camping trailers, boats, & utility trailers. During the summer of 1998 the City's systematic code enforcement program revealed that a number of property owners were storing utility trailers, camping trailers, and boats in their front yards and on their driveways. The extent of these code violations led to discussion and to survey questions on the 1999 & 2001 Citizen Survey and the 2000 Council / Commission Survey and also to two variance requests to this code section. Both variances were denied. On September 17, 2001, the City Council held a public hearing to discuss the existing ordinance and allow residents to voice their opinions on the issue. Approximately 16 people spoke, the majority of them owned camper trailers and were in favor of allowing these trailers to be parked on the driveway, at least seasonally. The Planning Commission held a public hearing on January 2, 2002, to gather information and make a recommendation on the proposed ordinance change. The motion to recommend approval of the proposed ordinance change passed on a 5-1 vote. The City Council held an additional public hearing on the proposed ordinance change on January 28, 2002, and the first reading of the ordinance on February 11, 2002. RECOMMENDATION Staff recommends holding the second reading of the proposed ordinance change. 50 Ordinance No. AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO EXTERIOR STORAGE REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF FRIDLEY HEREBY FINDS AND ORDAINS, AFTER REVIEW, EXAMINATION AND STAFF RECOMMENDATION THAT CHAPTER 205, ZONING OF THE FRIDLEY CITY CODE BE AMENDED AS FOLLOWS: Section 205.07.06.0 EXTERIOR STORAGE C. Exterior Storage (1) Nothing shall be stored in the required front yard, with the exception of boats, non-motorized camping trailers, and utilitv trailers provided they are located on an avnroved hard surface and no portion of said trailer extends closer than 15' to the back of the curb. In no case shall said trailer encroach on the public ri�ht of wav. (2) All materials shall be kept in a building or shall be fully screened, so as to not be visible from any public right-of-way except for stacked firewood , in the side or rear vard. Boats, non-motorized campinQ trailers and utilitv trailers stored in the side or rear vard are not required to be located on a hard surface drive. (3) The City shall require a Special Use Pernut for any exterior storage of materials, except for C(1) and (2) above. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF FEBRUARY, 2002. A TTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading: Publication: 51 SCOTT J. LUND - MAYOR AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 25, 2002 CfTY OF fRIDLEY DATE: February 21, 2002 TO: William W. Burns, City Manager fi�� FROM: Scott J. Hickok, Community Development Director Grant E. Fernelius, Assistant HRA Director SUBJECT: Re-consider Resolution Consenting to Anoka County HRA Sale of East River Road Homes This item was originally considered by the City Council on January 28`h, but was tabled to request additional follow-up work with Anoka County. To follow is a summary of what was discussed with the County. Issue 1: Demolition vs. Re-Sale The County indicated they never intended to tear down the properties in question. There were only a few properties that encroached into the new Right-of Way and had to be removed. All of the owners who were impacted by the project received compensation from the County. Those owners whose properties were reduced by 25% or more were given the option of either a cash buyout or a settlement. Many owners accepted the cash settlement instead of the buyout. The sites in question are the remnants of those owners who sold. In terms of the condition of these homes, the County has indicated that they do need cosmetic repairs, but are structurally sound. Staff has viewed the exteriors of the sites and concurs with this assessment. Issue 2: Disclosure of Non-Conforming Status The County has agreed to provide written disclosure of the non-confornung status of the subject properties. A copy of the County's letter is attached. Staff will request that the disclosure not only indicate the nature of the non-conformity, but also the implications of rebuilding in the event of a fire or total loss. We have also requested that the County sign the disclosure with the buyer and that the City Clerk receive a copy of the document 30 days after the closing. 52 County HRA Memo February 21, 2002 Page 2 Recommendation Staff recommends that the City Council approve the attached resolution authorizing the Anoka County HR.A to proceed with the project. M-02-24 53 RESOLUTION NO. __ - 2002 RESOLUTION AUTHORIZING THE ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO CARRYOUT A SPECIAL PROJECT TO DISPOSE OF COUNTY-OWNED, EXCESS RESIDENTIAL PROPERTY LOCATED IN FRIDLEY. WHEREAS, the City of Fridley, Minnesota (the "City") has received a request from the Anoka County Housing and Redevelopment Authority (the "County HRA") to carryout a special project (the "Project") to sell County-owned, residential property (the "Properties") located within the City; and WHEREAS, the City acknowledges that this Project will benefit the general public by returning the Properties to the tax rolls and providing home ownership opportunities to low and moderate income persons; and WHEREAS, the City acknowledges that the most prudent approach to disposing of the Properties is through a sale coordinated by the Anoka County HRA; and WHEREAS, the County HRA shall be responsible for administration of the Project and all costs related to the Project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, that the County HRA is authorized to dispose of the Properties listed in Exhibit A to this resolution, subject to the following conditions: 1. The County shall provide written disclosure (the "Disclosure") to all buyers with the following information: a. Whether the Property is non-conforming. b. What features make the Property non-conforming (e.g. reduced lot size, reduced setbacks, etc.). c. The implications of buying a non-conforming Property, including the inability to expand the home or rebuild it in the event of fire or total loss. d. Said Disclosure shall be signed and notarized by both the Buyer and the County. 1. The County shall provide a copy of the Disclosure to the City Clerk within 30 days of the sale of each Property shown in Exhibit A. 54 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF __�__ A___, 2002. ATTEST: DEBRA A. SKOGEN - CITY CLERK 55 SCOTT J. LUND - MAYOR EXHIBIT A Sites to be Sold 461 Hugo Street 8102 Fairmont Circle 8114 Fairmont Circle 7948 East River Road 8180 East River Road 8200 East River Road 510 Janesville Street 56 .. � �. KAREN SKEPPER Community Development Manager Direct #763-323-5709 Grant Fernelius City of Fridley 6431 University Ave NE Fridley, MN 55432 Dear Grant: COUNTY OF ANOKA UtFce of'Governmental Ser�-ice� Divislon GOVERNMENT CENTER 2100 3rd Avenue • Anoka, Minnesota 55303-2265 (763) 323-5700 February 6, 2002 To confirm our recent conversation, the Anoka County Housing and Redevelopment Authority working in conjunction with ACCAP desires to purchase eight homes currently owned by the Anoka county highway Department. Of the eight homes, seven are located in Fridley along East River Road. These homes are all considered to be legal nonconforming lots. Full disclosure of this information will be made to any potential home buyer as part of the real estate transaction. If you have any further questions, please feel free to contact me at 763-323-5709. Sincerely, � � �� :-�'' �� Karen Skepper Community Development Manager Governmental Services � FAX: 763-323-5682 Affirmative Actioq�lial Opportunity Employer TDD/TTY: 763-323-5289 xs:x.-r..,. r � AGENDA ITEM cmroF CITY COUNCIL MEETING OF FEBRUARY 25, 2002 FRIDLEY 1NFORMAL STATUS REPORT'S F��3