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12/16/2002 - 4769OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING DECEMBER 16, 2002 � � � CITY OF FRILILEY FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 2002 7:30 p.m. - City Council Chambers Attendance Sheet � ALFASF ARINT NAMF, ADDRFSS ANa /TFM NUM�BFR YaU ARF /NTFRFSTF�_/_N. Print Name (Clearly) Address Item No. ; � � � f � � - - !, � :7 ,, �-�t �� -r � ��,' � � ' � '� f's' ', i�.-" (,�� }., fa � r * � ''y.) ,� j � ,� . J.� `� f ,� r � , . - -� ,� , � . . t j � / ' � � � r � } �'' (��. ;� � � CITY COUNCIL MEETING OF DECEMBER 16, 2002 Cf1Y dF FRlDLEY The City of Fridley w-ill not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, proarams, or activities because of race, color, creed. reliaion. national origin, seY, disability, age, marital status, seYUal orientation or stat�zs with regard to public assistance. Upon request, accommodation �vill be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearin� impaired persons ��ho need �n interpreter or other persons with disabilities who require auYiliary aids should contact Roberta Collins at �72-3�00 at least one w-eek in advance. (TTD/�72-353�) PLEDGE O� ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 6 of the Fridley City Code Repealing the Human ResourcesCommission .................................................................................. 1 - 3 NEW BUSINESS: 2. Receive the Minutes of the Planning Commission Meeting of December 4, 2002 ...................................................................... 4- 9 3. Motion to Authorize the Fridley Senior Program to Apply for CDBG Funding for the Year2003 ........................................................a.............................................. 10 � 0 0 FRIDLEY CITY COUNCIL NIEETING OF DECEMBER 16, 2002 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Resolution Authorizing an lncrease in Compensation and Changes in Certain Benefits for the 2003 Calendar Year ............................................................ 11 - 12 5. Ciaims ............................................................................................................. 13 6. Licenses ....................................................................................................... 14 - 15 7. Estimates ....................................................................................................... 16 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. FRIDLEY CITY COU�ICIL 1VTEETI�iG OF DECEMBER 16, 2002 PAGE 3 OLD BUSINESS: 8. First Reading of an Ordinance Amending Chapter 205, Sections 205.17, 205.18, 205.19, 205.20 and 205.25 Related to Outdoor Storage in the Industrial Districts (Tabled October 28, 2002) ................................................................................. 17 � 25 NEW BUSINESS: 9. Resolution Certifying the Final Tax Levy Requirements for 2003 to the County of Anoka ................................................. 26 - 27 10. Resolution Adopting a Final Budget for Fiscalyear 2003 ................................................................................................. 28 - 30 11. First Reading of an Ordinance Amending Chapter 603, Intoxicating Liquor, of the Fridley City Code Pertaining to Food to Liquor Sales Ratio..............................................................................�....o.............e..... 31 - 32 ` 12. Resolution Approving the Issuance and Sale of the City of Fridley, Minnesota, Educational Facilities Revenue Note, Series 2002 (Totino-Grace High School Project) and Authorizing the Execution of Documents Relating Thereto (Ward 2) ............................................................. 33 - 37 FRIDLEY CITY COUNCIL NTEETING OF DECEi�TBER 16, 2002 PAGE -� NEW BUSINESS (CONTINUED): 13. Resolution Directing the Design for the Extension of 62"d Way West of Riverview Heights(Ward 3) ............................................................................................... 38 - 39 14. Resolution Ordering Preliminary Pians, Specifications and Estimates of the Costs Thereof: 62�d Way Extension Project No. ST. 2003 — 2 ...................................................................................................... 40 15. Informal Status Reports ....................................................................................... 41 ADJOURN. I ` .. �- F�IDLEY CITY COUNCIL MEETING OF DECEMBER 16, 2002 QiY OF FRIDLEY The City of Fridley will not discriminate a�ainst or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, reli�ion, national ori�in, sex, disability, age, marital status, serual orientation or status with resard to public assistance. Upon reyuest, accommoda[ion �vili be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require ausiliarv aids should contact Roberta CoUins at �7?-3�00 at least one �veek in advance. (TTDi�"�?-3�3�t) PLEDGE OF ALLEGIANCE. '� �j � F'''� ' APPROVAL OF PROPOSED CONSENT AGENDA: > J'��,, . �`; � �1,i� APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: ` :.%'� 1. Second Reading of an Ordinance Amending Chapter 6 of the Fridiey City Code Repealing the Human Resources Commission ................ 1 - 3 �`�� NEW BUSINESS: 2. Receive the Minutes of the Planning Commission Meeting of December 4, 2002 ............................................. 4 - 9 3. Motion to Authorize the Fridley Senior Program to Appiy for CDBG Funding for the Year 2003 ...................................... 10 4. Resolution Authorizing an Increase in Compensation and Changes in Certain Benefits for the 2003 Calendar Year ..................... . �V�... 11 - 12 � �J 5. Claims ..... 13 NEW BUSINESS (CONTINUED): 6. Licenses 7. Estimates .. 14 - 15 (�� ADOPTION OF AGENDA. ;� � � � � OPEN FORUM, VISITORS: Consideration of items not on Agenda – 15 minutes. OLD BUSINESS: 8. First Reading of an Ordinance Amending Chapter 205, Sections 205.17, 205.18, 205.19, 205.20 and 205.25 Related to Outdoor Storage in the Industrial District�J`''� ,�Tabled October 28, 2002) .�.�-.�°" 17 - 25 '��"� ,�'`� � � � : j ��-��'1 � � f� .�� C �7 �,: � � � ,�i + � �� SJ�" NEW BUSINESS: �� 9. Resolution Certifying the Final Tax Levy �� Requirements for 2003 to the County of Anoka .................................. 26 - 27 �, �� , �= � 5 � °. F'RIDLEY CITY COUNCIL NIEETING OF DECEMBER 16, 2002 NEW BUSINESS (CONTINUED): 10. Resolution Adopting a Final Budget for Fiscal year 2003 ................................. ��'� ��r� '} �4�i �` (/v 28 - 30 � 11. First Reading of an Ordinance Amending Chapter 603, Intoxicating Liquor, of the Fridley City Code Pertaining to Food to Liquor Sales Ratio................................... 31 - 32 � � �� -p ;v�� %l'� � �j � v�'" � � � S /u 12. Resolution Approving the Issuance and Sale of the Ciry of Fridley, Minnesota, Educational Facilities Revenue Note, Series 2002 (Totino-Grace High School Project) and Authorizing the Execution of Documents Relating Thereto f � � (Ward 2) ................................. 33 - 37 j � � 1 �� . � � `.� � � ,E�J�� 13. Resolution Directing the Design for the ��'j � 5`� � �,. Extension of 62�d Way West of Riverview �i� � Hei (Ward 3) ......R;.,�1/ ................ 38 - 39 t Si�• � /� �e�rlc(�-- ��,.�' i�� v� k° �� c,J'� t tit � �� ✓ � 14. Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: 62�d Way Extension Project No. ST. 2003 — 2 ..' ................................ 40 � �. � �v � � � � �,.� � ;-� F� � � J � , 15. Informal Status Repo�ts ADJOURN. �� ,�>��-�''�N � ..................... 41 � �g�� PAGE 2 / a CfTY OF FRIDLEY �tGENDA ITEM CiTY COUNCIL MEETING OF DECEMBER 16, 2002 TO: The Honorable Mayor and City Council FROivI: `Villiam W. Bnrns, Citv Nlanager �� SUBJECT: DATE: Dissolution of the Human Resources Commission December 12, 2002 We have debated the fate of the Human Resources Commission on several occasions. While �ve have considered several alternatives, none of them has been viewed as appropriate for this commission. In view of our discussions and in view of the Commission's perceived absence of a meaningful role, it would seem appropriate to dissolve the commission. The attached ordinance serves this purpose. The first reading was held on December 9, 2002. Staff recommends approval of the second and final reading of the attached ordinance. Attachment 1 ORDINANCE NO. AN ORDI��tANCE ANIENDING CHAPTER 6 OF THE FRIDLEY CITY CODE REPEALING THE Hti�I_AV RESOURCES COM�iISSIOv THE CITY COIINCIL OF `CHE CITY OF FRIDLEY HEREBY FINDS AND ORDAI�IS, AFTER REVIEW, EXAi�1INATION AtiD STAFF FZECOM�IENDATION THAT CHAPTER 1. LEGISLATIVE BODY, OF THE FRIDLEY CITY CODE BE A�tENDED AS FOLLOWS: That Chapter 6 of the Fridley City Code is hereby amended as follows: Section 6.01 Commission Titles 1, HE��-��eu�c��e� 4. �-. Appeals Commission 6.03 PLANNNG COMMISSION 4. Membership of Planning Commission A. The Planning Commission shall consist of the Planning Commission chairperson, the chairperson of the Parks and Recr�ation Commission, the chairperson of the Appeals Commission, the chairperson of the Environmental Quality and Energy Commission, t� e;a: pe=°e ; ef �::e ua�a� ��ese��ees �s��ss��, and two (2) members-at-large. (Ref. 871 and 93 7) . �. _� ,.a ! • ! •. ,. �. 3 � P-�+;Pese .. � . . .. . . .. .. .- . .. . . .... ... .. .. . .. . .- . .. .. .. .... ... .. w�:ia�;�.� . ! - . .. . � .. .. . . .. .- .. . ..- .. .. . .. .. � .. .. .. .. . � � .. .. . . .- .. • .. .. .. . . . . . -. .. .. .. . .. .. 2 Section 6.06 � APPEALS COMMISSION PASSED AND ADOPTED BY THE CITY COU�i 1CIL OF THE CITY OF FRIDLEY THIS _ DAY OF , ?002. ATTEST: Debra A. Skogen, City C1erk First Reading: Second Reading: Publication: 3 Scott J. Lund, Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 4, 2002 CALL TO ORDER: Co-Chairperson Kondrick called the December 4, 2002, Planning Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present: Dave Kondrick, Barb Johns, Larry Kuechle, Brad Dunham, and Leroy Oquist Members Absent: Diane Savage, Dean Saba Others Present: Jay Michels, Minnesota Erosion Control Association Stacy Stromberg, Planner Julie Jones, Environmental Planner APPROVE THE OCTOBER 2 2002 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Oquist, seconded by Ms. Johns, to approve the October 2, 2002, Planning Commiss;on meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CO-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. APPROVE THE 2003 PLANNING COMMISSION CALENDAR. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to approve the 2003 Planning Commission calendar. UPON A VOICE VOTE, ALL VOTING AYE, CO-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. RECEIVE THE MINUTES OF THE SEPTEMBER 25, 2002, APPEALS COMMISSION MEETING. MOTION by Mr. Kuechle, seconded by Ms. Johns, to receive the September 25, 2002, Appeals Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CO-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE AUGUST 5 2002 PARKS AND RECREATION COMMISSION MEETING. MOTION by Ms. Johns, seconded by Mr. Kuechle, to receive the August 5, 2002, Parks and Recreation Commission meeting minutes. � UPON A VOICE VOTE, ALL VOTING AYE, CO-CFiAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUS�Y. 4. RECEIVE THE MINUTES OF THE OCTOBER 9 2002 APPEA�S COMMISSION MEETING. MOTION by Mr. Kuechle, seconded by Ms. Johns, to receive the October 9, 2002, Appeals Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CO-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE OCTOBER 15 2002 ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING. MOT10N by Nts. Johns, seconded by Mr. Kuechle, to receive the October 15, 2002, Environmentai Quality & Energy Commission meeting minutes. UPON A VOICE VOTE, AL� VOTING AYE, CO-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE OCTOBER 23 2002 APPEALS COMMISSION MEETING. MOTION by Mr. Kuechle, seconded by Ms. Johns, to receive the October 23, 2002, Appeals Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CO-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE OCTOBER 7 2002 PARKS & RECREATION COMMISSION MEETING. MOTION by Mr. Dunham, seconded by Mr. Kondrick, to receive the October 7, 2002, Parks an� Recreation Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CO-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE THE MINUTES OF THE OCTOBER 3 2002 HOUSING AND REDEVELOPMENT AUTHORITY COMMISSION MEETING. MOTION by Mr. Oquist, seconded by Mr. Dunham, to receive the October 3, 2002, Housing and Redevelopment Authority Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CO-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. RECEIVE THE MINUTES OF THE NOVEMBER 13 2002 APPEALS COMMISSION MEETING. � MOTION by f�tr. Kondrick, seconded by Ms. Johns, to receive the November 13, 2002, Appeals Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CO-CHAIRPERSON KONDRICK DECLARED THE MOTlON CARRIED UNANIMOUSLY. OTHER BUSINESS: 10. NEMO WORKSHOP PRESENTATION BY JAY MICHELS. Ms. Jones introduced Jay Michels of the Minnesota Erosion Contro! Association. She explained that the Springbrook Watershed Project is a costly and labor-intensive project, attempting to restore a regionally-significant natural resource, the Springbrook wetlands. She said there were some key facts discovered in the Phase I investigation worth mentioning. One finding was that an inlet into the Nature Center that has almost no storm water ponding has ten times the storm water runoff coming into it compared to another iniet that has regional ponding. This proves that storm water treatment measures, like ponding, really do make a difference and can help protect naturai resources. Ms. Jones stated another discovery in the storm water testing was that there were three chemical readings found to be too high in the wetlands. Two of those chemicals were phosphorous and nitrogen. Phosphorous comes from grass clippings or leaves going into the street; and, it is one of the ingredients in lawn fertilizer. The third chemical component that was high in the water level was total suspended solids. TS� is soil in the storm water coming from soil erosion, and it can bury plant roots, making it difficult for them to survive. Ms. Jones stated it is good to see new leadership happening in the Rice Creek Watershed. Springbrook Watershed is a small watershed, but Rice Creek Watershed is a large watershed, so improvements are important in other watersheds also. The effects of the quality of storm water runoff is happening all across the city. Ms. Jones stated the staff of all four cities involved in the Springbrook Watershed Project are going to be looking at their city ordinances over the next year to see what changes need to be made based on the information in this NEMO presentation. She explained that Jay Michels is from the Minnesota Erosion Control Association and that he is much more knowledgeable than staff on the issue of storm water pollution. Mr. Michels explained that NEMO stands for Non-Point Education for Municipal Officials. The NEMO program started back in the early 1990's down in Connecticut and is sweeping the country. Mr. Michels warned that we have some very dramatic growth ahead of us by the year 2030 in the metro area, according to Metropolitan Council estimates. The question becomes how are we going to deal with half a million additional households in the metro area? How are we going to still protect these water quality resources that we hold near and dear in the State of Minnesota? Over 70 percent of residents feel that one of the biggest reasons they live here is our water and our natural resources. � Mr. Michels explained that the goal of the NEMO program is r�ot to make experts out of Planning Commission members but to get them to ask the right questions when development projects are proposed. The goal is to get planning commission members and city council members to ask "How is this going to change storm water?" when they look at new development and redevelopment and how it is going to affect the community. Mr. Michels explained the impact of development on waterways, the pollutants that are in polluted runoff, called land use impact water quality, and tied that information back to impervious surfaces and the kind of uses that are an indicator of the health of our receiving �vaters within a watershed. He explained that the goal or mission of NEMO is to get heavily urbanized areas to function more like naturally vegetated area. He explained how impervious surfaces change the quantity and quality of storm water runoff. He explained that storm water ponding is an effective tool, but that there are also new technologies that can also be used. Erosion control is also a battle he explained. We have ordinances in place locally, but we have a lack of enforcement. Rain drops come down and permeates at 38 feet per second, reaching exposed soil, and get the sediment particles moving around. Since those tiny sediment particles do not drop out of the water column until it is dead stiil, exposed soil translates into sedimentation problems. Sediment also carries nutrients, pathogens, and toxics contaminants, so erosion not only transports sediments into our water ways, but it's also a carrier of the pollutants. What we do in our backyard right here in Fridley has a huge affect on the Mississippi River and the Gulf of Mexico. Construction staging and construction ordinances are a very important part of solving water quality probiems. Mr. Michels stated that public education is needed since 58 percent of the people surveyed thought that when they dumped something down the storm drain, it was going to go directly into a wastewater treatment plant. He explained that litter is an issue also. Mr. Michels stated that water quality is directly tied to land use. As we start intensify land use, we have more impervious surfaces and we start seeing more pollutants and erosion. Even a gravel driveway or gravel roadway is an impervious surface, he stated, because it is usually compacted to 98 percent rock density, which is the same as building an impervious surface. Mr. Michels also explained that impervious surfaces inhibit the recharge of groundwater and prevent that natural processing that goes on between the soils and the plants. This is becoming a problem, and we are seeing some communities starting to limit development and implement watering restrictions due to a reduced available water supply. Certain types of vegetation can actually absorb hydrocarbons and petroleum products. But, for the most part, we use Kentucky blue grass and the water just runs right off, because the root system is so shallow. Any plant that has an 8 or 9 foot root system, can act like a chisel and break apart the compaction and allow for infiltration. 7 Mr. Michels gave some examples of different development projects which are designed in a manner that reduces storm water runoff and pollutants. He showed some pictures of different storm water filtering systems. He explained that there are also underground retention systems that put a storm water pond underneath a parking lot. He showed examples of pervious pavement options. Other design measures like narrower streets, engineered swales, and raingardens with native plantings were shown. He explained that these measures have been shown to dramatically reduce pollutants and the level of suspended solids in storm water runoff. Regarding zoning, one of the big questions to consider, Mr. Michels said, was how many parking spaces do we require? He discouraged cities from zoning for the da� after Thanksgiving, when 75% of parking areas largely sit empty the rest of the year. Mr. Michels explained that redevelopment is an opportunity to correct some of the problems that were created years ago. Every little big of g�een will help. Mr. Micheis also fielt there was opportunity to get homeowners involved in protecting water quality through education about proper lawn care practices, household hazardous waste disposal, rain water storage, shoreline protection, installation of gutters, and the effect of additional impervious surfaces. Mr. Michels explained street sweeping, saltir water quality. how maintenance practices of the public works department, like g streets, and catch basin maintenance, also have an impact on Mr. Michels stated that the Minnesota Erosion Control Association is here to help. The NEMO program is funded for the next couple years to come in and complete follow-up programs. They have fact sheets, and they have a website (www.nemo.uconn.edu), which is a one-stop shop for anyone interested in non-point source pollution. He also provided the Minnesota Erosion Control Association (www.mnerosion.orQ) website address. He stressed that solutions are up to us. It is our receiving waters and these waters make our community what it is today: Rice Creek, the Mississippi River, the wetlands, and the ponds. But, the job has just begun, and he is willing to help. Mr. Kondrick asked where does the automobile tire rubber go when the tread wears down? Mr. Michels replied it goes directly into our receiving waters. He doesn't think we have a real feel for what that does as far as a pollutants are concerned, but, eventually, it will work its way into the catch basins of the receiving waters along with other things like automotive fluids. Ms. Jones commented we have to think about the impact of development and redevelopment on the Mississippi River, which is the drinking water source for a quarter of thz population of the State. She said some people will argue against new measures : that protect the quality of water when they are required by law to do something, but everyone will agree that we all deserve access to a clean water supply. Mr. Kondrick commented about what Mr. Michels stated about most peopie thinking storm water gets reprocessed. Ms. Jones commented on how that would make a good citizen survey question. ADJOURN MOTION by Mr. Oquist to adjourn the meeting. Seconded by Ms. Johns. UPON A VOICE VOTE, ALL VOTING AYE, CO-CHAIRPERSON KONDRICK DECLARED THE MOTlON CARRIED AND THE DECEMBER 4, 2002, PLANNING COMMISSION WAS ADJOURNED AT 9:08 P.M. Respectfully submitted, Denise M. Letendre Recording Secretary 6 � � � qTY OF FRIDLEY To: From: Sub ject: Date: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 1S, 2002 William `V. Burns, City NTanager �i' � Connie Thompson, Senior Program Supen�isor Senior Companion Program December 10, 2002 INTRODUCTION In the past, the City of Fridley Senior Pro�ram has received �omrr�unity Development Block Grant (CDBG) Funds to administer our Senior Companion Program. Due to the County's administering of the Public Service portion of the CDBG fiinds, the cities of Fridley and Coon Rapids made a joint request for funding in 2002-2003. This arrangement has been received favorably for two years and is working well for both parties. We would like Council's approval to proceed with this year's application. DISCUSSION The cities of Coon Rapids and Fridley will once again be making a joint request for funds due to the application requirement stating, "applicants must request a minimum of $�,000 in CDBG Funds." Individually, the cities' request would be $4,000. By making a joint application, the request will be for $11,000. Historically, we have been funded for $7,639. The current joint agreement between the cities of Fridley and Coon Rapids states that Fridley will serve as the fiscal agent, applying for the funding on behalf of both cities and dispersing funds when received. RECOMMENDATION TO CITY COUNCIL To authorize the City of Fridley Senior Companion Program to apply for CDBG fundin� for the year 2003-2004. � � ` G7Y OF FRIDLEY ' To: , From Date: Re: AGENDA ITEM CITY COUNClL MEETING OF DECEM�ER 16, 2002 ,.. ��. William W. Burns, City �1anaQer � Deborah K. Dahl, Human Resources Directo December 12, 2002 Compensation Adjustments r �� ,� In order to prepare the final figures for the Personal Services portion of the 2003 budget, it w�ill be necessary for the City Council to approve any adjustments to salaries, benefits and other forms of compensation for 2003. I recommend the following for full and part-time City employees: l. A general increase of 2.0 percent in salaries. 2. An inerease of 2.0 percent in automobile allowances, where applicable. Please present the attached resolution to the City Council at their December 16, 2002, meeting. Thank you for your attention to this matter. /rsc Attachment � RESOLUTIO� �;o. - Zoo2 RESOLUTION AUTHORIZING A�1 INCREASF. IN COtiIPENSATION AND CH�NGES IN CERT �IN BENEFITS FOR THE 2003 CALENDAR YEAR WHEREAS, it is the intention of the Fridley City Counci( to provide fair and equitable compensation to Fridiey City Employees within bud�etary constraints; and WHEREAS, the City of Fridley intends to comply witll the �%linnesota Local Government Pay Equity Act; and WHEREAS, the City Council and City Staff have reviewed the City�s financial position as well as economic indicators and compensation adjustments by comparable employers; and WHEREAS, an adjustment of employee salaries and benefits is warranted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following adjustments and chanaes be authorized for emp(oyees of the City of Fridley, effective January 1, 2003: 1. A general increase of 2.0 percent in employee salaries. 2. An increase of 2.0 percent in automobile allowances, where applicable. PASSED AND ADOPTED BY THE CITY COUNCIL OF TI�E CITY OF FRIDLEY THIS DAY OF DECEMBER, 2002. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR � / AGENDA ITEM � COUNCIL MEETING OF DECEIVIBER 16, 2002 GTY OF FRIDLEY CLAIMS 1109053-109�8? 13 � ` C7TY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 1 C, 2002 Tvpe of License LAWFUL GAMBLI�iG Fridley Alano Society 5925 University Ave NE Fridley, MN 55432 LICENSES : John Pederson 14 Approved Bv Public Safety City Clerk Fees $25 i i �� City of Fridle AGENDAITEM City Council Meeting Of Monday, December 16, 2002 Gas Services Aspen Ventilation & Heating Co 9815 Pioneer Trf Greenfield MN 55357- � Mark Palmer General Contractor-Commercial Metro Building & Painting Companies 4738 42 Ave N Joe Leintz Robbinsdale MN 55422- Heatina Aspen Ventilation � Heating Co 9815 Pioneer Tr� Greenfield MN 55357- Plumbina St Croix Valley Ecowater 573 Co Rd A #104 Hudson WI 54016- 0 Mark Palmer Jim Schober 15 Approved Bv: Ron Julkowski Building O�cial Ron Julkowski Building Official Ron Julkowski Building Official State of MN � i ClTY OF fRIDLEY AGENDA ITEM CITY COUNClL MEETING OF DECEMBER 16, 2002 ESTI1t�7ATES CM Constniction Company Inc. 12215 Nicollet Avenue South Burnsville, N1N 553�7 Municipal Garage Expansion Project No. 3�3 EstimateNo. 1 ....................................................................... 16 $57,916.7� / � CffY OF FRIDLEY Date: To: From: RE: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 16, 2002 12/12/02 •, ,�. Wlliam Burns, City Manager �� Scott Hickok, CDD and Paul Bolin, Planning Director First Reading on Ordinance Amending Chapter 205, Related to Outdoor Storage in the Industrial Districts. M-02-146 INTRODUCTION Fridley's current Code requirements for outdoor storage in industrial zoning districts has, at best, been described as confusing, open to interpretation, and unfair to industry. Staff has investigated different ways to clarify Fridley's �equirements, allowing limited outdoor storage while still protecting the City's interests. Staff has worked to develop an Ordinance revision that repeals and replaces the current requirements with more clearly written language that balances industry needs with broader community needs. Over the past 3 months Staff has held two meetings with the Onaway District property owners to better address their needs and concerns. City Staff held a meeting with the Onaway property owners on November 13th to identify the issues that they had. The Onaway property owners were concerned about the curb and gutter requirement around their outdoor storage areas, storage of semi-trailers, the use of storage "pods, storage of snow plowing equipment and the City's dumpster enclosures. City Staff reviewed all of the issues and met with the Onaway property owners again on December 4th to discuss solutions to the identified issues. It was determined that curb and gutter around these outdoor storage areas could cause drainage problems, as these sites all share common alleyways. Therefore, staff removed that language from the proposed ordinance. While we were able to accommodate the Onaway property owners on curbing, we were not able to accommodate them on their request to allow semi-trailer storage. However, since storage "pods" are not specifically prohibited in the proposed ordinance language, if screened they could provide an alternative for those industries using semi-trailers for storage. Snow plowing equipment, when being stored, must be kept within the screened storage area. Dumpster enclosures are not regulated by the propose ordinance, rather, they are regulated by Chapter 113 — So/id Waste. Staff will be bringing forward proposed changes to the dumpster �nclosure requirements early in the New Year. 1� In addition to addressing Onaway issues, staff has had an extensive conversation with United Defense, who has determined that they wili not be negatively impacted by the proposed ordinance and fielded many phone calls from other industry owners throughout the City. The resulting code language does balance industry needs with sound planning principles and broader community needs. STAFF RECOMMENDATION Staff recommends approval of the proposed changes to the outdoor storage requirements in Fridley's Industrial Districts. The proposed changes will allow Fridley industries to maintain some outdoor storage while not being detrimental to surrounding properties. All changes to the zoning ordinance are noted in the attached ordinance format. Staff further recommends the Council hold the first reading for the proposed zoning text amendment. : Ordinance No. AN ORDI�iANCE Ai�IENDING CHAPTER 20�, SECTIONS 20�.17, 20�.18, 205.19, 20�.20 AND 205.2� RELATED TO OUTDOOR STOR�GE IN THE IvDUSTRIAL DISTRICTS The Fridley City Council hereby finds after revie�v, examination and recommendation of staff that Chapter 20� related to outdoor storage in Industrial Districts be amended as follows: SECTION l. That the followin� lanbuaee in Sections 205.17.O1.C.(11), 20�.18.O1.C.(12), 205.19.2.C.(4), 20�.20.O1.C.(2), and 20�.25.04.C.(12j be hereby repealed: c* � * � � } �,� i ,.;,�a„� � - � , , � � . . b � . . . (" 1 l��T * 1 -- � l,' 1 ,a 4 Ln � � ,7 t t l. "hI �- L . fC,/��\l A '�l r'.,1 .7:�r,-;�r .,rl�z�a r r., *hv , 5 ' `(�(�ll A hl' .,,-L .,a;�..o„r r� r1-.o , o� �,_ a ' C l T�T r 1 r l,' 1 .�,.a o „* �r,.ro,a �,.,t�'�7 ,� �,r e oa,a f;� �111� u aa (1 S\ F of ;., ho;rtl,t b ' b • . • SECTION 2. That Section 205.17 be hereby amended as follows 205.17. M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS 1. USES PERMITTED C. Uses Permitted With a Special Use Permit. (11) LIMITED OUTDOOR STORAGE All limited outdoor storaQe shall satisfv the followina requirements and other stipulations deemed necessarv due to site conditions: � �:� 19 �a) The outdoor storaae area is limited to a maximum size equal to �0% of the principal buildin�s footprint. T'his area must be desi�nated on a site plan submitted with the Special Use Permit (SUP) application and must be located in the side or rear vard. (b) The materials and equipment kept in the desianated outdoor storaae area must be fizllv screened so as to not be visible from: ((1)) A residential district adiacent to the use: ((2)) A residential district across a public rieht-of-way from the use� �(3)) A public park adjacent to the use; �(4)) A public riQht-of-wav, includin� railroad ri�ht-of-wav adjacent to the use; or ((�)l Anv commercial use adiacent to the use. (c) Screenin� of the outdoor storage area shall be achieved throu7h a combination of masonrv walls, fencin�, bermina, and landscapina in accordance with Section 205.17.07.G.(1)(a) (d) Materials and equipment stored outside must not exceed 12 feet in hei�ht. �e) The outdoor stora�e area must be a city-approved hard surface and bound on the perimeter by B-6-12 concrete curb and �utter. (i Special use permit for limited outdoor stora�e shall not permit the outside storaQe of semi-trucks, semi-trailers, or heavy construction equipment. (Q) Hazardous chemicals and materials are prohibited from being stored outside. �h) The outdoor storaQe shall not affect the required amount ofparkin� stalls needed on site. (i) The location and types of materials to be stored are to be reviewed bv the Fire Marshall. SECTION 3 That Section 205.18 be hereby amended as follows 205.18. M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS 2. USES PERMITTED C. Uses Permitted With a Special Use Permit. (11) LIMITED OUTDOOR STORAGE All limited outdoor stora�e shall satisfv the followin� requirements and other stiptitlations deemed necessarv due to site conditions: Z� I al -['he outdoor stora�e area is limited to a maximum size equal to �0°% of the principal buildinQs footprint. This area must be desianated on a site plan submitted with the Soecial lise Permit (SUP) applieation �nd must be located in the side or rear yard. (bl The materials and equipment kept in the desi�nated outdoor stora�e area must be fullv screened so as to not be visible from: ((1)) A residential district adjacent to the use; ((�)) A residential district across a public riaht-of-wav from the use: ((3)) A public park adjacent to the use; ((4)1 A public riQht-of-wav includin� railroad ri�ht-of-wav, adiacent to the use: or ((�)) Anv commercial use adjacent to the use. (c) Screenina of the outdoor storaae area shall be achieved throuah a combination of masonry walls fencing bermin� and landscapin� in accordance with Section 20�.18.06.G.(1)(a) (dl titaterials and equipment stored outside must not exceed 12 feet in heiQht. (e) The outdoor storage area must be a city-approved hard surface and bound on the perimeter by B-6-12 concrete curb and �utter. (fl Special use permit for limited outdoor stara�e shall not permit the outside stora�e of semi-trucks semi-trailers or heaW construction equipment. �) Hazardous chemicals and materials are prohibited from beina stored outside. (h) The outdoor storage shall not affect the required amount of parking stalls needed on site. (�The location and types of materials to be stored are to be reviewed by the Fire Marshall. SECTION 4. That Section 205.19 be hereby amended as follows 20�.19. NI-3 HEAVY INDUSTRIAL, OUTDOOR INTENSIVE DISTRICT 2. USES PERI�IITTED A. Principal Uses I�■ I The followin� are principal uses in �1-3 Districts: (�3) Uses whose principal use requires the outdoor storage of materials, motor vehicles, or equipment, including the outdoor manipulation of said materials, motor vehicles, or equipment under the followin� conditions. (j) The materiais and eQUipment must be fully screened so as to not be visible from: ((1)) A residential district adjacent to the use; ((2)) A residential distnet across a public ri�ht-of-wav from the use; ((3)) A public park adiacent to the use; ({4)) A public riaht-of-way, includin,� railroad ri�ht-of-wav. adiacent to the use; or ((5)) Any commercial use adjacent to the use. (k) Screenin� of the outdoor storaQe area shall be achieved throuah a combination of masonrv �valls, fencina, bermin.�, and landscapina in accordance with Section 20�.19.07.G.(1)(a) �1) Materials and equipment stored outside must not exceed 15 feet in hei�ht. (m) The outdoor storage of motorized vehicles must be on a city-approved hard surface and bound on the perimeter by B-6-12 concrete curb and �utter. (n) Hazardous chemicals and materials are prohibited from bein� stored outside. (o) The location and types of materials to be stared are to be reviewed by the Fire Marshall. (-�� Telecommunications Towers and Wireless Telecommunications Facilities are regulated in Section 20530 (Ref. Ord. 1112). SECTION 5. That Section 205.20 be hereby amended as follows 205.20. M-4 MANUFACTURING ONLY 4. USES PERMITTED C. Uses Permitted With a Special Use Permit. (11) LIMITED OUTDOOR STORAGE ZZ �ll limited outdoor stora�e shall satisfv the follo�vin� requirements and other stipulations deemed necessarv due to site conditions: (a) The outdoor stora�e area is limited to a maximum size equal to 50% of the principal buildin�s foot�-int This area must be desi�nated on a site plan submitted �vith the Special Use Permit (SUP) application and must be located in the side or rear vard. (b) The materials and equipment kept in the desi�nated outdoor storage area must be fullv screened so as to not be visible from: (("1)) A residential district adiacent to the use; ((�)) A residential district across a public ri�ht-of-�,vav from the use: ((3)) A public park adjacent to the use; �(4)) A public right-of-wav includina railroad riQht-of-wav, adjacent to the use; or ((5))Anv commercial use adjacent to the use. (c� W�lls fencin� berminQ and landscapin� in accordance with Section 205.20.06.G.(1)(a) �d) Materials and equipment stored outside must not exceed 12 feet in hei�ht. (e) The outdoor stora�e area must be a city-approved hard surface and bound on the perimeter bv B-6-12 concrete curb and autter. �i� Special use permit for limited outdoor storaQe shall not permit the outside storage of semi-trucks semi-trailers or heavy construction equipment. (�) Hazardous chemicals and materials are prohibited from bein� stored outside. (h) The outdoor storage shall not affect the required amount of parking stalls needed on site. (i) The location and types of materials to be stored are to be reviewed by the Fire Marshall. 23 SECTION 6 That Section 20�?5 be hereby amended as follows: SECTION 205.25 S-3 HEAVY INDUSTRIAL, ONAWAY ADDITION DISTRICT USES PERI�IITTED C. Uses Permitted With a Speciat Use Permit. (11) LIVIITED OUTDOOR STORAGE All limited outdoor storaoe shall satisfy the followina requirements and other stipulations deemed necessary due to site conditions: �a) The outdoor stora�e area is limited to a maximum size equal to 50% of the principal buildinas footprint. This area must be desiQnated on a site plan submitted with the Special Use Permit (SUP) application and must be located in the side or rear yard. (b) The materials and equipment kept in the designated outdoor storaQe area must be fully screened so as to not be visible from: ((1)) A residential district adiacent to the use; ((2)) A residential district across a public right-of-way from the use; ((3)) A public park adiacent to the use; �(4)) A public ri�ht-of-way, includin� railroad right-of-wav, adiacent to the use; or ((5)) Any commercial use adjacent to the use. (c) Screenina of the outdoor storage area shall be achieved throu�h a combination of masonry walls, fencing, berming, and landscaping in accordance with Section 205.25.09G.(1)(a) (d) Materials and equipment stored outside must not exceed 12 feet in height. (el The outdoor stora�e area must be a citv-approved hard surface. (fl Special use permit for limited outdoor stora�e shall not permit the outside storage of semi-trucks, semi-trailers, or heavy construction equipment. (g) Hazardous chemicals and materials are prohibited from beina stored outside. (h) The outdoor stora�e shall not affect the required amount of parkinQ stalls needed on site. �i) The location and types of materials to be stored are to be reviewed bv the Fire Marshall. 24 PASSED A�1D ADOPTED B�" THE CITY COUNCIL OF THE CIT'Y OF FRIDLEY THIS DAY OF �00? ATTEST: Debra A. Skogen, City Clerk Public Hearing: First Reading: Second Reading: Publication: � Scott J. Lund, Mayor � L CITY OF FRIDIEY TO: FROM: SUBJECT: DATE: AGENDA ITEM COUNCIL MEETING OF DECEMBER 16, 2002 WILLIAM W. BURNS, CITY MANAGER��r RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT RESOLUTION CERTIFYING THE FINAL TAX �EW FOR 2003 TO THE COUNTY OF ANOKA December 11, 2002 In conformance with Minnesota Statutes Chapter 275.07, subd. 1 attached is a resolution certifying the final tax levy requirements to the Anoka County Auditor. Chapter 275.07 requires the City to certify its final tax levy requirements to the County Auditor within 5 working days after December Zp`n The final tax levy for 2003 is $5,825,855 compared to $5,613,131 for 2002. We request the City Council pass the attached resolution to certify the final tax levy. Remember that this resolution must be adopted prior to adopting the finai budget. RDP/ce Attachment(s) 26 0 0 RESOLUTION NO. , 2002 RESOLUTION CERTIFYING THE FINAL TAX �EVY REQUIREMENTS FOR 2003 TO THE COUNTY OF ANOKA WHEREAS, Chapter Seven, Section 7.02 of the Charter of the Ciry of Fridley, grants the City the power to raise money by taxation pursuant to the laws of the State of �iinnesota; and WHEREAS, tilinnesota Statute Chapter 275, Section 065 requires the City to certify its proposed tas levy requirements to the Countv Auditor; NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County Auditor of the County of �.noka, State of Minnesota, the following proposed tax levy to be levied in 2002 for the GEN�ERAL FLJND General Fund CAPITAL PROJECT FUND $ 5,716,590 Capital Improvement Fund - Parks Division 94,165 AGENCY Ft.JN�D Six Ciries Watershed Management Organization 6,200 Stonybrook Creek Sub-Watershed District 8,900 TOTAL ALL FIINDS $ 5,825,855 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 16TH DAY OF DECEMBER, 2002 ATTEST: DEBRA A. SKOGEN — CITY CLERK SCOTT J. LLJND - MAYOR �7 � � CfTY OF FRIDLEY TO: FROM: SUBJECT: DATE: AGENDA ITEM COUNCIL MEETING OF DECEMBER 16, 2002 WILLIAM W. BURNS, CITY MANAGER�� RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT RESOLUTION ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR 2003 December 11, 2002 In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is the 2003 final budget. Chapter 275 requires the City to certify a final budget to the County Auditor prior to December 28. We request the City Council pass the attached resolution and adopt the 2003 Final Budget. Remember that the levy resolution must be adopted prior to adopting the budget. RDP/ce Attachment : RESOLUTION NO. - 2002 A RESOLGTION ADOPTING THE FI��1Ai, BUDGET FOR THE FISCAL YEAR 2003 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City �lanager sha11 prepare an annual budgeC; and WHEREAS, the City Manager has prepared such document and the City Council has met several times for the purpose of discussing the budget; and VVHEREAS, Chapter 27�, Section 06� of Minnesota Statutes requires that the City shall hold a public hearing to adopt a budget; and WHEREAS, the City Council has held a public hearin� and has concluded the budget as prepared is appropriate; NOW THEREFORE, BE IT RESOLVED that the following budget be adopted and approved ESTINIATED REVENUE GENER�LFUND Taxes Current Ad Valorem Deliquent, Penalties, Forfeited Licenses and Permits Licenses Permits Intergovernmental: Federal State- � 5,716,590 27,000 202,100 220,700 4,000 Loca] Govemment Aid 2,045,663 All Other 593,282 Charges for Services: General Govemment Pubiic Safety Conservation of Health Recreation Fines and Forfeits Special Assessments Interest on Investments �Siscellaneous Revenues Other Financing Sources: Sales of General Fixed A�sets LiquorFund Closed Debt Service Fund Employee Benefit Fund Police Activity Fund 898,5'10 155,450 4,900 277,600 190,500 7,800 400,000 127,730 35,000 450,000 232,900 30,000 345,195 APPROPRIATIONS Legislative: Ciry Council Planning Commissions Other Commissions City Management: General Management Personnel Legai Finance: Elections Accounting Assessing MIS City Clerk/Records Police: Police Civil Defense Fire: Fire Rental Inspections Public Works: Municipal Center Engineering Lighting Park Maintenance Street tilaintenance 29 S 135,446 994 2,645 299,832 I 52,034 314,018 1,230 676,896 155,995 258,247 173,825 3,991,446 15,687 1,038,319 126,560 254,175 541,014 203,600 965,038 1,379,436 TOT.�L REVE�T,`ES .a�ID OTHER FIN.��CING SOtiRCES Fund Balance: General Fund Reser�e TOT.aI. GENER-�L F'UND SPECIAL REV�NtiE F[,'iYDS Cable TV Fund Grant �[anagement Fund Solid Waste .4batement Fund Housing Revitialization Fund Police Activity Fund Fund Balance TOT�L, SPECLIL REVEiHUE FUNDS CAP[TAL PROJECTS FUND Capital Improvement Fund Ta�ces-C�rrent Ad Valorem Interest on [nvestments Park Fees Storm Water Fund Fund Balance TOTAL CAPITAL PROJECTS FUND AGENCY FUND Six Ciries Watershed Fund Taxes-Current Ad Valorem TOTAL AGENCY FUND TOTAL ALL FUNDS 11,9��3,980 9'_8,931 $ 12,883,911 S 191,830 '-30,363 29 l , t 60 0 63,000 .S�i9,743 $ 1,236,096 $ 94,165 245,000 30,000 100,000 19 065 $ 450,100 6,200 � 6,200 $ 14,576,307 Recreation: Rec�eation Nanualist Community Development Building Inspection Planning Reserve: Emergency Nondepartmental: Generai Capital Improvement Streets Capitai Improvement Parks Capital Improvement Six Cities Watashed 943,812 303,�3 l 300,005 462,142 100,000 88,034 $ 12,383,911 $ 127,a00 190,636 322.865 250,000 345,195 � 1,236,096 S 105,000 192,000 I 53,100 $ 450,100 6,200 $ 6,200 $ 14,576,307 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 16TH DAY OF DECEMBER 2002. ATTEST: DEBRA A. SKOGEN, CITY CLERK 30 SCOTT J. LUND, MAYOR 0 � AGENDA ITEM COUNCIL MEETING OF DECEMBER 16, 2002 CfiY OF FRIDLEY TO: WILLIAM W. BURNS�� FROtiL• RICH.�RD D. PRIBYL, FINANCE DIRECTOR SUBJECT: CHAPTER 603 "INTOXICATING LIQUOR", FOOD/LIQUOR R.ATIO DATE: December 11, 2002 Staff is presenting a proposed ordinance change to Chapter 603 Intoxi�ating Liquor. The change would have the affect of lowering the food portion of the food to liquor ratio to 35%. This change would mean that a restaurant would need to sell a minimum of 35% food, when comparing the ratio of food to liquor. The definition of "Restaurant" in the last sentence was changed in an attempt to further clarify the language. RDP/me Attachment .�' ORDINANCE NO. AN ORDINANCE �'�IENDING CHAPTER b03. INTOXICATING LIQUOR OF THE FRIDLEY CITY CODE PERTAINING TO FOOD TO LIQUOR SALES RATIO THE CITY COLNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: That the following sections are hereby amended as follows: 603.01. DEFINITIONS 7. Restaurant Any establishment, other than a hotel, under the control of a sin�le proprietor or manager, having kitchen and other facilities to serve meals and where, in consideration of payment therefore, meals are regularly served at tables to the general public. Such establishment employs an adequate staff for the usual and suitable service to its guests., �^� *h° �•�°;r°°° ^F � ,� ,�i„ „} � *� i• f �� ,- �� „vnnoi „f*�,o *„*.,� �vr�-ar�z virivc'rcrosriq'tivi�o zoi u zic°vixov°7oca i., .. .............., .... ... , � .... ..... �....... �s�ess The restaurant shall be conducted in such a manner that the business of servinQ food for a license vear must be a minimum of 35% of the total business of servin� food and intoxicating liquors. 603.10. CONDITIONS OF LICENSE 18. A restaurant shall be conducted in such a manner that the business of serving food for a license year must be a minimum of 35% 48°� of the total business of serving food and intoxicating liquors. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors a minimum of 35% 4�°1a of the business for a license year is the serving of food. 19. At the time of the application for renewal of application of an "ort-sale" license, the applicant shall submit proof to the City that a minimum of 35% 48°� of the gross sales, derived from the sale of food and intoxicating liquors of the establishment, for which the "orrsale" license is to be used, is in the serving of food. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2002. ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: Second Reading: Published: 32 SCOTT J. LLJND, MAYOR � � CffY OF FRIDLEY � FRONI: �� ► � ; ►1 COU�ICIL MEETING OF DECEMBER 16, 2002 WILLIA1i1 ti'. BURNS, CITY11�fANAGERh �� fll RICHARD D. PRIBYL, FINANCE DIRECTOR SUB.IECT: RESOL U?70�V APPROVING THE ISSUAIVCE AND SALE CITY OF FRIDLEY, �l�iI�VNESOTA EDUCATIONAL FACIL�TIES REYEtVUE NOTE, SERIES 2002 (TOTINO-GRACE HIGH SCHOOL PROJECT) AiVD AUTHORIZING THE EXECUTIOIV OF DOCU!'�IENTS RELATING THERETO) DATE: December 12, 2002 This resolution is related to the Public Hearing and Preliminary Resolution that was acted upon at the Council i�leeting of December 9, 2002. The resolution will allow for the issuance of tax exempt revenue bonds payable solely from revenues generated by Totino-Grace. The project will fund a number of capital items at the schooi and also be used to refinance some existing debt. This debt is similar to the Industrial Revenue Development Bonds done a number of years ago. The bonds will not constitute a debt of the City and the City will not be pledging its full faith and credit towards any future repayment. As in other issues similar to this, the City has no liabil�ty as this is conduit refinancing. The bond is a revenue bond that is paid based on a pledged revenue stream. Jim O'Meara has reviewed the bond documents and minor corrections have been made where appropriate. Staff is recommending the approval of the attached resolution. RDP/me Attachment(s) 33 RESOLUTION NO. , 2002 RESOLtiTION APPROVING THE ISSL'ANCE A��1D S�LE OF THE CITY OF FRIDLEY, 1�IINNESOTA EDUCATIOi�1AL FACILITIES REVENUE NOTE, SERIES 2002 (TOTINO-GRACE HIGH SCHOOL PROJECT) AND AUTHORIZING THE EXECUTION OF DOCUrIENTS RELATING THERETO BE IT RESOLVED by the City Council (the °City Council") of the City of Fridley, Minnesota (the "City"), as follows: The City is authorized under Minnesota Statutes, Section 469.152 to 469.16�1, as amended (the "Act") to issue certain revenue bonds. The City has received a proposal that it issue its revenue Note in the aggregate principal amount of up to $4,000,000 to provide funds to be loaned to Grace High School, a nonprofit corporation organized under the laws of the State of Minnesota (d/b/a Totino-Grace High School) (the "Borrower") to finance and refinance the non-religious portions of the renovation and equipping of, and construction of additions to, a high school known as Totino-Grace High School, owned and operated by the Borrower and located at 13�0 Gardena Avenue NE in the City (the "Project"). The City Council held a public hearing on December 9, 2002, on the issuance of the Note to finance the Project. The City hereby determines to issue its Educational Facilities Revenue Note, Series 2002 (Totino- Grace High School Project) (the "Note") to finance the Project, subject to compliance with the conditions referred to herein. It is proposed that the Note be purchased by North American Banking Company, a Minnesota corporation (the "Lender"), as provided herein. The City will loan the proceeds of the Note (the "Loan") to the Borrower to finance and refinance the Project. It is proposed that a Loan Agreement (the 'Zoan Agreement") be entered into between the City and the Bonower respecting the Project. A draft of the Loan Agreement has been submitted to the City Council. Pursuant to a Pledge Agreement (the "Pledge Agreement") to be entered into between the City and the Lender, the City will pledge and assign all of its rights, title, and interest in the Loan Agreement to the Lender (except for certain rights and interests of the City, including indemnification and to reimbursement for certain costs and expenses). A draft of the Pledge Agreement has been submitted to the City Council. The Note may not and shall not constitute an indebtedness, a pecuniary liability, a moral or general obligation or a loan of the credit of the City, and the Note is not and may not be secured by, and is not and may not be a charge, lien or encumbrance, legal or equitable, against the property, funds, general credit or taxing powers of City. The Note may be and shall be only a special and limited revenue obligation of the City payable solely from the revenues provided for the payment thereof pursuant to the Loan Agreement or pursuant to a mortgage, a security agreement or such other security (if any) as may be provided to the Lender by the Borrower. 34 Bri��s and Morgan, in its capacity as bond counsel for the Note, has advised the City that, pursuant to Section 496.1�4 of the Act, the Project furthers the purposes stated in Section 469.152 of the Act, and based entirely on that representation and without independent investigation, the City Council herebv so iinds. The �ote issued pursuant to this Resolution shall be in substantially the form submitted to the City Council on the date hereof, and shall bear interest at the rates, mature in the years and amounts and be subject to redemption as therein specified. The total aga egate principal amount of the Note that may be outstanding hereunder is expressly limited to $4,000,000; provided, however, the Note may be . initially issued in a lesser maximum principal amount by agreement of the Borro�ver and the Lender. The offer of the Lender to purchase the Note at an aggregate purchase price of such amount as is actually disbursed there under is hereby accepted. The Note shall contain a recital that it is issued pursuant to ��innesota Statutes, Sections 469.1 �2 to 469.16�. The Note shall be dated as of the date of delivery to the Lender, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. The Note shall be executed on behalf of the City by the manual or facsimile signatures of its Mayor and City Manager (or by such city officials as may act in their stead upon their absence or disability) and shall be sealed with the seal of the City; provided that the seal may be intentionally omitted as provided by law. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such signatory had remained in office until delivery. The City will cause to be kept at the office of the City Cierk a Note Register in which., subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be initially registered in the name of the Lender and shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of such Note together with a written instrument of transfer satisfactory to the Clerk, duly executed by the Lender or its duly authorized agent. The following form of assignment shall be sufficient for said purpose: For value received (the "Transferor") hereby sells, assigns and transfers unto undersigned, the within Note of the City of Fridley, Minnesota, and does hereby inevocably constitute and appoint attorney to transfer the Note on the books of said City with full power of substitution in the premises. The undersi�ned certifies that the transfer is made in accordance with the provisions of the Note relating to transfer and assignment thereof, including, without limitation, compliance by thP Transferor with all applicable securities and other laws and regulations. Dated: Registered Owner, Transferor Upon such transfer the City Clerk shall note the date of registration and the name and address of the new registered owner of the Note in the Note Register and in the registration blank appearing on such Note, and at the request and expense oithe Transferee, issue a replacement note registered in the name of the Transferee. 35 In case any Note issued hereunder shall become mutilated or be destroyed or lost, upon written request, the City shall, if not then prohibited by law, cause to be eYecuted and delivered, a new Note of like outstanding principal amount, number and tenor in e�cchange and substitution for and upon cancellation of such mutilated i�lote, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in connection there�vith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. The City may deem and treat the person in whose name a Note is last registered in the Note Register and by notation on such Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the principal balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of renderin� any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. The officers of the City are authorized to furnish to Bond Counsel certified copies of this Resolution and affidavits or certificates as to all other matters within their knowledge and control and such other certifications as may be acceptable to the City's special issuer's counsel for the Note. The form of the proposed Note, Loan Agreement and the Pledge Agreement are hereby approved in substantially the form heretofore presented to the City Council together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions there from and additions thereto as may be necessary and appropriate and approved by Bond Counsel or required by special counsel to the City prior to the execution of the documents, and the Mayor and City Manager are authorized in their discretion, at such time (if any) as they may deem appropriate to execute and deliver the Note, the Loan Agreement and the Pledge Agreement in the name of and on behalf of the City. In the event of the absence or disability of the Mayor or the City Manager such officers of the City as may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In order to qualify the Note as "qualified tax-exempt obligations" within the meanin� of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), the City hereby makes the following factual statements and representations; The City hereby desi�ates the Note as a qualified tax-exempt obligation for purposes of Section 265(b)(3) of the Code; 36 0 The reasonably anticipated amount of tax-exempt obligations (other than obligations described in clause (ii) of Section 265(b)(3)(C) of the Code) which will be issued by the City (and all entities whose obligations will be ag�egated with those of the City) during the calendar year 2002 will not exceed � 10,000,000; and Not more than � 10,000,000 uf obligations issued by the City during the calendar year 2002 have been designated for purposes of Section 265(b)(3) of the Code. PASSED AND ADOPTED BY THE CITY COLTNCIL OF THE CITY OF FRIDLEY THIS DAY OF DECEMBER, 2002. Attest: DEBRA A. SKOGEN — CITY CLERK SCOTT J. LUND - MAYOR � / � C1TY OF FRIDLEY TO: FRO�1: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 16, 2002 `tiilliam W. Burns, Ci Mana er /�� tY g � J on �-��ukaas, Public Works Director December 6, 2002 Resolution Initiating 62°`� `Vay EYtension Project PW02-104 At the request of the City Council, staff has created a possible layout for the extension of 62°a �Vay as a city street with a cross section deficient in both right-of-way and street width. Attached are two resolutions to begin this process. The first resolution directs staff to design the 62"d Way extension at an overall width of 13 feet. Without a specific resolution by the City Council directing this design, signing such construction drawing opens the Giry Engineer to possible personal liability and licensure risks for designing a street so contrary to all recommended design standards. The second resolution is the first step to initiate the project by ordering design, plan preparation and estimation of costs. The project would require acquisition of additional right- of-way and creation of a 13 foot wide street with concrete curb and gutter and bituminous paving. Should the Ciry Council wish to proceed with the project, the attached resolution must be adopted to initiate the design work for the extension of 62nd Way. JHH:cz Attachment �•� RESOLUTION NO. - 2002 RESOLUTION DIRECTING THE DESIGN �OR THE EXTENSION OF 62� WAY WEST OF RIVERVIEW TERRACE wHEREAS, the proposed s�reet wid�h Tor t'r.e extension o� 62'd �n1ay is less tha� the City's established policy standard of 30 feet, and WHEREAS, the construction of a street to accepted standards would require the acquisition of a significant amount of right-of-way which would ' adversely affect the adjacent properties, and , WHEREAS, the Engir.eering staff of the City recommer.ds, neverthel�ss, �ne utilization o� nationai and loca'ly accepted standards, and WHEREAS, that, after careful review of the facts and circumstances hereir., the City Council has determined that the best interest of the adjacent residents and the City is to construct the street extension to a substandard design width and not in accordance with the larger configuration of national and locally accepted standards. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council oi tne City oi Fridley, Anoka County, Minnesota, as follows: The Engineering staff and Department of Public Works be and is directed to design the proposed street extension of 62nd Way at an overall width of 13 feet face of curb to face of curb. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 16TH DAY OF DECEMBER, 2002. ATTEST: DEBRA A. SKOGEN - CITY CLERK . 39 SCOTT J. LUND, MAYOR RESOLUTION NO. - 2002 RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEROF: 621''D WAY EXTENSION PROJECT NO. ST. 2003 - 2 NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That it appears in the interests of the property owners and the City that there be constructed certain improvements to wit: y Street improvements, including gradinq, stabilized base, hot mix bitumir.ous surfacing, concrete curb and gutter, restoration and other � necessary facilities located as follows: 62°d Way - Riverview Terrace to the west That the work involved in said improvements listed above shall hereafter be designated as: 62°d Way Extension Project No. ST. 2003 - 2. 2. That the Public Works Director, Jon H. Haukaas, City of Fridley, MN, is hereby authorized and directed to draw the preliminary plans and specifications and to tabulate the results of his estimates of the costs of said improvements, including expenses incurred (or to be incurred) in connection therewith, or the financing thereof, and to make a preliminary report of his findings stating therein whether said improvements are feasible and whether they can best be made as proposed, or in connection with some other improvements (and the estimated cost as recommended), including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. That said preliminary report of the public Works Director shall be furnished to the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 16TH DAY OF DECEMBER, 2002. ATTEST: DEBRA A. SKOG�N - CITY CLERK SCOTT J. LUND, MAYOR . � , � � AGENDA ITEM �r�roF CITY COUNCIL MEETING OF DECEMBER 16, 2002 FRIDLEY INFORMAL STAT'US RE'PORTS �l