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08/12/1996 - 4859� '� � FRTDLEY CITY COUNCIL MEETING cinroF F�IX-� ATTENDENCE SHEET Manday, Au u�5� 12, 1996 �:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE TNTERESTED IN PRINT NAME (CLEARLY) , � , �"� :( �`t V � � l� i. ti � �� C-' �� � , � �� � � � rv r ��� � !f� _e.�, '`-1.-�,��.�.-� �� f� r� �'P������ ��� � _; ,� �� �� �t1,� � ADDRESS t � � SSI� S'� � � s �� � � � G' �- i%` ��'�� �; ... ,_,e�, 3 � U�_?� � �,�— � �l 7 � �(' �, ,, L�, s��, � ��— �; � 1�,� �� �/Lt �� .� e fi� S t� C r� E� k. ��a� I� , �a < -�-r � -�� (� ,�� �� �� � _ 5 � �7��1 � ��i� t� �� ����� r ��� U� �:�u � , � �� � c�� � C,, . � �< .�� �/c� c_ �.� �C���>C=� C�r�. \� �, ,, � � IC� ��'���;�'v�' �, C� .�r? �1)/�'L'rc ./?,C �- � � / C 1 ITEM NUMBER � � C1TY QF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1996 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 disabiliries who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/5'72-3534) PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES; City Council Meeting of July 22, 1996 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Establish a Public Hearing for August 26, 1996, to Consider the Application ofi Main Event for an Intoxicating Liquor License (7850 University Avenue N.E.) (Ward 3) .............. 1.01 FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1996 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Resolution Authorizing Changes in Appropriations for the Genera) Fund, Cable T.V. Fund, Grant Management Fund, HRA Reimbursemen# Fund, Drug and Gambling Forfeiture Fund, Housing Revitalization Fund and the Capitai Improvement Fund for the Year 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0'I - 2.06 ,� Resolution Approving a Third Suppiemental Indenture of Trust and a Second Amendment to Loan Agreement Regarding the City's Commercial Deveiopment Revenue Bonds (Fridley Business Plaza Limited Partnership Project) and Other pocument Relating Thereto 3.01 - 3.04 Resolution Designating Polling Pfaces and Appointing Election Judges for the September 10, 1996, Statewide Primary Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.04 FRIDLEY CITY COUNCIL MEETiNG OF AUGUST 12, 1996 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTINUED)• Resolution Modifying the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-3, 6, 7, 9-14 (Ward 3) . . . . . . . . ......... 5.01-5.04 Resolution Authorizing Municipal State � Aid Funds to County State Aid Highway (C.S.A.H. '10�) Osborne Road - Old Centrai #o Stinson Boulevard (CP 91-08-108) (S.A.P. 127-020-18) (Ward 2) . . . . . . . . . . . . . . . . . 6.01 - 6.02 Resolution to Appoint an Emergency Management Director for the City of Fridley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.02 Resolution Authorizing Agreement with the State of Minnesota for Furnishing HaZardous Materials Emergency Response Service . . . . . . . . . . . . . . . . . 8.01 - 8.25 FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1996 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Claims .................................... 9.01 Licenses ................................. 10.01-10.04 Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 a01 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of ftems not on Agenda - 15 Minutes) FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1996 PAGE 5 NEW BUSINESS: Resolution Consenting to the Housing and Redevelopment Authority in and for the City of Fridley Adopting 1996 Tax Levies Collectible in 1997 . . . . . . . . . . . . . . . . . . . . . 12.01 - 12.20 Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.01 ADJOURN: f R[DLrY C[TY COUNC[L MEETtNG Of' ,AUCl1ST 12, 1996 v('��. �.�.-.��ti.� �� arr oF FRIDLEY Tlie City of Pridley will not discriminate against or harass anyone in the admission or access to, or treahnent, or employment in its secvices, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexuai orientation or status witl� regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Frid(ey's services, programs, and activities. Hearing impaired persons �vho need an interpreter or other persons wit6 disabilities who require auxiliary aids should contact Roberta Collins at 572-3�00 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE- APPROVAL OF MINUTES: City Council Meeting of July 22, 1996 "Q "'°� `p �� ' . ��- �,�-'�T� j6'7 — r�''"'�""�'��"`_`� '%' 5��, �,��-� — ; �,� � �„�,,. �.�y _ �/s` _ APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS: Establish a Public Hearing for August 26, 1996, to Consider the Appficatidn of Main Event for an lntoxicating Liquor License (7850 University Avenue N.E.) (V1/ard 3) 1_01 .�- �-� . �-� �vd/y�. Resolution Authorizing Changes in Aporopriations for the Generat Fund, Cable T.V. Fund, Grant Management Fund, HRA Reimbursement Fund, Drug and Gambling Forfeiture Fund, Housing Revitatization �und and the Capital Improvement Fund for the Year 1995 . . . . . . . . . . . . . . . . . . 2.01 - 2.06 o�-��-�-� �C�- Resolution Approving a Third Supplemental Indenture of Trust and a Second Amendment to Loan Agreeme�t Regarding the City's Commercial Development Revenue 8onds (Fridley Business Plaza Limited Partnership Project) and Other pocument Relating Thereto .................... � �z NEW BUSINESS LCONTINUED)• Resolution Oesignating Polling Places and Appointing Election Judges for the September 10, 1996, Statewide Primary Election . . . . . . . . . . . . . . . . . . . . 4.01 - 4.04 G�—�`- :�z� �/`�- - �-,-_-,-�-� � . 7rt ,v�=�°`� S`�`"-� . Resolution Modifying the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-3, 6, 7, 9-14 (Ward 3) .... 5.01 - 5.04 �—.,.�i�c�-� ��— ' ResolUtion Authorizing Municipal State Aid Funds to County State Aid Highway (C.S.A.H. 108) Osborne Road - Old Central to Stinson Boulevard (CP 91-08-108) (S.A.P. 127-020-18) (Ward 2) . . . 6.01 - 6.02 �,c��� � Resolution to Appoint an Emergency Management Director for the City of Fridley . . . . . . . . . . . . . . . . . . . 7.01 - 7.02 ��_-�i6'�l'��` /�-� , Resolution Authorizing Agreement 3.01 - 3.04 with the State of Minnesota for Furnishing Hazardous Materials cmergency Response Service .. 8.01 - 8.25 ��� � � � APPROVAL OF PROPOSFC) CONSENT /�GENDA: NEW SUSlNESS (CONTINUE�� Claims . . . . �/6� ``�•�� 9.01 Licenses . c'. . . ���10.01 - 10.04 ~'��...... Estimates _ . . `��!t'`�4'��� 11.01 ADOPTiON OF AGENDA: s�-� ��.� ��ry,��•C Z -�C.- � C �z- OPEN FORUM. ViSITORS: (Consideration of Items not an Agenda - 15 Minutes) ' �/� c�tiL . �.-yi��"'� ° � 0 r� � � z j � % � � �O � � �``�` , ��� � ���.�� L- 2 �.,�--. NEW BUSINESS: Resolution Consenting to the Housing and Redevefopment Authority in and � for the City of F�idley Adopting 1996 Tax Levies Collectible in 1997 . . . . . . . . . 12.01 - 92.20 � C_,�2, :�c� �? z . ��. Iniorma! Status Reports . . . . . . . . . . . . . . . 13.01 �. ���..�, AOJOURN: �`,` � � /° i�-�/ , > . THE MINUTES OF THE REGULP.R MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 22, 1996 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:56 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: . MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Council- woman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: COLTNCIL MEETING, JULY 8, 1996: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor�Nee dec:lared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 10, 1996: RECEIVED THE MINUTES OF THE. PLANNING CONa�IISSION MEETING OF JULY 10, 1996. 2. SPECIAL USE PERMIT, SP #96-12, BY DAT TRAN, TO ALLOGV ACCESSORY BUILDINGS OTHER THAN THE FIRST ACCESSORY BUILDING, O�TER 240 SQUARE FEET, GENERALLY LOCATED AT 7300 EAST RIVER ROAD N.E. ( WARD 3 ) : Mr. Burns, City Manager, stated that this is a request for a special use permit to allow construction of a 24 foot by 24 by 26 foot second accessory structure. Staff originally recommended denial due to the age and non-conforming status of the main structure. The petitioner, however, agreed to remove the hard surface adjacent to the existing garage, leaving only one driveway. Therefore, approval is recommended. GFtANTED SPECIAL USE PERMIT, SP #96-12, WITH THE STIPULATION THAT THE PETITIONER SHALL REMOVE THE HARD SURFACE PARKING AREA ADJACENT TO THE DWELLING UNIT AND THIS AREA SHALL BE RE-SODDED OR SEEDED. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 2 3. APPROVE COMPREHENSIVE SIGN PLAN FOR THE GYM, LOCATED AT 6525 UNIVERSITY AVENUE N.E. (WARD l): Mr. Burns, City Manager, stated that with the addition of a third tenant to this property, the code requires the submission of a comprehensive sign plan. The proposed new sign is to be a four foot by eight foot internally lit cabinet sign. The total square footage of signage complies with the ordinance requirements for wall signage, and staff recommends approval. APPROVED THE COIrIPREHENSIVE SIGN PLAN FOR THE GYM, 5525 UNI�IERSITY AVENUE N.E. 4. FIRST READING OF AN ORDINANCE TO REPEAL -0RDINANCE NO. 1062 PERTAINING TO VACATION OF A DRAINAGE AND UTILITY EASEMENT (INDUSTRIAL EQUITIES, 73RD AVENUE AND NORTHCO DRIVE) (WARD 1): Mr. Burns, City Manager, stated that Ordinance No. 1062 was adopted by the Council on January 8, 1996 for the vacation of a drainage and utility easement on property located near 73rd Avenue. The legal description contained in the ordinance was prepared by the petitioner's surveyor. It referred to a lot and block description which was previously assigned to the property. Because the property subsequently was platted, the previous lot and block description does not coincide with the description on the Torrens certificate. In order to correct the legal description, Ordinance No. 1062 must be repealed, and a new ordinance containing the corrected legal description must be adopted. WAI�TED AND READING AND APPROVED THE ORDINANCE ON FIRST READING. . 5. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALL•EYS AND TO AMEND APPENDIX C OF THE CITY CODE (INDUSTRIAL EQUITIES, 73RD AVENUE F�ND NORTHCO DRIVE Mr. Burns, City Manager, stated that this ordinance provides a corrected legal description of the Industrial Equities easement vacation at 73rd Avenue and Northco Drive. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 6. RECEIVE BIDS .AND AWARD CONTRACT FOR THE MISSISSIPPI STREET AND THIRD STREET INTERSECTION IMPROVEMENT PROJECT N0. 96-04 (WARD 1): Mr. Burn�>;� City Manager, stated that bids were opened on June 20. Four bids were received for the Mississippi Street and Third Street intersection improve.nent. The low bidder was FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 3 W.B. Miller, Inc. in the amount of $212,616.20. The original estimate for this project was $162,237.69. The cost overrun is a result of a combination of additional requirements by Anoka County and current market conditions/pricing by contractors. Of the $50,378.51 overage, the engineer is esti- mating that approximately $26,000 to $34,000 is a result of the County requiring complete remilling and sawcutting of the pavement at the intersection. Other factors affecting the cost are a higher mobilization cost than originally antici- pated; a higher per unit cost for asphalt because of the increase in the cost for oil since last year; and the traffic control requirements of the project itself total $5,000. Mr. Burns stated that when the cost sharing agreement was originally approved, it was understood that additional costs would ultimately be the responsibility of the Housing and Redevelopment Authority (HRA�. The HRA passed a resolution agreeing to pay for all the additional costs in order to proceed with the proj ect in a timely manner subj ect to staff pursuing other contributions, if possible. The County is processing a request to contribute an additional amount equal to $20,000, and Holly Center has been contacted to determine its willingness to contribute an additional amount toward the project. Rottlund Homes indicated that they cannot contribute additional funds due to unanticipated utility and other costs for the site preparation. Mr. Burns stated staff xecommends that the bid be awarded to W. B. Miller, Inc. in the amount of $212,616.20. RECEIVED THE FOLLOWING BIDS FOR THE MISSISSSPPI STREET AND THIRD STREET INTERSECTION IMPROVEMENT PROJECT NO. 96-04: W. B. MILLER, TNC., $212,616.20; MIDWEST ASPHALT CORP., $214,977.40; ALBER ASPHALT CO., $217,949.40; AND LAND DAR, INC., $255,302.10. AWARDED THE CONTRACT TO THE LOW BIDDER, W. B. MILLER, INC. IN THE AMOUNT OF $212,616.20, CONTINGENT UPON APPROVAL BY THE MINNESOTA STATE AID OFFICE. 7. RECEIVE BIDS AND AWARD CONTRACT FOR 1996 STREET IMPROVEMENT PROJECT N0. ST. 1996 - 1& 2: Mr. Burns, City Manager, stated that bids were opened on July 18 for the 1996 Street Improvement Project No. ST. 1996 - 1& 2. The project includes reconstruction of Alden Way from Rickard Road to 79th Way; East River Road to the Burlington Northern tracks; sewer diversion from East River Road to the Metropolitan Waste Environmental Services interceptor; and miscellaneous overlays. Six bids were received, and the low bidder was Thomas and Sons Construction, Inc. in the amount of $527,183.64. It is recommended that the contract be awarded to Thomas and Sons Construction contingent upon approval of the plans and specifications by the Minnesota State Aid Office. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 4 RECEIVED THE FOLLOWING BIDS FOR THE 1996 STREET IMPROVEMENT PROJECT NO. ST. 1996 - 1& 2: THOMAS & SONS CONSTRUCTION, INC., $527,183.64; W. B. MII.I.ER, IN., $549,859.75; HARDRIVES, INC., $554,528.94; MIDWEST ASPHALT, $595,725.90; VALLEY PAVING COMPANY, $611,657.65; AND C.S. MCCROSSAN CONSTRUCTION, INC., $623,710.70. AWP.RDED THE CONTRACT TO THOMA.S & SONS CONSTRUCTION, INC. FOR $527,183.64, CONTINGENT UPON APPROVAL BY THE MINNESOTA STATE AID OFFICE. 8. APPROVE CHANGE ORDER NO. S FOR 1995 STREET IMPROVEMENT PROJECT N0. ST. 1995 - 1& 2: Mr. Burns, City Manager, stated that this change order is to allow B-624 curb and gutter rather than B-618 in order ta provide consistent curb and gutter style along University Avenue. The additional cost is $4,956 which is borne by the State. Staff also recommends approval. AUTHORIZED CHANGE ORDER NO. 5 FOR 1995 STREET IMPROVEMENT PROJECT NO. ST. 1995 - 1& 2 WITH HARDRIVES, INC. IN THE AMOUNT OF $4,956.00. 9. RESOLUTION NO. 48-1996 AUTHORIZING THE POSTING OF "NO PARKING" SIGNS ON ONE SIDE OF A CERTAIN MSAS STREET (ALDEN WAY FROM RTr-�unur� pnnr� mn '7amu a�s�rrr�� lG7Z1DT� �t . Mr. Burns, City Manager, stated that in order to obtain State Aid funding for the Alden Way improvements, the City must post "no parking" on one side of the street. The east side of the street will be posted with "no parking" signs, and staff recommends adoption of this resolution. ADOPTED RESOLUTION NO. 48-1996. 10. RESOLUTION NO. 49-1996 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR TI�E SECOND QUARTER dF 1996: Mr. Burns, City Manager, stated that this resolution is to amend appropriations to the 1996 budget which have arisen as a result of donations, unforeseen expenditures, and reclassifi- cation of account codings. ADOPTED RESOLUTION NO. 49-1996. 11. APPROVE SPECIAL ASSESSMENTS FOR OSBORNE COMMERCE CENTER ( WARD 3 ) : Mr. Burns, City Manager, stated that Steiner Development, Inc., on behalf of Consolidated Container, is constructing a 101,600 square foot m�lti-tenant office warehouse project or{ the northwes� corner of Osborne Road and Main Street. About half of the building will be occupied by Gazda Mayflower. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 5 Mr. Burns stated that the developer has submitted a letter requesting that only the interest costs of the original assessment be spread over ten years. A reduction of the assessment is not requested. Storm sewer improvements were assessed to the site as part of the Commerce Lane portion of the 1989 street improvement project. This assessment roll was adopted in 1990. It is for a ten .year period which ends in the year 2000 at 8-1/2 percent interest. Mr. Burns stated that Steiner Development is proposing to pay the total interest of $21,250.17 over ten years with annual payments of $2,125.02. This proposed request will not result in any financial loss to the City given the size of the project and the property taxes. There would also be no impact to the Housing and Redevelopment Authority's budget. APPROVED AND DIRECTED STAFF TO PREPARE AN ASSESSMENT ROLL WHICH SPREADS THE $21,250.17 INTEREST AMOUNT OVER A TEN YEAR PERIOD. 12. APPROVED 1996/1997 ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF FRIDLEY AND SKYLINE VETERINARY HOSPITAL: Mr. Burns, City Manager, stated that the City's current contract with the Skyline Veterinary Hospital expires on July 31. The new contract provides a two percent increase from $1,250 to $1,275 per month. The Police Department is satisfied with the services provided by Skyline Veterinary Hospital, and staff recommends approval of the contract. APPROVED THE 1996/1997 ANIMAL CONTROL CONTRACT BETWEEN THE CITY AND SKYLINE VETERINARY HOSPITAI� AND AUTHORIZED THE APPROPRIATE OFFICIALS TO EXECUTE SAME. 13. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 68987 THROUGH 69237. 14. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 15. ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: Richmar Construction, Inc. 7776 Alden Way, N.E. Fridley, MN 55432 53rd Avenue Booster Station Project No. 280 Estimate No. 3 . . . . . . . . . . . . . . . $22, 365.85 FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374-9461 1995 Street Improvement Project No. ST. 1995 - 1& 2 Estimate No. 5 . . . . . . . . . . . . . . . $30, 401.23 Landmark concrete, Inc. 17630 Highway 65 Ham Lake, MN 55304 1996 Removal & Replacement Concrete Curb and Gutter Project No. 294 Estimate No . 2 . . . . . . of Miscellaneous and Sidewalk . . . . . . . . $ 3, 669.37 PAGE 6 No persons in the audience spoke regarding the proposed consent agenda items. MOTION by Councilwornan Bolkcom to approve the consent agenda items. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to add a: resolution agreeing to and authorizing execution of a recreational facility cooperative' agreement between the City and School District No. 14 for the joint use of Hayes Elementary School. Seconded by Councilwoman Jorgenson. �IJpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, MOTION by Councilman Billings to adopt the agenda with the above addition to be added before the Open Forum segment of the agenda. Seconded by Councilman Schneider. Upon a voice vote, all voting. aye, Mayor Nee declared the motion carried unanimously. 15A. RESOLUTION NO. 50-1996 AGREEING TO AND AUTHORIZING EXECUTION OF A RECREATIONAL FACILITY COOPERA�IVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND SCHOOL DISTRICT NO. 14 FOR THE JOINT t7SE OF HAYES ELEMENTARY SCHOOL IN THE CITY OF FRIDI,EY: Mr. Burns, City Manager, stated that the intent of this resolution is to authorize entering into an agreement with School District No. 14 joint use of the Hayes Elementary gymnasium. The agreement specifies the terms for joint use and the City's contribution for financing 420 square feet of gymnasium space ($42,000); the difference in cost between a hardwood gymnasiuni floor and a tiled floor ($33,000); additional costs for construeting a 240 square foot warming house ($24,000); and a$10,000 contingEncy. In the. event these items exceed $109,OOD, the City will have the right to FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 7 rescind its participation in this agreement by giving notice within fourteen days of the official bid opening for the project. Mr. Burns stated that the agreement is for thirty years and would automatically renew on an annual basis until the school district or City terminates the agreement. He reviewed the terms for construc- tion; maintenance, repairs and destruction of improvements; use of the premises; fees; insurance; utilities; and indemnification. Mayor Nee asked if the facility would be available for use by senior citizens. Mr. Burns stated that the City wouid schedule some open recrea- tional use. If senior citizens want to use the gym, there is nothing in the agreement that would preclude them from using this facility. Councilwoman Jorgenson stated that the use of the gymnasium would be for all residents of the City. Councilman Schneider asked if it was the City's intent to schedule non-organized time as well as time for organized activities. Mr. Burns stated that it would be the City's intent to schedule time for unorganized as well as organized activities.. MOTION by Councilman Billings to adopt Resolution No. 50-1�996 and authorize the appropriate officials to execute the agreement. Seconded by Councilwoman Jorgenson. Councilman Schneider asked if the resolution had to be read since it was not an official agenda item. Mr. Knaak, City Attorney, stated that Council can waive the reading by a motion. Past practice of the Council is that resolutions have not been read, but the title could be read. MOTION by Councilman Billings to amend the motion by waiving the reading of this resolution and agreement between School District No. 14. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated that the essentials of the resolution and agreement have been adequately explained by the City Manager. Mr. Burns stated that the school board has asked for a vote this evening so they can begin the bidding process in August and open bids in September. If Council does not take action, it will not give the school district time to assemble their drawings and specifications. The school district feels that the bids will be better if bid at this time. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 8 Councilwoman Jorgenson stated that she and Councilman Billings have been working with the school district on this issue. Also, Jack Kirk and Karen Schaub have been working on the cooperative agreement, and the process has been ongoing for several months. Councilman Schneider felt it was critical that even though all residents in Fridley can use this gymnasium, the City's investment should be protected. If the agreement should terminate, the building should be appraised, and a pro-ra�ed share of the City's investment of the value.of the building should be returned to the City. Councilwoman Boikcom felt that the City would want to continue the use of the gymnasium until it no longer exists or the City no longer needs the facility. The relationship between the school district and the City is excellent. Councilman Schneider stated that he felt the relationship between the school board, City Council, and City staff is excellent. He would not have a concern if he knew this would continue for the term of the agreement. However, circumstances may change, and the City Manager has drafted language in an attempt to resolve this concern. MOTION.by Councilman Schneider to amend the agreement by deleting the following language, under Section 2, Term of the Agreement: "If District at any time determines that the Hayes Elementary School is no longer necessary or suitable to operate as an elementary school it may, solely at its option, close, lease or convey the school, and this agreement wili be amended as follows: If the District decides to maintain and operat� the school for other District purposes or to lease the school, this Agreement will continue according to its terms. If the District decides to convey the school, a share of the selling price that represents the remaining value of the improvements paid for by City under Section 3B of this Agreement will be returned to the City from funds received by District in the sale. In no event shall the return of funds to the City, under this paragraph or any other provision of this Agreement, exceed the City's initial contribution for construction under Section 3B. If the District decides to close the school, the City will have the option to continue to operate, at its sole expense, that part of the school necessary to continue the terms of this Agreement." Further, the following language is to be substituted: "In the event that the District for any reason terminates the agreement, the District and the City will jointly hire an appraiser to appraise the remaining value of the building. The District will reimburse the City for a portion of this value based on the City's proportion. on the initial investment in the gymnasium. In no case will the District's reimbursement exceed the City's original investment." Seconded by Couneilwoman Bolkcom. � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 9 Councilman Billings stated that over the last several weeks staff has worked closely with the school district to reach some parameters for an agreement which was passed on to the attorneys for review. Perhaps the City Attorney should comment on the language and how it would be perceived by the school district. Mr. Knaak stated that the point should be clarified on the intent of the language with respect to the method of valuation on the City's portion of the overall investment. He suggested that the language in Section 2 be clarified in the second to the last line by substituting the words "of the overall investment in the gymnasium," rather than the words "on the initial investment in the gymnasium." COUNCILMAN SCHNEIDER WITHDREW HIS MOTION, WITH PERMISSION OF HIS SECONDER COUNCILWOMAN BOLKCOM. MOTION by Councilman Schneider to amend the agreement by deleting the following language, under Section 2, Term of the Agreement: "If District at any time determines that the Hayes Elementary School is no longer necessary or suitable to operate as an elementa�y school it may, solely at its option, close, lease or convey the school, and this .agreement will be amended as follows: If the District decides to maintain and operate the school for other District purposes or to lease•the school, this Agreement will continue according to its terms. If the District decides to convey the school, a share of the selling price that represents the remaining value of the improvements paid for by Gity under Section 3B of this Agreemerit will be returned to the City from funds received by District in the sale. In no event shall the return of funds to the City, under this paragraph or any other provision of this Agreement, exceed the City's initial contribution for construction under Section 3B. If the District decides to close the school, the City will have the option to continue to operate, at its sole expense, that part of the school necessary to continue the terms of this Agreement." Further, the following language is to be substituted: "In the event that the District for any reason terminates the agreement, the District and the City will jointly hire an appraiser to appraise the remaining value of the building. The District will reimburse the City for a portion of this value based on the City's proportion of the overall investment in the gymnasium. In no case will the District's reimbursement exceed the City's original investment." Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that it is not his intent to be argu- mentative, but he has had discussions with residents outside of School District No. 14 regarding the spending of tax dollars. He felt, therefore, that this language was needed to rightfully address the concerns of taxpayers that are not in School District No. 14. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 10 UPON A ROLL CALL VOTE ON THE MAIN MOTION, Councilman Billings, Councilwoman Jorgenson, Mayor Nee, Councilman Schneider, and Councilwoman Bolkcom voted in favor of the motion. Mayor Nee declared the motion carried unanimously. Councilwoman Bolkcom stated that the City Manager was to take this resolution and agreement to the school board at their meeting which is in progress. At this time, Mr. Burns left the meeting to deliver these documents to the school board at their meeting. OPEN FORUM, VISITORS: MS. JAN JOLLY, REPRESENTING SACA: Ms. Jolly, representing SACA, thanked Council for their appropria- tion of CDBG funds for SACA. SACA serves Fridley, Columbia Heights, Hilltop, and a portion of Spring Lake Park. SACA is hurting for funding, and they have put out a mailing appealing to businesses for contributions. They receive funds from AAGAP and the County, as well as Columbia Heights, Spring Lake Park, Hilltop, Fridley, and area churches. Ms. Jolly stated that the City of Columbia Heights donates the home where the food shelf is located and pays for the electricity, water, sewer,_ and heat.., The Public Works Department in Columbia Heights maintains� grounds and plows the snow. She felt that Fridley should try to find fundir�g for SACA, as they serve almost as many Fridley residents as Columbia Heights residents. At this time they are in the red by $4,372. She submitted a copy of their proposed budget. Councilwoman Jorgenson requested that SACA provide a breakdown on what Fridley contributes as a community. _ Councilwoman Bolkcom suggested to Ms. Jolly that she contact the group associated with the Values Program. PUBLIC HEARINGS: 16. PUBLIC HEARING ON AN ORDINANCE AMENDING SECTION 2.06.01 OF THE FRIDLEY CITY CHARTER: MOTION by Councilman Billings to waive the reading of the public hearing noticed and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:55 p.m. Mr. Champa, City Clerk, stated that this is a public hearing for an . amendment to Section 2.06.01 of the City �harter. The Charter Commission addressed �his proposed amendment over the past year and FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 11 passed it at their January meeting. The amendment removes the words "without good cause," which would make it possible for the Council to declare a vacancy in the event a council member was not performing any of the duties of inembership in the Council for a period of three months. Councilman Schneider questioned whether the language accomplishes what is intended. He reads the language that if a councilmember does not do just one thing, a vacancy could be declared. Ms. Mau, past Chairperson of the Charter Commission, stated the intention was that if a council member could not perform any of the duties, he could be removed. Councilman Schneider asked if this section would apply if, for example, a council member could read the minutes, give input, consult with the City Manager, converse by phone, but could not attend a Council meeting. Ms. Mau stated that this would not apply. The intent of this section was if a council member did nothing. Councilman Schneider felt that the language should be further clarified. Mr. Knaak, City Attorney, stated that deleting the words "without good cause," eliminates a council member's defense. Councilman Billings stated that the Charter does not now provide any mechanism for a member to be removed who is incapacitated. He felt that the Charter Commission was looking for a way to try to accommodate this issue. In the final analysis, it seems to make sense to eliminate the words "without good cause." If a council member is incapacitated or not present to provide the leadership for the City, the question is if that council member has the responsibility to the voters to resign so the Cit� can proceed to have an election ta find someone that can carry out these duties. By striking "without good cause" the Council is taking away the defense. If a council member is not doing his job, he is not representing the citizens who elected him, and the Council then has to make the decision to declare a vacancy. Councilman Schneider asked if Council would take action if a person is unable to remove himself because he is totally incapacitated could not choose to resign. He felt the language should be very precise. Councilwoman Bolkcom stated that if a council member was to be removed from office either because he was not performing his duties or because he was incapacitated, all of this would have to 3�e reviewed. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 12 Councilman Schneider raised some hypathetical issues relating to removal of a council member strictly for political gain. He felt that the,language should be drafted carefully so there is no room for abuse. Councilman Billings stated that it seems clear to him that failure of any council member to perform any of the duties of inembership ot the Council is reason for removal. Mr. Knaak stated that he is not sure that removal of the words "without good cause" would accomplish the intended purpose. He would suggest insertion of the language "because of incapacitation or absence from the City". He wondered about the legal reason for not inserting that specific language, but he is not suggesting it was something that was missed. Ms. Mau stated that there are many reasons that would have to be listed for a council member to not be capable of performing any of- his duties. It was felt that the language in this ordinance summed it up pretty well. Councilman Schneider felt that the purpose of the language is to cover a situation where, due to total disability or incapacitation, a council member was not able to resign. He agrees 100 percent with this concept, but he is philosophically opposed that the Council can take action. Mr. Knaak stated that if it is the intent to focus on the issue of incapacitation, he would suggest the words "because of incapaci- tation" be added after the words "three months" at the end of the next to the last line of this proposed amendment. Councilwoman Jorgenson stated that Council does not have the ability to amend the Charter Commission`s proposed amendment. Ms. Mau stated that she car� bring this suggestion back to the Charter Commission. Councilman Schneider felt that there are two issues. He agrees with the Charter Commission's concern how to handle incapacitatian, but he did not feel the language is precise enough. He stated that, with the other incidents, he has a philosophical difference. As long as there is recall, malfeasance, and non-feasance, he felt Council should not be involved. Councilman Billings stated that he does not want to minimize the ability of the electorate to remove someone from office; however, this is a very cumbersome course. The way he interprets the language, it would be a situation where someone either throuqh incapacitation or through wi�.?ful neglect did not perform ``yhe duties of their office and could be remov?d. Council would be taking an action that they felt would be ir� the best interests of the City. If Council obviously did something that is inappro- FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 13 priate, this would be handled by the electorate in the forthcoming election. The language is there. It has been there for some forty years and has not been willfully abused by any Council in the past. Because of the way the state statutes are structured, Council does not have the ability to make amendments. They either accept or reject the amendments submitted by the Charter Commission. Councilman Schneider stated that the Charter is an area where they have to exercise extreme diligence. If, in fact, they are trying to cover more than the incapacitation issue, he has a problem with it. He would like to see another proposal to tighten up the language. He is not quite sure how to resolve the philosophical difference. No persons in the audience spoke regarding this proposed Charter amendment. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion ca-rried unanimously and the public hearing closed at 9:45 p.m. 17. PUBLIC HEARING ON AN ORDINANCE AMENDING CHAPTER 3 OF THE FRIDLEY CITY CHARTER: MOTION by Councilman Schneider to waive the reading of the publie hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:45 p.m. Mr. Champa, City Clerk, stated that the Charter Commission has spent the last three years reviewing this chapter on Council procedure. The amendments accomplish the following: clarifies first Council meeting of the year; allows for notifying council members of ineetings in ways other than written notice (i.e., electronic mail or �-mail); however, the twelve hour notice requirement remains intact; clarifies a quorum and majority; and removes excessive language or changes language slightly without altering the meaning or intent. He reviewed all the proposed changes by each section which included meetings, quorums, ordinances, resolutions, and motions. Councilman Schneider asked the reason for reducing the number from three to two members of the Council that may call a special meeting. Councilman Billings stated that in January, the Charter Commission requested that representatives of the Council meet with them. He and Councilwoman Bolkcom were present when this particular language was discussed. This was prior to when Mr. Champa was appointed as liaison to the Charter Commission. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 14 Councilman Billings stated that i� was the Charter Commission's feeling that if two members of the Council felt something was so important that it necessitated a special meeting, their options should be honored. If there was a majority controlling the agenda and items that a minority felt were important, this would provide the means to call it to the attention of the public by calling a special meeting. Councilman Schneider asked if the language regarding the violation of an emergency ordinance was necessary. Ms. Mau stated that this section is merely clarified and makes it easier for the general public to understand. No persons in the audience spoke regarding this proposed Charter amendment. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 10:02 p.m. 18. PUBLIC HEARING ON ADDING AN ADDITIONAL -PARCEL TO REDEVELOPMENT PROJECT AREA NO. 1 FOR WALLBOARD, ZNC. (WARD 3): MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee-declared the motion carried unanimously and the public hearing opened at 10:04 p.m. Ms. Dacy, Community Development Director, stated that this parcel is proposed to be added to Redevelopment Project Area No. 1 in the Great Northern Indust'rial Park south of I-694. The purpose of the public hearing is to comply with state law when a City adds to a redevelopment area. This is not to establish a tax increment financing district but would place the parcel in the redevelopment project area. This would permit the Housing and Redevelopment Authority to promote development opportunities to add tax value, create jobs and diversify the tax base. Ms. Dacy stated that Wallboard, Inc. suppiies building materials to general contractors, drywall contractors, and the general public. They are proposing to construct a 30,000 square foot building at a cost of approximately $1,�50,000. They currently employ 27 persons. They anticipate this number to rise to 32-34 in one year and to 40-45 in five years. Since 1984, the company has tripled in size, and their.sales volume is $8,000,000. Ms. Dacy stated,,;that at their June 13 .meeting, the HRA directe�' staff to add this to the redevelopment area and to negotiate a development contract for an $85,000 loan to be repaid at five- percent over a ten-year period with a personal guarantee from the FRIDLEY CITY COUNCTL MEETING OF JULY 22, 1996 PAGE 15 owner. Unfortunately, the owner had another commitment and had to leave the meeting. No persons in the audience spoke regarding the addition of this parcel to Redevelopment Project Area No. 1. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 10:10 p.m. At this time, the City Manager, Mr. Burns returned to the Council meeting. He stated the school board, with great enthusiasm, approved the agreement for joint use of the Hayes Elementary School gymnasium. They will be sending a letter indicating that the language does not apply to false situations and are not insisting it be part of the agreement. NEW BUSZNESS: 19. SPECIAL USE PERMIT, SP #96-13, BY SAMIR AWAIJANE, TO ALLOW A REPAIR GARAGE AND TO ALLOW AUTOMOBILE AGENCIES SELLING OR DISPLAYING NEW AND/OR USED VEHICLES ON PROPE�ZTY GENERALLY LOCATED AT 970 OSBORNE ROAD N.E. (WARD 2): Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit for agencies selling or displaying new and/or used motor vehicles and for a repair garage. The property is approximately 24,000 square feet, and this request is consistent with the general business zoning. Staff reviewed the request for a 2,800 square foot building for auto repair and recommends approval with 19 stipulations. The Planning Commission also concurs. One provision dealt with the variance to the setback. However, the petitioner has agreed to move the building, and the variance is not needed. Councilman Schneider clarified that a variance was no longer needed since the building will only be used for mechanical repair. Mr. Hickok stated that there would be muffler repair and minor auto repairs but no body work. Councilwoman Bolkcom questioned how no test driving of cars in the adjacent residential neighborhoods would be enforced. Mr. Hickok stated that this should be made clear to the customers. If the petitioner does not adhere to the stipulations, the special use permit could be revoked for non-compliance. Ms. Dacy stated that if staff receives any complaints, it would be the basis for a revocation hearing. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 16 MOTION by Councilman Schneider to concur with the recommendatian of staff and the Planning Commission and grant Special Use Permit, SP #96-13, according to the site plan dated July 7, 1996, with the following stipulations: (1) a final grading and drainage plan and calculations shall be submitted prior to issuance of the building permit. The petitioner shall comply with all stipulations recom- mended by the City engineering staff upon review of the final grading and drainage plans; (2) the petitioner shall apply for and receive the appropriate permits from Anoka County for work in the road right-of-way; (3) all signs shall comply with the city Sign Code; (4) all vehicles shall be entirely parked on a surface of asphalt or concrete, which shall be lined with concrete curb; (5) all lighting shall be downcast and shielded against horizontal glare; {6) the landscape plan shall be reviewed and approved by the City planning staff prior to issuance of a building permit; (7) the site plan shall be modified so that the southwest corner of the building meets the 25 foot setback; {8) a performance bond of 3% of the construction value of the project shall be submitted prior to issuance of a building permit; {9) the petitioner shall execute and record a storm water maintenance agreement for the property; (10). the petitioner shall grant the City a 30 foot drainage and utility easement along the south property line; (11) no vehicles shall be parked in locations on site, other than parking stalls that have been striped and meet the code-required minimum standards for parking stalls; (12) repair activity beyond the scope of this application shall constitute the necessity for an additional special use permit: (13) the use shall not provide for the outdoor operation of lubricatian equipment, hydraulic lifts or service pits; or the outdoor display of inerchandise; (14) the property shall not be used as a place ot storage or depository of wrecked, abandoned or junked motor vehicles; (15) all vehicles associated with this use must be parked on site. Automobiles being serviced may be parked for a maximum period of 48 hours at any one time; (16) the use of streamers, pennants, and flags is prohibited; (17) the petitioner shall comply with the temporary sign ordinance for all temporary signs on the property; (18) the petitioner shall apply for and receive the appropriate City car sales license; and (19) there shall be no test driving of cars in the adjacent residential neighborhoods. Seconded by Councilwoman Bolkcom. Upon a voice vote, al1 voting aye, Mayor Nee declared the motion carried unanimously. 20. ESTABLISH PUBLIC HEARING FOR AUGUST 26,1996, FOR REVOCATION OF SPECIAL USE PERMIT, SP #95-05, �'O HOME DEPOT, GENERALLY LOCATED AT 5650 MAIN STREET N.E. (WARD 3): Mr. Hickok, Planning Coordinator, stated that at the July 8 Council meeting staff was directed to take a stern approach to assure compliance with Home Depot's special use permit. Staff is recommending August 26 as the public hearing date to consider revocation of the s�ecial use permit far the garden center at Home Depot. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 17 MOTION by Councilwoman Bolkcom to set the public hearinq date of August 26, 1996 to consider revocation of Special Use Permit, SP #95-05, for Home Depot. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. APPROVE HOUSING ACTION PLAN FOR THE CITY OF FRIDLEY: Ms. Dacy, Community Development Director, stated that the purpose of the Livable Communities Act is to encourage affordable housing opportunities in the metropolitan area. The Metropolitan Council has also established financial incentives for housing and redevelopment programs for communities who participate in the program. Ms. Dacy stated that the purpose of the Housing Plan is to show how the City intends to maintain its benchmarks, as agreed to by the Council when they adopted a resolution to participate in 1995. These benchmarks are affordability, life-cycle housing, and density. This Plan reviews the demographic data, existing programs, housing opportunities, and identifies specific objectives the City should pursue in order to maintain the benchmarks. The Plan has been reviewed and recommended for approval by the Human Resources Commission, the Planning Commission, and the,HRA. The Planning Commission, h�wever, was not in agreement with providing additional three to four bedroom non-affordable units. Ms . Dacy stated that the obj ectives in the Plan are not mandates, the Metropolitan Council merely comments on the Plan. The plan summarizes twelve objectives for further consideration by the City. 1"n summary, the thrust of the information is that the City should maintain a balance of affordable housing and increase non- affordable ownership and rental units in excess of $115,000 and $500 in rent per month. The City needs to look at continued rehabilitation efforts and continue construction programs. MOTION by Councilwoman Jorgenson to approve the Housing Action Plan and direct staff to forward it to the Metropolitan Council. Seconded by Councilman Schneider. Councilwoman Bolkcom asked if the Metropolitan Council could make the City accomplish what is in the plan. Ms. Dacy stated that this Plan is only for the Metropolitan Council's comments, but they do have input on the Housing Chapter of the City's Comprehensive Plan. Councilman Schneider stated that this Plan was mandated, but he questioned if it was beneficial for staff. Ms. Dacy stated that this information is very valuable for staff. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 18 UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 22. INFORMAL STATUS REPORTS: Mr. Burns, City Manager stated that there were two items to be discussed after this regular meeting. One item is the proposed development on the property south of Wal-Mart, and the other item is budget revenue and expenditure adjustments. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 22, 1996 adjourned at 10:36 p.m. Respectfully submitted, Caro•le Haddad Secretary to the City Council William J. Nee Mayor 0 CITY OF FRIDLEY M E M O R A N D U M TO: WILLIAM W. BURNS, CITY MANAGER � �� Y FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERR SUBJECT: ESTABLISH A PUBLIC HEARING FOR MAYN EVENT FOR AN INTORICATING LIQUOR LICENSE DATE: AUGUST 7, 1996 Main Event has purchased T.R. McCoys/Longhorn Grill, located at 785o University Avenue Northeast, and has applied for an Intoxicating Liquor License. Pursuant to.Chapter 603 Section .07 of the Fridley City Code, we are required to hold a public hearing before issuing this license. As a result, we would like to establish a public hearing for Main Event on August 26, 1996. The Police Department is in the process of performing the background investigation on Main Event and those results wi11 be available for the public hearing. 1.01 TO: WILLIAM W. BIIRNS� CITY MANAGER ��' l FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR BIIBJECT: MODIFICATION3 TO TH8 1995 BIIDGET DATE: July 23, 1996 Attached you will find a resolution amending the estimated revenues and appropriations to the 1995 budget in accordance with the City Charter. The adjustments listed have arisen as a result of donations, unforeseen expenditures and items budgeted in the wrong categories. All adjustments have either been informally approved by you through the Budget Reappropriation Form or made to eliminate negative � variances on the Comprehensiv� Annual Financial Repart. We request that Council approve the amendment of the attached budgets. RDP/hdk Attachment �.O � RESOLUTION # - 1996 A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FOND, CABLE T.V. FUND, GRANT MANAGEMENT FUND, SOLID WASTE ABATEMENT FIIND, HRA REIMBIIRSEMENT FUND, DRIIG AND GAMBLING FORFEITIIRE FIIND, HOU3ING REVITALIZATION FUND AND THE CAPITAL IMPROVEMENT FUND FOR THE YEAR 1995. WHEREAS, the Government Finance Officers Association requires that alI line items within divisions reflect favorable account balance in the Comprehensive Annual Financial Report; and WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 1995. NOW, THEREFORE, BE IT RESOLVED that the budgets of the following funds and divisions be amended as follows: REVENUE ADJUSTMENTS DONATION - POLICE DONATION - POLICE DONATION - POLICE DONATION - POLICE DONATION - POLICE DONATION - POLICE DONATION - POLICE DONATION - F1RE DONATION - FIRE DONATION - FIRE DONATION - FlRE DONATION - RECREATION DONATION - RECREATION DONATION - RECI�EATION DONATION - RECREATION DONATION - RECREATION DONATtON - RECREATION DONATION - RECREATION CHARGES FOR SERVICES CHARGES FOR SERVICES INSURANCE REIMBURSEMENT GENERALFUND 260 700 200 400 100 25 100 100 500 4,976 30 285 200 2,000 2,500 4,960 5,000 500 3,020 4,321 37,497 TOTAL REVENUE ADJUSTMENTS $67 674 �.0� FRIDLEY MOOSE-NATIONAL NIGHT OUT UNIT'ED & MERCY HOSP.-NAT'L NIGHT OUT FRIDLEY VFW-pqRE PROGRAM NORWEST BANK-DARE PROGRAM KfWANIS-DARE PROGRAM 1ST COMMUNITYCREDIT UNION-DARE ANOKA COUNTY-DAMqGE REPAIR CUMMINGS ENGINE-PUBLIC INFORMATION NEW BRIGHTON AERIE-PUBLIC INFO. ANOKA COUNTY FOR DEFIBULATOR MINNEGASCO FOR BROCHURES CLIMB THEATER-ENTERTAINMENT IN PARK AMERtCAN LEGION-SCHOLARSHIP VFW-MISS FRIDLEY SCHOLARSHIP �NAABI-'49ER �AYS LIONS CLUB-SENlOR HOUDAY DINNER LIONS CLUB-SENIOR TRANSPORTA710N AMERICAN LEGION-'49ER DAYS POLICE TES7ING FEES HOME DEPOT REIMB. FOR TRAFFIC STUDY PERMITS IN EXCESS OF BUDGET GENERAL FUND CONTINUED APPROPRlA7JON ADJUSTMENTS CITY MANGAER LEGAL ELECTIONS ACCOUNTING ASSESSING NONDEPARTMENTAL POLICE PERSONAL SERVICES SUPPUES/CHARGES SUPPLIES/CHARGES PERSONAL SERVICES SUPPUES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES SUPPLIES/CHARGES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLtES/CHARGES SUPPLlES/CHARGES SUPPIJES/CHARGES SUPPLIES/CHARGES SUPPLIES/CHARGES FlRE PERSONAL SEqVICES PERSONAL SERVICES PERSONAL SERVICES PERSONAL SERVICES SUPPLJES/CHARGES SUPPLIES/CHARGES CAPITAL OUTIAY CAPITAL OUTLqY RENTAL INSPECTIONS PERSONAL SERVICES MUNICIPAL CENTER ENGINEERING PUBLIC WORKS RECREATION PLANNING SUPPLIES/CHARGES SUPPLIES/CHARGES CAPITAL OUTLAY PERSONAL SERVICES SUPPUES/CHARGES SUPPLIES/CHARC�S SUPPUES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES SUPPLIES/CHARGES (1,632) 1,632 3,418 5,294 884 EUMiNATE NEGATNE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE FUND STATE REPRESENTATIVE ELECTION FUND STATE REPRESENTATlVE El.ECTION (346) ELIMINATE NEGATIVE VARIANCE 346 ELIMINATE NEGATNE VARIANCE 1,878 EUMINATE NEGATNE VARIANCE (1,87$) ELIMINATE NEGATNE VARIANCE 967 ELIMINATE NEGATNE VARIANCE (967) EUMINATE NEGATNE VARIANCE (3,418) EUMINATE NEGATNE VARIANCE 7,878 ADD'L UNEMPLOYMENT COSTS 1,785 3,020 (1 �464) (67,277) (5�) (10,833) 1,464 630 540 4,976 10,833 DONATIONS FOR NATiONAL NtGHT OUT RECRUIT TESTING FEES ELIMINATE NEGATI�/E VARIANCE EUMlNATE DOUBLE BUDGETfNG OF SALARtES ELJMINATE NEGATNE VARIANCE ELIMINATE NEGATNE VARIANCE ELIMINATE NEGATNE VARIANCE PUBLIC INFORMATION DONATIONS USED ELIMINATE NEGATNE VARIANCE DEFIBULATOR DONATION USED ELIMINATE NEGATNE VARIANCE 13,668 EUMINATE NEGATIVE VARIANCE 4,958 COSTS FOR POLICE CLOSING 6,440 CARD ACCESS INSTALLATION (3,787) 3,787 (13,668) 15,445 ELIMINATE NEGATIVE VARIANCE EIJMINATE NEGATiVE VARIANCE EUMlNATE NEGATIVE VARIANCE 49ER DAYS AND SENIOA DONATIONS USED (27,209) ELJMINATE NEGATIVE VARIANCE 33,244 ELIMINATE NEGATNE VARIANCE 4,321 HOME DEPOT TRAFFIC STUDY BUILDING INSPECTION PERSONAL SERVICES (1,729) ELIMINATE NEGATIVE VARIANCE SUPPL(ES/CHARGES (4,306) EUMINATE NEGATIVE VARIANCE SUPPI.IES/CHARGES 37,497 CONTRACT INSPECTION COSTS 2.03 GENERAL FUND CONTINUED EMERGENCY RESERVE TOTAL APPROPR1AT10N ADJUSTMENTS REVENUE ADJUSTMENTS LICENSES INTEREST EARNtNGS TOTAL FiEVENUE ADJUSTMENTS APPROPRIATION AOJUSTMENTS PERSONAL SERVICES SUPPLIES/CHARGES TOTAL APPROPRIATION ADJUSTMENTS (6,440) CARD ACCESS 1NSTALLATION (7,878) ADD'L UNEMPLOYMENT COSTS 67,277 ELIMINA7E DOUBLE BUDGETING OF SALARIES (6,178) FUND STATE REPRESENTATIVE ELECTlON (4,958) COSTS FOR POLICE CLOSING $67.674 SPECIAI REVENUE FUNDS CABi.E N �UND (4,004) 16,898 $12.894 (1,147) ELIMINATE NEGATNE VARIANCE 1,147 EUMINATE NECATNE VARiANCE $0 GRANT MANAGEMENT FUND REVENUE ADJUSTMENTS . INTERGOVERNMENTAL $44.048 UNBUDGETED ACTIVITY APPROPRIATION ADJUSTMENTS PERSONAL SERVICES 3,574 REALLOCATE BUDGET SUPPIJES/CHARC-�S 44,048 UNBUDGETED ACTIVITY SUPPLIES/CHARGES 117,014 REALLOCATE BUDGET CAPITAL OUTLAY (120,588) REALLOCATE BUDGET TOTAL APPROPRIATION ADJUSTMENTS $44.048 SOLID WASTE ABATEMENT FUND REVENUE ADJUSTMENTS DONATIONS 1,275 DONATIONS FOR CLEAN UP WEEK MISCELLANEOUS 1,166 CLEAN UP DAY REVENUE TRANSFER FROM OTHER FUND 188,221 FUND CLEAN UP WEEK $190.662 APPROPRIATION ADJUSTMENTS SUPPLJES/CHARGES $190.662 CLEAN UP 1NEEK COSTS 2.04 REVENUE ADJUSTMENTS INTERGOVERNMENTAL APPROPRIATION ADJUSTMENTS SUPPLtES/CHARGES HRA REiM6URSEMENT FUND $13,741 UNBUDGETED ACTIVITY 13 741 UNBUDGETEO ACTIVITY DRUG AND GAMBLiNG FORFEITURE FUND REVENUE ApJUSTMENTS FlNES AND FORFEITS APPROPRIATION ADJUSTMENTS SUPPUES/CHARGES REVENUE ADJUSTMENTS 1NTEREST EARNINGS RENT SALE OF PROPERTY MISCELLANEOUS OPERATlNG TRANSFERS TOTAL REVENUE ADJUSTMENTS $277 UNBUDGETED ACTIVITY $742 UNBUDGETED ACTIVITY HRA HOUSING FUND 462 300 50,182 2,470 483,530 E� . • . UNBUDGETED ACTIVITY UNBUDGETED ACTIVITY UNBUDGETEO ACTiVITY UNBUDGETED ACTIVITY UNBUDC�TED ACTtVlTY APPROPRIATION ADJUSTMENTS PERSONAL SERVICES 72,515 UNBUDGETED ACTIVITY . SUPPUES/CHARGES 151,855 . UNBUDGETED ACTIVITY CAPITAL OUTLAY _�60p UNBUDGETED ACTIVITY TOTAL APPROPRIATION AOJUSTMENTS $520 970 HOUSING REVlTAL1ZqT10N FUND APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES 3,408 REALLOCATE BUDGET CAPITAL OUTiAY _ 13,408) REALLOCATE BUDGET TOTAL APPROPRIATION ADJUSTMENTS gp CAPITAL PROJECT FUNDS CAPITAL IMPROVEMENT FUND REVENUE ADJUSTMENTS DONATIONS $15 000 CUMMINGS ENGINE-CLASS A PUMPER APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES 17,059 CAPITAL OUTLAY �gS, � 25� OTHER FINANCING USES 143,094 TOTAL APPROPRIATION ADJUSTMENTS $gp,028 2■VJ ADDED PROJECTS AND BUDGETED PROJECTS IN EXCESS OF BUDGET TRANSFER TO 1994 STREET PROJECT FUND PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _TH DAY OF , 1996. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK �■O� TO: FROM: SUBJECT: DATE: � hTT' iM <RICHARI v�L- . , WILLIAM W. BURNS, CITY MANAGER 0� "` ' RICHARD D. PRIBYL, FINANCE DIRECTOR RESOLUTION RELATING TO FRIDLEY BUSINESS PLAZA LIMITED PARTNERSHIP PROJECT August 9, 1996 Attached is a resolution that authorizes the City to execute a document entitled Letter of Representations and Indemnification, as well as amendments to the original Loan Agreement between the City of Fridley and Fridley Business Plaza. These agreements are required because a new five year letter of credit is being used to secure the original bonds. In acidition, other non-technical changes that do not affect the City are being made. Jim O'Meara, of Briggs & Morgan, has reviewed these documents and they appear satisfactory. Debra Strehlow, of Leonard, Street & Deinard, will be at the meeting to answer any questions. FridIey Business Plaza has deposited $5,000 to reimburse the City for all costs incurred. RDP/me Attachment 3.0 y RESOLUTION NO. RESOLUTION APPROVIl�IG A THIlZD SUPPLEMENTAL INDENTURE OF TRUST AND A SECOND AMENDMENT TO LOAN AGREEMENT REGARDING THE CITY'S CONIlVIERCIAL DEVELOPMENT REVENUE BONDS (FRIDLEY BUSINESS PLAZA LIlVIITED PARTNERSHIl� PROJECT) AND OTHER DOCUMENTS RELATING TI�RETO BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: 1. Pursuant to the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, recodified as Minnesota Statutes, Sections 469.152 - 469.165, as amended, the City of Fridley, Minnesota (the °City") issued its revenue obligation(s) for the purposes specified therein and for the financing of eligible projects thereunder. 2. Pursuant to Resolution No. 102-1986, adopted by the Fridley City Council on September 22, 1986 (the "Bond Resolution"), and pursuant to an Indenture of Trust, dated as of September l, 1986 and Resolution No. 124-1986 which authoriz� a Supplemental and Restated Indenture of Tnast, between the City and Norwest Bank Minneapolis, National Association, in Minneapolis Minnesota (the °Initial Trustee"), the City issued its $2,800,000 (original prinripal amount) Commercial Development Revenue Bonds (Fridley Business Plaza Limited Pard�ership Project), bearing September 23, 1986, as the date of issue thereof (the "Bonds") the Indenture of Trust was amended by a Second Supplemental Indenture of Trust dated September 1, 1991, by and between the City and First Trust National Associatioq as successor to the Tnitial Trustee (the "Trustee") (collectively, the "Indenture")_ 3. Fridley Business Plaza Limited Partnership, a Minnesota limited partnership (the "Company"), constructed an approximately 58,000 square foot multi-tenant industriaUcammercial facility (the "Project") in the City with proceeds of the Bonds. 4. The City and the Cornpany entered into a Loan Agreement, dated as of September 1, 1986, as amended by a First Amendment to Loan Agreement, dated as of September 1, 1991 (collectively, the "Agreement"), which provided, among other things, for the loan of the proceeds of the Bonds to the Company to be used to finance the Project. 5. The Indenture, the Bond Resolution and the Agreement contemplate the subsequent execution of Security Documents and/or Credit Provider pocuments (as defined in the Agreement 1425964 3.02 and Indenture), as well as such amendments of or successors to the Indenture and the Agreement as may be desirable or necessary in connection therewith. 6. There have been submitted to the City two supplemental documents entitled (i) Third Supplemental Indenture of Trust, dated as of September 1, 1996, proposed to be entered into between the City and the Trustee providing certain amendments to the Indenture, and (ii) Second Supplement to Loan Ageement, dated as of September 1, 1996, proposed to be entered into between the City and the Company providing certain amendments to the Agreement (such documents being hereinafter collectively referred to as the "Supplemental Documents"). 7. In connection with the execution and delivery of the Supplemental Documents, there has been submitted to the City a document entitled Letter of Representations and Indemnifications, to be dated on or about September 3, 1996, proposed to be entered into among the City, the Company, Miller & Schroeder Financial, Inc. as Remazketing Agent and National Bank of Canada (the "Bank"), providing for certain representations and indemnifications in connection with the remarketing of the Bonds (the "Additional Document," and together with the Supplemental Documents, the "Documents"). 8. The City has been advised by the Company that a11 necessary consents to the execution and delivery of the Supplemental Doc�ments have been or will be obtained as required by the Indenture. 9. Copies of the proposed Documents have been placed on file in the office of the City Clerk. _ 10. The authorization herein for the Ciry's execution and delivery of the Documents is contingent on satisfaction of such conditions as Briggs and Morgan, as special counsel to the City, shall specify in writing to legal counsel to the Bank and/or the Remazk�ting Agent (as such terms aze defined in the Indenture). 11. The Bonds are and shall remain special and limited obligations of the City, payable solely from the revenues derived by the City from the Agreement and from the Trust Estate provided in the Indenture. Otherwise, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory or Home Rule Charter provision, shalt not constitute or give rise to any pecuniary liability of the City, any charge against the City's full faith and credit or taxing powers or any charge,lien or encumbrance, Iegal or equitable, upon any funds or other assets of the City. 12. The City Councit of the City hereby authorizes the Mayor and the officers of the City, in their discretion and at such time, if any, as they deem appropriate, to execute and deliver the Documents. All of the provisions of the Documents, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and detivery thereof. 1425964 2 3.03 The Documents shall be substantially in the form on file in the office of the City Clerk with such necessary and appropriate variations, omissions and insentions as the Mayor and officers of the City executing the same shall approve, as evidenced by such execution thereof. 13. No covenant, stipulation, ob(igation or agreement herein contained or contained in the Documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council or any officer, agent or employee of the City in that person's individual capacity. 14. In case any one or more of the provisions of this resolution or the Documents shali for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other such provision, but this resolution and the Documents shall be construed as if such illegal or invalid provision had not been contained therein. 15. The off'icers of the City, attorneys, engineers and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution and the Documents for the full, punctual and complete performance of all the covenants and agreements of the City contained therein, including without limitation the execution and delivery of all supplementary certificates and documents necessary or advisable in connection with the execution of the Documents. 16. Except for modifications contemplated by the Supplemental Documents, this resalution does not supersede, nullifyo ur modify the Bond Resolution, which has remained in full force and effect since its adoption and which is hereby reaff'irmed, but this resolution shall be construed as supplementary thereto in respect of the express autharization herein -for the execution and delivery by the City of the Documents. 17. The Remarketing Agent has advised the City of its intention to distribute the Remarketing Statement prepared for the Bonds in connection with the remarketing of the Bonds. The City has not reviewed or participated in the preparation of the Remarketing Sta.tement, has not been requested and does not intend to, and assumes no responsibility for the accuracy, sufficiency or completeness thereof, or otherwise. PASSED AND ADOPTED BY TI� CITY COUNCTL OF TI� CITY OF FRIDLEY THIS 12th DAY OF AUGUST, 1996 ATTEST: WILLIAM A. CHAMPA - CITY CLERK 1425964 I� 3 3.04 WILLIAM J. NEE - MAYOR TO: WILLIAM W, BURNS, CI'I'Y MATTAGER �� � FROM: RICHARD D, pRlgyI,, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK S�.TE�: POLLING PLACES AND ELECTION JUDGES FOR SEPTEMBER 10, 1996, PRIMARy ELEC"1'ION DATE: August 7, 1996 Attached is the resolution designating polling places and appointing election judges for the September 10, 1996 Statewide Primary Election. � RDP/me Attachment 4.01. RESOLUTION NO. - 1996 RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING ELECTION JIIDGEB FOR THE SEPTEMBER 10, 1996 STATEWIDE PRIMARY ELECTION NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, at a regular meeting on Auqust 12, 1996. SECTION 1. SECTION 2. SECTION 3. That on the lOth Say of Beptember 1996, there shall be a Statewide Primary Election: That the polling places for said election shall be as follows: Ward 1 Precinct 1 Ward 1 Precinct 2 Ward 1 Precinct 3 Ward 1 Precinct 4 Ward 2 Precinct 1 Ward 2 Precinct 2 Ward 2 Precinct 3 Ward 2 Precinct 4 Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Grace Evangelical Free Church Hayes Elementary School Fridley Municipal Center Fridley Senior High School Woodcrest Elementary School Knights of Columbus St. Philip's Lutheran church North Park Elementary School Springbrook Nature Center Redeemer Lutheran church Stevenson Elementary School Fridley Covenant Ghurch That the polling place will be open from 7:00 a.m. to 8:00 p.m. SECTION 4. That the following people are hereby appointed ta act as Judges for said election except that the City Clerk is hereby authorized to appoint qualified substitutes as set forth in Chapter 4, Section 4.05 of the City Charter. WARD 1 PRECINCT 1 *Carolyn Holmen Sandy Goman Harriet Kish Marlene Schonebaum WARD 1 PRECINCT 2 *Arlene Linton Caroiyn Bethel Marguerite Gilbert Marlys Kranz WARD 1 PRECINCT 3 *Bernadette Bovy Carrie Bakken Lois Palmquist Adeline Musial Marion Ertl Ann Bangen Louise Molencamp Carole Blaska Linda Colstrom Ruth Huss Angeline Westman Irma Kelly Nina Landt Dee Truehl Dorothy Veres 4.02 Page 2-- Resolution No. - 1996 WARD 1 PRECINCT 4 *Norma Rust Adeline Haidle Margie Rosendahl Janet Griffith WARD 2 PRECINCT 1 *Teresa Hub Cleo Oleson Donna Nordin Nina Anderson t^1ARD 2 PRECINCT 2 *JoAnn Cedarholm Eva Coverston Janice Hebeisen Delores Lynch WARD 2 PRECTNCT 3 *Doris Reiners Mary Ann Kerner Jeannette Lindquist Regina Tony WARD 2 PRECINCT 4 *Jackie Walther Harold Dwire Naida Kruger Jeanette Priebe WARD 3 PRECINCT 1 *Betty Bonine Myrtle Morphew Jane Simpson Maureen Woodard WARD 3 PRECINCT 2 *Marie Nelson Ruby Hall Joe Murphy Betty Scott WARD 3 PRECINCT 3 *Laurie Harris Darlene Vallin Jan Long Michelle Murzyn Marlys Lisowski Marlene O'Donnell Sylvia Weeks Thomas Schonebaum Jackie Larson Joan Schroeder Marietta Everttz Dawn Benjamin Patty Galligan Muriel Kelsey Eugene ouellette Marilyn Seeman Ruby Koenen Natalie Lohmer Ann Williams Marjie Douglis. _ Marlene Eidem Barb Pickering Marlene Steichen Sharon James Kay Olson Corine Kirkham Carolyn Doyle Marlys Hinsverk Margaret Hendley Wilfred (Bill) Raeker Dorothy Sielaff Barbara Enrooth Annabel Monson Gloria Arel Shirley Erickson 4.03 Page 3-- Resolution No. - 1996 WARD 3 PRECINCT 4 *Suzanne Alvite Betty Nelson Bob Hosman Marija Netz *HEAD JIIDGE HEALTH CARE CENTER Norma Rust Patty Larsen Beverly Steeves Ben Monson Eleanor Heyda Bernadette Bovy SECTION 5. That the following judges are appointed to act as chairperson of the Election Board for the precincts designated and shall have the duties set forth in Section 2U4B.20 of Minnesota Statutes. SECTION 6. Ward i Precinct 1 Ward 1 Precinct 2 Ward 1 Precinct 3 Ward 1 Predinct 4 Ward 2 Precinct 1 Ward 2 Precinct 2 Ward 2 Precinct 3 Ward 2 Precinct 4 Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Carolyn Holmen Arlene Linton Bernadette Bovy Norma Rust Teresa Hub JoAnn Cedarholm Doris Reiners Jackie Walther Betty Bonine Marie Nelson Laurie Harris Suzanne Alvite Compensation for said Judges will be paid at the rate of $7.00 per hour for regular Judges and $7.50 for the Chairperson of the Election Board. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12th DAY OF AUGUST, 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 4.04 WILLIAM J. NEE - MAYOR MEMORANDUM DEVELOPMENT DIRECTOR DATE: August 7, 1996 TO: �Iliam Bums, Ci Mana er �� tY 9 � FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Adding an Additional Parcei to Redevelopment Project Area No. 1 for Wallboard, Inc. BackQround At the June 13, 1996 meeting, the HRA passed a motion directing staff to initiate the process to add a 3.69 acre parcel owned by Wailboard, inc. to the Redev�fopment Project Area. The motion �{so directed staff to negotiate with Wallboard, lnc: for the provision of a loan and second mortgage. � Wallboard, inc. has purchased a parcel in the Great Northem Industrial Park to construct a 30,000 square fioot building. . Wallboard, inc. supplies building materials to general contractors, drywall contractors, and to the general public. Approximately 30 jobs are proposed to be created as a result of its relocation from Minneapolis to Fridley. Wallboard, Inc. has also indicated that it will be manufacturing drivet walF � systems at the new Fridley facility. During the HRA discussion on June 13, 1996, the HRA felt that the proposed use was just as labor intensive as a manufacturing use. In addition, although the company supplies building materials to its customers, the HRA did not treat this application as a true Ndistribution" use. The HRA also noted that the size of the project and vatue of the project is similar to another project which it assisted in the area. State Law Requirements The City Council conducted the required public hearing on July 22, 1996. No one spoke in opposition to the request. The addition of this parcel into the Redevelopment Project Area enables the HRA to assist the company to encourage �wo � Resolution for Waliboard, inc. August 7, 1996 Page 2 them to locate to Fridley. A tax increment financing district is not proposed. Similar requests which have recently been completed include Sheet Metal Connectors on Main Street and ECO Finishing, also located on Industrial Boulevard. The Planning Commission reviewed this item at its July 10, 1996 meeting. The Planning Commission is required to determine the consistency of the project with the Comprehensive Plan. The site is zoned and designated as industrial, and the proposed use is consistent with the Comprehensive Plan. On July 11, 1996, the HRA approved its corresponding resolution to endorse the addition of the parcel into the Redevelopment Project Area. Also at that meeting, the HRA reviewed the status of negotiations with Wallboard, Inc. A development contract is now being prepared to provide a second mortgage/loan for $85,000. The second mortgage represents about 6.5% of the project costs. The total project cost is $1.,050,000. Approximately $850,000 is solely for construction costs. With the addition of the tax increment financing, Wallboard, Inc. will be �reating a higher value project by adding a 4,500 square foot mezzanine within the building, increasing the size of the overhead doors, and adding an appropriate amount of windows in the fro�t of the building. Without these improvements, the project would be smalier and of lesser value. Again, because the site is not within a tax increment financing district, taxes on the parcel wili be paid to all taxing jurisdictions. Recommendation Staff recommends the City Council approve the attached resolution authorizing the addition of the parcel in the Redevelopment Project Area. BD/dw 1• •: 5.02 RESOLUTION NO. A RESOLUTION MODIFYING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1- 3, 6, 7, 9- 14 BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. It has been proposed by the Housing and Redevelopment Authority (the "Authority") that the Council modify, approve and adopt a Modified Redevelopment Plan relating to Redevelopment Project No. 1(the "Project Area") to reflect increased geographic area and increased project costs within the Project Area, pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, inclusive, as amended and supplemented from time to time. 1.02. It has been further proposed by the Authority that the Council modify, approve and adopt Modified Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1- 3, 6, 7, 9- 14 to reflect increased project costs within the Project Area, pursuant to Minnesota Statutes, Section 469.174 through 469.179, inclusive, as amended an3 supplemented from time to time. 1.03. The'Authority has caused to be prepared, and this Council has investigated the facts with respect thereto, a Modified Redevelopment Plan and Modified Tax Increment Financing Plans (collectively the "Plans") to reflect increased geographic area and increased project costs within the Project Area, defining more precisely the property to be included, the public costs to be incurred, and other matters relating thereto. 1.04. The Council has performed all actions required by law to be performed prior to the modification, approval and adoption of the Plans. 1.05. The Council hereby determines that it is necessary and in the best interests of the City and the Authority at this time�to modify, approve and adopt the Plans to reflect increased geographic area and increased project costs within the Project Area. Section 2 . Findincts . 2.01. The Council hereby finds, determines and assistance to be provided through the adoption of the Plans is necessary to assure the redevelopment of Redevelopment Project No. 1. 5.03 declares that the and implementation development and Page 2 - Resolution No. 2.02. The Council hereby finds, determines and declares that the Plans conform to the general plan for the development and redevelopment of the City as a whole in that they are consistent with the City's comprehensive plan. 2.03. The Council hereby finds, determines and declares that the Plans afford maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of Redevelopment Project No. 1 by private enterprise and it is contemplated that the development and redevelopment thereof will be carried out pursuant to redevelopment contracts with private developers. 2.04. The Council hereby finds, determines and declares that the approval and adoption of the Plans by the City is intended and, in. the judgement of this Council, its effect will be to promote the purposes and objectives specified in this Section 2 and otherwise promote certain public purposes and accomplish certain objectives as specified in the Plans. Section 3. Modification, AAproval and Adoption of a Modified. Redevelopment Plan. 3.01. The modifi�ations to the Redevelopment Plan reflecting increased geographic area and increased project costs within the Project Area are hereby approved and adopted by the Council of the City of Fridley. � Section 4. Modification, Approval and Adoption of Modified Tax Increment Financinq Plans. 4.01. The modifications to the Tax Increment Financing Plans for Tax Increment Financing Districts No. 1- 3, 6, 7, 9- 14 reflecting increased project costs within the Project Area are hereby approved and adopted by the Council of the City of Fridley. Section 5. Filinq of Plans. 5.01. Upon approval and adoption of the Plans, the City shall cause said Plans to be filed with the Commissioner of Revenue. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY THIS DAY OF , 1996. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK 5.04 City of Fridley TO: William W. Burns, City Manager PW96-157 � ,.�'� FROM: John G. Flora, �Public Works Director DATE: August 12, 1996 SUBJECT: Osbome Road Improvement {CP 91-08-108, SAP 127-020-18) The County is preparing to upgrade Osbome Road from Old Central east to Stinson Boulevard. In that process, they will be installing concrete curb and gutter, storm water improvernents and a sidewalk on the Fridley side of the road It is estimated that the City's cost for that improvement will be approximately $100,000 plus engineering costs associated with this project. The attached tesolution requests State Aid off-system funding for the Anoka County Osbome Road improvement project. - Recommend the City Council adopt the attached resolution requesting off-system Municipal State Aid Funds to County State Aid Highway (CSAH 108) Osbome Road, Old Central to Stinson Blvd. • When the� plans for the improvement have been received, we will present them to the Council for approval; then schedule a public hearing on the assessments for the project, particularly the concrete curb and gutter, and finally execute a Joix�t Powers Agreement with the County. JcF:cz Attachment 6.01 RE.SOLUTION I�U. - 1996 RF.90LUPIC�i AxTII�RIZING MpNIQPAL SIIDiTE AID F[A�IDB ZO GOiA�iI'Y S'i'ATE AID HIGHWAY (C. S. A. H. 108 ) OSBORI� IaUAD — OIa C�+iL TO STII�LSO�i HLVD� (CP 91-08-108) (S.A.P. 127-020-18) �1�, it has been deemed advisable and necessary for Anoka Cbimty to �nstruct the surface of �borne Rc�ad betw�een Old C.�ntral arr.l Stinsorl Bazlevan� incl� gradirx�, Class V, bit�nninota.s, ooncxete c�urb ar�d cjuttex, d�annelization, storm sewer drainage, sidewalk and miscellaneous.impravements, and WI�RF�AS, the City is requesting off-system MSAS fund.s for the City's participating cost in the amount of $125,000, and W�, said impravement project includes bitam�inous bikeway/walkway on the north and concrete sidewalk on the south frcan Old Central to Stinson Bouleva�l, and �, said constructi.on proj ect is being sulsnitted to the Mirn�sota Depaitment of Trar��rtation State Aid Offioe and identified in its reco�3s as S.A.P. 127- 020-18. NOi�1� Z`E�REFORE, BE IT RESOLVED THAT, the City Couricil of the City of Fridley, Anoka Camty, Minnesota, that an ap�ropriation fn�t t2� M�micigal State Aid �aryds in the amaunt af $125,000 be made to apply to the construction of said improvement (S.A.P. 127-020-18) and n�uest the C�.ssioner of the Minnesota Department of Transportation to apprave this additional appropri�tion. PASSED A1�ID ADOP.L'ED BY THE CITY QOiRdCIL OF T� CITY OF FRtIDLEY T�IIS 12TS nAY �' AIJGUST, 1996. ATI'E�ST: WILLIAM A. (�MPA - CITY CI�RK WILLIAM J. NEE - MAYOR �■�� POLICE D$PARTME�T city of Fridley �pg�� Minnesota � TO: William W. Burns r� l,?� �'ROM : � Dave Sallman � SIIBJECT: Emerqencp Manaqement Director Appointment DATE: August 7th, 1996 Per your request, a resolution is attached appointinq me as the Emerqency Manaqement Director. City ordinance 106 provides for the appointment of the Emerqency Manaqement Director and �hile I have been servinq in that aapacity, there has been no formal action on this issue. The City�s Emerqency Manaqement Plan refers to Public Safety Director as the Emerqencp Manaqement Director•but that plan has not been presented to the Council for approval as pet. Staff recommends approval. 7.01 RESOLITTION NO, - 1996 RESOLUTION TO APPOINT AN EMERGENCY MANAGEMENT DIRECTOR FOR TI� CITY OF FRIDLEY WHEREAS, City Ordinance 106 provides for the establishment of a local Emergency Management Organization; and WHEREAS, the purpose of the Emergency Management Organization is to carry out emergency preparedness functions during emergencies and disasters; and WHEREAS, section 106.03 directs that the Emergency Management Organization sha11 be under the supervision of the Emergency Management Director who shall be appointed by the Mayor; NOW, THEREFORE, BE IT RESOLVED, that David H. Sallman be appointed Director of Emergency Management for the City of Fridley. PASSED AND ADOPTED BY TI� CITY COUNCII, OF TI� CITY OF FRIDLEY THIS 12TH DAY OF AUGUST, 1996. ATTEST: WII.LIAM A. CHAMPA - CITY CLERK WII,LIAM J. NEE - MAYOR 7.�2 a 0 MEMORANDUM FIRE DEPARTMENT CHARLES J.:IVICKUSICK GITY OF FRIDLEY � cx�EF r T�: `�'I�LI.y1I �1'. I�L'R\'S, CIT'�' �I-���G�:R � , �'Kd'�'y: C�L�CK ��ICKL�SICK, FIRF CHII:F � IiATE: JULY 22,1996 Si�BJFCT: CF�E'.tITC:�L ASS�;SS�II?`T TE:��Z C(3�TI�.4CT� Attached is a resolution for Council adoption authorizing the City Manager to sign on behalf of the City the Chemical Assessment Team agreement between the City of Fridley and the State of Minnesota, Department of Puhlic Safety, Staxe Fire Marshall Division. Un August 28, 1995, Council approved resolution number 50-1995 {copy attached) which authorized an agreement v��ith the State for the loaai of State owned hazardous materials emergency response equipment te the City. During the pa.�t year, the fire depa,rtment has practiced using that equipment while the final tenns of the attached agreement were being finalized. The attached agreement designates the City of Fridley as the contract admiiustrator for providing ciiemical assessment einergency services. This service is a joint effort between the Fridle_y, Coon Rapids and Spring La1:e Park\BlaineuVlounds View fire departments. It is an example of caoperation between cities to promote public safety within those communities as well as neighboring areas. The cost of the services and equipment is reimbursed to the City through a budgeting process which has been preapproved by the Sta.te. That agreement authorizes $8,000 reimbursement to the City for training costs incuned from January 1 through June 30, 1996, an annual $40,000 operating budget duriug the State fiscal _year, a,�d a.dditional reimbursement for costs incurred responding to an incident. We reta.in u,se of the equipment and supplies provided to us under the Loan Agreeinent approc�ed in 1995. We are �leased fha.t tlus agreement is now ready for approval; it represents nearly two _years of work by the State, aur local communities, and our corporate citizens who are members of North Metro C�i:K (Conu3i�:tuty Aivareness ai�d Emergency Response,l. ce: Frederick W. Knaak, Esq. 8.01 RE30LUTION # -1996 RESOLUTION AUTHORIZING AGREEMENT W1TH STATE OF MINNESOTA FOR F'ITRNISHIl�TG HAZARDOUS MATERIAIS EMERGENCY RESPONSE SERVICE WI�REAS, the C�ty of Fridley's fire department lias been seiected by the State of Minnesota Department of Public Safety as qualified to serve as a Chemical Assessment Team pursuant to the Minnesota Hazardous Materials Incident Response Act, and WHEREAS, the terms of said service ha.ve now i�een defined and are deemed satisfactory to the parties to the agreement, NOW, THEREFORE, BE TT RESOLVED that the Ma.yor and City Manager ar� hereby authorized to enter into a service agreement with the State of Minnesota. for the providing of Chemical Assessffient Team functions as described in, and for the consideration recited in the - "North Metro Chemical Assessment Team" contract. PASSID AND ADOPTED BY TI� CTTY COUNCII, OF TI� CTTY OF FRIDLEY THIS 12TH DAY OF AUGUST, 1996. ATTEST: WII I.IAIVI A CHAMPA - CTTY CLERK 8.02 WII.LIAM J. NEE - MAYOR RESOLUTION # �d - 1995 RESOLUTION AUTHORIZING AGREEMENT WITH STATE OF MIl�TNESOTA FOR THE LOAN OF FrA�aunOUS MATERIALS EMERGENCY RESPONSE EQUIPMENT VVHEREAS, the City of Fridley's fire department has been selected by the State of Minnesota Public Safety Department Sta.te Fire Marshall Division (hereinafter the "State") as a Ghemical Assessment Team pursuant to the Minnesota Hazardous Materials Incident Response Act (hereinaf�er the "Act"), and VVHEREAS, the State desires to loan to the City specialized bazardous materials response equipment in accordance with the terms of a Loan Agreement tendered to the City under memorandum dated July 28, 1995, pend,ing execuiion of a contract between the Cinl a.nd State for the Gity's appointment as a Chemical Assessmeni Team under the Act, and WHEREAS, the City is allowed use of said equipment to mitigate chemical releases wiihin the fue department's current response jutisdiction, - NOW, TT�EREFORE, BE TT RESOLVED that the Mayor and City M,anager are hereby authorized to enter into a hazardous materiaL4 emergency response equipment loan agreement with the State of Minnesota, the terms of wluch are substantially the same as the draft agreement tendered to the City on Tu1y 28, 1995 by the State's Hazu�dous Maxerials Regionai Response T�aam Program Operations Administrator, Deparmient of Public Safety. � PA�SSED AND ADOPTID BY TI� CTTY COUNCII� OF THE CTTY O�F �RIDLEY THIS 28TH DAY OF AUGUST, 1995. ATTEST: WII..LIAM A. CHAMI'A - CITY CLERK D:: 8�� WII.,LIAM J. NEE - MAYOR 8.03 � OBLIGATION DATE: (when work started) VENDOR NAME: January 1, 1996 City of Fridley M.S.1GA.15, Subd.3 LETTER ReasQn whv the obli�ation was incurred before contract was encumbered Contract #: OBLIGATION AMOUNT: $8,Q00.00 The City of Fridley will serve as a component of the Minnesota Department of Public Safety's Hazardous Materials Regional Response Team Program (MS 299A.48). This is a new program, the nature of which (public safety hazazdous materials emergency response) requixed the development of unique professional and technical services contracts in order to address the program's special requirements. A total of ten public and private vendors, and numerous State agencies were involved in a lengthy negotiation process which delayed implementation well beyond the planned January 1, 1996 start date. '�i In order to be rea.dy to provide service as saon as contracts were finalized, it was necessary for the vendor to schedule and conduct training and other�start up activities. Scheduling was completed in the Fall of 1995, in anticipation of the ' January 1, 1996 date. When contracts were not finalized as planned, the vendor elected not to cancel scheduled training � due to the limited opportunities for rescheduling. Vendor's failure to conduct the start up activities as planned would have further delayed program unplementation and hampered a vital public safety service. Vendor is recovering only a portion of the actual start up costs incurred. The remaining amount is being absorbed by the vendor as a cost of doing business. No costs are being paid which would not have otherwise been eligible had the ' January 1, 1996 start date been realized. . '�� 3�Ihat corrective acrion will be taken to prevent the ahr�ve problem in the future , Future contracts with this vendor will not contain funding for start up costs, nor should there be a repeat of the lengthy uutial contract development and negotiation process. ' VendQr has been advised that any future contacts will not permit the recovery of expenditures prior to issuance of a contract with all necessary approvals and encumbra.nces: Person(s) Responsible: Accounting Director: Department Head: Thomas R. Brace, State Fire Marshal James D. Franklin, Director - Division of Emergency Management ' i � . S`CATE OF MINNESOTA CONTRAC"CUAL (non-state employee) SERVICES Accounting Information: RQ for State Authorized Incidents = RQ 2000-239 A8��7'� Fiscal Year. Vendor Number: Total Amount of Contrad: qmount of Contna First FY: Commodiry Code: Commodity Code: Cotnmodity Code: Objeci Code: Objed Code: Object Code: Amount: AmounL• Amount: � Accounting Distribution 1: IFuad: Appr. Org/Sub: Rept C�atg: Amount: Acco,u�ting Disbributi� 2: Fund: Appr. O�g/Sub: Rept Catg: Amount: 'rocessing Information: (Some entries may not apply) Zequisition: Number/Date�Entry InitiaLs Accounting Distribution 3: Fmid: Appr. Oig/Sub: Rept Catg: Amount: Solicitaiion: - Number/Date/Entry Liitials 'O°�� Order: - Nu�mbea/Date/Eniry Initials Numba'/Date/Signat�res , [Individual signing certifies that funds have been encumbered as required by Minn. Sta�16A.15] A R• You are required by 11Tnnesota Statutes Section 270.66 to provide your social security number or Minnesota ideniification number if you do business with the State of Minnesota: 'I7�is information may.be used in the enforcement of federal and tax laws. SupP13'inS tt►ese Rumbe�s could result in �6on to requue you W fiie statz tax retums and pay delinquent st�te tax liabili6es. i n 'll n v nl n m vi These numbeas will be available to federal. and siate tax authorides state personnel invoolved in the payment of state obligations. Name and Address: City of Fridley 6431 University Avenue Fridley, Minnesota 55432 �c. Sec. or Federal Employer I.D. No.: 41-8600-700 Minnesota Tax I.D. No.: 8030301 THIS PAGE OF THE CONTRACT CONTAINS PRI►�ATE lNFORMATION. AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED WTfHOUT EXPRESS WRITTEN PERMISSION OF THE CONTRACTOR. If you circulate this contract internally, DO NOT include this page. 8■05 - (NathMetroC7iemicaiAssessmt�tTeam) Caver Page THIS CONTRACT', which shall be interpreted pursuant to U�e laws oC U�c State of Minnesota, between the State of Minnesota, acting through its DeparUnent of Pubtic Safety (hcreinaftcr STATE} and the City of Fridlcy, 6431 Univcrsity Avcnue, Fridley, Minnesota, 55432, (hereinafter CONTRACTOR), witnesseth that: WHEREAS, the STAT'E, pursuant to Minnesota Statutes 15.061 and Minnesota Statutes 299A.50, Subdivision 2, is empowered to enter into contracts with other state departments arid agencies, local units of government, other states, indian tribes, the federal government, or other nonpublic persons to implement the provisions of Minnesota Rules, Chapter 7514, and WHEREAS, the Minaesota Legislature has determined the need exists for a system of regionalty located Hazardous Materials Emergency Response Teams and Hazardous Materials Chemical Assessment Teams to assist local authoriiies in protecting the public safety from the effects of a hazardous materials release, and WHEREAS, CONTRACTOR represents that it is duly qualified and willing to perform the services set forth herein as a Hazardoos Materials Chemical Assessment Team. NOW, THEREFORE, it is agreed: I. CONTRACTOR' D 1TiFS. CONTRACTpR, who is not a state employee, except as defined in Minnesota Statutes, Chapter 299A.51, Subdivisions 1 and 2, shall be responsi�ble for all terms, tasks and condifions assigned by Minnesota Statute, Chapter 299A.48 to 299A.52 and Minnesota Rules, Chapter 7514, including but not limited to the following: A. Respond to hazardous materials incidents occurring in CONTRACTOR'S primary and secondary response areas when requested; B. Respond to any response area in ihe state when directed to do so by the Commissioner of Public Safety (Minnesora Rutes, Chapter 7514.0900, Subpart 1); C. Coordinate on-scene emagenc}'resPanse operations with locai, state, and federal agencies, Indian tribes, and private response organizations through the N�innesota incident Management System (Minnesota Ru1es, Chapter 75141800, Subparr 1); D. Ensure that team members are in compliance with the initial, continaing educatian, and team tcaining requirements estabtished in Mumesota Rules, (fiapt� 7514.0600,-Sabpazts 1 to 4, and annually certify such compliance to the Commissioner (Minnesota Rules, Chapter 7S14.U600, Subpart 6); E. Ensure that team membeas are in compliance with the medical requirements established in Minnesota Rules, Chapter 7514.0600, Subpart 7, and annually certify such compliance to the Commissioner (Minnesota Rules, Chapter 7514A600, Subpart 7); ' F. Deploy team personnel and equipment to a hazardous materials incident within an average of fifteen (15) minutes from the time the decision is made W dispatch the team (Minnesota Rules, Chapter 7514.0500). For purposes of the clause; the decision to dispatch the team will be considered made at the time the CONTRACTpR'S point of contact for parposes of dispatching the team, as identified in Appendia E, is notified by the STATE; G. EnsUre compliance with all other employer requirements established in Minnesota Rules, Chapter 7514.0600; H. Conduct a formal evaluation of the team's response to each incident as required by Minnesota Rules, Chapter 75 i4.1300: I. Submit a detailed report of the team's response to an incident as cequired by Minnesota Rules; CF�apter 7514.0900, Subpart 7. and take all appropriate measures to identify to the STATE the responsible person of each incident; J. Designate a primary and one or more alternate representative(s) to the Hazardous Materials Regional Response Team Program Team Advisory Commitiee, who will make every reasonable attempt to attend meetings of the comrnittee and have the authority to make recommendations on behalf of the CONTRACTOR; K. Designate a primary and aitemate representative who will receive 6�ining in applying the suggested operating guidelines and other administra6ve procedares of the Hazardous Materials Regional Response Team Program, provided by the Commissioner, (NoAh Metro C�emical Assessment Team ) 8�0� Page I as rcquired by Minnesota Rules, Chaptcr 7514.0700, Subpart 2, and who will bc responsible for providing that instruction to other team members; L. Maintain and store emergency resp�nse vehicles and equipment, whether loaned to CONTRAC"TOR by the STATE, or owned by CON'TRACTOR, in proper working order and ready for response at all times, except as may be necessary for the performance of routine or necessazy maintenance, nepairs or replacement. CONTRACTOR must immediately notify tfie STATE whenever CONTRACT'OR is not available for emergency response as a result of such circumstances; M Submit claims for recoverable costs to the Commissioner as reqwred by Minnesota Rules, Chapter 7514.1700, $ubparts 1 and 3, and take all appro�xiate measures to identify to the STATE tl�e responsible person for each incident. N. Maintain the minimum composition of team members reqaired by Minnesota Rules, Chapter 7514.0800; O. Respond to each incident with three (3) persons certified to the levels of hazardous materials training required by Minnesota Rules, Chapter 7514.0800, Subpart 6; P. Respond to incidents and assist bcal authorities by p�viding technipi advice to local incident commar�ders and recommending mi6garion actions necessacy to �t life, propeaty and the environment that are in keeping wiih locally available levels of hazardous materiais training and response capability (Minnesota Rules, Chapter 7514.0900, Subpart 3); and Q. Respond to incidents in conjonc6on with an Emergency Response Team, to assess an incident, develop and recommend mitigation strategies, and assist wiih response operations (Minnesota Rules, Chapter 7514.090p, Subpart �). �ONSIDERATION ANn TERM OF pqyMEIV1- A. Consi�eration far all sen+ices performed and goods or material, suppli� by CONTRACTOR pursuant to this contract shall be gaid by the STATE as follow� . 1. CONTRACTpR's CompensaUion, CONTRACfOR shall be paid by the STATE for the following costs associated a• Capihal equipment - cast of capital equipment including vehicles; Not to exceed $0.00 beginning Janua�, 1, 1996 tluough June 30, 1996 Not to exceed $850.00 beginning July 1, 1996 through June 30, 1997 b. Training - Annual vost of training team personnel; Not to exceed $7,550.00 beginning January 1, 1996 duough June 3Q 1996 Nnt to exceed $29,950.pp beginning July 1, 1996 through June 30, 1997 c. Medical Eaaminations - Cost of annual medical examinations for team personnel; Not to excxed $0,0p through June 30,1997 No[ to exceed $0.00 beginning July 1, 1996 through June 30, 1997 d. Consumable Supplies - Initial cost of consumable supplies; Not to exceed $0.00 beginning January 1, 1996 through June 30, i996 Not to exceed $1,000.0p beginning July 1, 1996 through June 30, 1997 e. Administration - Program administration costs; Not to exceed $450.00 beginning Ianuary 1, 1996 through June 30, 1996 Not to exceed $6,OOO.Qp begin�ing July 1, 1996 through June 30, 1997 f• Maintenance - Equipment maintenance costs; 8■ O� (Nwth Metro Chemical Assessment Team ) Page 2 Not to cxcc;cd �0_00 bc�inning January l, 1��6 through Junc 30, 1996 Not to excced $2,200.00 be�inning luly 1, 1996 through Junc 30, t997 CONTRACTOR may submit a rcvisc;d budget Cor any dcviation of ZO�o or iess l�etween the funding categories listed above during each state Cscal year of this contract (See Clause II, Section A, Item 5). However, the revised budget must be approved by the STATE'S authorized agents before any expenditures may be made based on the revised budget. Any deviation greater than 20% between the funding categories �isted above during each state f'�scal year of this contract (See Clause II, Section A, Item 5) will require an amendment to this Agreement. 3. Emergency Response Compensation. CON'I'RAC'I'OR shall be reimburseci by the STATE for the reasonable and necessary costs associated with an actual response as follows: a. Team Personnel Costs; Ja�ry 1. 1996 through December 31 1996 $2252 per hour per person for on-duty personnel, $33.78 per hour per person for off-daty personnel, three (3) persons, iwo (2) hour minimum from 6:00 am to rnidnight, three (3) hour minimum from midnight to 6:00 am. Ian�i ry 1. 1997 through Jane 30 1997 $23.16 per hour per personfor on-duty peisonnel, $34.74 �er hour per person for off-duiy personnel, three (3) persons, two (2) hour minimum from 6:00 am to midnight, �(3) hour minimum from midnight to 6:00 am. � b. Additional Wage Costs for Local Catlback Personnei; - - ' � 11� � � :� ." 1�1� � 11.26 per hour per peispn for on-ciaty eoverage, two (2j hour minimum from 6:00 am to midnighi, ttuee (3) hour minimum fiom midnight to 6:00 am. Ja�ry i. 1997 throuEh June 30 1997 $11.58 per hour per personfor on-duty coverage, two (2) hour minimum from 6:00 am to midnight, three (3) hour minimum from midnight to 6:00 am. c. Vehicle Operating Costs; $37.50 per hour, including clean up dme after returning to fire station. d. Cost of Consamable Supplies Used; CONTRACTOR will submit an itemized invoice for actual costs incurred e. Costs of Repair or Replacement of Da�r�aged or Destroyed Equipment; CONIRACTOR wiil submit an itemized invoice for actual costs incurred. If costs exceed $500.00, the STATE may reques[ competiUve bids or quotes prior to the repair or repiacement of equipment. CONTRACTORS, who are municipalides, must comply with municipal bidding laws. f. Communications Costs; COI�RACTOR will submit an itemized invoice for acmai costs incurred. Eligible costs are defined as cellular and land line telephone costs for voice, data, or facsimile transmissions. I V� O V (Niath Metro Chemical Assessment Team) Page 3 g. Admioistrative Cos�s Direcdy Rcsulting from the Emergency Response; Up to $275.00 per State authorizcd emergency response_ CONTRACTOR may request additional administrative cost compcnsation, basecl on ao itemized invoice for actual costs incuneci, when extraordinary circumstances resuldng from a specific State authorized emergency response are documented. Costs Incarred in ihe use of Special Equipment as pcovided in Minnesota Rules, Chapter 7514. i200; i. Costs Incuned in the use of Special Technicai Assis[ance as provided in Minnesota Rules, Chapter 7514.1200; j. Costs Assoeiated with Providing Support to Cleanup Operations when Requested in Accordance with Minnesota Rules, Chapter 7514.0900, Subpart 5; k. Costs Associated with Providing Standby Technical Assistance when Requested in Accordance with Minnesota Rules, Chapter 7514.1600, Subpart 4 and; 1• Other Direct Costs incurred by the CONTRAC'POR as a Result of the Emergency Response. 4. Costs incuired under Clause II, Section A, Item 3 of this Agreement for any single response by CONTRACTOR may not exceed Five Thousand dollars ($5,000.00), unless authorized by the STATE. All necessary and reasonable costs associated with a state authorized emergency response to a hazardous materials incident, incncred by CONTRACTOR and authorized by the STATE, will be billeti by the STATE to the responsible person, and managed by the STATE ttuough a separate revolving acooant for such incidents. CONTRAC:TOR agrees tt�at the STATE subrogates to the rights of the CONTRACTOR against diemspons�ble person as defined in Minnesota Statutes 299AS2. 5• 11�e total obligation of tt�e STATE far all compensation to CONTRAZ'I'pR inc�ned �der Clause II, Sectian A, Item 1, of this Agneement, shail not ezc�ed Eight Thousand dollars (S$,000.00) from January 1, 1996 through June 30, 1996, and Forly Thousand dollars ($40,000.00) fi�om Jaly 1, 199b tluough J�me �0, 1997. Funds not expen,ded by CONTRACTOR during any single State fiscal year may be canied avrr into a subseqvent State fiscal year. B. T�rms of Payment 1. Payment shall be made by the STATE prompfly after CONTRACTOR's presentation of invoices for services perfonned and acceptance of sach services by the STATE'S aathorized agents pursuant w Clause VI. Invoices shall be submitted in a form prescn"bed by the STATE and according w the following schedule: CONTRACTOR's Compensation. CONTRAGTOR shall submit a completed CONTRA�,"PpR's Compensation Reimbursement Packet monthly or quarterly for reimbursement of costs identified in Clause II, Secrion A, Items 1 and 2 of this Agreement The STATE will process completed ReimbursementPackets for compensation within_ thirty (30) days of receip� The total amount of reimbursement pertaining to Clause II, Section A, Items 1 and 2 of this Agreement shall not exceed the limits of this contract. Emergency Response Compensation. CONTRACTOR is respoosible for submitting a claim for reimbursement for the reasonable and ne�yessaiy costs associated with a STATE authorized emergency response to a hazardous materials incident within 45 days of the termination of the response. The claim for reimburs�ment must be made on STATE provided forms and must detail the reasonable and necessary costs of the response as provided in Clause I[, Section A, Item 3. The STATE will process completed forms for reimbursement within thirty (30) days of receipt. The total amount of reimbuisement pertaining to Clause II, Section A, Item 3 of this agreement sha11 not exceed the limits of this contract. 2. No more than ninety (90%) pe�ent of the CONTRACTOR's compensation due under this contract shall be paid until the final products of the contact have been reviewed by the agency head {or the individual who executed the contract for the agency) entering into the contrdet and the agency head (or �the individual who executed the contract for the agency) has determined thai the contractor has satisfactorily fulfilled all the terms of the contract. 8.09 (Nonh MetroChemicai Assessmqn Team) Pagc 4 III. COI�TDITIONS OF PAYMENT A11 services provided by CONTRACI'OR ��ursuant tc� this conlract shall be pe��forn�ed to lhe satisfaction of the STATE and in accordance with all applicable federal, siate, arid locai laws, ordinances, rulcs, and ra�ulatioi�s. CONTRACTOR shall not receive payment for work found by the STATE to be performed in violation of fcderal, stati; or 1<�al law, ordinance, rule or regulation. Lack of Appropriation: Cootinuation of this contract is con[ingent upon continucd legis�a[ive appropriatio�a of funds for the purpose of this contrac� If these funds are not appropriated, the STATE will immedia[ely notify CONTRACTOR in writing and [he con[ract will terminate. IV. TERMS OF CONTRA This contract shal! be effective on January 1, 1996, or upon the date that the last signature is obtained by the STATE, pursuant to Minnesota Statutes 16B.06, Subd.2, whichever occurs later, and shall remain in effect umil June 30, 1997, or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first, subject to the following schedule: A. Training, Supplies, Ec�uipment and Medical Exams. Beginning on the effective date of this contract, CONTRACTOR may expend CONTRACTOR's Compensa6on funds identi6ed in Ciause II, Section A, Items 1 and 2, to obtain required training for team personnel, and any supplies, equipment and medical examinations necessai-y to begin providing emergency response to hazardous materials incidents. B. Emergency Response to Hazardous Materials Incidents. CONTRACTOR shall be�in providina a11 services identified in Clausc I., of this contract on September 1, 1996, or on such date as is mutually agreed to by both parties in writing. V. �ANCELLATION. A. Cancellation by STATE. This contract may be cancelled by the STATE at any time, with or without cause, upon thirty (30) days written notice to the CONTRACTOR. 1. In the event of such a cancellation for cause, CONTRACTOR shall refund to the STATE a pro rata amount of the contract and funds received by CONTRACTOR for compensation in accordance with Clause II., Section A., Items 1 and 2. CONTRACTORS who have satisfied ihe requirements of 7514.0600 prior to the date of cancellation shall not be subject to the pro rata refund provision contained in this clause. 2. In the event of such a cancellation, CONTRACTOR shall be entifled to payment of CONTRACTOR's Emergency Response Compensadon in accordance with Ciause II, Section A, Item 3, incurred under this Agreement as the resuit of a state authorized emergency response to a hazardous materials incident, for services performed until the effective date of cancella6on. B. Cancellation by CONTRACTOR. This contract may be cancelled by CONTRAC"TOR at any time, with or without cause, upon ninety (90) days written notice to the STATE. 1. In the event of such a cancellation, CONTRACTOR shall refund to the STATE a pro rata amount of the contract and funds received by CONTRACTOR for compensation in accordance with Clause II, Section A., Items 1 and 2. CONTRACTORS who have satisfied the requirements of 7514.0600 prior to the date of cancellation shall not be subject to the pro rata refund provision contained in this clause. 2. In the event of such a cancellation, CONTRACT'OR shall be entided to payment of CONTRACTOR's Emergency Response Compensation in accordance with Clause II., Section A, Item 3, incurred under tfiis Agreement as Ihe result of a state authorized emergency response to a hazardous materials incident, for services perfonned until the effective date of cancellation. ' VI. AUTHORIZED AGENTIS) The STATE'S authorized agents for the purposes of administration of this cor�iract are the State Fire Marshal and Director of the Minnesota Division of Emergency Management, or their designecs. Soch a�ents shall have final aathority foracceptanee of CONI1tACTOR'S services and if such services are accepted as satisfactory, shall so certify on eaeh invoice submitteci pursuant to Clause II, Section B. CONTRACTOR's authorized agent for the purposes of administration of this contract is Charles J. McKusick, Chief, Fridley Fire Department, 6431 University Avenue, Fridley, Minnesota, SS432_ (North Metro Chemical Assessment Team) 8.10 Peg� 5 VII. ASS[GNMENT. CONTRACTOR shall ocither assign nor iransfer any righls or obligations under this contract withoat the prior written consent of the STAT'E. VIII. AMENDMENTS. Any amendmcnts to this contract shall be in writing and dated, and shall be exccuted by the samc parties who executed the original contract, or their successors in ofCce. IX. LIABII,ITY. CONIRACTOR agrees to indemnify, save and hold harmless the STATE, its agents and employees from any and all claims or causes of ac6on, including all �asonable attorney's fees incurred by the STATE, arising from the performance of this contract by CONTRAC'TOR or CONTRACTOR's agents or employees. Except, in accordance with the provisions of Minnesota Statutes, Chapter 299A.51, Subdivision 1 and Minnesota Rules, Chapter 7514.2000, during operations authorized under Section 299A.50, CONTRACTOR's employees operaGng outside their geographic jurisdiction as defned in Claase XVI, Item D of this contract are employees of the Department of Public Safety for purposes of SecUon 3.736.. Coverage is initiated once the team is activated by the STATE for operations authorized by the STATE, and the team is outside its geographic jurisdiction. This ctause shall not be construed to bar any legal remedies CONTRACTOR may have for the STATE'S failure to fulfill its obligations pursuanl to this contract. STATE AUDTTS_ The boo�:s, records, documents, and accounting procedures and pr�tices of the CONTRACTOR relevant to this contract shall be subject to examination by the contracting department and the LegislaGve Auditor. DATA PRACTICES A. The CONTRACTOR agrees to comply with the Minnesota Data Practices Act as it applies to all data created, gathered or acquired in accordance with this contrac� B. Any publicity given the program, publications or services provided m,s�ildng from this conOract including, but not limited to. nodces, informational pamphlets, press reteases, research reports, signs and similar public notices prepared by or for the CONTRAC"TOR, or its employces individually or jointly with others, shall identify tthe STATE as the sponsoring agency and shall not be released prior to approval by the STATE's autharized agents, � their designee. This provision shall not apply to infornnation provided to _the incident comman�r during a state authatized emerger�cy nesponse to a hazazdous materials incident �N�TIVE ACITON. (When this c,ontract is in excess of a50,000) C�ONTRACPOR ceRifies that ii has received a cetificate of compliance from the commissioner of Human Rights pinsuant to Mmne9ota Statues, Section 363.073, and, it is hereby agreed between the parties that Minnesota Statutes, Section 363.073, and M'innesota Rules, Parts 5{100.3400 to 50003600 are inoorporated into this contract by reference. A copy of Minnesota Statutes 363.073, and Minnesota Rules, Part 5000.3400 [0 5000.3600 is availabie upon request from the STATE, or the Minnesota Dep�rtrnent of Human Rights. WORKERS' COMPE.NSATION CONTRACTOR certifies that it has complied with the workers' compensation insurance coverage requirement of Minnesota Statutes, Seciion 176.181, subdivision 2. Except, in accordance with the provisions of Minnesota Statutes, Chapter 299A.51, Subdivision 2, doring operaaons authorized under section 299A.50, CONTRACTOR's employees operating outside their geographic jurisdiction as defined in Clause XVI, Item D of this contract are employees of the Department of Public Safety for pw�poses of Chapter 176. Coverage is initiated once the team is activated by the STATE, for opera6ons authorized by the STATE, and the team is outside its geographic jurisdic6on. . �I'fITRUST. CONTRACI'OR hereby assigns to the State of Minnesota any and all claims for over charges as to goods and/or services provided in connection with this contract resulting from antitrust viola6ons which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. ZIJRISDICTION AND VENLTF This contract, and amendments and supplements thereto, shall be govemed by the laws of the State of Minnesota. Venue for all legal proceediogs arising out of this contract, or breach thereof, shail be in the state or federal court with compete�t jurisdicfion in Ramsey County; Minnesota. OTHER PROVISIONS (All Appendices A through G are hereby incorporated and made a part of this agreement.) A. The STATE reserves the right, with the CONTRACTOR's approval, to extend this contract for up to an additional three and one-half (3 1/2) years, in a minimum of one (1) year inerements, from the expiration date of this conuact. 8.11 Page 6 B. Primary Response Area Boundarics: For purposes of Clausc [, CONTRACTOR's primary responsc are:i boundaries .irc established as described in Appendix A: C. Secondary Response Area Boundaries: For purposes of Clause i, CONTRACTOR's secondary response area i�un�ries arc established as described in Appendix B: D. CONTRACTOR's Geographic Jurisdicdon: For puiposes of Clauses IX and XIII, CONTRACTOR's normal geographic jurisdiction is estabtished as described in Appendix C. E. STATE owned Vehicles, Trailers and Equipment Loaned to CON'TRACTOR: STAT'E agrees to loan to CON"I'RACTOR the hazardous materials emergency response vehicles and equipment identified in Appendix D, in accordance with the fotlowing terms and conditions: 1. CONTRACTOR may use and have pcusession of the vehic(es, trailers and equipment identified in Appendix D. 2. The STATE shall retain 6tle and legal ownership of loaned vehicles, crailers and equipment identi6ed in Appendix D, and provide for their nepiacemen� 3. The STATE shall, upon request of CONTRACTOR, train at least one person desiQnated by CONTRACTiOR in the proper handling, use and mair►tenance of the vehicles, irailers and equipment identified in Appendix D. The STATE shall provide this training to CONTRACTiOR'S personnel without cost, other than travel and related expenses. 4. � The STATE shall maintain all necessary inventory control records on the vehicles, trailers and equipment identi- fied in Appendix D. 5. The STATE shall administer any manufacturer's vvananty claims which may result during CONTRAC"POR'S use of the vehicles, trailers and equi�anent identified in Apper+dix D. - 6. The S'TATE will provide CONTRACI�OR with technical assistance as necessary regazding the proper handiing, � use and maintenance of tlie vehicles, lraileas and equipment ideniified in Appendiz A 7. CONTRAC'POR shall keep and maintaia the vehicies, trailers and equipment in proper operating condition. 8. CONTRACT�OR shall resupply all disposable, expired and consumable components originally provided by the STATE, ar+d shall supply any c�ther necessary disposable and consumable components not provided by STATE, at CONTRAC'POR's expense. 9. CONTRAC'POR shall be responsible for the cost of repairing or replacing vehicles, trailers and equipment which have been lost, or in the opinion of the STATE, has been damaged due to abase, misuse, or other cause outside the scope of normal wear and tear incurred in routine proper use. The STATE shall determine whether the vehicles, trailers and equipment shall be repaired or replaced. 10. CONTRACTOR shail be responsible for the costs of routine maintenance and repair in accordance with the manufacturer's recommendations. 11. CONTRACTOR shall retum the vehicles, uailers and equiQment iden6fied in Appendix D to the STATE upon termination, expiration, or cancellation of the contrac� All such items to be delivered or shipped to the STAT'E, postage and handiing charges prepaid by CONTRACT'�OR. 12. CONTRACTOR shall not permit ihe vehicles, trailers and equipment to be tampered with or operated by individu- als who are not trained in tfieir proper handling and operation. 13. CON'I'RAC'TOR agrees to designate one or more person(s) to be trained by ihe STATE in the proper handling, use and maintenance of the vehicles, Irailers and equipment. CONTRACPOR shatt bear the cost of any travet and related expenses incurred by any person attending training. 8. � � (NonhMetro(�emicalAssessmentTeam) Page 7 14. Tl�e person(s) trained by the STAT'E in the proper use, handlinD and maintenance of the vehicics, trai(ers and equipment shall provide that training to CONTRACTOR'S tcam membcrs and othcr appropriate per.sonneL 15. CONZ'RACT'OR shall mal:e the vchides, tr:ulers and cyuipmcnt availab(e lo personnel authorizuJ by the STqTE when required for inventory or inspection purposes. 16. CONTRAC'InR may make the decontamination shelter s stem and related y equipment available to personnel authorized by the STATE in order to facilitate training to other pubiic safety agencies and personnel in its proper handiing, use and maintenance. CONTRAC"POR is not required by this contract to provide such training outside of CONTRAC7nR's own employees, but may do so at COIVTRAC'TOR's discreGon. (Note: Whenever equipment is out of service CONTRACTnR most immediately notify the STATE.) 17. CONTRACT�OR agrees to provide secure heated storage for vehicles, trailers and ec�uipment idendfied in Appendix D. 18. Insurance: CONTRACT'OR agrees to provide the STATE a certificate{s) of insurance, or a statement of self- insurance, naming the STATE as an additional insured under the policy(s) prior to the execution of this contract, for the following coverage: a. STATE Owned Vehicies and Trailers Loaned to CONTRAC"POR: 1) Automobile Physical Damage: CONTRACIbR agrees to provide automobile physical damage (comprehensive and collision) coverage on a!1 vehicles toanea to CONTRACTnR by the STATE; and, 2) Liability (Non-governmental Entities): CONTRACPOR agnees to provide liability coverage af not less that $1.0 million dollars per occuirence on all vehicles loaned to CONTRACPOR by the S'TATE; oF 3) Liability (Governmentai EntYties): CONTRACTi�R agrees to provi�e liability ooverage on all vehicles loar�ed to CONTRA(,'T1pR by the STATE. The limits of liability for such coverage must . be $200,000 for bodily injnry and ProPeriY damage Pes Pe�son> and $600,000 bodily injury and P�Pert�Y �age per occ�urence. b. CONIRACPpR Owned Vehicles and 1'railers: 1) Liability (Non-governmental Entities): CONTRACPOR agrees to p�vide liabifity coveraae of not less than $1.0 million per occurrence on all CONTRACTOR owned vehicies;. or 2) Liability (Governmentai Entities): CONTRAC"InR agrees to provide liabitity coverage on all vehicles loaned or leased to CONTRACPOR by the STATE. The limits of liability for such coverage must be $200,Qpp for bodily injury and property damage per person, and $600,000 bodily injury and property damage per occurrence. c. STATE Owned Equipment Loaned to CONTRACTiOR: CONTRACTOR agrees to provide "All Risk" property floater insurance, or equivalent self-insurance, which provides actual value coverage for all STATE owned property loaned to CONTRACTOR by the STATE. d. CONTRACI�R may recover the cost of such insurance from the STATE in accordance with Clause II, Section A, Item le, of this Agreement. F. Reporting Requirements - Annual / Semi-Annual: In addidon to the report required by Clause I, Section I. of this Agreement, CONTRACTOR agrees to provide the STATE with the following reports: H■ � � (NonhMetroQumicalAsseumentTeam) Pagc 8 Annual Report: Not later than January 30 oC cach ycar, CONTRACTOR agrces to submil an annu:il re�rt to Ihe STAT'E which, al a minimum, contains the following inform-ition for thc preccding calcndar year. a• CertiCcation that team members have received traininj that mcets thc requirements of Minnesota Rules, Chap[er 7514.0600; b. Certi6cation that team members meet the medical requirements of Code of Federal Regulations, Tide 29, Section 1910.120; c. A detailed inventory of all I�azardous materials vehicles, equipment, and supplies loaned to CONTRACTOR by the STATE, and owned by CONTRACTOR; d. A list of team iraining aclivities including exercises, whether conducled by CONTRAC"TOR or another jurisdictiort, irt which CONTRACTOR participated; e. A current roster of team personnel which idenlifies each member's level of hazardous materials training; and f• Any recommendatioos for enhancement or improvement of the regional response team program. 2. Semi-Annual Repor[; Not later than July 31 of each year, CONT'RACTOR a�ees to submit a semiannual report to the STATE which, at a minimum, contain the following information for the preceding six (6) month period: a. A list of team training actirities including exercises, whether conducted by CONTRACTOR or another jurisdiction, in wtrich CONTI2ACTOR participated; b. A current roster of team personnel which idenfifies each member's level of hazardous materials aaining; c. A detailed inventory of all liazazzardous materials vehicies, equipment and supplies loaned to COI�'TRACTOR by the STATE and owned by CONTRACTOR; and d- AnY recocnmendations for enhancement or improvement of the regional response team program: G. Point of Contact for Team Dis�atchin� CONTRAC`I'pR agrees to maintain a single point of contac[ which will be used by the STATE to dispatch CONTRACTpR. CONTRACTOR's single point of contact is established as identified in Appendix E. H. For purposes of this Agreement, the designees of the STATE'S Authorized Agents are included as Appendix F of the Agreement I. For parposes of this Agreement, CONTRACT'OR's primary and alternate representative(s) to the Hazardous Materials Regional Response Team Program Team Advisory Committee are included as Appendix G of the Agreement. J. "It�is instrument embodies the whole agreement of the parties. 'Il�ere are no promises, terms, conditions, or obligations other than those contained herein; and this conbract shall s�pe�sede all previous communications, representadons, or agreements, either verbal or written, between the parties. K. The failure of one party to enforce any provision of this Agreement shall not consatute a waiver by that party of that or any other provision. (North MetroChemical Assessme�t Tearn) 8 � � � Page 9 APPEND[X A Description of CONTRACTOR'S Primary Rcs�x�i�se Arca CON'TRACTOR'S Primary Response Area is described as follows: The entire Minnesota counties of Anola, Chisago, IsanU and Kanabec. In Hennepin County, the cities of Brooldyn Center, Brooklyn Park, Champlin, Dayton, that area of Minneapolis located noRh of the Mississippi River, Osseo and St. Anthony. In Ramsey County, the city of Mounds Y�ew. In Sherburne County, all areas exclusive of the area assigned to the St. Cloud Fire Department (which is County Road 14 from the Mississippi River nonh to County Road 15 nonh to County Road 4 east to County Road l north to County Road 9 east to United States Highway 159 norih to the Mille Lacs County tine). 8� 15 iNoRh Metro Chemica! Assessmen� eam ) P e10 APPENDIX B Description of CONTRACT'OR'S Secotulary Response Arca CONTRACTOR'S Secondary Response Area is dcscribod as fot(ows: The entire state of Minnesota not identificd as ihe CONTRACTOR'S Primary Response Area in Appendix A, as directed by authorized Minnesota Departmen[ of Public Safety personnel. �a � � (NoAh MeiroChemical Assessmen� Team ) Page i 1 APPENDIX C Description of CONTRACIi7R'S Normal Geographic lurisciiction CONTRACTOR'S normal geographic jurisdiction is described as follows: For purposes of this agreement, CONTRACT�OR'S normal geographic jurisdiction is the corporate limits of the cities of Coon Rapids, Fridiey, Spring La�;e Park, Blaine, and Mounds Vew, Minnesota. 8■ � � (NonhMetroChemicalAssessmentgeam) Pa e 12 APPEND[X D List of STATE Owned Vehicles, Trailers and Equipmcnt Loaned to CON'fRAC"I'�R TTEM Q UANTI`f Y Reference Materia! ACGIH Threshold Limit Values and Biological Exposure Indices 1 Agricult�ral Chemicals Book - Volumes 1 through 4 1 Agricuttural Directory and Hazard Response Handbook 1 � Association of American Raiiroads Emergency Action Guides 1 Association of American Railroads Tank Car Manual 1 CHRIS Hazardous Chemical Data Manual 1 Comprehensive Guide to Ha�ardous PropeRies of Chemical Substances 1 Crop Protection Chemicai Reference i , DOT Emergency Response Guidebook 1 'I Emergency Care for Hazazdous MateriaLs Exposure i Emergency Handling of Hazardoas Materials in Surface Transportation 1 Farm Chemicals Handbook i Firefighter's Handbook of Hazardous Materials 1 F'uefighter's Hazardous MateriaLs Reference Book and Index 1 General American Tank Car Company (GATX) Tank Car Manual , I i Guidebook for the Safe Use of Hazardous Ag. Farm Chemicals & Pesticides 1 'I Nandbook of Compressed Gases ' i Hawley's Condensed Chemical Dic6onary 1 Hazardous Chemicals Desk Reference i Hazardous Materials Exposure: Emergency Response and Patient Care 1 Hazardous MateriaLs Injuties: A Handbook for Pre-Hospital Care . 1 IVFPA Fire Protecdon Guide on Hazardous Materiais 1 �I IVIOSH Pocket Guide to Chemical Hazards - 1 I Qnicic Selection Guide to Chemical Protective Clothing i Respirator Selecfion Guide � SAX's Dangerous Properties of Industrial Materials 1 Symbol Seekers 1 The Pesdcide Book . 1 ', Regional Response Team Program Manual 1 Decontamination Equipment Astro Turf Mats . Brushes, Soft Bristle Long Handle � Decontamination Sheiter System (Compone�ts) Air Bottle Regulator Hot Water Heater Disposable Poo! Garden Hose, 2S ft. sections with Connector Heaters Multiple Shelter Connecting Unit Pressure Control Unit Shelter, Compartmenta[ized Shelter, Open lnterior Shower, lnside Shower, Oulside Spray Wand Tent Stakes Car Wash Brushes with Garden Hose Connection 3 3 4 2 16 (North MetroChemical Assessment Tearn) 8■ � � Yage 13 Patay Diaphraam Pump, with Hoscs and 1 Extra Set Nitril Diaphragms Stcel Salvage Drum, 30 gal Emergency Eyewash Kit, Saline Soluiion Eolding Chairs or Stools Folding Tabte, 72" x 30". Folding Table, 60" x 30" Foot Stools/Step - Plastic I.ighting System - Flood, with Generator (6K) Personal Protective Equipment MSA LTltra Twin Air Purifying Respirators, with 30 G1V�-H Canisiers irritant Smoke Fit Test Kit �nyl Fit Test Tent Chemical Resistant Boots , Electrostatic Dissipating Gioves, Assorted Materials - Butyl, Neoprene, Nitrile, PVC, Vton, Kevlar NeoprenelNicrile Silver Shield / 4-H PVC / Nitrile Viton Kevlar Sol-Uex Nitril 3oggles :iand Hats / Rescue Helmets :evel A Kappler Reflector Encapsulating Suits Level A Kappler Responder Plus Encapsularing Suits ',,,evel B Kappler Responder Encapsulating Suits '.�evel B Kappier CPF 3 Non-Encapsulating Suits xvel B Kappler CPF 2 Non-Encapsulating Suits .revel C KleenGuard Disposable Suit .evel A Training Suits ;ait Cooling Vests �uit Test Kit myl Gloves ler Computerized Chemical Penmeafion Suit Selection Guide Controi SappGes and Equipment ng and Grounding Equipment Cover Clamps Upender and Other Communications Equipment �r Phone, Dual Nam �r Phone/Fax System Radio System ; Radio - 100 wau fe Radio - S watt le Radio Gang Charger 'e Radio Single Charger e Radio Spare Batteries Communications Eqnipment puter EquipmendSoftware HA Software FiIE Software fFA II Windows and Supporting Maps C�npatible PC, Printer and Modem 6 1 1 2 �� 1 12 pr. 12 pr 12 pr. 12 pr. 12 pr. 12 pr. 24 pr. 6 pr. 6 2 4 4 20 24 1 cs 2 2 1 2 bxs. 1 1 Selected Teams 1 3 1 l 3 1 set 8. �� (North Metro Chemical Assessment Team) Pagc 14 Monitoring and Uetection Equipment Air Sampling Systcm SpilFyter Kit �-IazCat Kit Colorimetric Detection Tube Kit Dosimeters Draeger CMS Kit Drum Sampfer 4 Gas Monitor 4 Gas Monitor Calibration Gas Radiological Monitor WeatherPak Meteorological Station Basic Suppression Equipment Polar/Non-Polar Foam (75 gai.) Class D Powder Foam Eductor Foam Application Nozzle - ATFF / ATC Foam Application Nozzle - 65:1 Mitigation Supplies and Equipment Citric Acid, 30 gals. Soda Ash, 401b. bags Spill-X Aci� Neutralizer, 5 gal. Spill-X Caustic Neutralizer, 5 gal. Spill Containment Supplies and Equipment AUsorbent Booms/Pads/Pillows Containment Boom - 75 ft. Drysorb 'I�pe Absorbent, 401b. Lab P�ks ' Magic Sorb, 251b. bags . ' Ptug N Dike J Ber►tonite Clay, 5 gal. pail Poly Overpack Drum, 95 gal. Poly Overpack Drum, 65 gal. SpiLstopper Drain Cover Mat Steel Salvage Drum, $S gal. _ ' Stee1 Salvage Drum, 55 gal. ' Steel Salvage Drum, 30 gal. .. '' Steel Salvage Drum, 15 gal. � I Stcel Salvage Drum, 8 gal. Two Wheel Drum Truck Assorted Non-Sparking and Hand Tools Non-sparking Bung Wrench Non-sparking Scoop Shovels ' Non-sparking Square Nose Shovels ' Steel Spade Shovels incident Management and Administrative Supplies and Equipment ICS Ves[ System Vehicle and Trailer Chevrolet Suburban, 3/4 Ton 4 Wheel Drive and Components 600 watt inverter Battery Conditioner Electric Trailer Brake System �1 i set 1 4 - 1 set 2 1 2 2 4 (North Metro Chemicai Assessment Team) 8�ZO Page IS Elect�aiic Eitgine !dler Emcrgency Lighting Systenr Passenger Safety Screen Radio Console Roll-out Storage Tray Siren System StreamLite Nand Lanterns and Chargers Trailer Hitch and Wiring 16 Foot Pace American Hazardous Materials Equipmeni Trailer and Components Electric Trailer Jack Emergency Light Warning System Metal Shelving Propane Bottles, 40 !6 8■2 � (NoAhMetroChemicalAssessmentTeam) Pagc lb APPEND[X E Descrip(ion of CONTRACTOR'S Sin�ic Point of Contact for Tcam Dispalct�ii�g CONTRAC'POR'S singie point of contact for purposes of team dispatching is described as follows: For purposes of this agrecment, CONTRAC"POR'S single point of contact for purposes of team dispatching is located at the Anol�:i County Central Communications, Anol:a County Courthouse, 325 Main Street, Anoka, Minnesota, 55303. The 24 hour emergency telephone number for purposes of team dispatching is 612-427-1212. 'the non-emergency telephone number is 612-323-5800. The person responsible for operation of CONTRACT�UR'S sinsle point of contact is John TondinQ, Supervisor, Anoka County �ourthouse, 325 Main Street, Anola, Minnesota, 55303. � y {Nonh MeUo Chemical Assessment Team) ■�� Page 17 A��r�crvnix r- List of Dcsignccs of thc STATE'S Authorizcd Agents STATE'S Authorized Agents: Thomas R. Brace James D. Franklin Designees of STATE'S Authorized Agents: Bob Dahm Fd Leier Kevin Leuer Staie Fire Marshal Director - Division of Emergency Management MN State Fire Marshal Division MN Division of Emergency Management MN Division of Emergency Management Other persons identified by the STATE to CONTRACT�OR in writing. Authority of Designees: Clause II, SecUon A, Item 2 Clause II, Section A, Item 4 Clause II, Section B, Icem i Clause XI, Section B Authorization to approve Contractor's Compensation budget deviadons of 20°l0 or less. Authoriza6on to approve Emergency Response Compensation in excess of $5,000.00. Authorizatiori to approve invoices for Contractor's Compensation and Emergency Response Compensation. A.uthorizarion tu� approve publicity or �blications pnepaned by or for th� CONIRAC- TOR. The undersigned hereby delegate the authorilies listed above to those persons identif'ied as Designees of STATE'S Authorized Agents. These authorities are delegated until revoked in writina. Thomas R. Brace Minnesota State Fire Marshal James D. Franklin Director - Minnesota Division of Emergency Management Date Date (Nonh MetroChemscal Assessment Team) 8�23 Page IS APPEND(X G List of CONTRACTOR'S Primary and Alternate Rcpresentatives to the Har;crdous Matcrials Regionat Res�r�sc Team Prvaram Team Advisory Commiitec CONTRAC"POR'S primary and alternate representatives to the Hazardous Materials Regional Res�nse Team Program Team Advisory Committee are as follows: I. Primary Representative Chuck McKusick, Chief Fridley Fire Department 6431 University Avenue Fridley, Minnesota 55432 II. Alternate Representative(s) John Berg Rick Bistodeau Clint Coppicus Kim Herrmann Richard Larson Fridley Fire Department 6431 University Avenue Fridley, Minnesota 55432 Ron Nevala . Wayne Anderson Tim GiLsivd Dennis Jones Chuck Schiemo Coon Rapids Fire Station One 1460 Egret Avenue Coon Rapids, Minnesota 55433 Don Kruger Jay Bohan Tun Hawley Brad Matti Rod Vold SBM F'u�e Station One 1710 Hwy 10 Spring Lake Park, Minnesota SS432 (Ncmh MetroChi:mical Asse.sment'1'emn) 8■24 Page 19 i IN WITNESS Wf�EREOF, thc partics have caused this contract to be duly cxecutcd intcndin� to bc bound thercby. APPROVED: 1. CONTRACTOR: CONTRACTOR certifies that the appropriate person(s) have executed the contract on behlaf of the CONTRACTOR as required by applicable articles, by-laws, resolutions, or ordinanaces. sy 'I Tide Date I By Titic Date � STATE AGENCY: As to form and execution by the 3. ATTORNEY GENERAL: By Title Date 4. COMMISSIONER OF ADNIIMSTRATION: By r�c1e Date Distribution: Agency - Original (fully executed) contract Department of Administration Contractor State A�thorized Repre.sentative (Nath MetroCF�emical Assessment Team) ■ 5 Pagc 20 / � LICENSES CffY QF FRIDLEY ELECTRICAL Berndt Electric Service Inc 6528 W Lake St STE G Minneapolis MN 55426 Richard Bemdt Electric Systems of Anoka Inc 6314 Hwy 10 NW Anoka MN 55303 Terry Lehn Weber Electric Inc 577 Shoreview Park Rd Shoreview MN 55126 Stephen Weber GAS SERVICES Flaze Heating & AC 9303 Plymouth Ave N Golden Valley MN 55427-3126 Tiffany Sellner GENERAL CONTRACTOR COMI��RCIAL Holle Construction Co Inc 1855 Melrose Ave S Minneapolis MN 55426 Jef Holle Richmar Construction Inc 7776 Alden Way NE Fridley MN 55432 Richard Netz Rite Way Waterproofmg 448 Lilac St Lino Lakes MN 55014-1054 Charlene Messerich Stahl Construction Co 5900 Rowland Rd Minnetonka MN 55343 Sharon O'Brien GENERAL CONTRACTOR-RESIDENTIAL Design Craft Builders Inc ( ) 1128 W 7 St St Paul MN 55102� Tim Christensen 10.02 STATE OF MINN Same Same RON JULKOWSKI Chief Bldg Ofcl RON JULKOWSKI Chief Bldg Ofcl Same Same Same STATE OF MINN Douglas Builders & Remodelers Inc (1928) 11960 Chisago Blvd Chisago City MN 55013 Goodell Construction (6963) 1998 Rice Creek Rd New Brighton MN 55112 Henriksen Leif Builder (3510) 6434 Riverview Ter NE Fridley MN 55432 JTW Company (20007140) 13415 54 Ave N Plymouth MN 55442-1767 Kodiak Construction (8608) 2607 Brighton NE Minneapolis MN 55418 Mohs Contracting (20064597) 5530 135 St W Savage MN 55378 PEM Millwork (20070628) 5671 International Pkwy New Hope MN 55428 Plumbline Builders Inc (2939) 79AveN Hopkins MN 55343 Werni Timm & Assoc Inc (20071652) 3001 Lincoln St NE Minneapolis MN 55418 HEATING Construction Mechanical Services 1307 Sylvan St St Paul Mn 55117-4605 Flare Heating & Air Cond 9303 Plymouth Ave N Golden Valley MN 55427-3126 Sheryl Shand Wayne Goodell Leif Henriksen Jerry Wold Robin Mysliwiec Steve Mohs Marvin Schenk Roger Sirany Jeff Timm Jerry Elert Tiffany Sellner 10.03 Same Same Same Same Same Same Same Same Same RON JULKOWSKI Chief Bldg Ofcl Same Northwestern Service Inc 791 Hampden Ave St Paul MN 55114 PLUMBING Gavic & Sons Plumbing 12725 Nightengale St NW Coon Rapids MN 55448 Mid City Mechanical Corp 9107 Davenport St NE Blaine MN 55449 Stepaniak Constxuction Co 2839 196 Ave NE East Bethel MN 55011 SIGN ERECTOR Pride Neon Inc 3010 W 10 St Sioux Falls SD 57104-6204 Frank Osland Paul Gavic James Poser Jerry 5tepaniak Dick Menke 10.04 Same STATE OF MINN STATE OF MINN Same RON JULKOWSKI Chief Bldg Ofcl � ESTIMATES � oF AUGUST 12, 1996 FRIDLEY Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of July, 1996 : . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,035.79 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of May, 1996 : . . . . . . . . . . . . . . . . . . .- . $ 15,157.31 Schield Construc#ion Co. 13604 Ferris Avenue South Appie Valley, MN 55124 Stonybrook Creek Bank Restoration Project No. 246 Estimate No. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,754.03 Hardrives lnc. 14475 Quiram Orive Rogers, MN 55374-9461 Street lmprovement Pro�ect No. ST. 1995 - 1& 2 Estimate No. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $123,392.46 � TO: WILLIAM W. BURNS, CITY MANAGER �,�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTION CONSENTING TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY ADOPTING 1996 TAX LEVIES COLLECTIBLE IN 1997 DATE: August 7, 1996 Attached you will find a resolution that will approve the certification of a new ta�c levy, and supporting documentation from the Community Development Department. The information provided by Community Development describes the need for the levy and its impact on property owners in Fridley. This new tax is one that is supported by the Housing and Redevelopment Authority and must be approved by the City to be effective. At the Housing and Redevelopment Authority's meeting on July 11; 1996, they discussed and approved the levy via HRA Resolution #12. - This type of levy is allowed by State Statute #469.033 and is based on .0131% of total market value within the City. The resolution also includes a relocation levy which is based on .0013% of total market value within the City. The Fridley taxable market value for pay 1996 is $1,173,561,700. The general levy wauld raise $153,737. The relocation levy would raise $15,256. This is a combined levy amount of $168,993. This is slightly in excess of the amount we had estimated because the City's tatcable value has increased over the last two years. This levy would be the basis for the repayment mechanism for the new revolving loan program that will be legislated by the City Council in the very near future. RDP/me Attachment 12.01 RESOLUTION NO. — 1996 A RESOLUTION CONSENTING TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY ADOPTTNG 1996 TAX LEVIES COLLECTIBLE IN 1997 BE IT RESOLVED by the City Council (the "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°) at its regular meeting on July 11, 1996 adopted the attached HRA Resolution No. 12 - 1996: A Resolution Adopting 1996 Levies Collectible in 1997. 1.02. The Council must consent to any Authority levy prior to its becoming effective as required by Minnesota Statutes Section 469.033. Section 2. Consent. 2.01. The Council-hereby consents to the HRA Resolution and to levies described therein. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 19g . WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK 12.02 HRA RESOLUTION NO. 12 - 1996 A RESOLUTION ADOPTING 1996 TAX LEVIES COLLECTIBLE IN 1997 BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the ^Authority"), as follows: Section 1. Recitals. 1.01. The Authority is authorized by Minnesota Statutes Section 469.033 to adopt a levy on all taxable property within its area of operation, which is the City of Fridley, Minnesota (the "City"). 1.02. The Authority is authorized to use the amounts collected by the levy for the purposes of Minnesota Statutes Sections 469.001 to 469.047 (the "General Levy") 1.03. The Authority is further authorized of an additional levy to defray the informational service and relocation forth in Minnesota Statutes 469.012, "Relocation Levy"). Section 2. 2.01. Section 3. Findincrs . to use the proceeds costs of providing assistance as set Subdivision 1 (the The Authority hereby finds that it is necessary and in the best interests of the City and the Authority to adopt the General Levy and the Relocation Levy to provide funds necessary to accomplish the goals of the Authority and in furtherance of its Modified Redevelopment Plan. Adoption of General Lev . 3.01. The following sums of money are hereby levied for the current year, collectible in 1997, upon the taxable property of the City for the purposes of the General Levy described in Section 1.02 above: Total General Levy: .0131$ of Taxable Market Value Amount: Maximum Allowed by Law 12.03 HRA Resolution No. 12 - 1996 - Page 2 Section 4. Ado�tion of Relocation Lev . 4.01. The following sums of money are hereby levied for the current year, collectible in 1997, upon the taxable property of the City for the purposes of the Relocation Levy described in Section 1.03 above: Total Relocation Levy: .0013$ of Taxable Market Value Amount: Maximum Allowed by Law Section 5. Report to Citv and FilinQ of Levies. 5.01. The executive director oi the Authority is hereby instructed to transmit a certified copy of this Resolution to the City Council for its consent to the levies. 5.02. After the City Council has consented by resolution to the levies, the executive director of the Authority is hereby instructed to transmit a certified c�py of this Resolution to the county auditor of Anoka County, Minnesota. . PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY THIS 11TH DAY OF JULY, 1996. LAWRENCE R. COMMERS - CHAIRMAN ATTEST:• WILLIAM W. BURNS - EXECUTIVE DIRECTOR 12.04 MEMORANDUM PLANNING DIVISION DATE: August 8, 1996 TO: William Bums, City Manager FROM: Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator SU BJ ECT: H RA Tax Levy . On July 11, 1996, the Fridley HRA passed a resolution adopting a tax levy for taxes payable in 1997. The HRA's intent is to .utilize the levy revenue to support a revohiing • loan program for single family housing rehabilitation. The City Council, as required by state law, must adopt a resolution on annual basis consenting to the HRA tax levy. The HRA tax levy is one component of the proposed housing rehabilitation program; the second is a$1.5 million loan from the City to the HRA to capitalize the program. It should be emphasized that both components are critical to establishing a revolving loan program. Given the competing neetfs for the HRA's funds, eliminating either one will severely limit its ability to address housing rehabilitation needs. How it Works The tax levy will be used to support repayment of the Ciiy's loan to the HRA. The levy will generate $168,993 in 1997 or .0013% of the total market value within the City. The loan amount to the HRA is proposed to be $1.5 million with a 5% interest rate and a term of 15 years. The attached Schedule A describes some of the program assumptions. Beginning in 1997 the loan pool will support 32 loans per year and uftimately support 60 loans per year by 2013. At the end of 15 years, the City's loan will be repaid with interest and a total of 596 loans will have been made. The tax levy would remain in place for another 5 years to help build-up the fund to make additional loans. Beyond 2016 the program could be seff-sustained on the annual home improvement loan repayments of approximately $650,000 which could fund 54 loans at an average of $12,000 each. The proposed loan agreement with the HRA will be discussed at the August 26, 1996 Council meeting. 12. H RA Tax Levy Mem o August 8, 1996 Page 2 As a final note, we must emphasize that the proposed tax levy creates the funding mechanism to establish a self-supporting program. The HRA and CEE have other programs in place to address multiple family rehabilitation needs. In addition, the HRA is considering several options on what to do with the City's severely deteriorated multiple family housing stock. Suaportinq Reasons for Tax Levy and Revolving Loan Proaram >) Age and Condition of Housing S�ock Like many first-ring suburbs, Fridley has a significant number of older housing units. Year Built 1960-69 1950-59 1940-49 Effective Age 27-36 yrs. 37-46 yrs. 47-56 yrs. Number of Units 2,774 3,954 550 7.278 Percentage of To#al 24% 34% 4% � As you can see, over half of the City's housing stock is approaching 30 years of age. Many of these units are well maintained and attractive. However, some of these older units (40+ years) are in need of substantial repair. Based on a 1994 housing condition study it is� estimated that 900 + uni#s (approximately 14% of all homes) are in need of some form of rehabilitation. !n general, older housing typicaNy presents two challenges: a) The replacement of basic items such as roofs, windows, siding, electrical, plumbing and other mechanical sys#ems. The situation is ampNfied when maintenance has been deferred and multiple repairs are required at the same time, and b) The marketability and attractiveness of older homes due to dated appearance, lack of amenities such as attached garages, more bedrooms, walk-in closets, "great rooms" and more square footage. 12.06 H RA Tax Levy Mem o August 8, 1996 Page 3 A well designed program can address both of these issues, providing for basic needs and value-added improvements. 2J Meeting Needs of Unsen�ed Ma�ret The HRA's programs are helping those families who would otherwise be unable to obtain private financing. By assisting these owners the HRA is helping owners who would probably not complete the improvements. 3) Proactive .�o,oroach The HRA tax levy and revolving {oan program represents a proactive approach to addressing housing conditions and neighborhood stability. In addition to basic home improvements, the HRA is also assisting families who want to remain in Fridley by offering affordable financing to do more significant improvements such as bedroom additions and garages. The HRA is in the position of heading off problems now, rather than responding to a crisis in the future. 4) HR4 Fund Ba/ances HRA fund balances are projected to decline significantly during the next 15 years due to continued housing and commercial redevelopment activities. With the tax levy in place, the HRA can make approximately 750+ loans totallin� $9.312 million over the next 20 years. Without the levy, the HRA would have to use a substantial amount of its #unds to achieve the same number of loans leaving less for other redevelopment projects like the Southwest Quadrant, Frank's Used Cars and other priorities. 5) /nsufficient Federa/ Funding Federal funding is insufficient to address all of Fridley's housing needs. At the state and County level there is increasing competition for funds. Therefore, it becomes necessary to find local funding sources. In addition, the tax levy r�presents a local commitment to addressing housing needs. Impact to Property Owners The owner of an $88,000 home will pay $11.53 per year. An industrial property owner with a building valued at $1,000,000 will pay $1,244.50 per year. 12.07 H RA Tax Levy Mem o Aug ust 8, 1996 Page 4 Recommendation Staff recommends that the City Council approve the resolution consenting to an HRA tax levy for taxes payable in 1997. A copy of both the HRA and Council resolutions are attached to the memo from the Finance Department. BD\gf .. �. 12.08 SCHEDULE A FINANCIAL ANALYSIS FOR REVOLVING LOAN PROGRAM Attached is a cash flow analysis and quarterly recap for the Revolving Loan Program. Included below is a brief description of the analysis. 1. GENERAL ASSUMPTIONS (a) Home improvement loans may be issued for either single family or multiple family units. (b) Average loan amount of $12,000 per unit. (c) Average loan term of 12 years. (d) Average loan rate of 5.00Oo. (e) Loans are issued in the first quarter of 1997 and every quarter thereafter for 20 years, terminating in the last quarter of 2016. In the first 20 years of the program a total of 776 loans at $12,000 per loan or $9.312 million will be issued based on the following assumptions: . 8 loans per quarter or 32 per year in 1997_- 2002 7 loans per quarter or 28 per year in 2003 - 2008 11 loans per quarter of 44 per year in 2009 - 2012 15 loans per quarter or 60 per year in 2013 - 2016 2. QUARTERLY REVENUES (see cash flow) The proposed revenues, which approximate $11.595 million, consist of the following potential sources: (a) City loan of $1.5 million to the HR.A during the first quarter of 1997 payable at 5.000% over 15 years. (b) HRA levy providing approximately $75,000 semi annually and totalling $3.0 million from 1997 through 2016. (c) HR.A grant(s) to be provided by the HRA if and when required; no grants are included in this scenario. (d) Home improvement loan repayments from the issuance of 776 loans over 20 years and which approximate $7.588 million. From this amount a ioan reserve of 2.5% and servicing expenses of 4.0% are deducted leaving a net of $7.095 million. 12.09 3. QUARTERLY EXPENSES (see cash flow) The proposed expenses, which approximate a$11.648 million, include the following potential categories: (a) Home improvement loans issued as described in Section 2 above and which total $9.312 million. (b) HRA payments to the City in the semi annual amount of $71,666.46 and which approximate $2.150 million at the rate and term described in Section 2(a) above. (c) Origination Expenses of $186,240, based on 2.000% of the total principal amount of hame improvement loans. 4. QUARTERLY INTEREST (see cash flow) This additional source of revenue assumes interest is earned quarterly at S.00Oo per annum on the difference between revenues and expenses; it approximates $297,533 through 2016. 5. ENDING BALANCE (see cash flow) This column simply reflects revenues of $11.595 million less $11.648 million in expenses plus $297,533 in interest earnings for an ending balance in December 2016 of $244,862. The three columns on the right side of the analysis represent the number of loans issued per quarter, per year and cumulatively. 12.10 CITY OF FRIDLEY, MINNESOTA CASH FLOW Period Beginning Quarterly Quarterly Quarterly Ending Loans/ LoansJ Cum Ending Balance Revenues Expenses Interest Balance Quarter Year Loans 03/01 /97 06/01 /97 09/01 /97 12/Ot /97 03/01 /98 06/01 /98 09/01 /98 12/01 /98 03/01 /99 06/01 /99 09/01 /99 12/01 /99 03/01 /2000 06/01 /2000 09/01 /2000 12/01 /2000 03/01 /2001 06/01 /�001 09/01 /2001 12/01 /2001 03/01 /2002 06/01 /2002 09J01 /2002 12/01 /2002 03J01 J2003 06/01 /2003 09/01 /2003 12/01 /2003 03/01 /2004 06/01 /2004 09/01 /2004 12/01 /2004 03/01 J2005 06/01 /2005 09/01 /2005 12/01 /2005 03/01 /2D06 06/01 /2006 09/01 /2006 12/01 /2006 03/01 /2007 06/01 /2007 09/01 /2007 12/01 /2007 03/01 /2008 06/01 /2008 09/01 /2008 12/01 /2008 03/01 /2009 0.00 1,422,127.68 i ,349,178.83 1,274,464.60 1,204,713.32 1,133,236.62 1,066,763.35 998,605.63 935,492.82 870,737.57 811,069.77 749,802.58 693,666.44 635,975.07 583,459.44 529,433.83 480,629.79 430,362.17 385,363.09 338,947.98 297,849.57 255,383.90 218,284.30 179,867.42 146,867.21 124,678.76 107,794.63 89,530.70 76,620.15 62,379.48 53,542.48 43,426.27 38,76528 32,877.30 32,497.38 30,943.98 34,952.83 37,843.06 46,351.09 53,796.72 66,917.11 79,032.75 96,881.52 i 13,784.65 136,480.75 158,291.81 185,957.19 212,799.64 245,559.29 1,502,490.54 79,981.09 7,471.63 84,962.18 12,452.72 89,94327 17,433.81 94,924.36 22,414.90 99,905.45 27,395.99 104,886.54 32,377.08 109,867.63 37,358.17 114,848.72 42,33926 119,829.81 47,320.35 124,810.90 52,301.44 129,791.99 57,282.�3 134,773.08 61,952.30 139,131.53 66,310.76 143,489.38 70,669.21 147,848.44 75,027.67 152206.89 79,386.12 156,565.35 83,744.57 160,923.80 88,103.03 165,282.25 92,461.48 169,640.71 96,819.93 173,999.16 101,178.39 178,357.61 105,536.84 182,716.07 109,895.29 187,074.52 113,008.48 97,920.00 169,586.46 97,920.00 169,586.46 97,920.00 169,586.46 97,920.00 169,586.46 97,920.00 169,586.46 97,920.00 169,586.46 97,920.00 169,586.46 97,920.00 169,586.46 97,920.00 169,586.46 97,920.00 169,58fi.46 97,920.00 169,586.46 97,920.00 169,586.46 85,680.00 157,346.46 85,680.00 157,346.46 85,680.00 157,346.46 85,680.00 157,346.46 85,680.00 157,346.46 85,680.00 157,346.46 85,680.00 157,346.46 85,680.00 157,346.46 85,680.00 157,346.46 85,680.00 157,346.46 85,680.00 157,346.46 85,680.00 157,346.46 134,640.00 17,557.13 16,656.53 15,734.13 14,873.00 13,990.58 13,169.92 12,328.46 11,549.29 10,749.85 10,013.21 9,256.82 8,563.78 7,851.54 7,203.20 6,536.22 5,933.70 5,313.11 4,757.57 4,184.54 3,677.16 3,152.89 2,6J4.87 2,220.59 1,813.18 1,539.24 1,330.80 1,105.32 945.93 770.12 661.02 536.13 478.58 405.89 40120 382.02 431.52 467.20 572.24 664.16 826.14 975.71 1,196.07 1,404.75 1,684.95 1,954.22 2,295.77 2,627.16 3,031.60 2,799.10 1,422,127.68 1,349,178.83 1,274,464.60 1,204,713.32 1,133,236.62 1,066,763.35 998,605.63 935,492.82 870,737.57 811,069.77 749,802.58 693,666.44 635,975.07 583,459.44 529,433.83 480,629.79 430,362.17 385,363.09 338,947.98 297,849.57 255,383.90 218,284.30 i 79,867.42 146,867.21 124,67.8.76_ 107,794.63 89,530.70 76,620.15 62,379.48 53,542.48 43,426.27 38,765.28 32,877.30 32,497.38 30,943.98 34,952.83 37,843.06 46,351.09 53,796.72 66,917.11 79,Q32.75 96,881.52 113,784.65 136,480.75 158,291.81 185,957.19 212,799.64 245,559.29 226,726.87 PREPARED BY CASSERLYMOLZAHN & ASSOCIATES, INC. 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 7 7 7 .� 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 11 32 32 32 64 32 96 32 128 32 160 32 192 28 220 2$ 248 28 276 28 304 28 332 28 360 17-May-96 CITY OF FRIDLEY, MINNESOTA CASH FLOW Period Beginning Quarterly Quarterly Quarterly Ending Loans/ Loans/ Cum Ending Balance Revenues Expenses Interest Balance Quarter Year Loans 06/01 /2009 09/01 /2009 12/01 /2009 03/01 /2010 06/01 /2010 09/01/20i0 12/01 /2010 03/01 /2011 06/01 /2011 09/01 /2011 12/01/2011 03/01 /2012 06/01 /2012 09/01 /2012 12/01/2012 03J01 /2013 06/Oi /2013 09/01 /2013 12/01 /2013 03/01 /2014 06/01 /2014 09/01/2014 12/01/2014 03/01 /2015 06/01/2015 09/01 /2015 12/01/2015 03/01 /2016 06/01 /2016 09/01 /2016 12/01 /2016 RLP1 226,726.87 211,979.87 194,6i 8.96 181,361.87 165,509.49 153,779.79 139,473.89 129,310.01 116,589.49 108,030.81 96,935.56 90,022.46 80,593.37 147,929.54 141,115.55 211,099.50 158,655.23 183,699.36 135,325.52 164,490.97 120,289.95 153,680.39 113,757.18 151,478.90 116,256.3� 159,052.61 128,968.05 176,966.61 152,149.33 205,481.00 186,063.50 188,942.43 114,876.38 190,810.34 116,744.29 192,678.25 118,612.20 194,546.16 120,480.11 196,414.06 122,348.02 198,281.97 124,215.93 200,149.88 i 26,083.84 202,017.79 129,197.02 206,376.24 133,555.47 210,734.70 137,913.92 215,093.15 142,272.38 219,451.60 146,942.15 224,432.69 151,923.24 229,413.7$ 156,904.33 234,394.87 161,885.42 239,375.96 206,306.46 134,640.00 206,306.46 134,640.00 206,306.46 134,640.00 206,306.46 134,640.00 206,306.46 134,640.00 206,306.46 134,640.00 134,640.00 134,640.00 134,640.00 183,600.00 183,600.00 183,600.00 183,600.00 183,600.00 183,600.00 183,600.00 183,600.00 183,600.00 183,600.00 183,600.00 183,600.OQ 183,600.00 183,600.00 183,600.00 183,600.00 2,617.04 2,402.70 2,239.04 2,043.33 1,898.52 1,721.90 1, 596.42 1,439.38 1,333.71 1,196.74 1,111.39 994.98 1,826.29 1,742.17 2,606.17 1,958.71 2,267.89 1,670.69 2,030.75 1,485.06 1,897.29 1,404.41 1,870.11 1,435.26 �,sss.s� 1,592.20 2,184.77 1,878.39 2,536.80 2,297.08 3,022.99 211,979.87 194,618.96 i 81,361.87 165,509.49 153,779.79 139,473.89 129,310.01 116,589.49 108,030.81 96,935.56 90,022.46 80,593.37 147,929.54 141,115.55 211,099.50 158,655.23 183,699.36 135,325.52 164,490.97 120,289.95 153,680.39 113,757.18 151,478.90 11 fi,256.31 159,052.61 128,9fi8.05` 178,966.61 152,149.33 205,481.00 186,063.50 244,862.46 11 11 11 11 11 11 11 11 11 11 �1 11 11 1i 11 15 15 15 15 15 15 15 15 15 15 15 15 �5 15 15 15 44 404 44 448 44 492 44 536 C�� • • :� . . 60 716 60 776 11,595,562.44 11,648,233.83 297,533.85 244,862.46 776 776 776 Interest Rate 5.000% 12.12 PREPARED BY CASSERLY MOLZAHN & ASSOCIATES, INC. 17—May-96 C1TY OF FRIDLEY, MINNESOTA QUARTERLY RECAP Period Ending Loans Loans Loans Outstanding Ending Baiance /Qua�ter /Year Cum Principai 03/01 /97 1,422,127.68 8 94, 530.21 06/01 /97 1, 349,178.83 8 187,572.18 09/01 J97 1,274,464.60 8 279,107.22 12/01 /97 1,204,713.32 8 32 32 369,116.43 03/01 /98 1,133,236.62 8 457,580.65 06/01 /98 1,066,763.35 8 544,480.49 09/01 /98 998,605.63 8 629,796.32 12/01 /98 935,492.82 8 32 64 713,508.24 03J01 /99 870,737.57 8 795,596.12 06/01 /99 811,069.77 8 876,039.59 09/01/99 749,802.58 8 954,818.00 12/01 /99 693,666.44 8 32 96 1, 031, 910.45 03/01 /2000 635,975.07 $ 1,107,295.78 06/01 /2000 583,459.44 8 1,180,952.55 09/01 /2000 529,433.83 8 1,252,859.08 12/01/2000 480,629.79 8 32 128 1,322,993.40 03/01 /2001 430,362.17 8 1,391,333.25 06/01 /2001 385,363.09 8 1,457,856.11 09/01 /2001 338,947.98 8 1,522,539.19 12/01 /2001 297,849.57 8 32 160 1,585,359.37 03/01 /2002 255,383.90 8 1,646,293.29 06/01 /2002 218,284.30 8 1,705,317.26 09/01 /2002 179,857.42 8 1, 762,407.31 12/01%2002 146,867.21 8 32 192 1,817,539.16 03/01 /2003 124,678.76 7 • _ 1,858,871.97 06/01 /2003 107,794.63 7 1,898,583.14 09/01 /2003 89,530.70 7 1,936,049.81 12/01/2003 76,620.15 7 28 220 1,971,848.83 03/01 /2004 62,379.48 7 2,005,756J6 06/01 /2004 53,542.48 7 2,037,749.85 09/01 /2004 43,426.27 7 2,067,804.08 12J01/2004 38,76528 7 28 248 2,095,895.11 03/01 /2005 32, 877.30 7 2,121, 998.29 06/01 /2005 32,497.38 7 2,146,08$.67 09/01/2005 30,943.98 7 2,168,140.99 12/01 /2005 34,952.83 7 28 276 2,188,129.67 03/01/2006 37,843.06 7 2,206,028.80 06/01 /2006 46,351.09 7 2,221,812.15 09/01 /2006 53,796.72 7 2,235,453.17 12/01 /2006 66,917.11 7 28 304 2,246,924.97 03/01 /2007 79,032.75 7 2,256,200.31 06J01 /2007 96,881.52 7 2,263,251.63 09/01 /2007 113,784.65 7 2,268,051.00 12J01/2007 136,480.75 7 28 332 2,27Q,570.18 03/01/2008 158,291.81 7 2,270,780.52 06/01 /2008 185,957.19 7 2,268,653.06 09J01 /2008 212,799.64 7 2,264,158.44 12/Ot/2008 245,559.29 7 28 360 2,257,266.96 03/01 /2009 226,726.87 11 2,297,888.43 12.13 PREPARED BY CASSERLY MOLZAHN & ASSOCIATES, INC. 20—May-96 CiTY OF �i�IDLEY, MINNESOTA QUARTERLY RECAP Period Ending Loans Loans Loans Outstanding Ending Balance /Quarter /Year Cum Principal 06/01 /2009 211,979.87 11 2,338,016.74 09/01/2009 194,618.96 1 i 2,377,645.69 12/01/2009 181,361.87 11 44 404 2,416,769.03 03/01/2010 165,509.49 11 2,455,380.39 06/01 /2010 153,779.79 11 2,493,473.37 09/01 /2010 139,473.89 11 2,531,041.44 12/01J2010 129,310.01 11 44 448 2,568,078.02 03/01 J2011 116,589.49 11 2,604,576.44 06/01 /2011 108,030.81 11 2,640,529.95 09/01 /2011 96, 935.56 1 � 2, 675, 931.70 12/01/2011 90,022.46 11 44 492 2,710,774.77 03/01 /2012 80,593.37 11 2,745,052.15 06JOi /2012 147,929.54 11 2, 778, 758.73 09/01 /2012 141,115.55 11 2,811,881.33 12/01 /2012 211,099.50 11 44 536 2,844,418.66 03/01 /2013 158,655.23 15 2,923,626.47 06/01 /2013 183,699.36 15 3,001,488.05 09/01 /2013 135,325.52 15 3,077,986.51 12J01 /2013 164;490.97 15 60 596 3,153,104.75 03/01 /2014 i 20,289.95 15 3,226,825.43 06/01 /2014 153,680.39 15 � 3,299,131.02 09/01 /2014 113,757.18 15 . 3,370,003J5 12/01 /2014 t 51,478.90 15 60 65& 3,439,425.64 03/01 /2015 116,256.31 15 3,507,044.12 06/01/2015 159,0�2.61 15 � 3,572,836.56 09/01/2015 128,968.05 i 5 3,636,780.04 12/01 /20i 5 176,966.6i 15 60 � 716 � 3,698,851.35 03/01 /2016 152,149.33 15 3,759,027.00 06/01 /2016 205,481.00 15 3, 817,283.17 09/01/2016 186,063.50 i 5 3,873,595.79 12/01/2016 244,862.46 � 15 60 776 3,927,940.46 244,862.46 776 776 776 3,927,940.46 � 12.14 RLP1 PREPARED BY CASSERLY MOL.ZAHN & ASSOCIATES, INC. 20—May-96 HRA Levy Is Based Or� T�xable Market Value Tax on home valued at $88,000 axabie Value $ 88,000 Levy 0.0131 % Dollars Levied ��� ��v� "�����`; > ; . .: : . . . . . . . . . . . . . . . . . : } . . : : . . . . . . . . . . . : x : }h�.>�ii•i}yvryv:y�'4{ryr "' '�" '�"""v�,x Tax_on /ndustria/Proper�y(1)•- _ � f axable Vafue $ 9,500;000 _ Levy _ 0.0�. °. Dollars Levied - � � = :-••�•�- � � f ... .. - �;:;:;�,;s,.�;s y;�.. � t, - - _ � . � _ . (1) Represents taxabie value on Electronic �Hai� supply(oid Dow Brands) HRALEV.XLS ._ 12.15 0 5/20/96 � � HOUSING � REDEDELOpMEI�TT ApTgORITY MTG. JULY 11 29g6 PAGE 10 . IIPON A VOICE VOTB, ALL VOTZNG AYE, CHAIRPERSON COMMERg DECLARED THE MOTION CARRIgD QNANIMDIISLY. 8- RESOLUTION AUTHORIZING AN HRA LEVY 9. RESOLUTION AUTHORIZING FUNDING FOR THE REVOLVING LOAN PROGRAM Mr. Commers suggested items �8 and #9 be discussed simultaneously. These two items go hand-in-hand. As he understands it, the �oney the City Council was to provide for the Southwest Quadrant as proposed would be used for the revolving housing action plan and that would then.be repaid by the levy. Ii we do not have a levy, then what happens? Mr. Casserly distributed copies of a Resolution Adopting 1996 Tax Levies Collectible in 1997. The levy can be used for any I�iRA. anthorized activities. One of the programs adopted is the revoTving Ioan program. The levy provides a revenue stream available to the HRA which wi11 be used to repay part af the loan from the City. If..the City_were to Ioan the HRA $1.5 million at� 5� and the HRA.were to.make 5�-loans,-all of the loan repayments � would . ga ta repaY._-the_�City �loan. ;•:: The =1evy. �a2lows the HRA to _ repay the City"and fund-ttie-revolving loan program. � Ms, Schriabel stated the �1oai�- from the . City w�ill,:,cost the < HRA.� - about $75,:OOO:pe�:Year:in'-.;interest �When lookin _ wi12 not generate�enoug�i income.to cover the interest on;�the loan � and the loan payment. Mr. Casserly stated the-loan will be amortized like a mortgage so the payment will remain the same. The levy may not cover the interest the �irst year but should in subsequent years. Ms. Schnabel asked how much would the $1.5 million loan cost the HRA ultimately. Mr. Eilestad stated theoreticaily it should cost the HRA nothing. Mr. Commers asked how they arrived at the interest rate. Mr. Burns stated this is close to the interest rate that the City is getting in grants and loans for other projects. It seems to be a fair rate of return for the City. Mr. Casserly stated he thought this was correct. In di.scussions with Mr. Pribyl, he does get a bit better return on investments. 5$ represents a poorer return than tahat they would like to have but with less cost then if we had to issue bonds. � 12.16 � HOUSING & REDgpgI,ppMENT AUTHORITY MTG. JIILY 11 1996 PAGE 11 Mr. Casserly distributed copies of a Resolution Authorizing the Funding of the Fridley Revolving Loan Program; Providing for the Delegation of Certain Powers and Duties; Authorizing the Execution of Documents. Attached to this resolution is a schedule which provides an e�lanation of the cash flow. They figured an average loan of $12,000 for 12 years at 5°s. He reviewed the information. Mr. Commers stated, assuming a$12,000 loan throughout the period, in 10 years they will not be worth as much. We will have to increase the loans or 30 less. He did not know if the number of loans projected in the last few years was realistic. If they did not have a levy, would it be relevant to see how that affects our current financial status. Mr. Casserly stated, without the levy, it is difficult to.:do this type of program unless you take revenues out of pour existing cash flow. Mr. Commers stated he is wondering what that would do in terms of what we are doing and are able to do. . �� � Mr..Casserly stated the.HRA�now has-an opportunity to provide $3 � million �o the revenue stream: If yon do not.da this; it would be absorbed-out of the curre,nt.budget at $15o,U00 per year. He thought the HRA would see increasing demands on the fund� ��� balances. .. _ _. ,,:, .... .:, -- _ . Mr.�McFarland asked why not take $1.5 million from their existing revenues to finance the program. Mr. Ellestad stated the HRA has a$6 million cumulative balance. Another way to look at it is to invest by giving out loans to be paid back at 5$. Then figure the�eosts including a 2� origination fee, a 4g handling and maintenance fee plus a 2� reserve for bad debts. This is approximately 8.5� times $150,000 which would be the true operating expense for that program. That would become another column they could add which would give the operating cost the program. Mr. Commers asked if the HRA would be better off doing that. Therefore, 8.5$ plus the 5g we are paying to the City would be the true cost of operating the program. Why borrow the money from the City? Mr. Casserly stated one reason is to establish a fund in order to do the program. He thought the investment return would be better than 5$. . Mr. Ellestad stated the HRA investments are now making approximately 6�. If the HRA is going to borrow from the City at 12.17 F . 9. :� HOIISING & REDEVELOpMENT AUTHORITY MTG. JIILY 11 2996 PAGE 12 5g and then lending the money at 5�, it is basically a wash. The HRA will not be using ail that money at once_ It may be possible to invest some of it and gain some revenue. Mr. McFarland stated the HRA will be generating income from the loans and money from the tax levy which is building up the fund. If you do not make a commitment up front to capitalize the HRA monies, the fund will not grow_ Mr. Commers stated he thought, if they did not have the revenue, the HRA would have to capitalize it themselves: His concern is that the fund would grow less than prajected, there may be a shortfall in 7-8 years,_and the HRA is going to be limited in some of things they might want to do. Mr. Casserly stated part of the purpose in approaching the matter in this way was that so often the projects that come to the HRA are going to be redevelopment projects. The HRA will do anly some because staff and the resources ean only handle so many. In the near future, the HRA will be doi.ng projects.that ar� net losers . They will .provide some . nex�,i � revenue but, are pu�e • redevelopment. This type of`�:program�t�ied to beco�te.self- financing in - ths: future.. - If��►ou=<�tXeat�: each .:revolving °loan ,fund ° and provide that as.a separate:��source of�funds,�you.can continue with Zoans. That is what you=-wi11 -try�.�to do:_.in the. future. The HRA wili : do a•fe�t -grarii�s., But�..],oansr�are qoing to -be; the ;major ;.=�° � housing programs ::: T�is .:tries v to :'`addr�ss . that 'and tries :to - treat them as separate programs. ' Mr. Commers stated he was trying to figure out how badly they need the levy, What does it add to this? Mr. Casserly stated this essentially gives the HRA $Z,5 million up front and capitalizes the source for�the proqram. Mr. Fernelius asked if the tax levy really builds up a balance at the end. Mr. Casserly stated that is where the effect is seen. The HRA has then paid off the loan to the City and now has a levy which can be invested into programs without having to repay. It is very advantageous to have the levy particularly if you do not have to make repayments. It is to your advantage to borrow money to fund a program up front. In the event the program is not sound or you do not need the levy, you do not renew. This can be discontinued at any time. Mr. McFariand stated, if we are.going to invest stock, that should stabilize the tax base which percentage over time. It should be returning to stabilizing the tax base, 12.18 in our housing will offset that the tax payer by � � � � .� � - -�;, � � HOUSING � REDEV'ELOPMENT AUTHORITY MTG. JULY 11 1996 PAGE 13 Mr. Fernelius stated there is also the issue of encouraging other improvements to be made outside of our program. There are other positive effects for other owners. For every $1 we are investing, there may be $2 or $3 from the private sector being invested by owners who see people going through our program and willing to invest in their property. There are other positive effects it creates for other owners. Ms. Schnabel stated, if the improvements being made are bringing things up to code, we will not see a big increase in taxes. Mr. McFarland stated, if your housing stock.is going to stay with the times, they will have to update kitchens. and baths or you will have some deterioration. Enhancing the roof does not enhance the house. Mr. Commers asked if the members wanted to authorize the levy. Mr. Casserly stated he would recommend providing the maximum levy allowed by statute. In 1994, there could be two levies. In 1994, the HRA could have generated $156,000. In 1996, it could be slightly more than $150,000. Because=these�.levies are such �� small percentages, or .0144�; for the first year he would . ��� racommend the maximwn-allowed by statute: � • MOTION by Mr.- McFarland,� seconded.__ by_ Fis. -:Schnabel, to approve a Resoiution Adopting-1996 Tax Levies_Collectible�-in 1997:'�- - Mr_. Meyer stated he would vote no because he feels this is an inappropriate tax increase for the City's taxpayers. UPON A VOICS VOTE, AITH MR. COi4lERS� MS. SCHNABEL AND MR. MCFARLAIdD VOTING AYE, AND 1KR. M8Y8R AND MR. PRAIRIE VOTING NAY, CBAIRPERS�N C�MMERS DECLARSD TH� MOTIaN CARRIED BY A MAJORITY VOT$. ' MoTION by Ms. Schnabel, seconded by Mr. McFarland, to approve a Resolution Authorizing the Funding of the Fridley Revolving Loan Program; Providing for the Delegation of Certain Powers_and Duties; Authorizing the Execution of Documents. UPON A VOICE VOTE, WITH MR. COMMERB, M8. SCHNABEL AND MR. MCFARLAND VOTING AYE, AND MR. MEYER AND MR. PRAIRIE VOTING NAY, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED BY A MAJORITY VOTE. 10. RESOLUTION AUTHORIZING ADDITIONAL EXPENDITURES FOR THE MISSISSIPPI STREET/3RD STREET INTERSECTION PROJECT ,� Ms. Dacy stated the City opened bids for the intersection project and the low bid was $212,616.20_ This is a difference of 12.19 City Bloomington Communities with HRA Tax Levies Amount $fi43,000 Purpose General administration and housing programs. Brookiyn Center $300,556 General administration and economic development pro- jects. City has both HRA and EDA levy. Crystal $100,000 Levy funds are placed into special account for future redevelopment projects. New Hope N/a City charges an E�A levy for administration purposes. Finance Director did not � have estima#e on amount. Richtield $151,000 Genera! administration and redeveiopment prQgrams. So. St. Paui $55,000 General administration. 12.20