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02/22/1999 - 46424�FRIDLEY CITY COIINCIL MEETING �a ATTENDENCE SHEET _ Mav�d�,y, �e��.u�.y 22, 1999 . 7:30 P.M. FLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER - L= {'i/L' J! ��i �X? e; -�/� � i O l� J %�i C- ' ` V �/ / ' ` � 9 � ` / i� � N z �. `� �' C �c V��v � �,.�r� 5�,�-.,,� l� .� � � � `d� � � � c -� -,� �� —� l� '. ,� � �� °� � �. �� . � � � � �s f�(,1,�,� l_��ti, ��{��t<'C L' � �(/J /V `/ ��;i� /V2'�`/�C-./ /,%�r� �4L,if�' !' ,� �,� � � �-- i � � i ,� r � ; // .lr�� ,' L. �C //��, ' ^ � ;� � � !�l/b'�C.�"' � - s � �, �� i� _� ��; � �� /�-� C• �� d��%t. �" � �l'/��s .�� 1�,�� , ��` � �^� � �� J c:z t� � �,�; � � -� Y � `- �✓� � �- 2r <S��- �s� � S � • /� � - :`�"d �. w o .�` l/� �- S-�-- G(, I�- �a ` � �.��-�— � �� >�� 1"rc' � f 5 r'G , ,-�i�l / �� ' � � `;, �l ° f � � �i�f'� � -�.� p'In� �� `7G �- � j� � -� C} Gz� �7 � r � � ��^ � , � �� vl;�, � u � ' .s�ti, n _ � -- � � �- C �-� jv ��' �/ -�- �'� i � � ` � /� _' ' , ,� /',� _ � �;?l % �ti �ti 1��< < c ��C' �� t i � ! �- L , � � . . — .�' ��U'C_. ' � �, `7� LC�r' ��-t L-fi��jt rfit S � • .�i` � . �� ,.� �; �u-� t r(-f � T 7� �� r vc: tZ v t L`- c�� C,z/zs�ci�" � �c:� i�i� �- t�y - , - ., ,, .� � �l,�;v'�,�-'.� /.,c�c f.�'-'f��. j�� - ) r '� � j"✓� � ��-' ��=�"!/�,-i' : �` : � %� 5' i��' , � � <�- C,�' -- , ��-l; ".i'� �,;� � �i�w;,,� �;��. ��'�'i.��L �� FRIDLEY CITY COUNCIL MEETING OF cmroF FEBRUARY 22,1999 FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, mazital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TT"D/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: City Council Meeting of February 8, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Planning Commission Minutes ofFebruary 3, 1999 ............................................................aa.......... 1.01 - 1.09 Approve Agreement for Curbside Recycling Services Between the City of Fridley and BFI Waste Systems of North America, Incorporated ........................................................... 2.01 - 2.�� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 1999 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Approve Amendment to the Joint Powers � Agreement for the 57�' Avenue Improvement . Project ....................................................................................... 3.01 - 3.06 Receive Bids and Award Contract for the Repair of Well Nos. 8 and 11 .......................................................... 4.01 - 4.02 Receive Bids and Award Contract for the Purchase of a Tanker/Flusher Truck ............................................... 5.01 - 5.03 Receive Bids and Award Contract for Sanitary Sewer Repair Project No. 320 .......................................... 6.01 - 6.04 Resolution Authorizing Changes in . � Appropriations for the General Fund and ' the Capital Improvement Fund Through � December 31, 1998 ........................................................................ 7.01 - 7.03 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 1999 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDL Approve 1999 Reappointments to City of Fridley Commissions ....................................................................... 8.01 - 8.02 Appointments: City Employees ...................................................... 9.01 Claims....................................................................................... 10.01 Licenses....................................................................................... 11.01 - 11.03 Estimates..................................:.................................................... 12.01 ADOPTION OF AGENDA. OPEN FORUM. VISITORS: (Consideration of Items not on Agenda -15 Minutes) FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 1999 PAGE 4 PUBLIC HEARING: Riverview Heights Area Improvement Project No. ST. 1999 - 1 ................................................................................... 13.01 - 13.03 NEW BUSINESS: Resolution Ordering Final Plans and Specifications and Estimates of Costs Thereof: Riverview Heights Area Improvement Project No. ST. 1999 - 1 ................................................. 14.01 - 14.03 Resolution Receiving Final Plans and Specifications and Ordering Advertisement for Bids: Riverview Heights Area Improvement Project No. ST. 1999 - 1 ....................................................................... 15.01 - 15.05 InformalStatus Reports ....................................................................... 16.01 ADJOURN. ! � �j �;r�E��,��` _ �• FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 1999 � �� The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employmen� its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, mazital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: City Council Meeting of February 8, 1999 . , � , APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Planning Commission Minutes of February 3, 1999 ........................ 1.01 - 1.09 Approve Agreement for Curbside Recycling Services Between the City of Fridley and BFI Waste Systems of North America, Incorporated ........... 2.01 - 2.16 Approve Amendment to the Joint Powers Agreement for the 57"' Avenue Improvement Project ................................... 3.01 - 3.06 Receive Bids and Award Contract for the Repair of Well Nos. 8 and 11 .......... 4.01 - 4.02 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED►: Receive Bids and Award Contract for the Purchase of a Tanker/Flusher Truck ................................... 5.01 - 5.03 �) � Receive Bids and Award Contract for Sanitary Sewer Repair Project No. 320 ................................... 6.01 - 6.04 �� Resolution Authorizing Changes in � Appropriations for the General Fund and `• the Capital Improvement Fund Through December 31, 1998 ........................ 7.01 - 7.03 Approve 1999 Reappointments to City of Fridley Commissions ...................... 8.01 - 8.02 Appointments: City Employees ...... 9.01 �-d� - � �� Claims Licenses Estimates .................... � .................... � r �� ......... a�e�- 1 � ......... i�9�t�6'1-11'.03 �3 .......... 't'2�'� . i ' FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 1999 ADOPTION OF AGENDA. �� '✓ ��n /�-� � OPEN FORUM. VISITORS: (Consideration of Items not on Agenda - 15 Minutes) �d�� PUBLIC HEARING: Riverview Heights Area Improvement Project 1 T No. ST. 1999 - 1 ................................. �03 NEW BUSINESS: Resolution Ordering Final Plans and Specifications and Estimates of Costs �0 � '� Thereof: Riverview Heights Area � tJ-�"' Improvement Project No. ST. 1999 - 1 .. 1� ��[� p/ —�'f� 03- a� � �.� a� �,�' �� _ PAGE 2 � - �-�/ r� �3. �c- C � � n�� ` � � � �� Resolution Receiving Final Plans and ��1 � Specifications and Ordering Advertisement . � ��+' � for Bids: Riverview Heights Area Improvement �� ,r.�� ,��' Project No. ST. 1999 - 1 ........................ 1�-8�b'5 ��t �� N� +� a� �°c �� .�` '�'� ��s,� �,� � ,�.� , 4 �,�, v� ,� ��' - /S G.3 �,/ � � v /S Da- � v�,l� � � �"/� �� Informal Status Reports ......................... 16.01 ADJOURN. l��(� �1-'as �C�,ft �- THE MINUTES OF THE ftEGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 8, 1999 The Regul.ar Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: Mayor Jorgenson, Councilmember Barnette, Councal- member Billings, Councilmember Wolfe, and Council- member Bolkcom None APPROVAL OF MINUTES: Regular City Council Meeting of January 25, 1999: MOTION by Councilmember Bolkcom to approve the minutes of the Regular City Council Meeting of January 25, 1999 as presented in writing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOft JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. SECOND READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING SECTIONS 205.07.O1.C.(4), 205.08.O1.C.(4), 205.09.O1.C.(3), AND 205 10 O1 C(4), TO ALLOW, BY SPECIAL USE PERMIT, DAYCARE FACILITIES ON PROPERTIES THAT EXCEED 12,000 SQUARE FEET IN THE R-1 SINGLE FAMILY DISTRICT; R-2, TWO FAMILY DISTRICT; R-3, GENERAL MULTIPLE UNIT DISTRICT; AND R-4, MOBILE HOME PARK DISTRICT: Mr. Burns, City Manager, explained that the ordinance required the church to be on a lot that has a m,'n;mum of 12,000 square feet as well as one off-street parking space for each 100 square feet of useable day care floor area. A survey FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8. 1999 PAGE 2 was conducted of residents in areas most likely to be impacted. It showed support by a majority of the residents surveyed. He noted that this item was reviewed and approved by the Planning Commission. Public hearings were held by both the Planning Commission and the City Council on this item. Staff recommended that Council approve the second and final reading. APPROVED ORDINANCE NO. 1121 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING SECTIONS 205.07.O1.C.(4), 205.08.01.C.(4), 205.09.O1.C.(3), AND 205.10.O1.C.(4), TO ALLOW, BY SPECIAL USE PER,MIT, DAYCARE FACILITIES ON PROPERTIES THAT EXCEED 12,000 SQUAR.E FEET IN THE R-1, SINGLE FAMILY DISTRICT; R-2, TWO FAMILY DISTRICT; R-3, GENERAL MULTIPLE UNIT DISTRICT; AND R�, MOBILE HOME PARK DISTRICT. NEW BUSINESS: 2. APPROVE OFFICIAL SUMMARY ORDINANCE FOR ZONING TEXT AMENDMENT, ZTA #98-03 TO ALLOW DAYCARE FACILITIES IN AN EXPANDED NUMBER OF LOCATIONS: APPROVED OFFICIAL SUMMARY ORDINANCE FOR ZONING TEXT AMENDMENT, ZTA #98-03 TO ALLOW DAYCARE FACILITIES IN AN EXPANDED NUMBER OF LOCATIONS. 3. APPROVE AN AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR HOLIDAY COMPANIES (HOLIDAY COMPLEX AT 240-250 57TH AVENUE N.E.) (WARD 3): Mr. Burns, City Manager, explained that this legislation re-allocates existing attached sign space in a manner that grants 658 square feet, out of a total of 1,227 square feet, to Cub Foods. APPROVED AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR HOLIDAY COMPANIES (HOLIDAY COMPLEX AT 240-250 57TH AVENUE N.E.). 4. APPROVE EXTENSION OF SPECIAL USE PERMIT, SP #98-01 AND VARIANCE REQUEST, VAR #98-03 BY HOLIDAY COMPANIES TO CONSTRUCT A NEW HOLIDAY STATIONSTORE GENER.ALLY LOCATED AT 242 57TH AVENUE N.E. (WARD 3): Mr. Burns, City Manager, explained that this would extend the time allowed for the implementation of the special use permit and variance that were passed last FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8 1999 PAGE 3 year to accommodate the construction of the Holiday StationStore and Care Wash at the Holiday properties on 57th Avenue. Construction was expected to begin in April. APPROVED ExI'ENSION OF SPECIAL USE PERMIT, SP #98-01, AND VARIANCE REQUEST, VAR #98-03 BY HOLIDAY COMPANIES TO CONSTRUCT A NEW HOLIDAY STATIONSTORE, GENERALLY LOCATED AT 242 57TH AVENUE N.E. 5. APPROVE FLOOD HA7�ARD MITIGATION GRANT AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that this giant authoilzes the Department of Natural Resources to contxlbute one-half of the cost for acquisition of three flood- prone properties in the Rivexview Heights area. The three properties are located near the intersection of 79th Way and Riverview TeY�ace. The grant was for an amount up to $149,999. APPROVED FLOOD HAZARD MITIGATION GRANT AGREEMENT BEZ'WEEN THE STATE OF MINNESOTA AND THE CITY OF FRIDLEY. 6. RECEIVE PROPOSALS AND AWARD CONTR.ACT FOR THE PURCHASE OF A 2-1/2 YARD ALL-WHEEL DRIVE ARTICULATING LOADER: Mr. Burns, City Manager, noted that the City received two proposals. Staff recommended that Council award the bid to RDO Equipment of Burnsville, Minnesota. The cost for a new John Deere loader that meets the City's specifications is $85,093.50. This pilce was a net price after trade-in of the 1984 John Deere loader. In addition, staff also recommended the purchase of an extended wax7anty at a cost of $2,028.25. 1VIi. Burns noted that this amount compares with $132,000 that was budgeted for the loader.. RECEIVED PROPOSALS AND AWARDED CONTRACT FOR THE PURCHASE OF A 2-1/2 YARD ALL-WHEEL DRIVE ARTICULATING LOADER TO RDO EQUIPMENT AND AN F�TENDED WARRANTY FOR A TOTAL COST OF $87,121.75. 7. APPROVE CHANGE ORDER NO. 3 TO 57TH AVENUE PROJECT NO. ST. 1997-4: Mr. Burns, City Manager, explained that this change order included a credit and an additaonal charge. The credit amounts to $1,386 associated with the installation of smaller Amur Maples than specified. The charge was in the FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8. 1999 _ PAGE 4 amount of $8,798.68 and was for remobilization costs associated with delayed access to the Hardee's and Cattle Company propei�ties. The net cost of the change order was $7,412.68 and was payable to Forest Lake Contracting. APPROVED CHANGE ORDER NO. 3 TO 57TH AVENUE PROJECT NO. ST. 1997-4. 8. MOTION AUTHORIZING THE CITY MANAGER TO ENTER INTO NEGOTIATIONS WITH E T C FOR THE PURCHA.SE OF EQUIPMENT AND FURNISHINGS, INCLUDING, BUT NOT LIMITED TO, THE STUDIO CUftTAIN: N1r. Buins, City Manager, explained that after conducting the inventory of the public access studio, staff identified several items belonging to E.T.C. that could be integral to providing public access services. At this time, a detexmination had not been made as to what furnishings and/or equipment would be needed. However, staff would like to obtain authoxlty to negotiate pizces on items that may be essential for the future operation of the City's public access studio. AUTHORIZED THE CITY MANAGER TO ENTER INTO NEGOTIATIONS WITH E.T.C. FOR THE PURCHASE OF EQUIPMENT AND FURNISHINGS, INCLUDING, BUT NOT LIMITED TO THE STUDIO CURTAIN. 9. APPOINTMENTS: CITY EMPLOYEES: Mr. Burns, City Manager, explained that after conducting a testing process with five other cities, staff naiTOwed down a list of 210 police off`icer candidates to 31 Fildley candidates; nine of these were certified as eligible for consideration, three of which were chosen as finalists. Since detern�n�ng the three finalists, however, it was learned that one of the three accepted a job with another city. Therefore, staff recommended the appointment of two police officers. The two candidates are Gerald William Kremer and Theresa Lois Edel. Mr. Kremer has been employed by the City as a Community Service O�cer since 1993 and cux7ently seYVes as CSO Coordinator. He has an Associate of Arts Degree from North Hennepin Community College and has completed the Law Enforcement Skills Course from the Minneapolis Community College. Ms. Edel is cui�rently employed as corrections o�cer for the Hennepin Adult Corrections Unit. She served an apprenticeship with the Hennepin County Sheriffs O�ce Crime Lab fiom 199G to 1997. Ms. Edel has an Associate of Ai�ts FRIDLEY CITY COUNCIL MEET�NG OF FEBRUARY 8.1999 PAGE 5 Degree from the Minneapolis Community College and has completed the Law Enforcement Skills Course fiom the Minneapolis Community College. APPROVED THE APPOINTMENTS OF GERALD WILLIAM KREMER AND THERESA LOIS EDEL TO THE POSITIONS OF PATROL OFFICER AS RECOMMENDED BY STAFF. 10. CLAIMS: APPROVED PAYMENT OF CLAIlVI NOS. 85258 THROUGH 85487. 11. LICENSES: APPROVED LICENSES AS SUBNIITTED. 12. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Dz1ve St. Paul, MN 55110 Services Rendered as City Attorney For the Month of Januaxy 1999 $ 5,000.00 Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 County Road 102 (57th Avenue) Reconstruction Project No. ST 1997-4 Estimate No. 6 $44.583.40 MOTION by Councilmember Billings to approve the consent agenda as presented. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF.FEBRUARY 8, 1999 PAGE 6 ADOPTION OF AGENDA: MOTION by Councilmember Baxnette to approve the adoption of the agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mayor Jorgenson noted that this was time set aside for visitors and residents to address Council on items which were not on the agenda. There were no questions or comments fiom the public. PUBLIC HEARINGS: 13. LOCAL LAW ENFORCEMENT BLOCK GRANT: MOTION by Councilmember Billings to open the public hearing at 7:40 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OFFICIALLY OPENED AT 7:40 P.M. Mr. Burns, City Manager, explained that Fildley was selected to receive Local Law Enforcement Block Grant funds in the amount of $23,331. The money would be used in combination with a local match of up to $2,592 for the purchase of police equipment including a portable projection unit and screen, a digital camera, printer, accessories and software, a combat cui�tain for the gun range, a notebook computer for a squad, a python radar gun, tape recorders, speed spikes and squad room modifications. The proposed expenditures have been reviewed and approved by the Neighborhood Ci1me Watch Advisory Board. He noted that this meeting would provide the public with an oppor�tunity for input as required under the terms of the grant agreement. No Council action was necessary. There were no questions or comments fiom the public. MOTION by Councilmember Billings to close the public hearing at 7:45 p.m. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8. 1999 PAGE 7 UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED. 14. 1999 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: MOTION by Councilmember Billings to open the public hearing at 7:46 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT ?:46 P.M. 1VIY. Grant Fernelius, HRA Housing Coordinator, stated that the first step in the application pracess for Community Development Block Grant funds was to conduct a public hear�ng to review the projects proposed for funding. CDBG funds are provided by the Department of Housing and Urban Development and awarded to Anoka County directly, who in tuxn allocates a portion of the funds to each City. The funds must be used to benefit low and moderate income residents, help prevent slum and neighborhood blight or to meet other urgent community needs when no other resources are available. In 1999, the City expects to receive approximately $145,005 in CDBG funds. The funding cycle runs from July 1, 1999 to December 31, 2000. Mr. Fernelius eXplained that this year staff was proposing to use the funds for single family rehabilitation ($112,005), code enforcement ($10,000) and public seivices ($22,000). The County will receive $1,000 in administrative fees. The $22,000 in public service funds would be allocated to the following entities: ACCAP (Sr. Outreach Program) $8,500 Alexandxa House (Shelter) $3,000 SACA (food shel.f) $2,000 Fxldley Recreation Program (tuition reimbursement) $4,000 Fridley Senior Center $4,000 Ms. Mary Schoelch, Alexandra House, was present and thanked Council for their financial suppoi�t in past years. She provided Council with a review of the seivices that are funded with CDBG funds. Councilmember Barnette asked if any men avail themselves to the services offered at the Alexandra House. Ms. Schoelch noted that men could not receive seivices at the Alexandra House, as it is a women's shelter. However, Alexandra House would serve as a link to seivices which are available and would offer to assist in that capacity. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8 1999 PAGE 8 Jan Jolly, SACA House, was present. She provided infoYmation with regazd to their organization, noting that they sexved over 1,300 families fiom the City of Fridley in 1998. Not only do they provide a food shelf, but they are also involved in other drives such as the School Supply Drive which is conducted in the fall. She also thanked Council for suppox�t in past years. Ms. Colleen Coyle, Senior Outreach Worker for Anoka County, stated that their organization helps to secure services for seniors to enable them to remain independent. In 1998, over 150 clients were served, approximately 425 referrals were made to over 70 di.fferent agencies. This was an 18 percent increase over 1997. She also thanked Council for their past financial support. Mayor Jorgenson asked if Ms. Coyle was aware of the housing programs that were available through the City for lower income residents. Ms. Coyle stated that she was aware and that she has worked with 1VIi. Fernelius in the past. , Councilmember Barnette asked 1VIi. Fernelius how many agencies weie denied assistance this year due to limited funding. Mr. Fernelius noted that staff did not solicit additional proposals this year. Therefore, he was not aware that any agencies were turned down. In the past, when staff' advertised for request for proposals, perhaps six agencies were denied funding. Mr. Burns, City Manager, noted that he received at least one additional inquuy as did Ms. Dacy. With no fux�thex• questions or comments, there was a MOTION by Councilmember Bolkcom to close the public heaxzng at 7:58 p.m. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED. NEW BUSINESS: 15. RESOLUTION NO. 17-1999. APPROVING AND ADOPTING THE 1999 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: MOTION by Councilmember Barnette to approve Resolution No. 17-1999, approving and adopting the 1999 Community Development Block Grant Program. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 1999 PAGE 9 16. INFORMAL STATUS REPORTS: Councilmember Bolkcom reminded residents of the meeting of the 50th Anniversary Task Force on Thursday, Februaiy 11, 1999 at 5:30 p.m. Councilmember Ba�.nette noted that up-to-date class lists are still being sought for the All Class Reunion at Fxldley High School which is scheduled for June 20, 1999. Grant Fernelius noted that the Remodeling Fair will be held on Saturday, February 27, 1999 at the Mounds View Community Center from 9:00 a.m. to 3:00 p.m. This year, Fildley joined forces with the cities of Mounds View, Blaine and New Brighton for one remodeling fair. Eight workshops will be held throughout the day on vailous home improvement interests. At the fau the new Rambler Remodeling Handbook will be unveiled. He encouraged all to attend. ADJOURN: MOTION by Councilmember Bainette to adjourn the meeting at 8:05 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:05 P.M. Respectfu]ly submitted, Tamara D. Saefke Nancy J. Jorgenson Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING, FEBRUARY 3, 1999 CALL TO ORDER: Vice-Chairperson Kondrick called the February 3, 1999, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Dave Kondrick, LeRoy Oquist, Dean Saba, Brad Sielaff, Connie Modig Members Absent: Diane Savage, Larry Kuechle Others Present: Barb Dacy, Community Development Director APPROVAL OF JANUARY 6. 1999. PLANNING COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Sielaff, to approve the January 6, 1998, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. REVIEW ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) FRIDLEY LAKE POINTE CENTER: Ms. Dacy stated the Alternative Urban Areawide Review (AUAR) submission is by Medtronic, Inc., at the Fridley Lake Pointe Center at the northwest corner of Highway 65 and I-694. An AUAR in an alternative form of an environmental analysis that is established under State law and works well, in this case where a multi-phase type of project is proposed where the timing may not be absolutely certain at this point in time or where there is some question as to the exact type of uses that will be on the property. This analysis does have the same amount of analysis as an environment assessment worksheet or an environmental impact statement. Ms. Dacy stated State law requires that the City look at the worse case scenarios or, in this case, the most intense of development that may occur on the property. State law does require that, after comments are received on this draft, the City analyze those comments and publish a final AUAR document and mitigation plan to address the impacts pointed out in the document itself or by a responding agency. The law requires that the City distribute the AUAR draft to agencies such as the Department of Transportation, Department of Natural Resources, Rice Creek Watershed, and Minnesota Pollution Control Agency. The Metropolitan Council will also review this document. It is also available for the public at the Fridley Municipal Center, the Fridley library, and at some libraries in the metro area. People have until February 10 to make a comment on the draft AUAR. After the deadline on February 10, the City looks at the comments, reviews the draft AUAR, decides how to address the comments #hat have been made, and then publishes a final AUAR and mitigation plan. The tentative date for adoption of these documents would be April 12. 1.01 PLANNING COMMISSION MEETING FEBRUARY 3 1999 PAGE 2 Ms. Dacy stated Medtronic has requested the flexibility to develop up to 1.6 million square feet of office on this site. The AUAR looks at that development in terms of four phases of constn.iction of about 400,000 square feet each. There may be a number of buildings of the site, and Medtronic is requesting to go up to 10 stories in height. Parking ramps are proposed which is much the same as the original two proposals on this property. There will be a five-level ramp proposed in each of the areas of the site. It is proposed that three of the levels would be above grade and two below grade. Ms. Dacy stated different from what exists on the property today is a slightly different public street connection to 7th Street at the northwest corner of the site as opposed to where Lake Pointe Drive intersects 7th Street right now at the southwest corner. Medtronic is suggesting the removal of Lake Pointe Drive in that particular area and creating an east-west road from the 7th Street right-of-way on the west side of the development over to Lake Pointe Drive on the east part of the site. Ms. Dacy stated the AUAR is also required to look at impacts as a result of this development. After 800,000 square feet of development occurs on the site and in conjunction with the typical background growth in traffic that will occur over time, the tra�c analysis is suggesting that in the year 2005 to 2007 the level of service at the Highway 65 and Lake Pointe Drive intersection will drop down to a level of service F. This means a longer wait at the stop light at peak hours or between 4 p.m. and 5 p.m. The primary reason for the congestion is that there is so much north/southbound through traffic that there is not enough lane capacity to accommodate the additional background growth plus the growth from the development. There is a potential alternative of adding an additional northbound lane on Highway 65 across Moore Lake and the possibility of using the existing shoulders as an interim approach to creating additional capacity on Highway 65. This alternative is under review, and the City would likely get comments from MnDOT on that idea. Ms. Dacy stated another impact, although less intense, is that the traffic study identified there might be a free right turn required as you go northbound from 57th Avenue onto University. The need for that is not until approximately 2010. By that time, the City would have a better feel for the traffic impacts on the roadway systems. Ms. Dacy stated there is a sewer line capacity issue after 400,000 square feet of development. Either an additional sewer line needs to be installed along the 57thRth Avenue right-of-way or a bigger line should replace the line that is there now. Ms. Dacy stated that in terms of traffic impacts, the AUAR suggests that the 7th Avenue intersection at 57th Avenue have certain striping characteristics to create a left tum lane onto westbound 57th and also a striped right tum lane to turn right onto 7th Avenue southbound. Ms. Dacy stated the Environmental Quality & Energy Commission (EQE) reviewed the AUAR on January 19. At this meeting, staff is asking the Planning Commission for any comments they would like to have the City Council address as part of the comment period prior to completion of the final draft. She distributed copies of a memo from SRF Consulting Group on behalf of Medtronic to respond to the EQE comments. 1.02 PLANNING COMMISSION MEETING� FEBRUARY 3, 1999 PAGE 3 Ms. Dacy reviewed the responses. First, the EQE was very concerned about the impact to Moore Lake as a result of the development, specifically the impact to the quality of water. The storm ponds that are proposed will have to meet Rice Creek Watershed, MPCA and the EPA guidelines. These guidelines are established to help reduce suspended solids and pollutants, the total amount of phosphorous, total nitrogen and total lead. Based on comments from their engineers, the ponds will exceed the size requirements. This was done to provide the maximum amount of treatment possible. They will design the ponds to have traps for floatable pollutants. The impervious parking areas are reduced by the construction of the parking ramps. Because finro stories are underground, the building code will require that the run-off be discharged to the sanitary sewer. That is a tremendous savings in terms of storm treatment of surface water. There will be a series of filtration systems, either swales or other ponds, that are proposed to be incorporated into the plan. These will be included on the master plan. The AUAR documents need to be changed to reflect these recent master plan changes. The consultants are stating the amount of maintained tu�f will be reduced to half. Theoretically, that means a lesser amount of treatment by fertilizers, etc. Ms. Dacy stated the EQE was concerned about adequate capacity for water usage by the building development. The engineers have verified that there is adequate capacity to serve a development of this size. The code requires water conservation fixtures in buildings, and they will have to conform with those requirements. She did not know if any of their processing requires a lot of water for treatment. The water usage would mostly be by employees and for the lunchroom areas. Mr. Oquist asked if Medtronic could put in its own well. Ms. Dacy stated, no, the City would not permit that. Ms. Dacy stated the EQE suggested a transportation demand management (TDM) approach to minimize the amount of traffic to the area. At the suggestion of the consultant, staff talked to St. Louis Park staff who has an ordinance for the I-394 and Highway 100 area. They require a traffic management plan for owners of properties and tenants when certain conditions occur on the roadways. If the level of congestion on the roadway exceeds a certain amount and their property is development beyond a certain threshold, then the owner is required to submit a traffic plan. The Citiy does not dictate what is in the plan. The plan is to be devised by the owners of the property. Ms. Dacy stated the measures that the ordinance suggests are similar to what the AUAR is discussing such as flexible amval and departure times, working with the bus system to incorporate a direct type of bus service to the site, etc. Medtronic is beginning to evaluate a shuttle service between their existing campuses. Medtronic has advised staff that they are encouraging their staff to use bikes or to walk between facilities. They are encouraging biking between the facilities in Columbia Heights and at Rice Creek. The City just finished the bike trail on the east side of Highway 65 along old Central so that link is in place. Another TDM technique is to provide preferred parking spaces in the ramps for those who car pool. Ms. Dacy stated the EQE made a general statement about the impact to Moore Lake if additional lanes to Highway 65 are constructed. The current method of construction under investigation is a sheet pile wall that would be constructed on either side of the 1.03 PLANNING COMMISSION MEETING FEBRUARY 3 1999 PAGE 4 edge of the existing roadway. The HRA will be evaluating a contract for soil borings along the embankment some time this month so they would know the suitability of the soil to support that type of construction. The EQE is concerned that there be no filling of Moore Lake. Ms. Savage contacted staff to emphasize her concern about that as well. Ms. Dacy stated the EQE questioned if the recent Highway 610 construction would affect the project based on traffic patterns for employees to the proposed site. That would probably not have a significant impact. The consultants are suggesting that 60% of the traffic will enter the site from the east entrance and 40% at the west entrance of the site. Mr. Oquist asked Ms. Dacy to explain sheet pile construction. Ms. Dacy stated it is a method to hold the fill so that you don't have to go into the lake bed to create the pilings and support for the additional width for the lanes. What is needed is an additional 12 feet. Staff has met with the DNR and Rice Creek on that. The DNR said if you can remain above the ordinary high elevation, it does not require a permit. Rice Creek, however, will require that the run-off from the road be sent to some type of a treatment pond. In this case, this would be an improvement because run-off now goes directly into lake. There may be an advantage to have the project done. They would have to find a site to treat the run-off. Mr. Kondrick asked if the highway would be widened on both sides. Ms. Dacy stated the traffic analysis showed that the major requirement would be for the northbound side. MnDOT stated they may want that for the southbound lane as well. However, the level of service F really only happens in the afternoon peak hour. MnDOT is trying to improve the overall operation of Highway 65 but there are no state funds that are allocated to Highway 65 for lane expansion, widening, or improvement. Mr. Saba asked if the bikeway connection to the Columbia Heights facility would be on 7th Avenue or be taken off road or improved. Ms. Dacy stated that right now, it is just an on street path and they would continue to encourage the on-street use. They would create an off-street path in conjunction with their parkway approach along the north side of the development all the way to Highway 65. There is no proposed improvement to the 7th Avenue bike path but they want to make sure employees can connect to the system. Mr. Saba asked if any thought has been given to a pedestrian walkway across Highway 65. Ms. Dacy stated, no. The expanse of an overpass takes a good amount of distance, especially for the accessibility guidelines. She did not know if there was enough room other than to provide an elevator. Everything to this point has been discussed at grade. Mr. Kondrick asked if a tunnel under Highway 65 had been considered as an alternative. Ms. Dacy stated she did not know if this would work with the elevations in that area. 1.04 PLANNING COMMISSION MEETING, FEBRUARY 3 1999 PAGE 5 Ms. Modig asked if they were talking about 12 feet on both sides or 12 feet total. Ms. Dacy stated they are talking about 12 feet on both sides. That is the standard lane width. Mr. Sielaff asked if there would be any monitoring of Moore Lake for water quality. Ms. Dacy stated she did not know if the DNR does a regular check for water quality or if the Rice Creek Watershed District is the better agency to conduct that. Mr. Sielaff stated that while he understands the comments about phosphorous, etc., it does not address the issue of soluble nitrogen, phosphorous, etc., that will get into the lake. Also, run-off in the springtime contains a lot of salt. What is the best way to monitor that? Storm water will go into a retention basin. Is there any managed way to get rid of storm water? Mr. Oquist asked where the storm water is going to come from that is not there today. Ms. Dacy stated right now half of the property drains to the east and half to the west. The east half is under the jurisdiction of Rice Creek. In order to meet Rice Creek's standards, they have to create a pond. The pond size exceeds the requirements. They want to use it as an amenity. It will flow into Moore Lake. Mr. Oquist asked if anyone monitors the lake today. Ms. Dacy stated she has gone through the files. The DNR does stock the lake with fish on a regular basis. She has not seen any reports, but she will check to see who does that. Mr. Kondrick stated he would like to know the frequency of the monitoring and keep track of the changes. . , Mr. Oquist stated it is important to know what it is today so they have a benchmark and don't make it any worse. Mr. Sielaff stated one of the discussions by the EQE was the use of lawn chemicals. One of the comments was that this is going to be a corporate headquarter so they want to keep the lawns lush. They discussed how much and what types of chemicals are to be applied. Ms. Dacy stated she brought that to the attention of the company, and they will address that issue. Mr. Sielaff stated that regarding the water usage, they were not sure whether 60,000 gallons per day were accurate. It could be more. Again, it comes down to the issue of how much watering they will be doing. He did not know if the storm water retention basins would provide that much water. They will want to maintain a certain amount of water for aesthetic purposes so he did not think they would use that for watering the lawn. 1.05 PLANNING COMMISSION MEETING FEBRUARY 3 1999 PAGE 6 Mr. Kondrick stated he was sure that the engineering staff had taken that into consideration. Ms. Modig asked what was going to be put in the area designated Light Industrial. Ms. Dacy stated a lot of the uses appear to be similar to what Medtronic now has on its existing campus. It may be a laboratory testing area or a manufacturing area where they assemble products. Based on what she knows now, that is the best description she can provide. Mr. Oquist asked who will be responsible for the hotel and restaurant. Ms. Dacy stated that since the publication of the AUAR, the company is not going to propose a hotel or restaurant on the site. On the AUAR, they tried to consider all the possibilities and tried to test for it in terms of environmental impacts. To a certain extent, the traffic from a hotel and a restaurant would occur throughout the day but there is also a different set of impacts along with that. Mr. Kondrick asked if there is a possibility that property could be sold to another hotelier. Ms. Dacy stated that based on the information given to the City, the company is concerned about that. They want site control, and they don't see that as an option. Mr. Oquist stated the pond area proposed is where the restaurant and hotel were proposed. There is no room for it there. Mr. Oquist asked that if this does not go through and someone wants to build there, do we have to go through this again? Ms. Dacy stated that depends on the nature of the development proposed. If similar, she thought they could use this analysis. Mr. Saba suggested that Medtronic incorporate some of the design ideas atready used by the City such as the decorative fences at entrance points to the development. 2. REVIEW RESULTS OF VISION SURVEY Ms. Dacy stated she wanted to review the results of the survey conducted last fall. They wanted to see from the community at large what their level of agreement was with the outcome of the vision meetings that the City conducted in May and June. They put an insert in the Fridl�y Focus and did a direct mailing to the business community. They received comments from mid-October through December. Approximately 10,000 surveys were printed. The City received 146 responses. They wanted to spread the word about the vision process and let people know about the outcome of the meetings. By doing this, they are completing the community-wide input into the Comprehensive Plan process. Ms. Dacy stated the survey asked if residents agreed with the 14 characteristics that were identified by the vision meeting participants as "vital" characteristics and important to the future of Fridley. Three-fourths of the respondents agreed. Some disagreed, and there were a variety of comments without a consistent theme or characteristic. Almost every respondent agreed with question #3 that the most important characteristic was. safe 1.06 PLANNING COMMISSION MEETING FEBRUARY 3 1999 PAGE 7 neighborhoods and community; second was high quality education; third was to expand and maintain housing stock; and fourth to upgrade image. The remaining characteristics had an almost even response rate, but these four came up on almost every survey. Ms. Dacy stated there was disagreement on what should be done about these things. Less than half of the respondents agreed with the action steps included in the survey. One third did not agree at all. In general, there wasstrong agreement on updating and improving the City's image or improving the properties in the community. This was identified as an impo�tant thing to do, within the next five years. There was also a strong concern about the quality child care issue. Because this was listed as an action step, people interpreted that it was a govemment function. During the vision meetings, the comment was that we want to make sure that there is child care provided for those that need it. � Ms. Dacy stated there was strong suppo�t for improving trails and bikeways. There were mixed opinions about the necessity of ramps and overpasses. One side said ramps and overpasses are needed to make connections; the other side said they are ugly and no one has the opportunity to use them. Ms. Dacy stated that, in general, she was impressed with the number of comments about better public transportation or transit and to move that up in the time frame. The community is dependent on the automobile, that we need east/west connections, and we need to improve senrice. There were a few comments about light rail. Mr. Oquist stated there is a common thread in the comments to maintain, improve, and upgrade housing. Ms. Dacy stated that if the City Council was polled, she thought they would say that is what they are trying to do through systematic code enforcement and with the housing programs. That was listed in the 5-10 year box and that should be in the 0-5 year box. Ms. Dacy stated that, in general, she thought they received some positive comments about the process. They did receive"thank you's" and "good jobs". On the other hand, some said the survey might be a little biased. The positive outweighed the negative. As you can tell by the specific issues, there were a variety of comments on a number of issues. No action is required. This is pa�t of the process to develop the basic information for the Comprehensive Plan. The consultant is hoping to get drafts out to the advisory commissions as early as April. Mr. Oquist stated those residents who did respond had good comments. Mr. Sielaff asked about the schedule for the plan. Ms. Dacy stated the consultant is in the process of putting this together. They had originally developed a schedule by chapter that they would start with land use and the housing elements first. Those are the ones that require the most time and attention and have the most issues associated with them. Then, the other chapters will be done. She thought those would be the issues presented in March. She thought the Medtronic proposal would be discussed at the March 17 meeting. She will try to get something together as early as March 3. If not, it may have to wait until April. The City received a six-month extension from the Metropolitan Council. 1.07 PLANNING COMMISSION MEETING. FEBRUARY 3, 1999 PAGE 8 3. RECEIVE THE MINUTES OF THE DECEMBER 7. 1998. PARKS AND RECREATION COMMISSION MEETING: MOTI N by Mr. Oquist, seconded by Ms. Modig, to receive the minutes of the December 7, 1998, Parks and Recreation Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RE�EIVE THE MINUTES OF THE DECEMBER 23. 1998. APPEALS COMMISSION MEETING: MOTI N by Mr. Sielaff, seconded by Ms. Modig, to receive the minutes of the December 23, 1998, Appeals Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE JANUARY 13. 1999. APPEALS COMMISSION MEETING: MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the minutes of the January 13, 1999, Appeals Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE DECEMBER 15. 1998. ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the minutes of the December 15, 1998, Environmental Quality & Energy Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE JANUARY 7. 1999. HOUSING AND � REDEVELOPMENT AUTHORITY MEETING: M T N by Mr. Oquist, seconded by Mr. Saba, to receive the minutes of the January 7, 1999, Housing and Redevelopment Authority meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1.08 PLANNING COMMISSION MEETING FEBRUARY 3 1999 PAGE 9 OTHER BUSINESS: Mr. Saba stated he wouid like to have the staff provide a report and/or an update on the City efforts to address the Y2K issue. There is a lot of concem in cities from citizens on what is going to happen. Does the City have an emergency plan in place? He would like to know if the City has a plan. Ms. Dacy stated the City has had a Y2K analysis. The League has required communities to do a reporting system to them the first of this year to make sure the issues are addressed. The City has an inventory of each department. Staff can make a presentation. Mr. Saba stated this also reaches the County. He did not know what the County is doing. Ms. Dacy stated staff is doing analysis and is preparing. She can get those details. She will also check for a report at the County level. Mr. Saba stated he would also be interested to know of there are contingency plans. ADJOURNMENT MOTION by Mr. Sielaff, seconded by Mr. Oquist, to adjoum the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE FEBRUARY 3, 1999, PLANNING COMMISSION MEETING ADJOURNED AT 8:23 P.M. RespectFully submitted, y � •�L �` G� E. C `- � �_ �.�� --' avonn Cooper ;��,, Recording Secretary 1.09 MEMORANDUM DEVELOPMENT DIRECTOR Date: February 18; 1999 To: William Burns, City Manager �� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Julie Jones, Planning Assistant/Recycling Coordinator Subject: 1999-2002 Curbside Recycling Contract with BFI Background: On January 25, 1999, the Fridley City Council accepted a curbside recycling proposal from BFI Waste Systems and directed staff to negotiate a three-year contract under the terms specified in the RFP. Staff has met with representatives of BFI and has reached agreement on the terms specified in the RFP. Only finro minor wording changes were requested by BFI's attorneys, and our City Attorney has reviewed and approved of those changes. A summary of key parts of the contract is attached for your review. Recommendation: Staff recommends that the City C�uncil approve the attached three-year contract for curbside recycling services with BFI. M-99-41 2.01 1999-2002 BFI Contract Summary Key Contract Components/Additions • This contract includes service to all City buildings. This was necessary due to the Recycling Center closing, because many locations were hauling materials to the Fridley Recycling Center. • Contractor personnel requirements are stricter than in past, requiring supervision of drivers. � • Contractor is now not only required to provide an informational brochure for single family homes but also one for the apartments. • Contract requires removal, disposal of, and replacemenf of all multi-unit recycling carts in the multi-unit service. • Contractor will be collecting recyclables at 5-12 unit apartment buildings according to a two-sort system and curbside set-outs according to a three-sort system. • Collections are still weekly curbside and every other week for carts. • Route collection days remain unchanged from current system. • Penalties remain the same as in prior contracts. • Term of the contract runs from April 1, 1999 through March 31, 2002. • Performance Bond requirement was maintained at an amount to equal approximately finro months of service. Contract Cost • Rates are $2.08 single family and $1.40 multi-family, which equals an annual cost for 1999 of $210,642, when combined with the current contract price through April 1. This amount is $41,180 underthe 1999 budgeted amount of $251,822. Z.�2 AGREEMENT FOR CURBSIDE RECYCLING SERVICES This Agreement is made on day of , 1999, befinreen the City of Fridley, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter called the "City", and the Contractor, BFI Waste Systems of North America, Incorporated, a Delaware corporation duly authorized to do business in the State of Minnesota, herein called "the Contractor". WHEREAS, the Contractor is in the business of collecting recyclables. WHEREAS, the City desires the Contractor to pick up recyclables throughout the City's municipal limits in accordance with the terms of this Agreement. NOW, THEREFORE, the parties, intending to be legally bound, agree as follows: 1. Contractor/City Requirements. This Agreement defines the requirements of the City of Fridley's Curbside Recycling Program to all Certified Residential Dwelling Units (1-4 units) and Multi-Unit Dwelling Units (5-12 units). The City has identified 7,680 Residential Dwelling Units, defined as 1-4 unit buildings. The City has identified 910 Multi-Unit Dwellings, defined as 5-12 unit buildings. The City will re-certify these numbers in July and December each year or whenever there is a change greater than 20 units. These units will be serviced as specified herein. Additional Residential and/or Multi-Unit Dwellings may be certified by the City for service under this Agreement. The Contractor shall also provide weekly collection services to the Fridley Municipal Center, Springbrook Nature Center, Public Works Garage, and the Fridley Community Education Center. 2. Compensation to Contractor. The City agrees to pay Contractor for services specified herein. 3. Method of PaYment. The Contractor shall submit itemized bills as specified in Exhibit A to the City on a monthly basis. Bills so submitted shall be paid within thirty (30) days of receipt by City. 4. Dis�osal of Recyclables. The Contractor shall use its best efforts to assure that all recyclables collected in the City are not placed in landfills or incinerated and are distributed to the appropriate markets for reuse. If any recyclables are landfilled or incinerated, the Contractor shall report that fact within 24 hours of the occurrence. Notification will include the types and amounts of material landfilled or incinerated and the steps being taken by the Contractor to avoid future landfill or incineration. Contractor shall at all times be under a duty to minimize recyclables ending up in landfills or incineration, and, in consultation with the City, at all times attempt to find the least costly method of disposal. The Contractor will not be required to notify the City regarding contamination levels within the allowable State limits for Material Recovery Facilities. 2.03 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES If the Contractor determines that there is no market for a particular recyclable, or that the market is economically unfeasible, it shall immediately give written notice to the City. Said notice shall include information concerning the efforts made by the Contractor to find market sources, and financial information justifying the conclusion that the market is economically unfeasible. Upon receipt of said notice, the Contractor and'the City shall have 30 days to attempt to find a feasible market. During said 30 days, the Contractor shall continue to pick up the particular recyclable and shall be responsible for a transfer and disposal costs. If the Contractor or the City is not successful in finding a feasible market within 30 days, the City has the option to: (1) Require the Contractor to continue to collect the particular recyclable. tn such case, the City would pay the Contractor, as additional compensation, the tipping fee at the Elk River RDF plant or a mutually agreeable alternative site. The Contractor is required to keep accurate records of said fees and provide the City with evidence of total payments. (2) Notify the Contractor to cease collecting the particular recyclable until a feasible market is located, either by the Contractor or by the City. If the City notifies the Contractor to cease collecting a particular recyclable, the parties shall immediately meet to re-negotiate the fee payable to the Contractor. In the event that the parties disagree on the question of whether there is a market for a particular recyclable or whether the market is economically feasible, the disagreement shall be submitted to non-binding arbitration. In this case, each party shall name an arbitrator, and the finro shall select a third person to serve as the chairperson of the arbitration panel. The arbitration panel shall meet and decide said question within 30 days of their appointment. 5. Collection Vehicle Equipment Requirements. Each recycling collection vehicle shall be licensed, equipped and maintained according to Section 113.15 of City ordinance. 6. Personnel Requirements. The Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. The Contractor will provide a Route Supervisor to oversee the recycling route drivers servicing the City. The Route supervisor will be available to address customer complaints by cell phone or voice mail at minimum four hours per day. 2.04 Page 2 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES Contractor's personnel shall: a. Conduct themselves at all times in a courteous manner with the general public. b. Make a concerted effort appearance and attitude. to have at all times a presentable c. Perform their work in a neat and quiet manner, clean up all recyclables spilled in collection and hauling operations. d. Avoid damage to property. e. Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. f. Handle containers by picking them up, emptying their contents into the collection vehicle, and place, not throw, the container back in its original location. 7. Publicity. Promotion, and Education. The Contractor shall pay for an annual curbside recycling program brochure for distribution to all certified residential dwelling units. The City and Contractor staff will develop the brochure. The Contractor shall provide and pay for the design and printing of 10,000 copies of the brochure. The brochure design shall be subject to final approval by the City. The City shall be responsible fo� the cost of mailing the brochure to all certified residential dwelling units. The Contractor will also be required to provide annually a one-page flyer proof and a collection calendar for the City to copy and distribute to the owners of the MDUs. 8. Weighing of Loads and Reporting Reauirements. The Contractor will keep accurate records consisting of an approved monthly report with the date, collection route, vehicle number, net weight, number of recycling stops for each loaded vehicle, and the markets generally used for the sale of recyclables. An original of each weight ticket shall be kept on file by the Contractor for the City's review if necessary. Contractor shall provide a monthly report to the City on total number of stops, participation rates, total tons collected, and a fair estimate of the percentage of the total that each material type represents. Monthly reports shall be provided by the fifteenth day of the following month. 9. Provision of Recycling Containers. The City will provide containers to all residential dwelling units. The City currently owns 90 gallon containers for all multi-unit dwellings and the municipal center. The City shall be responsible for the replacement costs of all single-family containers. Contractor will deliver replacement RDU containers upon request if a resident is unable to pick up one at the Municipal Center. By April 5, 1999, existing MDU 90-gallon term of this agreement, the Contractor will have removed, disposed of, and replaced all recycling collection carts at all certified MDUs. Throughout the the Contractor will also be required to replace any MDU carts 2.�5 Page 3 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES that are rendered defective, and add or replace carts at certified MDUs as requested by the City. 10. Ownership. The owner of the property upon which the recyclables have been placed for collection shall retain ownership of the recyclables until the Contractor's personnel determines the recyclables are acceptable for collection and physically places the recyclables in the collection vehicle, at which time ownership shall transfer to Contractor. 11. Acceatable Recyclables. Acceptable materials include: sorted newsprint and Sunday newspaper advertisement inserts; commingled glass, metal and plastic containers, including: glass food and beverage containers, aluminum and steel cans, and plastic bottles; and sorted mixed paper, including: mixed mail, magazines and catalogs, boxboard (cereal, chip, cracker and cake boxes), telephone books, and corrugated cardboard. Other materials may be added upon mutual agreement between the City and the Contractor. 12. Pre�aration. The Contractor shall collect recyclables which have been prepared according to the directions detailed in informational brochures developed by the Contractor shown in Exhibit B. Preparation standards for other materials will be determined by mutual written agreement between the City and the Contractor. 13. Procedure for Unacceptable Recvclables. If the Contractor determines that materials set out for collection have not been prepared in accordance with the specifications contained in Exhibit B, they are unacceptable. The Contractor shall implement the following procedures: Residential Dwelling Units: a) The Contractor shall leave the unacceptable recyclables and place "education tag" indicating that the materials were unacceptable and the proper method of preparation. b) The driver shall record the address and the Contractor shall maintain records that will be made available to the City upon request regarding addresses where educational tags were issued on a given collection day(s) c) The City Recycling Coordinator will undertake efforts to educate the resident or owner regarding proper materials preparation. 2.�6 Page 4 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES Multi-Unit Dweilings: The Contractor wili not collect unacceptabie materiai. The Contractor will leave a tag indicating the reason the material is unacceptable. The Contractor shall notify the City's Recycling Coordinator by phone that the material was left and the reason that the materia/ was unacceptab/e. Upon the fourth incident of unacceptable materials at the same location in twelve months the Contractor has the option of discontinuing service to the same address. Should the Contractor wish to discontinue service the Contractor shall notify the City within five days of this determination. The City will adjust its monthly payments to the contractor accordingly. The City will notify the building owner or manager in writing that service has been discontinued. 14. Collection Point. a. Residential Dwelling Units: Residents shall be required to place containers at the curbside by 7:00 a.m. on the designated collection day. The Contractor shall empty all acceptable materials from container and any acceptable materials that are placed adjacent to container, and shall replace container at curbside. b. Multi-Unit Dwellings: Containers shall not be located inside the building, but shall be located inside/adjacent to waste dumpster enclosures at all certified multi-unit collection sites. Altemate exterior locations may be designated by the individual building owner or manager. All multi-unit recycling collection containers shall be clearly marked with the materials accepted.� The Contractor shall empty all acceptable materials from inside the containers and acceptable materials that may be set adjacent to the containers. The Contractor shall replace containers in their appropriate location. c. Municipal Buildings: Municipal building collection sites include: the Municipal Center at 6431 University Avenue NE, the Public Works Garage at 300 71�` Avenue NE, the Fridley Liquor Warehouses at 6289 Hwy. 65 and 6538 University Avenue NE, the Fridley Community Education Center at 6085-7�' Street NE, and the Springbrook Nature Center at 100 85th Avenue NE. These locations shall be serviced weekly, z.07 Page 5 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES unless otherwise determined appropriate by the City. Containers shall be located inside or adjacent to waste dumpster enclosures at all collection sites. All recycling collection containers shall be clearly marked for material type that should be placed in each container. The Contractor shall empty all acceptable materials from inside the containers and acceptable materials that may be set adjacent to the containers. The Contractor shall replace containers in their appFOpriate location. 15. Addition of Recyclables. The City agrees that it will consider, from time to time, proposals from the Contractor to perform additional services in the collection of additional recyclables or to perform additional services. Nothing contained in this paragraph shall obligate the City to pay for such additional services or work unless and until this Agreement is modified by a contract in writing. 16. Handicap Service. In the event that a household in the City requests service to the door as an alternative to curbside collection, the Contractor will provide handicap service at no additional cost. If requests for handicapped service exceed 50 households, the City and Contractor will re-negotiate a financial compensation for this service. 17. Frequency of Collection. The City will be divided into four Collection Districts. Collection shall occur each week on Mondays, Tuesdays, Wednesdays, and Thursdays, according to the map in Exhibit C, for all single family units. Collections will be conducted every other week for all multi-family units according to the calendar shown in Exhibit D. 18. Collection Hours. Collection shall commence no earlier than 7:00 a.m. The Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 8:30 p.m. on the scheduled collection day. Residents will be required to place recyclables at curbside before 7:00 a.m. on the scheduled collection day. 19. Container Deliverv. The City shall provide the Contractor with an adequate supply of curbside recycling containers for delivery to new residents and residents who have damaged, lost or stolen containers. The City will encourage residents to pick up containers at the Municipal Center. However, upon request, the Contractor shall deliver a set of containers to an address served by the curbside. program. The Contractor shall have the driver delivering such containers to also include a current informational brochure about Fridley's curbside recycling program. 2■08 Page 6 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES 20. Missed Collection Policv and Procedure Contractor's Responsibility: The Contractor shall have a duty to pick up missed collections at all residential and multi-unit dwellings. The Contractor agrees to pick up all missed collections on the same day that the Contractor receives notice of a missed collection, provided notice is received by Contractor before 12:00 p.m noon. With respecf to all notices of a missed collection received after 12:00 p.m., the Contractor will collect said misses on the next business day before 12:00 p.m noon. The Contractor shall provide staffing of a telephone equipped office to receive reports of missed collections between the hours of 7:30 a.m. and 5:00 p.m. on weekdays, except holidays. The Contractor shall have an answering machine or voice mail system activated to receive phone calls after 5:00 p.m. on weekdays and all day Saturday and Sunday. The Contractor shall keep a log of all calls including the subject matter, the date and the time received, the Contractor's response and the date and time of response. The Contractor shall provide upon request to the City a report specifying any missed collections and the response of the Contractor to those calls. City's Responsibility/Residential Dwelling Units Only: The City shall be responsible for screening all reports of missed collections at residential dwelling units, received by the City, to determine if the reported miss is a missed collection, a late set out, or placement of unacceptable material for collection. A missed collection is defined as a report by a resident that their material was out by 7:OOam, the recyclables were properly prepared, and the materials were not collected by 5:OOpm on their collection day. For each report of a missed collection, it will be the responsibility of the City's Recycling Coordinator to obtain the following information from the resident: 1) What time was the material set out for collection? 2) Has the Contractor left a tag in your container indicating the reasons for the material not being picked up? 21. Non-comQletion of Collection and Extension of Collection Hours. If the Contractor determines that the collection of recyclables will not be completed by 5:OOpm on the scheduled collection day, it shall notify the City Recycling Coordinator by 4:30 p.m. and request an extension of the collection hours. The Contractor shafl inform the City of the areas not completed, the reason for non-completion, and the expected time of completion. If the Recycling Coordinator cannot be reached in person, the Contractor will contact someone else in the Community Development Department. 2•09 Page 7 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES 22. Non-Performance. a� Penalties: Missed Collection/Residential Dwelling Units Only $25.00 for each missed collection above three misses per collection day, to be assessed at the end of each collection month. A missed collection is defined as a report by a resident that their material was out by 7:00 a.m. and the address did not appear on the Contractor's unacceptable material set out records. Throwing Containers/Residential Dwelling Units Only $50.00 for each eye-witnessed report of a driver throwing in a rough manner, which could or did damage the container, rather than placing the container in its original location. Missing Entire Blocks/Residential Dwelling Units Only $500.00 per each incident of the Contractor missing an entire street. A missed block is defined as a block where residents from at least three households within two intersections of that block report that their material was out before 7:00 a.m., the material was not picked up, the addresses did not appear on the records as unacceptable setouts. In the event that an entire street is missed the penalty of $500.00 will be assessed but the misses resulting from the missed street will be excluded from any calculation of the number of misses for the collection day, for the purposes of assessing any penalties resulting from missed �collections, as defined in paragraph 22. District-wide Collection Not Completed $1,000 per incident of failure to complete collection when the Contractor has not received an extension of collection hours from the Recycling Coordinator, or the Community Development Director, or the City Manager as described in paragraph 21. Failure to Complete a Majority (over 50%) of the Collection District $2,500 per incident of failure to complete a majority of the collection stops in the collection district when the Contractor had not received an extension of collection hours from the Recycling Coordinator, or the Community Development Director, or the City Manager, as described in paragraph 21. b) Exceptions: For the purposes of this Contract, the Contractor shall not be deemed to be liable for damages where its inability to perform recycling collection service is the result of conditions beyond the control of the Contractor, including but not limited 2•7 � Page 8 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES to, civil disorder, acts of God, or severe weather (as defined in paragraph 24 of this contract), changes in applicable statutes, regulations, and ordinances; provided, however, that the Contractor shall obtain approval for the delay from the Recycling Coordinator, or the first designee, the Community Development Director, or the second designee, the City Manager prior to 4:00 p.m. of the scheduled collection day. When the City and the Contractor have upon mutual agreement determined that the Contractor may safely return to the City, the Contractor shall have five (5) days (excluding Saturdays, Sundays, and holidays) to provide such service. In the event of a continuing failure beyond said period, the Contractor shall not be entitled to payment for any residential dwelling unit and multi-unit dwelling not serviced. In the event that the City has approved a delay beyond the five (5) days the Contractor will not be assessed penalties as specified in paragraph 22. 23. Dispute Resolution. Claims, disputes, or other matters of less than $2,500.00 in value befinreen the Contractor and the City arising out of or relating to this Agreement shall be subject to and decided by non-binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association currently in effect unless the Contractor or the City agree otherwise. Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand for arbitration shall be made within ninety (90) days after the ctaim, dispute, or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when the institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by applicable statute of limitations. No arbitration arising out of or relating to this Agreement shall include by consolidation, joinder, or in any other matter, an additional person or entity not party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the parties to this Agreement and any other person or entity sought to be joined. Consent to arbitration involving an additional entity or person shall not constitute a consent to arbitration of any claim, dispute, or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate, other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 24. Severe Weather. Recycling collections may be postponed due to severe weather at the sole discretion of the Contractor. "Severe weather" shall include, but shall not be limited to, those cases where the temperature at 6:00 a.m. is -20 degrees F or colder, to those cases when • snowfall has made streets impassable. Upon postponement, collection will be made the following business day. The contractor will be responsible for notifying the residents by radio and television announcements. The City will be responsible for notifying the residents by municipal cable: All three means 2.'� 7 Page 9 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES of communication will be used for each severe weather postponement of recycling collection. _ 25. Holidays. Holiday means any of the following: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. When a scheduled collection day falls on a holiday, or in a week following a holiday, collections will be one day late for all days of and following the holiday. The Contractor shall assist the City in publicizing the alternative collection day. 26. Utilities: The Contractor shall be obligated to protect all public and_ private utilities whether occupying street or public or private property. If such utilities are damaged by reason of the Contractor's operations, the Contractor shall repair or replace same or, failing to do so promptly, the City shall cause repairs or replacements to be made and the cost of doing so shall be deducted from payment to be made to the Contractor. 27. Audit Disclosure. The Contractor shall allow the City and its duly authorized agents reasonable access to Contractor's books and records applicable to all services provided under this Agreement. Any reports, information, financial material, or data which the City at any time requests be kept confidential shall not be made available to any person or party without the City's prior written approval. Unless a written request is provided and approved by the City any reports, information, financial material, or data collected by the Contractor or the City in relation to this Agreement shall be public information. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, or reports prepared by Contractor shall become the property of City upon termination of this Agreement. To the extent that any of the foregoing involves the business of Contractor outside the City, the Contractor shall have the right to use such property in its business outside of the City. 28. Term. The term of this Agreement shall be April 1, 1999, to March 31, 2002, the date of signature by the parties nofinrithstanding. The parties may, by mutual agreement, cause this Agreement to be extended for finro (2) years after the foregoing expiration date, subject to the right of either party to terminate for cause by ninety (90) days written notice as provided in the following paragraph. 29. Termination. This Agreement may be terminated by either party upon ninety (90) days written notice to the other party upon the other party's breach of its duties under this Agreement. In the event termination is by the City pursuant to this ninety (90) day provision, the Contractor shall be paid until the effective date of termination. • 30. Subcontractor. The Contractor shall not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the 2' 7 Z Page 10 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES City. 31. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find Contractor an employee of the City. 32. AssiQnment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 33. Excluded Services. The City shall have no obligation to pay for any senrices furnished or performed by the Contractor not specifically provided for or contemplated herein. 34. Severabilitv. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a Court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the Agreement. 35. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided hereunder. Any violation shall constitute a material breach of this Agreement. 36. Equal Opportunitv. During the performance of this Agreement, the Contractor, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in places available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this non� discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 37. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the vaiidity of the remainder of this 2.7 3 Page 11 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES Agreement. 38. Indemnification. The Contractor shall indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees, which they may suffer or for which they may be held liable, as a result of negligence or fraud of the Contractor, his employees, or subcontractors in the perFormance of this Agreement. 39. Insurance. The Contractor shall provide a certificate of insurance as proof of liability coverage for bodily injury or death in the amount of $600,000 for any one person and in the sum of $1,000,000 for finro or more persons for the same occurrence, and for damages to property in the sum of $3,000,000. The certificate of insurance shall name the City as an additional insured and state that the Contractor's coverage shall be the primary coverage in the event of a loss to the extent of contractor's indemnification. Further, the certificate shall provide for thirty (30) days written notice to the City before cancellation, expiration, or change of coverage. 40. Workers Compensation Insurance. The Contractor shall provide workers compensation insurance covering all employees of the Contractor engaged in the performance of this Agreement, in accordance with the Minnesota Workers Compensation Law. 41. Performance Bond. The Contractor shall execute and deliver to City a performance bond with a corporate surety in the amount of $35,000, or equal ("equal" may include a letter of credit from a banking institution approved by City). This Agreement shall not become effective until such a bond, in a form acceptable to the City, has been delivered to the City and approved by the City Attorney. This Agreement shall be subject to termination by the City at any time if said bond shall be cancelled or the surety thereon relieved from liability for any reason. The term of such performance bond shall be for the life of this Agreement. Extensions or renewals shall require the execution and delivery of a performance bond in the above amount to cover the period of extension or renewal. 42. Conflict of Interest. The Contractor agrees that no member, officer, or employee of City shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Violation of this provision shall cause this Agreement to be null and void, and the Contractor will forfeit any payments to be made under this Agreement. 43. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 44. Entire Aareement. The entire agreement of the parties is contained therein. This Agreement supersedes all oral agreements and negotiations befinreen the 2.14 Page 12 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES parties relating to the subject matter hereof as well as any previous agreement presently in effect befinreen the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless othenNise provided herein. Executed as of the day and year first above written. CITY OF FRIDLEY By Its Mayor and � BFI WASTE SYSTEMS By its : Its City Manager Its 2.15 Page 13 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES EXHIBIT A FEES FOR CURBSIDE RECYCLING SERVICES Fees for services provided by the Contractor shall be paid by the City. Fees shall be based on a per household payment as follows: A. The cost per residential dwelling unit is $2.08 per unit per month B. The cost per multi-unit dwelling unit is $1.40 per unit per month 2.7 6 Page 14 City of Fridley TO: William W. Burns, City Manager �,�y10 FROM: John G. F1ora,�Public Works Director DATE: February 18, 1999 SUBJECT: Amendment to Joint Powers Agreement for the 57`� Avenue Improvement Project PW99-036 The County has prepared a revised amendment to Joint Powers Agreement No. 970537 for cost sharing on the reconstruction of 57�' Avenue in the City of Fridley. The amendment identifies the new costs and the sharing of the costs between the County and the City as agreed to in our discussions. Recommend that the City Council authorize the Mayor and City Manager to execute the Joint Powers Agreement amendment for the 57`� Avenue Improvement Project. rsc attachment 3.01 ALONZO J. FERNANDEZ Contracts Administration Direct # (612) 862-4212 Fax # (612) 862-4201 February 12, 1999 CITY OF FRIDLEY Fridiey Municipa( Center 6431 University Avenue N.E. Fridley, MN 55432 COUNTY OF ANOKA DIVISION OF PUBLIC SERVICES Accounting cYr ('ontracts Administration - HIGHWAY DEPARTMENT � 1440 Bunker Lake Blvd. NW • Andover, Minnesota 55304 • GIS • Solid Waste • Highway • Surveyor • Parks • Transit Attention: Mr. John G. Flora, Director of Public Works Subject: Execution of Revised Amendment No. 1 to Joint Powers Agreement No. 970537 for cost sharing of the reconstruction of County Road No. 102 (57th Ave) in the City of Fridley. Reference: (a) Anoka County Project 97-11-102 (b) Anoka County Board of Commissioners Approval on June 11, 1996 for the preparation of Joint Powers Agreement w/the City of Fridley. (c) Anoka County Board of Commissioner's Approval anticipated on October 28, 1997 to enter into a Joint Powers Agreement w/the City of Fridley. (d) Anoka County Letter dated October 14, 1997 w1JPA for execution by the City of Fridley. (e) Receipt of Executed JPA from the City of Fridley on November 3, 1997. (fl Anoka County Letter dated 1/26/99 w/JPA for execution by the City. (g) Call From Jon Haukaas/City of Fridley on February 2, 1999. Enclosure: Revised Amendment No. 1 dated November 10, 1998 to Anoka County Joint Powers Agreement No. 97Q537 (3 Originals). Dear Mr. Flora, Pursuant to References (a) -(fl, the Enclosure revised amendment to the existing joint powers agreement is provided for your review and execution by the city. As indicated previously, this amendment formalizes the change allowing the city to cause the Subject project. Please sign the amendments and retum at your earliest convenience. Affirmative Action / Equ�D�pportunity Employer If you have any questions regarding the terms of the agreement or issues relative to this matter, please do not hesitate to contact the undersigned for assistance. Respectfulty, � � _� Alonzo J. Fernandez Contracts Administrator AJF/aflfridley.095 Copy Routed to: Jon G. Olson, PE, Anoka County Engineer _Lyndon A. Robjent, P.E., Assistant County Engineer _Jane Pemble, Tra�c Engineer Mark Daly, P.E., Construction Engineer _Arvid Gutzwiller, Maintenance Superintendent Fred Edstrom, Public Services Supervisor Mike Kelly, Chief Right-of-Way Agent _Project 97-11-102, JPA Agreement No. 970537, wlCity of Fridley File Affirmative Action / Equal Opportunity Employer 2 K� Anoka County Contract No. 970537A � AMENDMENT NO.1 TO JOINT POWERS AGREEMENT FOR RECONSTRUCTION OF COUNTY ROAD NO. 102 (57TH AVENUE) BETWEEN TRUNK HIGHWAY NO. 47 AND MAIN STREET (Anoka County Project No. 97-11-102) THIS AMENDMENT is made this day of , 1999, the date of the sib ature of the parties notwithstanding, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter refened to as the "County," and the �ity of Fridley, 6431 University Avenue Northeast, Fridley, Minnesota 55432, hereinafter refened to as the "Contractor." , WITNESSETH: WHEREAS, the County wishes to amend its Joint Powers A�eement with the City for the upgrading of County Road No. 102 (57th Avenue) in the City of Fridley; and WHEREAS, Paragraph XIII., ENTIlZE AGREEMENT REQUIREMENT OF A WRITING, of said A�eement provides that any alterations, variations or modi�cations of the provisions of this Agreemen[ shall be valid only when they have been reduced to writina and duly signed by the parties herein. NOW, THEREFORE, in consideration of the mutual covenants hereinafter stated or contained in the Agreement, the parties do hereby agree as follows: 1. The parties agree to change Paragraph II., METHOD, as follows: The City shall provide all design enaineering services in full coordination with the County's Hiahway design engineer, traffic engineer, and contract administrator. The design, plans and specifications for the improvements described herein shall not be used until approved by the County Engineer in writing. The City shall cause the construction of the improvements described herein, which construction is expected to start in the Spring of 1998. 3.04 2. The parties agree to change Paragraph III., COSTS, Subparagraph B., as follows: B. The estimated cost of the total project is Four Hundred Sixty-Seven Thousand Five Hundred Eiahty-Three and 45/100s Dollars ($467,583.45). Participation in the construction cost is as follows: 3. The parties agree to change Paragraph III., COSTS, Subparagraph B. 3., B.10., B.12, B.13, B.14, and B.15, as follows: 3 10 In-place concrete walk will be replaced with concrete walk by the City. Any in-place driveway pavement disrupted by the construction will be replaced in kind by the City. 12. The City shall pay, in addition to the above, $100,000.00 toward the costs for the project. The Gounty shall also pay for construction en�neering at a rate of 8% of its designated share. ff the cost of the project exceeds $300,000.00, the City shall pay, in addition to the above, one-half of the construction costs which exceed $300,000.00. 14. Upon award of the contract for construction, the County shall pay to the City 95% of its share of the construction cost as described above. The County's share of the cost of the project shall include only construction and engineering expenses and does not include administrative expenses incurred by the City. 15. Upon final completion of the project, the County's shaze of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial 95% charged will be made in the form of credit or additional char�es to the County's share. Also, the remaining 5% of the County's portion of the construction cost shall be paid. 4. The parties agree to change Paragraph VI., CONTRACTS AND PURCHASES, as follows: All contracts let and purchases made pursuant to this Agreement shall be made by the City in conformance with state laws. -2- 3.05 5. This Amendment is hereby made a part of and shall be amended to the Agreement of the parties. 6. All other terms and conditions of the original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have sia ed this Amendment on the dates written below. COUNTY OF ANOKA CITY OF FRIDLEY By: By: Dan Erhart, Chairman Board of Commissioners Its: Dated: Dated: ATTEST By: By: John "Jay" McLinden County Administrator Its: Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: Dated: dk�contract\1999�fridley.adl (amendment to 199Tfridley3.jpa) -3- 3.06 TO FROM: DATE: ��F:..F :>;�� c� ... -� �uBUCV�o�cs MEMORANDUM William Burns, City Manager �n�'�t`� ,� John G. Flora � Director of Public Works Paul E. Lawrence, Superintendent of Public Works . February 17, 1999 SUBJECT: Repair of Wells #8 and #11 The City advertised in the Focus and sent bid proposals to four well companies. The City rejected bids from E. H. Renner & Sons because they failed to provide a bid bond and Keys Well Drilling's bid was rejected because it wasn't received before the 11:15 a.m. bid opening. Well #8 Bergerson-Caswell Mark Traut Wells Well #11 Mark Traut Wells Bergerson-Caswell $21,756.50 $22,300.00 $34,325.00 $35,535.00 Recommend that the repair of Well #8 be awarded to Bergerson-Caswell for $21,756.50 and the repair of Well #11 be awarded to Mark Traut Wells in the amount of $34,325.00. The 1999 Water Department capital budget has allocated $60,000.00 for the repair of Wells #8 and #11. 4.01 June 9, 1998 CAPITAL IMPROVEMENT PROGRAM PROJECT AREA WATER '� ��'��': 1998 ELIMINATE DEAD END LINE AT HEATHER PL TO BEN MORE WELL REPAIR NO'S 2, 6& 7 HACKMAN AVE WATERMAIN REPLACE (CENTRAL/TEMVISOI� INSPEGT & REPAIIt 1%: M STANDPIPE (53RD JOHNSOI� >�:��►�:: :...........:::::...... 1999 *SCADA SYSTEM ENHANCEMENT **RIVERVIEW TERRACE WATERMAIN REPLACEMENT WELL REPAIR- 8 & 11 YE�R; ' Z000 ELIMINATE DEAD END LINES HILLCREST DR TO FERNDALE * 69T" AND RICE CREEK BLVD WATER MAIN REPLACEMENT (400 F1� WELL REPAIR - WELLS NO. 3 AND 5 *REPLACE ALLEYWAY TO PUMP HOUSE ON NO. SIDE OF COMMONS PARK WATER UTILITY WATER VTILTTY WATER UTILTTY WATER UTII.IT'Y (COMPLETED `97) TOTAL WATER UTILTTY WATER UTILTTY WATER UTILTTY TOTAL WATER UTII,TTY WATER UTILTTY WATER UTILITY WATER UTILTTY TOTAL 4.02 8,000.00 75,000.00 120,000.00 0.00 203 000.00 204,000.00 100,000.00 60.000.00 � S 364.000.00 10,000.00 100,000.00 60,000.00 50,000.00 220 000.00 TO: FROM; DATE: SUBJECT: City of Fridley William W. Burns, City Manager �� John G. F1ora�Public Works Director February 22, 1998 Tanker/Flusher Truck PW99-032 We sent out and received bids for a tanker/flusher truck to replace the City's 1979 tanker/flusher truck used primarily for flooding of ice rinks. Two bids were received. One of the bids from Sweeney Bros. . did not meet the specifications that we outlined and felt were important. Recommend City Council receive the bids and award the contract to Ruffridge-Jol�nson for a flusher truck with a trade-in and a warranty option for a total cost of $98,613.29. We had allocated $102,500.00 in the budget. JGF:cz Attachments 5.01 �pF F c�3 ��:� -c PUBLIC I�IORKS MEMORANDUM TO: William Burns, City Manager FROM: John Flora,� Director of Public Works Paul Lawrence, Superintendent of Public Works DATE: February 12, 1999 SUBJECT: Purchase of Tanker/Flusher Truck The City advertised in the Fridley Focus and sent bid specifications to seven firms requesting proposals for a tanker/flusher truck to replace the City's 1979 tanker/flusher unit. The City received proposals from two firms; Sweeney Brothers Tractor of Burnsville and Ruffridge- Johnson of Minneapolis. Comnany Base Price Sweeney Bros. $94,975 Ruffridge $98,889 Trade-in Difference Sales Tax $7,500 $87,475 $5,685.87 $7,500 $91,389 $5,940.29 Warranty Net Cost Option $93,160.87 $1,600 $97,329.29 $1,284 David Lindquist and I recommend rejecting Sweeney Brothers' low bid because the equipment bid by Sweeney Brothers Tractor fails to meet the City's minimum specifications in several areas. The most important areas where specifications were not met are as follows: l. The specifications require that the tanks be constructed from 7 gauge steel and Sweeney Brothers has specified 10 gauge steel which is only about two-thirds the thickness specified. 2. The specifications require a bronze pump impeller and Sweeney Brothers is specifying a less durable cast iron impeller. 3. The specifications require a 12" dump valve and Sweeney has specified a 10" dump valve. Dave and i feel that the areas where Sweeney Brothers Tractor has not met specifications will shorten the useful life of the equipment. The existing tanker flusher has been in service for 20 years and we expect similar service from a vehicle that fully meets the City" specifications. Both vendors bid identical cab and chassis. I recommend that the City accept Ruffridge-Johnson's proposal that fully meets the City's specifications for $97,329.29, including sales tax and the trade-in of the City's 1979 tanker. I also recommend that the City purchase the 3-year extended cab and chassis warranty for an additional $1,284.00, bringing the total bid award to $98,613.29. The 1999 Parks capital equipment budget has allocated $102,500.00 for the purchase of a tanker flusher truck. 5.02 �pF F ::::::�� .... -� PUBLIC WORKS MEMORANDUM TO: Paul Lawrence, Superintendent of Public Works FROM: David Lindquist, Parks Supervisor DATE: February 11, 1999 SUBJECT: Bid Proposals for Parks Water Truck I've been reviewing the replacement water trucks bid by Ruffridge-Johnson and Sweeney Equipment. Even though Sweeney was the low bidder, I would recommend purchasing the truck bid by Ruffridge-Johnson. The water truck bid by Sweeney does not meet our minimum specifications in several areas. Also I became concerned about what type of truck we might receive from Sweeney Brothers when I heard from their salesman that Sweeney doesn't sell very many street flusher units to cities for making skating rinks. I visited two cities that have Sweeney manufactured trucks and inspected a new water truck put together by Ruffridge-Johnson to compare the differences between the trucks being bid. I was able to talk to the drivers of the Sweeney built water trucks. The first Sweeney truck that I inspected is at the City of Brooklyn Center. This truck is 5 years old, but Sweeney uses the same flusher components for the new units they make. Brooklyn Center had to replumb their entire truck because the control valves for the spray heads kept freezing up. They also had to replace the main dump valve and replace the fill gauge because each of these rusted apart. Apple Valley has the other water truck that I inspected. Apple Valley's truck has a control panel for the spray heads that was wired wrong. They have been trying to get Sweeney to make repairs/corrections to their truck since they took delivery in January. They commented that Sweeney does not respond to their requests for service. The two major areas of concern for me where Sweeney is not meeting our minimum specifications are in using 10 gauge steel instead of 7 gauge (smaller = thicker) in the construction of the water tank and using a cast iron instead of bronze impeller in the water pump. We will probably have this new water truck for fifteen to twenty years like our last truck (which was a Roscoe like Ruffridge-Johnson bid), so we should purchase the more durable of the two units bid. 5.03 City of Fridley TO: William W. Burns, City Manager ��y'� PW99-034 �i FROM: John G. F1oraC, Public Works Director Jon H. Haukaas, Assistant Public Works Director DATE: February 18, 1999 SUBJECT: Sanitary Sewer Repair Project No. 320 On Wednesday, February 17, 1999, four bids were opened for the Sanitary Sewer Repair Project No. 320. The low bid was submitted by Visu-Sewer Clean & Seal, Inc., of St. Louis Park, Minnesota, in the amount of $125,370.40. The 1999 budget has $170,000 identified for the sanitary sewer repairs. After the specifications were delivered to the bidders, the television report noted as many as five additional service connections. This increases the number of service line connection reopenings from two to seven. This may require a future change order in the amount of $1,250.00 Recommend the City Council receive the bids and award the contract for the Sanitary Sewer Repair Project No. 320 to Visu-Sewer Clean & Seal, Inc., in the amount of $125,370.40. rsc Attachment 6.01 BID FOR PROPOSALS SArTITARY SEWER REPAIR PROJECT NO. 320 WEDNESDAY, FEBRUARY 17, 1999,10:00 A.M. co��rrs Fit��I0I,1)EI� > `�IU BaI�I} ;; T�TAL $II� ALT. 1;: ; Visu-Sewer Clean & Seal Inc. Wausau Insurance $111,124.40 $14,246.00 3940 Louisiana Avenue St. Louis Park, MN 55428 Insituform Central Inc. CNA $127,446.00 $14,246.00 4510 - 77th Street Edina, MN 55435 Lametti & Sons Inc. St. Paul Fire & $134,604.50 $23,464.00 16028 Forest Blvd. N. Marine Hugo, MN 55038 Municipal Pipe Tool Inc. Merchants Bonding $155,640.50 $16,550.50 515 Fifth Street Company 6.02 C CAPITAL IMPROVEMENT PROGRAM PROJECT AREA P'ROJE:Cfi SEWER JUIy 7, 1998 �f � 14.�1 1998 RELINE & REPAIR 1100 FEET OF CORRUGATED SEWER ON 67TH AVE FROM 7TH ST TO MADISON SEWER FUND REBUILD SYLVAN LIFT STA SEWER FUND SCADA UPGRADE TO SYLVAN LIFT STA SEWER FUND TOTAL YE#�F�. 1999 RELINE OR REPAIR 555 FEET OF (CMP) SAI�IITARY SEWER LINE - MADISON FROM 67TH STREET TO 68TH SEWER FUND RELINE SAN LINE ON HACICMAN EASEMENT SEWER FUND 300 FT SOUTH TO OLD CENTRAL **REPLACE SEWER LINE-RNERVIEW TERR SEWER FUND SCADA UPGRADE - 64TH & OLD CENTRAL LIFT STATION SEWER FUND �f�lR:;` z000 RELINE OR REPAIlt 1500 FEET (CMP) SANTTARY SEWER LINE ON 68TH AVE FROM MONROE TO HWY 65 SCADA UPGRADE - 52ND LIFT STATION * NEW PRO7ECTS ** RELOCATED PROJECTS TOTAL SEWER FLTND SEWER FUND TOTAL 6.03 75,000.00 50,000.00 12.000.00 137�-� 80,000.00 � 90,000.00 75,000.00 20.000.00 2655 •� 90,000.00 20.000.00 $110�.000.0�0 . � � ., V ` e � . ..�•M'�• 9�� „ � •r� � � i . <<� . i . ^ . B. i 1 �( � � , . � � � - t + � ,rL �[ir�wW � • � � �<<� . � I i e' o . m . . � 6- ' �--, ; . o •+ � ,.,c. �••tr� <' ^, � ��o�row 8' tT�etiT �: r.; 8 ' � � �' 8� � � .� .,�! 1r�ctr � fTKt' �O � o rpw . '� � " � � • l� s ► 8- � s . �. o �. ,..c• �*�tC� � Ou�rC'r � � `� Qf - ` , w 1� 8+ , ' • L `1{ � 70■ ff�CtT t� a � 1 y• ' z . 8� I �. _ �� s � ° f .� sr�c�* �;, � r _ �_ . i ' z e ' * A �. y � 81, I � • J �r�ccr t .a . � . � � + 0 � :. �vCMV[ �� . 10 IN�H CMP - z n . . . ,,.,�. ,,.c e. . � g� ' . - _ ,..�o� S+�EE. ALTERNATE - ..�K�.�: �� ..�� i0� s �� 8.. ' < � 8.. ^ . � M 1 s 8� .a.o „ c�••.c� l I�MC 8�� lUC1A O � ' _ J 3 .. � o p�.�[ 8' z , . s . . . �t •�C�C� 1T�fl� � o ' 8�� . �v '�C��( �T��(' Q• �0� . — .��rHt� � �� --� 8�� 1 —4�r w � ! ti . . _ . . - =z� � . . .. . , . � � ' � m ..-- � z,� � �- .,� �, � � — d � � - _ : ; h'"•- 20 , - ., � � a� gT 4 � ,s , TO: WILLIAM W. BURNS, CITY MANAGER �1 �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: MODIFICATIONS TO THE 1998 BUDGET DATE: FEBRUARY 8,1999 Attached you will find a resolution amending appropriations to the 1998 budget in accordance with the City Charter. The adjustments listed have arisen as a result of donations, unforeseen expenditures and revenues, and reclassification of account codings. You have informally approved all adjustments through the Budget reappropriation form. We request that the Council approve the amendment of the attached budgets. RDP/ce Attachment 7.01 RESOLUT'ION # -1999 A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND AND TF� CAPITAL IlVIPROVEMENT FUND THROUGH DECEMBER 31,1998 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 1998. NOW, T'HEREFORE, BE IT RESOLVED that the General Fund and Capital Improvement Fund budgets for the following divisions be amended as follows: REVENUE ADJUSTMENTS Donation-Police Reimbursement-Fire State Aid-Fire Donation-Recreation Donation-Recreation Donation-Recreation APPROPRIATION ADJUSTMENTS City Management Emergency Reserve Police Fire Fire Municipal Center Emergency Reserve Public Works Public Works Recreation Recreation Recreation GENERAL FUND Supplies/Charges Other Financing uses Supplies/Charges Supplies/Charges Personal Services Capital Outlay Other Financing uses Capital Outlay Supplies/Charges Supplies/Charges Supplies/Charges Supplies/Charges 400.00 200.00 15,282.00 200.00 200.00 1,200.00 $17,482.00 13,75038 (13,750.38) 400.00 200.00 15,282.00 809.40 (809.40) 1,200.00 (1,200.00) 200.00 200.00 1,200.00 17 482.00 7.02 Moose Lodge-Families In Need HazMat 2 response trailer Pension Contribution Twins Game Lions Club-Senior Ceramic Program American Legion-49er's Celebration Legal Fees for POST Legal Fees for POST Families In Need donation HazMat 2 response trailer Pension Contribution Safe for Front Counter Safe for Front Counter HP Laser Jet V Printer HP Laser Jet V Printer Twins Game Senior Ceramic Program 49er Day Celebration CAPITAL IlVIPROVEMENT FUND GENERAL CAPITAL IMPROVEII�'NT REVENUE ADNSTMENTS Fund Balance APPROPRIATION ADNSTMENTS Capital Outlay 13,000.00 Soil Contamination-Municipal Garage 13,000.00 Soil Contamination-Municipal Garage PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF , 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK Fil� J�Reappropriation/ 98 Reappropriations 4� Qtr 7.03 NANCY J. JORGENSON - MAYOR CITY OF FRIDLEY COMMISSION TERMS THAT WILL EXPIRE IN 1999 - FOR CITY COUNCIL CONSIDERATION Term Present Members Ex ires Appointee PLANNING COMMISSION (Chapter 6) (7 Members - 3 Year Term) GENERAL Diane Savage 4-1-00 CHAIR VICE-CHAIR CHAIR David Kondrick 4-1-00 PARKS � REC. CHAIR Bradley Sielaff 4-1-00 ENVIRON. QUALITY CHAIR Larry Kuechle 4-1-99 � APPEALS COMM. � CHAIR LeRoy Oquist 4-1-01 HUMAN RES. AT Dean Saba 4-1-01 LARGE AT Connie Modig 4-1-99 LARGE APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term) � CHAIR Larry Kuechle 4-1-99 VICE- Terrie Mau 4-1-00 CHAIR Carol Beaulieu 4-1-00 Blaine Jones 4-1-01 Kenneth Vos 4-1-99 ENVIRONMENTAL QUALITY AND ENERGY COMMISSION (Chapter 6) (7 Members - 3 Year Term) CHAIR Bradley Sielaff 4-1-00 VICE- Richard Svanda 4-1-00 CHAIR John Velin 4-1-99 Rosalie Landt 4-1-01 Peter Panchyshyn 4-1-99 Vacant 4-1-01 Vacant 4-1-01 8.01 Term Present Members Expires HUMAN RESOURCES COMMISSION (Chapter 6) (5 Members - 3 Year Term) CHAIR LeRoy Oquist 4-1-01 J. Raffesberger 4-1-00 Satveer Chaudhary 4-1-01 Terrie Mau 4-1-99 Annette E. Mitchell 4-1-99 PARKS AND RECREATION COMMISSION (Chapter 6) (5 Members-3 Yr. Term) CHAIR David Kondrick 4-1-00 VICE- Richard Young 4-1-01 CHAIR Susan Price 4-1-99 Marcy Sibell 4-1-00 Tim Solberg 4-1-01 CABLE TELEVISION COMMISSION (Sec. 405.28)(5 Members-3 Yr. Term) CHAIR Ralph Stouffer 4-1-99 VICE- Robert Scott 4-1-00 CHAIR Burt Weaver 4-1-99 Joseph Kerner 4-1-00 Gen Peterson 4-1-01 � POLICE COMMISSION (Chapter 102)(3 Members - 3 Year Term) CHAIR John Hinsverk 4-1-00 Mavis Hauge 4-1-01 John Burton 4-1-99 HOUSING AND REDEVELOPMENT AUTHORITY (5 Members - 5 Year Term) CHAIR Larry Commers 6-9-99 VICE- Virginia Schnabel 6-9-00 CHAIR J. R. McFarland 6-9-02 John E. Meyer 6-9-01 Pat Gabel 6-9-03 8.02 City of Fridley TO: William W. Burns, City Manager FROM: John G. Flora,' Public Works Director DATE: February 22, 1999 SUBJECT: Resoludon for Use of MSAS Funds PW99-040 With the proposed project to upgrade the storm water and streets west of East River Road and north of 79`� Way under project ST. 1999 - 1, the�City can apply for its available population funds within the State Aid Account for off-system use. The attached resolution requests the disbursement of the City's population portion of the MSAS Construction Funds for the proposed Riverview Heights Area Improvement Project No. ST. 1999 - 1. Recommend the City Council adopt the attached resolution for submittal to the State Aid Office. JGF:cz Attachment !. RBSOLIITION NO. -1999 R$SOLUTION RBQII$STING MVNICIPAL STATS AID SYSTffiK CON3TRIICTION FUNDS FOR OTHSR LOCAL IISS WHEREAS the City of Fridley receives Municipal State Aid System (MSAS) funds for construction and maintaining 20� of its City streets, and WHEREAS 25.31 MSAS miles are currently authorized, and WHEREAS 25.22 MSAS streets have been built or resurfaced since 1988, and WHEREAS the City currently has 100.32 municipal streets that require maintenance and upgrade, and WHEREAS the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS it is proposed to systematically install concrete curb and gutters and storm sewer systsm for improved surface water drainage and additional strength to the streets for traffic survivability, and . WHEREAS the City State Aid rou�es are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional surfacing, and WHSREAS it is authorized by NII�i Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS the City proposes to improve surface water drainage and rebuild the street in the process, and WIiEREAS it is proposed to use a portion of the City's population allocation funds to upgrade the local street, towit: all of the streets west of East River Road (CASH 1) and north of 79`h Way (MSAS 332) identified as City Project ST. 1999 - 1, and WHEREAS the City indemnifies saves and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS the final approval of the State Aid for Local Transportation Division is therefore given. NOW THEREFORE BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota, requests the release of MSAS construction funds for the upgrade and reconstruction of City municipal streets, towit: all of the streets west of East River Road (CASH 1) and north of 79`" Way (MSAS 332) identified as City Project ST. 1999 - 1. PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22" DAY FEBRUARY, 1999. ATTESTED: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR � � CITY OF FRIDLEY CLAIMS FEBRUARY 22, 1999 � � ClA1MS �� 85488 - 85779 10.01 � � CRY OF FRIDLEY Tvne of License CIGARETTE Ashland Station/Totem Foods 4635 Central Avenue NE Fridley, MN 55421 Ground Round 5277 Central Avenue NE Fridley, MN 55421 Joe DiMaggio's 1298 East Moore Lake Drive Fridley, MN 55432 Moose Lodge/Dee Dee's Fun Machines 8298 University Avenue NE Fridley, MN 55432 Spikers Grille and Beach Club 7651 Highway 65 NE Fridley, MN 55432 Unity Mazket 315 Osbome Road Fridley, NIN 55432 University Market/Texaco 7295 University Avenue NE Fridley, MN 55432 Wal-Mart Store #1952 8450 University Avenue Fridley, MN 55432 LICENSES FEBRUARY 22, 1999 Apnroved Bv: Police Department Fire Department Planning; Inspection Police Department Fire Department Planning; Inspection Police Department Fire Department Planning; Inspection Police Department Fire Department Planning; Inspection Police Department Fire Department Planning; Inspection Police Departrnent Fire Department Planning; Inspection Police Department Fire Department Planning; Inspection Police Department Fire Department Planning; Inspection 11.01 Fees • $ 125.00 $ 125.00 $ 125.00 $ 125.00 $ 125.00 $ 125.00 $ 125.00 $ 125.00 � � CfTY OF FRIDLEY Type of License FOOD Unity Market 315 Osborne Road Fridley, MN 55432 University MazketPTexaco 7295 University Avenue NE Fridley, MN 55432 FOOD (TEMPORARI'� Columbia Arena 7011 University Avenue NE Fridley, MN 55432 LICENSES FEBRUARY 22, 1999 LAWFUL GAMBLING (TEMPORARY) Fridley Alano Society of the NE Suburbs 5925 University Avenue NE Fridley, MN 55432 Approved By: Police Department Fire Department Planning; Inspection Police Department Fire Department Planning; Inspection Police Department Fire Dep�rtment Planning; Inspection Police Department Fire Department 11.02 Fees• $ 45.00 $ 45.00 $ 30.00 Request Fee Waiver � L cmr oF FRIDLEY GAS SERVICES McGuire Mechanical Services Inc 20830 Holt Ave PO Box 219 Lakeville MN 55044 LICENSES FEBRUARY 22,1999 Patrick McGuire GENERAL CONTRACTOR-RESIDENTIAL Bjorkstrand Companies Inc 4116 Diamond Dr Eagan MN 55122 Mark Bjorkstrand Pearson David Masonry & Const Inc 11960 London St Blaine MN 55449 David Pearson GENERAL CONTRACTOR-COMMERCIAL Minnesota Rusco Inc 9901 Smetano Dr Minnetonka MN 55343 Mel Hazelwood HEATING Equipment Supply Inc 593 N Fairview Ave St Paul MN 55104 Midwest Heating & AC Inc 26355 Tucker Rd Rogers MN 55374 Total Refrigeration Systems 221 Concord Exchange S South St Paul MN 55075 PLUMBING Sutherlund Plbg & Htg Inc 3864 Edith Ln Lexington MN 55014 David Hodgson Lance Hamex Richard Madsen Margaret Sutherlund RON NLKOWSKI Building Official STATE OF MINN Same RON JULKOWSKI Building Official RON NLKOWSKI � Building O�cial Same Same STATE OF MINN ESTI MATES FEBRUARY 22, 1999 QTY OF FRIDLEY 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 November, 1998 .......................................... $ 16,605.00 12.01 City of Fridley TO: William W. Burns, City Manager n� � Z 'J ti FROM: John G. Flora,�ublic Works Director DATE: February 22, 1999 SUBJECT: Riverview Heights Area Improvement ST. 1999 - 1 PW99-027 OSM has prepared the plans for the Riverview Heights improvement project which includes upgrading of the streets in the area west of East River Road and north of 79�' Way. The project also includes construction of a storm water system for the area entering into a detention pond at Riverview Terrace and 79�' Way and exiting into Springbrook Creek which also includes a flood control structure for the Mississippi River at the creek's outlet. To continue the fast paced design of this project for an early spring award, the public hearing is scheduled for February 22, 1999. JGF:cz 13.01 CITY OF FRIDLEY NOTICE OF HEARING ON IMPROVEMENT RIVERVIEW HEIGHTS AREA IMPROVEMENT PROJECT NO. ST. 1999 -1 WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 22nd day of February, 1999, at 7:30 pm the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Ave., N.E., Fridley, MN, and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: CONSTRUCTION ITEM Street improvements, including grading stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, ° bikeway, storm sewer system, water and sanitary sewer, landscaping, flood control structures and other faciliries located as follows: STREET IMPROVEMENT PROJECT NO. ST.1999 -1 All of the land abutting upon the area bounded by East River Road, 79� Way, the Mississippi River and north corporate limits and all lands within, adjacent and abutting thereto. All of said land to be assessed proportionately according to the benefits received by such improvement. Hearing impaired persons planning to attend the public hearing who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than 17 February 1999. Published: STAR TRIBtTNE: FRIDLEY FOCUS: February 12, 1999 February 18, 1999 February 19, 1999 13.02 � _ CiTY OF FRiDLEY ERIDLEY MUNICIPAL CENTER • 6431 UNNERSITYAVE. N.E. FRIDLEY, MN 55432 •(6l2) 571-3450 • FAX (612) 571-1287 February 16, 1999 Subject: Riverview Heights Improvement Project Dear Resident: PW99-02 ] At the City of Fridley council meeting of february 22, 1999 at 7:30 p.m. in the Counc[l Chambers, a pubiic hearing on the Riverview Heights improvement project is scheduled. The purpose of the hearing Is to outline the improvements proposed for the area east of East River Road and north of 79th Way. The improvement project identi�ied as Riverview Heights Area Improvement Project ST. 1999 - 1 includes the upgrade of all the streets in the area, provide concrete curb and gutter and new asphalt surfaces, sanitary sewer improvements and a new storm water system collecting at a detention pond at the intersection of 79"' Way and Riverview Terrace as well as a control structure to prevent flooding of the Mississippi River through Stonybrook Creek. If you have any questions regarding the project, please contact me at 572-3550 or attend the scheduled public hearing. Sincerely, /� � , s� J �� john G. Flora Director of Public Works JGF:cz Attachment 13.03 CITY OF FRIDLEY NOTICE OF HEARING ON Il�IPROVEMENT RIVERVIEW HEIGHTS AREA IlIZPROVEMENT PROJECT NO. ST. 1999 -1 WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOW, T'HEREFORE, NOTICE IS HEREBY GIVEN THAT on the 22nd day of February, 1999, at 7:30 pm the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Ave., N.E., Fridley, MN, and will at said rime and place hear all parties interested in said improvements in whole or in part. The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: CONSTRUCITON ITEM Street improvements, including grading stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, bikeway, storm sewer system, water and sanitary sewer, landscaping, flood control structures and other facilities located as follows: STREET Il�IPROVEMENT PROJEC"T NO. ST. 1999 -1 All of the land abutting upon the area bounded by East River Road, 79'� Way, the Mississippi River and north corporate limits and all lands within, adjacent and abutting thereto. All of said land to be assessed proportionately according to the benefits received by such improvement. Hearing impaired persons planning to attend the public hearing who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than 17 February 1999. Published: FRIDLEY FOCUS: February 11, 1999 February 18, 1999 City of Fridley TO: William W. Burns, City Manager �,�,,ry � ✓ FROM: John G. Flora, Public Works Director DATE: February 22, 1999 SUBJECT: Riverview Heights Area Improvement Project No. ST. 1999 - 1 PW99-029 To proceed with the expedited design and advertisement for the Riverview Heights Area Improvement Project No. ST. 1999 - 1, it is necessary for the attached resolution ordering the final plans and estimates of costs be adopted by the Council prior to receiving the final plans. Recommend the City Council adopt the attached resolution ordering the final plans and estimates of costs for the Riverview Heights Area Improvement Project No. ST. 1999 - 1. JGF:cz Attachment 14.01 i� RESOLUTION NO. - 1999 A Rl3SOLIITION ORD$RING FINAL PLANS AND SPBCIFICATIONS AND SSTIMATi3S OF COSTS THSRSOF: RIV�RVI�InI HEIGHTS AR}3A IMPROVE'M13NT PROJECT NO. ST. 1999 - 1 WHEREAS, Resolution No. 94-1998 ordered design for the Riverview Terrace north of 79"' Way, and WHEREAS, Resolution No. 95 - 1998 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project, and WHEREAS, Resolution No. 96 - 1998 receiving the preliminary report and called for a public hearing on the matter of the construction of certain improvements for this project, and WHEREAS, a public hearing was held on February 22, 1999 regarding this project, and WHEREAS, the City Council has determined a need to reconstruct the street to maintain it in a safe condition and at a reasonable cost. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following improvements proposed by Council Resolution 95- 1998 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, storm sewer system, water and sewer services, landscaping, flood control structures, and other facilities. 2. That the following work be incorporated in the 1999 street improvement project as ST. 1999 - 1. 3. That the work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 4. That the Public Works Director, John G. Flora, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications and estimates of costs thereof for the making of such improvements. 14.02 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22nd DAY OF FEBRUARY, 1999. Attested: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 14.03 City of Fridley � TO: William W. Burns, City Manager ��'� PW99-028 FROM: John G. Flor�Public Works Director DATE: February 22, 1999 SUBJECT: Riverview Heights Area Improvement Project No. ST. 1999 - 1 OSM has prepared the final plans and specifications for the Riverview Heights Area Improvement Project associated with the street and storm water issues for the area west of East River Road and north of 79�' Way. To maintain the fast pace design and advertise for a bid opening in March and early spring award, recommend the City Council adopt the attached resolution receiving the final plans and specifications and ordering advertisement for bids. JGF:cz Attachment 15.01 � R�SOLIITION N0. - 1999 RESOLUTION R$C$IVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTIS$MENT FOR BIDS: RIVERVIEW HEIGHTS AREA IMPROVEM$NT PROJ$CT NO. ST. 1999 - 1 WHEREAS, Resolution No. 94 - 1998 directed the design for Riverview Terrace north of 79th Way, and WHEREAS, Resolution No. 95 - 1998 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project, and WHEREAS, Resolution No. 96 - 1998 received the preliminary engineering report and set a public hearing for the improvements in this project, and WHEREAS, Resolution No. _- 1999 ordered final plans and estimates of costs for this project. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following improvements proposed by Council Resolution No. 95 - 1998 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements including grading, stabilized base, hot- mix bituminous mat, concrete curb and gutter, storm sewer system, water and sanitary sewer services, landscaping, flood control structures and other facilities located as follows: In the Area West of Sast River Road and North of 7g`h Way That the work involved in said improvements as listed above shall hereafter be designed as: RIVERVIEW HBIGHTS AREA IMPROVEMENT PROJECT NO. ST. 1999 - 1 2. The plans and Department for to the Council which plans and specifications prepared by the Public Works such improvements and each of them pursuant resolutions heretofore adopted, a copy of specifications are hereto attached and made 15.02 a part thereof, are hereby approved and shall be filed with City Clerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state the bids will be opened and considered in the Council Chambers of trie Fridley Municipal Center and that no bids will be considered unless sealed and filed with the Public Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (5�) of the amount of such bid. That the advertisement for bids for RIVERVIEW HEIGHTS AREA IMPROVEMENT PROJECT NO. ST. 1999 - 1 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22nd DAY OF FEBRUARY, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 15.03 ADVERTISEMENT FOR BIDS RIVERVIEW HEIGHTS STREET IMPROVEMENT PROJECT NO. ST. 1999-1 NOTICE IS HEREBY GIVEN that sealed proposals will be received at the office of the Public Works Director in the City of Fridley, Anoka County, 6431 University Avenue N.E., Fridley, Minnesota 55432 (Tel. 571-3450), until 10:00 a.m. on Friday the 19th day of March, 1999, and will be publicly opened at said time and place by finro or more designated officers or agents of the Ciry of Fridley. Said proposal to be for the furnishing of all labor and materials for the construction complete in place of the following: 33,000 39,000 18,500 15,700 15,000 3,800 1 5 19 CY Tons Tons LF SY LF LS Each Each Common Excavation Class 5 Aggregate Base Asphalt B-618 Concrete Curb and Gutter Sod 12-66" Reinforced Concrete Pipe Flood Control Structure with Creek Bypass Pumping Hydrant Remove and Replace Sanitary Sewer Service Replacement Proposals arriving after the designated time will be returned unopened. The bids must be submitted on the proposal form provided in accordance with contract documents, plans and specifications as prepared by the Consulting Engineers, Orr-Schelen-Mayeron & Associates, Inc., 300 Park Place East, 5775 Wayzata Boulevard, Minneapolis, Minnesota 55416-1228, which are on file with the Public Works Director of the City of Fridley and may be seen at the office of the Consulting Engineers. Copies of Proposal Form Plans and Specifications for use by contractors submitting a bid may be obtained from the Consulting Engineers, Orr-Schelen-Mayeron & Associates, Inc., 300 Park Place East, 5775 Wayzata Boulevard, Minneapolis, Minnesota 55416-1228, upon deposit (rion-refundable) of Seventy Five Dollars and No Cents ($75.00) per set. No bids will be considered unless sealed and filed with the Public Works Director of the City of Fridley and accompanied by a cashier's check, bid bond or certified check (on a responsible bank in the State of Minnesota), made payable without condition to the City of Fridley, Minnesota for five percent (5%) of the amount bid to be forfeited as liquidated damages in the event the bid is accepted and the bidder should fail to enter promptly into a written contract and furnish the required bonds. The City Council reserves the right to reject any and all bids and to waive any informalities in any bids received without explanation. No bids may be withdrawn for a period of sixty (60) days from the date of opening of bids. By order of the City Council of the City of Fridley, Minnesota Dated this 22nd of February, 1999 John G. Flora, P.E. PUBLIC WORKS DIRECTOR OSM Project No. 99004.00 15.�4 AFB -1 Published: Fridley Focus �onstruction Bulietin February 25, 1999 February 26, 1999 March 4, 1999 March 5, 1999 March 11, 1999 March 12, 1999 OSM Project No. 99004.00 15■05 AFB - 2 � � FRIDLEY CITY COUNCIL MEETING OF �r�roF FEBRUARY 22, 1999 FRIDLEY INFORMAL STATUS REPORTS 16.01