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10/12/2009 - 4548� � CITY COUNCIL MEETING OF OCTOBER 12, 2009 �ffY �F 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. PRESENTATION: Siah St. Clair — Pumpkin Night in the Park APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 28, 2009. NEW BUSINESS: 1. Resolution Confirming the Statutory Limit of TortLimits .......................................................................................................... 1 - 2 2. Resolution Approving and Authorizing Execution of Convention and Tourism Bureau Agreement.......................................................................................................... 3 - 8 3. Resolution Approving the Agreement for Collection of Fluorescent Lamps with XcelEnergy ........................................................................................................ 9 - 17 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Claims ............................................................................................................. 18 5. Licenses ............................................................................................................. 19 6. Estimates ........................................................................................................... 20 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARING: 7. Consideration of the Modifications to the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Finance Districts Nos. 1, 6-7, 9, 11-14 and 16-19, Creation of Tax Increment Financing District No. 20 (Columbia Arena Property) and Approval and Adoption of a Tax Increment Financing Plan Relating Thereto (Continued September 28, 2009) .......................................................................................... 21 NEW BUSINESS: 8. Receive Referendum Petition No. 2009-01; and Adopt Resolution Declaring an Election to Approve Ordinance No. 1260, an Ordinance of the City of Fridley Amending Chapter 7 of the Fridley City Charter ............................................................................................ 22 - 26 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 3 NEW BUSINESS (CONTINUED): 9. Approve Revised Roadway Major Maintenance FinancingPolicy ................................................................................................. 27 - 30 10. Resolution Approving the Agreement for the State Health Improvement Program Grant with Anoka County............................................................................................................. 31 - 55 11. Resolution Determining that Certain Parcels are Occupied by Structurally Substandard Buildings and are to be Included in a Tax Increment FinancingDistrict ................................................................................................ 56 - 58 12. Informal Status Report ....................................................................................... 59 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY SEPTEMBER 28, 2009 The City Council meeting for the City of Fridley was called to order by Mayor Pro Tem Barnette at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom MEMBERS ABSENT: Mayor Lund OTHERS PRESENT: William Burns, City Manager Rachel Harris, Environmental Planner Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director PROCLAMATIONS: Student Foreign Exchange Week: September 29-October 4, 2009. Marie Kuehne, Germany Sebastian Barrientos, Chile Fire Prevention Week: October 4-10, 2009. Domestic Violence Awareness Month — October 2009. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 14, 2009. APPROVED. NEW BUSINESS: 1. Receive the Minutes form the Planning Commissioner Meeting of September 16, 2009. RECEIVED. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 2 2. Resolution Directing Preparation of the Assessment Roll for the 2009 Nuisance Abatement. William Burns, City Manager, said the 48 property owners will be assessed for one year at an interest rate of 6.5%. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-39. 3. Resolution Directing Publication of the Hearing on the Proposed Assessment Roll for the 2009 Nuisance Abatement. William Burns, City Manager, said staff is planning the assessment hearing for the October 26 Council meeting. This resolution directs staff to publish the public hearing notice for nuisance abatement assessments. These are directed at 48 properties for a total assessment of $47,548.86. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-40. 4. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for Street Improvement Project No. 2009-1. William Burns, City Manager, said the 244 property owners will be assessed over 10 years at an annual interest rate of 6.5%. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-41. 5. Resolution Directing Publication of the Hearing on the Proposed Assessment for Street Improvement Project No. 2009-01. William Burns, City Manager, said the 2009 project included 244 properties. The property owners will be assessed a total of $495,123.13. The assessment hearing is planned for the October 26 Council meeting. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-42. 6. Special Use Permit Request, SP #09-05, by LAI Midwest, Inc., to Allow Limited Outdoor Storage, Generally Located at 7645 Baker Street N.E. (Ward 1); and Resolution Approving Special Use Permit, SP #09-05, for LAI Midwest, Inc., 7645 Baker Street. William Burns, City Manager, said petitioner is seeking a special use permit for outdoor storage in two areas of the rear yard. One area is directly behind the building and contains approximately 2,900 square feet. The other area is along the eastern edge of the property and contains approximately 1,380 square feet. Both areas are well within the allowable outdoor FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 3 storage space for this property. The Planning Commission unanimously recommended approval at their September 16 meeting subject to four stipulations. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 7. Special Use Permit Request, SP #09-10, by Larsen's Manufacturing Co., to Allow Limited Outdoor Storage, Generally Located at 7421 Commerce Lane N.E. (Ward 3); and Resolution Approving Special Use Permit, SP #09-10, by Larsen's Manufacturing, 7421 Commerce Lane N.E. William Burns, City Manager, said petitioner is seeking a special use permit for outdoor pallet storage in two areas. The total square footage of the two areas, 1,065 square feet, is well within the allowable storage space for this property. The Planning Commission unanimously recommended approval at their September 16 meeting subject to two stipulations. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 8. Special Use Permit Request, SP #09-11, by CSM Properties, to Allow Limited Outdoor Storage, Generally Located at 490-494 Northco Drive (Ward 1); and Resolution Approving Special Use Permit, SP #09-11, for CSM Properties, 490 Northco Drive NE. William Burns, City Manager, said petitioner is seeking a special use permit to allow limited outdoor storage of storage trailers, lumber metal fixtures, equipment and various recycling materials for two different businesses at six different locations. Altogether, the space to be occupied by limited outdoor storage, 38,747 square feet, is well within the space allowed for this property. The Planning Commission unanimously recommended approval at their September 16 meeting subject to eight stipulations. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 9. Special Use Permit Request, SP #09-16, by CSM Properties, to Allow Limited Outdoor Storage, Generally Located at 500 — 73rd Avenue (Ward 1); and Resolution Approving Special Use Permit, SP #09-16, for CSM Properties, 500 Northco Drive NE. William Burns, City Manager, said petitioner is seeking a special use permit to allow limited outdoor storage of trailers, equipment and metal fixtures on their property. The proposed storage area contains 3,466 square feet. This is well within the allowable area for limited outdoor storage. The Planning Commission unanimously recommended approval at their September 16 meeting subject to four stipulations. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 4 10. Resolution Designating Time and Number of Council Meetings for 2010. ADOPTED RESOLUTION NO. 2009-47. 11. Claims (143333 —143483). APPROVED. 12. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked for Item Nos. 6, 7, 8 and 9 to be removed from the consent agenda. She also had a correction on the minutes on page one under new business to change Councilmember Varichak to Councilmember Bolkcom. MOTION by Councilmember Bolkcom to approve the Consent Agenda with the removal of Item Nos. 6, 7, 8 and 9; and to approve the minutes as amended. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of Item Nos. 6, 7, 8 and 9. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): NONE. NEW BUSINESS: 6. Special Use Permit Request, SP #09-05, by LAI Midwest, Inc., to Allow Limited Outdoor Storage, Generally Located at 7645 Baker Street N.E. (Ward 1); and Resolution Approving Special Use Permit, SP #09-05, for LAI Midwest, Inc., 7645 Baker Street. Councilmember Bolkcom asked why parking is included in some stipulations and not in others. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 5 Scott Hickok, Community Development Director, said that each special use permit is evaluated on its own unique characteristics. Stipulations were applied where staff felt it was necessary. MOTION by Councilmember Saefke to approve the Special Use Permit Request, SP #09-05, by LAI Midwest, Inc. and adopt Resolution No. 2009-43 with the following four stipulations: 1. No outdoor storage other than the proposed outdoor storage areas shall exist on the site without an additional special use permit being approved. 2. The petitioner shall receive approval from the Fire Marshal for the items that are stored outside within close proximity to the building. 3. Only materials related to the business located at this address shall be stored in the approved areas. 4. The petitioner shall obtain an easement or fee ownership of the land that is underlying the parking area within 12 months of issuance of this special use permit. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. Special Use Permit Request, SP #09-10, by Larsen's Manufacturing Co., to Allow Limited Outdoor Storage, Generally Located at 7421 Commerce Lane N.E. (Ward 3); and Resolution Approving Special Use Permit, SP #09-10, by Larsen's Manufacturing, 7421 Commerce Lane N.E. Councilmember Bolkcom said she pulled this item because of the parking but it looks like they are not storing anything on parking spaces. Scott Hickok, Community Development Director, said this permit is only asking for 7% and it did not take any parking area away. Councilmember Bolkcom asked why the parking is not listed as a stipulation. Mr. Hickok said some of the outdoor storage areas are in areas where there would not be parking. Also, future parking would not be a reality in the areas where the outdoor storage would be located. Parking is only stipulated if parking was taken away. Councilmember Bolkcom asked how long they had to construct the fence. Mr. Hickok said they hope to construct the fence this season before the weather starts to get cold and that was agreeable with staff. Councilmember Varichak mentioned that it doesn't say anything about the fire marshal doing an inspection on this site. She asked what would happen if a fire started in there and why it wasn't a stipulation. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 6 Mr. Hickok said that in each case staff works with the fire marshal to find the best solution. In this case the fire marshal was okay with the location of the pallets. MOTION by Councilmember Bolkcom to approve the Special Use Permit Request, SP #09-10, by Larsen's Manufacturing Co., and adopt Resolution No. 2009-44 with the following two stipulations: 1. No outdoor storage other than the proposed two designated areas shall exist on site without an additional special use permit being approved. 2. Only materials related to the business located at this address shall be stored in the approved areas. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Special Use Permit Request, SP #09-11, by CSM Properties, to Allow Limited Outdoor Storage, Generally Located at 490-494 Northco Drive (Ward 1); and Resolution Approving Special Use Permit, SP #09-11, for CSM Properties, 490 Northco Drive NE. Councilmember Bolkcom noted the narrative says the budget for the fence is in 2010 which indicates the fence may not be constructed this season. She asked if there was a set time for the fence construction. Scott Hickok, Community Development Director, said in some cases the fence is for a new fence, others may be for screening devices, etc. In this case, the fence would go where there would be a need for a new fence. This request has five different storage areas. Councilmember Bolkcom asked if there was a time frame as to when the fence needs to be constructed. Mr. Hickok said staff is trying to bring a lot of outdoor storage into compliance. Staff tries to hear the property owners' concerns and bring them into compliance. If the situation warranted time frames they would be set based on their budgeting capability. Councilmember Bolkcom asked what stipulation is in place to make them construct the fence if there is no time frame. Mr. Hickok said staff will try to put as much as they can in the staff report. One part that is not reflected in the current report is the working relationship staff has with these businesses. Time frames have been set based on what the property owners have told staff. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 7 MOTION by Councilmember Saefke to approve the Special Use Permit Request, SP #09-11, by CSM Properties and adopt Resolution No. 2009-45 with the following eight stipulations: 1. If the existing landscaping used for screening is removed or damaged for whatever reason, the lost screening shall be replaced. 2. Fence shall be constructed of attractive, permanent finish materials, compatible with the principle structure and follow screening standards per city code. 3. Storage locations shall only be accessed from the petitioners own property. 4. Petitioner shall obtain proper building permits per state building code. 5. Materials and equipment to be stored shall not exceed 12 feet in eight. 6. No outdoor storage other than the storage of items used for petitioner's tenants shall exist on the site. 7. All storage materials shall meet Fire Code requirements. 8. Exterior storage is to be contained in areas approved in the site plan dated 8-14-09. If the storage areas need to be relocated or if additional storage space is needed for this facility, a new Special Use Permit will be required. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Special Use Permit Request, SP #09-16, by CSM Properties, to Allow Limited Outdoor Storage, Generally Located at 500 — 73rd Avenue (Ward 1); and Resolution Approving Special Use Permit, SP #09-16, for CSM Properties, 500 Northco Drive NE. Councilmember Bolkcom said one of the stipulations says the storage will be in an enclosed area. Scott Hickok, Community Development Director, said staff discovered some things on this site that the property owners had not given permission to store there. There was a neighboring industry that was storing things on their site. Through this special use permit request, the area cannot be used for seasonal storage or to help out a neighboring industry. Stored items must be related to the industry itself. Councilmember Bolkcom noted this item also has a fence budgeted in 2010 but we would like that constructed sooner rather than later. MOTION by Councilmember Varichak to approve the Special Use Permit Request, SP #09-16, by CSM Properties, to Allow Limited Outdoor Storage, Generally Located at 500 — 73rd Avenue (Ward 1); and Resolution Approving Special Use Permit, SP #09-16, for CSM Properties, 500 Northco Drive NE. with the following four stipulations: 1. Fence shall be maintained per City code screening standards. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 8 2. No combustible materials may be placed within the storage area due to the location near propane tanks per Fire Code. 3. No outdoor storage other than the storage of items used by petitioner's tenants shall exist on this site. 4. Exterior storage is to be contained in enclosed area approved in site plan dated 8-14-09. If the storage area needs to be relocated or if additional storage space is needed for this facility, a new Special Use Permit will be required. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 13. Consideration of the Modifications to the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Finance Districts Nos. 1, 6-7, 9, 11-14 and 16-19, Creation of Tax Increment Financing District No. 20 (Columbia Arena Property) and Approval and Adoption of a Tax Increment Financing Plan Relating Thereto. MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:15 P.M. Scott Hickok, Community Development Director, said that developer needs additional time to prepare and would like to continue this public hearing until October 12, 2009. He asked if anyone was present to discuss the public hearing and no one came forward. MOTION by Councilmember Saefke to continue the public hearing until October 12, 2009. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 14. Special Use Permit Request, SP #09-12, by AAbco Auto Parts, to Allow Automobile Recycling Center in an M-1 Zoning District, Generally Located at 7360 Central Avenue NE (Ward 2) and Resolution to Approve a Request for Special Use Permit, SP #09-12, for AAbco Fridley Auto Parts, 7360 Central Avenue NE. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 9 Rachel Harris, Environmental Planner, said petitioner, the City of Fridley, on behalf of Harry Haluptzok and Derek Haluptzok of AABCO Fridley Auto Parts, 7360 Central Avenue NE, is seeking a special use permit to allow an automobile recycling center in an M-1 Zoning District. The special use permit will allow the business use to be brought into compliance with the zoning code. Ms. Harris said that the petitioner is requesting a special use permit to allow continuance of the auto recycling center. The M-1, Light Industrial, zoning allows this use with a special use permit, provided requirements pertaining to drainage, pollution control, parking, screening, and annual license are met. Ms. Harris said the lot was platted in 1946. In the early 1950s aerial photography shows a large portion of the site was undeveloped. In 1950, the building permit was for a one-story 720 square foot concrete block garage. In 1953 a building permit was issued for a 3,200 square foot metal building for a storage warehouse. Subsequent years showed further development of the property. The most intensive expansion occurred in the 1970s, based on the number of building permits issued. Ms. Harris said today, approximately 5,300 square feet is dedicated to storage warehouse buildings and 1,520 square feet to office space. Each addition constituted a geographic expansion of use. When a business expands its use, it must be in compliance with current zoning code requirements. Ms. Harris said that in 1949, the City of Fridley (then, the Village of Fridley) adopted a zoning law that required a special use permit for junkyards. In 1955, the City's zoning law changed to add an M-1 Zoning District and disallow junkyards unless completely contained in a building or obscured from view by fence. In 1969, the zoning law was revised to allow junkyards in M-1 Districts with an approved special use permit. This reflects today's requirement. Ms. Harris said in June of 2007, the business owner filed a suit against the City contesting the need for a special use permit. By September 2008, the parties agreed to dismiss the case and work together on a special use permit. Staff awaited further contact from the property owner and when that did not occur, staff contacted the owners in early 2009 to proceed with the special use permit application. Ms. Harris said in February of 2009, staff and AABCO Fridley Auto Parts manager, Chris Clos, discussed the similar-use special use permit stipulations and a timeline for completion of the stipulations. In August of 2009, after hearing no response from the property or business owner, staff initiated an application for a special use permit for junkyards in an M-1, Light Industrial, zoning district on behalf of the owners to bring them into compliance. Ms. Harris said that the City Code, M-1, Section 205.17.1.C.(8) allows junkyards with a special use permit, provided they meet requirements for drainage, pollution control, parking, screening, business licensing, facilities and scope. With the two neighboring junkyards already undertaking compliance of special use permitting in the M-1 Light Industrial zoning district, AABCO Fridley Auto Parts also needs to comply. Staff works to ensure that each business is treated equally FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 10 compared with similar businesses that are engaged in the same type of use and in similar circumstances. Ms. Harris said that AABCO Fridley Auto Parts received a 2 1/2 ft variance to the otherwise 8 foot height maximum. In the fall of 2008, the property owner reduced storage height on some racks to match the fence height but did not comply with the requirement to reduce the height of all racking to 2 ft below the 10 '/z foot fence height. The property does not meet the fence location requirements. The fence will need to be located entirely on the property so as to be off the public right-of-way. Ms. Harris said that a minimum of nine parking stalls are required by Code and have been provided, however, additional parking needs remain. Staff has observed and neighboring businesses complained that AABCO Fridley Auto Parts employees and customers are parking on the street. Code Section 205.18.S.D.(7) requires that off-street parking be provided for all vehicles concerned with any use on the lot. Ms. Harris said City staff has heard from a neighboring property owner, Mr. Determan, of Determan Brownie, who questioned the future use of the site. Staff indicated that land owner plans to continue to operate a junkyard. Mr. Determan was satisfied with the answer. Ms. Harris said a public hearing for Special Use Permit SP #09-12 was held at the Planning Commission on September 16, 2009. Chris Clos, manager of AABCO Fridley Auto Parts, represented the business and answered questions. After discussion, the Planning Commission recommended approval of Special Use Permit, SP #09-12, with amendments to the stipulations as presented by staf£ The motion carried unanimously. After the motion passed, Chair Kondrick suggested that staff ineet with business manager Chris Clos to further define the timeline for compliance. Ms. Harris said that on September 22, 2009, staff inet with AABCO Fridley Auto Parts manager, Chris Clos. This resulted in stipulations presented to Council that differ from those presented to the Planning Commission and includes timelines for all stipulations that were revised. Ms. Harris said that staff recommends approval of this special use permit with sixteen stipulations. Councilmember Saefke asked why the City initiated the special use permit for this property. Scott Hickok, Community Development Director, said it was the property owner's responsibility to request a special use permit, but staff made the application. Staff had met with the owner earlier this year hoping the property owner would initiate the special use permit request. Because no action was taken by the property owner by August, staff went forward with the issue. Councilmember Saefke asked if staff had not initiated this process if the company would have gone out of business. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 11 Mr. Hickok answered yes, without a special use permit, they could not operate. Staff has a good relationship with the owner and the owner had a strong interest with getting into compliance. Councilmember Saefke complimented staff for doing a good j ob at keeping things in compliance and noted that staff did not have to do this. Councilmember Bolkcom asked what started the special use process to begin with. Ms. Harris said staff had been investigating neighboring properties and noticed there was not a special use permit for this property. Councilmember Bolkcom said parking is an ongoing issue in that area. She asked how staff arrived at nine parking stalls. Ms. Harris said staff had a discussion with AABCO and they worked out a strategy to park at other locations so there would not be on-street parking problems. Councilmember Bolkcom asked how employees were transported to this location. Mr. Hickok said that ABBCO had a shuttle for staff to use between buildings. Councilmember Bolkcom noted date discrepancies on the timeline. On one page it is March 2011 and on another the date changed to September 2012. Mr. Hickok said this is where the discussion got specific after the Planning Commission meeting. Mr. Clos said he wanted to comply but did not want to run out of time. Councilmember Bolkcom said the stipulations staff's presentation do not match the stipulations in the booklet. Mr. Hickok said staff tried to number the stipulations in logical progression. Councilmember Barnette asked how far the fence in the right of way had to be moved. Mr. Hickok said it will be a huge task but it needs to be moved onto their property. The fence needs to be moved about two feet. Councilmember Varichak asked how it was built on the property line. Chris Clos, AABCO Fridley, Auto Parts Manager, said the fence was constructed before he was the owner. Councilmember Bolkcom said it is not the City's responsibility to see if the fence is on the property line but the property owners to do the survey and fix the problem. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 12 Mayor Pro Tem Barnette asked if Mr. Clos was comfortable with the time lines. Mr. Clos said he was comfortable with the time lines except for No. 15. There was discussion to make a change to this stipulation but it looked the same. Mr. Hickok said that was not staff's intent. The secondary containment is a concrete container that is not expected to be moved at all. He suggested changing stipulation number 15 by adding "with the exception of the secondary containment slab for Anoka County". He also mentioned that it is not staff's intent to consider the racking as structure and the racking does not have to meet set back requirements. Councilmember Bolkcom asked if a change needed to be made to stipulation No. 10 adding "the racking does not need to meet setback requirements." Mr. Clos said he is fine with all of the other stipulations. Mayor Pro Tem Barnette said it will be great to work these things out with Mr. Clos. MOTION by Councilmember Varichak to approve the Special Use Permit Request, SP #09-12, by AABCO Auto Parts, and adopt Resolution No. 2009-48, with the following sixteen stipulations: 1. Keep gate closed except for entering and exiting to provide screening. (ongoing) 2. No tow truck deliveries in public right-of-way. (ongoing) 3. Obtain any necessary approvals to operate an auto recycling center from the appropriate governmental authorities. (ongoing) 4. Provide scalable survey and site plan, including a parking analysis and parking plan that meets the needs of the business. (December 31, 2009) 5. Obtain all necessary building permits prior to construction or demolition. (ongoing) 6. Meet all building and fire code requirements. (ongoing) 7. Complete Drainage Plan, including code requirements curbing/paving installation setbacks. (December 31, 2009) 8. Create additional employee and customer parking areas onsite to that no customer/employee parking is occurring on the public streets, including code-required accessible parking. (July 1, 2010) 9. Obtain approval of a grading and drainage plan from Rick Creek Watershed District. (July 1, 2010) 10. Reduce horizontal members of storage racking height to two feet below fence height so that no items stored exceed the height of the screening fence. (Completed by June 1, 2012 per phasing plan submitted by property manger on September 22, 2009) 11. Final landscape plan to be reviewed and approved by City staff prior to issuance of land alteration permit. (May 1, 2011) 12. File a storm pond maintenance agreement prior to receiving issuance of land alteration permit. (May 1, 2011) 13. Obtain City Engineering staff review and approve of final grading and drainage plan prior to issuance of permits. (May 1, 2011) FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 13 14. Obtain any required NPDES Permit and provide NURP ponding for entire site. (May 1, 2011) 15. Remove or move any structures or fencing which do not meet setback requirements within code-required setbacks. (June 1, 2012) 16. Install and maintain irrigation on south and east side of lot. (June 1, 2012) Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY MOTION by Councilmember Varichak to amend stipulations number 10 and 15 as follows: 10. Reduce horizontal members of storage racking height to two feet below fence height so that no items stored exceed the height of the screening fence. The racking does not need to meet setback requirements. (Completed by June 1, 2012 per phasing plan submitted by property manger on September 22, 2009) 15. Remove or move any structures or fencing which do not meet setback requirements within code-required setbacks with the exception of the secondary containment slab for Anoka County. (June 1, 2012) Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY 15. Resolution Approving an Amendment to the Contract for Curbside Recycling with Allied Waste Services. Rachel Harris, Environmental Planner, said the current service contract expires on March 31, 2010. Weekly collection currently occurs Monday through Thursday in neighborhood zones. Materials are sorted into two categories: Papers and Containers. Ms. Harris said Fridley receives revenue from the sale of curbside recyclables. This is a reliable contractor with friendly staff. Staff has seen the benefit to our community, in the form of free recycling drop-offs from the recycling rebates. Staff sought contract options that would provide a recycling rebate or revenue share. With the changeable recycling material market, staff is uncertain about receiving future revenue from the sale of curbside materials. Ms. Harris said staff researched contract renewal options beginning in August 2008. The city- licensed waste abatement service providers were contacted, including Randy's Sanitation, Allied Waste Services, Ace Solid Waste and Waste Management. All companies, except Randy's, proposed offering single sort recycling at $3.50 to $4.00, a 60% increase over the existing utility billing rate of $2.26. Charter restriction sets limits on annual utility increases to the lesser of 5% or CPI. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 14 Ms. Harris said staff researched renewal options and Randy's Sanitation could offer 2-sort service, but no revenue sharing option. Staff looked for ways to extend purchasing power and held joint meetings with Columbia Heights to consider a shared contract. This was not viable due to each community's separate service needs. Ms. Harris said the April 2009 offer presented to the City by Allied Waste Services is a one- year contract extension with an amendment to the annual increase and revenue share. Staff negotiated an annual increase of 2% and a revenue share of 50%. This proposed annual increase is slightly lower than the annual increases included in the past five years of the recycling contract which include a rate of 2.1 percent. Ms. Harris said with the volatility in the recycling markets and the uncertainty over the recycling rate restrictions in the Charter, staff is confident that this offer for a contract extension from Allied Waste is the best alternative obtainable at this time. Markets peaked at $18,000 per month in 2008 and then fell to $0 per month. Markets are improving, but are still unstable. Staff projects the recycling rebate at $1,800 to $3,500 per month for the remaining contract period. Ms. Harris said staff has reviewed the attached document and recommends approval of the proposed Amendment to the Contract for Curbside Recycling with Allied Waste Services. Both the City and the Contractor have mutually agreed to replace paragraphs 3 and 28 and Exhibit A in the original agreement as shown in Attachment A. Ms. Harris said staff recommends Council's approval. Councilmember Bolkcom asked what the cost was to change to a 30 gallon recycling container. Ms. Harris said the one container recycle is called a simple sort or single sort where both paper and container products are put into one recycling cart. The cost for the plastic to mold the cart is frequently built into the monthly recycling fee that is billed to residents. The difference is 60% or an increase of $1.10 in addition to current charges. Councilmember Bolkcom said the cost is close to $100 to purchase carts for residents so the cost is not only the recycling but the other issue is the start up costs. Ms. Harris said the cost mentioned in the presentation is the monthly fee. While the cart cost is an amount the contractor will absorb up front, the contractor will bill the City the cost incrementally over the length of the contract. The cart fee could be billed to each household up front but that is a less favorable option. Councilmember Bolkcom asked if a one-sort system could increase the recycling volumes as far as the number of tonnage. Ms. Harris said there are discussions that a single sort would increase tonnage which would be good. A program making recycling easier for residents would be beneficial. Ramsey and Andover increased tonnage dramatically when they went to a single sort. Those communities FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 15 have a larger percentage of persons per household than Fridley so would more than likely have more recyclables per household. Those two communities also have a lower number of apartments which generally recycle less. Councilmember Bolkcom asked if the goal was to continue the current contract for one more year. Ms. Harris said that is correct. This is an opportunity to wait and see what happens to the Charter amendments in the future, to see if the minimum 5% increase could be lifted. Councilmember Bolkcom said the other option would be to increase the recycling fees. She said it is probably a good idea to continue for another year and see if there is better revenue sharing. She asked about Columbia Heights and what their different service needs included. Ms. Harris said Columbia Heights has a two-sort recycling service. Internally they were investigating a single sort and wanted to keep costs low for residents. Columbia Heights has a lot of alleys in greater frequency than Fridley and the alley does limit the type of truck that can be used for single sort recycling. As Fridley thought further about single sort service, they realized the physical problems in Columbia Heights and would not be able to join forces. They also did not want to include apartments, and their service is picked up on different days than Fridley. Councilmember Bolkcom asked if the one sort would be picked up every other week. Ms. Harris said that is an item that was considered. She clarified that the rate of $3.50 to $4.00 was for every other week collection, not weekly. Councilmember Bolkcom asked for an explanation regarding the relationship of service exchange fund shares and what the City can and cannot do with those funds. Ms. Harris said staff has had discussions on what would be the greatest benefit to the residents with the revenue share. Staff received a grant with the County and each dollar the City receives for recycling must be spent on recycling. One consideration was to offer a rebate to residents but that can be tricky. If the City lowers the utility in the form of a credit and needs to raise the rates the following year, they would be limited because of the 5% Charter restriction. So instead of giving a credit on the utility bill, services like free monthly paper shredding and a recycling drop-off four times a year are offered. This seems to provide the greatest community benefits. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-49. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 16 16. Approve Change Order No. 3 for the 85t'' Avenue Trail Project No. ST. 2007-04. Jim Kosluchar, Public Works Director, said this change order includes additional work outside of the original contract and deductions for various reasons. The amount of the change order is $63,355.17. Since this is a federally-funded project, 80% of this change order is eligible using Federal funds and the remaining $12,671.03 would be paid from the City's MSA account. Mr. Kosluchar described the items included in the change order. He said the majority of the change order amount was for the additional depth required for the helical piling foundation. He also described the installation process and the reason for the additional quantity. Mr. Kosluchar said staff recommends Council approve Change Order #3 to Colt Construction in the amount of $63,355.17. The revised contract amount shall be increased to $863,412.41. Councilmember Bolkcom asked what happens when the sewer is redone for the 85th Avenue signal. Mr. Kosluchar said that the culvert that is put in place is going to be temporary and the design of 85th will incorporate the full culvert. Councilmember Bolkcom asked for clarification that this is temporary and when the other one goes in the County takes over. Mr. Kosluchar said that is correct, but there is some grading that needs to go in for the culvert to be installed property. Staff is working with the County to try and permanently place the culvert. Councilmember Bolkcom was surprised that no contractor had any idea the pilings would have to go to that depth. Mr. Kosluchar said the only way to know would be to do more soil borings in the area. Contractors are welcome to do their own investigation prior to the bid. The only way to know would be to spend more money on the engineering. Councilmember Bolkcom asked if more maintenance would be involved with the decorative concrete. Mr. Kosluchar said one of the reasons they modified the design was to minimize maintenance. MOTION by Councilmember Bolkcom to approve Change Order No. 3 for the 85th Avenue Trail Project No. ST. 2007-04. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 17 17. Resolution Approving a Plat, P.S. #09-03, Fridley Northstar Station East, the Fridley Housing and Redevelopment Authority, by Paul Bolin, Its Assistant Executive Director, for the Purpose of Redefining Property lines to Accommodate Northstar Station East, Generally Located at 6050 Main Street. (Ward 3) MOTION by Councilmember Bolkcom to move into record a memorandum and resolution related to Final Plat Request, P. S. #09-03. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY Scott Lund, Community Development Director, said this is the final plat resolution for the plat called Fridley Northstar Station East. This item was presented to Council on July 27, 2009. There was a very complex land lease agreement and a plat with legal descriptions. This will be filed with the County to memorialize the land separated between what the City can develop and what is designated as the leased area. This matches the preliminary plat approved in July. In the past, one of the questions that it looked like three or five lots. This has to do with Torrens and abstract property. There are three lots with lines dividing Torrens and abstract properties. Councilmember Bolkcom asked if there were any changes made since July. Mr. Hickok answered no. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-50. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY 18. Informational Status Report. William Burns, City Manager, said the newsletter will be sent out the first week in October. Councilmember Varichak said that October 10 will be the last recycling day for this year. It will be held from 9 a.m. to 1 p.m. at the Public Works Garage. Ms. Harris reminded people of the Public Safety Open House on Saturday, October 3, and the free shredding event from 9 a.m. to 12 p.m. in the parking lot of the Fridley Municipal Center. Ms Harris announced the Grand Opening of the Northstar Rail Line planned for the community at the Fridley station site on Saturday, November 14. It will start at 8:30 a.m. and end at 12:15 p.m. when people who have train tickets will return from their tour of downtown Minneapolis. The Fridley High School Pep Band will be there. There will be face painting, refreshments from Dunn Brothers Coffee and Bobs Produce, and the Fridley Liquor Store will be serving root beer. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 18 Councilmember Bolkcom received a memo from the Fridley Police Department regarding web- based police reports that can be filed on the internet. A temporary copy can be printed and when the report is reviewed by personnel the person will get a final report back Information can be found on Fridley's website--click on police report. Dr. Burns said Pumpkins Night in the Park will be held at the Nature Center on October 17. They are looking for people to help carve pumpkins. ADJOURN: MOTION by Councilmember Saefke to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING DECLARED THE MOTION CARRIED ADJOURNED AT 9:40 P.M. Respectfully Submitted, Krista Monsrud Recording Secretary AYE, MAYOR PRO TEM BARNETTE UNANIMOUSLY AND THE MEETING Scott J. Lund Mayor � � �ffY OF FRIDLEIF T0: FROM: DATE: RE: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 12, 2009 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT OCTOBER 1, 2009 RESOLUTION CONFIRMING THE STATUTORY LEVEL OF TORT LIMITS Staff is currently in the process of working with the League of Minnesota Cities Insurance Trust to renew the insurance policies for the next year. One of the items that requires Council's attention is establishing the limit of tort liability. Due to the nature of this decision, the League of Minnesota Cities Insurance Trust requires that this decision be made by the City Council. Staff is recommending that the City does not waive the statutory tort limit. In this case the legal limit of tort liability would be capped at $500,000 per occurrence and $1,500,000 in aggregate. Should we waive our limit of tort liability, a claimant could potentially recover up to $1,500,000 per occurrence with the event having an aggregate expose of $1,500,000. Again, staff recommends that Council approve the attached resolution that does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Attachment RDP/ds RESOLUTION NO. 2009 - A RESOLUTION CONFIRMING THE STATUTORY LEVEL OF TORT LIMITS WHEREAS, the City of Fridley maintains its insurance coverage through the League of Minnesota Insurance Trust; and WHEREAS, the League of Minnesota Insurance Trust requires the City Council to provide direction in regard to statutory tort liability limits for the City of Fridley; and WHEREAS, under Minnesota state law, if a city chooses to insure itself for an amount in excess of the statutory limits provided by state law, it will be deemed to have waived the protection of those statutory limits to the e�tent of any increase in the insured coverage amount; and WHEREAS, any increased coverage amount will result in an increase in the cost of insurance to the City; and WHEREAS, the current statutory tort limits are a maximum of $500,000 for an individual single claim, and $1,500,000 for a group of claimants on any single claim; and WHEREAS, the City of Fridley finds no reasonable basis to extend liability coverage beyond those amounts provided for under Minnesota law; and WHEREAS, the City of Fridley finds it to be in its best interest to be insured to the full e�tent of liability imposed by law, but not beyond those statutory limits. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that it accepts up to and only to the extent of the statutory tort liability limits as expressly provided under Minnesota law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12tn DAY OF OCTOBER 2009. SCOTT J. LUND - MAYOR ATTEST DEB SKOGEN - CITY CLERK � � �ffY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 12, 2009 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen City Clerk October 8, 2009 Resolution Approving Agreement with Minnesota Metro North Tourism On April 8, 2009, the City Council adopted a resolution allowing the City to opt out early from its Agreement with Visit Minneapolis North (V1VIN), a local convention and visitors bureau (CVB) of which the City has been a member since 1996. The Cities of Arden Hills, Anoka, Blaine, Coon Rapids, Ham Lake, Mounds View and Shoreview have all opted out of V1VIN effective December 31, 2009. Over the past several months, the opt-out cities, with the exception of Arden Hills, met to discuss the most appropriate way to establish a new CVB to effectively promote the newly organized region. The City of Coon Rapids took the lead and worked with their City Attorney, in conjunction with representatives from the impacted cities and lodging properties, to prepare the Articles of Incorporation and By-laws to guide the new CVB. On August 24, 2009, the City Council approved the Minnesota Metro North Tourism Articles of Incorporation and Bylaws and appointed Debra Skogen, City Clerk, to continue to serve as the Representative from the City of Fridley. The funding for the new CVB will continue to come from the 3% lodging tax collected by the lodging properties in the participating communities. Under state law, 95% of the funds collected would be used to fund the new CVB and 5% would remain with the City to cover administrative expenses. At this time staff recommends adoption of a resolution approving an agreement with Minnesota Metro North Tourism to allow the Board of Directors to begin meeting and preparing for business in 2010. RESOLUTION NO. 2009 - A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF CONVENTION AND TOURISM BUREAU AGREEMENT WHEREAS, on April 8, 2009, the City of Fridley terminated its agreement with Visit Minneapolis North for Convention and Tourism services effective December 31, 2009; and WHEREAS, Minnesota Metro North Tourism, a Minnesota non-profit corporation referred to as the "Bureau" has been established to facilitate a tourism bureau for the purpose of establishing an advertising program, promotional printing, convention services; and WHEREAS, the Bureau can retain a coordinating director and said bureau is in a position to administer the lodging tax imposed by Chapter 608 of the Fridley City Code; and WHEREAS, attached hereto and incorporated herein by reference as Attachment 1 is a Convention and Tourism Bureau Agreement which shall commence January 1, 2010 and continue until cessation by mutual agreement or until withdrawal by one of the parties in accordance with the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the Agreement is approved and the Mayor and City Manager are hereby authorized to enter into the agreement which is attached hereto as Attachment A. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Attachment 1 CONVENTION AND TOURISM BUREAU AGREEMENT THIS AGREEMENT made and entered into this day of by and between the City of , a Minnesota municipal corporation, hereinafter referred to as "City," and Minnesota Metro North Tourism, a Minnesota non-profit corporation referred to as the "Bureau." WITNESSETH: The City has enacted a tax on lodging within the City to fund a convention and visitors bureau in accordance with Minnesota Statutes Section 469.190. The Bureau has the staff, facility, and experience to carry out the objectives of promoting the City as a tourist and convention center. The City desires the Bureau to provide the services of a convention and tourism bureau on behalf of the City, and the Bureau desires to provide those services. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Term. The term of the Agreement shall commence on the 1 st day of January 2010 and will continue unless terminated by mutual agreement of the City and Bureau. After 2 years, this Agreement may be terminated by one of the parties hereto in accordance with paragraph 7 of this Agreement. 2. Services Rendered bv Bureau. The Bureau shall furnish the following services: a. Informational services in answering inquiries about the City via mail, telephone, personal, and electronic contacts. b. Prepare and present through websites, audio visual presentations, social networking sites information to the public and groups to attract visitors to the City. c. Provide planning, coordinating, and registration assistance to organizations and businesses. d. Supply support material including, but not limited to, name badges, City maps, accommodations list, and information in general. e. Distribute brochures, maps and guides of the city to potential visitors and meeting planners. f. Provide representation at trade shows, conventions, and exhibits to attract new visitors to the City. g. Promote the City as a convention center for Minnesota by regional and statewide advertising of the City's hospitality industry and attractions. 1 3. Changes. Basic services provided pursuant to Paragraph 2 of this Agreement shall be without charge to the person or organization utilizing said services unless authorized by contractual agreement or action of the Bureau Board of Directors. 4. Bu�et. The Bureau shall submit its annual budget for review by the City on or before the first day of October of the year preceding the effective date of the budget. Such budget shall detail specifically the uses to which monies received shall be spent to provide the services described in Paragraph 2 of this Agreement. It is understood between the parties that the actual revenues being generated under Paragraph 5 may vary from the amount anticipated in the budget. For this reason, it is agreed that the budget may be modified without prior consent of the City, providing that any adjustments shall be made by a two thirds (2/3) vote of the Bureau Board of Directors. Notwithstanding any other language to the contrary the Bureau shall not expend any sums beyond its revenues. 5. Fundin�. On the 15th day of each month, the City shall remit to the Bureau, for funding of the Bureau, 95% of the lodging tax payments received by the City, less refunds, in the preceding month during the term of this Agreement. 6. Verification of Expenditures. The Bureau will provide the City a copy of the Bureau's monthly financial statements, showing monthly, year to date, and budget figures, properly itemized and verified by the Director of the Bureau. The Finance Officer of the city shall have the right of access to the books and records of the Bureau at any time during normal business hours to audit any time of revenue or expenditure. 7. Termination. Either party may terminate this Agreement by providing written notice to that effect by June 30th to the other party Such termination shall be effective on December 31st of the calendar year in which notice is given. 8. Composition of Bureau's Board of Directors. City and Bureau agree that the Bureau's Board of Directors shall be proportionately represented, based on the percentage of lodging fee contributions contributed by the Member City during the preceding year. Each Member City shall have at least one Board Member. For each additional 10%, or portion thereof, above the initial 10% of the overall contribution will entitle the Member City to one additional representative. The first Board Member appointed by the Member City shall be an elected or appointed municipal representative of that Member City. The second Board Member selected by the Member City will be from that community's lodging industry. Any additional representatives shall be selected at the Member City's discretion. The term of any Board Member appointed by a Member City shall immediately cease, without further action, upon the termination of inembership of that Member City in the Corporation. 9. Hold Harmless. Any and all employees of the Bureau or any other persons, while engaged in the performance of any service required by the Bureau under this Agreement, shall 2 not be considered employees of the City, and any or all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said employees or other persons while engaged, and any and all claims made by the third party as a consequence of any act or omission on the part of the Bureau, or its agents or employees or other persons while so engaged in any of the services provided to be rendered herein, shall in no way be the obligation or the responsibility of the city. In connection therewith, the bureau hereby agrees to indemnify, save, and hold harmless, and defend the City and all of its officers, agents, and employees from any and all claims, demands, actions, or causes of actions of whatever nature or character arising out of or by reason of the execution or performance of the services provided for in this Agreement. 10. Multiple Citv Participation. It is contemplated that the Bureau in addition to providing services to the City, will also provide similar services described in Paragraph 2 of this Agreement to the other communities and that all cities maybe jointly promoted as a unitary convention and visitors bureau. Therefore, it is specifically authorized that funding for such j oint promotion will be financed pursuant to the Agreement. 11. Discrimination. The Bureau, in providing services hereunder shall comply with the provisions of Minnesota Statutes Section 181.59 as the same may be amended from time to time. The Bureau shall not discriminate against any person or firm in any of its activities pursuant to Minn. Stat. § 181.59 which is incorporated into this agreement as through set forth in its entirety. 12. Insurance. The Bureau shall carry insurance to cover its employees and agents while performing services pursuant to this Agreement. Such insurance shall provide comprehensive general liability and property damage coverage to the Bureau and its employees and agents in such amounts as will equal the applicable limits of liability to which the City may be held pursuant to state statute as the same may be amended from time to time. The Bureau shall also carry Workers' Compensation as required by Minn. Stat. § 176.182 and provide the City with proof of compliance with § 176.182 before commencing to provide services hereunder. 13. Laws. The Bureau will comply with all applicable Federal, State and local laws in the performance of its obligations hereunder. 14. Advertisements. All websites, brochures, listings, or advertisements of specific lodging facilities shall include mention of all facilities paying the lodging tax imposed by the City. 15. Inte�ration. This document is fully integrated, in bodying the entire Agreement between the parties. Any amendment to this Agreement shall be in writing and executed in the same manner as this Agreement. 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF FRIDLEY : : Scott J. Lund, Mayor William W. Burns, City Manager MINNESOTA METRO NORTH TOURISM : � Its � � CfTY �F FRI�LEY Date: To AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 12, 2009 October 8, 2009 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Rachel Harris, Environmental Planner Subject: A Resolution Approving the Agreement for Residential Fluorescent Lamp Collection and Recycling Reimbursement with Xcel Energy Background The proposed Contract for Fluorescent Lamp Recycling with Xcel Energy is a standard recurring contract. The City of Fridley has been able to have the costs for collection and recycling of residential fluorescent lamps reimbursed 100% by Xcel Energy through this contract over the past several years. The existing fluorescent bulb recycling contract expired in December 2008. Xcel Energy has just submitted the 2009 contract for approval. This contract provides reimbursement for collection and recycling of residential fluorescent lamps. The City of Fridley offers fluorescent lamp collection during the Recycling Drop-off Days; and these bulbs are properly disposed of through a State authorized recycler. Staff has seen the benefit to our community in the form of free fluorescent lamp recycling at the City's Recycling Drop-offs. With that in mind, staff sought to pursue a contract renewal with Xcel Energy. Staff has reviewed the attached document and recommends approval of the proposed Contract for Fluorescent Lamp Recycling with Xcel Energy. Recommendation Staff recommends that the City Council take the following action at the October 12, 2009, City Council meeting: Approve the attached resolution, authorizing the execution of the proposed Contract for Fluorescent Lamp Recycling with Xcel Energy stating that the contract terms are two years, from January 1, 2009 — December 31, 2011, and the City will be reimbursed 100% for collection and recycling of residential fluorescent lamps. RESOLUTION NO. 2009 - A RESOLUTION APPROVING THE AGREEMENT FOR COLLECTION OF FLUORESCENT LAMPS WITH XCEL ENERGY WHEREAS, Xcel Energy has a statutory obligation to establish a system to collect and recycle fluorescent lamps from residential and small business customer or otherwise; and WHEREAS, Xcel Energy conducts a program to reimburse agencies for their collection and recycling of residential fluorescent lamps; and WHEREAS, the City of Fridley will continue to collect residential fluorescent lamps at Recycling Drop-off Days; and WHEREAS, the City of Fridley has seen the benefit to our community in the form of free fluorescent lamps recycling at the City's Recycling Drop-offs; and WHEREAS, by March 1 st of each year, the City shall provide to Xcel Energy an annual report of fluorescent lamp collection and recycling during the previous year, including a description of the collection and recycling program, the location of collection site(s), and the number and types of fluorescent lamps collected and recycled. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the resolution approving the Agreement for Collection of Fluorescent Lamps with Xcel Energy is hereby adopted by City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2009. SCOTT LUND — MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK Xcel Energy Services Inc. � �� A reement for Collections of g I..am s p �'ssued T'o Ci� of Fridley Lamp Recyclinq Contract Number -194308 Effective as of Januarv 1, 2010 Agreement Number 194308 Page 1 of 7 AGREEMENT FOR COLLECTIONS OF FLUORESCENT AND HIGH INTENSITY DISCHARGE LAMPS BETWEEN THE CITY OF FRIDLEY AND NORTHERN STATES POWER COMPANY D/B/A XCEL ENERGY THIS AGREEMENT ("Agreement") is between Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy ("Xcel Energy") and THE CITY OF FRIDLEY (the "Recycler"), a CTTY of the State of Minnesota. WHEREAS, the Minnesota Legislature has enacted Minn. Stat. § 115A.932, which prohibits the disposal of fluorescent and high intensity discharge (HID) lamps in solid waste, and Minn. Stat. § 216B.241, subd. 5(b), requires Xcel Energy, as a public utility that provides electric service to 200,000 or more customers, to establish, either directly or by contracting with another, a system to collect and recycle lamps from its residential customers and its small business customers that generate an average of fewer than ten spent lamps per year; and WHEREAS, the Recycler has established and currently operates a program for the collection and management of household hazardous waste (HHW program), including the collection of fluorescent and HID lamps from Xcel Energy's residential household customers located in the Recycler's area; and WHEREAS, Recycler's area consists of THE CITY OF FRIDLEY. WHEREAS, Xcel Energy and the Recycler desire to enter into an Agreement whereby Xcel Energy will pay costs incurred by the Recycler for the collection and recycling of fluorescent and HID lamps (lamps) from Xcel Energy's residential customers as part of Xcel Energy's system to meet its statutory obligations. NOW, THEREFORE, in consideration of the terms and conditions stated in the Agreement, Xcel Energy and the Recycler agree as follows: 1. Lamp collection and recvclin�. On behalf of Xcel Energy and as part of the Recycler's HHW program, the Recycler shall collect and recycle lamps in the Recycler's area. Collection and recycling services will be provided at no cost to Xcel Energy residential customers generating an average of fewer than ten spent lamps per year. The Recycler shall offer lamp collection services to such Xcel Energy customers at Recycler's household hazardous waste collection site(s), and may arrange with local units of government to provide additional sites for collecting lamps. The Recycler shall be responsible for: a. Providing to Xcel Energy by March lst of each year, a preliminary description and schedule of lamp collection events in the Recycler's area for the calendar year and updated schedule information throughout the year; b. Operating and maintaining HHW collection sites; c. Arranging collection, storage, transportation, and recycling of lamps; and Agreement Number 194308 Page 2 of 7 d. Completion and prompt submittal to Xcel Energy of documentation described in Section 2 of this Agreement. 2. Reimbursement Request for Lamp Collection Activities. The Recycler shall provide on at least a quarterly basis and in a form acceptable to Xcel Energy (Exhibit A— Lamp Recycling Reporting Invoice) the following documentation regarding the Recycler's lamp collection and recycling activities: a. A description of the number and types of lamps collected; b. Costs of administration, labor, supplies, storage, transportation, and recycling of lamps from residential households; c. Proof that collected lamps were recycled; d. The method(s) used to determine the percentage of reimbursement, as selected by the Recycler from the following options: 1. The number of Xcel Energy residential customers residing in the Recycler's area shall be divided by the total number of the households in the Recycler's area; or 2. The number of households bringing lamps to the collection site(s) in the Recycler's area who indicate that they are Xcel Energy residential customers shall be divided by the total number of households bringing lamps to collection site(s) in the Recycler's area. If option 2.d.1. is selected, the following shall apply: The number of Xcel Energy residential customers residing in the Recycler's area is 11,479. b. The number of households in the Recycler's area is 11,238 based on information obtained from the United States Census Bureau. The percentage of the Recycler's lamp collection and reimbursement costs that Xcel Energy will pay is 100%. If option 2.d.2. is selected, the Recycler shall document, in a form acceptable to Xcel Energy, the number of residential customers bringing lamps to the collection site(s). e. The total amount to be reimbursed to the Recycler. This documentation shall be provided to the Xcel Energy designated representative on at least a quarterly basis, or as available. Xcel Energy shall pay to the Recycler the costs incurred by the Recycler for the collection and recycling of lamps from residents at the percentage defined in 2d. Agreement Number 194308 Page 3 of 7 Xcel Energy shall pay to the Recycler the costs incurred by the Recycler for the collecting and recycling of the following type of lamps: fluorescent tubes, circular, u- bend, compact fluorescents and high intensity discharge. Ballasts that are not attached to the bulb will not be reimbursed. £ The Recycler shall be responsible for its own expenses, including but not limited to operation and maintenance of collection site(s), and promotional expenses above and beyond Xcel Energy's planned and coordinated promotions. g. This Agreement is expressly contingent upon Minnesota Department of Commerce's (DOC) approval of Xcel Energy's request to implement the Program in Xcel Energy's Minnesota service area as a Conservation Improvement Program (CIl'). If such approval is not given initially, or is subsequently withdrawn, or recovery of program costs through electrical rates is disallowed by the Minnesota Public Utilities Commission (MPUC), this Agreement shall be null and void upon notification to the Recycler. Xcel Energy shall make no further payments to the Recycler, except that Xcel Energy shall make such payments for which services have been rendered through_the date of the notification. 3. Reimbursement Pavments bv Xcel Ener�y. Xcel Energy shall reimburse the Recycler for costs associated with the collection and recycling of lamps as follows: Within thirty (30) days following receipt of complete and accurate documentation listed in Section 2 of this Agreement, Xcel Energy shall reimburse the Recycler the percentage of the costs incurred by the Recycler for the collection and recycling of lamps as calculated by Section 2 of this Agreement. For lamps from residential customers, this shall include reimbursement for costs including administration, labor, supplies, storage, transportation, and recycling of lamps and costs associated with the Recycler coordination with local units of government for establishment of additional lamp collection events in the Recycler's area. b. Xcel Energy shall not reimburse the Recycler for promotional expense above and beyond Xcel Energy's planned and coordinated promotions. 4. Auditin�. Within sixty (60) days of receipt of documentation listed in Section 2, Xcel Energy shall have the right to audit said documentation and request additional information. Further, the Recycler shall maintain adequate supporting records for verification of actual costs paid by the Recycler. The records shall be in a form that is consistent with generally accepted accounting principles, consistently applied. During the term of this Agreement and six (6) years following final payment hereunder, the Recycler shall preserve such records and allow access to them, by Xcel Energy auditors, during normal business hours. The Xcel Energy records and documents that are relevant to this Agreement or transaction shall be subject to examination by the Recycler, the legislative auditor or the State auditor, during the term of this Agreement and for a period of at least six years following termination or cancellation of this Agreement, pursuant to the requirements of Minn. Stat. Section 16C.05 Subd. 5, as it may be amended. 5. Countv Reportin�. By March lst of each year, the Recycler shall provide to Xcel Energy an annual report of lamp collection in the Recycler during the previous year, including a description of the Agreement Number 194308 Page 4 of 7 collection and recycling program, the location of collection site(s), and the number and types of lamps collected and recycled. 6. Recvcler's Obli�ation Defined bv A�reement. Xcel Energy and the Recycler acknowledge and agree that the Recycler's obligations to collect and recycle lamps are solely defined by this Agreement and any applicable law. 7. Term. The term of this Agreement is from January 1, 2009, until December 31, 2011, regardless of the date of signatures. At the option of Xcel Energy and the Recycler, this Agreement may be renewed on an annual or biannual basis concurrent with Xcel Energy's statutory obligation to establish a system to collect and recycle lamps from residential and small business customer or otherwise. 8. Termination. Notwithstanding the terms of this Agreement, Xcel Energy and the Recycler may terminate this Agreement, in whole or in part, upon sixty (60) days prior notification to the other party. If Xcel Energy terminates this Agreement, Xcel Energy shall pay the Recycler all amounts due and not previously paid, as well as the amounts due for work performed in accordance with the Agreement during the sixty (60) day notification period. 9. Notice. All information shall be sent by United States mail, postage prepaid, to the following representatives of Xcel Energy and Recycler: To Xcel Ener�v To the Recvcler: Kim Sherman Northern States Power Company 414 Nicollet Mall, 6th Floor Minneapolis, MN 55401 612-337-2360 Xcel Energy Services Inc. 414 Nicollet Mall Minneapolis, MN 55401 Director of Sourcing Services Xcel Energy Services Inc. 9500 Interstate 76 Materials Distribution Center Henderson, CO 80640 Supervisor, Supply Chain Programs & Support 10. Indemnification. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The liability of the Recycler shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. 11. Compliance with Laws. The parties agree to abide by all applicable Federal, State or local laws, statutes, ordinances, rules and regulations now in effect of hereafter adopted pertaining to this Agreement or the facilities, programs and staff for which each party is responsible. This Agreement Agreement Number 194308 Page 5 of 7 shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in courts located within the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. ACCEPTED: RECYCLER Name ACCEPTED: COMPANY Northern States Power Company d/b/a Xcel Energy. By: By Authorized Signature Authorized Signature Xcel Energy Services Inc. Authorized representative for Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy Date: Agreement Number 194308 Page 6 of 7 To EXHIBIT A LAMP RECYCLING REPORTING — INVOICE Northern States Power Company Disposal 4' fluorescents and under Over 4' fluorescents Compact fluorescents Circular fluorescents High Intensity Discharge (HID) U-Shapped fluorescents Other Broken Transportation Total Disposal Cost Administration Cost Labor Cost Storage Cost Supplies Total Labor Subtotal 100% of Subtotal per contract Total Amount Due Agreement Number 194308 Remit Payment To: Quantity Price Each Invoice Date: Invoice #: Time Period: Total Cost Page 7 of 7 � AGENDA ITEM � COUNCIL MEETING OF OCTOBER 12, 2009 � �F CLAI MS FRIDLEY CLAIMS 143484 - 143681 � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 12, 2009 ��F LICENSES FRIDLEY Contractor T e A licant A roved B Acme Awnin Com an Si n Erector Edward S ear Ron Julkowski, CBO Artic Glass Com an Commercial or S ecialt Timoth Drake Ron Julkowski, CBO DL Johnson Ht & A/C Heatin Dar 1 Johnson Ron Julkowski, CBO Four Seasons Construction Inc Commercial or S ecial Leonard Okron ls Ron Julkowski, CBO Glen Rehbein Excavating Inc Excavating John Carlisle Ron Julkowski, CBO John L Ma�ewski Commercial or S ecialt John Ma�ewski Ron Julkowski, CBO In A Vent Heatin Ron Moodie Ron Julkowski, CBO MWJ Heatin and Coolin LLC Heatin Mark Johnson Ron Julkowski, CBO NAC Mechanical & Electric Services Gas Jean Slus Ron Julkowski, CBO NAC Mechanical & Electric Services Heatin Jean Slus Ron Julkowski, CBO R& S Heatin & Air Conditionin Gas Marc Thie Ron Julkowski, CBO Richfield Blackto Blackto L nn Hilde Ron Julkowski, CBO Roen Roofin & Remodelin Inc Roofin Joel Roen Ron Julkowski, CBO S R Mechanical Heatin Jim Rouse Ron Julkowski, CBO S R Mechanical Gas Jim Rouse Ron Julkowski, CBO Solid Refri eration Commercial or S ecialt Ga Stubbs Ron Julkowski, CBO S ectrum Si n S stems Inc Si n Erector Ma Ferraro Ron Julkowski, CBO The Si n Gu s Si n Erector Steven Dahl ren Ron Julkowski, CBO � � �ffY �F FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 12, 2009 ESTI MATES Veit & Co., Inc. 14000 Veit Place Rogers, MN 55374 2009 Sanitary Sewer Lining Project No. 383 FINAL ESTIMATE .................................. Standard Sidewalk 10841 Mankato Street N.E. Blaine, NIN 55434 2008 Miscellaneous Concrete Repair Proj ect No. 375 FINAL ESTIMATE ................................................................... Colt Construction 285 Forest Grove Drive Suite 126 Pewaukee, WI 53072 85th Avenue Trail Proj ect No. ST. 2007-4 Estimate No. 8 ........................................ Hardrives 14475 Quiram Drive Rogers, MN 55374-9461 2009 Street Rehabilitation Proj ect No. ST2009-01 EstimateNo. 3 ............................................................................. $ 7,816.70 $ 1,847.30 $14,811.69 $39,330.80 � a �mr aF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OCTOBER 12, 2009 October 9, 2009 William Burns, City Manager Paul Bolin, Asst. Executive HRA Director Cancellation of Hearing to Create TIF District #20 (Col. Arena) On July 13t" the Council approved a resolution calling for a public hearing on modifications to the redevelopment plan for redevelopment project No. 1 and the Tax Increment Financing plans for Tax Increment Financing Districts Nos. 1, 6-7, 9, 11-14, and 16-19, creation of Tax Increment Financing District No. 20 (Columbia Arena property), and approval and adoption of a Tax Increment Financing Plan relating thereto. The proposed redeveloper of the Columbia Arena site recently informed staff that their new medical clinic will be constructed at Unity Hospital, not the Columbia Arena site. While the proposed redeveloper is interested in the Columbia Arena site, he has no plans to move forward with a project at this time. As each TIF District is unique and the proposed district was to be created for a clinic and senior housing on the site, any future redevelopment would need to be examined on its own merits. There is no longer a need to create a TIF District at this time. Staff recommends that the Council cancel the public hearing scheduled for next Monday night. There is no formal resolution or motion required. Simply, the Mayor can inform the audience that the project has moved to another site and there is not a need to create a TIF District at this time. J:\Planning\Council Items By Meeting\2009 Council Items\October 12, 2009\ResolutionMemoDist#20Memo.doc � � �ffY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 12, 2009 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk October 7, 2009 Resolution Scheduling Special Election to Amend Section 7.02 of the City Charter Due to the unallotment of local government aid and market value homestead credit by the Governor of Minnesota in December of 2008, staff began discussions with the Charter Commission to review and possibly amend the Charter so it would not be so restrictive. The Charter Commission began reviewing the issue but felt more time was needed to address the issue. After additional unallotments were made by the Governor in June, staff discussed the possibility of having the City Council schedule a special election to ask the voters to approve a tax levy increase with the City Attorney. Staff found the City Charter only allows the City Council to go to the voters during a regular municipal election. Based on the urgency and pending financial crisis of the City, staff brought a proposed amendment to the Charter Commission at a special meeting held on June 10, 2009. The amendment would allow the City Council to conduct a special election to increase the tax levy or to increase or create new fees and change the 51% of the votes cast at the election to a majority of those votes cast on said question. The Charter Commission recommended approval by a vote of 8-2 and forwarded the amendment to the City Council for their action. The City Clerk published the ordinance as required. The City Council held the public hearing on July 13th and Ordinance No. 1260 was adopted on July 27, 2009 and published on August 6, 2009. A charter amendment becomes effective within 90 days after adoption and publication unless a referendum petition is submitted no later than 60 days. If the petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. On September 25, 2009, Referendum Petition No. 2009-01 was received by the City Clerk and found to be sufficient, thereby suspending Ordinance No. 1260 until the City Council reconsiders it or schedules an election for voter approval. To be sufficient, the petition required the signatures of a minimum of 5% of the registered voters as required by MN Statute Section 410.12.7. On June 1, 2009, there were 15,443 registered voters. Therefore, the minimum number of signatures needed to be sufficient was 773 registered voters. The Referendum Petition contained signatures from approximately 1037 voters, of which 154 were found to be insufficient, leaving a remainder of 883 registered voters. A letter was mailed to the petition committee informing them of the petitions sufficiency. If the City Council decides to send this question to the voters, MN Statute 410.12.7 allows them to call for a special election or wait until ne�t year and submit it to the voters at the next general election. If the City Council desires to schedule an election, the soonest an election could be held would be Tuesday, December 8, 2009. If the question goes to the voters, Minnesota Statutes requires 51% of those voting on the question to vote in the affirmative for the ordinance to be approved. Staff has identified the possible options for City Council to consider: 1. A motion accepting Referendum Petition No. 2009-01. 2. A motion to reconsider Ordinance No. 1260, as shown in Attachment 1; OR 3. A motion adopting a resolution calling for a special election to allow the voters to approve Ordinance No. 1260, as shown in Attachment 2. Based on the urgency of the City's financial conditions, staff recommends that the City Council accept the petition and adopt a resolution calling for a special election to be held on December 8, 2009. Attachment 1 ORDINANCE NO. 1260 AN ORDINANCE AMENDING SECTION 7.02 OF THE FRIDLEY CHARTER WHEREAS, the City of Fridley, Minnesota, under the powers vested in it under Minnesota Statutes Section 410 and its own City Charter, has the power to amend its Charter; and WHEREAS, after review and recommendation of the Charter Commission, the City Council has determined the current language of the charter related to restrictions on the tax levy and fee restrictions may cause deep and significant harm to the finances of the City and that a change in charter language is necessary to mitigate future harm from being caused by the charter to the City's finances. IT IS HEREBY ORDAlNED THAT THE CHARTER BE AMENDED AS FOLLOWS: FRIDLEY CITY CHARTER CHAPTER 7. TAXATION AND FINANCES Section 7.02. POWER OF TAXATION 2. The City Council may also levy a tax against real and personal property within the City in addition to said limit as defined in paragraph 1 provided the Council shall: A. Adopt a resolution declaring the necessity for an additional tax levy and specifying the purposes for which such additional tax levy is required. B. Hold a public hearing pursuant to three (3) weeks' published notice in the official newspaper of the City setting forth the contents of the resolution described in Subdivision A. C. Adopt after such public hearing a resolution by an affirmative vote of a least four (4) members of the Council which shall be presented as a clear and concise 'plain language' ballot question at � a special or regular municipal election. D. The additional tax levy shall take effect if � a maj oritX of the votes cast on the ballot ueq stion at said election are in favor of its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27TH DAY OF JULY 2009. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: July 13, 2009 First Reading July 13, 2009 Second Reading July 27, 2009 Publicarion August 6, 2009 Attachment 2 RESOLUTION NO. 2009 - A RESOLUTION DECLARING AN ELECTION TO APPROVE ORDINANCE NO. 1260, AN ORDINANCE OF THE CITY OF FRIDLEY AMENDING CHAPTER 7 OF THE FRIDLEY CITY CHARTER WHEREAS, the City of Fridley has received Referendum Petition No. 2009-01, a referendum petition proposing repeal of Ordinance No. 1260: An Ordinance Amending Section 7.02 of the Fridley City Charter; and WHEREAS, under applicable law and by virtue of receiving Referendum Petition No. 2009-01, Ordinance No. 1260 is suspended until such time as the City Council establishes an election to occur to determine whether to sustain or repeal the ordinance; and WHEREAS, the City Council desires to call an election to place the question on the ballot to be held on Tuesday, December 8, 2009; and WHEREAS, the City Clerk is authorized and directed to cause printed ballots to be prepared for the use in said election in which the question shall be stated in substantially the following form: �; YES Shall the Fridley City Charter be amended to allow the City Council to hold a special election to increase the tax levy or to increase or create new fees that are approved by a majority of �'' NO those voting on the question? NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall cause notice of said election to be given to the Anoka County Auditor at least 53 days of said election and that notice of said election be published in the official newspaper of the City for at least three weeks prior to said election. BE IT FURTHER RESOLVED that the election shall be held at the usual polling locations for the state and general election, as set forth in Exhibit A and that said election shall be held and conducted in accordance with the Minnesota State Statutes applicable to municipal elections and the provisions of the Fridley Home Rule Charter. BE IT FURTHER RESOLVED that the City Council shall meet within seven (7) days from said election as required by law for the purpose of canvassing said election and declaring the results thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12Tx DAY OF OCTOBER, 2009. Scott J. Lund, Mayor ATTEST: Debra a. Skogen, City Clerk Exhibit A CITY OF FRIDLEY POLLING LOCATIONS WARD 1 PRECINCT 1 Grace Evangelical Free Church 784-7199 755 73rd Avenue Northeast ISD 14 & 16 (Located between University and Hwy 65 — use west entrance of church) WARD 1 PRECINCT 2 502-5200 ISD 14 WARD 1 PRECINCT 3 571-3450 ISD 14 WARD 1 PRECINCT 4 502-5600 ISD 13 & 14 WARD 2 PRECINCT 1 784-9293 ISD 16 WARD 2 PRECINCT 2 571-1492 ISD 14 WARD 2 PRECINCT 3 571-1500 ISD 13 & 14 WARD 2 PRECINCT 4 528-4300 ISD 13 WARD 2 PRECINCT 5 528-4300 ISD 13 & 14 WARD 3 PRECINCT 1 572-3589 ISD11,14&16 WARD 3 PRECINCT 2 574-7445 ISD 14 & 16 WARD 3 PRECINCT 3 502-5300 ISD 14 Hayes Elementary School 615 Mississippi Street Northeast Between University and Hwy 65 Fridley Municipal Center 6431 University Avenue Northeast Access on 5�' street — in Lower Level) Fridley Community Center 6085 7�' Street NE (61gt and 7�' Streets, back parking lot) Woodcrest Elementary School 880 Osborne Road Northeast (Between Unity Hospital and Hwy 65) North Air Banquets/Knights of Columbus 6831 Highway #65 Northeast (just north of Mississippi on east side of Hwy 65) St. Philip's Lutheran Church 6180 Highway #65 Northeast (Corner of W Moore Lake Dr and Hwy 65, across street from Shorewood Restaurant) North Park School — Gym 1 5575 Fillmore Street Northeast (Between I-694 and Torino Grace HS — see map for specifics) North Park School — Gym 2 5575 Fillmore Street Northeast (Between I-694 and Torino Grace HS — see map for specifics) Springbrook Nature Center 100 85th Avenue Northeast (Between University and East River Road on 85�' Ave) Redeemer Lutheran Church 61 Mississippi Way Northeast (Between University and East River Road) Stevenson Elementaty School 6080 East River Road (Just north of I-694) WARD 3 PRECINCT 4 Fridley Covenant Church 571-1657 6390 University Avenue Northeast ISD 13 & 14 (Take University to 61St, west on 61St, north on Star Lane, which turns into University Service Road; parking lot off on right) � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 12, 2009 William W. Burns, City Manager James Kosluchar, Public Works Director October 12, 2009 Revisions to Roadway Major Maintenance Financing Policy PW09-055 During preliminary project meetings in 2009, the City Council requested staff to consider revisions to its Roadway Major Maintenance Financing Policy. The City Council discussed this spring that they would support a change to policy which provides for assessments of duplexes at 1.5 times the single-family residential rate. Subsequently, an owner of a triplex has requested that Council consider his preliminary assessment. Neither duplexes nor triplexes have had final assessments since the most recent version of the policy was initiated. The current assessment policy clearly delineates that single and double unit residential properties are provided a lower benefit for major roadway maintenance, and therefore receive a reduced assessment versus residential properties with three or more units. At a conference meeting on September 28, 2009, staff recommended considering a policy whereby multi-unit residential properties of three units or greater are assessed the lower of 1) the non-R1/R2 (commercial) assessment rate, or 2) the residential rate multiplied by the number of units, with a 50% reduction for each unit over the first. Staff was directed to revise the policy to incorporate this modification. Staff suggested and was directed to apply this change for up to four-unit residential properties to be consistent with treatment of properties by other City Departments. The attached policy shows these modifications, along with other clarifications suggested by staff. These clarifications include modifying the language setting the term of assessments, and eliminating the specific dollar amount previously set by the City Council for storm sewer extension associated with major roadway maintenance. The latter of these changes is included so the City Council has flexibility in setting the limit on assessment for stormwater extension on a project by project basis, rather than including a fixed amount that will diminish in value over time as construction costs rise. Staff recommends approval of revisions to the City's Roadway Major Maintenance Financing Policy as shown in the attached policy. JPK/jpk Attachment � � CffY OF FRIQLEY Date: To AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 12, 2009 October 8, 2009 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Rachel Harris, Environmental Planner Subj ect: A Resolution Approving the Agreement for State Health Improvement Program (SHII') Grant with Anoka County Terminology What is SHIP? State Health Improvement Program (SHIP). The goal is to help Minnesotans live longer, healthier, better lives by preventing risk factors that lead to chronic disease. SHIP is an integral component of an overall health care reform initiative passed during the 2008 Legislative session. Fridley has been awarded a gr�ant for an opportunity to provide intervention. Define intervention. Intervention: Implement policies and practices that create active communities by increasing opportunities for non-motorized transportation (walking and biking) and access to community recreation facilities. Why did Fridley get selected? Anoka County Community Health and Environmental Services Department (CHES) had previously initiated a relationship with the Fridley community through the County's Partnership for Better Health initiative established in 2005. Background In March 2009, during the grant writing process, the Anoka County CHES Director contacted Mr. Burns to gage the City's interest in possibly participating in the SHIP Grant. In July 2009, Anoka County CHES staff notified Mr. Burns that the City of Fridley had been selected as one of three communities in the county to receive this grant. Communities will be expected to share Active Living principles with the residents, business owners, students and workers of the community. The grant will provide a vehicle for staff and community members to work toward completion of applicable 2030 Comprehensive Plan Action Steps as listed in Chapter 14. The main focus will likely be: Pedestrian Crossing Bicycle Way/Transportation Safe Routes to School There are 6 potential projects identified both by City staff, Anoka County CHES staff, and State SHIP staff as meeting SHIP Grant objectives. These projects also meet the 2030 Fridley Comprehensive Plan obj ectives. Description of Potential Projects with Projected Timeline and Projected Cost To Be Determined 1. Safe Routes To School - The City of Fridley should partner with the community's school districts to pursue Federal, State, or Regional grant funds to allow for the expansion of trails, bike lanes, or sidewalks near schools. In addition, the City will initiate a discussion with the school districts and Anoka County to get reduced speed school zones installed at all of Fridley's school sites as other communities throughout the metropolitan area have. Comp Plan Ch 14.3 Transportation Action Steps a. Proj ected Timeline - TBD b. Proj ected Cost -TBD 2. Pedestrian and Bicycle Access To Bus Stops - The City will initiate a discussion with Metropolitan Council, Anoka County, and MnDOT about pedestrian and cycling route accesses to Commuter Rail and Fridley's bus stops. The intent will be to improve the accessibility and safety of designated bus stop sites on major highways by pursuing appropriate funding for feasible improvements. Comp Plan Ch 14. 3 Transportation Action Steps a. Projected Timeline - TBD b. Proj ected Cost - TBD 3. Complete Streets - A multi-modal traffic impact study of the 61 st/LJniversity Avenue intersection and the East River Road/61st Way intersection should be completed. The study should consider the impacts the Northstar Commuter Rail Station Site will have on these intersections and what appropriate modifications are needed to maintain automobile traffic flow and at the same time provide safe pedestrians and cyclist crossing. Comp Plan Ch 14. 3 Transportation Action Steps a. Projected Timeline - TBD b. Proj ected Cost - TBD 4. Complete Streets - A multi-modal traffic impact study of the 57th/LJniversity Avenue intersection should be completed. The study should consider the impacts the Northstar Commuter Rail Station Site will have on the intersection and what appropriate modifications are needed to maintain automobile traffic flow while also providing safe pedestrians and cyclist crossing. Comp Plan Ch 14.3 Transportation Action Steps a. Projected Timeline -TBD b. Proj ected Cost - TBD 5. Complete Streets - A multi-modal traffic impact study of the Moore Lake Drive/Hwy 65 intersection should be completed. The study shall consider the impacts of access to and from the shopping center and what appropriate modifications are needed to maintain automobile traffic flow while also providing safe pedestrian and cyclist crossing. a. Projected Timeline -TBD b. Proj ected Cost - TBD 6. Walkability & Bikeability Suitability Assessment - Besides multi-modal studies of certain intersections stated previously, an analysis of all bike/pedestrian connection needs in the City should be completed. This study should rank needs, giving priority for providing safe routes to schools, public facilities, and mass transit. The ranking of need could then be compared to the feasibility of a particular solution, the cost to implement the solution, and the availability of funding to correct the problem. Comp Plan Ch 14. 3 Transportation Action Steps a. Projected Timeline - TBD b. Proj ected Cost - TBD The grant provides funding for two years. Year 1 September 1, 2009 — June 30, 2010 $23,327 Year 2 July 1, 2010 — June 30, 2011 $50,000 Next action, if SHIP Grant is approved by Council The SHIP Grant workplan states that city staff shall designate possible projects in November 2009. We are ahead of schedule. In December 2009, staff will meet with stakeholders of the Fridley community, both residents and workers, and students and business owners, who may provide input towards the selection of the SHIP grant proj ect. Recommendation Staff recommends that the City Council take the following action at the October 12, 2009, City Council meeting: Approve the attached resolution, authorizing the execution of the proposed Agr�eement for SHIP Grant with Anoka County. RESOLUTION NO. 2009 - A RESOLUTION APPROVING THE AGREEMENT FOR THE STATE HEALTH IMRPOVEMENT PROGRAM GRANT WITH ANOKA COUNTY WHEREAS, the grant is a Statewide Health Improvement Program (SHIP) subcontract agreement between Anoka County and the City of Fridley; and WHEREAS, the SHIP Grant, with its Intervention component, seeks to encourage community stakeholders to increase walking and biking and to increase access to community recreation facilities; and WHEREAS, the SHIP Grant provides a means to engage the community in working toward an action step(s) of the 2030 Comprehensive Plan; and WHEREAS, the SHIP Grant will allow the City to accomplish at minimum one and as many six of the action steps previously defined in the city's 2030 Comprehensive Plan and attached as ExhibitA; and WHEREAS, the City staff negotiated monthly reimbursement, instead of quarterly, for staff time; and WHEREAS, the Grant period is two years, from September 1, 2009 — June 30, 2011; and WHEREAS, the City of Fridley has seen great benefit in involving its residents in the planning process. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the resolution approving the contract for the SHIP Grant with Anoka County CHES is hereby adopted by City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2009. SCOTT LUND — MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK EXHIBIT A — Page 1 1. Safe Routes To School - The City of Fridley should partner with the community's school districts to pursue Federal, State, or Regional grant funds to allow for the expansion of trails, bike lanes, or sidewalks near schools. In addition, the City will initiate a discussion with the school districts and Anoka County to get reduced speed school zones installed at all of Fridley's school sites as other communities throughout the metropolitan area have. Comp Plan Ch 14.3 Transportation Action Steps a. Proj ected Timeline - TBD b. Proj ected Cost -TBD 2. Pedestrian and Bicycle Access To Bus Stops - The City will initiate a discussion with Metropolitan Council, Anoka County, and MnDOT about pedestrian and cycling route accesses to Commuter Rail and Fridley's bus stops. The intent will be to improve the accessibility and safety of designated bus stop sites on major highways by pursuing appropriate funding for feasible improvements. Comp Plan Ch 14. 3 Transportation Action Steps a. Projected Timeline - TBD b. Proj ected Cost - TBD 3. Complete Streets - A multi-modal traffic impact study of the 61 st/LJniversity Avenue intersection and the East River Road/61st Way intersection should be completed. The study should consider the impacts the Northstar Commuter Rail Station Site will have on these intersections and what appropriate modifications are needed to maintain automobile traffic flow and at the same time provide safe pedestrians and cyclist crossing. Comp Plan Ch 14. 3 Transportation Action Steps a. Projected Timeline - TBD b. Proj ected Cost - TBD 4. Complete Streets - A multi-modal traffic impact study of the 57th/LJniversity Avenue intersection should be completed. The study should consider the impacts the Northstar Commuter Rail Station Site will have on the intersection and what appropriate modifications are needed to maintain automobile traffic flow while also providing safe pedestrians and cyclist crossing. Comp Plan Ch 14.3 Transportation Action Steps a. Projected Timeline -TBD b. Proj ected Cost - TBD 5. Complete Streets - A multi-modal traffic impact study of the Moore Lake Drive/Hwy 65 intersection should be completed. The study shall consider the impacts of access to and from the shopping center and what appropriate modifications are needed to maintain automobile traffic flow while also providing safe pedestrian and cyclist crossing. a. Projected Timeline —TBD EXHIBIT A — Page 2 b. Proj ected Cost - TBD 6. Walkability & Bikeability Suitability Assessment - Besides multi-modal studies of certain intersections stated previously, an analysis of all bike/pedestrian connection needs in the City should be completed. This study should rank needs, giving priority for providing safe routes to schools, public facilities, and mass transit. The ranking of need could then be compared to the feasibility of a particular solution, the cost to implement the solution, and the availability of funding to correct the problem. Comp Plan Ch 14. 3 Transportation Action Steps a. Projected Timeline - TBD b. Proj ected Cost - TBD � � CffY OF FRIaLEI' Date To: From ACTION ITEM COUNCIL MEETING OF OCTOBER 12, 2009 October 8, 2009 William Burns, City Manager Paul Bolin, Asst. Executive HRA Director Subiect: Gateway NE Bliqht Declaration Due to on-going costs, potential liabilities, and the deteriorated condition of the properties purchased for the future Gateway Northeast redevelopment project, Staff is recommending the buildings be demolished by mid-December. Prior to demolition both the HRA and City Council are required to adopt a resolution declaring the properties blighted. In addition to displaying a very poor image along our busy thoroughfare, we continue to have problems with people breaking into the buildings, dumping garbage, vandalism, and theft. In recent weeks things have started to get dangerous as people have now started to set "booby traps" behind the buildings. A city truck recently had 3 tires replaced because of homemade spike strip hidden behind one of the HRA properties. Staff (City and HRA) feels that it is imperative that we demolish these properties soon, not just to remove these liabilities but to generate excitement for a new project. The excitement of the demolition and the opening of Northstar could be enough catalyst to get a developer interested in the site. The City of Fridley's Chief Building Official has inspected the properties currently owned by the HRA along University Avenue NE. The purpose of the inspection was to determine if the buildings met the statutory definition of "substandard". All 6 of the buildings inspected far exceeded the blight threshold required by TIF Statutes. The substandard determination and the attached resolution, declaring the properties as such, will allow the HRA to demolish the buildings prior to the creation of a TIF District. Staff recommends the attached resolution be approved by the City Council. The HRA approved a similar resolution at their October 1st meeting. RESOLUTION NO. 2009- A RESOLUTION DETERMINING THAT CERTAIN PARCELS ARE OCCUPIED BY STRUCTURALLY SUBSTANDARD BUILDINGS AND ARE TO BE INCLUDED IN A TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED by the City Council of the City of Fridley, Minnesota (the "City") as follows: Section 1. Recitals. 1.01 The Housing and Redevelopment Authority in and for the City of Fridley (the "Authority") has considered the acquisition and redevelopment of the parcels identified as follows (the "Parcels"): Address: 5865 University Ave. NE PIN: 23-30-24-24-0023 Address: 5925 University Ave. NE PIN: 23-30-24-21-0140 & 23-30-24-21-0141 Address: 5945 University Ave. NE PIN: 23-30-24-21-0143 Address: 6005 University Ave. NE PIN: 23-30-24-21-0134 Address: 6041 University Ave. NE PIN: 23-30-24-21-0109 Address: 6071 University Ave. NE PIN: 23 -3 0-24-21-013 5 1.02 Minnesota Statutes, Section 469.174 etseq, as amended and supplemented from time to time (the "Tax Increment Act") provides for the establishment of a redevelopment tax increment financing district. The Tax Increment Act allows for the inclusion of parcels within a redevelopment district after substandard buildings have been removed by complying with Minnesota Statutes, Section 469.174, Subd. 10(d). Section 2. Findin�s. 2.01 The Council hereby finds that the acquisition and/or redevelopment of the Parcels further the goals and objectives of the Development Program. Resolution No. 2009 - Page 2 2.02 The Council hereby finds that the Parcels are occupied by a structure or structures that are structurally substandard, as defined in the Tax Increment Act and described in the blight report on file with the City, and that the structure or structures must be demolished and removed from the Parcels. 2.03 The Council hereby finds that the Authority intends to demolish or cause to be demolished the substandard building or buildings and to prepare the Parcels for redevelopment. Section 3. Declaration of Intent. 3.01 The Council hereby declares its intent to include the Parcels within a redevelopment tax increment financing district and to file the request for certification of the Parcels as part of a district with the Anoka County Auditor within three years of when the Parcels were occupied by a substandard building or buildings. Section 4. Notice to Countv Auditor. 4.01 If the City establishes a tax increment financing district and includes the Parcels, then upon filing the request for the certification of the tax capacity of the Parcels as part of such district, the City shall notify the Anoka County Auditor that the original tax capacity of the Parcels must be adjusted as provided in Minnesota Statutes, Section 469.177, Subd. 1(f). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA THIS 12th DAY OF OCTOBER, 2009. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 12, 2009 �ffY �F FRIDLEY INFORMAL STATUS REPORTS