11/07/2011 - 6543FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2011
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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 activiUes because of race, coior, creed, religion, national origin, sex, disability,
age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be
provided to allow individuals with disabilities to participate in any of Fridiey'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. (TTD/572-3534)
PLEDGE OF ALLEGIANCE. �'j ' �j O
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PROCLAMATION:
Homelessness Awareness Month — November, 2011
LEGISLA E UPDATE BY CONGRESSMAN
KEITH EL ON.
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APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF Mit3UTES:
City Council Meeting of October 24, 2011
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NEW BUSINESS:
1. Resolution Authorizing Changes in Appropriations
for the 2011 Budget for January through October,
2011 ................................. 1 - 4
2. Resolution to Approve an Agreement with the
Minnesota Department of Transportation to
Provide for a Delegated Contract
Process .......................... 5 - 16
3. Approve Change Order No. 1 for Sanitary
Sewer Lining Project No. 400 ............ 17 - 19
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSlNESS (CONTINUED►:
4. Claims (152848 — 152987) ................ 20 - 31
5. Licenses .................................. 32 - 35
6. Estimates .............................. 36
OPEN FORUM. VfSITORS: Consideration of items not
on Agenda —15 minutes.
7. Informal Status Reports ..................... 37
ADJOURN.
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QTY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF NOVEMBER 7, 2011
7:30 p.m. - City Council Chambers
Attendance Sheet
Please print name address and item number �ou are interested in
� �r�ut Name (Clearly) Address Item No.
� iS i
CITY COUNCIL MEETING OF NOVEMBER 7, 2011
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FRIQLEY
7he City of Fridley will not discriminate against or harass anyone in the admission or access to,
or treatment, or employment in its servi�es, programs, or activities because of race, color, creed,
religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard
to public assistance. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired
persons who need an interpreter or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 572-3500. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PROCLAMAT{ON:
Homelessness Awareness Month — November, 2011
LEGISLATIVE UPDATE BY CONGRESSMAN KEITH ELL{SON.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of October 24, 2011
NEW BUSINESS:
Resolution Authorizing Changes in Appropriations
for the 2011 Budget for January through October,
2011 ..................................................................................................... 1 - 4
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7. 2071 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED3:
2. Resolution to Approve a� Agreement with the
Minnesota Department of Transportation to
Provide for a Delegated Contract Process .......................................................... 5- 16
3. Approve Change Order No. 1 for Sanitary
Sewer Lining Project No. 400 ............................................................................ 17 - 19
4. Claims (152848 — 152987) ................................................................................. 20 - 31
5. Licenses ....................................................................................................... 32 - 35
6. Estimates ....................................................................................................... 36
OPEN FORUM. VISiTORS: Consideration of items not on Agenda —15 minutes.
7. lnformal Status Reports ..................................................................................... 37
ADJOURN.
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H O MEL E S SNE S S A WA R E NE S S M O 1 NT H
1Vovea�ber, Zosi
WHEREAS, the Anoka County Communiry Contrnuum of Care, along with the Heading Home
Anoka Education Committee, is sponsoring a countywide education and awareness campaign to
hetp end homelessness in our communities; and
WHEREAS, the Art Expo, "Hometessness... the Jaurney, " provides a unique opportunity for
local, creative individuals to join forces with communities across Anoka County in an effort to
promote awareness of homelessness and to help end homelessness; and,
WHEREAS, the Anoka County Communizy Continuum of Care and the Heading Home Anoka
committees play a vital role in bringing together our communities and establishing needed
partnerships to educate residents and support efforts to end homelessness; and
WHEREAS, it is essentia! that all citizens of the City of Frrdley be aware of the importance of
preventing and ending homelessness in our community, and the impact their participation can
have on ensuring that all individuals and families have access Io a warm, safe, stable, and
adequate piace to call home; and
NOW THEREFORE, BE !T RESOLVED, that I. Scott J. Lund, Mayor of the Ciry of Fridley,
hereby proclaim November, 2QII, as
HOMELESSNESS AWA1tENESS MOAITH
in the Ciry of Fridley, Minnesota, and encourage all citdaens to join the Anoka Counry
Community Continuum of Care and the Neading Home Anoka Education Committee to help end
homelessness in our com»aunity.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the seal of the City
of Fridley to be affrxed this 7'�' day of
November, 2011.
Scott J. Ltmd
Mayor
CITY COUNCIL MEETING
CITY OF FRIDLEY
OCTOBER 24, 2011
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Bolkcom
Councilmember Varichak
Councilmember Saefke
OTHERS PRESENT: William Burns, City Manager
Darcy Erickson, City Attomey
Jim Kosluchaz, Public Works Director
3cott Hickok, Community Development Director
Darin Nelson, Finance Director
Dan Burton, B&D Property Holdings LLC
Kevin Kaelbie, 257 57`h Avenue
My Thao, 5841 Main Street
Dr. Wayne Dahl, 177 Hartman Circle
Cazey Lyons, Architect
PROCLAMATION:
Homelessness Awareness Mont6 — November, ZOl l
Pancreatic Cancer Awareness Month — November, 20ll
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of October 1Q 2011:
Councilmember Balkcom asked for the following conections to be made to ihe minutes:
Pase 4;
Councilmember Bolkcom stated under the proposed City policy for tree management on
public lands, she believes most people do not know the word, "promulgate" means
"publicly declare." She said there was also a!ot of repetition in the paragraphs that
needed to be looked at.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24. 2011 PAGE 2
Pa e 5:
Councilmember Bolkcom stated in (C)(1), the review by Pazks and Recreation
Commission, she thought about the dog park as an example. It actually app[ies to any
park, because it is Fridley's pazk but Anoka County basically maintains it.
APPROVED AS AMENDED.
NEW BUSINESS:
1. Approve Letter of Support for the 5tatewide Health Improvement Program (SHIP)
Round 2.0 Grant.
William Burns, City Manager, said the State of Minnesota began funding the SHIP grant
program in 2009 by allocating $47 miilion for projects within its counties. Fridley received
$70,000 of this Round 1 funding. We used the funding for grant writing associated with
bikewaylwatkway grants, development of a bike route arid safety map, the City's contribution
towazd the East River Road Corridor Study, and other activities.
Dr. Bums said we were notified of Round 2 funding opporiunities on October 19 and asked to
provide a letter of support for this funding by October 26. At this point, we have yet to identify
project components of the application. We do know that generally, any funding received will
continue to be used to promote biking, walking, and use of mass transportation in Fridley. In all
likelihood, we will continue to use the fitnding to write grant applications for fuhue
bikeway/walkway improvements in Fridley. Staff recommends CounciP s approval.
APPROVED.
l. Claims (152636 —152845),
APPROVED.
3. Licenses.
APPROVED LICENSES AS SUBMITTED AND AS ON FILE.
4. Estimates.
APPROVED THE FQLLOWING ESTIMATES:
Ron Kassa Construction
6005 East 250m Street
B1ko,NIN 55020-9447
2011 Miscellaneous Concrete Repair
Project No. 401
Bstimate No. 5 ...................................................................................... $ 10,280.42
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24 2011 PAGE 3
Northwest Asphalt, Inc.
1451 Stagecoach Road
Shakopee, MN 55379
ST2011 Street Improvement
Project No. ST2011-01
FINAL ESTIMATE ..........
................................................................ $ 81,582.71
Northwest Asphalt, Inc.
1451 Stagecoach Road
Shakopee, MN 55319
615tAvenue/Moore Lake Street Rehabilitation
Project No. ST2009-02
FINAL ESTIMATE ..........................................................
APPROVAL OF CONSENT AGENDA:
,.. $ 50,666.17
Councilmember Bolkcom asked why ST2009-02 was being brought forth in 2011 when the
project was in 2009.
Jim Kosluchar, Public Works Director, said the entire process takes about a year to finalize.
Councilmember Bolkcom asked if this would be the final estimate.
Mr. Kosluchar answered yes.
MOTION by Councilmember Barnette to approve the Consent Agenda as presented. Seconded
by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMQUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to adopt the Agenda as presented. Seconded by
Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM VISITORS:
No one from the audience spoke.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24. 2011 PAGE 4
PUBLIC HEARINGS:
5. Assessroent for the 2011 5treet Improvement ProjeM No. 2011-01.
MOTION by Councilmember Bamette to waive the reading of the public heazing notice and
open the public hearing. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND TAE PUBLIC HEARING OPENED AT 7:46 P.M.
Darin Nelson, Finance Director, said this project assessment pertains to the mill and overlay of
City streets as part of the City's Street Resurfacing Plan. The 2011 Street Improvement Project
includes parts of the Hyde Pazk Neighborhood. The total number of properties subject to this
assessment is 1 bb, with a total assessed cost of $373,520.05.
Mr. Nelson said each single family residential property is proposed to have an assessment of
$1,592.65. The assessment payback period is 10 yeazs and the payments are subject to a 5.25
percent interest rate, which is a reduction of 1,25 percent over prior years' street assessments.
Proper[y owners have until the close of business on November 23 to pay all or a portion of the
assessment, interest free.
Mr. Nelson said staff did receive one letter contesting the assessment, which is i�ciuded in the
Council agenda. Staff is also aware of one commercial property that may be co�testing the
assessment. However, no written objection had been received prior to this meeting.
Mr. Nelson said a deferral option for retired or disabled property owners is available for
homestead properties. Staff is recommending that the public heazing be opened for public
comment, The resolution adopting the special assessment roll is under new business as Item 7.
Councilmember Bolkcom asked how the deferment process is done. She asked if they had to
fill out an application.
Mr. Nelson answered yes. They have to come in to fill out an application. One can also be sent
by mail.
Councilmember Bolkcom asked if the person who sent the letter had been contacted.
Mr. Nelson answered no.
Dau Burton, B&D Property Holdings, 251 57'� Avenue, said his property faces 57`" Avenue and
the back of his property faces 57'� Place. He asked why he was being assessed because he does
not use that street to access his property.
Jim Kosluchar, Public Works Director, said that the cunent policy assesses the property on
either side; reaz and frant regazdless if the driveway only comes out to the front of the lot.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24 2011 PAGE 5
Mayor Lund said that commercial properties are assessed on both sides where residential is only
assessed in the front.
Mr. Kosluchar said that currently there is no access from the back of the building but there
could be access in the future.
Mr. Burton said that he is not benefiting from ihis project and being assessed for a street that is
behind his building where he has no access does not make it right.
Mayor Lund said that Fridley's policy probably is not much different from other cities.
Mr, Burton said maybe the current policy is not a very good one. He knows for a fact that
Fridley's sign policy fee is much higher than other cities so Fridley is different from other cities.
Mayor Lund said Mr. Burton may want to look into getting accessibility from the back.
Mr. Burton said that right now there is a fence and trees every 20 feet that were required by the
City. He asked how he would put a driveway in back there.
Mayor Luud answered that he would have to check with City staff.
MOTION by Councilmember Saefke to receive into record a letter from Dan Burton dated
October 24, 201 I. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTiNG AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
Councilmem6e� Bolkcom asked who decides if it is a benefit or not to the property owner.
Darcy Erickson, City Attorney, said that the burden is on a property owner to estab(ish there is
no special benefit to their property.
Mayor Lund said his azgument is not because it is not a benefit, but because the property owner
cannot access his property from that road. The property owner may want to discuss the ability to
put in a driveway from the back.
Mr. Burton said that he asked about a driveway and no one gave him an answer.
Scott Hickok, Community Development Director, said there is no ordinance in place that would
grohibit the propefty owner to take access off that roadway. The screening and fence is still a
requirement but nothing prohibits the owner to put in an access driveway in the back.
Mayor Lund asked if the property owner would have to instal] a privacy gate or something for
screening requirements.
TRIDLEY CITY COUNCIL MEETING OF OCTOBER 24 2011 PAGE 6
Mr. Hickok said they would have to screen to the best of their ability. Trees could be removed
to create an aesthetic opening to allow access to the site while not causing visibility issues.
Mayor Luad said that they would still have to meet screening requirements.
Councilmember Bolkcom said regardless of whether an access point is added to the reaz of the
building, the property owner would still benefit from the road behind them, as customers use that
road.
Mayor Lund asked how long the policy has been in place to assess both sides of the road; front
and back.
Mr. Kosluchar saud that it was created before he started, maybe 2005 or 2006.
Councilmember Bolkcom added that was when we were done with the major reconstruction
projects of our streets.
Kevin Kaelbie, 257 57�' Avenue, had the same question as Mr. Burton. He does not have access
to that road and does not use it. He also brought to attention that the letter about this meeting
was dated October 4, 2011 and he just received it from his landlord today. He went to Fridley's
website and found that the resolution notification must be mailed to the individual pazcel no less
than two weeks prior to the hearing. The post mazk date on the letter was October 20.
Mayor Lund said that the property owner may need to protest, not the lease person.
Mr. Kosluchar said that the notice could have been mailed out on October 4 and then retumed
because of the wrong address. Staff uses the Anoka County official list of property owners. If
the letter is returned, we will reprocess the paperwork and send it out again.
Mr. Kaelbie said that there was no indication on the postage that ever happened.
Councilmember Bolkcom asked for clarification that whatever address is on the ta�c statement is
where the original letter is sent.
Mr. Kosluchar said that is correct; staff downloads data from the County.
MOTION by Councilmember Saefke to receive into record a letter sent to Robert Bigelow dated
October 4, 2011 and postmark dated October 20, 2011. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
Mr. Kaelbie said that he disagreed with his assessment for same reason as Mr. Burton.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24 2011 PAGE 7
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOT10N CARRIED AND THE PUBLIC HEARING CLOSED AT 8:10 P.M.
6. Consider t6e Proposed Assessment for the 2011 Nuisance Abatement.
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:11 P.M.
Darin Nelson, Finance Director, said this is the annual assessment for those properties in which
continuing code violations existed and the City expended resources to bring the properties into
compliance. There aze 38 properties involved in this assessment; three less than what the
Council packet includes, due to payments receieed within the last couple days. The total amount
of the assessment will be $36,701.Sb. The assessment will be for 1 yeaz at 6 1/2% interest.
Mr. Nelson said staff did receive two letters contesting the proposed assessment. One letter was
included in the Council packet. The other letter was received late ]ast week and did not get
included wi[h the Council packet, but was distributed to Council at ihe pre-meeting.
Mr. Nelson said a deferra] option for retired or disabled property owners is available for
homestead properties.
Mr. Nelson said staff recommends that the public hearing be opened for public comment. The
resolution adopting the assessment fallows under New Business as Item 8.
MOTION by Councilmember Bolkcom to move into record a letter dated October 17, 2011,
from Frank Daigle. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
Councilmember Bolkcom asked how this year's numbers compazed to last yeaz as far as
number of total assessments.
Mr. Nelson responded that last year the total was $20,222 compared to $25,0�0 in 2011. Staff
time was equal at $I 1,000.
Councilmember Boikcom asked if a staff person would contact the people who wrote letters
and had questions.
Mr. Nelson said someone will contact them to make sure they are aware of the options that are
available.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24 2011 PAGE 8
My T6ao, 5841 Main Street NE, asked for clarification that they could pay over 10 years or pay
it off in five years.
Mayor Lund said his question per[ained to Item 5, the street assessment that was just discussed.
He said the assessment either needs to be paid in full or over 10 years with interest added up
yearly on the properry tas statement. If the assessment is paid off in five yeazs, the interest
would be cut in half, saving money.
Mr, Thao asked if a bill would be sent to his home.
Councilmember Bolkcom responded that if the bill is not paid by November 23, it would go on
the ta�c statement.
Mr. Nelson added that a letter of explanation will be sent out to each property owner once the
resolution is passed.
MOTION by Councilmember Bamette to close the public hearing. Seconded by
Couocilmember Vazichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:20 P.M.
NEW BUSINESS:
7. Resolution Adopting Assessment for the 2011 Street Improvement Project No. 2011-01
Mayor Lund said that the commercial property owners had validity in their argument. He
questioned what was fair.
Councilmember Bolkcom recailed that some properties, not too long ago, had the same
situation and they were assessed more thar� once. She did not think it would be right [o change
the policy now because two people do not agree. They have to prove it does not benefit them.
Mayor Lund agreed that the burden of proof is on the property owner. They did not prove the
burden but their argument was that they did not benefit as they do not access that road.
Couucilmember Bolkcom said that it does not mean their customers do not drive down that
road.
Councilmember Saefke understood their point but noted that the policy has been established.
Right now they do not have an access point but could have one in the future. There will be some
restrictions for screening and fencing from the residential azea but they could have an entrance or
exit through the rear of the property. This is a unique situation.
Layne Otteson, Assistant Public Works Director, said that this aftemoon he did a drive through
of the project and observed a semi parked on 57`h Place who was having lunch at Zantigo's. He
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24. 2011 PAGE 9
said 57`h Place was the only place for him to pazk to eat at Zantigds. There is benefit of
additional parking on 57`h Place for business owners.
Councilmember Bolkcom said people cut through 57`� Place to go to eat. Delivery issues have
been reported in that azea.
Mayor Lund said that they should not promote businesses to use the driveway as an entrance on
the residentia] side. They do not want more traffic on that street. A back driveway could be
used for limited access but not primary access.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2011-51. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, COUNCILMEMBER BARNETTE, COUNCILMEMBER
SAEFKE, COUNCILMEMBER VARICHAK AND COUNCILMEMBER BOLKCOM,
VOTING AYE AND MAYOR LUND VOTING NAY, MAYOR LUND DECLARED THE
MOTION CARRIED ON A 4 TO 1 VOTE.
8. Resolution Adopting Assessment for the 2011 Nuisance Abatemenk
Darin Nelson, Finance Director, asked Council to change the following abatements:
12-3Q-24-13-0086 Wells Fargo Bank—�127.04.
15-30-24-11-0018 US Bank—Balance Zero.
23-30-24-34-0019 R. Badae — Balance Zero.
2330-24-43-0083 J. Robideau — $548.21.
24-30-24-12-0025 J. Waletski & R. Elattaoui —&alance Zero
The new total is now $36,701.56.
MOTION by Councilmember Saefke to amend the assessment with the corrections listed above.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTINE AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Saeflce to adopt Resolution No. 2011-52 as amended. Seconded
by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTINE AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24. 2D11 PAGE 10
9. Resolution Adopting Assessment for the ZOl l Tree Abatement
Darin Nelson, Finance Director, said this year's assessment includes one property at a cost of
$2,586.38. The assessment will be for 5 yeazs at 6.5% interest. The owner has signed an
assessment agreement waiving her right to a public hearing and agreeing to the terms and
conditions. Staff recommends approving the resolution adopting the assessment for the 20ll
Tree Abatement.
MOTION by Councilmember Saefke to adopt Resolution No. 2011-53. Seconded by
Councilmember Bolkcom.
Councilmember Bolkcom asked if the homeowner could still pay this by November 23.
Mr. Nelson answered yes.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
10. Resolution Adopting Assessment for the 2011 Utility Lateral Repair Project.
Darin Nelson, Finance Director, said this yeaz's assessment includes five propeRies at a cost of
$14,880.53. The assessments will be for S years at 6.5% interest. All property owners have
signed an assessment agreement waiving [heir right to a public hearing and agreeing to the terms
and conditions.
Mr. Nelson stated the financing of these utility lateral repair assessments is in direct response to
the 2011 Council/Commission survey from this past spring. The survey indicated overwhelming
support for the City undertaking the added financial responsibility of assessing water and sewer
lateral repairs over a]onger period tha� the previously allowed one-yeaz assessments.
Mr. Nelson said staff does encourage homeowners to apply for loans through the HRA's
Housing Rehabilitation Loan Program. However, credit or other financial issues do not make
this a viable option for some homeowners. It is also pertinent that these repairs be made timely
to maintain the integrity and safety or our utility system.
Mr. Nelson said Fridley City Code, Section 402.06, requires owners to be liable for all repairs
required to any water and/or sewer lines necessary for connection of the premises from the main
to the premises. If the property owner requests maintenance services or repairs performed by the
City, the property owner shall be chazged for the costs of repairs including any necessary street
repairs.
Mr. Nelson said the change we are implementing this year is to lengthen the assessment
timeframe from one year to five years. It allows residents to make the necessary repairs and to
spread the over a five-year period. The financing of these repairs will become a Revolving Loan
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24 20ll PAGE 11
Fund that has been in place for a number of years. The fund has approximately $95,000
available for this type of activity. Interest and principal payments on these assessments will be
rolled back into this fund to help support future repairs. Staff s recommends Council's approval.
Councilmerober Bolkcom thought this was a great project and a wonderful way to for someone
to have the repairs done.
MOTION by Councilmember Barnette to adopt Resolution No. 2Q11-54. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11. Resolution Certifying Certain Aelinquent Utility Services to the County for
Collection with the 2012 Property Taxes.
Councilmember Saetke asked if staff had ever done a comparison from yeaz to yeaz to see if
some of the delinquent taxes are from the same people.
Darin Nelson, Finance Director, said a formal analysis had not been done, but some are repeated
year-to-year.
Councilmember Saetke asked if there was anything staff can do to get people to pay their utility
bills.
Mr. Nelsou responded that staff has the ability to certify these outstanding bills to the home-
owner's property taxes.
Councilmember 5aefke wondered how many people use this as a tax deduction on their income
ta�c and roll the amount in with rest of the property taxes.
Mr. Nelson did not know but he understood that special assessments aze not supposed to be tas
deductible.
Councilmember Bolkcom noted that there is a difference in the colu[nns of final bill compazed
to other assessments. She asked why there was a difference.
Mr. Nelson said those are final bills of people who have moved. He is not sure why the
delinquent amount does not go to the next property owner. He will follow up and respond later.
The new property owner should pay that amount and it shouid be taken caze of at closing.
Councilmember Bolkcom thought it was interesting that having a delinquent utility bill does
not prevent people from getting a rental license.
MOTION by Councilmember Varichak to adopt Resolution No. 2011-55. Seconded by
Councilmember Saeflce.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24. 20ll PAGE 12
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLAREA THE
MOTION CARRIED UNANIMOUSI.Y.
12. Resolution Ordering Preparation of a Preliminary Report and Preliminary Plans and
Specifications for Street Rehabilitation Project No. ST, 2012-Q1.
Jim Kosluchar, Public Works Director, said this resolution directs staff to prepaze a feasibility
report and initiate the design and plan preparation for the proposed 2012 Rehabilitation Project
No. ST. 2012 — O1. The feasibility report will address the scope of the work in the Rice Creek
Terrace East and West neighborhoods and several other streets in their genera] vicinity. The
total length of the project is 4.1 miles.
Mr. Kosluchar said that the Rice Creek Tenace neighborhoods are bound by Trunk Highway 47
and Trunk Highway 65 from Mississippi Street to Rice Creek. The length of pavement
resurfacing need is estimated at 3.8 miles. All streets have concrete curbing in place and the
work will likely be a combination of asphalt reclaiming and utility spot repairs. Specific streets
aze being targeted within the neighborhood based on condition and maintenance requirements.
Ma Kosluchar said several other streets have been identified as rehabilitation candidates due to
the condition of the pavement and comments received from the Public Works maintenance staff.
The first street to be considered for rehabilitation is Fourmies Avenue located just south of t6e
Municipal Center. The length is estimated to be 0.15 miles. The second street under
consideration is the Trunk Highway 65 Service Drive from 73rd Avenue southerly to the
highway access at the railroad crossing. The length is estimated to be 0.19 miles. Both streets
have concrete curbing in piace and the work will likely be a combination of asphalt reclaiming
and utility spot repairs. These streets are included for consideration based on condition and
proximity to the proposed neighborhood streets.
Mr. Kosluchar said the segments were selected based upon projected pavement maintenance
needs, as well as the Pavement Condition Rating which indicates pavement structural and ride
quality on a scale of 5(worst) to 35 (best). Rehabilitating the pavement under a planned program
with proper timing allows us to minimize costs of maintenance throughout the roadway
segmenYs life cycle. Preparation of the feasibility report will allow staff to determine what
construction is needed and can take place within the CTP budget. The feasibility report will
provide a recommendation to the City Council on what construction should take place in 2012.
Mr. Kosluc6ar said that as in 2011, we intend to prepare the draft feasibility report, and then
move ahead with project open houses. With this sequence, we can obtai❑ feedback from
residents on candidate project segments and incorporate any concems into the feasibility report
before it is presented to the City Council. The public workshop for this project is tentatively
scheduled for November 16. The timing of this workshop serves to provide additional notice to
affected residents and businesses of the project and projected assessments. In addition, it allows
staff more time for project development and design, allowing incorporation of scope changes,
local concems, and adjustments relaUng to budget.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 13
Mr. Kosluchar said this resolution orders the preparation of a feasibility report and preliminary
plans for ffie project. The scope of the proposed report will address pavement, street
improvements, water main, sanitary sewer, and storm sewer replacement. Staff recommends
Council's approval.
Councilmember Saeflce asked if Jackson Street between 73rd and 75'" could be added. Jackson
Street is worse than the service road.
Mr. Kosluchar said that Council can add that street to the resolution.
Councilmember Bolkcom asked if any dates were set for this project.
Mr. Kosluchar said that everyone who is subject to an assessment and involved along the
canstruction roads wi11 get a notice ]0 days prior to the open house. Right now the 16`� of
November is correct date.
Mayor Lund asked if Jackson Street was on a construction plan in the next 3-5 years.
Ma Kosluchar said he thought it was in another part of a plan but that street could be added and
if staff thinks there are better constructed streets they can be taken off the list and other segments
can be added. It doesn't hurt to add Jackson Street to this resolution.
Councilmembe� Saefke asked when Melody Manner was up for reconstruction.
Mr. Kosluchar thought maybe in 2013.
MOTION by Councilmember Saefke to adopt Resolution 2011-56. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
13. Variance Reqaest, VAR #11-02, by Wayne Dahl, DC, Generally Located at 177
Hartman Circle {Ward 3). Five Variaaces are Required in Order to Allow the
Construction of a New Attached Garage
1. Variance Reducing t6e Setback from the Ordinary High water Level from 100
Feet to 78 Feet;
2. Variance Reducing the Bluff Setback from 40 Feet to 11 Feet;
3. Variance Increasing tde Size of a First Accessory Structure from 1,000 Square
Feet to 1,900 Square Feet;
4. Variance Increasing the Size of all Accessory Structures on the Property from
1,4Q0 Square Feet to 1,900 Square Feet; and,
5. Variance Increasing the setback of an Attached Accessory Structure Located in
Front of a Home from 5 Feet to 64 Feet.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24. 2011 PAGE 14
Scott Hickok, Community Development Director, said Cazey Lyons, Architect for Wayne Dahl,
has asked for additional time to consider alternatives for this plan. The PeUtioner may need to
withdraw and reapply if an extension is not granted as they are up against a 60-day window that
is due to expire.
Mayor Lund asked how that would affect the application fee.
Mr. Hickok said if they start over, the work on the first application has already been done. They
would need to reapply.
Mayor Lund asked if they could ask for an extension and �ot reapply.
Mr. Hickok answered yes; that has happened in the past.
Councilmember Bolkcom asked why staff would not just give that option rather than reapply
and pay the additional fee.
Mr. Hickok answered that from staff s perspective it would be cleanest to have a new petition.
Councilmember Barneri asked how much the application fee was.
Mr. Hickok answered $500.
Carey Lyons, Architect, said Dr. Dahl would like to request an extension.
Mayor Lund asked what time frame they were looking at.
Mr. Lyoos said they would present a plan to Council next month.
CounciLnember Bolkcom asked if something was needed from the petitioner to take caze of this
tonight. It is unusual not to have the petitioner present.
Darcy Erickson, City Attomey, said Mr. Lyons should have something in writing from Dr. Dahl
saying he has the authority to speak on his behalf. She was not sure how much the application
was going to change and if it was significant, it would have to be brought back to the Appeals
Commission.
Mr. Hickok said this is extraordinazy. He was not certain what the time extensio� is for a
redesign or how much time was needed to contemplate comments from the Appeals
Commission. He was certain that if there were significant changes, the plan would need to be
brought back to the Appeals Commissio� and time included for staff to review the plan.
Whether or not a fee is chazged, the process will be starting over.
Councilmember Bolkcom said action would need to be taken tonight as the end of the 60 days
is October 31. Something is needed in rvriting for Mr. Lyons to tepresent Dr. Dahl.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24. 2011 PAGE 15
Attorney Erickson agreed that action needed to be taken tonight.
Mr. Hickok thought that Dr. Dahl filled out the original application so he would have to ask for
an extension or give authority to Mr. Lyons to speak on his behalf.
Councilmember Saefke said if Dr. Dahl does not come in and action is not taken tonight, the
application will have to be withdrawn and they will have to reapply.
Mayor Lund asked what changes Dr. Dah] was going to make.
Mr. Lyons said he was not anticipating any legal concems tonight. Dr. DahPs attomey created a
memo of power of attorney to Mr. Lyons, but he did not have the memo with him.
Attorney Erickson said Council has the ability to extend the terms and this item cannot be
tabled without taking action. Council can make a motion to extend the terms 60 days ar�d send a
notice in writing within the first 60 days before October 31. She did not know how substantial
the modification would be, but the Appeals Commission may need to reevaluate the new plan.
Mr. Lyons said Dr. Dahl was requesting to table the item and discuss the options that are
available.
Councilmember Bolkcom was concemed with Mr. Lyons speaking on Dr. DahPs behalf as
there was nothing saying he had the authority to do so.
Councilmember Saetke said he watched the Appeals Commission meeting and Mr. Christenson
was a business partner of Dr. Dahl. He agreed that there was no solid documentation saying Mr.
Lyons could speak for Dr. Dah1.
Mayor Lund asked what action could be taken tonight.
Mr, Hickok said the petitioner cou]d withdrawal or Council could act on the variances that aze
presented here tonight.
Mr. Lyons asked if he could take time to try to reach Dr. Dah1.
Mayor Lund said Council would take a 10 minute recess to see if Dr. Dahl could be reached to
give authority to Mr. Lyons to speak on his behalf.
A BRIEF RECESS WAS TAKEN.
Dr. Wayne Dahl, 177 Hartman Circle, appeazed and said both Mr. Christenson and Mr. Lyons
had full authority to act on his behal£ He thanked Council for their ful] consideration.
Mayor Luad asked if Dr. Dahl was asking for an extension.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24. 2011 PAGE 16
Dr. Dahl said Mr. Hickok made a suggestion at the Appeals Commission that would not require
as many variances and they are looking at that plan. Mr. Lyons is trying to get a presentation
together of another potential location. There will be two options, one that requires a variance
and one that does not.
Councilmember Bolkcom asked if he was asking for an extension tonight to gather more
information or to change the entire plan. If the original plan is changed drastically it will need to
be sent to the Appeals Commission for review.
Dr. Dahl said that Plan A was already submitted and needs several variances. Pian B would
meet all the requirements and would not have to go through the Appeals Commission. Plan B
would have to go back through the building process to see if it is conforming. Plan B may
require one variance but Plan A is the best plan despite the variances that are needed.
Mayor Lund said that if a new plan is submitted, it will have to run through the Appeals
Commission.
Dr. Dahl said that would be okay, timing is not an issue because he would not be building
anything until spring.
Attorney Erickson was concerned as Council had to make a final decision on Plan A. If a new
plan is submitted it will have to go through the formal process. The City needs a cleari record
and a final decision within statutory time and City review processes.
Mr. Hickok agreed. He said an analysis has been done on Plan A and he was noi certain he was
hearing anything new and differentthat warrants an extension for Plan A. A decisio� on Plan A
needs to be made tonight.
Couucilmember Bolkcom said in the past, Council has had individuals request variances and
waited a longer time, and the plan was changed so it did not need all the vaziances that were
originally requested.
Mr. Hickok said correct. There have been situations where there were three variances reduced
to one, but the revised plan was consistent and better than the plan that was presented to the
Appeals Commission. He was not cleaz in this case if significant changes were being made that
should go back to the Appeals Commission. If that is the case, the Appeals Commission will
have to review it and bring it back to Council. Currently there aze no petitions for November for
the Appeals Meeting. He was concerned about bringing something back to Council that needed
an Appeals recommendation.
Councilmember Bolkcom said they could come back November 14 with a totally different plan
and Council could act on the original vaziance at that time. The new Plan B will have to go back
to the Appeals Commission.
Mr. Hickok suggested the petitioner come back with a new application after Council acts on the
original petition.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 17
Councilmember Bolkcom asked if Council could act on the variance that is before them tonight
in two weeks.
Attorney Erickson said Council could authorize an extension within the first 60 days. Any Plan
B submitted would have to go though the appropriate staff to make sure it is complete.
Dr. Dah1 said the new Plan B basically takes Plan A and moves the structure to meet all setbacks
and nanow down the variance. This plan is more compliant and only needs one or two
variances. This is due to a suggestion by Mr. Hickok.
Mayor Lund said tonight Council is to work on the variance request on the agenda. It will
either need to be removed or started over again with a new application. If the petitioner wants
Plan A, it either needs to be withdrawn or Council votes on the variances.
Dr. Da61 said he is not formally prepared to give any new information for Plan A. Mr. Lyons
does not have any new drawings.
Mayor Lund said the information presented at the public hearing is what is used for Council to
make their decisian. If there is any new information it can be presented now, but Council has
reviewed the Appeals Commission meeting minutes or viewed the DVD and is prepared to vote
based on that information.
Dr. Dah{ said he would rather Council vote on the information that was presented and not
withdrawal.
Councilmember Bolkcom clarified that the options are to withdraw, vote on the vaziances or
extend the petition to November 14 for Plan A and the petitioner could bring back additional
information for Plan A at that time.
William Burns, City Manager, said this is different from the normal process. They aze
appealing the Appeals Commission decision.
Councilmember Barnette asked what the pwpose was of waiting 60 days if the petitioner
cannot change Plan A.
Councilmember Bolkcom said Dr. Dahl is asking to extend Plan A to bring forth additional
information.
Councilmember Barnette said he cannot change Plan A. It wil] need to be thrown out if he
changes it and he will have to start all over.
Mr. Hickok said that historically there have been things done to other requests that have
improved and brought the variance request down, but what he is hearing Dr. Dahl say is that they
aze bringing in a new plan, a second option to compare to Plan A. This is not a good use of an
extensioa If the extension would lead them to withdraw it would be okay, but if they come back
and compaze two options; then it is not good.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24 2011 PAGE 18
Dr. Dahl asked why he does noi have the right to ask for all the options that are available;
withdrawal, ask for a vaziance or have Council vote on the variances.
Mayor Lund said Dr. Dahl has the right to ask for one of the options but Council has the right to
grant it. The Appeals Commission heard the case and took the testimony, now Council is
supposed to affirm what the Appeals Commission voted on or not. This is not a whole new
process.
Dr. Dahl said he would like to present to the City Council rather than just three people on the
Appeals Commission.
Dr. Buras was not sure if this item oould be scheduled for the November 14 meeting.
Attomey Erickson said Council has the option to extend an additional 60 days and Council will
need to limit the extension to case number ] 1-02.
Mr. Hickok said if a new plan is submitted, it would need to go to the Appeals Commission
within the 60-day window. The Appeals Commission meets on December 7, and if a new plan is
submitted, staff would need to know in advance to have time to prepare for that meeting. A new
plan would need to be submitted by November 23 to wanant enough time for staff review the
plan before going to the Appeals Commission.
Mayor Lund asked if Dr. Dahl understood that timing and request from staff.
Dr. Dahl answered yes.
Councilmember Bolkcom thought the deadline should be moved to November 21 because of the
holidays.
Mr. Hickok agreed to change the date to November 21 to determine if it has to go back to the
Appeals Commission on December � and then it would be on the Counci] agenda on December
12. This is a tight hirnaround time for a staff report but it can be done.
Councilmember Bolkcom said the Appeals Commission is cancelled for November so that does
noY give many ahernatives for dates.
MOTION by Councilmember Bolkcom to extend the 60-day review period of Variance
Request, VAR # 11-02 an additional 60 days as permitted by Statute 15.99 and the applicant, Dr.
Dahl, is to submit materials on the variance to Ciry staff no later than November 21, 2011.
Second by Councilmember Varichak.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER VARICHAK AND COUNCILMEMBER BOLKCOM VOTING
AYE, AND COUNCILMEMBER SAEFKE VOTING NAY, MAYOR LUND DECLARED
THE MOTION CARRIED ON A 4 TO 1 VOTE.
FRIDLEY CITX COUNCIL MEETING OF OCTOBER 24. 2011 PAGE 19
14. Informal Status Reports.
Councilmember Saefke said that the MN Depar[ment of Transportation sent a memo to the
Director of Public Works that Highway 65 wil] be dosed this weekend as they work on
replacement of the railroad crossing near Rice Creek. More detailed infottnation can be found at
www.511 mn.ore.
Mayor Lund said Pumpkin Night in the Pazk was held on Saturday at Springbrook Nahue
Center, and it was well attended. There were over 3,500 participants.
ADJOURN:
MOTION by Councilmember Barnette to adjoum. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT ]0:00
P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
(.=� AGENDA ITEM
U CITY COUNCIL MEETING OF
�y� NOVEMBER 7, 2011
TO: WILLIAM W. BURNS, CITY MANAGER��I�
FROM: DARIN R. NELSON, F{NANCE DIRECTOF�
CRAIG A. ELLESTAD, ACCOUNTANT
SUBJECT: MODIFICATIONS TO THE 2011 BUDGET
DATE: October 25, 2011
Attached you will find a resolution amending appropriations to the 2011 budget in
accordance with the City Charter.
The adjustments listed have arisen as a result various 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.
DRN/ce
Attachment
1
Resolution No. 2011 -
A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS
FOR THE 2011 BUDGET FOR JANUARY THRU OCTOBER, 2011
WHEREAS, the City of Fridley has i�volved 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 2011.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that
the following funds will be amended as follows:
GENERAL FUND
REVENUE ADJUSTMENTS
Pol ice-Rei mbu rsement
Police-Donation
Police-Reimb u rse men t
Pol ice-Rei mbu rsement
Pol ice-R ei mbursement
Emer Mgm't-Reimbursement
Emer Mgm't-Reimbursement
Emer Mgm't-Reimbursement
Fire-Reimbursement
Fire-ponations
Fire-Reimbursement
APPROPRIATION ADJUSTMENTS
Police-Other Services & Charges
Police-Supplies
Police-Personal Services
Police-Personal Services
Police-Personal Services
Emer Mgm't-0ther Services & Charges
Emer Mgm't-Other Services & Charges
Emer Mgm't-Supplies
Fire-Personal Services
Fire-Other Services & Charges
Fire-Other Services 8, Charges
Fire-Supplies
Fire-PersonaV Services
Assessing-Personal Services
Assessing-Other Services & Charges
1,530
2,500
2,716
7,50D
15, 774
3,520
2,625
225
2,801
2, 500
2,277
:[ci'I�9
Anoka County
Walmart
Federal Grant
Anoka County
Federal Grant
Federal Grant
EMPG Grant
EMPG Grant
North Metro Fire
CenterPoint Energy
North Metro CAT
1,530 DetoxTransportation
2,500 Shop With A Cop
2,716 Safe & Sober
7,500 AnokalHenn DTF
15,774 Operation NightCap
3,520 Defense Sirens
2,625 Projector-Emer Ops Room
225 Various Supplies
1,791 Full-Time OT
365 Utilities
645 Law� care
2,500 Boots 8 Helmets
2,277 Full-Time OT
-13,942 Full Time Employee
13,942 Village Green Appraisal
0
2
The following 6udget reappropriation for the Police depaRment is due to Union coniracis
settled that were not included in the 2011 budget. It also includes the additional expense
incurred regarding the July 16th, 2011 BNSF derailment response.
REVENUE ADJUSTMENTS
Fund Balance
APPROPRIATION ADJUSTMENTS
Police-Personal Services
Police-Personal Services
Police-Personal Services
Police-Personal Services
Police-Personal Services
�
31,286
8,280
583
5,698
1 247
47.094
Non Budgeted Expenses
Full Time Employee
Full Time Overtime
Medicare
PERA
Workers Comp
The following budget reappropriation is in regards to the tornado that hit Fridley in May.
FEMA will be reimbursing the City for these expenditures. However, we do not know
when that will occur. So at this point we are funding these expenditures with fund
balance and will replace the fund balance with proceeds from FEMA when received.
REVENUE ADJUSTMENTS
Fund Balance
APPROPRIATION ADJl1STMENTS
Emerqencv Services:
Fire-Personal Services
Police-Personal Services
Streets-Personal Services
Parks-Personal Services
Police-Supplies
Fire-Supplies
Streets-Supplies
Debris Cleanun:
Streets-Personal Services
Parks-Personai Services
Streets-Other Services 8 Charges
Parks-Other Services & Charges
Streets-Supplies
Streets-Supplies
Park Reoairs:
Parks-Supplies
Parks-Other Services & Charges
:k��
2, 743
4,643
2,245
789
1,243
2,781
4,239
2,287
1,631
1,580
6,607
4,000
4, 500
10.074
14.212
63.574
3
Non Budgeted Expenses
Paid On-Call Wages
Overtime
Overtime
Seasonal Wages
Fuel
Repair 8 Maintenance
Fuel
Overtime
Seasonal Wages
Services Contracted
Services Contracted
Fuel
Repair & Maintenance
Repair & Maintenance
Services Contracted
GENERAL FUND and FRIDLEY COMMUNITY CENTER FUND
This budget reappropriation is needed due to GASB 54
REVENUE ADJUSTMENTS
Transfer In From Other Funds 23 467 Transfer from FCC Fund 255
APPROPRIATION ADJUSTMENTS
Other Financing Uses 23.467 To General Fund 701
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
7th DAY OF NOVEMBER, 2011.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
C�
SCOTTJ.LUND-MAYQR
. .-
i. 4 AI
TO:
FROM:
DATE:
SUBJECT:
AGENDAITEM
CITY COUNCIL MEETING OF NOVEMBER 7, 2011
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
November 2, 2011
Resolution to Approve MnDOT Agency Agreement 99892
PW11-070
The City has received the attached draft agreement from MnDOT, along with a letter requesting
approval of the attached resolution to allow execution of the agreement. This agreement replaces an
existing agreement between the City of Fridley and MnDOT, approved in 2004, that allows the City to
perform under a Delegated Contract Process to complete transportation projects receiving federal aid.
Under this agreement, MnDOT is identified to act as the City's agent in accepting federal aid. This
agreement is intended to cover all future federally funded projects that the City of Fridley is involved in
until revisions are needed to the agreement.
Essentially, the agreement allows the City to work directly with MnDOT on administrative matters
relating to federally funded transportation projects, ratherthan having to work with the FHWA. It ailows
more expeditious and responsive contract administration when federal monies are involved in projects.
I spoke to MnDOT staff, and they indicate that the main revisions in this agreement from our previous
agreement include the addition of Section I.J.1. This language is required by federal FFATA law and
must be included in all federally funded project agreements as of October 1, 2010.
All 87 state aid cities that use the Delegated Contract Process have received this agreement with the
same modifications in language.
We ask that the City Council move to approve the attached resoluUon directing the City Manager and
the Director of Public Works to execute MnDOT Agency Agreement 99892 to provide for a Delegated
Contract Process.
JP�k
Attachments
5
RESOLUTION NO. 2011-
RESOLUTION TO APPROVE AN AGREEMENT WITH THE
MINNESOTA DEPARTMENT OF TRANSPORTATION
TO PROVIDE FOR A DELEGATED CONTRACT PROCESS
WHEREAS, the City of Fridley and the Minnesota Departrnent of Transportation (MnDOT) entered into an
agency agreement in 2004 to establish a delegated contract process to administer transportation projects that
included federal funds, and
WHEREAS, MnDOT from time to time updates language in this otherwise ongoing delegated contract process
agreement, and
WHEREAS, MnDOT has proposed revisions to the existing delegated contract process agreement (MnDOT
Agreement No. 87354) currently in force with the City of Fridley, and
WHEREAS, the proposed agreement (MnDOT Agreement No. 99892) allows the City to work directly with
MnDOT oa administrative matters relating to federally funded transportation projects and allows more
expeditious and responsive contract administration when federal monies are involved in projects,
NOW TIIEREFORE BE IT RESOLVED, that pursuant to Minnesota Stat Sec. 16136, the Commissioner of
Transportation be appointed as Agent of the City of Fridley to accept as its agent, federal aid funds which may be
made available for eligible transportation related projects, and
BE IT FURTHER RESOLVED, the City Manager and the Director of Public Works of the City of Fridley, Anoka
County, Minnesota, aze hereby authorized and directed for and on behalf of the City to execute and enter into an
agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid
participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No.
99892", a copy of which said agreement was before the City Council and which is made a part hereof by
reference.
PASSSED AND ADOPTED BY THE CITY COiJNCIL OF THE CITY OF FRIDLEY THIS 7�` DAY of
NOVEMBER, 2011.
ATTESTED
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND - MAYOR
RESOLUTION NO. 2011-
RESOLUTION TO APPROVE AN AGREEMENT WITH THE
ASINNESOTA DEPAR'I'MENT OF TRANSPORTATION
TO PROVIDE FOR A DELEGATED CONTRACT PROCESS
WHEREAS, the City of Fridley and the Minnesota Departrnent of Transportation (MnDO"I) entered into an
agency ageement in 2004 to eshblish a delegated contract process to administer transportation projects that
included federal funds, and
WHEREAS, MnDOT from time to time updates language in this otherwise ongoing delegated contract process
ageement, and
WHEREAS, MnDOT has proposed revisions to the eacisting delegated contract process agreement (MnDOT
Agreement No. 87354) currently in force with the Ciry of Fridley, and
WHEREAS, the proposed agreement (MnDOT Agreement No. 99892) allows the City to work directly with
MnDOT on administrative matters relating to federally funded transportation projects and allows more
expedirious and responsive contract adminislration when federal monies are involved in projects,
NOW Tf�REFORE BE IT RESOLVED, that pursuant to Minnesota Stat Sec. 16136, the Commissioner of
Transportation be appointed as Agent of the City of Fridley to accept as its agent, federal aid funds which may be
made available for eligible �ansportation related projects, and
BE IT FURTf�R RESOLVED, the City Manager and the Director of Public Works of the City of Fridley, Anoka
County, Minnesota, are hereby authorized and directed for and on behalf of the City to execute and enter into an
agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid
participation as set forth and contained in "Miunesota DepaRment of Transportation Agency Agreement No.
99892", a copy of which said agreement was before the City Council and which is made a part hereof by
reference.
PASSSED AND ADOPTED BY Tf� CITY COiJNC1L OF TE� CTTY OF FRIDLEY THIS 7'" DAY of
NOVEMBER, 2011.
. r/i�..
DEBRA A. SKOGEN - CITY CLERK
C
SC01T J. LLIND - MAYOR
.y'"ea°tr
�����
��
Minnesota Deparlment of Transportation
State Aid for tocal Transportation
395 John Ireland Boulevard, MS 500
Saint Paul, MN 55155
October 28, 2011
Jim Kosluchar
Fridley Ciry Engineer
6431 University Avenue NE
Fridley MN 55432
SUBJECl': Agency Delegated ContracUng Process Agreement
Agency Agreement No. 99892
Dear Mr. Kosluchar:
Attached are three copies of the agency agreement between the City of Fridley and MnDOT,
which allows for MnDOT to act as the City's agent in accepting federal aid. This agreement is
intended to cover all federally funded projects that the Ciiy of Fridfey is awarded funds for untit
revisions are needed to the agreement. It supersedes the agreement executed in or about
2003, which is referenced in this agreement. There are not supsta�tial changes to the
agreement, There is a more clear reference to the DCP checklist as well as requirements and
references to other State Aid policies and procedures rather than MnDOT's. I also get frequent
caNs questioning the CFDA number for ihe projects so I added that information.
While I do not anticipate that the requirements in Section I.J.1 will apply to you, the language
required by federal law and must be included in all federaily funded project agreements as of
October 1, 2010. Please review the agreement and 'rf approved, have all three copies signed.
A Councit resolution similar to the attached example must be passed. The certifed resolution
should then be piaced as ifie last page in each of ihe three copies of the agreement. Please
verify that the pe�sonftitle authorized to sign as stated in the resolution, corresponds to the
signature (perso�ttitle) on the signature page. Please return alf three copies of the agreement to
me for MnDOT signatures. A fully executed copy wiil be returned to you.
If you have any questions or need any revisions, please feel free to contact me at
651.366.3822.
Sincerely,
���+
Lynnette Rosheil, PE
Project Development Engineer
Enclosures
cc: Greg Cough{in DSAE
File
MnDOi Agreement No. 99892
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF FRIDLEY
FOR FEDERAL PARTICIPATION IN CONSTRUCTION
This agreeme�t is entered into by and between the City of Fridiey and the State of
Minnesota acting through its Commissioner of Transportation ("MnDOT"),
Pursuant to Minnesota Statutes Section 161.36, the City desires MnDOT to act as the
City agent in accepting federal funds on the City behalf for fhe constructio�,
improvement, or e�hancement of transportation financed either in whole or in part by
federal funds, hereinafter referred to as the "Project(s)"; and
This agreement is intended to cover all fedecal aid projects initiated by the City and
therefore has not specific State Project number tied to it, and
i-he Catalog of Federa2 Domestic Assistance number or CFDA number is 20.205, and
This agreement supersedes agreement number 87355 and;
MnDOT requires that the terms and conditions of fhis agency be set forth in an
agreement.
THE PARTIES AGREE AS FOLLOWS:
I. DUTIES OF THE CITY
Q
DESIGNATION. The City desig�ates MnDOT to act as its agent in accepting
federal funds in fts behalf made availabie for the Project(s). Details on the
required processes and procedures are ava+lable on the State Aid Website
B. STAFFING.
The City will fumish and assign a publicly employed licensed engineer,
("Project Engineer"), to be in responsible charge of the Project(s) and to
supervise and direct the work to be performed under any constuction
contract let for the Project(s). In the altemative where the City elects to use a
private consultant for construction engineering services, the City will provide
a quai�ed, full-time pubiic employee of the City, to be in responsible charge
of the Project(s). The services of the City to be performed hereunder may not
be assigned, sublet, or transferred unfess the Ciiy is naf�ed in writing by
MnDOT that such action is permitted under 23 CFf2 1.33 and 23 CFR
835.i05 and state law. This written consent wili in no way relieve the City
(Mn�OT Agreement No- 99892)
Page i
MnDOT Agreement IVo. 99892
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATtON
AND
THE CITY OF FRIDLEY
FOF2 FEDERAL PARTICIPATION IN CONSTRUCTION
This agreement is entered into by and between the City of Fridley and the State of
Minnesota acting through its Commissioner of Transporlalion ("MnDOT'),
Pursuant to Minnesota Statutes Section 161.36, the City desires MnDOT to act as the
City agent in accepting federal funds on ihe City behalf for the construdion,
improvement, or enhancement of transportation financed either in whole or in part by
federal funds, hereinafter referred to as the "Project(s)°; and
This agceement is +ntended to cover alf Sederal aid projects initiated by the City and
therefore has not specific State Project number tied to it, and
Tfie Catalog of Federal Domestic Assistance number or CFDA number is 20.205, and
This agreement supersedes agreement number 87355 and;
MnDOT requires that the terms and oondiCwns of this agency be set forth in an
agreement.
THE PARTIES AGREE AS FOLLOWS:
L DIfTfES OF THE C1TY
A.
DESIGNATION. The City designates MnDOT to act as tts agent in accepting
federai funds in its behalf made available for the Project(s). Details on the
required processes and procedutes are ava+labie on the State Aid Website
B. STAFFING.
The City will fumish and assign a pu6lidy employed ticensed engineer,
("Project Engineer'�, to be in responsible charge of the Project(sj and to
supervise and direct the work to be performed under any construction
co�tract let for the Project{s). in the altemative where the City efects to use a
private consuftant for construction engineering services, the City wiil provide
a qual�ed, fuil-time public employee of the City, to be in responsible charge
of the Pro}ect(s). The services of the City to be performed hereunder may not
be assigned, sublet, or transferred uniess the City is notified in wtitiag by
MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR
635.105 and state law. This written consent wiil in no way relieve the City
8 (MnDOi Agrartian No. 99892)
��
from its primary responsibility for perFortnance of the work.
2. During the progress of ihe work on the Project(s), the City authorizes its
Project Engineer to request in writing specific engineering and/or technical
services from MnDOT, pursuant to Minnesota Statutes Section 161.39. Such
services may be covered by other technical service agreements. If MnDOT
furnishes the services requested, and 'rf MnDOT requests reimbursement,
then the City will promptly pay MnDOT to reimburse the state trunk highway
fund for the full cost a�d expense of fumishing such services. The costs and
expenses will inciude the current MnDOT labor additives and overhead rates,
subject to adjustment based on actual direct costs that have been verified by
audit. Provision of such services wiil not be deemed to make MnD07 a
principal or co-principal with respect to the Project(s).
C. LETTING. The City will prepare construction contracts in accordance with
Minnesota law and applicable Federal laws and regulations.
The City will solicit bids after obtaining written notification from MnDOT that
the Federal Highway Administration (°FHWA°) has authorized the Project(s).
Any Project(s) advertised prior to authorizatio� wil! not be eligible for federat
reimbursement.
2. The City will prepare the Proposal for Highway Construction for the
construction contract, which will include ali of the federai-aid provisions
supplied by MnDOT.
3. The City will prepare a�d publish the bid solicitation for the Project(s) as
requi�ed by state and federal laws. The City will include in the solicitation the
required language for federal-aid construction contracts as supplied by
MnDOT. The solicitation wiil state where the proposals, plans, and
specifications are available for the inspection of prospective bidders, and
where the City wi�l recei�e the sealed bids.
4. The City may not include other work in the construction contract for the
authorized Project(s) without obtaining prior notification from MnDOT that
such work is allowed by FHWA. Failure to obtain such notification may result
in the loss of some or all of the federal funds for the Project(s).
5. The City wili prepare and sell the pian a�d proposat packages and prepare
and distribute any addendums, if needed.
6. The City will receive and open bids.
7. After the bids are opened, the City Council wi{I consider the bids and will
award the bid to the lowest responsible bidder, or reject ail bids. If the
construction contract contains a goal for Disadvantaged Business
Enterprises, the City will not award the 6id unti4 it has received certification of
the Disadvantaged Business Enterprise participafion from the MnDOT Equal
Employment Opportunity Offiice.
0_ CONTRACT ADMINISTRATION.
9 (MnDOTAgrmmrntNO- 99892)
Page 2
1. The Ci1y will prepare and execute a construction contract with the lowest
responsible bidder, hereinafter referred to as the "Contractor," in
accordance with the special provisions and fhe latest edition of MnDOT's
Standard Specifications for Construction and ail amendments thereto.
2. The Project(sj wiil be constructed in accordance with platts, special
pro�isions, and standard specifications of each Project. The standard
specifications will be the latest edition of MnDOT Standard Specifications
for Highway Construction, and all amendments thereto. The pians, speciai
provisions, and standard specifications will be on file at the City Engineer's
Office. The plans, special pro�isions, and specifications are incorporated
into this agreement by reference as though fully set forth herein.
3. The Cify witl furnish the personnet, services, supplies, and equipment
necessary to properly supervise, inspect, and document the work for the
Project(s). The senrices of the City to be performed hereunder may not be
assigned, sublet, or transferred unless the City is notified in writing by
MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR
635.105 and state law. This written consent wiil in no way relieve the City
from its primary responsibility for performance of the work.
4. The City will document quantities in acxordance with the guidelines set iorth
in the Construction Section of the Electronic State Aid Manual that were in
effect at the time the work was pertormed.
5. The City will test materials in accordance with the Schedule of Materials
Control in effect at the time each Project was let. The City wili notify
MnDOT when work is in progress on the Project(s) that requires
observation by the Indepe�dent Assurance Inspector as required by the
independent Assurance Schedule.
6. The City may make changes in the plans or the character of the work, as
may be necessary to complete the Project(s), and may enter into
suppiemental agreement(s) with the Contractor. The City will not be
reimbursed for any costs of a�y work performed under a supplemental
agreement unless MnDOT has notified the City that the subject work is
eligible for federal funds and sufficient federal funds are available.
The City wiil request approval from MnDOT for all costs in excess of the
amount of federal funds previously approved for the Project(s) prior to
incurcing such costs. Failure to obtain such approval may result i� such
costs being disallowed for reimbursement,
8. The City will prepare reports, keep records, and perform work so as to
enable MnDOT to collect the federal aid sought by the City. Required
reports are tisted in the MnDOT State Aid Manual, Delegated Contract
Process Checklist, available from MnD07's authorized representative. The
City will retain all records and reports in accordance w'rfh MnDOi's record
retention schedule for federal aid projects.
9. Upon compfetion of the Project(s), the Project Engineer will determine
whether the work will be accepted.
(MnDOT Agrcement No. 99892)
Pege 3
1. The City will prepare and execute a construction contract with the lowest
responsible bidder, hereinafter referred to as the "Contractor,° in
accordance with the speciai provisions and the latest edition of MnDOT's
Standard Specifications for Construction and all amendments thereto.
2. The Project(s) will be constructed in accordance with plans, special
provisions, and standard specifications of each Project. The standard
specifications will be the latest edition of Mn�OT Standard Specifications
for Highway Construction, and all amendments thereto. The plans, special
provisions, and stasidard specificatians will be on file at the City Engineers
Office. The plans, special provisions, and specifications are incorporated
into this agreement by reference as though fully set forth herein.
3. The City will fumish the personnei, services, supplies, and equipment
necessary to properly superv sise, inspect, and document tfie work for the
Project(s). The services of the City to be perFormed hereunder may not be
assigned, sublet, or transferred unless the City is notified in writing by
MnDOT that such action is pertnitted under 23 CFR 1.33 and 23 CFR
635.105 and state law. This written consent will in no way relieve the City
from Rs primary responsibility for perfortnance of the work.
4. The City will document quantities in aa:ordance with the gutdelines set fath
in the Construcfion Section of the Eledronic State Aid Manual that were in
effect at the time the work was pertormed.
5. The City wili test materials in accordance with the Schedule of Materials
Control ia effect at the time eacfi Project was let. The City will notity
MnDOT when work is in progress on the Project(s) that requires
observation by the Independent Assurance Inspector as required by the
Independent Assurance Schedule.
6. The City may make changes in the pia�s or the character of the work, as
may be necessary to complete the Project(s), and may enter into
suppiemental agreement(s) with the Conhactoc The City wili not be
reimbursed for any costs of any work perfoRned under a suppiemental
agreement unless MnDOT has notified the City that the subject work is
eligible for federal funds and sufficient federal funds are availabie.
The City will �equest approval from MnDOT for ati costs in excess of the
amount of federal funds prev'ausly approved for the Project(s} prior to
incurring such costs. Failure to obtain such approval may result in such
costs being disalbwed for reimbursement.
8. The Ciry will prepare reports, keep records, and perfortn work so as to
enabfe MnDOT to coilect the federal aid sought by the City. Required
reports are listed in the MnDOT State Aid Ma�ual, Delegated Contract
Process Checklist, avaiiable from MnDOT's authorized representative. The
City will retain ail records and reports in accordance with MnDOTs record
retention schedule for federai aid projects.
9. Upon comQletion of the Project(s), the Project Engineer will determine
whether the work wili be accepted.
(MnDOT Ag`cemen[ No. 99892)
Page�
E. PAYMENTS.
1. The entire cost of the Project(s) is to be paid from federal funds made
available by the FHWA and by other funds provided by the City. The City will
pay any part of the cost or expense of the Project(s) that is not paid by
federal funds.
2. The City will prepare partial eslimates in accordance with the terms of the
consUuction contract for the Project(s). The Project Engineer will certify each
partiai estimate. Foliowing certification of the partiai estimate, the City will
make partiai payme�ts to the Co�tractor in accordance wfth the terms of the
construction contract for the Project(s).
3. Following certifiqtion oi the partial estimate, tfie City may request
reimbursement for costs eligible for federal funds. The City's request will be
made to MnDOT and wiil include a copy of the certified partial estimate.
4. Upon completion of the Project(s), the City wii! prepare a final estimate in
accordance with the terms of the construction contract for the Project(s). The
Project Engineer wilf cert'rfy the final estimate. Following certification of the
final estimate, the City wilt make the final payment to the ConUactor in
accordance with the terms of the construcfion coniract for the Project(s).
5. Following certification of the final estimate, the City may request
reimbursement for costs eiigible for federat funds. 7he City's request will be
made to MnDOT and wilt include a copy of the certified final estimate along
with the required records.
LIMITATIONS.
The City wili comply with all applipble Federal, State, a�d local laws,
ordinanCes, and regulations.
2. Nondisc�mination. It is the poticy of the Federal Highway Administration and
the State of Minnesota that no person in the United States will, on the
grounds of race, color, or national origin, be exciuded from participation in, be
denied the be�efits of, or be subjected to discrimination urtder any program or
activ'dy receiving Federai finanaal assistance (42 U.S.C. 2000d). Through
expansion of ihe mandate for nondiscrimination in Tdle VI and through
parallel legislatio�, the proscrihed bases oi discrimination include race, co{or,
sex, national origin, age, and disability. In addition, the Title VI program has
been extended to cover all programs, activities and services of an e�tity
receiving Federa4 financial assistance, whether such programs and activiiies
are Federaliy assisted or not. Even in the absence of prior discriminatory
practice or usage, a recipient in administering a program or activity to which
this part applies, is expected to take affirtnative action to assure that no
person is exGuded from participation in, or is denied the benefits of, the
program or activity on the grou�ds of race, color, national origin, sex, age, or
disabiiity. It is ihe responsibility of the Ciry to carry out the above
requirements.
��41 (MnDOT Agreemenl No. 99892)
Workers' Compensation. Any and all employees of the City or other persons
wfiile engaged in the performance of any work or services required or
permitted by the City under this agreement will not be considered employees
of MnDOT, and any and all claims that may arise under the Workers'
Compensation Act of Minnesota on behaff of said empioyees, or other
persons while so engaged, will in no way be the o6ligation or responsibility of
MnDOT. The City will require proof of Workers' Compensation Insuranae
from a�y contractor and sub-contractor.
4. Utilities. The City will treat all public, private or cooperatively owned utility
facilities which directly or indirectly serve the public and which occupy
highway rights of way in conformance with 23 CFR 645 "Utilities" which is
incorporated herei� by reference.
G. AUDIT.
The City will comply with the Single Audit Act of 1984 and Office of
Management and 8udget (OMBj circular A-133, which are incorporated
herein by reference.
2. As pro�ided under Minnesota Statutes Section i6C.05, subdivision 5, all
600ks, records, documents, and accounting procedures and practices of the
City are subject to examination by the United States Government, MnDOT,
and either the Legislative Audifor or the State Auditor as apprapriate, for a
minimum of seven years. 7he City will be responsibie for any costs
associated with the performance of the audit.
FI. MAINTEtVANCE. The CiYy assumes full responsibility for the operation and
maintenance of any facility constructed or improved under this Agreement.
CLAIMS. The City ackhowledges that MnDOT is acting only as the City's agent
for acceptance a�d disbursement of federal funds, and not as a principal or co-
principal with respect to the Project. The City will pay any and al( fawfu( claims
arising out of or incidental to the Project including, withouY limitation, claims
related to contractor selection (including the solicitation, evafuation, and
acceptance or rejection of bids or proposals), acts or omissions in performing the
Project work, and any ultra vires acts. The City will indemnify, defend (to the
extent permitted by the Minnesota Attorney Generai), and hold MnD07
harmless from any claims or c;osts arising out of or incidentai to the Project(s),
including reasonable attorney fees incurred by MnDOT. The Cify's
indemnification obligation extends to any actions related to the certification of
DBE participation, even if such actions are recommended by MnDOT.
J. Federal Funding Accountability and Transparency Act (FFATA). This Agreement
requires the City to provide supplies andlor services that are funded i� whole or in
part by federal funds that are subject to FFATA. The Ciry is responsible for
ensuring that al! applicable requirements, including but not limited to those set
forth herein, of FFATA are met and that the City provides inforrnation to ihe
MnDOT as required.
1. Reporting of Total Compensation of fhe City's Executives.
(MnDOT Agreement Na. 99842)
Page 5
3. Workers' CompensaGon. My and all employees of the City or other Qersons
while engage�l in the perfortnance of any work or services required or
permitted by the City under this agreement will not be considered employees
of MnDOT, and any and afl daims that may arise under the Workers
Compensation Act of Minnesota on behalf of said empbyees, or other
persons while so engaged, will in no way be the obligation or responsibility of
MnDOT. The Ciry witl require proof of Workers' CompensaBon Insurance
from any contractor and sub-contrador.
4. Utilities. The City will treaf all public, private or woperatively owned utility
facilities which directly or indirectfy serve the public and which occupy
highway rights of way in conformance with 23 CFR 645 "Utilities° which is
incorporated herein by reference.
G. AUDIT.
The City will comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A-133, which are incorporated
herein by reference.
2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all
books, records, documenYs, and accounting procedures and practices of the
City are subjed to examination by the United States Govemme�t, MnDOT,
and either the Legisiative Auditor or the State Auditor as appropriate, for a
minimum of seven yeats. The Cily will be responsible for any costs
associated wfth the perfottnance of the audft.
H. MAINTENANCE. The C+ty assumes full responsibility for the operation and
maintenance of any facility constructed or improved under this Agreement.
CLAIMS. The City adcnowledges that MnDOT is acting onfy as the City's agent
for acceptance and disbursement of federal funds, and not as a principal or co-
principal with respect to the Project. The City will pay any and atl lawful claims
arising out of or inadental to the Project inciuding, without limitation, claims
related to �ntrador setection {including the solicitation, evaluation, and
acceptance or rejection of bids or proposals), acis or omissions in perfortning the
Project woric, and any uitra vires acts. The City will indemnify, defend (to the
extent permitted by the Minnesota Attomey Generai), and hoid MnDOT
harmless from any Gaims or costs arising out of or incidentai to ihe Project(sj,
including reasonable attomey fees incurred by MnDOT. The City's
indemnification ob{'�gation extends to any actions related to the cert�cation of
DBE participation, even ff such actions are recomme�ded by MnDOT.
J. Federal Funding Accountability and Transparency Act (FFATA). This Agreement
requires the City to provide supp{ies andlor services that are funded in whole w in
part by federal funds that are subject to FFATA. The City is responsible for
ensuring that aii applicable requirements, includi�g but not limited to those set
forth herein, of FFATA are met and that the City provides information to the
MnDOT as required.
1. Reporting of Total Compe�sation of fhe City's Executives.
��� . (MnDOTAgrcementNo.99892)
B¢
a. The City shall report the names and total compensation of each of
its five most highly compensated executives for the City's
preceding completed fiscal year, if in the City's preceding fiscal
year it received:
3A
�
80 percent or more of the City's annual gross revenues
from Federal procurement contracts and Federal financial
assistance subject to the Transparency Act, as defined at 2
CFR 170.320 (and subawards); and
$25,0OO,OQO or mo�e in an�ual gross reve�ues from
Federal procurement contracts (and subcontracts), and
Federai financial assistance subject to the Transparency
Act (and subawards); and
The public dces not have access to information about the
compensation of the executives thcough periodic reports
filed under section 13(a) or 15(d) of the Securities
Exchange Ad of 1934 (15 U.S.C. 78m(a), 78o(d)) or
seckion 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access fo the compensation
information, see the U.S. Security and Exchange
Commission total compensation filings at
httn://www.sec.aov/answers/execomo.htm.).
Executive means officers, managing partners, or any other employees in
management positions.
b. Total compensation means the cash and noncash dollar value
eamed by the executive during the City's preceding fiscal year
and includes the following (for more information see 17 CFR
229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation
rights. Use the dollar amount recognized for financiai
statement reporting purposes with respect to the fiscai year
in accordance with the Statement of Financial Accounting
Standards No. 123 (Revised 2004) (FAS 123R), Shared
Based Payments.
iii. Eamings for services under non-equity incentive plans.
This does not include group life, health, hospitalization or
medical reimbursement plans that do not discriminate in
favor of executives, and are available generally to all
salaried empbyees.
iv. Change in pension value. This is the change in present
value of defined benefit and actuarial pension plans.
v. A6ove-market earnings on deferred compensation which is
not tax qualfied.
vi. Other compensation, if the aggregate value of all such
other compensation (e.g. severance, termination
payments, value of life insurance paid on behalf of ihe
employee, perquisites or p�operty) for the executive
exceeds $10,000.
A (MnDOT Agreemrnt No. 99892)
Paga 6
The City must report execufive tofaf compensation described above to the
MnDOT by the end of the month during which this agreement is awarded.
The City wiN obtain a Data Universa! Numbering Sysfem (DUNS) number
and maintain its DUNS number for the term of this agreement. This
number shail be provided to MnDOT on the plan review checkiist submitted
with the plans for each project. More inforrnation about obtaining a DUNS
Number can be found at: http:/ffedaov.dnb.com/webform/
4. The City's failure to comply with the above requirements is a materiai
breach of this agreement for which the MnDOT may terminafe this
agreement for cause. The MnDOT will not be obligated to pay any
outstanding invoice received from the City unless and until the City is in full
compliance with the above requirements.
II. DUTIES OF MnDOT.
A. ACCEPTANCE. MnDOT accepts designation as Agent of the City for the receipt
and disbursement of federat funds and will act in accordance herewith.
B. PROJECT ACTIVITtES.
1. MnDOT will make the necessary requests to the FHWA for authorization ta
use federal funds for the Project(s), and for reimbursement of eligible costs
pursuant to the terms of this agreement.
2. MnbOT will provide to the City copies of the required Federal-aid clauses to
be included in the bid solicitation and will provide the required Federal-aid
provisions to be included in the Proposal for Highway Construction.
3. MnDOT will review and certify the DBE paRicipation and notify the Ciiy
when certification is complete. If certfication of DBE participation (or good
faith efforts to achieve such participation) cannot be obtained, then City
must decide whether to proceed with awarding the contract. Failure to
obtain such certification will result in the project becoming ineligibie for
federal assistance, and the Ciry must make up any shortfa(I.
4. MnDOT will provide the required labor postings.
C. PAYMENTS.
1. MnDQT will receive the federal funds ta be paid by the FHWA for the
Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2.
2. MnDOT wiil reimburse the City, from said federal funds made available to
each Project, for each partial payment request, subject fo fhe avaiiabifity and
limits of those funds.
3. Upon completion of the Project(s), MnDoT will perForm a final inspection and
verify the federal and state eligibility of ali the payment requests. If the Project
is found to have been completed in accordance with the plans and
(MnD6T Agrcement No. 99892)
Page 7
2. The City must report executive total compensation desaibed above to the
MnDOT by the end of the monfh during which this agreement is awarded.
3. The City will obtain a Data Universal Numbering System (DUNS) number
and maintain its OUNS number fo� the teRn of this agreement. This
number shall be provided to MnDOT on the plan review checklist submitted
with the pians for each projec[. More information about obtaining a DUNS
Number can he found at: htto•1/fedaov dnb comlwebform!
4. The City's failure to comply with the above requirements is a material
breach of this agreement for which the MnDOT may terminate this
agreement for cause. The MnDOT wiil not be obiigated to pay any
outstanding invoice received from the Cify unless and until the City is in full
compliance with the above requirements.
II. DUTIES OF MnDOT.
A. ACCEPTANCE. MnDOT accepts designation as Agent of the City for the receipt
a�d disbursement of federal funds and will act in accordance herewith.
B. PROJECT ACTIVITIES.
MnDOT wiil make the necessary requests to the FHWA for authorization to
use federel furtds for the Project(s), and fos reimbursement of eligible costs
pursuant to the terms of this agreement.
2. MnDOT will provide to the City copies oi the required Federal-aid clauses to
be inGuded in the bid solicitation and wili provide the required Federal-aid
provisions to be included in the Proposal for Highway Construction.
3. MnDOT wili review and cer6fy the DBE participation and notify the City
when certification is complete. If certification of DBE paRicipation (or good
faith effocts to achieve sucfi participation) cannot be obtained, ihen City
musi decide whether to proceed with awarding the contract. Failure to
obtain such certification will result in the project beooming ineligible for
federat assistance, and the City must make up arry shortfall.
4. MnDOT will provide the required labor postings.
C. PAYMENTS.
1. MnDOT wili rece'rve the federat funds to be paid by the FHWA for the
Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2.
2. MnDOT wiil reimburse the City, from said federal funds made available to
each Project, for each partial payment sequest, subject to the availabitity and
limits of those funds.
3. Upo� completion of the Project(s), MnDOT wi11 perform a finai inspedion and
verify the federal and state eligibility of all the payment requests. If the Project
is found to have been completed in accordance with the plans and
14 (MnDOT Agreemart No 99892)
Page 7
specifications, MnDOT will promptly release any remaining federa! funds due
the City for the Project(s).
4. In the event MnDOT does not obtain funding from the Minnesota Legislature
or other funding soumz, or funding cannot be continued at a sufficient level to
allow for the processing of the federal aid reimbursement requests, the City
may continue the work with local funds oniy, until such time as MnDOT is
able to process the federal aid reimbursement requests.
D. AUTHORITY. MnDOT may withhold federal funds, where MnDOT or the FHWA
determines that the Project(s) was not completed in compliance with federal
requirements.
E. IfSSPECTION. MnDOT, the FHWA, or duly authorized representatives of the
state and federal govemment will have the right to audit, evaluate and monitor
the work performed unde� this agreement. The City wifl make available afl books,
records, and documents peRaining to the work hereunder, for a minimum of
seven years foflowi�g the dosing of the construction contract.
III. TORT LIABILITY. Each party is responsible for fts own acts and omissions and the
results thereof to the extent authorized by law and will not be responsible for the acts
and omissions of any others and the resufts thereof. The Minnesota Tort Claims Act,
Minnesota Statutes Section 3.736, governs MnDOT liability.
IV. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this
agreement without prior written approval of the other party.
V. AMENDMENTS. Any amendments/supplements to this Agreement will be in writing and
executed by tfie same parties who executed ihe original agreement, or their successors
in office.
VI. AGREEMENT EFFECTiVE DATE. This agreement is effective upon execution by the
appropriate 3fate officials pursuant to Minnesota Statutes Section 16G.05.
VII. CANCELLATION. This agreement may be canceled by the City or MnDOT at any time,
with or without cause, upon ninety (90) days written notice to the other party. Such
terminaiion will not remove any unfulfilled financial obiigations of the City as set forth in
this Agreement. In the event of such a cancellation the City will be entitled to
reimbursement for MnDOT-approved federally eligible expenses incurred for work
satisfactorily perFormed on the Project to the date of cancellation subject to the terms of
this agreement.
VIII. DATA PRACTICES ACT. The paRies will comply with the provisions of the Minnesota
GovemmeM Data Praetices Rct (Minnesota Statutes chapter i3) as it appiies to ait data
gathered, collected, created, or disseminated related to this Agreement.
Remainder of this page left intentionalty blank
15 ' (MnDOTAgreemen[No. 99892)
Page 8
lN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
intending to be bound thereby.
CITY OF FRIDLEY 2. �EPARTMENT OF TRANSPORTATION
City certifies that the appropriate person(s)
have executed the contract on behalf of the
City as required by appiicabie articles, By:
bylaws, resolutions or ordinances
�
Title:
Date:
Title: Director
State Aid for Locai Transportation
Date:
3. COMMISSIONER OF ADMINISTRATION
�
(Mn�OT Agreement No. 99892)
Page 9
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
intending to be bound thereby.
CITY OF FRIDLEY
City certifies that the appropriate person(s)
have executed the conVact on behalf of the
City as required by applicable artiGes,
bylaws, resolutions or ordinances
TiUe:
By:
Tdle:
Date:
2. DEPARTMENT OF TRANSPORTATION
�
Title: Oirectoc
State Aid for Local Transportation
3. COMMISSIONER OF ADMINISTRATION
�
(MnDOT Agreement No. 99892)
�B�
'•
�
QfY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 7, 2011
TO: William W. Bums, City Manager �(��
FROM: James Kosluchar, Public Works Director
Layne Otteson, Assistant Public Works Dire r
DATE: November 3, 2011
SUBJECT: Sanitary Sewer Lining Project No. 400 - Change Order No. 1(Final}
PW11-071
Attached is Change Order No. 1(Final) for the 2011 Sanitary Sewer Lining Project No. 4�0. This
change order includes additional work outside of the original contract for additional sewer main lining
work with bid items and items that could not be covered under unit price bid items. The amount of the
change order is $12,397.61.
Item #1 is for the cleaning and televising of the storm sewer pipe crossing West Moore Lake Drive
adjacent to the Middfe School. Staff requested the contractor to jet and televise the pipe in preparation
for pipe lining. The contractor cieaned and televised the main. Unfortunately, staff determined that a
majority of the pipe was not in a condition that would ailow a successful lining and open dig was
required to be pertormed at a later date. This cleaning and televisation work was perfortned on a time
and material basis for $1,690.37.
Item #2 is for additional woric to remove a sewer snake found obstructing a City sewer main. The
contractor found a sewer snake studc in a sewer service while performing pre-lining televising. The
City directed the contractor to remove it to avoid interference with the sewer main lining work. This
work was performed on a time and material basis and the cost of this work was $1,585.00.
Item #3 is for additiona1330 feet of 8" sewer lining on 75"' Avenue. After July flooding, staff found this
pipe to be failing while performing post-flood inspections. Staff observed that the pipe was found to
have open joints allowing significant infiltration of groundwater. This sewer main is located in an area
with a high water table and the pipe is approximately 25 feet deep. Staff determined the most feasible
option for correction was to have the sewer main spot repaired at failed joints by open cut construction,
and to immediately line the main after this spot repair to avoid additional joint failure. A separate
contractor provided the open cut main repair. The sewer lining contractor agreed to perfortn the tining
of the main at unit bid prices. The cost of this work was $7,956.00 including seven additional senrice
lateral reinstatements.
17
Item #4 is for additional cleaning and televising of a sewer main on Channel Road. The City received a
call from a resident that sewage was backing up in the basement. Staff immediately investigated and
found the City sewer main was blocked due to heavy roots and sewage was backing up into the
nearest house. The contractor was performing work in the area and had equipment available
immediately to clear the line. City equipment was not immediately available to clear the line. The
contractor's immediate response minimized cleanup of the residenYs basement and likely prevented
additional homes from having sewage in their basement. This work was performed on a time and
materiai basis and the cost of this work was $1,166.24.
The additional cost of this work will be paid from the 2011 Sanitary Sewer CIP generated by utility
charges, and the additional cost can be accommodated under the 2011 Sanitary Sewer CIP budget.
Staff recommends the City Council move to approve Change Order No. 1 to Veit & Company in the
amount of $12,397.61. The revised and final contract amount shall be increased to $212,149.61.
JPK/Iro
Attachment
�
CITY OF FRIDLEY
ENGINEERING DEPARTMEIVT
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432
Veit & Company
14000 Ve+t Place
Rogers, MN 55374
SUBJECT: Change Order No. 1— 2011 Sanitary Sewer Lining Project No. 4Q0
Gentlemen:
November 7. 2011
You are hereby ordered, authorized, and instructed to modify your contract for the 2011 Sanitary Sewer Lining Project
No. 400 by including the following items:
Grand ToWI S 72,397.61
Submitted and approved by James Kosluchar, Director of Pubiic Works, on the 7th day of November, 2011
James P. Kosluchar, Director of Public Works
Approved and accepted thislday of , 2011 by Veit 8 Company
Veit and Company, Representative
Approved and accepted this _day of , 2011 by the CITY OF FRIDLEY
Scott Lund, Mayor
William W. Bums, City Manager
�
D'� AGENDA ITEM
COUNCIL MEETING OF NOVEMBER 7, 2011
°"' °F CLAIMS
FRDLEY
CLAIMS
152848-152987
20
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AGENDAITEM
GITY COUNCIL MEETING OF
F �� NOVEMBER 7, 2011
LICENSES
TITPE OF LICENSE: APPLICANT: APPROVED BY:
Peddler or Solicitor License BOULDER CREEK Public Safety
BUILDERS
Chazlotte Terhaar Marketing
Manager; Leroy Cook, Jr. and
Jennifer Williams
Lawful Gambling Permit Fridley Alumni Choir Public Safery
(Quilt Raffle for Scholarships) c/o Fridiey Foundation
Wanda Hart Scholarship Co-
Chair
Recycling Solid Waste Provider Lightning Disposal Public Safety
Robert Nitti Recycling Coordinator
Ci Clerk
Chrisunas Tree Sales Bac6man's Community Development
8200 University Ave Fire Inspector
Richazd Mierva Public Safet
Menard's Community Development
5351 Central Fire Inspector
Scott McKenzie Public Safe
32
f= AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 7, 2011
°r`oF LICENSES
FRIDLEY
33
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 7, 2011
QTY OF
FRIDLEY
To: William W. Bums, City Manager
LICENSES
From: John Crelly, Fridley Assistant Fire Chief
Date: November 4, 2011
Re: Annual renewal of rental licenses
Attached is a list of 30 properties that have completed the (icense renewal process. Each property
listed has submitted a rental license application, paid all fees, and has completed the rental
property inspection process.
Staff recomme�ds that City Council approve the rental license renewal for these properties.
34
RENTAL HOUSING
ProplD: Property Address Units
2025
1104
1106
2006
1116
1454
1090
1122
1146
1147
1929
1200
1205
1998
1232
1240
1241
1242
2032
1261
2033
1755
1347
1954
2030
1379
1380
1079
2040
1575
4851 2 1/2 St. NE 1
5901 2 1/2 St. NE 4
5924 2 1/2 St. NE 7
60Q4 2 1!2 St. NE 1
5848 2nd St. NE 8
5866 2nd St. NE 4
6008 2nd St. NE 4
6530 2nd St. NE 4
5974 3rd St. NE 4
5980 3rd St. NE 4
537 54th Ave. NE 1
5365-67 5th St. NE 2
6303-05 5th St. NE 2
151 62nd Way NE 1
1640-50 68th Ave. NE 6
1560-70 69th Ave. NE 6
1590-96 69th Ave. NE 4
1600-06 69th Ave. NE 4
6281 6th St. NE 1
1619 73rd Ave. NE 24
5771 Centrai Ave. NE 1
6499 Christenson Ln. 1
7320-22 Evert Ct. NE 2
5530 Fillmore St. NE 1
6533 Lucia Ln. NE 1
5475 Main St. NE 12
5495 Main St. NE 12
1418 Meadowmoor Dr. 1
1601 N lnnsbruck Dr. (162} 1
6480 Riverview Terr. NE 2
Total # of Licenses for approval: 30
35
Owner
Jean Jackson
Paul Robeck
Yee Tee Wang
Patricia M. Miller
Cedar Management
Dan Netko
ACCAP
Phuntsok D. Tsawog
The Schaff
The Schaff
Kristopher Long
FJR Capitai, LLC
Fridley Apartments
Brian J. Lokkesmoe
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Value Homes, LLC
AZAMKO PROPERTIES
Karyn Kroening
Andrew & Christina McCarthy
Gregg & Lois Johnson
Christoper Jaede
Sandra J. Steinberg
Clover Management
Clover Management
Berisso Bekuto
Lukas Adams
Edward P. Fragale
f = AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 7, 2011
°'Y °F ESTIMATE
FRIDLEY
Shank Constructors, Inc.
3501 — 85�' Avenue North
Brooklyn Pazk, MN 55443
WTP 3 Filter and Chemical Feed Project No. 405
Estimate No. 1 ....................................................................................... $ 152,069.35
36
` AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 7, 2011
CRY OF
FRIDLEY
INFORMAL STAlUS REPORTS
37