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CCM 12/10/2018 CITY COUNCIL MEETING CITY OF FRIDLEY DECEMBER 10, 2018 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:04 p.m. MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Varichak Commissioner Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Scott Hickok, Community Development Director James Kosluchar, Public Works Director Dan Tienter, Finance Director APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: 1.City Council Meeting of November 26, 2018. APPROVED. OLD BUSINESS: 2.Second Reading of an Ordinance Second Reading of an Ordinance Amending Chapter 220 of the Fridley City Code Related to the Residential Rental Property Maintenance and Licensing Code; and Adopt Official Title and Summary Ordinance. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 3.Resolution Deferring Special Assessment Payments for the Property Located at 125 Alden Circle N.E. in Regard to 2018 Nuisance Abatement. ADOPTED RESOLUTION NO. 2018-63. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 2 4.Resolution Designating Precincts and Polling Locations for the 2019 Election Year. APPROVED RESOLUTION NO. 2018-64. 5.Approve Comprehensive Sign Plan for Gaughan Companies at 8300 University Avenue (Ward 3). APPROVED. 6.Claims (183128 – 183345) APPROVED. ADOPTION OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to adopt the proposed consent agenda with removal of Item No. 2. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No one from the audience spoke. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item No. 2. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. TRUTH-IN-TAXTION PUBLIC HEARING: 7.City of Fridley Budget. MOTION by Councilmember Barnette to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:03 P.M. Dan Tienter, Finance Director, presented the City of Fridley Budget. He highlighted the following: FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 3 Near–term economic growth for the State of Minnesota (State) and region continues to improve/remain stable. The Federal Reserve recently increased the Federal Funds Rate by 25 basis points to a target of 2.00% to 2.25%, with more increases anticipated in 2018 and 2019. However, the State predicts slower economic growth beginning in 2019 and decreasing each year until 2023. Nevertheless, the State predicts a $1,544,000,000 surplus for State Fiscal Year 2020 through 2021. Growing trade policy disputes with major international trading partners create uncertainty in long–term economic forecasts.  Conservative revenue and expenditure assumptions: Single step salary increase for eligible employees and a 3.00% Cost of Living o Adjustment (COLA); Reallocation of current resources based on need and actuals history; o Budget adjusted to better reflect actual expenditures; Limited adjustments to external revenues. Consistent with previously approved City Council actions and guidance o Supports current compliment of Full–Time Equivalent (FTE) employees o The proposed 2019 General Fund Budget is structurally balanced o  The proposed 2019 Budget does not include any adjustment to address the wage disparities between union and non–union staff or any expenditures for the pending Park System Master Plan.  Building permit revenue still strong in 2018 Approximately $89,300,000 in additional valuation constructed year–to–date o Assumptions o Trend indicates increase of approximately $60,000 in 2019 Assuming an approximate 6.7% increase in permit revenues, or about $49,000  Other Financing Sources “Closed Bond” Fund o Monies accumulated from closed debt service Approximately $4,753,020 at the end of 2017 Assumptions:  Eliminated as part of the Proposed 2019 Budget ($104,600) Local Government Aid (LGA) certified to remain the same as 2018 o Anticipated to remain stable Assumptions:  Reallocation of $86,700 from the General Fund to the Capital Equipment fund  Personnel Services 77% of the General Fund Expenditure Budget o Approximately $374,600 increase for 2019 o Assumptions o Single Salary Step increase for eligible employees 3.0% COLA 7.0% increase in health and Workers’ Compensation insurance premiums Approximately $60,000 elections cost reduction FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 4  Supplies, Other Services and Charges Civic Campus Adjustments o Gas and Electric utility charges for Civic Campus estimated to increase $235,800 from current charges Custodial for both City Hall and Public Works estimated to increase up to $81,900 Assumptions o An increase of 2.5%, or approximately $91,000, across all non–personnel expenditures, based on the July, 2019 CPI – Midwest Continued maintenance of the current Municipal Center pending the conveyance to a third–party The Capital Investment Program (CIP) consists of a collection of Capital Project Funds designed to coordinate the financing of capital improvements and projects. The City currently maintains five Capital Project Funds: 1. Building Capital Improvement Fund; 2. Street Improvement Fund; 3. Parks Capital Improvement Fund; 4. Information Technology Projects Fund; and 5. Capital Equipment Fund.  Building Capital Improvement Fund $250,000, Public Safety and Public Works Storage Facility o The Proposed 2019 Budget assumes the use of approximately $210,000 of fund o balance  Street Improvement Fund $480,000, West Moor Lake Drive Improvements o $910,000, Street Rehabilitation Project (69th Avenue) o The Proposed 2019 Budget assumes the use of approximately $733,000 of fund o balance  Parks Capital Improvement Fund $300,000, Springbrook Nature Center Pavilion Improvements o $375,000, Civic Campus and Locke Pointe Park Improvements o The Proposed 2019 Budget assumes the use of approximately $456,000 of fund o balance  Information Technology Projects Fund $110,000, Virtual Storage Network (VSAN) Replacements o $122,000, Personal Computer and Technology Replacements o The Proposed 2019 Budget assumes the use of approximately $168,000 of fund o balance  Capital Equipment Fund $135,000, Self–Contained Breathing Apparatus Replacement o $127,000, Public Safety (Police) Vehicle Replacement o Staff continue efforts to defer certain capital equipment expenditures o The Proposed 2019 Budget assumes the use of approximately$117,000 of fund o balance FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 5 Generally, Special Revenue Funds are funds designed to account for the activities of specific revenue sources and are legally restricted for a specific purpose(s). They may support both capital and operating expenditures:  The City currently maintains four Special Revenue Funds: 1. Cable Television Fund 2. Solid Waste Abatement Fund 3. Police Activity Fund 4. Springbrook Nature Center Fund  Marketing and Communications Fund (i.e., Cable Television) $89,000, reallocation of personnel expenditures from the Cable Television Fund o to the General Fund Based on past revenue changes, staff anticipate an approximately 2.9% increase o franchise fee revenues  Solid Waste Abatement Fund (i.e., Recycling) $36,100, cost increase for the recycling services contract o Given the commodity values of recyclable materials, staff anticipate a need for o additional revenue to support current service levels  Police Activity Fund $273,600, Toward Zero Deaths Grant revenue, with a corresponding increase in o “Payments to Other Agencies”  Springbrook Nature Center Fund $50,000, donation from the Springbrook Nature Center Foundation to support the o construction of a new pavilion/activity center, with a corresponding increase in “Operating Transfers” At present, the Proposed 2019 Budget estimates an operating surplus of o approximately $24,300 Generally, Enterprise Funds are designed to account for certain proprietary activities for which fees or rates are charged to external users for goods or services.  The City currently maintains four Enterprise Funds: 1.Water Utility Fund $3,800,000, Locke Park Treatment Plan Rehabilitation Assumptions and Other Considerations: At present, the Proposed 2019 Budget anticipates an increase in both the base fees and volume rates Water consumption continues to decline – approximately 22% since 2012, despite an increase in population of approximately 3% over the same time The Proposed 2019 Budget also assumes the issuance of approximately $3,800,000 in Water Utility Revenue Bonds to support planned projects 2. Sanitary Sewer Utility Fund $270,000, Sanitary Sewer Collecting System Lining $310,000, Lift Station Rehabilitation Assumptions and Other Considerations: FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 6 At present, the Proposed 2019 Budget anticipates a 4.4% increase in the volume rates, but no increase in the base fees for both Residential and Multiple Family – Three Units of Less user classes The Proposed 2019 Budget also assumes the issuance of approximately $1,060,000 in Sanitary Sewer Utility Revenue Bonds to support planned projects Typically, Metropolitan Council Environmental Services charges comprise more than 70% of the total fund expenditures. 3. Storm Water Utility Fund $220,000, Storm Water System Upgrades $200,000, Oak Glen Creek Erosion Control Project Assumptions and Other Considerations At present, the Proposed 2019 Budget anticipates a 3.5% increase Storm Water Utility Rate The Proposed 2019 Budget does not anticipate any borrowing to support planned projects, and estimates a fund surplus of approximately $325,300 4. Municipal Liquor Fund $18,400, Rewards Program Increase $276,000, Cost of Goods Sold Increase The Proposed 2019 Budget estimates more than $6,200,000 in sales Assumptions and Other Considerations The Municipal Liquor Fund will continue to transfer $388,500 to the Parks Improvement and Capital Equipment Fund and $51,250 to the General Fund as an Administrative Charge The profitability of the Municipal Liquor store may be negatively impacted by additional competition in the near future In the interim, sales at both stores increased approximately 6.3% Mr. Tienter said that per Minn. Statute §275, the City must certify a proposed and final property tax levy to the county auditor by September 30 and five days after December 20 of each year, respectively. Per the aforementioned statute, the Final Property Tax Levy may not exceed the Proposed Property Tax Levy. As discussed at a previous Conference Meeting, staff assumed a 5.00% increase for the non–debt service levies for 2019. However, upon further budget review and based on updated property tax information, staff recommend a 6.50% increase for the non– debt service levies for 2019. Assuming a 6.50% increase in the non–debt service property tax levies, staff anticipates an increase of 4.64%, compared to 4.86% in the previous year. The General Fund Property Tax Levy represents approximately 68% of the revenue for general operations. The Average Residential Homestead, $207,900 (Current MLS, $215,500), Median Residential Homestead: $203,000 (Current MLS, $215,000), Property values anticipated to increase statewide (4.6% for Pay 2018). Between 2018 and 2019, the average valued home increased in value 8.8%, compared to 7.0% the previous year. Coupled with change in the property tax levy, FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 7 this resulted in a $38 increase (or $3 per month) in City property taxes. Approximately $83 of the change may be attributed to increase in valuation. Mr. Tienter said that tonight the City Council is holding the public meeting on the 2019 budget and levy. On December 17 the City Council will adopt the final 2019 budget, the 2019-2023 CIP, tax levies and revised 2018 budget. On December 21, the final 2019 levy will be certified to Anoka County. Councilmember Bolkcom asked if the presentation would be part of the minutes. Mr. Tienter replied yes, the presentation will also be on the City’s website. Larry Miskowic asked if the light rail that comes through the City of Fridley costs the City any money or if the City receives anything from it. Mayor Lund replied that goes through Met Council and it does not affect the City. The City does not pay anything special for the Northstar Rail. Funds come from the state. Scott Hickok, Community Development Director, noted that indirectly the City would have some benefits, as the rail will bring in new development and taxes. Don Grant said he tried to find this information prior to this evening but unable to do so. The presentation was full of information and he would like to know where he could find more information and details. Mr. Tienter replied that the summary is on the website, but he could email the proposed budget presentation to Mr. Grant. Mr. Grant noted that the City is bonding for a number of items and that the new building is very nice. He asked if it would be better to pay for things outright rather than pay interest over time. Mayor Lund said this is the largest bond Fridley has ever had. The interest is low, at 3.1% over the life of the loan. It is a lot of money and the interest adds up. They try to minimize bonding without having to raise taxes and bonding is done every two years to save money. Councilmember Bolkcom noted that the projects that need to be done usually have to do with an aging infrastructure, so it takes more money to complete the projects. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:36 P.M. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 8 OLD BUSINESS: 8.Second Reading of an Ordinance Under Section 12.06 of the City Charter and Minnesota Statutes Section 465.035 Regarding Certain Real Estate and Authorizing the Conveyance Thereof (Former Fridley Municipal Center) (Ward 1). Scott Hickok , Community Development Director, stated that on November 26, Council held the first reading of the ordinance regarding the transfer of property in accordance with City Charter, Section 12.06. Tonight, Council is asked to consider the second reading to convey the property to the HRA so the HRA can negotiate on behalf of the City to build a senior housing facility on the former City Hall site. Construction would start in the spring of 2019. The HRA will sell the property and the proceeds would come back to the City. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt Ordinance No. 1365 on second reading and order publication. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9.Second Reading of an Ordinance Amending Fridley City Code, Chapter 104, Pertaining to Tree Management; and Adopt Official Title and Summary Ordinance. Jim Kosluchar, Public Works Director, stated that Council approved the Emerald Ash Borer Mitigation Plan at the February 12, 2018, council meeting. This plan was developed to proactively address the threat of emerald ash borer while preserving the benefits of Fridley’s urban forest. The Plan was also intended to increase the resiliency of the City’s urban forest against future unknown pests by increasing tree species diversity. Mr. Kosluchar said the execution of this plan is supported in the City Code through Chapter 104 which was designed to respond to the removal of trees infected with Dutch elm disease and oak wilt. City staff has reviewed Chapter 104 alongside the regulations of other cities, state guidelines, and recommendations of the Arbor Day Foundation and identified areas to be updated. The goals of these updates are to: 1.Clarify goals of the City’s tree management program – expand from pest management to resilient urban forest and explicitly state the right to manage trees on land such as parks and rights-of-ways (Tree City USA requirement) FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 9 2.Clarify the City’s definition of a public tree nuisance – shift from specific disease (Dutch Elm, Oak Wilt) to the characteristics of a nuisance tree 3.Clarify the City’s response to a public tree nuisance – align with standard methods of field diagnosis, notification, and tree replacement; explicitly clarify management right-of-way trees and remove items outside of City jurisdiction (transportation of firewood-MDA) 4.Update licensing requirements and referenced statutes Mr. Kosluchar said a first reading of the ordinance was held on April 23, 2018. Following direction from Council, staff updated language to further clarify the definition of a public tree nuisance. Staff recommends the City Council waive the second reading and adopt this ordinance and the title and summary ordinance. Councilmember Bolkcom asked for an explanation on page 94, Section 104.04, number 2. Mr. Kosluchar replied that would take place in a natural area where people would not be routed. If a tree fell, it would be okay. It is not considered a hazard unless there was reasonable expectation the tree falling would be hazardous to someone. Councilmember Bolkcom asked if it would be a nuisance if there was a tree in her back yard and it could fall on her neighbor’s fence. Mr. Kosluchar replied yes. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt Ordinance No. 1366 and adopt the official title and summary ordinance and order publication. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Second Reading of an Ordinance Amending Chapter 220 of the Fridley City Code Related to the Residential Rental Property Maintenance and Licensing Code; and Adopt Official Title and Summary Ordinance. Pam Reynolds, 1241 Norton Avenue, asked if this was an attempt to make rental property safer by limiting the number of police calls. Scott Hickok , Community Development Director, replied the ordinance makes it incumbent upon the owner of the property to make sure there are not reoccurring problems or a nuisance. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 10 Ms. Reynolds said that it talks about a class the owner has to take in order to certify they understand the new language. She asked where the class would be held, who it would be taught by, and how it would be communicated to the rental property owners. Mr. Hickok replied the property owners contacted the police and were engaged in the modifications. The property owners were educated about what will change and given an opportunity to be educated further through police presentations. The classes will be taught at this facility. Ms. Reynolds asked if this is only for new leases or if old leases would need to be renewed. Mayor Lund replied that new is underlined and old is crossed out. Mr. Hickok added that the crime-free addendum will be on all new leases. This modification is currently part of state law and is an opportunity for owners to understand and include this language as part of their lease. Mayor Lund said property owners could choose to make modifications to an existing lease or wait until renewal. Mr. Hickok noted that when the lease is renewed, the crime-free addendum will be added. Ms. Reynolds asked how out-of-state or City property owners could comply. Mr. Hickok replied it is the owner’s responsibility to know what happens locally, so they would need to be here and/or represented so they know what the expectations are. Councilmember Bolkcom added that they have to have a local representative. Ms. Reynolds asked if anything would be tied to the license with regards to paying utilities. Councilmember Bolkcom replied that they would not get a license if utilities are not up to date. Mr. Hickok added that there is a minimum standard for any rental unit that includes heat, water, and sanitary conditions. If any of the minimum standards are in jeopardy, it is discussed with the property owner. Jay Karlovich, City Attorney, noted that unpaid utilities are levied to the taxes which are paid in January and October. Ms. Reynolds asked how much of the language that was changed can be transferred from the owner, like the property owner who is responsible for snow removal, and gives that responsibility to the lease. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 11 Mr. Hickok replied that is the purpose of Chapter 220, to help clarify language and prescribe behavior protocol. That example is a private issue that the City does not get into. Councilmember Bolkcom said that this has a lot to do with behavior. City staff worked with landlords to talk about behavior so it does not move from one property to another with the same behavior. This was something that the landlords and police developed to help the property owners. MOTION by Councilmember Varichak to waive the reading of the ordinance and adopt Ordinance 1364 on second reading and adopt the official title and summary ordinance and order publication. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10.Resolution Amending Resolution No. 2014-54 and Rescinding Resolution No. 2014-92 which approved Interfund Loans Associated with the Proposed Columbia Arena Redevelopment Project, Accepting HRA’s Repayment of a City Loan and Authorizing Expenditures. Scott Hickok, Community Development Director, said when the HRA and the City were looking to purchase and demolish Columbia Arena, the City loaned $1.5M to the Authority to put towards the purchase of the property. The transaction was memorialized in Resolutions 2014-54 & Resolution 201492. The loan to the City was to be paid back from TIF funds, after the Authority had reimbursed itself. At the time of the purchase, there was no discussion of the arena site being anything more than a future private development that would pay for the land and generate tax increment. Mr. Hickok stated that four years later, those original assumptions are no longer correct. The scope of the project greatly expanded, and the private sector portion includes former City and park land now being made available to the HRA. The HRA and City staff have spent a great deal of time determining how the City loan should be repaid. The combination of land sales and tax increment collected are projected to make the HRA whole and allow the HRA to repay the City from the HRA’s General Fund. The City will be immediately repaid $1M from the HRA’s General Fund which the City intends to use for pending related costs. The remaining $500,000 will come from an annual payment made from the Authority’s General Fund. Mr. Hickok said his resolution rescinds the original agreement found in HRA Resolution No. 2014-92, amends Resolution No. 2014-54 and memorializes the approach described above. The HRA adopted a similar resolution on December 6. The project projections for land sales and increment generated support this approach to make the Authority whole in the project and allow it to repay the City Loan. Staff recommends approval of the attached resolution. Councilmember Bolkcom asked how the interest rate is determined. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 12 Dan Tienter , Finance Director, replied that Section 2 and 4 are referencing two different loans. Section 2 is the loan between the HRA and City and the loan in section 4 are the loans the HRA made internally to finance the funds back to the City--$500,000. The original resolution proposed to refund the money owed to the City from the TIF district but required complex reporting. The HRA opted to pay the City from their general fund and advance themselves the funds from the TIF district. The interest rate in Section 4 is the maximum interest rate. The interest rate is only for the TIF loans, not the City loan. Pam Reynolds, 1241 Norton, asked if the HRA pays back the $1.5M if the HRA then owns the dirt under this building. Mayor Lund replied the City borrowed money from the HRA; the City does not own property. Wally Wysopal , City Manager, stated that the City Council authorized the $1.5M to acquire the Columbia Arena site. The building and complex were not in any plans or vision at that time. The HRA needed money to do redevelopment and the City loaned money under specific terms. The HRA is asking to revise those terms to return most of the money upfront and the balance over time. The City did not invest in this land with the thought of having a new City Hall here. The old City Hall dirt is owned by the City and addressed to transfer that property to the HRA. Ms. Reynolds said she isfully aware when the money was loaned this was not in the plans. The way the loan is being paid back is confusing. Mr. Hickok said that the HRA intended to pay back the City. This site was purchased and later developed as the Civic Campus. The transfer of the land, plats, and tax increment district was created, and the tax-exempt parcels were taken out. Now there are a number of parcels being developed that are HRA parcels. The parcel under City Hall and Public Works are the City’s property, the other properties are homes and townhomes. Ms. Reynolds understood the platting but thought the $1.5M was tied to the City Campus and wanted to make sure the City owned the dirt under the building. MOTION by Councilmember Saefke to adopt Resolution No. 2018-65. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11.Informal Status Reports. Councilmember Bolkcom said that 65 families were served with coats, jackets, hats and mittens from the Coats for Kids Drive. Thank you to everyone who donated. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 13 ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:13 PM. Respectfully submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor