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CCA 12/10/2012 CITY COUNCIL MEETING OF DECEMBER 10, 2012 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATIONS TO DR. WILLIAM BURNS. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Resolution Approving a Joint Powers Agreement between Anoka County and the Municipalities, Townships, and School Districts in Anoka County to Allocate Costs for Election Expenses, and Authorizing the Mayor and City Manager to Execute Said Agreement ............................................................................................ 1 - 14 2. Resolution Supporting Participation in the “Fire and Rescue Shared Services Feasibility Study Grant Program” with the Cities of Columbia Heights and Saint Anthony and Authorizing Application for the Fire and Rescue Shared Services Feasibility Study Grant ....................................................................................................... 15 - 16 3. Approve 2013 Animal Control Contract between the City of Fridley and Brighton Veterinary Hospital ................................................... 17 - 21 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 2 NEW BUSINESS (CONTINUED): 4. Approve Contract for Towing, Impounding and Storage of Motor Vehicles between the City of Fridley and Schmit Towing, Inc. ................................................................... 22 - 29 5. Appointments to Commissions ..................................................................... 30 6. Claims (157543 – 157677) ........................................................................... 31 - 42 7. Licenses ....................................................................................................... 43 - 44 8. Estimates ..................................................................................................... 45 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda – 15 minutes. NEW BUSINESS: 9. Approve Cooperative Agreement between the City of Fridley and Great River Greening to Improve the Upland Habitat at the Springbrook Nature Center ............................................................................................... 46 - 51 PUBLIC HEARING: 10. Preliminary Assessment Hearing for Street Rehabilitation Project No. ST2013-01 .......................................................... 52 - 53 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 3 NEW BUSINESS: 11. Resolution Ordering Final Plans, Specifications and Calling for Bids: 2013 Street Rehabilitation Project No. ST2013-01 ................................................................................. 54 - 57 12. First Reading of an Ordinance Amending Chapter 205, Section 205.03, Defining “Crematory,” “Mortuary” and “Retort” and Section 205.15, Allowing “A Crematory in Conjunction with a Mortuary” as an Accessory Use in the C-3, General Shopping Zoning District (Text Amendment Request, TA #12-02, by Miller Funeral Home) .......................................................................................................... 58 - 61 13. Approve Change Order No. 1 for 2012 Sanitary Sewer Lining Project No. 416 ....................................................................... 62 - 65 14. Resolution Certifying Final Tax Levy Requirements for 2013 to the County of Anoka ................................................................... 66 - 67 15. Resolution Adopting the 2013 Final Budget ................................................. 68 - 70 16. Resolution Providing for Water Rate Change ............................................... 71 - 74 17. Resolution Providing for a Storm Water Drainage Rate Increase ............................................................................................... 75 - 77 18. Resolution Providing for Sewer Rate Change .............................................. 78 - 80 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 4 NEW BUSINESS (CONTINUED): 19. Resolution Approving Recycling Service Fees ............................................. 81 - 82 20. Resolution Creating a Council Policy Regulating Gifts, Donations and Sponsorships to the City of Fridley ............................................................... 83 - 85 21. Resolution Approving the 2012 Gifts, Donations and Sponsorships to the City of Fridley ............................................................................................................ 86 - 89 22. Informal Status Report ................................................................................. 90 ADJOURN. AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 To: William W. Burns, City Manager From: Darin R. Nelson, Finance Director Debra A. Skogen, City Clerk Date: December 6, 2012 Re: Resolution Approving Joint Powers Agreement Between Anoka County and the Municipalities, Townships and School Districts in Anoka County to Allocate Costs for Election Expenses and Authorizing the Mayor and City Manager to Execute said Agreement In 2000, the City purchased the Accuvote Precinct Optical Scan System for elections, along with all of the other Cities in Anoka County. The election equipment is 12 years old and the time has come to replace the system. The equipment and its software run in a DOS platform which no longer supported. New units and parts are no longer available in the marketplace. The most unstable component is the County's system server, also operating on a DOS platform, which cannot be replaced. The software that drives the system will not run in a more modern environment. The time has come to replace the system with a new voting equipment system at the earliest opportunity. Anoka County has been working toward a complete system replacement scheduled for early 2013. They have collaborated with Election Managers of several other Minnesota Counties and with the Office of the Secretary of State (OSS) to determine the needs and options, and opportunities for growth. They have also procured grant funds issued through the Help America Vote Act to partially offset the cost of the replacement. Changes in election law, technology and equipment certification standards have affected not only the technology we use, but the business model of system vendors. During the planning process the County considered many factors and worked to engage their partner Cities and School Districts in discussions. The result is a proposal to enter into a Joint Powers Agreement (Agreement), as shown in Attachment 1, which addresses the purchase. In addition, it also establishes a model for delivery of election services within Anoka County. Equipment The Agreement, which received unanimous approval at the Anoka County Board on November 27th, establishes Anoka County as the sole-owner of the system to more effectively manage the vendor contracts and administrative tasks that apply county-wide. Rather than transferring ownership of individual components to the Cities, Townships and School Districts, Anoka County would collect a fee to supplement the system costs over a period of ten years. The proposed fee will be based on actual (and defined) capital and operating costs of the voting system. It is proposed that the Cities would pay 30%, the School Districts 15% and Anoka County 55% of the total cost. The fees for each unit of government were established based on the population from the 2010 census. The projected fees over the next ten years is shown in Exhibit A. It shows costs for the City of Fridley are estimated to be about $2,000 lower than the purchase made in 2000. Cost Sharing Plan Minnesota Statutes require the OSS to develop a cost sharing plan for jurisdictions that share the same ballot. The plan allows Cities to invoice School Districts according to a complex formula for services that are not well defined. Jurisdictions can choose to use either the OSS cost sharing plan or share costs according to a negotiated agreement, as long as that agreement addresses all expenses included in the OSS plan. The only time the City has invoiced the School Districts in the past was for election judge services in an odd year election if the City's special election was at the same time as the School District's election. This Agreement addresses each duty spelled out in the OSS cost sharing plan. Both Cities and School Districts would contribute their share to the county-wide system via the annual fee, as shown in Exhibit B. The contribution of 15% of the total cost of the election system from Schools effectively reduces the amount Cities would be responsible for from 45% to 30%. In turn, Cities would be prohibited from invoicing School Districts for the "other election costs" specified in the Agreement. This formula recognizes each party's statutory obligation to share costs, simplifies the fee structure and allows all parties to plan for a relatively stable budget expenditure each year. The County is hoping for approval by all parties of the agreement no later than December 31, 2012. The funding for this purchase has been placed in the 2013 budget and does not exceed the amount budgeted. Recommendation Staff recommends the Council adopt a resolution approving the Joint Powers Agreement with Anoka County to Allocate Costs for Election Expenses and Authorizing the Mayor and City Clerk to Execute the Agreement. 2 RESOLUTION NO. 2012 - __ A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN ANOKA COUNTY AND THE MUNICIPALITIES, TOWNSHIPS AND SCHOOL DISTRICTS IN ANOKA COUNTY TO ALLOCATE COSTS FOR ELECTION EXPENSES AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, the City's Accuvote Precinct Optical Scan System used in the precincts for elections are 12 years old and need replacement due to old technology; and WHEREAS, Anoka County has been working toward a complete election system replacement scheduled for early 2013 and has collaborated with Election Managers of several other Minnesota Counties and the Office of the Secretary of State to determine the needs and options; and WHEREAS, Anoka County has procured grant funds issued through the Help America Vote Act to partially offset the cost of the replacement; and WHEREAS, changes in election law, technology and equipment certification standards have affected not only the technology we use, but also the business model of system vendors; and WHEREAS, Anoka County has considered many factors and worked to engage their partner Cities, Townships and School Districts in discussions to enter into a Joint Powers Agreement to address the purchase of a new election system; and WHEREAS, this Agreement shall establish Anoka County as the sole-owner of the system to more effectively manage the vendor contracts and administrative tasks that apply county-wide; and WHEREAS, Anoka County shall collect a fee to supplement the system costs over a period of ten years to pay for the capital and operating costs of the voting system with the Cities paying 30%, the School Districts 15% and Anoka County 55% of the total costs; and WHEREAS, the fees for each unit of government were established based on the population from the 2010 census; and WHEREAS, the Agreement addresses a cost sharing plan for each duty spelled out in the Office of the Secretary of State's requirement of having a Cost Sharing Plan; and WHEREAS, the Anoka County Board voted unanimously to approve the Agreement on November 27, 2012 and is hoping for approval by all parties of the Agreement no later than December 31, 2012. NOW THEREFORE BE IT RESOLVE, that the City Council of the City of Fridley hereby approves a Joint Powers Agreement Between Anoka County and the Municipalities, Townships and School Districts in Anoka County to Allocate Cost for Election Expenses and Authorizes the Mayor and City Clerk to execute said Agreement. __________________________ SCOTT J. LUND, MAYOR ATTEST: _______________________________ DEBRA A. SKOGEN, CITY CLERK Attachment 1 Anoka County Contract No. 2012- ______ JOINT POWERS AGREEMENT BETWEEN ANOKA COUNTY AND THE MUNICIPALITIES, TOWNSHIPS AND SCHOOL DISTRICTS IN ANOKA COUNTY TO ALLOCATE COSTS FOR ELECTION EXPENSES MUNICIPALITIES, TOWNSHIPS AND SCHOOL DISTRICTS IN ANOKA COUNTY maintenance and use of election equipment, including conducting elections, by the County on behalf of the County and the Governmental Entities. Section 1 Term 1. This JPA shall be in effect for a four year term, beginning January 1, 2013 until December 31, 2016, subject to automatic renewal on January 1 of each subsequent calendar year beginning January 1, 2017. Section 2 Contract Termination 2. During the initial four year term, this JPA may only be terminated by written agreement of the County with the effected Governmental Entity. Beginning January 1, 2017, a this agreement may be terminated by that Governmental Entity providing written notice to the remaining parties no later than June 1 of any year, effective on January 1 of the following year. Upon termination of the agreement, all right title and interest in any election equipment purchased by the County under the terms of this agreement for use by the Governmental Entity shall remain with the County. Any Governmental Entity withdrawing from this agreement assumes all costs, responsibilities and liabilities related to the purchase, maintenance and use of voting equipment in the conduct of elections in that jurisdiction. the Voting Equipment System and their proportional share of any other costs incurred by the County on their behalf that remain unpaid as of the date of termination shall become immediately due and payable by the Governmental Entity to the County. Section 3 Voting Equipment System Definition 3. For purposes of this agreement, the Anoka County Voting Equipment System means a system in which the voter records votes by means of marking a ballot, so that votes may be counted by automatic tabulating equipment in the polling place where the ballot is cast or at a counting center.An electronic voting system includes automatic tabulating equipment; non-electronic ballot markers; electronic ballot markers, including electronic ballot display, audio ballot reader, and devices by which the voter will register the voter's voting intent; software used to program automatic tabulators and layout ballots; computer programs used to accumulate precinct results; ballots; secrecy folders; system documentation; and system testing as well as software used to manage the assignment, deployment, chain of custody, and associated logistical operations of said equipment in Anoka County. 1 Section 4 Applicability 4. This agreement, and the use of the Voting Equipment System defined herein, between the County and the Governmental Entities is applicable for any election at which offices or questions for the following categories are voted on: Category A: Federal Offices State Offices or Constitutional Amendments Judicial Offices County Offices or Ballot Questions Soil and Water District Offices or Ballot Questions Category B: Municipal (Township) Offices or Ballot Questions Category C: School District Offices or Ballot Questions Category D: Hospital District Offices or Ballot Questions Section 5 County Responsibilities 5. Except as otherwise provided in this contract or required by statute or state or federal rule, the County shall be responsible for preparing the specifications for the purchase and maintenance of the Voting Equipment System as defined herein and for the purchase and maintenance of the system, including making all payments and expenditures for capital and on-going operating costs related to the voting equipment system. In addition, for all Category A, B, C and D Elections, Anoka County shall: 5.1. Perform voting equipment system programming including ballots, ballot counters, ballot markers, and other components of the voting equipment system used to mark, count, record or report election returns and statistics. 5.2. Perform programming and testing of the State Election Reporting System interface, subject to policies of the State. 5.3. Program and develop a voting equipment testing plan for each election according to statutory requirements. 5.4. Provide ballot design and layout services, and arrange for the printing of ballots to be used in the elections. Section 6 6. Except as otherwise provided in this contract, each individual Governmental Entity shall be responsible for and shall perform all duties and assume all costs associated with the production of test decks, and conduct of pre-election and post-election tests and audits of precinct voting equipment for each election and shall utilize county provided software, as determined necessary by the County, to track the testing, assignment, deployment, chain of custody, and associated logistical operations of said equipment in Anoka County. as follows: 6.1. When Category A and/or B or D offices or questions appear on the ballot: 2 6.1.1. The municipality shall be responsible for and assume all costs associated with the production of test decks, and conduct of pre-election and post-election tests and audits of precinct voting equipment for all elections which include a Category A and/or B or D office or question. 6.1.2. The municipality shall assume all costs required to arrange for the use of polling places in the manner required by the Minnesota election law, for ensuring the physical set up of rooms and furnishings are conducive to the voting process, and for ensuring that all necessary equipment and supplies are delivered to the polling place for use on Election Day. 6.1.3. The municipality shall assume all costs related to picking up ballots, supplies and equipment from the Anoka County Elections and Voter Registration Office in Anoka and other storage locations that may be arranged from time to time, and transporting them to and from the polling place. 6.1.4. The municipality shall assume all costs related to issuing, receiving and processing absentee ballots cast by in-person absentee voters in that municipality including procurement and preparation of physical spaces, equipment, and staff needed to administer the process, and costs for delivery of . voted ballots to the Anoka County Central Count Absentee Precinct 6.1.5. The municipality shall assume all costs related to recruiting, hiring, and paying Election Judges for all hours served including, training, testing, election day assignments, and any other work assignments associated with the election. 6.2. When only Category C offices or questions appear on the ballot: 6.2.1. The School District shall be responsible shall assume all costs associated with the production of test decks, and conduct of pre-election and post-election tests and audits of precinct voting equipment for all elections which include only Category C offices or questions. 6.2.2. The school district shall assume all costs required to arrange for the use of polling places in the manner required by law, for ensuring the physical set up of rooms and furnishings are conducive to the voting process, and for ensuring that all necessary equipment and supplies are delivered to the polling place for use on Election Day. 6.2.3. The school district shall assume all costs related to picking up ballots, supplies and equipment from the Anoka County Elections and Voter Registration Office in Anoka and other storage locations that may be arranged from time to time, and transporting them to and from the polling place. 6.2.4. The school district shall assume all costs related to issuing, receiving and processing absentee ballots cast by in-person absentee voters in the school district including procurement and preparation of physical spaces, equipment, and staff needed to administer the process, and costs for delivery of voted ballots to the Anoka County Central Count Absentee Precinct. 6.2.5. The school district shall assume all costs related to recruiting, hiring, and paying Election Judges for all hours served including, training, testing, election day assignments, and any other work assignments associated with the election 3 Section 7 Allocation of Election Expenses 7. Except as already specifically provided for herein, the Voting Equipment System procurement, maintenance and support cost shall be divided between the county, its municipalities, and school districts as follows: 7.1. The County shall incur 55% of the actual cost of procurement, operation and maintenance of the system over the duration of this contract. 7.2. Municipalities located wholly or in part in Anoka County shall, collectively, incur 30% of the actual cost of procurement, operation and maintenance of the system over the duration of this contract. 7.3. School Districts located wholly or in part in Anoka County shall incur 15% of the actual cost of procurement, operation and maintenance of the system over the duration of this contract. 7.4. Anoka County shall make all payments and expenditures for capital and on- going operating and maintenance costs related to the system throughout the duration of this contract. 7.5. The annual fee for each jurisdiction shall be established as follows: 7.5.1. Each individual municipality shall pay a fee equal to that percentage of the total Anoka County population residing in that municipality at the time of the 2010 census multiplied by the municipal share (30%) of the actual cost of procurement (prorated over ten annual installments), plus the actual cost of operation and maintenance of the system, as solely determined by the County, calculated annually throughout the duration of the contract 7.5.2. Each individual school district shall pay a fee equal to that percentage of the total Anoka County population residing in that school district at the time of the 2010 census multiplied by the school district share (15%) of the actual cost of procurement (prorated over ten annual installments), plus the actual cost of operation and maintenance of the system, as solely determined by the County, calculated annually throughout the duration of the contract. 7.5.3. Each Governmental Entity shall be invoiced annually on June 1 for each calendar year of the agreement for the above referenced fees. Said fees shall be due and payable within thirty (30) calendar days of invoicing. 7.5.4. The Governmental Entities hereby agree that they will not reallocate any of the costs incurred herein. 7.6. For each governmental entity, determine that proportion of the ballot devoted to offices and questions for that entity as a percentage of the total number of column inches on the ballot, and provide an invoice to the governmental entity for that share of the cost of ballot printing, paper and normal delivery charges. 4 7.7. Pay the cost of postage for all domestic mailed absentee ballots cast in the county and absentee ballots cast under the Uniformed Overseas Citizens Absentee Voting Act (UOCAVA) except those absentee postage costs incurred by Municipalities designated to administer absentee voting laws under M.S. 203B.05. Section 8 Documentation of Election Expenses 8. Documentation of actual expenditures as required by the County is required for the allocation of election expenses pursuant to this agreement. Invoices or billing statements are acceptable documentation for goods or services purchased for vendors. Section 9 Ownership 9. The Governmental Entities acknowledge that the County owns the Voting Equipment System and that the Governmental Entities are authorized to use said Voting Equipment System for official election related purposes. Use of the Voting Equipment System by the Governmental Entities for any other purpose is strictly prohibited absent express written consent of the County. The Governmental Entities hereby acknowledge and agree that the Voting Equipment System may contain proprietary and trade secret information that is owned by a third party and is protected under federal copyright law or other laws, rules, regulations and decisions. The Governmental Entities shall protect and maintain the proprietary and trade secret status of the Voting Equipment System in their possession. Section 10 Handling Of Equipment and Insurance 10. Each municipality shall be responsible for storage of elections equipment assigned by the county to that municipality. Municipalities shall make all necessary elections equipment in its possession available to other entities as directed by the county. Each Governmental Entity acknowledges that it shall be responsible for the Voting Equipment System while it is in the Governmental Entity's custody. Each Governmental Entity, either through insurance or a self-insurance program, shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and/or replacement of the Voting Equipment System while it's in the Governmental Entity's custody and this contract is in effect. The Governmental Entities shall be responsible for, provide coverage for and shall provide proof of general liability and worker's compensating insurance (Hold Harmless Agreement) for all individuals providing services required by this contract. In addition to the foregoing, the Governmental Entities shall, during the term of this contract, maintain, through commercially available insurance or on a self-insured basis, property insurance coverage on all of the voting systems used or intended for use in this agreement to cover all repairs or replacement of the voting equipment if damaged or stolen. The Governmental Entities are responsible for any deductible under their policy. 5 Section 11 Independent Contractor 11. It is agreed that nothing in this contract is intended or should be construed as creating the relationship of agents, partners, joint ventures, or associates between the parties hereto or as constituting the County or the Governmental Entities as the employee of the other entity for any purpose or in any manner whatsoever. The County is an independent contractor and neither it, its employees, agents, nor its representatives are employees of the Governmental Entities. From any amounts due the County, there shall be no deductions for federal income tax or FICA payments, nor for any state income tax, nor for any other purposes which are associated with an employer-employee relationship unless required by law. Section 12 Data Practices 12. All data created, collected, received, maintained, or disseminated for any purpose in the course of this contract is governed by the Minnesota Government Data Practices Act, any other applicable statute, or any rules adopted to implement the Act or statute, as well as federal statutes and regulations on data privacy. Section 13 No Waiver 13. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. Section 14 Governing Law 14. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Section 15 Entire Agreement 15. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof and hereby rescinds and replace all prior Agreements with the respective Governmental Entities with this Agreement. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 6 Section 16 No Assignment 16. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. Section 17 No Warranty 17. The Governmental Entities agree that the County is furnishing the Voting Equipment System on an "as is" basis, without representation or any express or implied warranties, other than those provided by any maintenance agreement entered into by the County for the maintenance of the Voting Equipment System, including but not limited to, fitness for particular purpose, merchantability or the accuracy and completeness of the Voting Equipment System. The Governmental Entity's exclusive remedy and the County's sole liability for any substantial defect which impairs the use of the Voting Equipment System for the purposes stated herein shall be the right to terminate this agreement. The County does not warrant that the Election Voting Equipment System will be error free. The County disclaims any other warranties, express or implied, respecting this agreement or the Voting Equipment System. In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. Except as otherwise specifically provided for in this agreement, County and the Governmental Entities agree each will be responsible for their own acts and omissions under this Agreement and the results thereof and shall to the extent authorized by law defend, indemnify and hold harmless the other party for such acts. Each party shall not be responsible for the acts, errors or omissions of any other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. Nothing in this Agreement constitutes a waiver by the Governmental Entities or County of any statutory or common law defenses, immunities, or limits on liability. Section 18 Notice 18. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the Governmental Entity: To the person and address designated by each Governmental Entity in writing. To the County: Anoka County Administrator ADDRESS Copy to: Anoka County Elections Manager 7 ADDRESS Section 19 Audit Provision 19. Both parties agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. Section 20 Survival of Provisions 20. It is expressly understood and agreed that the obligations and warranties of the Governmental Entity and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. Section 21 Whereas Clauses 21. incorporated into and made a part hereof by this reference. Section 22 Authority 22. The person or persons executing this Lease Agreement on behalf of the Governmental Entity and County represent that they are duly authorized to execute this Lease Agreement on behalf of the Governmental Entity and the County and represent and warrant that this Lease Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. 8 IN WITNESS WHEREOF , the parties hereto have hereunto set their hands. COUNTY OF ANOKA By:___________________________________ Rhonda Sivarajah, Chair, Anoka County Board of Commissioners Dated: ___________________________ By: __________________________________ Jerry Soma, Anoka County Administrator Dated: ___________________________ APPROVED AS TO FORM: By: __________________________________ Thomas Haluska Assistant Anoka County Attorney Dated: ___________________________ CITY OF FRIDLEY By: __________________________________ Scott J. Lund, Its Mayor Dated: ___________________________ By: __________________________________ Debra A. Skogen, Its City Clerk Dated: ___________________________ 9 AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 To: Dr William W. Burns, City Manager From: John Berg, Fire Chief Date: December 4, 2012 Re: Fire and Rescue Shared Services Feasibility Study Grant Program The fire chiefs representing the cities of Columbia Heights, St. Anthony and Fridley applied for a Fire and Rescue Shared Services Feasibility Study Grant through the Minnesota Department of Public Safety. The grant is to be used to hire an outside consulting service to determine ways the three cities can provide a more effective or efficient service to the communities they protect. This does not necessarily mean a cost savings, nor does it mean that the departments would be formally merging together. There will be no anticipated cost to the City of Fridley and Chief Gorman, Columbia Heights, will be the grant manager. In order to receive a grant in the amount of $28,000, the MN DPS has requested that each of the three participating cities provide a resolution to proceed with the application process for the Fire and Rescue Shared Services Feasibility Study Grant, authorizing the City of Columbia Heights Fire Department to be the lead jurisdiction and the contracting agency for the Minnesota State Fire Marshal Fire and Rescue Shared Services Feasibility Study Grant Program and authorizing the Columbia Heights Fire Chief as the program contact person and to apply for the grant on behalf of all participating agencies voluntarily entering into this study process. RESOLUTION NO. 2012-__ A RESOLUTION SUPPORTING PARTICIPATION IN THE "FIRE AND RESCUE SHARED SERVICES FEASIBILITY STUDY GRANT PROGRAM" WITH THE CITIES OF COLUMBIA HEIGHTS AND SAINT ANTHONY AND AUTHORIZING APPLICATION FOR THE FIRE AND RESCUE SHARED SERVICES FEASIBILITY STUDY GRANT WHEREAS, Governor Tim Pawlenty created a “Fire and Rescue Shared Services Task Force” through Executive Order #09-13 on December 4, 2009. WHEREAS, the task force was assigned to investigate issues and the comparative benefits attendant to different models for shared fire and rescue service delivery. WHEREAS, the task force has developed “A Blueprint for Shared Services” document which contains several Minnesota fire service models of shared services, and has obtained grant funding through the Fire Service Advisory Committee/Department of Public Safety for outside consulting services that explore a shared services model for multiple fire services. WHEREAS, the grants will be administered by Department of Public Safety through the State Fire Marshall Division. WHEREAS, Shared Services refers to any number of methods where fire and rescue service organizations are doing something together to become more effective or more efficient. The shared service concept does not necessarily mean a savings in terms of money. WHEREAS, based on initial discussions with several surrounding fire chiefs from the City of Fridley, City of St. Anthony, and the City of Columbia Heights there appears to be interest in pursuing this grant opportunity. NOW THEREFORE, BE IT RESOLVED, that the Fridley City Council hereby authorizes the following: 1.To proceed with the application process for the Fire and Rescue Shared Services Feasibility Study Grant. 2.That the City of Columbia Heights Fire Department will be the lead jurisdiction and the contracting agency for the Minnesota State Fire Marshal Fire and Rescue Shared Services Feasibility Study Grant Program. 3.That the Columbia Heights Fire Chief, as the program contact person, shall apply for the grant on behalf of all participating agencies voluntarily entering into this study process. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10TH DAY OF DECEMBER, 2012. ____________________________________ Scott J. Lund, Mayor ATTEST: __________________________________ Debra A. Skogen, City Clerk AGENDA ITEM CITY COUNCIL MEETING OF December 10, 2012 To: William W. Burns, City Manager From: Donovan W. Abbott, Public Safety Director Bob Rewitzer, Captain Date: November 30, 2012 Re: Contract for Animal Impound Services This memo is written in support of the City’s acceptance of the Animal Control Contract with Brighton Veterinary Hospital, 2615 Mississippi St. NE, New Brighton, MN 55423. The City of Fridley has contracted with Brighton Veterinary Hospital to provide animal impound services since 1997. Brighton provides animal impoundment facilities for Fridley, Hilltop, Mounds View, New Brighton and Roseville. Brighton Veterinary Hospital has offered to maintain the same monthly fee of $1,500 as they charged for 2012 which will result in an annual expense of $18,000. The FY2013 City budget for animal impound services is $19,200. Research on available options for animal impound services was conducted by staff in 2009 and the decision was made that Brighton Veterinary Hospital best served the City’s needs. Staff has been satisfied with the service provided by Brighton Veterinary Hospital. The facility is well maintained and is conveniently located. Staff therefore recommends approval of the Animal Control Contract with Brighton Veterinary Hospital. ANIMAL CONTROL CONTRACT This contract, made and entered into this ____ day of _____________, 2012 by and between Brighton Veterinary Hospital, 2615 Mississippi Street, New Brighton, Minnesota, 55112, hereinafter referred to as "animal shelter" and the City of Fridley, a municipal corporation, 6431 University Avenue, Fridley, Minnesota 55432, hereinafter referred to as "city". I. TERM The term of this contract shall be from January 1, 2013 through II. ANIMAL SHELTER SERVICES The animal shelter agrees to furnish the following services: 1.Shelter for animal drop-offs on a 24-hour basis. 2.Animal examinations and veterinary care as required during normal business hours. 3.Seized stray animals shall be held for five (5) regular business days. After five (5) regular business days the city shall have no right or interest in such animal. Therefore if said animal is not claimed by an owner within five (5) regular business days it then becomes the property of the animal shelter to do with as they see necessary. Both parties shall give notice to the stray animalÔs owner (if owner is known) that it has been impounded. 4.Euthanasia and disposal, if required due to serious injury, illness, or after five (5) regular business days, in compliance with State Statute MS 35.71 5.Receiving and disposing of dead animals delivered by the city. 6.Upon request, train city animal control officers in safe and humane handling and apprehension of animals. 7.Keep accurate records of all animals impounded, boarded, and destroyed, pursuant to this agreement and furnish monthly statements to the 8.Keep the animal shelter open during normal business hours of the Brighton Veterinary Hospital and not less than normal business hours of t 9.The animal shelter, during normal business hours, shall be open for inspection by the city or its agents. 10.Collect boarding fees at $14.00 per day for dogs and $11.00 per animal from owners who retrieve animals. Fees are kept by the animal shelter. 11.Hold any impounded animal being reclaimed until proof of applicable current licensing and rabies vaccine is produced. 12.Serve as animal control officers for the city, as defined in City Code, and as applicable to the operation of the animal shelter. 13.Impounded quarantined animals shall be held for rabies observation for a maximum of ten (10) days. If no owner comes forward with full payment within the ten (10) day period, then said animal becomes property of the animal shelter to do with as they feel necessary. 14.Animal shelter shall collect any impound fees for the city and deduct the total from the monthly fee. III. CITY RESPONSIBILITY After normal business hours, the city will transport any injured animals that are in a life threatening condition to the Affiliated Emergency Veterinary Services, at no cost to the animal shelter. After treatment and release the city will transport the animal to the animal shelter. IV. COMPLIANCE WITH LAWS In providing all services pursuant to this contract, the animal shelter shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services. V. AUDIT DISCLOSURE AND RETENTION OF RECORDS The animal shelter agrees to make available to duly authorized representatives of the city and either the legislative auditor or the state auditor for the purpose of audit examination, any books, documents, papers, and records of the animal shelter that are pertinent to the animal shelter's provision of service hereunder. The animal shelter further agrees to maintain all such required records for three (3) years after receipt of final payment from the owner of the animal and the closing of all other related matters as determined by the animal shelter. VI. ANIMAL SHELTER RESPONSIBILITIES AND INSURANCE The animal shelter shall be responsible for all damages, harm or illness suffered by the animals under its care and in its custody which may be due to the negligence of the animal shelter. Said animal shelter shall save the city harmless from any damages, costs, actions, or causes or action, or claims made against the city for any harm, losses, damages, or expenses or account of bodily injury, sickness, disease, improper disposition, death, and property damage resulting from the animal shelter's operation. The animal shelter shall procure and keep in full force comprehensive general liability insurance in the amount of not less than $100,000 each occurrence and $350,000 general aggregate to safeguard and indemnify the city for any of the occurrences aforementioned. Such insurance policy must be filed with the city clerk. VII. COMPENSATION 1.The city shall pay the animal shelter the sum of $1,500 per month for services stated in this contract. Said sum shall be paid on or about the last day of the month, or within thirty (30) days after submission of the monthly claims, by the animal shelter. 2.The animal shelter may charge the owner of the animal for customary veterinary fees for services including rabies vaccinations, examinations, medications, etc. and retain all amounts collected. VIII. EARLY TERMINATION This contract may be terminated by either party, provided the terminating party is not in breach of this contract, with or without cause upon thirty (30) days written notice, delivered by United States mail or in person, to the other party. For purposes of such notice, the address of the animal shelter is: Brighton Veterinary Hospital PA 2615 Mississippi Street New Brighton, MN 55112 and the address of the city is: City of Fridley 6431 University Avenue NE Fridley, MN 55432 IX. INDEMNIFICATION BY CITY The city shall save the animal shelter harmless from any damage causes or action, or claims made against the animal shelter for any harm, losses, damages, or expenses or account of bodily injury, sickness, disease, improper disposition, death, and property damage resulting while the animal is in the care, custody or control of the city, its employees, agents, or animal X. MODIFICATIONS Any material alterations, modifications, or variations of the terms of this contract shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. XI. ENTIRE AGREEMENT It is understood and agreed by the parties that the entire agreements of the parties are contained herein and that the contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the animal shelter and the city relating to the subject matter hereof. The parties hereto revoke any prior oral or written agreement between themselves and hereby agree that this contract is the only and complete agreement regarding the subject hereof. ANIMAL SHELTER CITY By: _______________________ By: ________________________ Title: _____________________ Title: _______________________ Date: _____________________ Date: _______________________ AGENDA ITEM CITY COUNCIL MEETING OF December 10, 2012 To: William W. Burns, City Manager From: Donovan W. Abbott, Public Safety Director Bob Rewitzer, Captain Date: November 30, 2012 Re: Contract for Towing, Impounding and Storage of Motor Vehicles This memo is written in support of the City’s acceptance of the Contract for Towing, Impounding rd and Storage of Motor Vehicles with Schmit Towing, Inc., 92 43 Ave NE, Fridley, Minnesota 55421. In the fall of 2009 a comprehensive evaluation of the tow service contract was conducted and Schmit Towing, Inc., a company based in Fridley, was determined to best meet the needs and requirements of the City. The Police Department has contracted with Schmit Towing, Inc. since March 2010 with the current contract expiring January 1, 2013. Schmit Towing, Inc. provides 24- hour towing and storage of police impounded vehicles, disabled vehicles, and vehicles determined by the City to be in violation of Code or Statute. The Police Department has been pleased with the service provided by Schmit Towing, Inc. and desires to renew the contract and continue using them for towing, impounding and storage of motor vehicles. The terms of the renewal contract have been reviewed by staff, the City Attorney, and representatives of Schmit Towing, Inc. and are acceptable to all parties. The renewal contract includes nominal increases to towing (+$10) and storage (+$5) fees that are charged to owners reclaiming towed and impounded vehicles. The term of the renewal contract is from January 2, 2013 through December 31, 2015. Staff recommends approval of the Contract for Towing, Impounding and Storage of Motor Vehicles with Schmit Towing, Inc. CONTRACTFORTOWING,IMPOUNDINGANDSTORAGEOFMOTORVEHICLES ThisContractforTowing,ImpoundingandStorageofMotorVehicles,hereinafterreferredtoasthe Contractismadeandenteredintothis_____dayof____________,2012,byandbetweenSchmit rd Towing,Inc.,aMinnesotacorporation,9243AvenueNE,Fridley,Minnesota55421,hereinafter referredtoastheContractorandtheCityofFridley,aMinnesotamunicipalcorporationwithofficesat 6431UniversityAveNE,Fridley,Minnesota55432,hereinafterreferredtoastheCity. WHEREAS,theContractorhasproposedtoprovide24hourtowingandstorageofpoliceimpounded vehiclesandvehiclesdeterminedtobe,andfoundtobe,inviolationoftheFridleyCityCodeandthe MinnesotaStateStatutes;and WHEREAS,itisinthebestinterestoftheCitythattheContractorshowsresponsibilitytotheCityand thepublicandindicatethechargesandratesfortowingandstorageofmotorvehicles;and WHEREAS,itistheintentionoftheCityandtheContractorthatthisagreementshallrunfortheperiod ofJanuary2,2013throughDecember31,2015 NOW,THEREFORE,ITISMUTUALLYAGREED ThatthefollowingtermsandconditionsdetailtherequirementsoftheContractortoprovide24hour motorvehicletowing,impoundingandstorageservicesfortheCityonanasneededanddirectedbasis. SuchdirectionistobebythefollowingCitypersonnel:CityManager,PublicSafetyDirector, CommunityDevelopmentDirector,FireChief,PublicWorksDirector,ortheirauthorizedandlegal representatives. Equipment: ContractorshallhavesufficientequipmenttobeabletotowanyandallCityownedvehicles,andthose vehiclesasdesignatedbythePublicSafetyDirector,CommunityDevelopmentDirector,FireChief,Public WorksDirectorortheirauthorizedandlegalrepresentatives,includingbutnotlimitedto: A.Equipmentcapableoftowingautomobiles,lighttrucks,vans,utilityvehicles, ã x­r snowmobiles,motorcycles,allterrainvehicles,schoolbuses,coachbuses,commercialvehicles, heavytrucks,andanyothervehicle,motorizedornotandfurtherequippedtocontrol movementofthetowedvehicle;and B.Equipmentsufficientanddesignedtomovevehiclesnotamenabletotowingortomovea completelydemolishedvehiclebymeansofdolliesorlowbedtrailers;and C.TrucksandequipmentofsufficientquantitythatallowstheContractortomeettherequired responsetimeregardlessofseason,time,dateorevent;and D.Equipmentsufficienttoconductwaterrecovery. AllequipmenttobeusedbytheContractorunderthiscontractshallbemaintainedingoodrepairand condition.TheCityreservestherighttoinspecttheequipmentfromtimetotimeforthepurposeof determiningthattheequipmentconditionisinconformancewithlawandthetermsandconditionsof theContract. Personnel: Contractorperformingunderthiscontractshallassumeallandfullresponsibilityfortheconductof employeesperformingunderthisContract.TheContractorguaranteesthatalloftheemployees performingunderthisContractwillbeadequatelytrainedintheirprofession,willrespondpromptlyto allcalls,becleanandneatinappearance,usedecentlanguagefreeofprofanity,andtreatthepublic courteouslyatalltimes.RequestforservicefromtheCityPoliceDepartmentmustbegivenfirstpriority byalldispatchers. DriversshallpossessandcarryavalidMinnesota7©zÝ;©x­licensecommensuratewiththevehiclethey areoperatingandbeproficientintheoperationofsuchequipment.Alldriversshalloperatethe /š“·©-·š©x­equipmentinasafeandprudentmanner,complyingwithalltrafficlaws. TheCityreservestherighttoconductbackgroundchecksonallemployeesoftheContractoratthetime oftheexecutionofthisContractandannuallythereafter. Failingtomeetanyoralloftherequirementsofthissectionmayresultincauseforterminatingthe contractatanytimeaspertheconditionsspecifiedforcontracttermination. Licensing: ContractorshallobtainandmaintainineffectthroughoutthisContract,alllicenses,permitsand certificatesasrequiredbytheStateofMinnesota,AnokaCounty,andtheCityfortheoperationofthe servicerequiredtobeperformedbytheContractorunderthisContract.TheContractorshalloperate andmaintainitsparkingandstoragefacilityincompliancewiththetermsofthisContractandallState andCityapplicablelaws,ordinances,rulesandregulationsthatarepresentlyineffectorwhichmay hereafterbeadopted. StorageFacilities: StorageandparkinglotfacilitiesusedbytheContractorunderthisContractshallbelocatedwithinthe corporatelimitsoftheCityofFridleyunlessotherwiseagreedtobytheCitybutinanyeventshallbe locatednomorethantwolinearmilesfromthecorporatelimitsoftheCity.Storageandparkinglot facilitiesusedbytheContractorunderthisContractshallmeetalloftheapplicableStateandlocal buildingcodestandardsandmunicipallicenseandzoningrequirements,includingthoserelatingto outdoorstorage,screeningandlandscapingofthecityinwhichthefacilityislocated. ThefacilitiestobeutilizedunderthisContractmusthavethecapabilityofstoringaminimumoftwo(2) vehiclesinsideandafurthercapabilityofprovidingstorageforaminimumoftwentyfive(25)vehicles outside.ItshallbetheresponsibilityoftheContractortoprovideadditionaloutsidestorageifneededto meetstoragevolumerequirements.Insidestoragewillbenecessaryonlywhensorequestedordirected byanauthorizedofficialoftheCity.Whenadirectionisgiventostoreaunitinside,suchdirectionsmay beaccompaniedbyinstructionsforcertainsecuritymeasurestobeemployed.Vehiclesecuritybecomes theresponsibilityoftheContractorwhilethevehicleisinhis/hercontrol.Parkinglotsmustbefencedin asecuremannerwithaminimumfenceheightofsix(6)feet. TheContractoragreestokeepsafelyallimpoundedvehicles,equipmentandaccessories,andall personalpropertycontainedtherein,andtoretainpossessionofsameuntilallchargesagainstthe impoundedvehiclehavebeensatisfied,andtoreimbursetheCityandtheownersforanyandalllosses relatingthereto.Personalpropertythat,inthejudgmentoftheCityPoliceDepartmentisnecessaryfor healthandsafetypurposesshallbereleaseduponorderoftheCityPoliceDepartment.TheContractor willbesolelyresponsibleforlossordamagetoanyvehicle,includingallequipmentandcontents,from thetimedirectionisgivenbytheauthorizedCityrepresentativeturningthevehicleovertothe ContractororhisAgent,untilsuchtimeasthevehicleislegallyreleasedtotheregisteredoractual ownerorlegalagentthereof. IndemnificationandInsurance: TheContractoragreestodefend,indemnify,andholdharmlesstheCity,itsofficersandemployees, fromanyliability,claims,damages,costs,judgments,andexpenses,includingattorneysfees,uptothe maximumtortliabilitylimitssetforthinMinnesotaStatutesChapter466,resultingdirectlyorindirectly fromanactoromissionoftheContractor,itsemployees,agents,orparticipantsintheperformanceof thisContract. ContractorshallmaintainineffectthroughoutthisContractgeneralliabilityinsurance,including coverageforpersonalinjury,propertydamageandfire,whichshallprovideacoveragelimitof $1,500,000foranynumberofclaimsarisingoutofasingleoccurrence,pursuanttoMinnesotaStatutes Section466.04,orasmaybeamended.ContractorshallfurnishtheCitywithacertificateofinsurance, whichshallincludethatinsuranceshallnotbecancelledwithoutatleastthirty(30)7ä­xadvance writtennoticetotheCity.TheCityshallbenamedasanadditionalinsuredonthegeneralliability insurancepolicy. Availability: Contractorshallprovidetowingservices24hoursperday,everydayoftheyear.Contractorshall provideatelephoneansweringservice24hoursaday,sevendaysperweek,forthepurposeofreceiving requestsforservicepursuanttothisContract. Whileperformingunderthiscontractandunderthesespecifications,the/š“·©-·š©x­hoursof operationforreleaseofimpoundedvehiclesshallbenolessthan8:00a.m.to6:00p.m.,Monday throughFriday,fourdaytimehoursonSaturday,andtwodaytimehoursonSundayandlegalholidays. Hoursmustbepostedinaprominentplaceonthefrontdoororfrontgateofthefacility. AccesstothestoragefacilityshallbeavailabletothePublicSafetyDirectororotherauthorizedandlegal representative,atalltimesandwithoutcosts.TheCityshallhavetherighttoinspectthe/š“·©-·š©x­ equipment,storagefacilityandpertinentrecordswithoutnotice,duringnormalbusinesshours. ResponseTime: UponreceiptofrequestfortowingservicebytheCity,theContractorshalldispatchthenecessarytrucks andequipmentsoastoarriveatthesitesodesignatedwithinthespecifiedtime,whichshallnotbe morethantwenty(20)minutes,afterreceiptofrequest.ShouldtheContractorfailtoappearata designatedtowpointwithinthespecifiedtimeafterreceivingacallforatow,theCityreservestheright tocallanothertowingservicetoperformthework.IntheeventtheContractorfailstoappearata designatedtowpointwithinthespecifiedtimeafterreceivingacallforatowandtheCitycallsanother towingservicetoperformthework,theContractorshallnotchargeanytowfeetotheCityor otherwise. IftheContractoriscalledandisunabletorespondduetoconditionsbeyondhis/hercontrol,the authorizedCityofficialsshallbeimmediatelysoinformedandtheCityhastherighttocallanother servicetoperformthework. Intheeventthatatanytime,itbecomesnecessaryfortheCitytorequesttheservicesofanother towingserviceforthereasonsdetailedabove,theCityretainstherighttoholdtheContractor responsibleforanyadditionalchargesoverandabovethefeeschedulerecordedinthiscontract.Such chargesshallbeassessedonlyiftheresponsefailureisduetonegligenceonthepartoftheContractor. Suchnegligencemightincludeequipmentfailure. Inadditiontotheabovecharges,topromotethegeneralwelfareandsafety,inallcaseswherethe Contractorshallfailtorespondtoanycallfortowtruckswithinthirty(30)minutes,theCityshallbepaid Fiftyandno/100Dollars($50.00)bytheContractorforeachfailuretorespond. TheCityreservestherighttocalltheclosestavailabletowingcompanyintheeventofanemergencyas determinedbytheCity,regardlessofanycontractualrelationshipwiththeCity.Atthediscretionofthe City,responsetimemaybealteredintheeventofadverseroad,trafficorweatherconditions. Ifaninvolvedprivateowner/operatormakesatimelyrequestforatowbyotherthantheContractor retainedunderthiscontract,theCityPoliceDepartmentmayhonorsuchrequest.Insuchinstance,the owner/operatorissolelyresponsibleforallassociatedcharges. ContractorServices: ContractoragreestoprovideallservicesrequiredbytheCityfortowing,impounding,transport,and storageofvehicles.TheseservicesshallbeprovidedinaccordancewiththetermsoftheContract.The Contractorshall,inadditiontotowingandstorageservices,beresponsibleforcleaningupalldebris associatedwiththedisabledvehicle(s)atthesite.Thismayincludeitemssuchasvehicleparts,broken glass,metalorotherdebris,excludingcommercialcargo,resultingfromtheaccident.Therequiredclean upshallbecompletedpriortotheContractorleavingthesite,asperinstructionsfromtheCityPolice Officerinchargeatthesite.Cleanupistobecompletedwithoutanyadditionalcompensation,unless extraordinarycircumstancesexist.Suchcostsmaybechargedtotheappropriatevehicleowner. Contractormayalsobeaskedtoprovideoccasionalroadsideservice,suchaschangingtires,forCity PolicesquadcarsandotherCityvehicles. Impoundedvehiclesshallbetoweddirectlytothe/š“·©-·š©x­storagefacilityunlessotherwisedirected bytheCity.Alldesignatedvehiclesatanaccidentsiteshallbetowedandremovedbeforethe Contractorleavesthescenetorespondtoanyotherservicecall. Vehicleswillnotbedrivenatanytimeduringthetowingprocedure,exceptasincidentaltotheimpound process.Intheeventthatthevehicleiswithouttiresorhasflattires,theContractoristoremovethe vehicleinsuchawayastoavoidorminimizedamagetothewheelsorroadsurface.TheContractormay nottowanyvehicleonitsrims,onwheelswithouttires,oronflattires. ContractoragreestoabidebyapplicableMinnesotaStatutesandFridleyCityCodeincontrollingand disposingofimpoundedvehicles. VehicleRelease: Allvehiclestowedorimpoundedaretobereleasedinaccordancewithproceduresadoptedbythe PublicSafetyDirector.VehiclesbeingheldforevidentialorinvestigativereasonsbytheCityPolice DepartmentmaynotbereleasedwithoutwrittenauthorizationbythePublicSafetyDirectororother authorizedandlegalrepresentative.Othervehiclesmaybereleasedasprovidedhereinwithoutformal authorizationfromthePublicSafetyDirector. Contractoragreestoestablishtheidentityoftheregisteredownersandlienholders,ifany,of impoundedvehiclesthroughtheDepartmentofPublicSafetyautomobiletitles,insurancepapersand dealerbillsofsale. Contractorshallberesponsibletocheckthetheftstatusofanyimpoundedvehicleinthe-š“·©-·š©x­ possessionatleastonceeveryweek. Upondepositofatowedvehicleinthestoragefacility,theContractorshallsendanoticespecifyingthe dateandplaceofthetow,theyear,make,model,andserialnumberofthevehicletowedwithinfive(5) daystotheregisteredowneraswellasanylienholdersofrecord.Thenoticeshallincludetheprocedure forreclaimingtheimpoundedvehicleandcomplywithMinnesotaStatue168B.06.Arecordofthis notice,andallotherdatarelatedtothisContract,includingthisContract,shallberetainedbythe ContractorduringthetermofthisContract,andforanadditionalsix(6)yearsaftertheexpirationofthis Contract.Thecostofthisnoticeshallnotexceedthirtyfiveandno/100Dollars($35.00)andshallbe bornebytheregisteredownerofthevehicle.Iftheowneroftheimpoundedvehiclesubjecttoalien failstoreclaimthevehicle,theContractorshallprovidenoticetothelienholder,ifany,priorto dispositionofthevehicle. Vehiclesshallnotbereleasedwithoutproperproofofownership.Ifthevehicleistobedrivenfromthe impoundlot,proofofcurrentinsurancecoveringthevehicleandproofofavalid7©zÝ;©x­licensebythe prospectivedrivershallberequired. Atthetimeofthereleaseofthevehicle,theContractorshallprovideareceiptinwritingwhichshall statethedateofsuchvehiclereleasetogetherwiththechargesenumeratedthereonandthepurpose forwhichthechargesweremade.Thereceiptshallbemadeinoneoriginalandtwocopies,allofwhich shallbesignedbytheContractorandthepersontowhomthevehiclereleaseismade.TheContractor shallretaintheoriginalofthereceiptandshalldeliveronecopytotheownerofthevehicleandone copytotheCityPoliceDepartment. DataPracticesandRecords: TheContractoracknowledgesandagreesthatthisContractissubjecttotheMinnesotaGovernment DataPracticesAct.TheContractoragreestocomplywiththeMinnesotaGovernmentDataPracticesAct andallotherapplicablestateandfederallawsrelatingtodataprivacyorconfidentiality.TheContractor willimmediatelyreporttotheCityanyrequestsfromthirdpartiesforinformationrelatingtothis Contract.TheContractoragreestoholdtheCity,itsofficers,departmentheadsandemployees harmlessfromanyclaimsuptothemaximumtortliabilitylimitssetforthinMinnesotaStatutesChapter 466resultingfromthe/š“·©-·š©x­unlawfuldisclosureoruseofdataprotectedunderstateandfederal laws. Contractorshallberesponsibleformaintainingproperrecordsofallvehiclestowed,stored,released, stillheld,junkedanddestroyed.TherecordkeepingsystemshallmeettheapprovalofthePublicSafety DirectorandrecordsaretobeavailableatalltimesforinspectionbyauthorizedCityofficials. ContractorrecordsanddatacreatedpursuantandbyreasonofthisContractshallberetainedfora minimumofsix(6)years. Contractorshallprepareacomprehensivemonthlyreportofallvehiclestowed,stored,released,still held,junkedanddestroyed,inaformacceptabletotheCity.TheContractormusthavetheabilityto receiveandsenddocumentselectronicallyinadditiontofaxcapabilities. TowingCharges: Contractorassumesfullresponsibilityforthecollectionofallfeesinvolvedwiththetowing,removaland storageofvehicles.TheContractorshallbeentitledtoachargefortowingandstorageservicespursuant tothefeeshereinenumerated.Exceptasotherwiseprovidedherein,theContractorshallcollectsuch chargesfortowingandstorageservicesfromtheownerofthetowed,removedorstoredvehicle.Afuel surchargemaybecollectedduringanyweekinwhichthepreviousÞ;;‰x­averagecostofdieselfuelfor theMidwestregion,aslistedontheU.S.EnergyInformationAdministrationwebsite,exceeds$3.449 pergallon.Thesiteisfoundat:.TheContractoragreesthat http://www.eia.gov/petroleum/gasdiesel/ neithertheCitynoranyDepartmentthereofisresponsibleforanychargesasaresultoftowingand/or storageandthattheContractorassumesallliabilityforanyandallunpaidcharges. Exception:ForvehiclesidentifiedbytheCityPoliceDepartmentassubjecttoforfeiture,and subsequentlytowedtoalocationotherthanthe/š“·©-·š©x­storagefacility,theCitywillpay theContractoraflatratechargepervehicletowed. Contractoragreestoacceptasmethodofpayment,cash,andoneothermethodofpaymentsuchas checkorcreditcard. Towingandstorageratesshallbeuniformlycharged.Theratesfortowingshallbeasfollows: Towofautomobilesandothervehiclesunder10,000poundsGVW$84.00 Towofvehiclesbetween10,001and26,000poundsGVW$128.00 Towofvehiclesover26,000poundsGVW$175.00perhour Towofsnowmobiles,motorcycles,andallterrainvehicles$84.00 Additionalchargeforuseofwinch$100.00perhour TowofvehiclesunderCityPoliceForfeituretoalocationotherthan the/š“·©-·š©x­storagefacility$60.00 TowofCityPolicesquadcarsorCityvehiclestoCityShop$NoCharge Storagechargeperdayforoutsidestorageoftowedvehicles$40.00 Storagechargeperdayforinsidestorageoftowedvehicles$40.00 Storagechargeforlargevehiclesinexcessof26,000poundsGVW$100.00 Occasionalroadsideservice,suchaschangingtires,forCityPolice squadcarsandotherCityvehicles$NoCharge FuelSurcharge$7.00pertow Duration,Cancellation,TerminationandEnforcement ThisContractshallremaininforcefortheperiodspecifiedunlesscancelledbyeitherpartygivingwritten noticeofcancellationatleastthirty(30)calendardaysinadvance. ThisContractmay,uponmutualagreementbetweentheCityandtheContractorandaccordingtothe termsoftheexistingcontract,berenewedinoneyearintervals.Contractorreservestherightto renegotiatechargesfortowingandstorageservicesatrenewal. TheCitymay,bywrittennoticetotheContractor,terminatethisContractimmediatelyforfailureofthe ContractortoperformthetermsandconditionsofthisContractrelatedtopersonnel. FailurebytheCitytoenforceoneormoretermsoftheContractdoesnotwaivetherightoftheCityto enforceanyothertermsoftheContract. AGREEDTOthis_____dayof____________,2012. CityofFridleySchmitTowing,Inc. ______________________________________________________ Scott.J.Lund,MayorStephenSchmit President __________________________ WilliamW.Burns CityManager AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 COMMISSION APPOINTMENTS NameCommission Term Expires Gordon Backlund Housing & Redevelopment Authority June 9, 2016 Michelle Drury Appeals Commission April 1, 2014 AGENDA ITEM COUNCIL MEETING OF DECEMBER 10, 2012 CLAIMS CLAIMS 157543 - 157677 AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 LICENSES TYPE OF LICENSE: APPLICANT:APPROVED BY: Pawn Shop Managerial Thomas A Toupin for Pawn Public Safety America AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 LICENSES Contractor Type Applicant Approved By Overland Contracting Inc Commercial or David Austin Ron Julkowski, CBO Specialty Steiner Construction Commercial or Phillip Baum Ron Julkowski, CBO Specialty AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 ESTIMATES Midwest Asphalt Corp. 5929 Baker Road Suite 420 Hopkins, MN 55345 2012 Street Rehabilitation Project No. 2012-01 Estimate No. 5 .............................................................................. $ 39,785.49 AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 To: William W. Burns, City Manager From: Jack Kirk, Director of Parks and Recreation Siah St. Clair, Director of Springbrook Nature Center Date: December 7, 2012 Re: Cooperative Agreement with Great River Greening Regarding the Lessard Sams Conservation Partners Legacy Grant In May of 2012, the Minnesota State Legislature approved a grant for habitat improvement at Springbrook Nature Center. This multi-year grant in the amount of $198,500 will include the compilation of an over-arching resource management plan for the nature center.It will also include the enhancement of 66 acres of oak woodland, savanna and prairie using invasive species management and controlled burns of specific prairie and woodlands areas. The grant amount includes $11,000 in local matching funds which will be divided equally between a contribution from the Springbrook Nature Center Foundation and the City. Staff recommends the City match be drawn from the Springbrook Nature Center reserve funds.Based on current 2012 nature center budget figures, we expect to see approximately $15,000 or more additional dollars being transferred to this reserve fund at the end of this budget cycle. Great River Greening is the non-profit partner that the City worked with to apply for this grant. Great River Greening will receive the grant funds from the State of Minnesota and will be overseeing the actual work in completing this project. This agency will do all of the consulting/planning work and will hire sub-contractors to do specific portions of habitat restoration. Please find attached the cooperative agreement with Great River Greening which outlines the details of our partnership with this agency and the responsibilities of each party. The agreement has been reviewed by the City of Fridley Legal Counsel and includes a limitation of liability indemnification clause. Staff recommends that the City Council approve the attached cooperative agreement with Great River Greening to improve upland habitat at Springbrook Nature Center. Once the Mayor and City Manager have signed the agreement, work will commence on this project. The target date for completion of all work related to this important project is June 30, 2015. The upland forest and prairie habitat at Springbrook Nature Center has degraded significantly in recent years due to invasive species and lack of resources to conduct habitat management activities. This grant will bring tremendous improvement and allow the community to enjoy much improved upland habitat at the nature center for years to come. Cooperative Agreement Great River Greening 35 West Water Street, Suite 201 Saint Paul, MN 55107-2016 651-665-9500 651-665-9409 FAX Cooperative Partner Cooperative Partner Great River Greening City of Fridley 35 W. Water Street 6431 University Ave NE St. Paul, MN 55107 Fridley, MN 55432 (763) 571-3450 Great River Greening contact representative Minnesota Valley NWRcontact representative Todd Rexine Siah St.Clair 651-665-9500 x-28 (763) 572-3588 Project Name:Project Location Springbrook Nature Center th Project Number: HBIG09 100 85 Ave NW Fridley, MN 55432 Grant Manager Initials ___________ I. Cooperating Parties. This document describes the rights and responsibilities between the cooperating partners, Great River Greening (hereafter referred to as GRG), Minnesota non-profit corporation and the City of Fridley, (hereafter referred to as the City), a Minnesota municipal corporation, for their combined efforts to enhance the ecological integrity of Springbrook Nature Center. II. Scope of Agreement . GRG and the City agree to partner together to accomplish their respective obligations for natural areas restoration over approximately 66 acres at Springbrook Nature Center. The nature of the work will include the compilation of an over-arching resource management plan for the Nature Center, and enhancement of 66 acres of oak woodland, savanna and prairie using invasive woody and exotic species management and prescribed fire. To achieve this outcome, GRG & the City agree to a cooperative partnership with the following restoration goals: 1) Crafting of a long term management plan for the Nature Center. 2) Reduction in the cover of targeted woody invasive species by 90 percent. 3) Reestablishment of a prescribed burn regime to the prairie and oak savanna ecosystems at the site. Ongoing adaptive management of the restoration will be required to control the propagation and spread of undesirable and the establishment of desirable vegetation. Great River Greening Responsibilities: GRG will contribute $187,500 procured through the Minnesota Outdoor Heritage Fund toward achievement of stated goals at Springbrook Nature Center. The Work, as described below, will commence upon execution of the Agreement by both the City and GRG and continue through June 30, 2015. Restoration work will occur on Springbrook Nature Center land in the areas highlighted on the map on Attachment A and as described in this Section and in Attachment A. Work will include the following activities: Management Plan: GRG will craft a site-specific management plan for Springbrook Nature Center that will detail prescribed management activities in line with intended use of the facility, management timeline, and obligations of the Nature Center going forward. Great River Greening1 HBIG09 - Springbrook Nature Center Invasive Woody Treatment: GRG will oversee the treatment of invasive woody species through foliar and basal bark Rhamnus cathartica R. frangula herbicide treatments to buckthorn (and) and exotic Lonicera honeysuckle (sp.) Prescribed Burn Regiment: GRG will oversee the development and approval of prescribed fire plans, and implementation of prescribed burns on prairie and oak savanna habitat at Springbrook Nature Center. The City’s Responsibilities: The City agrees to grant GRG permission to perform restoration enhancement work on 66 acres at Springbrook Nature Center, and provide $11,000 toward the completion of stated activities. III. Budget and Schedule of Payments. Budget for the project as detailed in the Scope of Services above is as follows: Total Funding for Restoration Activities: $198,500 City of Fridley Contribution* $ 11,000 Greening Contributions** $187,500 *The City of Fridley’s contribution includes a maximum of $5,500 from the City and a minimum of $5,500 from the Springbrook Nature Center Foundation. ** Great River Greening’s contribution is provided by the Minnesota Outdoor Heritage Fund as recommended by the Lessard-Sams Outdoor Heritage Council through Great River Greening’s membership in the Metro Big Rivers Partenership. Schedule of Payments for the project: Billing for work performed will be invoiced quarterly (March 30, June 30, Sept 30, Dec 31) of each calendar year. IV. Limitation of liability. The City shall indemnify Great River Greening and hold it harmless from and against any loss, claims, liabilities, damages and costs, including reasonable attorney’s fees, related to the Project or the performance of their services pursuant to this Agreement, unless caused by the negligence of Great River Greening, its agents or employees. The Agreement to indemnify and hold harmless does not constitute a waiver by any Member of limitations on liability provided by Minnesota Statutes, Chapter 466.GRG shall indemnify the City and hold it harmless from and against any loss, claims, liabilities, damages and costs, including reasonable attorney’s fees, related to the Project or the performance of their services pursuant to this Agreement, unless caused by the negligence of City, its agents or employees. V. Amendment. This Agreement may be amended only in a written document signed by both parties. VI. Independent Contractors. Each party, its officers, agents and employees are at all times an independent contractor to the other party. Nothing in this Agreement shall be construed to make or render either party or any of its officers, agents, or employees an agent, servant, or employee of, or joint venture of or with, the other. VII. Entire Agreement. This Agreement represents the entire agreement and understanding of the parties hereto with respect to the subject matter of this Agreement, and it supercedes all prior and concurrent agreements, understandings, promises or representations, whether written or oral, made by either party to the other concerning such subject matter. VIII. Insurance. Great River Greening agrees to maintain during the term of this Consulting Contract the following insurance: Workers Compensation Insurance, Commercial General Liability (with coverage no more restrictive that that provided for by standard ISO Form CG 00 01 11 88 or CG 00 01 10 93 with standard exclusions "a" through "n") with a minimum limit of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate for bodily injury and property damages, the limit specified may be satisfied with a combination of primary and Umbrella/Excess Insurance. Great River Greening2 HBIG09 - Springbrook Nature Center IX. Waiver. The failure of either party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver or relinquishment of the right to enforce or require compliance with such provision. X. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. XI. Completion. Work for this Project will be performed by June 30, 2015 unless circumstances beyond Great River Greening’scontrol that prevents Great River Greeningfrom completing the Project. Any extension for the time to complete the Work for this Project must be mutually agreed upon and in writing as required by Section V of this Agreement. XII. Termination. The City may immediately, upon written notice, terminate this Agreement if, in the City’s reasonable judgment, GRG fails to diligently pursue completion of the Work as more fully described in Section II and Attachment A. Said notice shall be sent to the GRG contact person set forth in this Agreement via First Class US Mail and is effective upon deposit in the US Mail. In the event of termination, upon GRG’s presentation of an invoice, he City shall pay GRG for any uncompensated but completed Work. Great River Greening City of Fridley’ Signature: _____________________________ Signature: _____________________________ Name: Deborah Karasov Name: Scott Lund Title: Executive Director Title: Mayor Date: ____________________________ Date: _______________________________ Signature: _______________________________ Name: William W. Burns Title: City Manager Date: ___________________________________ Contact Persons The authorized contact person for Great River The authorized contact person for the City is: Greening is: Todd Rexine Siah St.Clair th 35 West Water Street, Suite 201 100 85 Ave NW St. Paul, MN 55107 Fridley, MN 55432 (651) 665-9500 x28 (763) 572-3588 Great River Greening3 HBIG09 - Springbrook Nature Center Attachment A Great River Greening4 HBIG09 - Springbrook Nature Center AttachmentA(continued) Buckthorn/HoneysuckletreatmentUplandForestareas(approximately66.03acres)asdepictedon AttachmentA,includingthefollowing: Cut/treat/haul/stack/burnanymaterialover diameter Basalbarkallmaterialunder diameter FollowupBuckthorn/Honeysucklecruise66acres PrescribedburnsonPrairies(approximately10.54acres)asdepictedonAttachmentA,includingthe following: Burnoutintowoodlandsbeyondprairieedges(Ideallyafterfirsttreatmentofbuckthornand honeysuckle) Establishburnbreaks InvasivespottreatmentofPrairies AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 TO: William W. Burns, City Manager FROM: Layne R. Otteson, Assistant Public Works Director DATE: December 7, 2012 SUBJECT: Preliminary Assessment Hearing on 2013 Street Rehabilitation Project No. ST2013-01 Pursuant to discussion and direction of the City Council, a feasibility report has been prepared by the City of Fridley Public Works Department with reference to the 2013 Street Rehabilitation Project No. ST2013-01. On November 5, 2012, this report was presented to the City Council. The City Council set a date for a public hearing on assessments for December 10, 2012 at 7:30 P.M. The public hearing on assessments was advertised in accordance with statutory requirements, with publication on November 22 and November 29, 2012 in the official newspaper. Affected property owners subject to assessment were mailed notice of the public hearing on November 21 st, 2012. I have attached the notice to this Agenda Item. This project includes the Meadowmoor Terrace and Flanery Park neighborhoods and Jackson Street (Melody Manor neighborhood). Three-hundred and thirty four (334) properties are subject to residential assessment and one (1) property is subject to a commercial assessment on the project, in conformance with the City of FridaZnMh LdVYlVn GV_dg GV^ciZcVcXZ @^cVcX^c\ Jda^Xn (see attached project map). On September 18, an open house was held after notice to property owners adjacent to and within the areas affected by the proposed 2013 Street Improvement Project ST2013-01 (see attached project map). There were 77 attendees at the open house, including 3 City Council members. Jackson Street was represented by 9 attendees. Seven (7) attendees were from the North Industrial area. The remaining 58 attendees were residents of the Meadowmoor Terrace and Flannery Park neighborhood. Staff requests that the City Council open the preliminary assess Rehabilitation Project No. ST2013-01 and hear all those who desi LRO:lro Attachment CITY OF FRIDLEY NOTICE OF HEARING ON IMPROVEMENTS 2013 STREET REHABILITATION PROJECT NO. ST2013-01 WHEAREAS, the City Council of the City of Fridley, Anoka County, Minnesota has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 10th day of December, 2012, at 7:30 p.m. the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Avenue, N.E., Fridley, MN and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: Street and utility improvements, including asphalt reclaiming, hot mix bituminous paving, utility improvements, concrete curbing, and miscellaneous restoration located as follows: 2013 STREET REHABILITATION PROJECT NO. ST2013-01 73-1/2 Ave 261' West of Pine Tree Lane to East Terminus 75th Ave Central Ave to Stinson Blvd 75th Ave Cul-De-Sac 75th Ave to North Terminus 76th Ave Central Ave to Arthur St 76th Ave W Cul-De-Sac 76th Ave to North Terminus 76th Ave E Cul-De-Sac 76th Ave to North Terminus 76th Ave Lakeside Rd to McKinley St Arthur St 75th Ave to Osborne Rd Bacon Dr Onondaga St to 75th Ave Bacon Dr 76th Ave to Osborne Rd Evert Ct 73rd Ave to North Terminus Fireside Dr Central Ave to Hayes St Hayes St 73rd Ave to Onondaga St Hayes St Fireside Dr to 76th Ave Lakeside Rd Onondaga St to Osborne Rd McKinley St Onondaga St to 76th Ave Meadowmoor Dr 76th Ave to Bacon Dr Onondaga St Hayes St to Stinson Blvd Pinetree Ln 73-1/2 Ave to Onondaga St Jackson St 73rd Ave to Osborne Rd All of said land and parcels abutting the list of street segments above are to be assessed proportionately according to the benefits received by such improvement. The City Engineer has estimated the project cost to be $1,025,000. A tabulation of costs is available at the City’s Engineering Office. A reasonable estimate of the impact of the assessment for each property will be available at the hearing. The City Engineer will be present to describe the physical and financial impact of the proposed project as described in the project feasibility report and proposed plans and specifications. Hearing impaired persons planning to attend the public hearing who need an interpreter or other person with rd disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than the 3 day of December, 2012. Published: Fridley Focus nd November 22, 2012 th November 29, 2012 AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 TO: William W. Burns, City Manager PW12-097 FROM: James P. Kosluchar, Public Works Director Layne R. Otteson, Assistant Public Works Director DATE: December 10, 2012 SUBJECT: Street Rehabilitation Project ST2013-01 - Resolution Di Plans and Ordering Advertisement for Bids The attached resolution directs preparation of final plans and specifications and authorizes the advertisement for bids for the 2013 Street Rehab^a^iVi^dc Jgd_ZXi Hd- MN1/02,/0- N]Z =^inMh VccjVa street rehabilitation program includes residential neighborhoods of Meadowmoor Terrace, Flanery Park, and one street in Melody Manor (Jackson Street). The total project length is approximately 3.9 miles. Street work will include pavement rehabilitation, drainage improvement, and curb replacement. Utility work will include hydrant replacement and miscellaneous utility upgrades. CenterPointe Energy is expected to upgrade gas mains and services within the project limits. Meadowmoor Terrace and Flanery Park neighborhoods are bordered by Stinson Boulevard to the east, Central Avenue to the west, Osborne Road to the north, and 73rd Avenue to the south. The streets were constructed between 1965 and 1974 except for two cul-de-sacs constructed in 1978. All streets received seal coat maintenance in 2006. The low pavement condition rating and increased maintenance by the street division staff supports rehabilitation. Subsurface investigation has found that the existing pavement has minimal aggregate base support throughout the neighborhood. The reclaiming process will grind and blend the pavement into the underlying sand and produce a stronger base upon which to pave. The improved base aggregate will be shaped VcY ideeZY l^i] V cZl 1} Vhe]Vai eVkZbZci- The full length of Jackson Street (Melody Manor neighborhood) is included in this project. Jackson Street extends from 73rd Avenue and to Osborne Road. Jackson Street was constructed in 1965 and seal coated in 2006. The low pavement condition rating and increased maintenance by the street division staff supports rehabilitation. The southern portion of Jackson Street has deteriorated at an accelerated rate due to the poor drainage conditions. This area will require significant curb replacement. Subsurface investigVi^dc ]Vh [djcY i]Vi i]Z Zm^hi^c\ eVkZbZci ]Vh 3} of aggregate base support but may require additional subsurface correction. The reclaiming process will grind and blend the pavement into the underlying sand and produce a stronger base upon which to pave. The improved base aggrZ\ViZ l^aa WZ h]VeZY VcY ideeZY l^i] V cZl 1} asphalt pavement. Neighborhood utility upgrades include minimal water and sewer upgrades. Staff will replace approximately 5 deteriorated hydrants. Several storm sewer structures have been identified for rehabilitation as well as spot repairs to the sanitary sewer system. Staff will pursue opportunities to install rain gardens with those interested residents. Staff has and will continue to communicate with residents to discuss any service line maintenance or repairs to be coordinated with the project. The street rehabilitation work is funded using special assessments and MSAS funds. Water, sanitary sewer, and stormwater costs are funded by their respective utilities. A Public Hearing on special assessments for this project is scheduled for the December 10, 2012, City Council meeting. Staff recommends that after the public hearing, the City Council adopt the attached resolution to prepare final plans and specifications and call for bids for the LRO:lro Attachment RESOLUTION NO. 2012 - ___ RESOLUTION ORDERING FINAL PLANS, SPECIFICATIONS AND CALLING FOR BIDS: 2013 STREET REHABILITATION PROJECT NO. ST 2013 - 01 WHEREAS , the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby, and WHEREAS , the City of Fridley has prepared a Capital Improvement Plan to systematically reconstruct streets in the City to a standard section including concrete curb and gutter, and WHEREAS , the City of Fridley’s Engineering Department has completed preparation of a feasibility report and estimates of costs thereof for the improvements. WHEREAS , pursuant to direction of the City Council, a report has been prepared by the City of Fridley Public Works Department with reference to the specific improvements, and WHEREAS , Resolution No. 2012-84 adopted November 5, 2012 received the feasibility report and called for a public hearing on the matter of the construction of certain improvements listed therein, and WHEREAS , a public hearing regarding said improvements was set for December 10, 2012, and ten days' mailed notice and two weeks' published notice of the hearing was given, and WHEREAS , the public hearing regarding said improvements was held thereon on December 10, 2012 at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA : 1.Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2.That the improvements proposed in the feasibility report are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: 3.Street improvements, including milling and overlaying with hot-mix bituminous pavement and ancillary work associated with these improvements, to be constructed on the following streets: Street improvements, including pavement rehabilitation, bituminous paving, hydrant replacement and utility repairs including street segments as follows: 73-1/2 Ave 261' West of Pine Tree Lane to East Terminus 75th Ave Central Ave to Stinson Blvd 75th Ave Cul-De-Sac 75th Ave to North Terminus 76th Ave Central Ave to Arthur St 76th Ave W Cul-De-Sac 76th Ave to North Terminus 76th Ave E Cul-De-Sac 76th Ave to North Terminus 76th Ave Lakeside Rd to McKinley St Arthur St 75th Ave to Osborne Rd Bacon Dr Onondaga St to 75th Ave Bacon Dr 76th Ave to Osborne Rd Evert Ct 73rd Ave to North Terminus Fireside Dr Central Ave to Hayes St Hayes St 73rd Ave to Onondaga St Hayes St Fireside Dr to 76th Ave Lakeside Rd Onondaga St to Osborne Rd McKinley St Onondaga St to 76th Ave Meadowmoor Dr 76th Ave to Bacon Dr Onondaga St Hayes St to Stinson Blvd Pinetree Ln 73-1/2 Ave to Onondaga St Jackson St 73rd Ave to Osborne Rd 4.That the work be incorporated in the 2013 STREET REHABILITATION PROJECT NO. ST2013–01. 5.That the work be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 6.That the Director of Public Works, James P. Kosluchar, is hereby designated as the engineer for this improvement. He shall oversee the preparation of plans, specifications and estimates of costs thereof for making of such improvements. 7.That final plans, specifications, and estimates are prepared by the Public Works Engineering Division and provided to the City Council as they are completed. 8.That the Engineering Division call for bids in order that project award and construction can be considered. th PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10 DAY OF DECEMBER 2012 . ______________________________ SCOTT J. LUND – MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN - CITY CLERK AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 Date:December4,2012 To:WilliamBurns,CityManager From:ScottHickok,CommunityDevelopmentDirector JulieJones,PlanningManager StacyStromberg,Planner Subject:FirstReadingforTextAmendmentRequest,TA#1202,MillerFuneralHome THEREQUEST Thepetitioner,ShannonAsmus,onbehalf oftheMillerFuneralHome,isseekinga textamendmenttoaddlanguagetotheC 3,GeneralShoppingzoningdistrict;that wouldallowacrematoryasanaccessoryto themortuaryuseatthesubjectproperty, whichislocatedat6210Hwy65. Theequipmenttoperformcremationsis calledaretort.Theretortisproposedto belocatedinthedetachedaccessory structureonthewestsideoftheproperty. Allactivityassociatedwiththecremation processwilltakeplacewithintheexisting accessorystructure.Noportionofthe processwillbevisibletoapassiveviewer. PREVIOUSCITYCOUNCILACTION TheCityCouncilheldapublichearingforTA#1202onDecember3,2012.Noonefromthepublic appearedatthehearingtoaddresstheissue,buttwoletterswerereceivedandenteredintothepublic record. PLANNINGCOMMISSIONRECOMMENDATION AttheNovember21,2012,PlanningCommissionmeeting,apublichearingwasheldforTA#1202. Afterabriefdiscussion,thePlanningCommissionrecommendedapprovalofTA#1202.Nostipulations areattached.Nomembersofthepublicattendedthehearingtospeakonthisissue. THEMOTIONCARRIEDUNANIMOUSLY. PLANNINGSTAFFRECOMMENDATION CityStaffrecommendstheCityCouncilholdthefirstreadingontheattachedordinancetoallowa crematoryasanaccessoryusetoamortuaryintheC3,GeneralShoppingzoningdistrict. Ordinance No. ____ AN ORDINANCE AMENDING CHAPTER 205, SECTION 205.03, DEFINING “CREMATORY”, “MORTUARY” AND “RETORT” AND SECTION 205.15, ALLOWING “A CREMATORY IN CONJUCTION WITH A MORTUARY” AS AN ACCESSORY USE IN THE C-3, GENERAL SHOPPING ZONING DISTRICT The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 205 related to creation of a definition for “crematory”, “mortuary”, and “retort” and allowing “a crematory in conjunction with a mortuary” as an accessory use in the C-3, General Shopping zoning district be amended as follows: SECTION 1. That Section 205.03 be hereby amended as follows: 205.03DEFINITIONS 17. Crematory. A furnace for cremating; also: an establishment containing such a furnace. 17. 18. Curb Grade. (Remainder of section renumber accordingly) SECTION 2. That Section 205.03 be hereby amended as follows: 53. Mortuary A place in which dead bodies are kept until burial. 53. 54. Motel (Remainder of section renumber accordingly) SECTION 3. That Section 205.03 be hereby amended as follows: 63. Retort A vessel or chamber in which substances are distilled or decomposed by heat. 63. 64. Seasonal Outdoor Food Sales (Remainder of section renumber accordingly) SECTION 4. That Section 205.15 be hereby amended as follows: 205.1 C-3, GENREAL SHOPPING CENTER DISTRICT REGULATIONS 1. USES PERMITTED B. Accessory Uses (11)Crematory in conjunction with a mortuary: (a)Crematory must be licensed by the State of Minnesota Department of Health (b)Crematory must be inspected annually by the State of Minnesota Department of Health (c)Emissions from the operation of the retort must meet State of Minnesota Pollution Control Agency standards. (d)The retort must be properly maintained and serviced by the manufacturer at minimum every 18 months. (e)Mortuary will employ a fully trained, Certified Cremation Technician, capable of overseeing the operation and maintenance of the crematory and retort equipment. (f)Mortuary will make copies of State licensure renewals and annual inspection reports available to the City Building Inspector upon request. TH PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7 DAY OF JANUARY, 2013 ____________________________ Scott J. Lund, Mayor ATTEST: _________________________________ Debra A. Skogen, City Clerk Public Hearing: December 3, 2012 First Reading: December 10, 2012 Second Reading: January 7, 2013 Publication: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 TO: William W. Burns, City Manager PW12-096 FROM: James Kosluchar, Public Works Director Layne Otteson, Assistant Public Works Director DATE: December 10, 2012 SUBJECT: 2012 Sanitary Sewer Lining Project No. 416 - Change Order No. 1 (Final) Attached is Change Order No. 1 (Final) for the 2012 Sewer Lining Project. This change order revises the original contract by reducing the scope of the project. Also, several changes in field conditions warranted compensation to the Contractor. The amount of the change order is -$43,358.75. On April 23, 2012, staff recommended the Council award the project to the low bidder with the understanding that staff would reduce the project scope as the cost had exceeded budgeted funding (see attached map). Staff and the Contractor agreed to significant reduction in quantities of several items while maintaining unit pricing as bid. With the reduction of volume, staff agreed to compensate the Contractor for additional fixed costs of sewage by-pass pumping. At that time, staff estimated the revised contract cost would be $221,970.00 with available funding. Item #1 is for quantity reduction in 8” diameter pipe lining. Staff reviewed the most critical needs of the 8” pipe segments and determined that a short segment scheduled for lining can be deferred to an upcoming sewer lining project. The original quantity was reduced from 1,098 to 950 lineal feet. This resulted in a contract reduction of $4,736.00. Item #2 is for quantity reduction in 21” diameter pipe lining. Staff reviewed the most critical needs of the 21” pipe and determined that the segments under 694 and Main Street should be prioritized. Staff determined that 2 segments shall be deferred to the 2013 sewer lining project. The original quantity was reduced from 2,968 to 2,305 lineal feet. This resulted in a contract reduction of $48,399. 00. Item #3 is for additional costs for by-passing of the 21” diameter sewer pipe. The Contractor explained that fixed by-pass costs were spread out per lineal foot and the reduced scope results in unrecoverable costs. After several lengthy discussions, staff concurred with the Contractor’s justification but at a significantly less cost than requested. This resulted in a contract increase of $1,500.00. Item #4 is for additional costs to install a 21” pre-liner under Interstate 694. The high flow rate and high by-pass costs prohibited City sewer staff from performing a thorough inspection prior to project design. The Contractor began to by-pass flow and clean the pipe in preparation for the liner installation. High infiltration was observed. The Contractor and staff closely reviewed the condition of the pipe and found that joints had separated enough that the liner alone may not provide long-term performance and elevating the risk of a settlement to Interstate 694. The project was delayed several weeks until a pre- liner was fabricated and delivered. Staff had previously discussed by-passing the flow and inspecting the line, but costs were not considered feasible. This resulted in a contract increase of $7,105.85. Item #5 is for material costs of 8” felt liner on 53rd Avenue (4th Street to University Avenue). This segment was included in the project and scheduled for installation after the Interstate 694 lining segment. Additional costs of the 21” pre-liner under Interstate 694 necessitated that the deletion of 53rd Avenue lining. The contractor had already received the custom designed for this segment on a project. The liner material was received by the City and anticipates utilizing the liner in the future. This resulted in a contract increase of $1,170.40. The revised contract amount of $226,791.25 exceeds the estimated amount of $221,970.00 but savings on other sewer projects have made additional funding available. All costs for this project will be paid using Sewer CIP funds. Staff recommends the City Council approve Change Order No. 1(Final) to Lametti and Sons, Inc in the amount of -$43,358.75. The revised contract amount shall be decreased from $270,150.00 to $226,791.25. LRO/lro Attachments CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Lametti & Sons, Inc December 10, 2012 16028 Forest Blvd N. Hugo, MN 55038 SUBJECT:=]Vc\Z IgYZg Hd- 0 '@^cVa( J 1/01 MVc^iVgn MZlZg F^c^c\ Jgd_ZXi Gentlemen: 2012 Sanitary Sewer Lining You are hereby ordered, authorized, and instructed to modify you Project No. 416 by including the following items: Item No. Description UnitsQuantity Unit Price Cost Quantity reduction of 8” VCP Sanitary Sewer 1Lining L.F. -148.0$32.00 -$4,736.00 Quantity reduction of 21” VCP Sanitary 2Sewer Lining L.F. -663.0$73.00-$48,399.00 Additional cost to furnish & install sewer by- 3pass for 21” VCP Sanitary Sewer Lining L.S. 1.0$1,500.00 $1,500.00 Pre-liner for 21” Sanitary Sewer under 4Interstate 694 L.S. 1.0$7,105.85 $7,105.85 5 8” felt liner - material only L.F. 304.0$3.85 $1,170.40 Grand Total -$43,358.75 Submitted and approved by Layne R. Otteson P.E., Assistant Director of Public Works, on the 10th day of December, 2012 Layne R. Otteson P.E., Assistant Director of Public Works Approved and accepted this day of , 2012 by Lametti & Sons, Inc. Lametti & Sons, Inc., Representative Approved and accepted this day of , 2012 by the CITY OF FRIDLEY Scott Lund, Mayor William W. Burns, City Manager AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 TO:WILLIAM W. BURNS, CITY MANAGER FROM:DARIN R. NELSON, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT:RESOLUTION CERTIFYING FINAL TAX LEVY FOR 2013 TO THE COUNTY OF ANOKA DATE:NOVEMBER 29, 2012 In conformance with Chapter 275.07, Subd.1, of the Minnesota Statutes, attached is a resolution certifying the final tax levy requirements to the Anoka County Auditor. Chapter 275.07, subd.1, also requires the City to certify its final tax levy requirements th to the County Auditor within 5 working days after December 20. The final tax levy for 2013 is $11,252,481 compared to $10,703,739 for 2012. This is an increase of $548,742 or 5.13%. The make-up of this $11,252,481 is: $9,972,346General Fund $331,700Springbrook Nature Center $948,435Bonded Indebtedness $11,252,481Total 2013 Levy We request the City Council pass the attached resolution to certify the final tax levy. Remember this resolution must be adopted prior to adopting the final budget. DRN/ce Attachment cc: Deb Skogen RESOLUTION NO. 2012 - ?? A RESOLUTION CERTIFYING FINAL TAX LEVY REQUIREMENTS FOR 2013 TO THE COUNTY OF ANOKA WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the power to raise money by taxation pursuant to the laws of the State of Minnesota; and WHEREAS, Minnesota Statute Chapter 275.07, subd. 1 requires the City to certify its final tax levy requirements to the County on or before five working days after December 20 in each year; and NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County of Anoka, 2012 2013 State of Minnesota, the following final tax levy to be levied infor the year: GENERAL FUND General Fund$ 9,972,346 MARKET VALUE BASED REFERENDUM LEVY Springbrook Nature Center$ 331,700 BONDED INDEBTEDNESS 2005A GO Improvement Bonds $ 171,379 (Streets 2005) 2006A GO Improvement Bonds 203,500 (Streets 2006) 2007A GO Improvement Bonds 189,800 (Streets 2007) 2008A GO Improvement Bonds 144,906 (Streets 2008) 2010B GO Equipment Certificates 75,443 (Equip 10&11) 2012A GO Equipment Certificates 163,407 (Equip 12&13) TOTAL ALL FUNDS$ 11,252,481 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10th DAY OF DECEMBER, 2012. ATTEST:______________________________ SCOTT J. LUND - MAYOR _______________________________ DEBRA A. SKOGEN - CITY CLERK 11/29/12 AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 TO:WILLIAM W. BURNS, CITY MANAGER FROM:DARIN R.NELSON, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT:RESOLUTION ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR 2013 DATE:NOVEMBER 29, 2012 In conformance with Chapter 275.065, Subd. 6, of the Minnesota Statutes, attached is the 2013 final budget. Chapter 275.07 subd. 1 requires the City to certify a final budget to Anoka County on or before five working days after December 20th each year. We request the City Council pass the attached resolution and adopt the 2013 final budget. Remember the levy resolution must be adopted prior to adopting the budget. DRN/ce Attachment cc: Deb Skogen RESOLUTION NO. 2012 - ?? A RESOLUTION ADOPTING THE 2013 FINAL BUDGET WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual budget; and WHEREAS, the City Manager has prepared such document and the City Council has met for the purpose of discussing the budget; and WHEREAS, the City Council has held a public meeting and has concluded the budget as prepared is appropriate; NOW THEREFORE, BE IT RESOLVED that the following final budget be adopted and approved: ESTIMATED REVENUEAPPROPRIATIONS GENERAL FUND TaxesLegislative: Current Ad Valorem$ 9,972,346City Council$ 128,188 Delinquent, Penalties,City Management: Forfeited125,000General Management293,549 Licenses and PermitsHuman Resources209,712 Licenses266,900Legal423,990 Permits533,250Finance: Intergovernmental:Elections6,460 Federal62,000Accounting716,111 State:Local Government Aid0Assessing213,709 All Other744,082MIS250,654 Charges for Services:City Clerk/Records161,126 General Government1,440,600Police: Public Safety287,752Police5,315,813 Public Works38,000Emergency Management19,846 Community Development11,500Fire: Recreation216,900Fire1,237,552 Fines and Forfeits155,000Rental Inspections147,828 Special Assessments44,100Public Works: Interest on Investments54,600Municipal Center263,768 Miscellaneous Revenues161,000Engineering553,431 Other Financing Sources:Lighting268,000 Sales of General Fixed Assets0Park Maintenance967,764 Liquor Fund250,000Street Maintenance1,099,879 Closed Debt Service Fund350,000Garage441,382 CIP-Streets41,000Recreation: Recreation881,765 Community Development Building Inspection320,858 TOTAL REVENUES AND OTHER 14,754,030Planning464,744 FINANCING SOURCES Reserve: Fund Balance:Emergency120,000 General Fund Reserve(51,176)Nondepartmental:196,725 $ 14,702,854$ 14,702,854 TOTAL GENERAL FUND SPECIAL REVENUE FUNDS Cable TV Fund$ 286,000Cable TV Fund$ 170,782 Grant Management Fund106,964Grant Management Fund106,964 Solid Waste Abatement Fund383,321Solid Waste Abatement Fund365,527 Police Activity Fund0Police Activity Fund0 Springbrook NC Fund425,400Springbrook NC Fund408,217 Fund Balance(150,195)Fund Balance0 $ 1,051,490$ 1,051,490 TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS Capital Improvement Fund Building Capital Improvement$ 344,835Building Capital Improvement$ 327,500 Streets Capital Improvement605,940Streets Capital Improvement841,000 Parks Capital Improvement28,680Parks Capital Improvement170,000 Fund Balance359,045 $ 1,338,500$ 1,338,500 Total Capital Improvement Fund Capital Equipment Fund Capital Equipment Notes$ 243,500General Fund Machinery$ 1,065,400 Fund Balance821,900 1,065,4001,065,400 $ 2,403,900$ 2,403,900 TOTAL CAPITAL PROJECTS FUNDS $ 18,158,244$ 18,158,244 TOTAL ALL FUNDS PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10th DAY OF DECEMBER 2012. ATTEST: SCOTT J. LUND - MAYOR DEBRA A. SKOGEN - CITY CLERK 11/5/12 AGENDA ITEM CITY COUNCIL MEETING OF December 10, 2012 To: William W. Burns, City Manager From: Darin R. Nelson, Finance Director Date: December 5, 2012 Re: Resolution Providing for Water Rate Change Staff again worked with the 5-year pro forma statements in order to determine the breakeven point for the Water fund for 2013. In addition to the 5-year forecast, staff also updated a long-range forecast to aid in estimating both long-term operating and capital needs, as well projecting potential rate increases over a twenty year span. This long-range forecast was presented to the Council at the October budget work session. The goals of the long-range forecast are to enable the Water Fund to be self-sustaining without relying on debt to fund ordinary capital outlay, and to maintain low to moderate rate increases. Ordinary capital outlay is the capital outlay needed each year to sustain the current infrastructure, which for 2013 is budgeted to be $1,960,000. In 2012, the Council approved the first year of three-year plan to increase rates to a level needed to sustain Water operations, capital outlay, and debt service. The objective was to raise rates 8% for the next three years (2012, 2013 & 2014) in order to meet necessary cash flows. After the three- year timeframe, staff is expecting rate increases to more closely mirror inflationary rates. An 8 percent increase for 2013 amounts to an annual additional cost of approximately $11.83 for the average residential user. 3, but will move the fund closer to breaking even in the near future with the anticipation of recovering prior losses shortly thereafter. This increase is projected to result in a net loss of approximately $59,000. As mentioned earlier, future annual increases will be needed in order to achieve long-term solvency. The following is the recommended rate structure for 2013. The fixed charge is assessed on a quarterly basis and accounts for the administrative charges associated with the billing and maintenance of customer information. The volume rate is based on the number of gallons a customer consumes during the quarter. 1 2013 Rate and Structure Residential Fixed Charge Volume Rate per 1,000 Gallons Actual Consumption (Quarterly 0-20,000) $12.25 $1.38/1000 gallons Actual Consumption (Quarterly 20,001-40,000) $12.25 $1.53/1000 gallons Actual Consumption (Quarterly 40,001-60,000) $12.25 $1.68/1000 gallons Actual Consumption (Quarterly 60,001-unlimited) $12.25 $1.81/1000 gallons Commercial Actual Consumption (Quarterly 0-40,000) $12.25 $1.68/1000 gallons Actual Consumption (Quarterly 40,001-250,000) $12.25 $1.87/1000 gallons Actual Consumption (Quarterly 250,001-500,000) $12.25 $2.08/1000 gallons Actual Consumption (Quarterly 500,001-1,000,000) $12.25 $2.29/1000 gallons Actual Consumption (Quarterly 1,000,001-unlimited) $12.25 $2.50/1000 gallons Staff has incorporated the revenue into the 2013 Budget that has been presented to the Council. Staff is recommending the City Council's consideration of the water rate modification beginning with the first billing in 2013 by the adoption of the attached resolution. 2 RESOLUTION NO. 2012 - __ RESOLUTION PROVIDING FOR WATER RATE CHANGE WHEREAS, Section 402.20 of the City Code provides that the City Council shall have the authority to set water rates by resolution; and WHEREAS, it is necessary to provide an increase of revenue in order to achieve the breakeven point within the Water Fund for 2013; and WHEREAS, F for 2013, the rate increase will move the fund closer to breaking even in the near future; and WHEREAS, this rate increase will still result in a net loss of approximately $59,000; and WHEREAS, future annual increases are necessary to achieve long-term solvency of the Water Fund; and WHEREAS, the following rate structure and rates are to be effective with the first billing in 2013. NOW THEREFORE, be it resolved, that the following water rate schedule for all customers shall be as follows for the year 2013: 2013 Rate and Structure Residential Fixed Charge Volume Rate per 1,000 Gallons Actual Consumption (Quarterly 0-20,000) $12.25 $1.38/1000 gallons Actual Consumption (Quarterly 20,001-40,000) $12.25 $1.53/1000 gallons Actual Consumption (Quarterly 40,001-60,000) $12.25 $1.68/1000 gallons Actual Consumption (Quarterly 60,001-unlimited) $12.25 $1.81/1000 gallons Commercial Actual Consumption (Quarterly 0-40,000) $12.25 $1.68/1000 gallons Actual Consumption (Quarterly 40,001-250,000) $12.25 $1.87/1000 gallons Actual Consumption (Quarterly 250,001-500,000) $12.25 $2.08/1000 gallons Actual Consumption (Quarterly 500,001-1,000,000) $12.25 $2.29/1000 gallons Actual Consumption (Quarterly 1,000,001-unlimited) $12.25 $2.50/1000 gallons PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10th DAY OF DECEMBER, 2012. _______________________________ SCOTT J. LUND - MAYOR ATTEST: __________________________________ DEBRA A. SKOGEN - CITY CLERK 3 AGENDA ITEM COUNCIL MEETING OF DECEMBER 10, 2012 To: William W. Burns, City Manager From: Darin R. Nelson, Finance Director Date: December 5, 2012 Subject: Resolution Providing for Storm Water Rate Increase for 2013 Staff again worked with the 5-year pro forma statements in order to determine the breakeven point for the Storm Water Fund for 2013. In addition to the 5-year forecast, staff also updated a long- range forecast to aid in estimating both long-term operating and capital needs, as well projecting potential rate increases over a twenty year span. This long-range forecast was presented to the Council at the October budget work session. The goals of the long-range forecast are to enable the Storm Water Fund to be self-sustaining without relying on debt to fund ordinary capital outlay, and to maintain low to moderate rate increases. Ordinary capital outlay is the capital outlay needed each year to sustain the current infrastructure, which for 2013 is budgeted to be $340,000. In 2010, the city began to issue bonds to cover this ordinary capital outlay. The problem with issuing bonds for this type of activity is that over time, principal and more notably interest payments tend to be the driving factors of the funds bottom line. These compounding interest costs cause rates to increase to substantially higher levels than if the city were to fund these expenditures up front. Staff is still recommending that the city bond for any extraordinary capital outlay that occurs in the future. However, at this point we do not have any of these types of projects in our current Capital Improvements Plan. In order to cover operations, capital outlay, and debt service; quarterly commercial rates need to increase from $13.62 to $14.16 per acre per quarter, which equates to a quarterly increase of $0.54 per acre. You may recall that a residential lot is defined to be 1/3 of an REF (Residential Equivalency Factor) acre. Subsequently, quarterly residential rates will increase from $4.54 to $4.72, a quarterly increase of $0.18 or annual increase of $0.72. This recommended rate increase does achieve the nd to achieve long- term solvency. Projections indicate 4 percent annual increases will be needed to sustain sufficient reserve levels. Staff is recommending this storm water rate change be effective with the first billing in January 2013. Attachment RESOLUTION NO. 2012-__ RESOLUTION PROVIDING FOR A STORM WATER DRAINAGE RATE INCREASE WHEREAS, Section 402.20 of the City Code provides that the City Council shall have the authority to set the storm water drainage fee by resolution; and WHEREAS, it is necessary to provide an increase of revenue in order to achieve the breakeven point within the Storm Water fund for 2013; and WHEREAS, 2013; and WHEREAS, future annual increases operating losses and to achieve long-term solvency of the Storm Water fund; and WHEREAS, the new rate is to be effective with the first billing in 2013. NOW THEREFORE, be it resolved, that the following storm water drainage rate for all customers shall be $14.16 per quarter per REF-acre. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10th DAY OF DECEMBER, 2012. _______________________________ SCOTT J. LUND - MAYOR ATTEST: __________________________________ DEBRA A. SKOGEN - CITY CLERK AGENDA ITEM CITY COUNCIL MEETING OF December 10, 2012 To: William W. Burns, City Manager From: Darin R. Nelson, Finance Director Date: December 5, 2012 Re: Resolution Providing for Sewer Rate Change Staff again worked with the 5-year pro forma statements in order to determine the breakeven point for the Sewer fund for 2013. In addition to the 5-year forecast, staff also updated a long-range forecast to aid in estimating both long-term operating and capital needs, as well projecting potential rate increases over a twenty year span. This long-range forecast was presented to the Council at the October budget work session. The goals of the long-range forecast are to enable the Sewer Fund to be self-sustaining without relying on debt to fund ordinary capital outlay, and to maintain low to moderate rate increases. Ordinary capital outlay is the capital outlay needed each year to sustain the current infrastructure, which for 2013 is budgeted to be $375,000. In 2010, the city began to issue bonds to cover this ordinary capital outlay. The problem with issuing bonds for this type of activity is that over time, principal and more notably interest payments tend to be the driving factors of the funds bottom line. These compounding interest costs will cause rates to increase to substantially higher levels than if the city were to fund these expenditures up front. Staff is still recommending that the city bond for any extraordinary capital outlay that occurs in the future. However, at this point we do not have any of these types of projects in our current Capital Improvements Plan. The recommended rate increase of 7.5 for 2013. Future annual increases will be needed to recover achieve long-term solvency. Projections indicate that rates will have to increase by 7.5 percent for 2013 and 5 percent for 2014, after which rate increases should moderate to more closely mirror inflationary rates. A 7.5 percent increase for 2012 amounts to an annual additional cost of approximately $24.40 for the average residential user. In 2011, staff had projected a 2013 rate of 5 percent and not 7.5 percent. Unfortunately, the sewerage treatment (MCES) are increasing by 6.5 percent or almost $300,000 for 2013. Part of the increase is due to the C flows being 1 more of a percentage of the total metro-wide sewage flows compared to the prior year. In addition, the MCES charges account for approximately 75% of the Sewer operating costs. Therefore, the large rate increase from MCES has significant and direct impact on sewer rates the City must charge its customers. The following is the recommended rate structure for the Sewer fund for 2013. The fixed charge would be assessed on a quarterly basis and would account for the administrative charges associated with the billing and maintenance of customer information. The volume rate used would be based on the amount of gallons a customer would consume during the quarter. The winter quarter water consumption would be the basis for the following four quarters of sewer charges. This process would remove the impact that lawn watering has on any of the other four quarters. Property Class Consumption Basis Fixed Charge Volume Charge Single Family Winter Quarter Water Usage $9.15 $3.91/1,000 gallons Commercial Current Quarter Water Usage $9.15 $3.91/1,000 gallons Non-Profit Current Quarter Water Usage $9.15 $3.91/1,000 gallons Multiple Dwellings Winter Quarter Water Usage $9.15 $3.91/1,000 gallons Manufactured Home Park Winter Quarter Water Usage $9.15 $3.91/1,000 gallons Staff is recommending the City Council's consideration of this sewer rate change beginning with the first billing in 2013 by adoption of the attached resolution. Attachment 2 RESOLUTION NO. 2012 - __ RESOLUTION PROVIDING FOR SEWER RATE CHANGE WHEREAS, Section 402.20 of the City Code provides that the City Council shall have the authority to set sewer rates by resolution, and WHEREAS, it is necessary to provide an increase in revenue in order to achieve the breakeven point within the Sewer fund; and WHEREAS, recommended rate increase will achi 2013; and WHEREAS, future annual i operating losses and to achieve long-term solvency; and WHEREAS, the following rate structure and rates are to be effective with the first billing in 2013. NOW THEREFORE, be it resolved, that the following sewer rate schedule for all customers shall be as follows: Property Class Consumption Basis Fixed Charge Volume Charge Single Family Winter Quarter Water Usage $9.15 $3.91/1,000 gallons Commercial Current Quarter Water Usage $9.15 $3.91/1,000 gallons Non-Profit Current Quarter Water Usage $9.15 $3.91/1,000 gallons Multiple Dwellings Winter Quarter Water Usage $9.15 $3.91/1,000 gallons Manufactured Home Park Winter Quarter Water Usage $9.15 $3.91/1,000 gallons PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10th DAY OF DECEMBER, 2012. _______________________________ SCOTT J. LUND - MAYOR ATTEST: __________________________________ DEBRA A. SKOGEN - CITY CLERK 3 AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 Date: December 6, 2012 To: William Burns, City Manager From: Darin Nelson, Finance Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Kay Qualley, Environmental Planner Subject: Resolution for Solid Waste Abatement Program (SWAP) Fee Increase Background Annually, staff reviews the curbside recycling program revenues and expenses to set an appropriate recycling service fee on City utility bills for the upcoming year. Based on revenues and expenses, staff proposes increasing the utility billing fee the maximum allowed by the City Charter. In 2013, the maximum allowable increase is 3.61 percent. Revenues are generated in majority from the Solid Waste Abatement Program (SWAP) fee on the utility bill; and in lesser amounts from the state SCORE grant funds for qualified recycling expenses. Revenue from the State SCORE grant is variable each year and not guaranteed. In 2012, residents paid $ 7.17 per household in quarterly recycling fees on their utility bills Expenses in the SWAP fund include the curbside recycling service, recycling drop-off events, personnel and public education, with the curbside recycling contract generating the largest expense. The 2012 recycling contract fee was $7.05 per residential dwelling per quarter. Budget/Impact The SWAP fees generated through City utility bills do not fully cover the expense of the residential curbside recycling service and drop-off events. Each year, the SWAP Fund needs to be subsidized by State SCORE grant funds and the City’s General Fund. SWAP fees on City utility bills will generate $7.43 per household per quarter in 2013, an increase of $0.26 over last year, if the fee is raised 3.61 percent. Curbside recycling expenses will remain at $7.05 per household per quarter from January through th April 30, 2013, when the city’s contract rate with Allied Waste Services increases to $7.17. st Fridley curbside recycling contract service rates will increase on May 1 each year, over the next six years. Recommendation Staff recommends that the City Council adopt the attached resolution, directing staff to increase the SWAP recycling service fee by 3.61 percent to $7.43 per quarter, effective with the first utility billing of 2013. RESOLUTION NO. 2012 A RESOLUTION APPROVING RECYCLING SERVICE FEES WHEREAS, State Statute 115A.552, Subdivision 2, requires the City of Fridley to provide, at minimum, curbside recycling services; and WHEREAS, the City of Fridley has chosen to provide Fridley residents with recycling services, including curbside recycling services; and WHEREAS, the State provides only partial funding to subsidize the City’s recycling efforts so that the remaining costs must be paid by the user of such services; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley that the per dwelling unit service fee charged to all single through 12-unit residential buildings serviced by the City’s residential recycling service contract in the City be set at $7.43 per dwelling per quarter effective with the first utility billing of 2013. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH 10 DAY OF DECEMBER 2012. ____________________________ SCOTT J. LUND - MAYOR ATTEST: __________________________________ DEBRA A. SKOGEN – CITY CLERK AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 To: William W. Burns, City Manager From: Darin R. Nelson, Finance Director Date: December 6, 2012 Re: Resolution Adding a Council Policy Regulating Gifts, Donations and Sponsorships Background Each year the City of Fridley receives donations from many different sources including private and non-profit organizations as well as individuals. These donations are instrumental in providing specific programs and services or enhancing the way of life in Fridley. In the past, donations have been approved and accepted by individual departments. On occasion those donations may have also been recognized by the Council. Minnesota State Statute 465.03 requires municipalities governing board to accept all donations. Below is an excerpt of the Statute. 465.03 GIFTS TO MUNICIPALITIES. Any city, county, school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every such acceptance shall be by resolution of the governing body adopted by a two-thirds majority of its members, expressing such terms in full. To ensure openness and that these items become part of the public record, staff has developed a new policy to provide for the acceptance of gifts, donations, and sponsorships that is keeping with the mission, philosophy and policies of the City of Fridley. Since the number of donations received by City each year is substantial, staff will be bringing forward a complete list of donations to be approved at the end of each year. Recommendation Staff recommends Council adopt the resolution adding a council policy regulating gifts, donations, and sponsorships. 1 RESOLUTION NO. 2012 - __ A RESOLUTION CREATING A COUNCIL POLICY REGULATING GIFTS, DONATIONS AND SPONSORSHIPS TO THE CITY OF FRIDLEY WHEREAS, each year the City receives donations from many different sources including private and non-profit organizations as well as individuals which are instrumental for providing specific programs and services and services or enhancing the way of life in the City of Fridley; and WHEREAS, donations have previously been approved and accepted by individual departments and recognized by the City Council, WHEREAS, Minnesota Statute 465.03 requires municipalities governing board to accept all donations by a resolution adopted by a two-thirds majority; and WHEREAS, to ensure openness and to make these gives and donations a part of the public record, staff has developed a new policy, as shown in Attachment 1, to provide for the acceptance of gifts, donations and sponsorships in keeping with the mission, philosophy and policies of the City of Fridley; and WHEREAS, the policy will require staff to bring forward a complete list of donations to be approved by resolution at the end of each year. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the City of Fridley Policy Regulating Gifts, Donations and Sponsorships. __________________________ SCOTT J. LUND, MAYOR ATTEST ________________________________ DEBRA A. SKOGEN, CITY CLERK 2 Attachment 1 City of Fridley Regulating gifts, donations and sponsorships Purpose of Policy : To define practices and policies for the acceptance of gifts, donations and sponsorships to ensure that it is in keeping with the mission, philosophy and policies of the city of Fridley. Introduction: The City of Fridley welcomes gifts, donations and sponsorships for a variety of community programs, projects, events or equipment needs that directly benefit residents and support the priorities of the City as established by its council. Process for requesting and accepting donations City employees must have the permission of their department director to actively solicit or accept gifts, donations or sponsorships to benefit programs or services sponsored by the City. The acceptance of any gifts, donations or sponsorships must meet a previously identified need and must benefit residents. In addition, it must be understood by the donor that any gifts, donations or sponsorships are given solely to benefit the community and with no expectation or perception that the City itself will then provide business or other benefits to the individual, business or organization (quid pro quo activity). All donations are subject to approval by the Fridley City Council. Sponsorship of community events/activities The City of Fridley hosts a variety of community events throughout the year, including but not limited to Nickel Jamboree, Night to Unite, Pumpkin Night, Safety Camp, Spring Fling, and Winterfest. A variety of opportunities are available for sponsoring either all or parts of the events, including food, events, performances, etc. Requesting sponsorships When requesting gifts, donations or sponsorships in the form of cash, products or services; City staff must make a reasonable effort to give equal opportunity to all groups, organizations, individuals or businesses that may be interested. Donations and sponsorships must promote the intentions of the event. Requests may be posted on the City's web site and/or city newsletter. Donations of merchandise & equipment The City welcomes the donation of merchandise and equipment for public benefit. Examples include musical equipment, facility furnishings, public safety equipment or athletic equipment. Acceptance of all gifts of merchandise and equipment is contingent upon review by city staff, which will determine the following: If the merchandise of equipment meets an identified need of the City, and if it is for public benefit and use; If the merchandise or equipment will involve the City incurring long-term costs for accepting, maintaining and disposing of the property; If the merchandise or equipment is donated free of any quid pro quo expectation by the donor. Acknowledging contributions Event and Program Sponsorships Donations made to sponsor or assist in the sponsoring of an event or program will be recognized as part of any publication, printed and/or electronic, distributed for the event or program by the City. In addition, at the sponsored event or program, the donor may distribute any information related to their cause, as approved in advance by the City. Gifts and Donations Gifts and donations will be acknowledged through a letter of recognition from the City. Volunteer Time No Council approval is needed for the donation of time to the City by volunteers. Adopted: December 10, 2012 3 AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 To: William W. Burns, City Manager From: Darin R. Nelson, Finance Director Date: December 6, 2012 Re: Resolution Approving 2012 Gifts, Donations, & Sponsorships Background Each year the City receives a multitude of gifts and donations. The City is sincerely grateful for the support we receive from an array of organizations and individuals. Without this support, the continuation of different events or programs would be difficult to sustain. Attached is a schedule for 2012 listing all of donations and gifts received by various city departments thru November 30. All the items listed on the attached schedule are required to be accepted by the city council and adopted by a two-thirds majority. In addition, all items have been determined to be donated free of any quid pro quo expectation by the donor. Recommendation Staff recommends Council adopt the resolution approving the 2012 gifts, donations, and sponsorships listed on schedule 1. 1 RESOLUTION NO. 2012 - __ A RESOLUTION APPROVING THE 2012 GIFTS, DONATIONS AND SPONSORSHIPS TO THE CITY OF FRIDLEY WHEREAS, each year the City receives a multitude of gifts and donations; and WHEREAS, the City is sincerely grateful for the support we receive from an array of organizations and individuals; and, WHEREAS, without this support, the continuation of different events or programs would be difficult to sustain; and WHEREAS, the attached 2012 schedule lists all the donations and gifts received by various city th departments thru November 30; and WHEREAS, all the items listed on the attached schedule are required to be accepted by the city council and adopted by a two-thirds majority; and WHEREAS, in addition, all items have been determined to be donated free of any quid pro quo expectation by the donor. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the 2012 Gifts, Donations and Sponsorships listed on schedule 1. __________________________ SCOTT J. LUND, MAYOR ATTEST ________________________________ DEBRA A. SKOGEN, CITY CLERK 2 AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 10, 2012 INFORMAL STATUS REPORTS